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HomeMy WebLinkAbout02-4450PAULINE B. KING, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2002- /~/~/,.~ Civil ANN LEBO and LEAHY'S : CIVIL ACTION - LAW AUTO COLLISION REPAIR, INC., : Defendants : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue Writs of Summons against the following Defendants and have the Sheriff of Cumberland County serve the Writs: Ann Lebo 1906 Maple St. New Cumberland, PA 17070 [21 Leahy's Auto Collision Repair, Inc. 1051 Columbus Ave'. Lemoyne, PA 17043 DATE: Respectfully submitted, Matthew S. Crosby, Esq. 1300 Lingelstown Rd. Harrisburg, PA 17110 Tel. No.: 717-238-2000 Supreme Court ID No. 69367 Attorneys for Plaintiff Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS PAULINE B. KING Plaintiff Vs. ANN LEBO 1906 MAPLE ST. NEW CUMBERLAND, PA 17070 AND LEAHY'S AUTO COLLISION REPAIR, INC. 10S1 COLUMBUS AVE. LEMOYNE, PA 17043 Court of Common Pleas No. 02-4450 CIVIL TERM In CivilAction-Law Defendant To ANN LEBO AND AUTO COLLISION REPAIR, INC., You are hereby notified that PAULINE B. KING, the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SE^L) CURTIS R. LONG Prothonotary Date SEPTEMBER 17, 2002 By ~zz--~.~, _ f ~0'/~-0~ Deputy -- Attorney: Name: MATTHEW S. CROSBY, ESQUIRE Address: 1300 LINGELSTOWN ROAD HARRISBURG, PA 17110 Attorney for: Plaintiff Telephone: 717-238-2000 Supreme Court ID No. 69367 SHERIFF'S RETURN - REGULAR CASE NO: 2002-04450 P COMMOkrWEALTH OF PENNSYLVANIA: COUNTY OF CI/MBERLAND KING PAULINE B VS LEBO DJqN ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon LEBO ANN the DEFENDANT at 1839:00 HOURS, at 1906 MAPLE ST NEW CUMBERIJkND, PA 17070 on the 19th day of September, 2002 by handing to TODD LEBO, SON a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00 39.04 Sworn and Subscribed to before me this 'f~ day of ~,~ ,. ~ ~ ~ .~_~ A.D. 'P~othonot ary So Answers: R. Thomas Kline 09/24/2002 HANDLER HENNING ROSENBERG By: ' ~  Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2002-04450 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KING PAULINE B VS LEBO ANN ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon LEAHY'S AUTO COLLISION REPAIR INC the DEFENDANT at 1615:00 HOURS, at 1051 COLUMBUS AVE LEMOYNE, PA 17043 RON ROMBERGER, MANAGER on the 20th day of September, 2002 by handing to true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00 27.04 Sworn and Subscribed to before me this g~ day of {P t~_~ ~u~b A.D. / ~rothonotary ' So Answers: R. Thomas Kline 09/24/2002 HANDLER HENNING ROSENBERG By: ~ /~/~ ~2~ ueputy Sheriff 02HB-00177 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Ann Lebo PAULINE B. KING, (PLAINTIFF) VS. ANN LEBO AND LEAHY'S AUTO COLLISION REPAIR, INC., (OEFENDA~TS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-4450 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendant, Ann Lebo. Date: November 1, 2002 Respectfully submitted, LAW OFFICES OF JACOBS & SABA By: / JoAnne E. Ki~ el, ~squire Attorney for Defendant Ann Lebo Court I.D. 55453 02HB-00177 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Ann Lebo PAULINE B. K~NG, (PLAINTIFF) VS. ANN LEBO AND LEAHY'S AUTO COLLISION REPAIR~ INC., (DEFE ANTS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-4450 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED CERI'IFICATE OF SERVICE JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for Defendant Ann Lebo herein, and that she caused a true and correct copy of Entry of Appearance to be served by regular first class mail upon: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 (Attorney for Plaintiff) Leahy's Auto Collision Repair, Inc. 1051 Columbus Avenue Lemoyne, PA 17043 (Defendant) Dated: November 1, 2002 Attorney for Defendant Ann Lebo U.'