Loading...
HomeMy WebLinkAbout02-4919CRAIG A. KUHN, Plaintiff V. JOEY L. MORRISON, JR.,: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- ,z/q/c/ CIVIL TERM 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 Complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court, your defenses or objections to the cJaims 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 plaintiff. 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 LAVVYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 ('717) 249-3166 CRAIG A. KUHN, Plaintiff V, JOEY L. MORRISON, JR.,: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002~ ~/c//~ CIVIL TERM CIVIL ACTION-LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Craig A. Kuhn, by and through his attorney, Michael A. Scherer, Esquire, and respectfully represents as follows: 1. The Plaintiff, Craig A. Kuhn (hereinafter referred to as "Kuhn"), is an adult individual who resides at 233 Red Tank Road, Boiling Springs, Cumberland County, Pennsylvania. 2. The Defendant is Joey L. Morrison, Jr. (hereinafter referred to as "Morrison"), an adult individual who resides at 5 Parker Road, Newville, Cumberland County, Pennsylvania. 3. The facts and occurrences hereinafter related or occurred on January 23, 2001 at approximately 7:00 p.m. at the intersection of West Locust Avenue and Morris Avenue in the Borough of Carlisle, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Kuhn was exiting a private parking lot and entered West Locust Avenue where he was struck on the driver's side of his vehicle by a vehicle being operated by Morrison. 8. As a result of his injuries, Kuhn missed approximately eight weeks from his employment as a worker at Ames True Temper Hardware in Carlisle, Cumberland County, Pennsylvania. 9. As a result of his accident, Kuhn has suffered a permanent diminution of earning power and capacity. 10. As a result of the aforesaid accident, Kuhn has in the past and will in the future will undergo pain and suffering, I ' cst of hfe s p easures, inconvenience and anxiety. WHEREFORE, Kuhn demands judgment against Morrison for damages and costs as set forth above in excess amounts requiring compulsory arbitration. Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A. Scherer I.D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/genlit/kuhn/morrison.com VERIFICATION The statements in the foregoing Complaint are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief..I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. DATE: Craig A. Kuhn Jefferson J. Shipman, Esquire I.D. #51785 ~OLDBKR~, ~ATZMAN& SHIPMAN, P.e. 320 Market Street P.O. BOX 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Morrison CRAIG A. KUHN, Plaintiff VS. JOEY L. MORRISON, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLV~=NIA : : CIVIL ACTION - LAW : NO. 2002-4919 CIVIL TEP~M : : JURY TRIAL DEF~ANDED PI~CIPE TO THE PROTHONOTARY: PLEASE enter the appearance of the undersigned on behalf of the Defendant, Joey L. Morrison, Jr., in the above-captioned matter. GOLDBERG, KATZ~SKN & SHIPMAN, P.C. ~~ni~.S~n, Esqul e P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant DATE: October 14, 2002 86230.1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harris- on g 2002, addressed to the following: b?fl~ Pennsylvania, with first-class postage prepaid Michael A. Scherer, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 Attorneys for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. ~e~rs~n J. Sh~pman, msqulre ~p.o. Box 1268 Harrisburg, PA 17108 Attorneys for Defendants Horne Telephone: (717) 234-4161 86232.1 SHERIFF'S RETURN - CASE NO: 2002-04919 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KUHN CPJtIG A VS MORRISON JOEY L JR REGULAR LARRY ZEIGLER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MORRISON JOEY L JR the DEFENDANT , at 1030:00 HOURS, on the 16th day of October