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Home My WebLink About96-01643 .. ~ " " .',- \ \ ) ,/ ! , , i ! I I I I I GEORGE S. HENRY, . . Plaintiff . . . . v. . . I JOHN NICHOLAS CALLEN and . . RITA CALLEN, I . . Defendants . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. JURY TRIAL DEMANDED ,OTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas d~mandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo al partir de la fecha de la de.anda Y la notificacion. usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas Y puede entrar una orden contra usted sin previo aviso 0 notiticacion y por cualquier queja 0 alivio que es pedido en la pet.icion de demanda. usted puede perder dinero 0 sus propiedades 0 otroS derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO 1MMED1ATEMENTE. SI NO TUNE ABOGADO 0 51 NO TUNE EL DINERO SUF1C1ENTE DE PAGAR TAL SERV1C10, VAYA EN PERSONA 0 LLAME POR TELEPFONO A LA OF1CINA CUYA D1RECCION BE ENCtJENTRA ESCR1TA ;.BAJO PARA AVER1GUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. court Administrator cumberland county courthouse - 4th Floor One courthouse square carlisle, PA 17013-3387 (717) 240-6200 Plaintit! : IN THE COURT or COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GEORGE S. HENRY, v. NO. 'h /1,/ 3 (!L,:.J 7i., ..... JOHN NICHOLAS CALLEN and RITA CALLEN, Detendant. JURY TRIAL DEMANDED COIIPLAIlf'l' 1. Plaintiff Georqe S. Henry is an adult individual and citizen ot the CODllllonwealth at Pennsylvania, who previously redded at 2029 Derry street, Harriaburq, Dauphin County, Pennsylvania, and " now re.ide. at 425 Wymore street, Apartment 100, Altamonte Spring., Florida. 2. Defendant John Nicholas Callen is an adult individual and citizen ot the CODllllonwealth at Pennsylvania, who reside. at 75 Southmont Drive, Enola, cumberland county, Pennsylvania. 3. Defendant Rita Callen is an adult individual and citizen ot the CODllllonwealth ot Pennsylvania, who resides at 75 Southmont Drive, Enola, CUmberland County, Pennsylvania. 4. The tact. and occurrences hereinatter related took place on or about April 21, 1995, at approximately 7:16 p.m., on Bridqe street, New cumberland, Cumberland County, Pennsylvania. 5. At that time and place, Plaintitt George S. Henry was operatinq his mother's 1993 CheVTolet Caprice, travelling north, 87817/CUf and was attempting to park the vehicle on Bridge street, New CUmberland, CUmberland County, Pennsylvania. 6. At that time and place, Detendant John Nicholas Callen wae operating a 1993 Ford Escort owned by Detendant Rita Callen and was travelling south on Bridge Street, New Cumberland, CUmberland County, Pennsylvania. 7. At that time and place, Detendant John Nicholas Callen operated the vehicle at a high rate ot speed while under the influence at alcohol, crossed over the center line into the northbound lane ot Bridge street, striking the Henry vehicle. 8. At that time and place, the tront portion of the Callen vehicle violently collided with the tront portion at the Henry vehiole. The Callen vehicle continued across the roadway, travelled over the sidewalk and came to rest on the front yard of the 1219 Bridge street residence. 9. At the time ot the atorementioned accident, Defendant John Nicholas Callen was operating the vehicle under the influence of alcohol or was otherwise impaired. COtnl'l' I Georae S. Henrv v. John Nicholas Callen 10. Paragraphs 1 through 9 at Plaintift's Complaint are incorporated herein by reterence. 2 11. The toregoing accident and all ot the injuries and dlllllage. .et torth hereinatter sustained by Plaintitt Georg. s. Henry are the direct and proximate result of the negligent, oareless, wanton, and r.okless manner in which Detendant John Nichola. Callen operated the 1993 Ford Escort as tollowSI (a) tailure to keep alert and maintain a proper watoh tor the presence ot other motor vehicles on the highway; (b) failure to apply his brakes in sutticient time to avoid striking the Henry vehicle; (0) failure to travel at a sate speed; (d) failure to keep a proper watch tor trattio on the highway; (e) tailure to take reasonable evasive action to avoid the aooident; (t) tailure to drive his vehicle with due regard tor the highway and trattic conditions which were existing and at which he was or should have been aware; (g) tailure to keep proper and adequate control over his vehicle; (h) tailure to stay within his travel lane; (i) driving his vehicls while intoxicated or otherwise impaired; and (j) driving his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and satety ot others and in violation of the Motor Vehiole Code ot the Commonwealth of Pennaylvania. 3 COUJl'f II a.ora. S. HAnrv v. Rita Callen 13. Paragraphs 1 through 11 ot Plaintitt's Complaint are incorporated herein by reterence. 