~HS-UU ! / / LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Ann Lebo PAULINE B. KING, (PLAINTIFF) VS. ANN LEBO AND LEAHY'S AUTO COLLISION REPAIR, INC., (DEFENDANTS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~ PENNSYLVANIA No. 02-4450 CIVIL CIVIL ACTION = LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a RULE upon Plaintiff to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. Date: November 1, 2002 A__ RULE TO FILE COMPLAINT AND NOW, this /o4]X~tay of c/q)_t2~5 f~qJav~ __ _, 2002 a RULE is hereby entered upon the Plaintiff to file a Complaint herein within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. PROTHONOTARY ~3_ 02HB-00177 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Ann Lebo PAULINE B. KING, (PLAINTIFF) VS. ANN LEBO AND LEAHY'S AUTO COLLISION REPAIR, INC., (DErENOANTS) IN THE COURT Or COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-4450 CIVIL CIVIL ACTION - LAW JURY TreAt, DEMANDED CERTIFICATE OF SERVICE JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for Defendant Ann Lebo herein, and that she caused a true and correct copy of Praecipe - Rule to File Complaint to be served by regular first class mail upon: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 (Attorney for Plaintiff) Leahy's Auto Collision Repair, Inc. 1051 Columbus Avenue Lemoyne,. PA 17043 (Defendant) Dated: November 1, 2002 oAt~er"~. ~fl~, Esquire Attorney ~ Defendant Ann Lebo 02HB-00177 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Ann Lebo PAULINE B. KING, (PLAINTIFF) VS. ANN LEBO AND LEAHY'S AUTO COLLISION REPAIR, INC., (DEFENDANTS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-4450 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matller on behalf of the Defendant, Leahy's Auto Collision Repair, Inc. Date: November 18, 2002 Respectfully submitted, LAW OFFICES OF JACOBS & SABA JoA.ne Attorney for Defendants Court I.D. 55453 02HB-00177 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Ann Lebo PAULINE B. KING, (PLAINTIFF) VS. ANN LEBO AND LEAHY'S AUTO COLLISION REPAIR, INC., (OEFENOANTS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-4450 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Defendants herein, and that she caused a tree and correct copy of Entry of Appearance to be served by regular first class mail upon: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 (Attorney for Plaintiff) Dated: November 18, 2002 ~ey for Defendants PAULINE KING, Plaintiff V. ANN LEBO and LEAHY'S AUTO COLLISION REPAIR, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02~a'r'~~ Civil CIVIL ACTION - LAW jURY TRIAL DEMANDED CERTIFICATE OF SERVICE, AND NOw, this (-0~ day of December, 2002, I hereby certify that I have, on this date, served the within Plaintiff's Answers to Interrog!atories and Request for Production of Documents of Defendant Ann Lebo by sendinfl a true and correct copy of the same to the attorney of record via first class United States mail, postage prepaid and addressed as follows: Ann Lebo c/o JeAnne E. Kinzel, Esquire LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Respectfully submitted, By:.__ Matthew S. Crosby, Esquire ID # 69367 1300 Lin~!lestown Rd. Harrisbur~ PA 17110 (717) 238-2000 Attorney for Plaintiff 02HB-00177 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Ann Lebo PAULINE B. KING, (PLAINTIFF) VS. ANN LEBO AND LEAHY'S AUTO COLLISION REPAIR, INC., (DE NDANTS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-4450 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE 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 Answer with New Matter of Defendants Ann Lebo and Leahy's Auto Collision Repair, Inc. to PlaintiWs Complaint 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 Answer with New Matter of Defendants Ann Lebo and Leah¥'s Auto Collision Repair, Inc. to PlaintiWs Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights 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. CUMBERLAND COUNTY Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 02HB-00177 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Ann Lebo PAULINE B. KING, (PLAINTIFF) VS. ANN LEBO AND LEAHY'S AUTO COLLISION REPAIR, INC., (DEFENDANTS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~ PENNSYLVANIA No. 02-4450 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANTS ANN LEBO AND LEAHY~S AUTO COLLISION REP3JR~ INC. TO PLAINTIFF'S COMPLAINT AND NOW, come the Defendants, Ann Lebo and LeaJhy's Auto Collision Repair, Inc., by their attorney, JoAnne E. Kinzel, Esquire, and sets forth the following Answer with New Matter to the Plaintiff's Complaint: 1. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 1 of the Complaint. Therefore, they are denied and strict proof is demanded. 2-5. Paragraphs 2 through 5 of the Complaint are adraitted. 6-7. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraphs 6 and 7 of the Complaint. Therefore, they are denied and strict proof is demanded. 8. Paragraph 8 of the Complaint is admitted. 9. Paragraph 9 of the Complaint is admitted to the extent that Plaintiff was traveling westbound on Lowther Street in Lemoyne at the time and on the date set forth in Plaintiff's Complaint. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the remaining allegations in paragraph 9. Therefore, they are denied and strict proof is demanded. 10. Paragraph 10 of the Complaint is admitted. 11. The allegations in paragraph 11 of the Complaint are specifically and generally denied. On the contrary, Defendant made a full and complete stop at the stop sign before attempting to cross Lowther Street. 12. To the extent the allegations in paragraph 12 of the Complaint are intended to allege and/or imply that the Defendants were negligent, said allegations are conclusions of law to which no response is required. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the remaining allegations in paragraph 12. Therefore, they are denied and strict proof is demanded. Count I - Negligence Pauline B. King v. Ann Lebo 13. In response to paragraph 13 of the Complaint, Defendants incorporate herein by reference paragraphs 1 through 12 above as though set forth at length. 14. The allegations in paragraph 14 of the Complaint, including subparagraphs (a) through (k), are denied generally pursuant to Pa. R.C.P. 1029(e). By way of further answer, Defendants incorporate herein by reference paragraph 11 above as though set forth at length. 15-19. To the extent that the allegations in paragraphs 1:5 through 19 of the Complaint are intended to allege and/or imply that the Defendants were negligent, said allegations are conclusions of law to which no response is required. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the remaining allegations in paragraphs 15 through 19. Therefore, they are denied and strict proof is demanded. 20. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 20 of the Complaint. Therefore, they are denied and strict proof is demanded. WHEREFORE, Plaintiff's Complaint should be dismissed with costs in these Defendants' behalf sustained. Count II - Negligent Entrustment Pauline B. King v. Leahy's Auto Collision Repair, Inc.... 21. In response to paragraph 21 of the Complaint, Defi~ndants incorporate herein by reference paragraphs 1 through 20 above as though set forth at length. 22. The allegations in paragraph 22 of the Complaint, including subparagraphs (a) through (h), are denied generally pursuant to Pa. R.C.P. 1029(e). By way of further and more complete response, Defendants assert that Leahy's Auto Collision Repair, Inc. had no duty to research Ms. Lebo's driving record, nor did they have a duty to confirm that she had a valid and current driver's license. However, Defendant Lebo did possess a valid and current driver's license, a fact which is reflected in the police accident report and which was clearly known to the Plaintiff. 23-27. To the extent that the allegations in paragraphs 23 through 27 of the Complaint are intended to allege or imply that Leahy's Auto Collision Rep~fir, Inc. was negligent, said allegations are conclusions of law to which no response is required. By way of further answer, Defendant Leahy Auto Collision Repair, Inc. specifically denies that it was negligent in any manner or played any role in causing or contributing to the injmies and damages allegedly suffered by the Plaintiff. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the troth of the rem~fining allegations in paragraphs 23 through 27. Therefore, they are denied and strict proof is demanded. 28. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 28 of the Complaint. Therefore, they are denied and strict proof is demanded. WHEREFORE, Plaintiff's Complaint should be dismissed with costs in these Defendants' behalf sustained. 4 NEW MATTER 29. Plaintiff's Complaint fails to state a cause of action against Defendant Leahy's Auto Collision Repair, Inc. upon which relief can be granted. WHEREFORE, PlaintiWs Complaint should be dismissed with costs in these Defendants' behalf sustained. Date: Januaw 13, 2003 Respectfully submitted, LAW OFFICES OF JACOBS & SABA JoAnne E.]Kinzel, Esquire 214 Senage Avenue, Suite 503 Camp Hill, PA 17011 Telephone No. (717) 731-0988 Identification No. 55453 (Attorney for Defendants) 02HB-00177 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Ann Lebo PAULINE B. KING, (PLAINTIFF) VS. ANN LEBO AND LEAHY'S AUTO COLLISION REPAIR, INC., (OEVENDANTS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-4450 CIVIL CIVIL ACTION - LAW JURY TmAL ]DEMANDED VERIFICATION I, Ann Lebo, verify that the statements made in the foregoing Answer with New Matter of Defendants Ann Lebo and Leahy's Auto Collision Repair, Inc. to Plaintiff's Complaint re true and correct to the best of our knowledge, information and belief. I understand that false statements herein are made subject to the penalties of Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: (Defendant) 02HB-00177 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Ann Lebo PAULINE B. KING, (PLAINTIFF) VS. ANN LEBO AND LEAHY'S AUTO COLLISION REPAIR, INC., (,ErENVA~TS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~ PENNSYLVANIA No. 02-4450 CIVIL CIVIL ACTION - LAW JURY TRIAL iDEMANDED CERTIFICATE OF SERVICE JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Defendants herein, and that she caused a true and correct copy of Answer with New Matter of Defendants Ann Lebo and Leahy's Auto Collision Repair, Inc. to Plaintiff's Complaint to be served by regular first class mail upon: Dated: January 13, 2003 Matthew S. Crosby, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 (Attorney for Plaintiff) 02HB-00177 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Ann Lebo PAULINE B. KING, (PLAINTIff) VS. ANN LEBO AND LEAHY'S AUTO COLLISION REPAIR, INC., (DEFENDANTS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4450 CIVIL CIVIL ACT[ON - LAW JURY TRIAiL DEMANDED MOTION TO COMPEL MORE SPECIFIC RESPONSES TO DEFENDANTS' REQUEST FOR PRODUCTION OF DOCUMENTS 1. On October 31, 2002, Defendants sent a set of Interrogatories and a Request for Production of Documents to Plaintiff. 2. On December 7, 2002, Defendants received PlaintifFs answers to Interrogatories and her partial response to Defendants' Request for Production of iDocuments. 3. In response to Request No. 12, Plaintiff failed to provide the records of Dr. Little for the five-year period preceding the accident in question. 4. In response to Request No. 14, Plaintiff failed to provide the pre-accident records from PRISM. 5. In response to Request No. 15, Plaintiff failed to provide the records of other providers with whom she has treated for arthritis for the ten-year period preceding the accident. 6. In response to Request No. 16, Plaintiff failed to request and provide her first party benefits records with Erie Insurance Company. 7. Without the requested records, all of which pertain to injuries allegedly sustained in the motor vehicle accident or similar conditions which pre-existed the accident, Defendants cannot adequately prepare to defend this case. WHEREFORE, Defendants respectfully request this Honorable Court to issue an Order requiring Plaintiff to provide full and complete responses to Defendants' Request for Production of Documents as set forth above. Date: January 22, 2003 Respectfully submitted, LAW OFFICES OF JACOBS & SABA By:. '\ ¢~, .