at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQ CARLISLE, PA 17013 by handing to JOEY L MORRISON JR 2002 a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.28 Affidavit .00 Surcharge 10.00 .00 36.28 Sworn and Subscribed to before So Answers: R. Thomas Kline 10/17/2002 OBRIEN BARIC ~ERER Jefferson J. Shipman, E~quire I.D. #51785 · OLDB~RG, KATZMAN& SHX~MAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Morrison CRAIG A. KUHN, Plaintiff vs. JOEY L. MORRISON, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2002-4919 CIVIL TERM : : JURY TRI~LL DEMANDED NOTICE TO PLEAD TO: Plaintiff and his attorney, Michael A. Scherer, Esq. O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 You are hereby notified to plead to Defendant Morrison's Answer with New Matter within twenty (20) days from service hereof. GOLDBERG, KATZMAN & SHIPMAN, P.C. Date: 1// ~- 2_ 86599. J~fe~Wn J. S~ipman, Esquire A[torney I.D. 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Jefferson J. Shipman, Esquire I.D. #51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Morrison CRAIG A. KUHN, Plaintiff vs. JOEY L. MORRISON, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2002-4919 CIVIL TERM : : JURY TRIAL DEMANDED ANSWER A aND NEW MATTER OF DEFENDA/qT AND NOW, comes the Defendant, Joey L. Morrison, Jr., by and through his counsel, Goldberg, Katzman & Shipman, P.C., and files the following Answer: 1. Admitted. 2. Admitted. Admitted. o Admitted in part, denied in part. It is admitted only that there was contact made between the two vehicles. The remaining averments of Paragraph No. 4 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 5. Denied. The averments contained in Paragraph No. 5, Subparagraphs (a) through (e), are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. (a) Denied. It is specifically denied that Mr. Morrison drove his vehicle in excess of that which would have been a safe speed for West Locust Avenue; (b) Denied. It is specifically denied that Mr. Morrison operated his vehicle at a speed which was too fast for the conditions of the roadway and the conditions which then existed in the area adjacent to ~he roadway; (c) Denied. It is specifically denied that Mr. Morrison was negligent in allegedly failing to see and avoid the Kuhn vehicle; (d) Denied. It is specifically denied that Mr. Morrison failed to have his vehicle under proper control; and (e) Denied. It is specifically denied that Mr. Morrison failed to properly apply his brakes in time to avoid striking the Kuhn vehicle. 6. Denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph No. 6 relating to Plaintiff's alleged injuries and the same are, therefore, denied and strict proof demanded at the time of trial. 7. Denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph No. 7 relating to Plaintiff's alleged medical treatment and the same are, therefore, denied and strict proof demanded at the time of trial. 8. Denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph No. 8 relating to Plaintiff's alleged loss of wages and time off from work and the same are, therefore, denied and strict proof demanded at the time of trial. 9. Denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph No. 9 relating to Plaintiff's alleged permanent diminution of earning power and capacity and the same are, therefore, denied and strict proof demanded at the time of trial. 10. Denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph No. 10 relating to Plaintiff's alleged pain and suffering, loss of life's pleasures, inconvenience and anxiety and the same are, therefore, denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, Joey L. Morrison, Jr., respectfully requests that judgment be entered in his favor and that Plaintiff's Complaint be dismissed with prejudice. NEW~4ATTER 11. This action is subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. ~1701, et seq. 12. The Plaintiff's may be limited or barred by the limited tort option pursuant to 75 Pa. C.S.A. ~1705. 