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Home My WebLink About95-04198 ~ ~ \\ t ~ ~ ~ ~ ~ '~ . 'J " ,of': , ~.. \~~ ~":. '\ --. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW EDWIN TUCKER HILL 654 Beinhower Road Etters, PA 17319, Plaintiff and GLADYS HILL 654 Beinhower Road Etters, PA 17319, Plaintiff No. 15/ 4 (~r C!J.-lL~t '- 1.<<-1 \"-' vs. LESTER WOODY, JR. 3524 Four Seasons Drive Durham, NC 27707, Defendant and T W OWENS & SONS TRUCKING Highway 17 South Lavonia, GA 30553, Defendant NOT ICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights that are important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. j:"~~ Court Administrator Office of Court Administration 1 Courthouse Square Carlisle, PA 17013 Telephone (717) 240-6200 MIKUS LAW ASSOCIATES . Date: "/1 )<)J.-' By: ?- -;>- ~ ICHAEL P.. McDONALD, ESQUIRE 408 West Chestnut Street Lancast r, PA 17603 Teleph ne (717) 299-4575 Attorney ID No. 43647 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW EDWIN TUCKER HILL 654 Beinhower Road Etters, PA 17319, Plaintiff and GLADYS HILL 654 Beinhower Road Etters, PA 17319, Plaintiff No. vs. LESTER WOODY, JR. 3524 Four Seasons Drive Durham, NC 27707, Defendant and T W OWENS & SONS TRUCKING Highway 17 South Lavonia, GA 30553, Defendant COMPLAINT 1. Plaintiff, Edwin Tucker Hill, (hereinafter referred to as "HILL"), is an individual and citizen of the Commonwealth of Pennsylvania, residing therein at 654 Beinhower Road, Etters, Pennsylvania, 17319. 2. Plainti ff , Gladys Hill, ( hereinafter referred to as GLADYS) , is an individual and citizen of the Commonwealth of Pennsylvania, residing therein at 654 Beinhower Road, Etters, Pennsylvania, 17319. 3. Defendant, Lester Woody, Jr., (hereinafter referred to as "WOODY"), is an individual and citizen of the State of North Carolina, residing therein at 3524 Four Seasons Drive, Durham, North Carolina, 27707. 4. Defendant, T W Owens & Sons Trucking, (hereinafter referred to as "OWENS"), is a Georgia corporation, doing business in the Commonwealth of Pennsylvania, with a principal place of business located at Highway 17 South, Lavonia, Georgia, 30553. 5. Defendant, WOODY, at all times material hereto, acted in his individual capacity and acted by and through his duly authorized agents, servants, workmen, and/or employees, who were acting wi thin the scope of their employments and authorities; said employments and authorities, actual, implied, apparent and ostensible. 6. Defendant, OWENS, at all times material hereto, acted in it's capacity and acted by and through it's duly authorized agents, servants, workmen, and/or employees, including but not limited to WOODY, who were acting within the scope of their employments, and authorities; said employments and authorities, actual, implied, apparent and ostensible. 2 7. On August 9, 1993, plaintiff, HILL, was operating a motor vehicle owned by plaintiff, HILL, on S. 32nd Street, N/B Rt. 11 & 15 at Harvard Ave., Camp Hill, Cumberland County. Pennsylvania, when said vehicle was struck in the rear by a tractor trailer owned by defendant, OWENS, and operated by defendant, WOODY. B. The aforesaid collision and plaintiffs' resulting injuries, damages and losses, as more fully set forth herein, were directly and proximately caused by the negligence, carelessness and recklessness of the defendants, WOODY and/or OWENS, as more fully set forth herein. 9. The negligence, carelessness and recklessness of the defendants. WOODY and/or OWENS, consisted of the following non- exclusive particulars: a. failure to exercise circumstances; reasonable care under the b. failure to reasonably operate and/or control a motor vehicle; c. driving a motor vehicle at an unreasonable, excessive and/or unsafe rate of speed under the circumstances; d. failure to maintain a reasonable, proper, and/or adequate lookout in the operation of a motor vehicle; e, failure to reasonably yield the right-of-way to another motor vehicle; f. operating a motor vehicle in a reckless and unlawful manner; g. failure to reasonably react and/or respond to traffic patterns and conditions under the circumstances; 3 h. unreasonably striking another motor vehicle in the rear; i. failure to operate a motor vehicle in such a manner to allow for a stop wi thin the assured cleared distance ahead; j. failure to reasonably monitor and/or recognize traffic patterns and conditions, under the circumstances; k. operating a motor vehicle without due regard for the rights of other motorists; 1. failure to reasonably maintain, inspect, and/or otherwise provide for the safe operation of a motor vehicle; m. violation of the Motor Vehicle Code, 75 Pa.C.S.A. Sect. 3361; n. violation of local ordinances and of the Statutes of the Commonwealth of Pennsylvania; o. negligence per se; p. such other acts and/or failures to act that will be revealed by discovery. COUNT I EDWIN TUCKER HILL V. LESTER WOODY, JR., AND T W OWENS & SONS TRUCKING 10. Plaintiff, HILL, hereby incorporates paragraphs one (1) through nine ( 9 ) as though the same were set forth at length herein. 11. As a direct and proximate result of the aforesaid negligence, carelessness and recklessness of the defendants, WOODY and OWENS, plaintiff, HILL, has suffered, and continues to 4 ~~-..