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HomeMy WebLinkAbout96-05935 ',',"" ,1 ':'.0':;,"';; Jftl/) . 1 '?\'ia :~-'7. :' :w J~/\': ~ ..:t >- i t M 1-- @ r .. .'~ '&.1 ]. ,- 9 :~.:;s () - (i; .'- '.)~:!.. ~ (J "'" D ()o c !~ I't. en a I() LO c., N .w ~ . 00 -I' ' t- 16; If) lil -r ~~ :1~ -::t u :,j:O ':r <;:I rt1 - t.'. j .., U ,n 11 0' ,..) 1\ j c::t:. cJ . , Commonwealth of Pennsylvania County of Cumberland Alonzo F. Evans and Geraldine L. Evans 1414 South 14th Street, Harrisburg, PA 17104 Vs. Pennsylvania Deparbnent or Transporta tion 17th & Arsenal Blvd., Harrisburg, PA and Gary P. Hanlin, 625 West Main Street, Court 01 Conunoll Pleaa No, __<Jli:.:i.<JJ~__Cj,yiLTem________ .____ 19.... In CJ.~U_ A<;~J,Qn_=_J&W____ _______nu._______ 17120 Mechanicsburg, PA 17055 To .!'!JJllJ~YJ.~I}[lj.-'L~P..<!.{P.mllt_9_LTrAAlilP9.h.tation and Gary P. Hanlin You af! hereby notified thaI .______.__._____._____________._~~~~o_i:~_~ru1_~r~j,~.L._~a~___._.__________________._ the Plainlifls haVe commenced an aClion inCivll.Action_Law.___u__u______u_nu_u___uu_____ againn you which you are required to defend or a default judgmenl may be enlered againn you, (SEAL) Lawrence E. Welker .--..-------.-.----p~~~~~t;~------------------- I>ale ____~~9~_~_~~~_~___________ 19~~__ By __J-:.~:::_J?_r.2l!?~~_0._,-Q2~L Deputy . .' ~ fo :;:j ~ . ..J I i !1l~ _ ~ .~ ~] o - 8 ij ~ iii ' .... o ~ I .S 3 I 1 C .Q ij~ : V,l ~ Wi I ~ I ~t~ i:lUl..... t- 8j&~ .~ t- o -!Xl 011 ..;:5~~ i~'ir:- en..... ..... 00 t- ,..,..... - If !< I I I I I I I I I III M CII III 1 loll CII ~ . ,. ALONZO F. EVANS and GERALDINE EVANS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : CIVIL ACTION - LAW PENNSYLVANIA DEPARTMENT OF TRANSPORTATION AND GARY P. HANLIN, Defendants : NO. 96-5935 PRAECIPE FOR RULE TO FILE COMPLAINT Please enter Rule upon the Plaintiffs, above captioned. to file a Complaint against the Defendants, Pennsylvania Department of Transportation and Gary P. Hanlin, within twenty (20) days after service of this Rule, or suffer judgment of non pros. Respectfully submitted. BY: THOMAS M. CORBETT, JR. }\:'ffL MARK E. MORRISON Senior Deputy Attorney General YOU ARE HEREBY RULED to file a Complaint against the Defendants, Pennsylvania Department of Transportation and Gary P. Hanlin, within twenty (20) days after service hereof, or suffer judgment of non pros. DATED: I1II S' Jqlt 1.-/ ... lJ.j&1 dnUJ(t'O(J.!. C, ' ur PROTHONOTARY l~{.,- [) 'Y\.b.~j\\O('n ~l .. . . :0 CERTIFICATE OF SERVICE .t, I hereby certifY that I am this day serving the foregoing document(s) upon the person(s) and in the manner indicated below: " I ; SERVICE BY FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: Joseph J. Dixon, Esquire 101 South Second Street Harrisburg, P A 17101 RESPECTFULLY SUBMlTfED: THOMAS W. CORBETT, JR. ATTORNEY GENERAL i. By:l~ q, L., MARK E. MORRISON SENIOR DEPUTY A TfORNEY GENERAL ATTY. 1.0. #43875 COMMONWEALTH OF PENNSYL V ANlA OFFICE OF ATTORNEY GENERAL TORTS LITIGATION SECTION 15111 Fl. - STRAWBERRY SQUARE HARRISBURG, PA 17120 (717) 783-1683 DATED: November 15,1996 .,.. c> '- l,; (r. ,O' ~~ ...,: C\ ,~ Iii. c ~t, . ....' ,,- ~_l '1 (' " ;:'1 f?( l'tJ ,. , , , ;:-~. i u.;! I ( ; -- -- 1I ,:") ) L , (~'.. -' ., -..... -, '- SH~RIFF'S RETURN - NOT FOUND CA=~ NOI 199G-05~35 P COMMONWEALTH Or P~NNSYLV^NIAI COUNTY OF CUllIH:RLAND ~V^~S ALONZO F ET AL VS. P~NN~YLYANIA DKPT Or TRANSPORT _fl,,_,..ThlJ!JIJil,S, ..1<1 tf\e ., , ,..,. Sheriff, vho being duly svorn according to lav, says, that he made a diligcnt search and inquiry for the vi thin named defendant, to vitI JJAN[.II:I..I3AHY P '..... _. . ...