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Stephen E. Geduldig, Esquire
Attorney W. No. 43530
THOMAS, THOMAS & HAFER, LLP
305 North Front Street
Post Office Box 999
Harrisburg, Pennsylvania 17108
(717) 237-7100
E-Mail: sea@tthlaw.com
Attorneys for Defendants:
NEIL DOUGLAS LEFEVER and NORTH & SOUTH LINES, INC.
TONI K. BAUM,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNA
v.
NO. 2000-579 CIVIL TERM
CIVIL ACTION -- LAW
NEIL DOUGLAS LEFEVER and
NORTH & SOUTH LINES, INC"
Defendants
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Stephen E. Geduldig, Esquire, and Thomas,
Thomas & Hafer, LLP, as attorneys for Defendants, Neil Douglas Lefever and
North & South Lines, Inc., in the above-captioned matter, reserving our right to
answer or otherwise plead to Plaintiffs Complaint,
Respectfully submitted,
THOMAS, THOMAS & HAFER, LLP
:86883~( -vd CO
By:
STEPHEN E. GEDU DIG, ESQUIRE
Attorney LD. No, 43530
Attorneys for Defendants,
NEIL DOUGLAS LEFEVER and
NORTH & SOUTH LINES, INC.
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was
served by depositing the same in the U~}-States Mail, postage prepaid, at
Harrisburg, Pennsylvania, on thd f t/; day of February, 2000, on all counsel of
record as follows:
Michael A. Scherer
O'BRIEN, BARIC & SCHERER
17 West South Street
Carlisle, Pennsylvania 17013
Attorneys for Plaintiff
THOMAS, THOMAS & HAF R, LLP
Rosa B. Kulp, Secretary :86885.1
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TONI K. BAUM,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.20bO Si7?
CIVIL TERM
NEIL DOUGLAS LEFEVER and
NORTH & SOUTH LINES, INC.,
Defendants
CIVIL ACTION-LAW
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 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 THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
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TONI K. BAUM,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 20q() - 51 'I
CIVIL TERM
NEIL DOUGLAS LEFEVER and
NORTH & SOUTH LINES, INC.,
Defendants
CIVIL ACTION-LAW
COMPLAINT
AND NOW, comes the Plaintiff, Toni K. Baum, by and through her attorney,
Michael A. Scherer, Esquire, and respectfully represents as follows:
1. The Plaintiff, Toni K. Baum, is an adult individual residing at 2536 Ritner
Highway, Lot # 104, Carlisle, Cumberland County, Pennsylvania 17013.
2. The Defendant, Neil Douglas Lefever, is an adult individual who resides
at P.O. Box 186, Route 11, Fairfield, Virginia 24435.
3. The Defendant, North & South Lines, Inc., is a Virginia Corporation with a
principal place of business located at 2710 S. Main Street, Harrisonburg, Virginia,
22801.
4. The facts and occurrences hereinafter related occurred on or about
February 8, 1998 at or about 10:22 p.m. on Interstate 81 north of the Exit 13 on-ramp in
the northbound lanes of travel in South Middleton Township, Cumberland County,
Pennsylvania.
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5.
At the aforesaid time and place, Plaintiff was traveling north on Interstate
81 when she was struck on the driver's side of her vehicle by a tractor trailer being
operated by Neil Douglas Lefever, which collision caused the Plaintiffs vehicle to spin
360 degrees.
COUNT I - NEGLIGENCE
Toni K. Baum v. Neil Douglas Lefever
6. The aforesaid accident was a direct and proximate result of the
negligence of the Defendant, Neil Douglas Lefever in that he:
a. failed to keep his vehicle entirely within his own lane of travel;
b. improperly attempted to overtake the Plaintiff's vehicle on the left;
c. operated his vehicle too fast for the conditions of the roadway and
the traffic on the roadway;
d. failed to be highly vigilant when passing the Plaintiff's vehicle;
e. failed to see and avoid the Plaintiff's vehicle which was being
operated lawfully on the roadway;
f. failed to have his vehicle under proper control and to overtake
and/or change lanes safely around Plaintiffs vehicle;
g. failed to properly apply his brakes in time to avoid striking
the Plaintiff's vehicle; and,
h. operated his vehicle in a careless manner.