---,~""" suffer injuries to the bones, muscles, nerves, tendons and/or tissues of his body, including, but not limited to: injuries and damages throughout his head, cervical spine, trapezius, shoulder, arm, elbow, hand and fingers, aggravation of C6-C7 ruptured disc with radiculopathy, neurological injury, damage and radiculopathy throughout the cervical spine, shoulder and upper extremity into the hand and fingers, loss of reflex in upper extremity and aggravations thereto, and further injuries proximately caused by the negligence, carelessness and recklessness, as aforesaid and/or proximately caused thereby as a result of treatment and/or medication taken as a result of the injuries and damages sustained; all and/or some of which have prevented him, and will in the future prevent him from pursuing his usual duties, occupations and/or activities; claim made for the aforesaid and other damages resulting therefrom and concomitant thereto. 12. As a dilect and proximate result of the negligence, carelessness and recklessness of the Defendants, WOODY and OWENS, the Plaintiff, HILL, has suffered and/or may continue to suffer in the future, the following damages: a. past, present, and future pain and suffering; b. past, present, and future emotional/ psychological damages and suffering; c. physical limitations, loss of use and injuries; 5 ',,' .~..'"' d, impairment of earning capacity and/or earnings; which may exceed benefits otherwise available e, loss of the ability to carry out his customary duties and activities; . , f. past, present and future medical expenses; which may exceed benefits otherwise available and g, past, present and future loss of daily enjoyment of life. WHEREFORE, Edwin Tucker Hill, hereby demands judgment of the defendants, Lester Woody, Jr. and T W Owens & Sons Trucking, jointly and/or severally, in an amount in excess of Thirty-Five Thousand ($35,000.00) Dollars. COUNT IJ: GLADYS HILL V. LESTER WOODY, JR., AND T W OWENS & SONS TRUCKING 13, Plaintiff, GLADYS, hereby incorporates paragraphs one (1) through twelve (12) as though the same were set forth at length herein. 14. Plaintiff, GLADYS, has been at all times material hereto and is the wife of plaintiff, Edwin Tucker Hill. 15. As a direct and proximate result of the aforesaid negligence, carelessness and recklessness of the defendants, OWENS and WOODY, resulting in injuries, damages and losses to her 6 husband, Edwin Tucker Hill, GLADYS has been caused to suffer a loss of consortium, comfort, companionship, support, affection, society and services: claim made heretofore. WHEREFORE, Gladys Hill, hereby demands judgment of the defendants, Lester Woody, Jr. and T W Owens & Sons Trucking, jointly and/or severally, in an amount in excess of Thirty-Five Thousand ($35,000.00) Dollars. Respectfully submitted, Dated: ~/7)7-J- MIKUS LAW ASSOCIATES , ') c../~ chael P. M re I.D. #43647 408 West Chestnut Street Lancaster, PA 17603 (717) 29?-4575 Attorney for Plaintiffs BY: 7 VERIFICATION I, GLADYS HILL, do hereby verify that I am a plaintiff in the foregoing action and that the facts contained within the foregoing Complaint, are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements made herein are made subject to the penalties of 18 Pa.C.S. Sect. 4904, relating to unsworn falsification to authorities. (' 'rj :/)j , i) V '\ /.1 :; (1.~/.L,./' .cl2t / GLA YS HILL Dated:~q,:r- VERIFICATION I, EDWIN TUCKER HILL, do hereby verify that I am a plaintiff in the foregoing action and that the facts contained within the knowledge, information and belief, foregoing Complaint, are true and correct to the best of my The undersigned understands that the statements made herein relating to unsworn falsification to authorities. are made subject to the penalties of 18 Pa.C.S. Sect. 4904, <~~~ ,-,_t... EDWIN TUCKER HItL Dated: VUL~ .rL( '" , \~ ..... '''''' eM' - '-'J ""I '''-'''l .' :-:c: ~ ~ --- "-> '" rz -.;::j- rl ~' ~ ....... ~ ~ ""-f ~ <.:. ........ .... to- "--- ......... '" <' ~ ~~,~, => ~ -. -=->. ~J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW EDWIN TUCKER HILL 654 Beinhower Road Etters, PA 17319, Plaintiff and GLADYS HILL 654 Beinhower Road Etters, PA 17319, Plaintiff No. 95-4198 vs. LESTER WOODY, JR. 3524 Four Seasons Drive Durham, NC 27707, Defendant and T W OWENS & SONS TRUCKING Highway 17 South Lavonia, GA 30553, Defendant PRAECIPE TO FILE PROOF OF SERVICE PURSUANT TO Pa.R.C.P. 404(2) AND 403 TO THE PROTHONOTARY: Kindly file the attached correspondence of August 8, 1995 to Defendant, Lester Woody, Jr., with green card return receipt and Receipt For Certified Mail, Article Number Z 435 627 033, as Proof of Service of the Defendant, Lester Woody, Jr., in the above captioned matter, Respectfully Submitted, MIKUS LAW ASSOCIATES I ! DATE: ~ '7 /1J- , ~.-;::),I ,-" ~ BY: ~hael P. MCDonald, Esquire Attorney for Plaintiffs, Edwin Tucker lIill and Gladys Hill 408 West Chestnut Street Lancaster, PA 17603 (717) 299-4840 Attorney 10#43647 ; ":'~ " d:~ ,.. K:: Ln en co '".. IT-,_ ., ~ .. ~ :":1 ..J ~.i ~ to.. ,'y ~ ~'->..~ .... --.r). J ;:;: ,'ti:>~ .J:T. -....~ ..,_. , " ~. ;.. ...... :;;;:; 5 Ct :JI' u = ~ .- -- 0" ... \'" It. eom,IIte i.n. 1 tnd/Of 2 for HdIUonII..mcu. 'I' CompIoIo_3.1IId...b. , . Print your nen'II end ..... on the rever.. 01 thlt tonn 10 thlt w. can mum tNI CItd 10 you. . t . Attach thtt fan'I'I to thI front of the ml6lplKt. Of on the bKk II 'piC' 1 -....-. . II ' W.....R.....___........-bo...."".............. I . The Rerum RectlPt wII thow to whom the IrtJdI w...~ Ind lhe e111I I & .lveftcl. Cantul&.' atma.tI, for tH. 'I 3. Artlell Add..llod 10: 41, Artlell Numbt!l : Lester Woody, Jr I Z 435 627 03 t524 Four Seasons Drive 4b. Slrvlel TYPI 6 urham, NC 27707 ~ 0 Rlglllllld Dlnlurod llIl Clrtlflld o ExP"" 7. 011101 Iry ~ Q .&~. 8. Add.... ~. Ind III I I 1110 wloh 10 ,ocllvl thl following IIrvle.. 