13. The toregoing accident and all ot the injurie. and damages set torth hereinatter sustained by Plaintitt George s. Henry are the direct and proximate result ot the negligence ot Detendant Rita Callen tor entrusting the 1993 Ford Escort to Detendant John Nicholas Callen: (c) (d) (e) (t) (a) permitting Detendant John NiCholas Callen to operate the 1993 Pard Escort although ehe knew or should have known that he did not have any training, experience and jud9lllent to adequately control and operate the vehiole; permitting Detendant John Nicholas Callen to drive the vehiole, although she knew or should have known that he was careless or reckless in the operation ot 1I0tor Vehicle.; tailing to properly supervise Detendant John Nichola. Callen'. operation and use at the vehicle; permitting Detendant John Nicholas Callen to operate the vehicle although she knew or should have known he was not qualitiad to do so; permitting Detendant John Nicholas Callen to operate the vehicle while under the intluence ot alcohol or otherwise impaired; and, permitting Detendant John Nicholas Callen to operate the vehicle in violation ot the Motor Vehicle Code ot the Commonwealth ot Pennsylvania. (b) 4 CUlM I G_orae s. Henrv v. 30hn Nicholas callen and Rita callen 1<6. paragraphS ], through 13 ot Plaintift' a complaint are incorporated herein by reference. ],5. Plaintiff George S. Henry sustained painful and severe injuri.' vbich ino1.... bUt .r. not 1i.it" to. con.t.nt nock .nd .... pain. ,....,.i. .nd .pr.in,.tr.in of tno 1uab.r .pin. accompanied by muacle spasms, and hip pain. ],6. AS a result of the injuries sustained, Plaintitt Geolge So ..... ... foro" to incur ".bility for ....c.1 "'.....nt. medication., hospitalizations, and similar miscellaneous expen.e. in an .ffort to re.tor. bi...lf to no' itb , and ol.i. i. .... therefor. 17. secause of the nature of his injuries, Plaintiff George S. HenrY has })Sen advised and, therefore, avers that he 'ilIay })S for'" to ..... .lai1at ........ in th. futur.. .nd c1.i. i. .... therefor. 18. AS a rssult of the aforementioned collision and re.ultln9 injurie., Plaintiff George S. Henry has undergone and in the future .ill .......0 ....t pby.ic.' .nd ..nta1 .uU.ring 0 ..... inconvenience in carrying out his daily activities, loSS of life'. pleaeures and enjoyment, and claim is made therefOr. 5 19. As a result ot the atorementioned collision and resulting injuries, Plaintitt George S. Henry has been and in the future will be subject to great humiliation and embarrassment, and claim is made theretor. 20. As a result ot the atorementioned collision and resulting injuries, Plaintitt George S. Henry has sustained loss at opportunity and a permanent diminution ot his earning power and capacity, and claim is made theretor. 21. Plaintitt George S. Henry continues to be plagued by pardstent pain and limitation and, theretore, avers that his injuries may be ot a permanent nature, caus~ng residual problems for the remainder at his lifetime, and claim is made therefor. CLAIX II GeorGe S. Henrv v. John Nicholas Cal1~n and Rita Callen 22. Paragraphs 1 through 21 of Plaintiff's Complaint are 'incorporated herein by reterence. 23. At the time ot the aforementioned accident, Defendant John Nicholas Callen was under the influence ot alcohol, with a SAC level at O.lst. 24. Detendant John Nicholas Callen's conduct ot operating a vehicle while under the intluence of alcohol constitutes outrageous conduct and a reckless indifterence to the rights ot other persons 6 VBJlIrICATIOIr I, GEORGE S. HENRY, Plaintitf have read the foreqoinq PL&I.,lrr'8 COKPLAI., and do ewear or attirm that the tact. .et forth in the toreqoing are true and correct tQ the beet ot IIY knowledqe, intormation and beliet. I underetand that thi. Verification ia lIIade subject to the penalties at 18 Pa.C.S.A., Section 4904, relatinq to unsworn talsitication to aUthoritie.. w 87949/HLH ;(~';-r " " " ,,) \ '.~ .~,,)\l~ \ ......\ ~'t- ~ '-J ',J I'- \- <::.. ,"\-<'\ ....... , l:- .__, '-..:..) ~ (',.(. .-') - ..... '-:,J~r,\-"'" \r1J ''-..J < - "'~ < ~ <> - .......J '" VI c4t;;5! ...J >- .... ~ Q. VI .... 'C c: A:lI!;:: z .~ c: ra 2Z ~ ra 'C .... ~ 0.... " c: ~ iii" . ~ ~ "::w 2 ClI z ~Z~i Cl) 0 ra .... .... - " .... ~ ...J ClI < ~~..:~ r '" u >- cC 0 Q. ci! 0 ...J ~ ~...J Z a. .....2 cC >- U ~ ~..~g N 0::> I :E '" ;:; 0 .... 2 VI U SOCS ~ ~U2 0 .... cC !:: '" 0 :r: ...J ~Z!!l ::>0- ...J 0 OZ~ < . :r: ~~~ UcCU - VI U ...JcC '" - . ....'" ~ .... :z Z X.......J t:l .... t-CO...... >- '" > 2...J :E:> .0:: 0 X...J Z::J_O:::J .... 0< .....UUZr"';) t:l r"JU .. GIORGI S. HENRY, I IN THE COURT OF COMMON PLEAS I CUMBERLANO COUNTY, PENNSYLVANIA PlainUtf I I CIVIL ACTION - LAW v. I NO. 9G 1(, ~ j (}itLL( J(..{/~V'-- I JOHN NICHOLAS CALLEN anet I RITA CALLEN, I I Oetenetants . JURY TRIAL DEMANDED . ROTICB TO DE~ZND You have been .ueet in court. It you wish to defend against the claim. .et forth in the following pages, you must take action within twenty (20) etay. atter this Complaint and Notice are .erveet, by entering a written appearance personally or by attorney anet tiling in writing with the Court your defenses or objections to the claim. set forth against you. You are warned that if you fail to eta so the ca.. may proceed without you and jUdgment may be entered again.t you by the Court without further notice for any money claimeet in the Complaint or tor any other claim or relief requesteet by the Plaintift. You may lose money or property or other rights important to you. YOU SHOULD TAXI THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICI SET PORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator cumberland County Courthouse - 4th Floor One Courthouse Square CarliSle, PA 1701J-J387 (717) 240-62:>0 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my haIId and seal of sa at Carlisle, Pa1~ Thl ' , lIa l( 19 L .