~ JoAnne E[ ~Inzel, E~quire 214 Senate avenue,, Suite 503 Camp Hill, PA 17011 Telephone No. (717) 731-0988 Identification No. 55453 (Attorney for Defendants) 2 02HBo00177 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Ann Lebo PAULINE B. KING, (PLAINTIFF) VS. ANN LEBO AND LEAHY'S AUTO COLLISION REPAIR, INC., (DEFENDANTS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-4450 CIVIL CIVIL ACTION - LAW JURY TmAL DEMANDED CERTIFICATE OF SERVICE JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Defendants herein, and that she caused a true and correct copy of Motion to Compel More Specific ~ndants' ~duction of Documents to be served by regular first class mail upon: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg P.O. Box 60337 Harrisburg, PA 17110 (Attorney for Plaintiff) Dated: January 22, 2003 Jo e~L K: ' i~n~ ~r' mzel, Esquire Att4rne) for Defendants PAULINE B. KING, Plaintiff ANN LEBO and LEAHY'S : AUTO COLLISION REPAIR, INC.,: Defendants : : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4450 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER AND NOW, comes the Plaintiff, Pauline B. King, by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Matthew S. Crosby, Esq. and replies to Defendants' New Matter as follows: 29. Denied. The allegations in Paragraph 29 contain a conclusion of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. _]_ WHEREFORE, Plaintiff respectfully requests that this Honorable Court deny Defendants' allegations and enter judgment in favor of the Plaintiff. DATE: Respectfully submitted, By ~ ~// Matthew S/~-osby, Esq. Attorney I.l~. #69367 1300 Linglestown Rd. Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff -2- CERTIFICATE OF SERVICF I hereby certify that a true and correct copy of the foregoing document was served on the Defendants, ANN LEBO and LEAHY'S AUTO COLLISION REPAIR, INC., by sending a copy of the same to their counsel of record, Joann Kinzel, Esq., LAW OFFICES OF JACOBS & SABA, 214 Senate Ave., Ste. 503, Camp Hill, PA 17011 by United States Certified Mail, Return Receipt Requested, on January iL, 2003. HA LN~.E R,,~ E NNING~J~ERG, LLP Matthew S. Crosby, Esq. Attorney I.D. #69367 1300 Linglestown Rd. Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff PAULINE B. iKING, · IN THE COURT OF COMMON PLEAS !Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 2002-4450 Civil . ANN LEBO ~,nd LEAHY'S · CIVIL ACTION - LAW AUTO COLMSION REPAIR, INC.,: Defendants · JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANTS' MOTION TO COMPEL MORE SPECIFIC RESPONSES TO D =FENDANTS' REQUEST FOR PRODUCTION OF DOCUMENTS AND NOW, comes the Plaintiff, Pauline B. King, by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Matthew S. Crosby, Esq. and replies to Defendant~' Motion to Compel More Specific Responses to Defendants' Request for Productior~ of Documents as follows: 1. IDenied. Defendants' Interrogatories and Request for Production of Documents Were sent to Plaintiff on November 5, 2002. Attached hereto, made a part hereof, and rr confirming the 2. arked, "Exhibit A," are copies of Defendants' Certificate of Service, ~t these initial Discovery requests were sent on November 5, 2002. ~,dmitted. 3. Admitted. By way of further answer, Plaintiff is not in possession of the requested re'cords and indicated so in her response to Defendants' Request No. 12. Attached hereto, made a part hereof, and marked, "Exhibit B," is a copy of Defendants' Request for ~roduction of Documents and the Plaintiff's corresponding responses. 4. i Admitted Again, Plaintiff is not in possession of any pre-accident records from! PRISM. o i Admitted. Plaintiff is not in possession of any medical records that may exist for treatment of arthritic symptoms for the 10-year period preceding the accident. 6. Admitted. Plaintiff is not in possession of her first-party benefits file from Erie InsuranCe Co. Any documents that the Plaintiff possesses that are part of Erie Insurance C0.'s first-party file have been forwarded with Discovery. 