110' In "UI 1..1: 1. 0 Add;....'1 Add'..1 f I J ~p\, 1 c .. -. i - );.' oqUlllod J ; 2, D<RIII,lelod Olllvlry 1lIJ . ,_TIC DOMESTIC RETURN RECEIPT -''''-~~ Z 435 60'7 033 ~ R1ceiPl for ~. C rtified Mail _ No n5urance Coveranl! Provided ~:.l:'~-:;:'l Do nOf uso for International Ma.1 IScu Reversel M ......'1 ! I o Ct CD ... ~ C''''''''''lf.-, & Ul lL $ ~l"'( ~I' i~. ''', !" ~"\lr~ 11" [~ ,"'. I,.. ....'"."I'",..I,...,.,O..j I" "t."." "'11.',_ t.~ ,,"'. I fl..'''.nl'......,.1..........I''\... 0..'.. "',1 A.I,I'....'.~, k,.,., ., 10lAI "'''!.''I'' I\f....\ ,\6 $ 1'1l~'rt1,1'. 0' IJ,II.' ~)i!qS- --'" I:R - .- ~~. ... .,. \ I ~ ,. <:> .;r ~ - S' '" ::;....,;;:>: ~&uIUa: ~:lt! ...:. 0<> ~ ( ) ) _. rl I, \ \ .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW EDWIN TUCKER HILL and GLADYS HILL, PLAINTIFFS v. NO. 95-4198 CIVIL TERM LESTER WOODY, JR. and T.W. OWENS & SONS TRUCKING, DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the undersigned's appearance on behalf of Defendants, Lester Woody, Jr. and T.W. Owens & Sons Trucking, in the above-captioned case. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: ~ -:23-9S; BY' ((d:.J.- k, \.1, f4t_ .~ ~!{t ESQ. 100 P~ne Street - 4th Fl. P.O. Box 803 Harrisburg, PA 17108-0803 I.D. 52918 (717) 232-9323 ATTORNEY FOR DEFENDANTS CERTIFICATE OF SERVICE I, Robin Kae Nelson, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ~ '=?t d. day of August, 1995, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: MICHAEL P. McDONALD, ESQ. 408 WEST CHESTNUT STREET LANCASTER, PA 17603 ATTORNEY FOR PLAINTIFFS -, . ...: ~\}v . )( . ,l_c....\.~ '~OaIN KAE NELSON $ ~ :.c: g... ;!. C") ~ ", ::> ..". -->- ."... -d.,",: t....,...!., \,., c' ;~'J UOZ:U..... ~ 't; tj. ~~ " .-1i.I' " wl::r. ,."..~.i.L ";~l':~ ~',1: to.., ~O C> (' EDWIN TUCKER HILL and GLADYS HILL, PLAINTIFFS v. LESTER WOODY, JR. and T.W. OWENS & SONS TRUCKING, DEFENDANTS NO. 95-4198 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED MARSHALL, DENNEHEY, WARNER, COLE~ & GOGGIN BY: fA t . T MO HY . M 100 pine St eet P.O. Box 803 Harrisburg, PA 17108-0803 I.D. 52918 (717) 232-9323 S TIP U L A T ION The parties, through their respective counsel, hereby stipulate that paragraph 9 (p) of Plaintiffs' Complaint is hereby withdrawn with prejudice. DATE: <J423 - ~S DATE: '1 /oJ'/ri"~ ATTORNEY FOR DEFENDANTS MIKUS LAW ASSOCIATES --7 "? ;f ...... t .. BY: , -M CHAEL P. McDONALD, ESQ. I.D. 436,7 408 West' Chestnut Street Lancaster, PA 17603 (717) 299-4575 ATTORNEY FbR PLAINTIFFS ~ ? ., :s: e>-- ... .... ("t') ,.. 0:> - <>- .., (,/'1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW EDWIN TUCKER HILL and GLADYS HILL, PLAINTIFFS v. NO. 95-4198 CIVIL TERM LESTER WOODY, JR. and T.W. OWENS & SONS TRUCKING, DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: PLAINTIFF(S) You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. DATE: 10 -~ -9s- MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY, 4s.)Jt.!Jt- TIMOTHY J. McMAHON, ESQ. 100 pine Street - 4th Fl. P.O. Box 803 Harrisburg, PA 17108-0803 1.0. 52918 (717) 232-9323 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW EDWIN TUCKER HILL and GLADYS HILL, , . PLAINTIFFS v. NO. 95-4198 CIVIL TERM LESTER WOODY, JR. and T.W. OWENS & SONS TRUCKING, DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT 1. Denied. Defendant, after reasonable investigation, is without information sufficient to form a belief as to the truth of these allegations and accordingly, the same are denied and strict proof thereof is demanded at trial. 2. Denied. Defendant, after reasonable investigation, is without information sufficient to form a belief as to the truth of these allegations and accordingly, the same are denied and strict proof thereof is demanded at trial. 3. Admitted. 4. Admitted. 5. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded at trial. 6. Admitted in part; denied in part. It is admitted only that Defendant, T.W. Owens acts through agents, servan~s, workmen and/or employees, including Defendant Woody. The remaining allegations of this paragraph constitute conclusions of law and accordingly, no response is required and the same are deemed denied and strict proof thereof is demanded at trial. 7. Denied. Defendant, after reasonable investigation, is without information sufficient to form a belief as to the truth of these allegations and accordingly, the same are denied and strict proof thereof is demanded at trial. B. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded at trial. 9. Denied. Answering Defendants deny all allegations of negligence, carelessness and/or recklessness as set forth in this paragraph, together with its subparts (al through (0). To the contrary, Answering Defendants aver that at all times relevant to the material allegations set forth in Plaintiffs' Complaint, they acted with reasonable care under the circumstances. COUNT I. EDWIN HILL v. LESTER WOODY ~O. Answering Defendants incorporate by reference their responses to paragraphs ~ through 9 above as if fully set forth at length herein. ~l. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded at trial. -2- -..-. 12. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded at trial. WHEREFORE, Defendants, Lester Woody, Jr. and T.W. Owens and Sons Trucking demand judgment in their favor and against Plaintiffs, together with such other relief as this Court shall deem appropriate. COUNT II. GLADYS HILL v. LESTER WOODY. JR. AND T.W. OWENS & SONS TRUCKING 13. Answering Defendants incorporate by reference their responses to paragraphs 1 through 12 above as if fully set forth at length herein. 