~ GEORG! S. HENRY, I I Plaintitt I I v. I I JOHN lfICHOLAS CALLEN and I RITA CALLEN, I I Detendants I IN TH! COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. JURY TRIAL DEMANDED HOTICIA La han demandado a usted en la corte. Si usted quiere detenderse de e.tas demandas expuestas en las paqinas suqnuientes, uatact tiene viente (20) dias de plazo al partir da la techa de la d..anda y la notiticaeion. Ustect de be pre.entar una aparieneia eserita 0 en persona 0 por aboqado y archivar en la corte en torma eserita sus detensas 0 sus 9bjeeionea alas demandas en contra cte su persona. Sea avisaeto que ai usted no se detienete, la corte tomara medietas y puede entrar una orden contra usted sin pravio aviso 0 notiticacion y par cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importante. para uated. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEPFONO A LA OFICINA CUYA DIRECCION SB ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE 5E PUEDE CONSEQUIR ASISTENCIA LEGAL. Court Administrator cumberland County Courthouse - 4th Floor One Courthouse Squaro Carlisle, PA 17013-3387 (717) 240-6200 GIORGI S. HENRY, : IN THB COURT or COMMON PLEAS : ctJMBlRLAHD COUNTY, PENNSYLVANIA Plaintiff : : CIVIL ACTION - LAW v. : . NO. . JOHN NICHOLAS CALLEN and : RITA CU,T.RIf, : : Defendant. : JURY TRIAL DEMANDED eOIlPLAIR., 1. Plaintiff Genrqe S. Henry is an adult individual and oitizen at the Commonwealth at Pennsylvania, who previoualy reaided at 2029 Derry Street, Harriaburq, Dauphin County, penn.ylvania, and now reside. at 425 WylIlore street, Apartment 100, Altuonte sprinqa, rlodda. 2. Detendant John Nichola. Callen ia an adult individual and citizen ot the COlllllonwealth ot Pennsylvania, who reside. at 75 Southmont Drive, Enola, cumberland County, Pennsylvania. 3. Detendant Rita Callen is an adult individual and citizen of the COlllllonvealth of Pennsylvania, who re.ide. at 75 Southmont Drive, Inola, cumberland County, Pennsylvania. 4. The fact. and occurrences hereinafter related took place on or about April 21, 1995, at approximately 7:16 p.m., on Bridqe street, New cumberland, cumberland County, Pennsylvania. 5. At that time and place, Plaintitf George S. Henry va. operatinq hi. mother'. 1993 Chevrolet Caprice, travellinq north, 87817/CLIf and wa. att_pting to park the vehicle on Bridge Street, New cwaberland, CUaberland County, Pennsylvania. 6. At that time and place, Detendant John Nichola. Callen w.. operating. 1993 Ford Escort owned by Detendant Rita Callen and wa. travelling south on Bridge Street, New CUmberland, CUmberland County, Penn.ylvania. 7. At that time and place, Detendant John Nicholas Callen operated the vehicle at a high rate ot speed while under the intluence at alcohol, cros.ed over the center line into the northbound lane ot Bridge Street, striking the Henry vehicle. 8. At that time and place, the tront portion of the Callen vehicle viOlently collided with the tront portion of the Henry vehiole. The Callen vehicle continued across the roadway, travelled over the .idewalk and came to rest on the front yard ot the 1219 Bridge Street residence. 9. At the time of the atorementioned accident, Detendant John Nichola. Callen was operating the vehicle under the intluence at alcohol or was otherwise impaired. COtJJl'1' I Geora. S. Henrv v. John Nicholas Callen 10. Paraqraphs 1 through 9 at Plaintitt's Complaint are incorporated herein by reterence. 2 -..1&.. ; 11. The foreqoinq accident and all of the injuries and dlUllaqe. .et forth hereinatter .ustained by Plaintift aeorqe S. Henry are the direct and proximate result at the neqliqent, careless, wanton, and reckless manner in which Defendant John Nichola. Callen operated the 1993 Ford Escort as tallows: Cc) Cd) Ce) Ct) Cq) Ch) Ci) (j) Ca) failure to keep alert and maintain a proper watch for the presence at other motor vehicles on the hiqhway; failure to apply his brakes in sutticient time to avoid strikinq the Henry vehicle; failure to travel at a sate speed; failure to keep a proper watch for trattic on the hiqhway; Cb) failure to take reasonable evasive action to avoid the accident; failure to drive his vehicle with due reqard tor the highway and traftic conditions which were existing and ot which he was or should have been aware; failure to keep proper and adequate control over his vehicle; failure to stay within his travel lane; drivinq his vehicle while intoxicated or otherwise impaired; and drivinq his vehicle upon the highway in a manner endangerinq persons and property and in a reckless manner with careless c11sreqard to the riqhts and satety ot others and in violation at the Motor Vehicle Code at the Commonwealth ot Pennsylvania. 3 COUll'1' II a.ora. S. Henrv v. Rita Callen 12. Paragraph. 1 through 11 at Plaintiff'. Complaint are incorporate4 herein by reterence. 13. The toreqoinq eccident and all at the injurie. an4 duaqe. .et torth hereinatter su.tained by Plaintift Geox-qe S. Henry are the direct and proximate result ot the negligence at Detendant Rita Callen tor entru.ting the 1993 Ford E.cort to Detendant John Nicholas Callenl (a) permitting Detendant John Nicholas Callen to operate the 1993 Ford Escort although .he knew or .hould have known that he did not have any training, experience and judgment to adequately control and operate the vehicle; (b) permittinq Detendant John NiCholas Callen to drive the vehiole, although she knew or should have known that he wa. carele.. or reckless in the operation ot aotor VehiCle.; (c) tailing to properly .upervise Detendant John Nichola. Callen'. operation and use at the vehicle; (d) permitting Detendant John Nichola. Callen to operate the vehicle although she knew or .houl4 have known he va. not qualitied to do so; (e) permittinq Detendant John Nicholas Callen to operate the vehicle vhile under the intluence ot alcohol or otherwise impaired; and, (t) permitting Detendant John Nicholas Callen to operate the vehicle in violation ot the Motor Vehicle Code at the CODlDlonwealth ot Pennsylvania. 