13. If it should be found that there was any negligence on the part of the Defendant Morrison, which negligence is expressly denied, any such negligence was not a proximate cause of any damages to the Plaintiff. 14. That the accident and any resulting injuries were caused in whole or in part by an act of God. or by other forces beyond the control of the Defendant Morrison. 15. That the accident and any resulting injuries may have been caused by a sudden emergency. 17. following: 16. If the Plaintiff suffered the injuries alleged in his Complaint, those injuries were caused in whole or in part by the negligence of the Plaintiff, and recovery in this action is barred or diminished in accordance with the Pennsylvania Comparative Negligence Act. That the negligence of the Plaintiff consisted of the DATE:/ 86594.1 (a) Failing to have his vehicle under proper control; (b) Failing to keep a proper lookout for other vehicles on the roadways; and (c) Failing to yield to the Defendant's vehicle. 18. That the Plaintiff's failure to exercise reasonable care for his own safety was a substantial factor in the happening of the accident. WHEREFORE, the Defendant, Joey L. Morrison, Jr., respectfully requests that judgment be entered in his favor and that Plaintiff's Complaint be dismissed with prejudice. Respectfully submitted: GOLDBERG, KATZMAN & SHIPMAN, P.C. J~ff~'6n J. ~~, Esquire A~torney I.D. 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-41161 Attorneys for Defendant VERIFICATION I, Joey L. Morrison, Jr., hereby acknowledge that I am the Defendant in this action; that I have read the foregoing and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 86600.1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harris- burg, Pennsylvania, with first-class postage prepaid on / 17/,~- 2002, addressed to the following: / ' Michael A. Scherer, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 Attorneys for Plaintiff 86232.1 GOLDBERG, KATZMAN & SHIPMAN, P.C. Jef~~rs~jJ. Ship~{~n, Esquire P.(~. Box 11268 Harrisburg, PA 17108 Attorneys for Defendant Telephone: (717) 234-4161 Jefferson J, Shipman I.D.//51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant, Joey L. Morrisort, Jr. CRAIG A. KUHN, Plaintiff JOEY L. MORRISON, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4919 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RUI,E 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice Of Intent, including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoenas has been received, the twenty day waiting period was waived; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. GOLDBERG, KATZMAN & SHIPMAN, P.C. By j~ J. Shipman, Esquire Attorney I.D. # 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant Date: CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class postage prepaid, at Harrisburg, Pennsylvania, on the ~ 0 ~'/0 day of '~ C/~ C~ ct ~,/ ,2003, addressed as follows: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 GOLDBERG, KATZMAN & SHIPMAN, P.C. By. Attorney I.D. # 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant Jefferson J. Shipman I.D. #51785 (;OLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Itarrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant, Joey L. Morrison, Jr. CRAIG A. KUHN, Plaintiff Vo JOEY L. MORRISON, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4919 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED TO: NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND TILINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Craig A. Kuhn and Michael A. Scherer, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 PLEASE TAKE NOTICE that Defendant intends to serve five subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. GOLDB~ By. CATZMAN & SHIPMAN, P.C. Jeffers~ n J. Shipman, Esquire Attorney I.D. # 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Date: t/~ Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERT~Y that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, certified postage prepaid, at Harrisburg, Pennsylvania, on the 3T d, day of d-"~.