14. Denied. Defendant, after reasonable investigation, is without information sufficient to form a belief as to the truth of these allegations and accordingly, the same are denied and strict proof thereof is demanded at trial. 15. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded at trial. WHEREFORE, Defendants, Lester Woody. Jr. and T.W. Owens and Sons Trucking demand judgment in their favor and against Plaintiffs, together with such other relief as this Court shall deem appropriate. -3- NEW MATTER 16. Plaintiffs' claims are barred by the applicable statute of limitations. 17. Plaintiffs have failed to state a cause of action in their complaint upon which relief can be granted. 18. Plaintiffs' claims are barred and/or limited by the applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 19. No act or omission on the part of Answering Defendants was a substantial contributing factor in bringing about Plaintiffs' injuries and/or damages, all such injuries and/or damages being expressly denied. 20. Any and all injuries and/or damages as described by Plaintiffs in their complaint, the same being expressly denied, were caused in whole or in part by the acts or omissions on the part of third parties over whom Answering Defendants had no control nor right of control. 21. Plaintiffs' claims are barred and/or limited by the doctrines of res judicata and/or collateral estoppel. WHEREFORE, Defendants, Lester Woody, Jr. and T.W. Owens & Sons Trucking, demand judgment in their favor and against Plaintiffs, together with such other relief as this Court shall deem appropriate. -4- DATE: ID-6-95" MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN ~ . ) 111 1,1 BY: ".-u--d"; , //,'~ lll- TIMOTHY J.~CMAHON, ESQ. 100 Pine Street 4th Fl. P.O. Box 803 Harrisburg, PA 17108-0803 J.D. 52918 (717) 232-9323 ATTORNEY FOR DEFENDANTS -5- VERIFICATION The undersigned hereby verifies that the statements in the foregoing ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT are ': based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of the defense of this lawsuit. The language of the above-named ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT is that of counsel and not my own. I have read the ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT is that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.R.C.P. 2252(d) C.S. Section 4904, relating to unsworn falsification to authorities. DATE: t3 -1... "9' '2- .;,~ t!~/b'Z'Z/tZ - ~TER WOODY, JR. / I TITLE: CERTIFICATE OF SERVICE I, Robin K. Nelson, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 9th day of October, 1995, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: MICHAEL P. McDONALD, ESQ. 408 WEST CHESTNUT STREET LANCASTER, PA 17603 ATTORNEY FOR PLAINTIFFS /.., j /' /7/ 1 <. '~I....., A.. '--- <:.:--. ......._____ ROBIN K. NELSON ~ '-j -;;, I.r) O~ ~....~ .'-1 ,.. , C:::-J .'1::< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW EDWIN TUCKER HILL 654 Beinhower Road Etters, PA 17319, Plaintiff and GLADYS HILL 654 Beinhower Road Etters, PA 17319, Plaintiff No. 95-4198 vs. LESTER WOODY, JR. 3524 Four Seasons Drive Durham, NC 27707, Defendant and T W OWENS & SONS TRUCKING Highway 17 South Lavonia, GA 30553, Defendant PLAINTIFFS' REPLY TO NEW MATTER 16. Denied. The averment throughout paragraph number 16 is denied in accordance with Pennsylvania Rule of Civil Procedure 1029(e). Plaintiffs' claims are at all times in conformity with the applicable Statute of Limitations. 17. Denied. The averment throughout paragraph number 17 is denied in accordance with Pennsylvania Rule of Civil Procedure 1029(e). Plaintiffs' at all times have stated a cause of action upon which "-,-<.- relief can be granted. 18. Denied. The averments throughout paragraph 18 are denied in accordance with Pennsylvania Civil Procedure 1029(e). 19. Denied. The averments throughout paragraph 19 are denied in accordance with Pennsylvania Civil Procedure 1029(e). 20. Denied. The averments throughout paragraph 20 are denied in accordance with Pennsylvania Civil Procedure 1029(e). 21. Denied. The averments throughout paragraph 21 are denied in accordance with Pennsylvania Civil Procedure 1029(e). WHEREFORE, plaintiffs request judgment in conformity with plaintiffs Complaint as filed in the instant matter. Respectfully Submitted, MIKUS LAW ASSOCIATES DATE: /11/3oh.J- BY: ~"1:v.J"",........--. Nichael P. MCDonald, Esquire Attorney for Plaintiffs, Edwin Tucker Hill and Gladys Hill 408 West Chestnut Street Lancaster, PA 17603 ( 717) 299-4840 Attorney ID#43647 !i CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiffs' Reply to New Matter, was hereby mailed by first-class, postage prepaid on the 3D....... Day of lJ'k .,.~ , 1995, to the following: Timothy J. McMahon, Esquire 100 Pine Street, 4th Floor P.O. Box 803 HarriSburg, PA 17108-0803 Respectfully submi~ted, MIKUS LAW ASSOCIATES, P.C. 'DATE: ,"J/~~/'J"- BY : ':::;:> ""'1.... C ae1 P. M onald, Esquire Attorney fo Plaintiffs I.D. #4364 408 West C estnut Street Lancaster, PA 17603 (717) 299-4840 V E R I F I CAT ION I, EDWIN TUCKER HILL, do hereby verify that I am a plaintiff in the foregoing action and that the facts contained within the foregoing Plaintiffs' Reply to New Matter, are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements made herein are made subject to the penalties of 18 Pa.C.S. Sect. 4904, relating to unsworn falsification to authorities. C;Ju, EDWIN TUCKER HILL Dated: o? b fS)(1. c;!J V E R I FIe A T ION I, GLADYS HILL, do hereby verify that I am a plaintiff in the foregoing action and that the facts contained within the foregoing Plaintiffs' Reply To New Matter, are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements made herein are made subject to the penalties of 18 Pa.C.S. Sect. 4904, , relating to unsworn falsification to authorities. Dated: tf}-t;- ;( G) IQ9S ~1L DYS HILL ~ - ~.:: '- - ",0- ...... \4'-~ U.