___.....,..__... but VBS unBbl~ to locate Him in his bQilivick. He therefore returns thc !'I!lH,....PL!;J,IjII!,!ON!:?.._ m... ..... _.,._ _,...... _.__..__.... _.......,............_........_ NOT YO!JND J as to the vtthin named def~ndant IlANt,:I.N_I~XLe.... ...___.__... , T_~~~LyJ::.AU.l':l1pT!;.. AL_S.J;~'!'..,{P: W~;R~: MAD~;. BUT WE WERE UtiMlJ,JLTl:lJ..QGATILoF;F.J.I\'T ABOV~: ADDR~:SG. PAPER EXP. Sheriff's Costs: Docketing Service Af:Udavi t ~;urcharge 6.00 12.40 .00 2.00 $7.0.40 s02~.I<;j //>:. I '_~;,.,.;-tYf;:-~ ~ Thomas Kline, Sheri!! JOSEPH J. DIXON 12/02/ 1995 Svorn and subscribed to before me this ..,5. t!:- . dQY of /J.t(,...J.. .-' t':1 C'/(,_ A. D. (l ''-"- Q, 1vwt.L....- ~k' ~ 'Protnonotary 7 , ~ .....- -. '- . , \ Office of the Sheriff Mary Jal"e Snyder Agel fSllto OU:luly Ralph a. McAllister r;"luf Dnpu'y !\t.lchnel W. Rlne~latl Allnisltml Chief D8J:1I1'} William T. Tully 501l:lIor Duuphin Goun:y Hllrrisburo, Plln(lf,~I\'onla 111 Q1 (/11) 2[5.2d60 J. R. Lotwick Sheriff COMMONWEALTH OF PENNS\LVANIA COUNTY OF DAUPHIN SHBRIFF'S RETURN No. 0370-T - - -96 OTHER COUNTY NO. 96-5935 AND NOW. Novembel' 4, 1996 at lQ'~ served the within WRIT OF SUMMONS upon DEPT. OF TRANS. by personally handing to WENDY HEBBRLIG - SUPERVISOR 1 true IIttested copy ( ies) of the original WRIT OF SUM:.lONS and making known to him/her the contents thereof at 17TH I'< ARSENAL BLVD. HARRISBURG, PA 00000-0000 Sworn anc Dubscribed to ~~~ore me this 4TH da"Ol NOVEMBER, ~r.;-;rl. . \ ,.j VI) -'t.!l/lu c.. ftvv~ PROTHONOTAR S~7!;;M ~eriff of Dauphin County, Pa. 1996 BY_~~nw~ DEPUTY SHERIFF Sheriff's Costa I $31.50 PD 11/01/96 RCPT NO 085710 TS ,~.~~.. li1 The Court ci C::rnmo:l F!e::s . , Alonzo F. Evans and Geraldine L. 'IS. The Attorney General ... " "'1 I .....'..-"\~l......... I ''''-'''1 '"-_....-...... _".... .......,'-',., I I Psnr:syl'lc:r.i :: Evans ~o. 96-5935 civjl Term ::- ~OW, Oct. 30. 1996 ~9_ 1. s:~~= o=' C~GZ:=...:!...A...'fD COt.~':'Yt ?o\.., co . . c!:: ' . ---.v =- ...... ..--, r - -- S-=:-=E ol Dauphin Cwu:q :.:I ::::::".:t.: :is ".V:=,.., J.... . \". .: . ::::s ~u==--:s. ...~ ~ :Lt == :-::::~ ::.d :=.:k of ?,.,:-:.:. :.:: _-..:-....1"/,//'/ ... ",V:~, 7' ,;;".-':';;"'l~r-t{"::_ (l.,.....~:t-o,.r.:....t'.- $:e..-~ =~ C=:::er..:L:d. CJU:t1, ?:. . ASda.vit or Se:-n~ Sa ~-W~_ :~__.;o ci C:nmrt', P:. 5we:: ::c!. s:.: :-r-J:ed b::C": ==:=.:.s_C:...,=i c::lSTS Sz:l."nc::: ~a:r.;:.l.C:: s ,0 ..- .~:wJ.J.....,u ---'-- s r_.~ ort: ':. ,..,' ~r" ',; f;; OCT 30 7 59 All '95 I'i ,: .' I ~ :;:j .~ u . "" QJ ~ j ~ l!!~ Itl.~ G'i ..:!j f>.,C o . ~ l!! ~~ - I ! I , a 6 .~ I .~~ ~ 2i~~ f~ g .... o , , I , , , , 1 1 ~l 'I 61 '..., .j.J, u' <I ""I ...., >, ....' ul , , I .S I rn In I"l '" In I \D '" I ! I I , , 1 , I , I I ~ ~::~1 ~E' ~'.El r!~j.; ~ (',..'. o. . 11;\ .j.J ~~.... 8l1ll~ " 6~~", .~!.l ~ Q us . CJJ ~, ..;BB~ '8.~.:!j :: QJ I-< " ~8 Ol~ ~""":r:_ i ~ ALONZO F. EVANS and GERALDINE L. EVANS, his wife, PlaJntiffs v. I IN THE COURT OF CPMMON PLEAS I CUMBP.RLAND COIJNTY, PENNSYLVANIA I I NO. 96-5935 I I CIVIL ACTION - LAN I JURY TRIAL DEMAND~D PENNSYLVANIA DEPARTMENT OF TRANSPORTATION and GARY P. HANLIN, Defendants NOT ICE YOU "AVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you mUHt take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TillS 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. . COURT ADMINISTRATOR Cumberland County court Ho~se Carlisle, PA 17013 (717) 240-6200 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las Department of Transportation, is 17th and Arsenal Boulevard, Harrisburg, Dauphin County, Pennsylvania, 17120. 