~ ~z cz i' '?~ ,2003, / addressed as follows: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 GOLDBERG, KATZMAN & SI-ffPMAN, P.C. By Jefferson J. Shipman, EsqUire Attorney I.D. # 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant Craig A. Kuhn, Plaintiff v. Joey L. Morrison, Jr., Defendant -200~--49i-9 SUBPOENA TO PROC~:D~ DOSt~NTS OR FC~R DISODVERY PURSUANT ¥0 RULE 4009.22 TO: Orthopedic Instit~te of Pennsylvania (Na~e of Person or Entity) ~i%hin twenty (20) days afler service of Chis subpDena, yc~ are ordered bythe court to pr~uce the foll~n9 ~ts ~ things: ~-~d!ca! rccorda, zapoz~~dence - - ' - ~ ...... o -c Craig Kuhn S~: 1~0952 DOB: 1~/30/68 _ at GOldberg, Katzman & Shipman, 320 Market St., P.O. Box 1268, MariisburM, PA 17108-1268 (Address) Y.~J ~y del~ver or mail legible co~ies of %hedocuTents or pnoduce things requested by th~s subp~a, t~eth~ w~th the c~tifJcate of ~11~ce, to the P~ty~Jmg this r~uest at the address listed ~ve. Y~d have the riCt to s~k ~n adv~ the r~s~le cost of p~ep~ng the ~es or pr~ucins the things s~ght. If y~ fail ~ pm~uce the ~nts ~ things ne~ed by th~s sub~a w~th~n twent¢ (20) days aft~ ~s s~vice, the p~t~ serving ~his sub~ena ~y seek a ~t ~de¢ ~ellir;g y~ ~ ~ty with it. THIS SUBPC~NAWAS tSSUED ATTHE RE(~3~STOF THE FOLLOWING PERSON: NAF~: Jefferson J. Shipm~n~ Esquire ADDRESS: Goldberg, Katzman & Shipman, P.C. ~20 i~-arkec Sc., P.O. Box i268~ --B~-PA ]710R-]?&8 TELEPP~ONE: 717-234-4161 SUPREI"IE COL~T ID ~ 51785 AT/ORNEY FOR: Defendant Sea] of th~ Cou:-t'~ (Elf. 7'/97) Craig A. Kuhn, Plaintiff Joey L. Horrison, Jr., Defendant 14o. -2002-69!9 TO: SUBPOENA TO PRCODCE ~EICfS OR 't~tl t,}~Lfg FOR DtSCOVFR__y PURSUANT 'fO RULE 4009.22 Dr. Joseph Bzazel and ~msland Associates (Name of Pecson or Entity) Within twenty (20) days afte~ service of this subpoena, you are ccderedbythecoumt to produce the following ~ts o~ things:any and all medical records, reports, correspondence, diagnostic test results pertaining to Craig A. Kuhn SSN: 161-58-0952 DOB: 10~30/68 at Goldberg, Katzman & Shipman, 320 Market St., P.O. BO~ 1268, Harrisburg, PA 17108-1268 (~ddress) Y.~ ~ay deliver or rr~it legible ccoies of the docunents or produce things requested by this subpoena, tosether with the centificate of cowoliance, to the pa~tymaking this request at the address listed above. Y~d have the right to seek in advance the reasonable cost of prep~ing the copies or producing the things sought. If yo~ fait to produce the docunents c~ thin~s required by this subpoena within twenty (20) days afte~ i£s service, the panty serving this subpoena may seek a court o~der cor~ellir;9 you to comoty with it. THIS SUBPOENA WAg ISSUED ATTHE REQUEST OF THE FOLLOA'INGPERSON: NAMe: Jefferson g. Shipman, Esquire ADO~E$S: ~oldberg, Katzman & Shipman, P.C. ~0 ~arke~ Sr., P.OT--Box i268 - TELEPHO~E: 717-234-4161 SUPRE]~ COURT ID ~ 51785 AimfORN~Y FOR: Defendant Seat of {he Oo~:'t Prothonotary/Ct~. k, fidjb-i i Division (Elf. 7/97) Craig A. Kuhn, : Plaintiff : : v. : File Joey L. Morrison, : Defendant : 2002-4919 TO: Carlisle Hospital SUBPOENA TO P~COLK)E DOCt~Et~TS O~ TH I F__.OR DtSCOVER_~y PURSUANT TO RULE 4.009.22 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are o~dered by the coumt to produce the following ckx~m~ts or things: any and all medical records, reports,_.correspondence, diagnostic test results pertaining to Craig A. Kuhn SSN: 161-58-0952 DOB: 10/j0/68 at Goldberg, Katzman & Shipman, 320 ~arket St~ P.O. Box 1268, Harrisburg, PA 171O8--17gR ~ may deliver om mail }egible co~ies of the