-.::J-l _::..-0- l4.,.--""Z Ie.. .;..' ~ "'" Q.~!:l;" L; C~ ~~ uJ l'r. -,eI) _.1 "'-,.:-= :.-li,.lh'~ '. :r.Q'lU .....:loG. ~::> .;><> ,- '" :~ = \ #') 0- d;; EDWIN TUCKER HILL and GLADYS HILL, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-4198 v. CIVIL ACTION - LAW LESTER WOODY, JR. AND T. W. OWENS & SONS TRUCKING, Defendants WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Defendants, Lester Woody, Jr. and T. W. Owens & Sons Trucking, in the above- captioned matter. ~~~~~~L~ g~~~~r(~ WARNER( ~ CJ GA..~~ ~ \.3~W~~ BY: \ "" TIMOTHY J. McMAHON, ESQUIRE 1.D. II: 52918 100 Pine Street; Suite 400 Harrisburg, PA 17108 717-232-1022 Kindly enter my appearance on behalf of Defendants, Lester Woody, Jr. and T. W. Owens & Sons Trucking, in the above-captioned matter. MARSHALL, DENNEHEY, WARNER, COLEMAN AND GOGGIN BY: J 1. 100 pine Street; Suite 400 Harrisburg, PA 17108 717-232-1022 Dated: t)'~'z.M~"\'2.. "))1 \ ,',\ (.. CERTIFICATE OF SERVICE I, Susan M. Williams, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 13th day of December, 1996 served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: .~~jlll'\_ (l'l IJiU'JM~ SUSAN M. WILLIAMS Michael P. McDonald, Esquire MIKUS LAW ASSOCIATES 408 West Chestnut Street Lancaster, PA 17603 " ~ . ~ \l) ~ .;f .-- ~ "'- ,- IF c~; ':) ':>~ - '.J~ ii: 4'l~ r= -<;: C' \0 ,,~ ". "'- .,~ .--- " c.J ..1U] " w IUQ.. f- c;; ..'; ~ \!'> h) en 6 EDWIN TUCKER HILL IInd GLADYS HILL. Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . PENNSYLVANIA [, ~ vs. 1)5,41\18 CIVIL TERM LESTER WOODY, JR. and T.W. OWENS & SONS TRUCKING. Defendants IN RE: DEFENDANTS' MOTION TO COMPEL ORDER AND NOW, this Z Y. day of December, 1\1\16, u rule is issucd on the pluintiffs to show euuse why the requestcd relief should not be grantcd. Suid rule rcturnablc twcnty (20) days after serviec. BY THE COURT. AlED-OrFlCE ('" ......~ . ("........l....'.t""...._'"l'{ " i. ". " ,._,I},., v '.j. ~ cl ,." ~:,) . ~~~ 'lj~ ~" ~. 'f~ 9) fl~r. 21j fill2: ne cu:..~;J..: ....'. .:! ,~.:>c..:i,t:".I. PcN~~~;yL'.',~N~,\ ~ ;<. :1"~~ , ...,. '~~,:;., -p';J!!:':'._ ':',~ , , :'.' '.'- ,_. .' '" ~."'-.' >,~1;.:.),;~' ,f;:,,!/' "',";,', ','.-; ",(< ! v: ': :';{~~t?:{ff,tr,';\:,.~,t,,'~,J!':{,"'~';!}',f'? ~ ,~;"i>::t~~~ ,> ,~ ", r:, .','....' ",_cl ,,4, '~; '.,-.'.: ,'",-, ~J1tti;~~'~;=-..~~~:..~~,w~__ ~:;;:;':'a:~~= ~ ,. WI,,"iN,. "DAvao"iuVIC.': " ,eov..IIl.l.OllIAT LAW',_" IN Aoio'II4LTT",. _,......._. :111I, %i." =_IA~Jrf&,{~-':,.:". ,', . 1DllPINER~~THR.ooR,}~'~1:~::!,~F(" . . .V... ATToRN.... HICl1lBBUAO, PENNSYLVANIA 171DlWllI03"; .".." IN. ~,-: '\ ,'~,' ~ -'~; .,....., - . . .' ~." -~,---- EDWIN TUCKER HILL and GLADYS HILL, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-4198 v. CIVIL ACTION - LAW LESTER WOODY, JR. AND T. W. OWENS & SONS TRUCKING, Defendants ORDER AND NOW, this day of , 199_, upon consideration of Defendants' Motion to Compel Responses to their First Set of Interrogatories and First Set of Request for production of Documents as well as any and all opposition thereto, it is hereby ORDERED and DECREED that Plaintiffs shall fully respond to Defendants' Interrogatories and Request for Production of Documents within twenty (20) days or Plaintiffs' Complaint shall be stricken with prejudice. BY THE COURT: J. EDWIN TUCKER HILL and GLADYS HILL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-4198 CIVIL ACTION - LAW Plaintiffs v. LESTER WOODY, JR. AND T. W. OWENS & SONS TRUCKING, Defendants DEFENDANTS'. LESTER WOODY. JR. AND T. W. OWENS TRUCKING. MOTION TO COMPEL RESPONSES TO THEIR FIRST SET OF INTERROGATORIES AND PIRST SET OF REOUEST FOR PRODUCTION OF DOCUMENTS Defendants, Lester Woody, Jr. and T. W. Owens Trucking, by and through their attorneys, Marshall, Dennehey, Warner, Coleman & Goggin, file this Motion to Compel and in support thereof, state as follows: 1. On September 14, 1995, Defendants served Plaintiff with their First Set of Interrogatories as well as their First Set of Request for Production of Documents with regard to the above-captioned matter. A true and correct copy of the transmittal letter forwarded with the written discovery requests is attached and marked as Exhibit "A". 2. Under all applicable Pennsylvania and Local Rules of civil Procedure, Plaintiff had thirty (30) days to respond to the written discovery requests. 3. Plaintiff never responded to the written discovery requests within thirty (30) days as provided by all applicable Rules of Civil Procedure. 4. On April 12, 1996, Defendants forwarded correspondence to Plaintiffs' counsel requesting the long overdue responses to written discovery. A true and correct copy of this letter is attached and marked as Exhibit "B". I l 5. On July 1, 1996, Defendants forwarded another letter to Plaintiffs' counsel requesting responses to the long overdue written discovery requests. A true and correct copy of this letter is attached and marked as Exhibit "CO. 6. On August 26, 1996, Defendants forwarded yet another letter to Plaintiffs' counsel requesting responses to the long overdue discovery requests. A true and correct copy of this letter is attached and marked as Exhibit "D". 