3. ~he Defendant, Gary P. Hanlin, is an adult individual who resides at 625 West Main street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. At all times material hereto, the Defendant, Gary P. Hanlin, was an employee of the Defendant, Pennsylvania Department of Transportation, and was acting within the scope of his employment at the time of the accident. 4. The facts and occurrences herein took place on November 1, 1994, on Route 581 westbound in Lower Allen Township, Cumberland County, Pennsylvania. 5. At aforesaid time and place, the Plaintiff, Alonzo F. Bvans, was in the course of employment and was driving a 1991 Ford club van owned by Keystone Service Systems Inc., a business organization with a principal place of business of 907 North Front Street, Box 550, Harrisburg, Dauphin County, Pennsylvania, 17110. 6. At aforesaid time and place, the Defendant, Gary P. Hanlin, was driving a 1988 Ford L-8000 truck westbound, and the Plaintiff, Alonzo F. Evans, was also traveling westbound behind the Defendant, Gary P. Hanlin'S, motor vehicle. 7. At aforesaid time and place, the Defendant, Gary P. Hanlin, lost control of his motor vehicle and it slid north 2 impacting the north guide rail causing it to spin clockwise approximately 90 degrees. 8. As a result of the sliding and spinning of the Defendant, Gary P. Han~in's, motor vehicle, the lane of traffic in which the Plaintiff, Alonzo F. Evans, was traveling in was blocked. 9. As a result of the sliding and spinning of the Defendant, Gary P. Hanlin's, motor vehicle, the plaintiff, Alonzo F. Evans, attempted to avoid the impact with the Defendant, Gary P. Hanlin's, motor vehicle, by switching to the left-hand lane. 10. As a result of the sliding and spinning of the Defendant, Gary P. Hanlins's, motor vehicle, the Plaintiff, Alonzo F. Evans', motor vehicle impacted with the Defendant, Gary P. Hanlin's, motor vehicle. 11. Said collision was due to the negligence and carelessness of the Defendants, which consist of the followingl (a) Careless driving, (b) Driving too fast for conditions, (c) Failure to keep a motor vehicle under control under the circumstances, (d) Failure to maintain a safe distance behind a motor vehicle in a lane of traffic, and (e) Unsafe lane change. 3 12. Thio accident wao in no way cauoed by the actions or conduct of the Plaintiff, Alonzo F. Evano. 13. At all times material hersto, the Defendant, Gary P. Hanlin, was within ths scope of his employment for the Defendant, Pennsylvania Department of Transportation. 14. As a sole and proximate result of the accident, the Plaintiff, Alonzo F. Evans, has suffered from severe and permanent injuries. These injurieo include, but are not limited to, lumbosacral strain/eprain, cervical strain/sprain, cervical radiculopathy, head injury, headaches, carpal tunnel syndrome, myofascial pain, herniated disc in the cervical spine, bilateral foraminal encroachment at the C3-4 level, cervical spondylosis, thoracic strain/sprain with post-traumatic stress disorder, depression, cervical brachial syndrome, lumbar subluxation and cervical hypolordorsis. 15. As a result of said injuries, the Plaintiff, Alonzo F. Evans, has undergone in the past and in the future will undergo great pain and suffering. 