4 CLAI" I aeora. s. Hen~v v. John Nicholas Callen and Rita Callen 14. Paragraphs 1 through 13 at Plaintitt'. Complaint are incorporated herein by reterence. 1~. Plaintitt George S. Henry .u.tained paintul and .evere injurie. which include, but are not limited to, constant neck and back pain, lumbalgia and sprain/strain ot the lumbar spine accompanied by muscle spasms, and hip pain. 16. As a result at the injuries sustained, Plaintitt Georg. S. Hanry wa. torced to incur liability tor medical treatment, medication., hospitalizations, and similar miscellaneous expense. in an ettort to restore himself to health, and claim is mad. therator. 17. Because ot the nature at his injuries, Plaintift Georga S. Henry has been advised and, theretore, avers that he may be torc.d to incur similar expenses in the future, and claim i. mad. theretor. 18. As a result ot the atorementioned collision and reSUlting injuries, Plaintift George S. Henry has undergone and in the futura will undergo great physical and mental sutfering, qreat inconvenience in carrying out his daily activities, loss ot lita'. pleaaures and enjoyment, and claim is made theretor. 5 1'. As a result at the atorementioned collision and resulting injurie., Plaintiff Ceorge S. Henry ha. been and in the future will be .ubject to qreat humiliation and embarraBBment, and claim i. ude tnl.retor. 20. A.. re.ult of the atorementioned colliaion and re.ulting injurie., Plaintiff George S. Henry ha. sustained lose at opportunity and a permanent diminution of his earning power and oapacity, and claim i. made theretor. 21. Plaintitf George s. Henry continues to be plagued by persistent pain and limitation and, theretore, avers that hi. injurie. may be of a permanent nature, causing residual problems for the remainder ot his lifetime, and claim is made therefor. CLAIJI II C80rqa s. H8nrv v. John Nicholas Callen and Rita Callen 22. Paragraphs 1 through 21 at Plaintiff's Complaint are incorporated herein by reterence. 23. At the time of the aforementioned accident, Defendant John Nicholas Callen was under the intluence at alcohol, with a lAC level ot O.lat. 24. Defendant John Nicholas Callen's conduct of operating a vehicle while under the intluence of alcohol constitutes outrageouB conduct and a reckless inditterence to the rights at other person. 6 on the highway. Detendant John Nicholas Callen knew or should have known that operating a motor vshicle while under the influence of alcohol created a high degree at risk to other persons on the roadway. 25. Said conduct of Detendant John Nicholas Callen constitutes wanton and willtul negligence, is outrageous, and entitles Plaintiff to an award of punitive damages. WHEREFORE, Plaintitf George S. Henry demands jUdgment against Defendants John Nicholas Callen and Rita Callen, in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00), includinq punitive damages, exclusive at interest and costs and in exces. of any juriSdictional amount requiring compulsory arbitration. ANGINO , ROVNER, P . Sa r. . No 81 45 orth Front Street arrisburq, PA 17110 (717) 238-6791 Counsel tor Plaintitf oat.: March 26, 1996 IMPORTANT NOTIC~ TO: John Nicholas Callen DATE OF NOTICEI May 10, 1996 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET HELP. Court Administrator CUmberland County Courthouse - 4th Floor One Courthouse Square CarliSle, PA 1701J-JJ87 (717) 240-6200 ANGINO & ROVNER~C. .--- ~- re Date: May 1J, 1996 WHEREFORE, Defendants, John Nicholas Rita Callen, demand jUdgment in their favor and against the Plaintiff, George S. Henry, together with interests and costs of suit. CLAIM II Georqe S. Henrv v. John Nicholas Callen and Rita Callen 22. Paragraphe 1-21 hereof are incorporated herein and by reference as fully as so set forth at length. 23-25, Denied. After reasonable investigation, answering Defendants are without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 23-25 of Plaintiff's Complaint and the same are denied and strict proof thereof is demanded. WHEREFORE, Defendants, John Nicholas Rita Callen, demand jUdgment in their tavor and against the Plaintiff, George S. Henry, together with interests and costs of suit. By way of turther answer, Defendants assert the following: NEW MATTER 26. Paragraphs 1-25 hereof are incorporated herein by reference and so fully eet forth at length. 27. Plaintiff's Complaint fails to state a cause of action upon which relief may be granted. 28. Plaintiff's injuries and damages, if any, were caused eolely and directly as a result of the negligence of the Plaintiff. 