docm~:qts or produce things requested by this subpoena, to~ether with the c~tificate of ~li~ce, to the p~ty~in9 this r~uest at the address listed ~ve. Y~d have the riCt to s~k in advice the feasible cost of prepping the ~ies or pr~ucing the things s~ght. If ym fail ~ pr~uce the ~nts ~ things re~ired by th~s subm~ within twenty (20) days aft~ i~s s~vice, the p~ty serving this sub~ena~y seek a ~e]lir;g y~ ~ mly with it.. ~tS ~~ WAS tS~D AT ~E RE.ST ~ ~ F~L~I~ PER~: N~: Jefferson J.S~i~, ~ESS:~2O ~~, ~ Ba~sbu~g, PA 17108-1268 ~LEP~4E: 717-234-4161 ~R~ ~T ID ~ 51785 Sea ] of (Eff. ~/gT) Craig A. Kuhn, : Plaintiff : V. Joey L. Morrison, : Defendant : TO: Holy Spirit Hospital S__L,'BPOE},b'z TO PROOOC:~ DOS~b,q-S OR TH I t~o~'S FOR DI~SCOVER__._y PURSUANT 'TO RULE 4009.22 (N~neof Person or £ntity) Within twemLy (20) days afLe~ service of this subpoena, you are ocderedby the cou~t to produce the fo]lo~Jm9 doctments or things: any and ail medical records, reports, corr~espondence, diagnostic test results pertaining to Craig A. Kuhn SSN: 161-58-0952 DOB: 10/30/68 at Goldberg, Katzman & Ship_man, 320 Market St., P.O. Box 1268, Harrisburg, PA 17108-1268 ~u ~ay de]ive~ c~ mai] legible co~ies of the docunents or produce things requested by this subpoena, togeth6~ with the certificate of compliance, to the party making this request at the addr.ss listed above. Y~d have the ~ight to seek 5n adva~.ce the ~easonable cost of prepaj~iDg the ex>pies or producing the things sought. If you fait to produce the dOcLments or things required by this subma within twenty (20) days afte~ i~s service, the pa~ty serving this subpoer~amay seek a court orde~ cov~e]tir;g you to crm~ty with it.. THIS SUBPOENA WAS ISSUED ATTHE REQUEST OF THE FOLL(OB/INGpER.gON: NAME: Jefferson J. Shipman, Esquire ADORESS: Goldberg, a zman mpman, .C. --B20-M~q~ke__t St_~ ~P~-O-~BmL1268_ Harrisburg, PA 17108-1268 TELEPHONE: 717-234-4161 SUPREI'~ OOL~T ID ~ 51785 ATTORNEY FOR: Defendant DATE :_ Sea 1 o~ Prothonotary/C t e~k, Ciy~ivis ion (Eff- Craig A. Kuhn, : Plaintiff : Joey L. Morrison, : Defendant : FS)e No. 2002-4919 TO: Tristan Associates SUBPOENA TO P~ODUC:E ~EkrfS OR TH I t,~o-~-'g, FOR DISCOVER__Y PURSUANT TO RULE 4009.22 (Name of Pecson or Entity) Within twenty (20) days afte~ service of this subpoena, you are omdered by the ooumt to produce the following ~ts o~ thimgs: any and ail medical records, reports, correspondence, diagnostic test results pertaining to Craig A. Kuhn SSN: 161-58-0952 DOB: 10/30/68 at Goldberg, Katzman & Shipman, 320 Market St., P.O. Box 1268, HarrisburA, PA 17108-1268 (Add~ess) You may deliver or mail legible comies of the d~c~rnents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the addrmss listed above. You have the right to seek in advance the reasonable cost of preparing the cx>pies or producin9 the things sought. tf y~a fail to prc~Juce the documents or things required by this subpoena within twenty (20) days aftem its service, the party serving this subpoena may seek a court o~der ccrn~Setlir;9 you to c~roly with it.. ' THIS SUBPOENA WAS ISSUED AT I~E REQUeST OF THE FOLLOWING PERF.)N: N~d~E: Jefferso~ ~. SA~pman, Bsquire AI~ESS:--~0-~"~ St_~ P_O~_ TELEP}~C~E: ?17-214-41~1 S~JPRE~ OCXJRT ID ~ 51785 At-TORNEY FOR: Defendant Sea I of ~ rothor~tary/C terk, Ci~ivision (_ ~t~ (Elf- 7/97) Jefferson J. Shipman I.D. #51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant, Joey L. Morrison, Jr. CRAIG A. KUHN, Plaintiff JOEY L. MORRISON, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4919 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERV/CE OF A SUBPOENA PURSUANT TO RUI,E 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice Of Intent, including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoenas has been received, the twenty day waiting period was waived; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. Date: GOLDBERG, KATZMAN & SHIPMAN, P.C. J. Shipman, Esquire Attorney I.D: # 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a tree and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class postage prepaid, at Harrisburg, Pennsylvania, on the [~ ~cfi · day of ~Dr, ] ,2003, addressed as follows: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 GOLDBERG, KATZMAN & SHIPMAN, P.C. J. Shipman,'Esquire Attorney I.D. # 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant Jefferson J. Shipman I.D.