16. As a result of said injuries, the Plaintiff, Alonzo F. Evans, has been advised and therefore avers that he alwaye will have continuing problems and limitations on his activities. 4 17. As a result of said injuries, the Plaintiff, Alonzo F. Evans, is obliged to receive and undergo medical care, to spend various sums of money and incur various expenees for the injuries he has sufferod. The total amount of these losses is unaecertained at this time. 18. As a result of said injuries, the Plaintiff, Alonzo F. Evans, has lost substantial lost wages to date. In addition, he will continue to lose opportunities to earn additional lost wages. The total amount of lost wages is unascertained at this time. 19. As a result of said injuries, the Plaintiff, Alonzo F. Evans, in the future may have to incur additional financial expenses and losses, all of which are unascertained at this time. 20. As a result of said injuries, the Plaintiff, Alonzo F. Evans, has suffered substantial inconvenience in his life and a decrease in the quality of his life. WHEREFORE, Plaintiffs pray this Honorable Court enter judgment against the Defendants in an amount in excess of Thirty-Five Thousand ($35,000.00) Dollars, plus interest and costs of suit. COUNT I GERALDINE L. EVANS v. PENNSYLVANIA DEPARTMENT OF TRANSPORTATION and GARY P. HANLIN 5 VIlRI1"ICATION I verify that the .tatement. made in thie Complaint are true and correot. I understand that falee .tatemantl herein are made lubjeot to the penalty of 18 Pa. C.S. '4904, relating to unlworn DATIlDI December 6, 1996 , I " ... r-.J F:; -. t.u'."'..\ ("':Ii I ~ : : l.... 'I; .. ;":l fi' ! Ti. a , t: '.' ~ '. I L__ " . ,.... '.' .. , 6. Admitted, based solely on information obtained from the police accident report. 7. Admitted only, based solely on information obtained from the police accident report, that the vehicle operated by Defendant Hanlin slid north, impacted the north guide rail, and spun clockwise approximately 90 degrees. Any other averment or inference is denied, 8, Denied. After reasonable investigation, the Commonwealth Defendants are without sufficient knowledge or information to form a belief as to the truth of these averments. 9. Denied. After reasonable investigation, the Commonwealth Defendants are without sufficient knowledge or information to form a belief as to the truth of these averments. 10. Denied. After reasonable investigation, the Commonwealth Defendants are without sufficient knowledge or information to form a belief as to the truth of these averments. I I (a-e). Denied generally pursuant to Pa. R.C.P. 1029(e). 12. The averment contained in paragraph 12 is a legal conclusion to which no responsive pleading is required. If a responsive pleading is deemed to be required, it is specifically denied. 13. The averment contained in paragraph 13 is a legal conclusion to which no responsive pleading is required. If a responsive pleading is deemed to be required, it is specifically denied. 14. Denied. After reasonable investigation, the Commonwealth Defendants are without sufficient knowledge or information to form a beliefas to the truth of these averments. 15. Denied, After reasonable investigation, the Commonwealth Defendants are without sufficient knowledge or information to form a belief as to the truth of these averments, 16. Denied. After reasonable investigation, the Commonwealth Defendants are without sufficient knowledge or information to form a belief as to the truth of these averments. NEW MA TIER 24. The present action is controlled by the provisions of I Pa, C.S. ~2310 and Act No. 1980.142, set forth in 42 Pa. C.S. ~~850I, et seq., which Acts are incorporated herein and pled by reference. The Commonwealth Defendants assert all the defenses contained therein. 