29. Plaintiff was contributorily and/or comparatively negligent, which contributory and/or comparative negligence was the substantial " ~Rt\?tr~'1.'TQli t. Cha"" B. C.,,'''' ....".. dO ,.,.b, V"," ,,., 1 .. ,,. ."oroe' 0' ,.'0", '0' ,,. ,l..d'" ,."y h""" ond ,,., ,,. ,.". .., ,o"b i. ,,. '0,,'0'" ,1'''''' .,. ,to' ,0 ,,. bO., 0' .. ,...,..... '.'0,",,'00 ... b.1"" .," ,,'0,",,'00 .."l,.d. t und""'" ,WO' ,.1" .,.,....,. .... ,.,.,. .,. .... ..."" '0 ,,. ,...,'i" 0' " ,..C.S." . "" ,.,"," ,0 ....... falsificatiOn to authOrities. GRIFFITH, S'tIlIC tiER. LEIlM1'Jl' SOL~MOa k KINS Dated:~ r \ \ '-.J B~: . \ J _ . _ . I Chat18S B. c~insf ESquire supreme coutt I.D. ~36208 110 south Northern way ~or~. pennsylvania 11402 (111\ 151-1602 - GEORGE S. HENRY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff v. JOHN NICHOLAS CALLEN and RITA CALLEN, NO. 96-1643 Civil Term Defendants JURY TRIAl. DEMANDED PLA:IIl'l':IJ'J"8 REPLY TO NO MATTER AND NOW comes the Plaintitt, by and through his attorneys, Angino' Rovner, P.c., and hereby enter the tollowing Reply to the New Matter at Detendant as tollows: 26. Detendants' averment does not require a responsive pleadinq. Plaintiff incorporates his Complaint herein by reterence. 27. Detendants' averment is a conclusion ot law to which no responsive pleading is required. To the extent the averment may be deemed tactual, it is hereby specifically denied. By way at amplitication, Plaintitt's Complaint does state a Cause of action upon which relief may be granted. 28. Detendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way at amplification, Plaintiff was not negligent in any way. All at Plaintitt's injuries and damages were caused solely and directly as 92360/MLH a result ot the negligence, carelessness, wantonness and recklessness at the instant Defendants. 29. Defendants' averment is a conclusion ot law to which no responsive pleading is required. To the extent the ave1'1llent may be deemed tactual, it is hereby specificallY denied. By way ot amplitication, as previously indicated herein, Plaintitt was not negligent in any way. Theretore, the pennsylvania comparative Negligence Act does not apply to the instant action. Further, all at Plaintitt's injuries and damages are recoverable in the instant action and are in no way reduced. 30. Defendants' ave1'1llent is a conclusion of law to whicb no responsive pleading is required. To the extent the ave1'1llent may be deemed tactual, it is hereby specificallY denied. By way of amplification, as previously indicated herein, Plaintift was not negligent in any way. Theretore, the pennsylvania comparative Negligence Act does not applY to the instant action. Further, all of Plaintift's injuries and damages are recoverable in the instant action and are in no way reduced, 31. Detendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the ave1'1llent may be deemed factual, it is hereby specificallY denied. By way at amplification, Defendants' averment lacks the speciti~ity required by the pennsylvania Rules of civil procedure. Further, all ot Plaintitt's injuries and damages were caused solely and directly as a result of the negligence, carelessness, wantonness and recklessness of the instant Defendants. 33. Defendants' averment is a conclusion ot laW to which no reeponsive pleading is required. To the extent the averment may be deemed factual, it is hereby specificallY denied. By way at amplification, Plaintiff did in fact sustain a serious injury as a result ot the careless, recklessness, wantonness, and negligence ot the instant csfendants. 33. Defendants' averment is a conclusion at law to which no responsive pleading is required. To the extent the averment may be deemed tactual, it is hereby specificallY denied. By way of amplitication, plaintiff'S motor vehicle insurance policy provided for the tull tort option. A copy ot Plaintitt's Declaration Page is attached hereto as Exhibit A. WHEREFORE, PlaintiU respectfullY requests this Honorable court to dismiss Defendants' Answer and NeW Matter and enter judgment in his tavor against the Defendants. ANGINO " RO ~~ . sadlock, Esqu re I o. 47281 4503 North Front street Harrisburg, PA 17110 (717) 238-6791 counsel tor Plaintiff Date: June 4, 1996 -t'CV. 2.1995 9; . . Inaurance.&anBla!RwONS lAG! WIT! 'OLICY POIUIS AND EHDClUEKERTS COllPuns . TD POLICY. nus POLICY WILL COIITINDE IIf POR.CE POll TD narOD IHIIXCATED llPOH VAL:tII PA'Dl!Itt cp nm PP.ElUllM, IIIIEH 1XlE. J'OUC'f lU6IIII >oun IIIIlClD CD""IU" . "'CMDCD . TNt AUIICf ",aD TO 07/15/1J5 STATE AlITO PROP. " CAS, 3081 00 -. l'Ul 4437176 01/l.5/1J5 NAMID ..... AIG ADDM&I "11I1' lWIC! L KEi'll T 20251 IlEUY ST IlAUIDUl.G P.A. WlIGltt'-GoUDIlIIl D1S mc 100 WEST AlfTIETAH STlEET 171 04 BA.GD.STOlIN, MD ~r~\\ _~~~~ TELUBOHE 301/733-1134 21740 I T .All CBG DAn 1.5.00 10.0 20. ENS! IEHEl'IT o $ 5,000 WOD: LOSS I!NUIT ll1' TO S 5 000 m.ncT TO J. lWlDIt1l( OF' $ I, 000 PER. KOllT! INCl. PURElJ.L EXPENSE IEHEl'IT ll1' TO $ 1,500 INCL D DAlUGI TO TOUl. Al7TO- ACTtlAL CASH VALUE LESS DEnt!CTIBU" . 0mE1l 'IJlAN COLLISION $ 100 DEDtlCTIBLZ" 27.00 I:).~~ COLLISION $ 2.50 DEnOCTIBU. 76.00 TOWING J.IIlI) 1..Ul01I SSO PEl DISAlLEKENT 4,00 . TOTAL BY.urro 2.57.00 , ~ TOIAL TER.'i PREHI1lH $2.57.0 *"* YOlll\ STATE ACTO COlll'AI'l' S.UrrO POLICT HAS BEEN DISCOllllTED AS SHOW BELOW; PASSIVE R.ESTIAINT DISCO OP 20% HAS BEEN APPLIED TO .urro 1 SIZE OF CAR DISCtlONT APPLIEn TO ..U1TO 1 PRElUtlKS Uru:cT SAFE DR.IVEIl DISCOONT FOil .urro 1 AllTI-LOC1t BJIJ.Iai DISCOIlNT OP 51 APPLIED TO AUTO 1 , DIlIVEll III DRIVEl NAM! LICENSE NOMBD IIIRTH DATE 01 NAllCY L ID1lY 10S5167~ 02/10/36 ENDORS~...t/I'OIUlS / ~ FOIUl ,"Iiirn' AUTO FORl! If M~ AUTO FOil.' f TE AUTO FOIU!: 11 IE AllTO PFOOOl ....04/86 All. PP0003 12/89 AlL PPOIS 08/92 AlL PPAD23 06/92 ALL ~.~CONTINUED OK ~~T PAGE**..*.