//51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street ?.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant, Joey L. Morrison, Jr. CRAIG A. KUHN, Plaintiff JOEY L. MORRISON, JR., Defendam IN THE COURT OF COMMON PLEAS OF CUM]3ERLAND COUNTY, PENNSYLVANIA NO. 2002-4919 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED TO: NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RUI JE 4009.21 Craig A. Kuhn and Michael A. Scherer, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 PLEASE TAKE NOTICE that Defendant intends to serve one subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. Date: GOLDBE,~ KATZMAN & SHIPMAN, P.C. · By ~ Jefferson J. Shipman, Esquire Attorney I.D. # 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, certified postage prepaid, at Harrisburg, Pennsylvania, on the [ [ '~ day of ~/~rJ ] ,2003, addressed as follows: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 By Jefferson J. Shipman, Esquire Attorney I.D. # 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant Craig A. Kuhn, Plaintiff Joey L. Morrison, Jr., Defendant COUFtC-.FY OF OJi,~G~O~) Fi le N0. 2002-4919 SUBPOENA TO PR~TO"'M~ DOCUI~S OR TH I t,Y~S FOR D I SOOVERY PURSUANT 'fO RULE 4-009.22 TO: Dr. Michael Oplinger, Appalachian Orthopedic Center LTD (Name of Person or Entity) Wi%bin twenty (20) days aftem service of this subpoena, you me o~deped by the court to produce the following ~ts o~ things: any and ail medical records, reports, correspondence: diagnostic test results pertaining to Craig A. Kuhn at Goldberg, Katzman & Shipman, 320 Market St., P.O. Box 1268, Marrisburg, PA 17108-1268 (Address) Yc~ r~y delive~ or mail legibte copies of the d~ccments or produce things requested by this subpoena, together with the certificate of compliance, to the pa~tym~king this request at the address tisted -~bove. You have the right to seek in advert, ce the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the doctments c~ things rec~ired by this subpoen~ within twenty (20) days after i~s service, the p~ty serving this subpoena may seek a court c~der co~ellir;g you to ccmply with it. THiS SOBPOt~NAWAS ISSUED AT T~E REOL~STOF %~E FOLLOA'II~PERSON: NAMe: Jefferson J. Shipman, Esquire ADDRESS: Goldberg, Kat~an & Shipman, P.C. ---3~O-Market St, M.O.Box i268 TELEPHONE: 717-234-4161 SLtC~EI~ COJRT tD ~ 51785 ATTORNEY FO~: Defendant DATE: sdal of the BY THE COb~T: Prothonotary/Clerk,' ~2~ri- Division (Eff. 7/97) CRAIG A. KUHN, Plaintiff V. JOEY L. MORRISON, JR.,: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- 4919 CIVIL TERM CIVIL ACTION-LAW JURY TRIAL DEMANDED P~ETITJON FOR APPOINTMENT OF J~RBITRATORR TO THE HONORABLE, JUDGES OF SAID COURT: Michael A. Scherer, Esquire, counsel for the Plaintiff in the above-captioned action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is ~./~c~ c,~a The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Jefferson J. Shipman, Esquire, Goldberg, Katzman & Shipman, P.C., 320 Market Street, Harrisburg, Pennsylvania 17108. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A. Scherer I.D. # 69174 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 CRAIG A. KUHN, Plaintiff V. JOEY L. MORRISON, JR.,: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- 4919 CIVIL TERM CIVIL ACTION-LAW JURY TRIAL DEMANDED ORDER OF COURT AND NOW, ,,:?,//~/_~/<2.