25. Should liability be found on the part of the Commonwealth Defendants, the amounts and types of damages recoverable in the present action are limited and controlled by 42 Pa. C.S. ~8528. 26. This action is barred by the applicable statute of limitations. 27. The Judicial Code at 42 Pa. C.S. ~5522(a), which section is incorporated herein and pled by reference, provides that the Commonwealth and the Attorney General must have received written notice of intent to sue within six (6) months from the date the cause of action accroeb. In the absence of such notice, this action is barred. 28. The aforesaid collision and resultant injuries were caused by the negligent, reckless, wanton, careless and/or grossly negligent conduct of Plaintiff Alonzo Evans, which consisted of the following: a. Operating his vehicle at a speed which was too fast for conditions then and there existing; b. Operating his motor vehicle Ilt a speed which was greater than would pennit him to bring the vehicle to a stop within the assured clear distance ahead; c. Perfonning an unsafe lane change; d. Operating his motor vehicle with a careless and reckless disregard for the rights and safety of others; e. Failing to keep a proper lookout for other lawful users of the highway; CERTIFICATE OF SERVICE I hereby certitY that I am this day serving the foregoing document(s) upon the person(s) and in the manner indicated below: SERVICE BY FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: Joseph J. Dixon, Esquire 101 South Second Street Harrisburg, PA 17101 1.'- , RESPECTFULLY SUBMITTED: THOMAS W. CORBETT, JR. ATTORNEY GENERAL BY: lW t. 2~ MARK E. MORRISON SENIOR DEPUTY ATTORNEY GENERAL ATTY. l.D. #43875 COMMONWEALTH OF PENNSYLVANIA OFFICE OF ATTORNEY GENERAL TORTS LITIGATION SECTION 15'" FI. - STRAWBERRY SQUARE HARRISBURG, PA 17120 (717) 783-1683 DATED: December 31, 1996 ~ 1". ~- '" . '"" .. ~ ~.t; r - .. - , ". l.' :.: <. J;t- " .... ")~j r. '. ( ."" r C'\J . ~t1 ". r l-:} .-~~...,; .' , ..j[iJ r' -"C ~;!..:L -, _2": ~ ,... ~.:) 01 U 28. Denied. Said averment is a conclusion of law which requires no response. To the extent, however, that a response is required, the Plaintiff, Alonzo Evans, was not negligent at all in this accident. a. Denied. Said averment is a conclusion of law which requires no response. To the tixtent, however, that a response is required, the Plaintiff, Alonzo Evans, always operated his vehicle ,at a speed safe for conditions. b. Denied. Said averment is a conclusion of law which requires no response. To the extent, however, that a response is required, the Plaintiff, Alonzo Evans, operated his motor vehicle within the assured cleared distance rule. c. Denied. Said averment is a conclusion of law which requires no response. To the extent, however, that a response is required, the Plaintiff, Alonzo Evans, did not make an unsafe lane change. d. Denied. Said averment is a conclusion of law which requires no response. To the extent, however, that a response is required, the Plaintiff, Alonzo Evans, was not careless or reCKless in regards to the safety of others. To the contrary, the Plaintiff, Alonzo Evans, took all possible steps to avoid serious loss of life. e. Denied. requires no response. Said averment is a conclusion of law which To the extent, however, that a response is . required, the plaintiff, Alonzo Evans, did keep proper outlook for lawful users of the highway. f. Denied. Said averment is a conclusion of law which requires no response. To the extent, however, that a response is required, the Plaintiff, Alonzo Evans, kspt his vehicle under control enough to avoid serious loss of life. g. Denied. Said averment is a conclusion of law which requires no response. 