*PAGE 1 . AND NOW, this ORDER -'2.'1 day at ~J- , 19911, it J. is hereby Ordered and Decreed, Plaintitt's Motion tor permission to File an Amended Complaint is GRANTED. BY , " " t GEORGE S. HENRY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintitt I CIVIL ACTION - LAW v. . . . NO. 96-1643 Civil Term . JOHN NICHOLAS CALLEN and RITA CALLEN, . . Detendants JURY TRIAL DEMANDED PLAZNTZPP'S MOTZOH PaR PERMISSZOH TO PILE AN AMENDED COMPLAZHT 1. The instant action arises out ot an April 21, 1995 motor vehicle accident. 2. At the time of the atorementioned motor vehicle accident, Detendant John Nicholas Callen was operating a 1993 Ford Escort owned by his mother, Detendant Rita Callen. 3. At the time at the atorementioned motor vehicle accident, Detendant John Nicholas Callen was operating his mother's motor vehicle while intoxicated. 4. At the time of the aforementioned motor vehicle accident, Detendant John Nicholas Callen operated his mother's vehicle at a high rate ot speed and crossed over the center line into the northbound lane ot Bridge street, New Cumberland, CUmberland County, Pennsylvania, striking Plaintitt's vehicle. 5. On March 27, 1996, Plaintitt tiled his Complaint in the instant action versus John Nicholas Callen and Rita Callen. 91798/MLM 6. On April 4, 1996, the Cumberland County Sheritt's Department served the Complaint upon Detendant John Nicholas Callen. 7. At the time the Complaint was served upon Detendant John Nicholas Callen, the sheritt's Department was advised that Defendant Rita Callen had died on February 23, 1996. 8. On May 17, 1996, Charles B. Calkins, Esquire entered his appearance tor Detendants John Nicholas Callen and Rita Callen. 9. On May 17, 1996, Attorney Calkins tiled an Answer with New Matter on behalt ot both Detendants herein. 10. By letters dated June 5, 1996 and August 6, 1996, P1aintitt's counsel wrote to de tense counsel and asked whether detense counsel would stipulate to amend the caption and Complaint in the instant action to name the Administrator of the Estate ot Rita Callen as the Detendant. 11. By letter dated August 12, 1996, defense counsel advised Plaintitt'8 counsel it would not enter into a stipulation to amend the caption and Complaint in the instant action. 12. Neither Detendant John Nicholas Callen nor the Estate ot Rita Callen will be prejudiced in any way by the filing ot an Amended Complaint. 13. The statute ot limitations applicable herein does not expire until April 21, 1997. 14. The amended Complaint will contain no new allegatione but will merely reflect as a named party the Administrator ot the Estate ot Rita Callen. Further, all refer.ences in the amended Complaint to Rita Callen will be by way ot the Administrator ot her Estate. WHEREFORE, Plaintiff respectfully requests your Honorable Court grant Plaintitt's Motion for Permission to File an Amended Complaint. Respectfully sUbmitted, ANGINO ._~_ F,Q.. . --="".-...::--- ~--- - 4--------- ----~ / rd A. Sad lock, Esqu re .D. No. 47281 4503 North Front street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff Date: August 27, 1996 CBRTIrICATB or SBRVICB I, Marcy L. Moyer, an employee ot the law tirm ot Angino , Rovner, P.c., do hereby certity that I am this day servinq a true and correct copy at PLAINTIrF'S MOTION FOR PBRMISSION TO rILB AN AKBHDBD COMPLAINT on the following via postage prepaid, first class United states, requested addressed as follows: Charles B. Calkins, Esquire Grittith, Strickler, Lerman, Solymos , Calkins 110 South Northern Way York, PA 17402-3737 V~M~~~~/~~ Marcy . Moyer. Date: August 27, 1996 ~J ~~ ~ ~ '1 l ~ ~;, .... ...., b:: . c. C' J .-r ~l~ - ~~- .) . ,.:ot ,- . -J ~f' <... ,:0 '(f') ii c~.... ".'J c."'": ' ",.1 ,'-- ;... ,o,...! -. .-- ". ,1 ,'j 0 G' U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GEORGE S. HENRY, Plaintiff, No.96-1643 Civil Term v. JOHN NICHOLAS CALLEN and RITA CALLEN civil Action - Law Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ~ day of ~t- Calkins, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, , 1996, I, Charles B. SOLYMOS & CALKINS, Esquires, hereby certify that I have, this date, served of a Defendant's copy Answers to Plaintift's Interrogatories/Request for Production of Documents by United States Mail, addressed to the party or attorney of record as follows: Richard Sadlock, Esquire 4503 N. Front Street HarriSburg, PA 17110 , STRICKLER, LERMAN, o & CALKINS i BY: Cliarl alkins, ESQUIRE Attorney fo Defendants Supreme Court 1.0. # 36208 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 lll/callen. int '- (:) ~ it: C~ . ~ t--: ~d r"\ HI.. (..)- [":'- c. .p ,., J (;) o. I i II @[ :.'} I .~ rr: t, C' L_' ,: ... ! ~ ~ u. . , , C, Ll\ '..l i!i ~ GEORGE S. HENRY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA plaintiff CIVIL ACTION - LAW v. NO. 96-1643 Civil Term JOHN NICHOLAS CALLEN and RITA CALLEN, Defendants JURY TRIAL DE~~DED PRAECIPE To the Prothonotary: Kindly enter my appearance on behalf of Plaintiff, George S. Henry. Date: l~.i) -~If' ANGINO & ROVNER, P.C. ~'" I. D. #35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff cc Charles B. Calkins, Esquire 87946/MLM i' 1~' C..: I. , h".l ,- t ~ , f.l: , " . , - , j ~~ . ;") -:.'] LL I , L~ , . j I l._" -- , '''"l , C . U CBRTIPICATB OP SBRVICB I, Lenina R. Jackson an employee of the law firm of Angino & Rovner, P,C., do hereby certify that I am this day serving a true and correct copy' of PLAINTIPP'S RBQt1I:STS POR ADMISSIONS - SBT II on the following via postage prepaid, first class United States, requested addressed as follows: Charles B. Calkins, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 Date: 3/2u1i i' . - tiL-C~ " GEORGE S. HENRY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PEmlSYLVANIA Plaintiff CIVIL ACTION - LAW v. NO. 96-1643 Civil Term JOHN NICHOLAS CALLEN and RITA CALLEN, Defendants JURY TRIAL DEMANDED PETITION FOR A RULE TO SHOW CAUSE WHY THE PLAINTIFF CANNOT TAKE THE SATELLITE AND/OR TELEPHONE DEPOSITION OF HIS FLORIDA DOCTORS 1. On March 27, 1996, the plaintiff initiated this Action alleging that he had sustained personal injury in a motor vehicle accident that was caused by the Defendants. 