7. On September 19, 1996, Defendants forwarded yet another letter to Plaintiffs' counsel requesting responses to the outstanding written discovery requests which, by this time, were over one year old. Defendants informed Plaintiff that if no responses were forthcoming, a Motion to Compel would be filed. A true and correct copy of this letter is marked and attached as Exhibit "E". 8. On September 27, 1996, Defendants forwarded their fifth letter requesting responses to the written discovery requests. A true and correct copy of this letter is attached hereto and marked as Exhibit "F". 9. As of the present date, Plaintiff has not responded to ~ of the letters dated April 12, 1996 through September 27, -2- .~' 1996 regarding responses to the outstanding written discovery requests. 10. Pursuant to Pennsylvania Rule of civil Procedure 4019(a) (1) (i), Defendants respectfully request that Plaintiff be ordered to provide full, complete and discreet responses to the outstanding written discovery requests which are well over one year old within twenty (20) days or be sanctioned by this Honorable Court by having Plaintiffs' Complaint stricken with prejudice. WHEREFORE, Defendants, Lester Woody, Jr. and T. W. Owens Trucking, respectfully request that this Honorable Court grant their Motion to Compel and order Plaintiffs to provide full, complete and discreet responses to the outstanding written discovery requests within twenty (20) days or face the sanction of having plaintiffs' Complaint stricken with prejudice. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN AND GOGGIN C:~'--\' <; '" I LE, ESQUIRE 1 Pine St eet, Fourth Floor P. '. Box 803 Harrisburg, PA 17108-0803 (717) 231-3762 I.D. No. 59062 Attorneys for Defendants DATE: December 13, 1996 -3- A1UNIO'J/N, 1'I.NN~n.vANIA (610) 176.7\00 FAX (111011710 7lN4 Ikn'U:....,tNlN,I'f.NNSYlVANIA un) 1481bll fAX un, l4H.\4J9 I ANCASllR.I'ENNsnVANIA l7IHIY'HM\ J.AX(717)lW,IHU MU>lA, I'ENNSUVANIA 16101 891.ft7oo IA)( I^,Oltl'lUIIO Nt IttRIS'H )\1,'1'.1. 1'J..NNSYlVANIA 16l{)ll~1'''''40 J.AX ltllOllYI-0410 l'ITTSI\lJlItJlI.I'f.NNSnVANIA 14I111\j",4\~ ....\ 141J1:1l ItlH LAW lll'l'lCl~~ IvtAR.'iIIAI.L. DrNNIIIIY. W ARNIR COLEMAN &'3 C()(;C;IN 1'llII.Al)f:lMIlA,I1.NNS\1.\'ANI^ . U1\) \75;t.OO fAX 11m \1\0/1"" ~ :MANTON, I'l:NNSYlVANIA 11111 14l.IWi MX 11171 Hl.4'HI WI."" (111$TU, 1't-:NNsYI \.'A~;I" 161014)HI[).l fAX 1610,4U...,:: MARlTON. NF.W JER~I.'( (tDJl9II\.1900 I-AX (fi"nQH\ IQq ttOS!l.ANIl. NI:W II R"ll (101) '1.140101 "AX 11011 m.IW,\ \\'IU.lAMSIORT, I'lNN~Yl \'M~: ~ f7171IlIt-,,^,wl lAX I71H HIo.~~:. A I'Rlll'}'.'i"llllNAI, (lll\l'llllAll()N 100 1'lNf 'n1tITI, HIlIl nOR "OI\Cl);tllJI IIARIUSI\l.JRO, 1'f.NNSYIVANIA 1110H 0&11 t71H1I1Ulll (:AI\I.I: AI)I)I\f$."'.- MARSI1AU. fAX 11111 lit 1"'4'1 September 14, 1995 Direct Dia~ 232-9323 Michael P. McDonald, Esquire MIKUS LAW ASSOCIATES 408 West Chestnut Street Lancaster, PA 17603 RE: HILL. et al. v. WOODY, JR, AND T.W. OWENS TRUCKING OUR FILE: 07015-00244.061 CCP (CUMBERLAND COUNTY) NO. 419B CIVIL TERM 1995 Dear Mr. McDonald: This will acknowledge receipt of the Stipulation which I had sent to you in the above-referenced matter. I have filed it with the Court and will send you a time-stamped copy. As I am sure you are aware, Lester Woody resides in Durham, North Carolina and it may take me a reasonable period of time to secure a verification from Mr. Woody relative to Defendants' Answer with New Matter to Pl~intiffs' Complaint. Unless you advise to the contrary, I will assume that I have a l'easonable extension of time to file that Answer with New Matter. I certainly appreciate your cooperation in this regard. Finally, I enclose Defendants' Interrogatories and Request for production of Documents directed to Plaintiffs in this matter. TJM\rkn Enclosures vecv;;:,v vO"C"~~ TIM01~ M.@~HON AlllNTO\lrN, l'tNN~VtVANIA 1610J1167W FAX (fII01116-7Y'l4 l..JYlF...nu.....'N. M'NNSnVANIA (II'I Hti-1611 FAX (11\1 )48\4"" LANCAsrtR. PlJ-INSVlVANIA m7lJW.IM\ FAX (7I71IY'l-II~\1 MEOlA. rENNSnVANIA (610) 89Z-l1700 FAX (610) 891-tl71O NllRRI~TOW'N. I'ENNSYlV,o\NIA 16101191-4440 FAA 1610t l'Il.0410 1'lmnUIl.G1I. "ENNSvtV,o\NIA I4IH ""4....""1 ...,\ t41: I : I.' I,,~' I.^W 11IHCI~~ N1AR.'iIIAlI. I)rNNIIIIY. W AIU\JIR CcllJMAN 8 C()(,(,IN 11111AIIIII'IIIA,I'lJUbHVAtllA U1\1'I7\111OO IA)( llI\I\7\~\I, ....}tAN IllN, 11,NNSYI.\',o\t-;IA 1lI71141.lm IA)( 1111114].4,"' WI:;I ('llISTI R,I'FNNsn\'M~1 ~ IMOlUHICl.I lAX (Mill 411 4Hl MARUON. NI'" 1I:ll."irY I'II:"HI YIl\.J'X\) 'AX (hI.'1IYII\.I'H4 ,UJ'iIlAN'.. N[W JI:R.'iIY llOIl mo 10 I "A)( IlOI)W4-!Wi\ ^ I'IH 111....iSII)NAI (l*l\ UtA I It IN 1(\11'INI sltun, 4111111.111 I'll III. IX *11 11"ltlll"'U !1l1 i, I'INNSYIVANIA I IlL," 1'......)1 HIli III lOll CAIIU AI)(lIUS,"i MARSI1AlI rAX Ul7tlIlIM4" ^pril 12, 1996 .....'IIUAMSI'11l.l, ,..}.!NSYlV....r;!. 1711l111llA."HI lAX 11111 1111 \\,'; Direct Dial 232-9323 Michael P. McDonald, Esquire MIKUS LAW ASSOCIATES 408 West Chestnut Street Lancaster, PA 17603 RE: HILL. et al. v. WOODY. JR. AND T.W. OWENS TRUCKING OUR FILE: 07015-00244.061 CCP (CUMBERLAND COUNTY) NO. 4198 CIVIL TERM 1995 Dear Mr. McDonald: As I am sure you will acknowledge, on behalf of Defendants, I had sent written discovery to your attention back in September, 1996, but to date, h~ve received no response. That discovery is quite overdue and look forward to receiving your answers promptly. I would also appreciate it if you would let me know of Mr. and Mrs. Hill's availability. for deposition in the first two weeks of June, 1996. I look forward to hearing from you. V~U1Y yours, TI'i1:!.CMAHON TJM\rkn AUI NllN.'N.I'INN:-.n\^NII\ IfJIO} 1111 7'M.