7. Denied. Plaintiff has responded completely and fully to the Defendants' Discovery re~luests. Plaintiff is not under an obligation to affirmatively obtain records and provide the same to the Defendants, particularly where those records are defense counsel, should she wish to obtain those. Defendants' counsel available to certainly has [subpoena power in this case and can subpoena any records she deems relative to the case. By further answer, Plaintiff provided defense counsel with the list of physicians!with whom she treated in the 10-year period pre-dating the collision. -2- deny Defen~ Answer. WHEREFORE, Plaintiff respectfully requests that this Honorable Court Jants' Motion and award counsel fees and expenses for the filing of this DATE: Respectfully submitted, Matthew S. Crosby, Esq. Attorney I.D. #69367 1300 Linglestown Rd. Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff -3- CERTIFICATE OF SERVICF I hereby certify that a true and correct copy of the foregoing document was served on the Defenda~nts, ANN LEBO and LEAHY'S AUTO COLLISION REPAIR, INC., by sending a cq~py of the same to their counsel of record, Joann Kinzel, Esq., LAW OFFICES oF JACOBS & SABA, 214 Senate Ave., Ste. 503, Camp Hill, PA 17011 by United State,s Certified Mail, Return Receipt Requested, on JanuaryT_._.~.7,2003. BERG, LLP Matthew S. Crosby, Esq. Attorney I.D. #69367 1300 Linglestown Rd. Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff 02HB-00177 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Ann Lebo PAULINE B. KING, (PLAINTIFF) VS. ANN LEBO AND LEAHY'S AUTO COLLISION REPAIR, INC., (DEFENDANTS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~ PENNSYLVANIA No. 02-4450 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW MOTION TO COMPEL MORE SPECIFIC RESPONSES TO DEFENDANTS' REQUEST FOR PRODUCTION OF DOCUMENTS TO THE PROTHONOTARY: Kindly withdraw the Motion to Compel More Specific Responses to Defendants' Request for Production of Documents filed on or about January 23, 2003 on behalf of the Defendants in the above-captioned matter. Counsel for Plaintiff has authorized me to obtain the documents via subpoena without the 20 day waiting period for objections. Date: January 30, 2003 By: Respectfully submitted, LAW OFFICES OF JACOBS & SABA J;l~ 7:~i~lnat e,_~ v enu'e~503 Camp Hill, PA 17011 Telephone No. (717) 731-0988 Identification No. 55453 (Attorney for Defendants) 02HB-00177 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Ann Lebo PAULINE B. KING, (PLAINTIFF) VS. ANN LEBO AND LEAHY'S AUTO COLLISION REPAIR, INC., (D NOA TS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-4450 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Defendants herein, and that she caused a true and correct copy of Praecipe to Withdraw Motion to Compel More Specific Responses to Defendants' Request for Production of Documents to be served by regular first class mail upon: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg P.O. Box 60337 Harrisburg, PA 17110 (Attorney for Plaintiff) Dated: January 30, 2003 02HB-00177 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Ann Lebo PAULINE B. KING, (PLAINTIFF) VS. ANN LEBO AND LEAHY'S AUTO COLLISION REPAIR, INC., ("EFENOANTS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4450 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this _ _~ ~-~ Day of_ '~ ~ L2 ~2 J2 2003, upon consideration of Motion to Compel More Specific Responses to Defendants' Request for Production of Documents, a RULE is hereby issued upon the Plaintiff to show cause why the Motion to Compel More Specific Responses to Defendants' Request for Production of Documents should not be granted. RULE RETURNABLE within days after service. Date: BY THE COURT: , -/? /// Jo 02HB-00177 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Ann Lebo PAULINE B. KING, (PLAINTIFF) VS. ANN LEBO AND LEAHY'S AUTO COLLISION REPAIR, INC., (OEVENOANTS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4450 CIVIL CIVIL ACTION - LAW JURY TIHAL DEMANDED ORDER AND NOW, this Day of 2003, upon consideration of the Motion to Compel More Specific Responses tO Defendants' iRequest for Production of Documents, said Motion is hereby GRANTED. The Plaintiff