2. Subsequent to the motor vehicle accident, the Plaintiff moved to Florida. As a result of his accident related injuries, the plaintiff sought treatment with a number of doctors practicing in Florida. 3. Plaintiff's counsel has requested that defense counsel agree to take the deposition for use at trial of the Plaintiff's Florida doctors by telephone deposition and/or satellite video deposition. 4. More specifically, in a letter dated December 5, 1996, attached as Exhibit A, Plaintiff's counsel requested that defense counsel agree to take the telephonic or satellite video deposition of the Plaintiff's doctors. S. In a let ter dated March 13, 1997, attached as Exhibit B, defense counsel corresponded with Plaintiff's counsel lon09/MTG and indicated that he would not agree to take the Florida doctors' deposition for use at trial via telephone. 6. In response, in a letter dated March 18, 1997, attached as Exhibit C, Plaintiff's counsel again corresponded with defense counsel and requested a satellite video deposition so that a jury could evaluate the doctors' credibility. Obviously, such a deposition would be less costly to both the Plaintiff and Defendant. 7. In a letter dated April 7, 1997, attached as Exhibit D, the Defendant confirmed that he would not agree to a satellite videotaped deposition. WHEREFORE, the Plaintiff respectfully request that Your Honorable Court enter a Rule to Show Cause why the plaintiff's doctors practicing in Florida can not testify by way of telephone and/or videotape satellite deposition. Respectfully submitted, ANGINO & ROVNER, P.C. ~~ David L. Lutz, Esquire I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff JOSEPH M MELillO nUy! HY\I\,~ DAVID L LLTZ MICHAEL E, KOSI~ P,UIELA C; SHt~l.\S RICH,\RD. 5 'DLOCK DA\'ID 5. WI5~CSKJ NIJOLE C. OLSON ANGINO & ROVNER, P.C. MICHAEL J ,"Wrr1KY L....WRE~CE F 9,...RONE O.\Vt~ L_ JF.S:\l:"iGS SOLOMO~ Z. KJl!VSKY JOSEPH ~1. OORl.\ DL'.-\:\'E S 8...JlAICK , \ME! OtCI'il LISTED IN THE BEST L~\liYERS -1)<- :\.\IERlC:\ RICIWIO C, "-'01)<0 NEIL I ROVNER December 5, 1996 Charles B. Calkins, Esquire Griffith. Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 Re.: Henrv v. Callen Dear Charlie: I have been asked to enter my appearance, enclosed, and try this case before a jury in Cumberland County. The liability witnesses we plan to call are as follows: l. 2. 3. 4, George S. Henry John Callen, as if on cross-examination Police Officer King Robert Kimmey, 1200 Block of Bridge St., New Cumberland (he did not see the accident, but was at the accident scene shortly afterwards) liability exhibits I plan to utilize are a diagram of the scene, photographs depicting the damage to either vehicle photographs exist), and the Request for Admissions. The accident (if said The non-expert damages witnesses we plan to call are as follows: 1. George Henry - the Plaintiff's father 2. Nancy Henry - the Plaintiff's mother 3. Christina Evans - Plaintiff's girlfriend 4. Pandora Golden - Plaintiff's sister 5. David Henry - Plaintiff's brother I will be corresponding with you in the near future to advise you as to the identity of the doctors we plan to call to testify. Some of these doctors are located in Florida, and I would like to t ih\ PJ-14 .503 NORTH FRONT STREET, HARRISBURG. PA 11110.1708 (717) 238.8191 FU.(111) 238-5110 Charles Calkins, Esquire Page 2 December 5, 1996 obtain your agreement that we can have the doctors testify by telephone deposition or satellite video. Please advise. Thank you. Very truly yours, /~f-L ~id Ls-.J:Z- DLL:mtg Enclosure /' . I c JIOIIIIT H. QIW'rfH lIWIMr u. 1l1ttC1CLP: IIlOIIAT A. URMAN- ,.TIIt D SOL 'NOI CHNU.I. CAUUHI LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS 110 S. NORTHERN WAY YORK, PENNSYLVANIA 17402-3737 TlLII'HONI (117) 1.$1-7102 'AJl.ll1111S7.J1a:J ANN MARONtIT GAA8 'AUL Q LUTZ MICHAl". SCHIII.- JOHN' YNiIHIK. USA y_ OtIIRHARDO KRISTINI''' 'RITZ t SOUTH MAIN STREET SHRIMIURY, P... 17381.1!2t TILUIOlt (117) 23S01432 .~"""'NIw'... 8M .Auo........ MNm.Nct tIIM .Aua......,.,OC .... ... '*""_ far IthnIuy ~ Only (711) _,... April 7, 1997 David Lutz, Esquire ANGINO & ROVNER, P.C. 4503 N. Front Street Harrisburg, PA 17110 RBI George S. Henry va. John Niahulaa Callan and Rita Callen No. 96-1643 Civil Term Dear Dave: My client is not agreeable to using a satellite video-taped deposition. My apologies for not getting back to you sooner, however, I had been awaiting notification from my client. If ve any questions, please call me. v y CALKINS .ltr Eyhlb,'~.b CBRTIFICATB OF SIRVICB I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of a PETITION FOR RULE TO SHOW CAUSE on the following via postage prepaid, first class United States, requested addressed as follows: Charles B. Calkins, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 Date: '1- d-) -9) , , 11!;- .. , C' x; f" ~..I 'i~- , i t, ~ r:\.: " ". l ..~ C~ ..:.' c~) .')" ~1 ""5:' ~ J0- t '~ , ~ , ~ .'