29. Denied. Said averment is a conclusion of law which requires no response. To the extent, however, that a reAponee is required, the Plaintiff was not negligent in any manner in this accident. WHEREFORE, Plaintiff prays this Honorable Court enter judgement against the Defendants in an amount in excess of Thirty- Five Thousnd ($35,000.00) Dollars, plus interest and costs of suit. Respectfully submitted, /'/7 .r~Ph J.~,~uire 101 South Second Street Harrisburg, PA 17101 (717) 233-8743 Attorney for Plaintiffs . VllRIFICATION I verify that the statements made IVe.v-I M/rfk II' are true and correct:. in t.hbJ "0//'/ f-d I undentand that fa lee statements herein are made subject to t.he penalty of 18 fa. C.S. 54904, relating to unsworn falsificat.ion to aut.horities. DATBDI 91 tj 1') ~ . VI!:RIFICATION I verify that the statements made P.g," M I fle/' are true and correct. in thisJI!! (/I'y I I understand that t", false statements herein are made subject to the penalty of 18 Pa. C.S. 54904, relating to unsworn falsification to authorities. DATI!:DI ?If I 1/1 '.~M\.~~~... ~~\JVC). I , CERTIFICATE OF SIRVICS I, Joseph J. Dixon, Esquire, do hereby certify that I have thi8 day 8erved a true and correct copy of the within Reply to New Matter by United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as followS1 Office of Attorney General Mark E. Morrison, Senior Deputy Attorney General Torts Litigation Section 15th Floor - Str8wber~y Square Harrisburg, PA 17120 Attorney for Defendants t".r Dated1 February 'I' , 1997 .... \.:, r" I It,!: . \ I.. ", ( ), C " l, , , .- I' L', , U c, ',) ..... In cr .' 1.."; ~ c",: '-', LU.:.-. " (,~ :1: " . <t;, , :~~i ~r, "- )'-' !i) f:j .ll I.~ ,. --II .' L.;.:.! r: 1(,] r;, 4, 'u.. .... "- I"- ., (.) ~ () \, .... .. . (e) Identify each person from whomlhe documents were received; (I) State the present location of thc document and all copies thereof; (g) Identify each person who ha~ ever had possession, custody or control of it or a copy thcreof; and (h) Provide sufficient infonnation concerning the document and the circumstances thereof to explain the claim of privilege and to pennitthe adjudication of the propriety of that claim. DOCUMENTS REQUESTED I. All statements, signed statements, transcripts of recorded statements or interviews of any person or witness relating to, referring to or describing any of the events described in the Complaint. 2. All expert opinions, reports, summaries or other writings in your custody or control or your attorney or insurers, which relate to the subject matter of this litigation. 3. All documents prepared by you, or by any insurer, representative, ngent, or anyone acting on your behalf, except YOUI' nttomey(s), during the investigation of the incident in question or any of the events or nllegntions described in the . Complaint. Such documents shall include any documents made or prepared up through the present time, with the exclusion of the mental impressions, conclusions or the opinions respecting value or merit of the claim 01' defense or respecting strategy 01' tactics. 