\' lAX (flI0171t, 7'l'I4 1,,'nISlo\1'N.11Nt.i...\I\M~I" llU)1481fl1l fAX (lI\II4" \41'<1 I ANI. 'A~11R. MNN"''1\'M~I'' 11111 ,..,., 1~4\ IA); 11111'~1~\l ..nnIA.I'LNNSYlVANIA Ifll(l)lWl ''11\' 1,,\ Iflh'II'N: II;'. tAII'llITIITS NIAR""A1I. IJINNIIII). W ARNIR ( :( )1 L'vIAN (~ (;()( ,( ,IN .00\ 1'lh"I.~~ltlfMI clIR''I.'f(AIItIN WI! AU II.lllA.11.NUSYI.VAUI.... 111\1 HS.ltW I^X fll\IH\OMf, '~ ~ANluN.I.INNSYlVANIA t111114z.1'M1 1M; Hllll4z.4'N1 .11."1 t IIL"IIf(.I'tNNSn\'M~I" i"I"I4114hlJ 'A). 111I01"'14\11 MARl.TON, NfW IFJtSn Ihl'fJI'<l"\'''''(' 1,",\ 1I..~I"'II\ '9k h\'I'1NI "'UHlI,4111IH\111 1'\,11\1.'\ "'\1 11.",~Rbl\II~I;, 1'1 NNSn\'ANIA I II<Vo I"""'" 11Il1H111.ll! l-AIIU ^1II"H."i~ ..lAIN 1M I '-\\411;1:1:1.....' ',' 'I1RI"-hl\t'N "INN"YIV"r.;!4. ,"h'l :",: ...... 'AX IfllOll'lll\4l\l 1'lrI"lurluill.11NN"H\"AN1" 441H '<14 +..~' I'" 141.'1:1:11,,- .July 1. 1 '.I'll. 14, l"II"'~I' "-;1.\1.' IIR!"I' UI'I,'I"411k:!\ I All: UlIII 'l'J4 1%\ 11111"'.t"-I'lPl,11:NNSYI\'ASt. .717111""''''1 , '" '1' I I:,. ~ 'l.'- Direct Dial 232'9323 Michael P, McDonald, Esquire MIKUS LAW ASSOCIATES 408 West Chestnut Street Lancaster, PA 17603 RE: HILL. et a!. v. WOODY. JR, AND T.W, OWENS TRUCKING OUR FILE: 07015-00244.061 CCP (CUMBERLAND COUNTY) NO. 4198 CIVIL TERM 1995 Dear Mr. McDonald: As you know from the discussion which we had on June 24, 1996 in the context of depositions, I remain interested in receiving Plaintiffs' Answers to Defendants' Interrogatories and Request for production of Documents in this matter. I have reviewed the medical package which you provided to me immediately prior to the deposition and fiJ'ld that although it provides some information, I expect that more information regarding your client's claimed injuries and. damages will be forthcoming through the responses to the above-described discovery. Please provide responses promptly, or r will file a Motion to Compel. l.astly, my review of the file in this matter indicates that you have not previously made a demand. Although I emphasize that I do not have any' settlement authority ,It this time in this matter, I nevertheless am interested in I'eccipt of your demand so that I can pass that along to my cl ient for its cOI1f:idel-.1tion. Michael P, McDonald, Enquire ,Tu 1 Y ], ] 'J<)fi Page 2 ---- --- -~. - ------- -- ---------- Thank YOIJ for YOlll' oInl ic: ipalcd c:oopol'at ion, l'JM\ l'kn V(;~t: I y TIM~:J.J , llfJ( I .//~I L. c:MAIION AUJNH N.'N, "_NNSnVANIA ItJIOI116 HC\1 lA.l Itlhllllt11l1'li ,.WU....,{}\\'N, ":NNSnVANIA UI\I148.1611 'AX UlH14ft\i111 I.ANI:ASUR,I'UmsYlVANIA 11111 JW-IM\ 'AX UI1IIWIIIH MI_I_A, M:NHSnVANIA 'IlIllI "Ill 1l1ro fA" ,IlIOI "'#J "'1\.1 P~i Itll4.h't r.I.'N. I'tNNSYlVANIA lf1l01Nl-4UO lAX If1l(lll'll0410 1'ln~I\IJfUItl."I-:NNSnVANIA 141:11'li4.>>.1 '0\' lilllllll6\\ I,^W OITlCb~ 1\1ARSIIALI.. DENNIIILY, \XI ARNIR COlEMAN &3 CO(I,IN l'IIII.AUIU'IlIA, rtJiNS'ltvANIA 1111117111>00 MX unl \1H>>I\t. SCRANTON.I'EN'NSnVANIA III II 141.1'" FAX: nm 141.4m \III:"'" CItESTl..... rENNsn\'M~I"" (6'0) 4J1-4loo fAX; C6,OJ4J1.4\1l MAfU.TON. NEW ,ERSFY 16(9) 911\.IQtXl MX, (6091911\,111)4 l4.(lSEl..ANl>. NEW J[II"') (l01) WHUO) FAX: (l01) W4,'9M \1/lIl1AMSfURT. f>ENNS)l\ "''"' ~ l1IHJl6.lA~1 FAX,(7I7J Uh\\.:': A MtOn:s.o.;IONAI. IllRlnRA11(lN 1m "Nt !-llRII.l, 4l1lllo.l14. ro I\OXtlOl l'A'UU~IMJRO.I'ENNSYl\'^NIA 111lVl(\*lo.ll f1I111Jl,IOll CANT AnOR.:........- ~IAI4..~IlAII "AX 11m lUIIli'1 August 26. 1996 Direct Dial 232-9323 Gene Cook, Esquire Litigation Coordinator GAB BUSINESS SERVICES, INC. 4360 Chamblee Dunwoody Road - Suite 500 P.O. Box 81806 Atlanta, GA 30341 RE: HILL. et al. v. WOODY. JR, AND T.W. OWENS TRUCKING OUR FILE: 07015-00244.061 CLAIM: 22907-00267 D/LOSS: 8/9/93 INSURED: BURNHAM SERVICE COMPANY, INC. Dear Mr. Cook: Confirming our conversation of August 22, 1993, I will solicit a demand from Plaintiffs' counsel. If that demand is much more than $20,000, I will then proceed to subpoena medical records from those physicians outlined in the next to last paragraph of my letter of July 1, 1996. I continue to believe that this case has some, although not a tremendous amount of settlement value and I think that the best use of resources is to explore the potential for a reasonable settlement at this juncture before taking more discovery. I will promptly relay Pbaintiffs' demand to you and otherwise keep you up to date. TJM\rkn ours, , '... ...clo.._,'.. D,,".,'8~ IM~JEXH' . "I'BIT..'..'.. .....q,...-, '.:<~';;"'" "it:.;}'""..".. ":< '''; -.:..',: _..,,', ,OX.,.'.... ../: ~-:-.. .. .0_..' ...... . ""'. AUOInlYlN. 1'I:NN~nVANIA (61011l61\tlJ fAX (MOln" tIN.. IXJYLL'nO\VN. M::NNSnVANIA UUI )43.1611 FAX UI~. )48.\4)9 I.ANCA!ol"'T1J\. rrNNSYLVANIA (111) JW-I84~ fAX (1171 tlNI8U MEOlA. f'ENNSnYANIA (610) 191,8100 FAX (610) 1WJ.H1W NtlRRI5TIJVIN.I1-:NNSnVANIA (610) 1'1].4..40 FAX (610) 19Z.0410 "ITTS8UROII. rfNNSYLVANIA I..m 194 ~~, FAX ("U) Bn6~~ tAW lllTICI'S N1/\RSIIALI. DINNII IIY, W ARNIR COLEMAN 6 c( lCCIN 1111I.AIIfl1111A.I'lNNsnVAtH.4 u IH \1\.Z600 lAX 11I~) ~1\OIlV ~:fl.ANTnN. 1't.'NN5n\'A.'iIA nm )4Z.I999 fAX I1In 141....", \I,'l1'll cIIL'''U.I'lNNSn\Af.;' CMOI..I....lro lAX IMO' "IH\J; J.tARLTON, Nl.W JfJ.t~E.Y U""n911\.ltKt' 'AX 1/."'1'111\ htu A l'ROIl.S."IOHAI. (llHl'.-lllA III IN 100 MNI: ~i'Rl n. "T11llt ),lR ro IlllXMI IIARII.ISI\lJlHi.I1'NN'iYl\'ANIA lllfWl (Woll t1I1lZll.IOU CAIU AllOIUSS-MARSlIAU fAX 17111111.1'14" September 19, 1996 III lSUANI I. NfW Ilk.:) Uilll'l9H)\oJ fAX UOIIW",llHl \1,'ltLlAMSIORT. rLNN~\:'. ...