~ ,200~4, in consideration of the foregoing petition, ., Esq. and~/~, are appointed arbitrators in the above-captioned action as prayed for. BY THE COURT, v ?-j. CRAIG A. KUHN JOEY L. MORRISON, JR. iN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 02-4919 CIVIL TERM IN RE: APPOINTMENT OF ARBITRATORS ORDER OF COURT AND NOW, MARCH 23, 2004, the appointment of Wayne Shade, Esquire, as chairman of the arbitration panel in the above-captioned matter is vacated, and Ruby D. Weeks, Esquire, shall be appointed in his stead; James Robinson, Esquire, and Christopher Rice, Esquire, shall remain as arbitrators. By the Court, /~/Vayne Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 v~5,uby D. Weeks,Esquire 10 West High Street Carlisle, PA 17013 ~ichael Scherer, Esquire 19 West South Street Carlisle, PA 17013 v~l. efferson J. Shipman, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street Harrisburg, PA 17108 Jefferson J. Shipman, Esq. I.D. %51785 JOHNSON, DUFFIE, $~WART & WEIDNER 109 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendant CRAIG A. KUHN, : Plaintiff : JOEY L. MORRISON, JR. : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 2002-4919 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE change the address and telephone number for Jefferson J. Shipman, Esquire, attorney for the Defendant, to: Johnson, Duffie, Stewart 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 & Weidner Telephone: (717) 761-4540 JOHNSON, DUFFIE, STEWART & WEIDNER ~7~.e~51~78~. Shipman, Esquire 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4550 Attorneys for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on April 6, 2004: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4550 Attorneys for Defendant CRAIG A. KUHN, PLAINTIFF JOEY L. MORRISON, DEFENDANT ) ) ) ) ) ) ) ) In the Court of Conumon Pleas of Cumberland county, Pennsylvania No. O2-W',' Il Civil Term OATH We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will >.dis~arge,.~the duties of our office with fidelity. We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated) ~ C~hai .rn~pn AW^p 6// · Date of Hearing:. · Arbitrator, dissents. (Insert name i:f applicable.) .... .,~ d~ ,- __ _ Claairman Date of Award: {~ , /~~.~ NOTICE OF ~gNTRY OF/AWARD Now, the~ dayof 3~ ,200C~,atl6'.'~ ,~.M.,theaboveaward by ' to the partieg or th 'r att ey. was entered upon the docket ~nd notice thereof given (~1~ T~ Arbitrators' compensation to be ' Prot ry Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant CRAIG A. KUHN, V. JOEY L. MORRISON, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-.~'co-2-7 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: PLEASE enter Judgment in favor of the Defendant based upon the attached Arbitration Award of June 3, 2004, DATE: '~ /-..~- O :232274.~'~ /~ Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant CRAIG A. KUHN, PLAINTIFF JOEY L. MORRISON, DEFENDANT In the Court of Common Pleas of Cumberland county, Pennsylvania No. 02-v 7 Civil Term OATH We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will >~ dis~l~arge the duties of our office with fidelity. t~. ~-~ ~ AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall l:~"~parately stated) · Arbitrator, dissents, (Insert name if applicable.) Date of Award: ' irman NOTICE OF ~NTRY OF/AWARD Now, the '3 day of J ~ ,200¢ at ~b~._~, /Of. M., the above award was entered upon the docket and notice ~ereof given by ' to the p~ies or th 'r a~ ey. Arbi~ators' compensation to be a B CERTZF~C,4 TE OF SERI~ZCE ,AND NOW, this,/,~ da4~ , 2004, the undersigned does hereby certify that he did this date serve a copy of the f~egoin{] document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: MichaelA. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 ,Attorneys for Plaintiff J~HN~ON, DUFFLE, STEWART & WEIDNER ~' ~Je~erSo~ ~] 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant :232276.1