4. All photographs of any item or thing involved in this litigation. 5. All statements and/or transcripts of interviews of fact witnesses obtained in this matter. 6. All documents which you intend to rely upon or introduce at trial of this litigation. 7. A list of the names and addresses of all expert and non-expert witnesses you intend to use during the trial of this ca~e. NOTE: As referred to herein, "document" includes written, printed, typed, recorded 01' graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, contracts, agreements, notes, memoranda, analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes of meeting, 01' any other writing (including copies of any of the foregoing, regardless of whether you are now in possession, custody or control of the original) now in your possession, custody or control, your fonner 01' present counsel, agents, employees, oflicers, insurers, or any other person acting on your behalf. By: oseph J. ixon, Esquire 126 State Street Harrisburg, PA 17101 (717) 236-RS15 Attorney for Plaintiff CERTIFICATE OF SERVICE ~;;~~ 126 State Street Harrisburg, PA 17101 (717) 236-R515 I hereby certify that I served a copy of the foregoing document by depositing the same in the United States mail, First Class, postage prepaid, at the following addressees): Daniel R. Goodemote, Sr. Deputy Attomey General Commonwealth of Pennsylvania Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Attomey for Plaintiff ) ~J tJl; IQf: , { Date: >- cn (~ cr; (v: " .'- " ; C', - .r IJr,_. J ().' t'l L., (l};-' ,- OJ""; ~; -, ,.... ,-.") h,. , iI-J, ! ~~: "~ . , ~ i ~ L.. ;; 1.1. I"::: ':'j 0 U. U \ ,.. ALONZO EVANS and GERALDINE EVANS, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs : CIVIL ACTION .LAW V!I. PENNSYL VANIA DEPARTMENT OF TRANSPORTATION, Defendant : No. 96-5935 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT IQ.B.l.!l.f 4009.21 Commonwealth of Pennsylvania, Department ofTrnnsportation, Defendant intends to serve a subpoena identical to the one that is anached 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: 1 /z./99 ~r:JP I<~ Daniel R. Goodemote Sr. Deputy Attorney General Anorney for the Commonwealth Defendant r" (!) : - v: , , , , " " r, '-J I " j ::. , "- II ('TI > . 1.;'1 " .... ' ~ ~ ALONZO EV A:-;S and GERALDINE EVA:-;S, : IN TilE COURT OF COMMON PLEAS : CUMI3ERLA1\D COU:-;TY, PENl'<SYL V AN[A Plaintiffs : CIVIL ACTION . LAW \'s. PE1\l\SYL VANIA DEPARTMENT OF TRANSPORT A T[ON. Defendant : No. 96.5935 SUBPOE:'olA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009,12 TO: Argonaut Insurance Company One Presidential Blvd. Suite 210 Bala Cynwyd, P A 19004 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things at the Office of Attomey General, Torts Litigation Unit, 15th FI. Strawberry Square, Harrisburg, PA 17120: All documents in your possession regarding Alzono Evans, including but not limited to the Workmen's Compensation claim file relative to an incident on or about 11/1/94. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certification of compliance, to the party making this request at the address listed above. You have the right to seek in advance the rellSonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Daniel R. Goodemote, Sr. Deputy Attorney General, Office of Attomey General, Torts Litigation Unit, 15th Floor, Strawberry Square, Harrisburg, PA 17120. BY THE COURT: DATE: Prothonotary ,. ,.... t: j':- .........: , (',; ~ ) <. j ;, l/,l , ~'-.: . .' " :1! ~ , ". , ,:n "j C- , ( ) . -.