is hereby ORDERED to provide more specific responses to Defendants' Request for Production of Documents within thirty (30) days of service of this Order, or suffer sanctions pursuant to Pa. R.C.P. Rule 4019. BY THE COURT: Date: 02HB-00177 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Ann Lebo PAULINE B. KING, (PLAINTIFF) VS. ANN LEBO AND LEAHY'S AUTO COLLISION REPAIR, INC., (DEFENDANTS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-4450 CIVIL CIVIL ACTION - LAW JURY TmAL DEMANDED MOTION TO COMPEL MORE SPECIFIC RESPONSES TO DEFENDANTS' REQUEST FOR PRODUCTION OF DOCUMENTS 1. On October 31, 2002, Defendants sent a set of Interrogatories and a Request for Production of Documents to Plaintiff. 2. On December 7, 2002, Defendants received Plaintiff's answers to Interrogatories and her partial response to Defendants' Request for Production of Documents. 3. In response to Request No. 12, Plaintiff failed to provide the records of Dr. Little for the five-year period preceding the accident in question. 4. In response to Request No. 14, Plaintiff failed to provide the pre-accident records from PRISM. 5. In response to Request No. 15, Plaintiff failed to provide the records of other providers with whom she has treated for arthritis for the ten-year period preceding the accident. 6. In response to Request No. 16, Plaintiff failed to request and provide her first party benefits records with Erie Insurance Company. 7. Without the requested records, all of which pertain to injuries allegedly sustained in the motor vehicle accident or similar conditions which pre-existed the accident, Defendants cannot adequately prepare to defend this case. WHEREFORE, Defendants respectfully request this Honorable Court to issue an Order requiring Plaintiff to provide full and complete responses to Defendants' Request for Production of Documents as set forth above. Respectfully submitted, LAW OFFICES OF JACOBS & SABA Date: January 22, 2003 JoAnne El' ~i'nzel, Es~quire 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone No. (717) 731-0988 Identification No. 55453 (Attorney for Defendants) 02HB-00177 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Ann Lebo PAULINE B. KING, (PLAINTIFF) VS. ANN LEBO AND LEAHY'S AUTO COLLISION REPAIR, INC., (OErENOANTS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-4450 CIVIL CIVIL ACTION - LAW JURY TmAL DEMANDED CERTIFICATE OF SERVICE JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Defendants herein, and that she caused a true and correct copy of Motion to Compel More Specific Res onses to Defendants' Re uest for Production of Documents to be served by regular first class mail upon: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg P.O. Box 60337 Harrisburg, PA 17110 (Attorney for Plaintiff) Dated: January 22, 2003 Jo/~-l~e~. Kinzel, Esquire AttOrney for Defendants PAULINE B. KING, · Plaintiff · Vo · ANN LEBO and : LEAHY'S AUTO : COLLISION REPAIR, : INC., : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-4450 CIVIL TERM ORDER OF COURT AND NOW, this l0th day of February, 2003, upon consideration of the attached letter from Matthew S. Crosby, Esq., attorney for Plaintiff, the Rule issued on January 31, 2003, is hereby discharged. Matthew S. Crosby, Esq. 1300 Linglestown Road Harrisburg, PA 17110 Attorney for Plaintiff JoAnn E. Kinzel, Esq. 2 ! 4 Senate Drive Camp Hill, PA 1701 ! Attorney for Defendants BY THE COURT, .~e~ley O1~ ~ j. :rc 02HB-00177 HANDLER, HENNING & ROSENBERG, LLP. Matthew S. Crosby, Esquire 1300 Linglestown Road Harrisburg, PA 17110 Telephone Number: (717) 238-2000 Attorneys for Plaintiff Pauline B. King PAULINE B. K~NG, (PLAINTn V) VS. ANN LEBO AND LEAHY'S AUTO COLLISION REPAIR, INC., (OErENDA TS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-4450 CIVIL CIVIL ACTION - LAW JURY TRIAl, DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned case settled, disconti~med and ended. Date: HAStiER, HENNING & ROSENBERG Matthew S. Crosby, Esquire 1300 Linglestown Road Harrisburg, PA 17110 (Attorney for Plaintiff) Identification No. 69367