~.' , liI7l11"\~,m lAX C1l71lltd~" Direct Dia: 232-9323 Michael P. McDonald, Esquire MIKUS LAW ASSOCIATES 408 West Chestnut Street Lancaster, PA 17603 RE: HILL. et al. v. WOODY. JR. AND T.W. OWENS TRUCKING OUR FILE: 07015-00244.061 CCP (CUMBERLAND COUNTY) NO. 4198 CIVIL TERM 1995 Dear Mr. McDonald: Although emphasizing that I have no current settlement authority, I had nevertheless suggested that it may be appropriate for you to make a settlement demand in this case so that we can respectively evaluate the need for future litigation. I had also inquired as to when I might expect answers to Defendants' discovery in this~atter, but have not heard from you on either of these issues. Please let me know what your intentions are with respect to this case, as I would like to keep it moving forward. I look forward to hearing from you. Very truly yours,~ "MOYffo J~~~N TJM\rkn ALLlNTO...'!N.I'LNNsn....^NI^ fIllOI77" 1\1\' fl.); 1l1Hlt 11r. 1'1"4 I,^W 11111CI"~ M..\R'>II^,I. DINNIIII y, \XI AR NIR ('OJ FMAN 8 (.(Y,( ;IN I1l1tAI)U_11I1A.I'I:N:-I~YlVANI^ UI\I \7\.1600 IA). llI\)\7H-..", .....;)4.AN10N. M:NNSnVANIA t1111141,19W lAX 11m Hl.4'Ml 11......,- UIf:""lk.I'l1m~n\'Atjll". (11I01411.4100 lAX (61014)1.4\22 MARLTON. N~"W "'R~I y C"""llJ", ''J.\~ 'AX If,,,,) YI!.\.1914 f(tlSll.J\NIJ, Nf.'I'!lI"."~\ UOII9'114 OKlJ lAX 1101l9Y4.19M '.l'IlI-IAMSI'{)Rl. 1'I:NN!'Y1 '. ...N1.a f111111b.~~1 'AX l1I71lltd\':-; I),)YU~TOWN. n-NNsnVANIA UI\I148.lflll FAX (11\1148.\41'1 I.ANCA~'lR, f>[NNsn....AN1A (1ll1llN 1114\ fAX 11m 19'11 !lIB MEOlA. rrNNsnVANIA IMOI ~"'1 ,1171\' I^X iM1l1 P""l "110 NllIt.RI~nlN.'N.I'[NN')'llVAp.;IA l"IOINJ-4440 lAX IblOllYll\41C' I'm"t\UR(;11. rl.NNs't1.VANIA t41l11Y44t)~ ,.....X 1411111!Ih\\ ^ I'Klll'f_"'i."iI()N^I. "ll\l\)1lA1J(lN 11\11'11'1I1 'iIRIH, 4Illl1um I'tl lit 1); 110' III\R"hIItJlUi.11NNSYIV^NIA 1111'fl\lhi)! 1117) lIZ-lOll l'AI\11 A''',"[s" MAM~Il^11 'A.\ UI,"!l} IMI September' ').'/, 1996 Direct Dial 232-9323 Michael P. McDonald, Esquire MIKUS LAW ASSOCIATES 408 West Chestnut Street Lancaster, PA 17603 RE: HILL. et al. v. WOODY. JR. AND T.W. OWENS TRUCKING OUR FILE: 07015-00244.061 CCP (CUMBERLAND COUNTY) NO. 4198 CIVIL TERM 1995 Dear Mr. McDonald: When we concluded Plaintiffs' deposition in this case, I asked if you would be conveying a settlement demand. I have heard nothing from you in the ensuing months. Although emphasizing that I have no settlement authority at present, I nevertheless remain interested in receiving your demands so that we can properly evaluate this.case. Additionally, I have reminded you a number of times that Defendants' written discovery to Plaintiff remains outstanding and is now quite overdue. If I do not have responses by the end of September, I will a Motion to Compel. Please get the discovery answers to me promptly. Very truly yours, /J~a.II~!fL. TIMOTHY J, McMAHON TJM\rkn 1"~15HD'Atrn8Ji . ,":WExMISri'-?'":{ ~~~::~!>,v.., ,'_ ,"':"',:~'f./ :!2'{[.-,'''i;,';;.-4.L...._..,__;:.,-..''. .~:f-'.~!.-"C^' . ;';'\<~ " .4>_'__' CERTIFICATE OF SERVICE I, Susan M. Williams, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 13th day of December, 1996 served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Michael P. McDonald, Esquire MIKUS LAW ASSOCIATES 408 West Chestnut Street Lancaster, PA 17603 ~ SUSAN M. WILLIAMS oJ ~ [ ,~ - -.., ~ ~ j 1 ~ ';> f '" .... ,..j ().. 0- .... -.J j ~ }J:.A January 21, 1997 ~ BY: TTHEW L. OWENS, ESQUIRE MARSHALL. DENNEllEY, WARNER COLEMAN & GOGGIN 100 PINE SIRllI SUI1E 400 P,O BOX 803 HARRISUUIlG. PA 17108-0803 EDWIN TUCKER HILL and GLADYS HILL, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-4198 CIVIL ACTION - LAW v. LESTER WOODY, JR. AND T. W. OWENS , SONS TRUCKING, Defendants . . . WITHDRAWAL/ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, T.W. Owens' Sons, in the above-captioned matter. MARSHALL, DENNEHEY, WARNER, COLEMAN AND GOGGIN TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of the afore- mentioned Defendants in the above-captioned matter. MARSHALL, DENNEHEY, WARNER, COLEMAN AND GOGGIN DATE: January 20, 1997 CERTIPICAT1.0N OP SERVICE I hereby certify that I have served upon all counsel of record a true and correct copy of the withdrawal/Entry of Appearance in the above-captioned matter this date by regular mal 1. MARSHALL, DENNEHEY, WARNER COLEMAN AND GOGGIN BY: c G0- JOANNE C. RAMIREZ DATED: 11~z./q7 .,. "" , : ...: " .' -' ; t'.! C , " IJ , (['; ,-. L:' , .j ;. ~ , i.. I , !-- ~) l l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW EDWIN TUCKER HILL 654 Beinhower Road Etters, PA 17319, Plaintiff l. No. 95-4198 PRAECIPE TO SETTLE. DISCONTINUE AND END ~O THE PROTHONOTARY: , Kindly mark the above captioned matter as Settled, Discontinued and Ended. and GLADYS HILL 654 Beinhower Road Etters, PA 17319, Plaintiff vs. LESTER WOODY, JR. 3524 Four Seasons Drive Durham, Nc 27707, Defendant and T W OWENS & SONS TRUCKING Highway 17 South , Lavonia, GA 30553, Defendant !l II ii ! ~ATE: 1/ z.J -l 'Y :i Respectfully Submitted, BY: MIKUS LAW ASSOCIATES ~QA--. M chael p~CDonald, ~squire Attorney for Plaintiffs, Edwin Tucker Hill and Gladys Hill 408 West Chestnut Street Lancaster, PA 17603 (717) 299-4840 Attorney ID#43647 "h 'i.....:.L.' CERTIFICATE OF SERVICE I, Susan M. Williams, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 19th day of January, 1998 served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Michael P. McDonald, Esquire MIKUS LAW ASSOCIATES 408 West Chestnut Street Lancaster, PA 17603 ~~ (~'. lA),i,tIUlf4J SAN M. WILLIAMS '.. 1.:.1 , i .: I.': ; II , " ( , .. " , 'j' . -:' , 1::- , " . I U~ :1: , l.' .' , .... v '" , ~) ... "-