- " VERIFICATION I, Charles B, Calkins, Esquire, do hereby verify that I am the attorney of record for the pleading party herein, and that the facts set forth in the foregoing pleading are true to the best of my knowledge, information and belief. upon information supplied. I understand that false statements made herein are made subjecc to the penalties of 13 ?a.C,S.A. Iii 4904 relating to uns"orn falsificacion to authori ties. GRIFFITH, STRICKLER, LERMAN, SOLYMOS , C~LK!NS , I BY , ~ CHARL .^.. J.,.,...: ~-~:~~~ ~~~:: .'-' .; '-... .~ :; 110 South Northern Way York, ?A 17402 Telephone No. (717) 757-7602 II 1. ARGUMENT DEFENDANT, JOHN NICHOLAS CALLEN, SHOULD BE PERMITTED TO TAKE THE DEPOSITIONS OF PLAINTIFF'S FLORIDA DOCTORS IN PERSON. The Pennsylvania Rules of Civil Procedure at Rule 4001(c) provide that. "[a]ny party may take the testimony of any person by deposition upon oral examination . . for trial of a case . .. 42 Pa.C,S.A, ~400l(c). Rule 4002 provides: The parties may by agreement (1) provide that depositions may be taken before any person, at any time or place, upon any notice. and in any manner, and when sc taken may be used like other depositions, and (2) modify the procedures provided by these rules fer methods of discovery, ~2 Pa.C.S.A. s~C02. Rule 4017.1fai prov:des that. "!ainy deposition ta;,en upon oral e~a~t~dtion maj ce reccri~j ~., ~, vide:;tat:e. If .1:2 Pa.C.S.A. s.j017.1~a) In addition, the parties to an action pending in the Commonwealth of ~.:-~>:-.~':'~ '.'.-:::1 ~1:: ~l'..:n "~r: '1('\:.....<::~:-~ ~~~~':;""""........ -< l .....:":;:.~~c: ':""I':'.C:~~ ....f the Commonwealth "(i]n any manner, before any person, at any time or place, or upon any notice stipulated by the parties . .. 42 Pa.C.S.A. ~5325(a) (4). According to the abc':e cited-rules. Plaintiff is certainly entitled to request that deposi ticns of parties or witnesses be conducted by satellite videotape. Howevor, there is no requirement in the rules that a request to take depositions in such a manner be granted. In the instant action, Plaintiff wishes to take the depositions of his Florida doctors for use at the trial of this case. In order to save his client the expense of him traveling to Florida and taking those depositions, Plaintiff's counsel has requested that the depositions be taken by satellite videotape. Under the circumstances of this case, 2 however, Defendant, John Nichola, Callen, believes that his interests are better served by the per,onal appearance of counsel at the depositions ot Plalntlft', Florida doctors. Taking the depositions of Plaintiff's Florida doct0rs in person will allow cOlln'oll for the Defendant, John :licholas Callen, to personally <1S58" th" cre'Hbility of those physicians for triaL An in person v ldeotdped de~.osit ion of Plaintiff's physicians by Defendant's counsel will atford Cefendant's counsel the opportunity to cross-examine Plaint Iff' 5 physiclans using x-ray and :.:?I films generated during his treatment t.:tore ,wd after this April 21. 1995 motor vehicle accident, P"jFL'-:"l,dly ,:qr.,_~~ Plaintiff has, ad!nittedly, ceen involved in numerous uthor ,)(,Cl,l.:nt~. Certainly, having tr.e physicians, the x-ray and t1RI t 11;"'~, dnd ...ht? l~H?'st icning attorney in :':-.i? 5:1:-:'",0: roem, at the same time, 'w.Il11 C05ure ':r.e accuracy of t.he questior.:.:-.g, reference to the res~ective L.o. ...:l,~, tJ,;,..l '_..'4 'J.;.:;J"'\,;':'~ t:-.:...............;,t:.J, Li :":,1;,: t.-;.:z..J...__....:..;;J. Plaintiff has initiated this litigation against the Defendant, John t1icholMI Callen. In order to prove his case, Plaintiff must establish th.1t Defendant, John Nicholas Callen, was liable for accident, and that he 5u~tered damages as a result of liability on the part of Defendant, John tllcholas Callen. In an attempt to establish a claim for damages, Plaintiff has elected to call the physicians with whom he treated in Flonda. The fact that the Plaintiff must expend a significant sum of money in order to take the depositions of those Florida physicians for trial, is not a hardship or inconvenience created, in any manner, by the Defendant. Defendant's counsel stands ready to travel to Florida to take the depositions, noticed by Plaintiff, of Plaintiff's Florida physicians. 3 GEORGE S. HENRY, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN NICHOLAS CALLEN and RITA CALLEN, DEFENDANTS 96-1643 CIVIL TERM ~OER Of cou.B1 AND NCHI. ",I. "" daY of ....Y. ,991. ~o1ntiff ,,,1\ fiI.. brio! In """,- w1\hIn ..n l'O) dOY' In ",p_ \0 dotend"'" bno! on "'. """ of told"" · .....1\.. video-taped deposition of plaintiffS Florida doctors. By the Court, 11 \\;11 Edgar B. Bayley, J., David L. Lutz, ESquire For Plaintiff _ (: ~ (~J... s/~ Jtj'l. ..A . If. chartes B. Calkins, Esquire For Defendant John Nicholas Callen :saa ? --ni't. 1')0',. t:" :1.l '&t r;: ~r. 7C1 {;c~ ,.... (~J :r"1 ::.J. ~ ~ ~ , C1' ~ ca tJ\ ....a Q \ i GEORGE S. HENRY, IN THE COURT OF coMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff v. NO. 96-1643 Civil Term JOHN NICHOLAS CALLEN and RITA CALLEN, JURY TRIAL DEMANDED Defendants fFl\.ECIP& To the prothonotary: Pl"" ~,k ,he .bov, _,"pc ioned ac,ion ,.,n.d. ..n, fied. .nd discontinued. ANGINO & ROVNER, P.C. ~wW~ DaVidJ~. ~z I.D. #35956 4503 N. Front Street Harrisburg, PA 11110 (711) 238-6791 counsel for Plaintiff Date: 0 ~~ .c.(\ cc Charles calkins, ESquire llJ2H/M'tG .., ,.: I c 11 1~; .. l.l I " (, l.l " (1:; .' , <. ~j w., u. .- ...:,' C'" .J