7. As a result of the aforesaid accident, Plaintiff suffered serious and
permanent injuries, which include the following:
,
1\
a.
b.
c.
d.
e.
f.
g.
lumbar strain;
multiple neuropathies (mononeuroites multiplex);
multiple left hand abrasions;
neck and chest abrasions;
cervical'strain;
severe shock to nerves and nervous system;
depression.
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8. As a result of her injuries, Plaintiff was forced to receive medical
treatment and physical therapy and she will continue to need medical treatment in the
future for her injuries.
9. As a result of her injuries, Plaintiff missed approximately twelve weeks
from her employment as a licensed practical nurse and suffered a permanent
diminution of earning power and capacity.
10. As a result of the aforesaid accident, Plaintiff has in the past and in the
future will undergo pain and suffering, loss of life's pleasures, inconvenience and
anxiety.
WHEREFORE, Plaintiff demands judgment against Neil Douglas Lefever for
damages, costs and delay damages in an amount in excess of the limits requiring
compulsory arbitration.
COUNT 11- RESPONDEAT SUPERIOR
Toni K. Baum v. North and South Lines, Inc.
11. Paragraphs one through ten are incorporated herein as if set forth at
length.
12. At all times material hereto, Defendant Neil Douglas Lefever was an
employee of North and South Lines, Inc.
13. Defendant Neil Douglas Lefever was engaged in furthering the interests,
I activities, affairs and business of Defendant North and South Lines, Inc. at the time of
I'
the accident.
14. Defendant North and South Lines, Inc. is liable for the damages to
Plaintiff as set forth above by virtue of the principal of respondeat superior.
WHEREFORE, Plaintiff demands judgment against Defendant North and South
Lines, Inc. for damages, costs and delay damages in an amount in excess of the limits
requiring compulsory arbitration.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
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Michael A. Scherer, Esquire
1.0.#61974
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
mas.dir/genlitlbaum.com
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VERIFICATION
I verify that the statements made in the foregoing Complaint are true and
correct. I understand that false statements herein are made subject to the penalties of
18 Pa. C.S. S 4904, relating to unsworn falsification to authorities.
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Toni K. Baum
DATED:
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Stephen E. GedUldig, Esquire
Attorney 1.0. No, 43530
THOMAS, THOMAS & HAFER, LLP
305 North Front Street
Post Office Box 999
Harrisburg, Pennsylvania 17108
(717) 237-7100
E-Mail: sealCiJ.tthlaw.com
Attorneys for Defendants:
NEIL DOUGLAS LEFEVER and NORTH & SOUTH LINES, INC.
TONI K. BAUM,
Plaintiff
v.
NEIL DOUGLAS LEFEVER
NORTH & SOUTH LINES,
Defendants
TO THE PROTHONOTARY:
and
INC. ,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNA
NO. 2000-579 CIVIL TERM
CIVIL ACTION LAW
NOTICE OF REMOVAL
Kindly transfer this case from the Court of Common Pleas of
Cumberland County to the United States Court for the Middle
District of Pennsylvania.
~(OD
Respectfully submitted,
THOMAS, THOMAS & HAFER, LLP
BY:~
STEPHEN E. GEDULDIG, ESQUIRE
Attorney I.D. No. 43530
Attorneys for Defendants,
NEIL DOUGLAS LEFEVER and
NORTH & SOUTH LINES, INC.
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Stepheo E. Geduldig, Esquire
Attorney I.D. No. 43530
THOMAS, THOMAS & HAFER, LLP
305 No~h Front Street
Post Office Box ggg
Harrisburg, Pennsylvania 17108
(717) 237-7100
E-Mail: seq(a)tthlaw.com
Attorneys for Defendants:
NEIL DOUGLAS LEFEVER and NORTH & SOUTH LINES, INC.
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
TONI K. BAUM,
Plaintiff
v.
NO.
CIVIL ACTION -- LAW
NEIL DOUGLAS LEFEVER and
NORTH & SOUTH LINES, INC.,
Defendants
NOTICE TO PLAINTIFF OF THE FILING OF A
NOTICE OF REMOVAL TO THE UNITED STATES DISTRICT COURT
TO:
- - MICHAEL A. SCHERER, ESQUIRE
DATE:.-
February 29, 2000
Please take note that Defendants Neil Douglas Lefever and
North & South Lines, Inc., by their attorneys, Thomas, Thomas &
Hafer, LLP, have filed a Notice in the United States Court for
the Middle District of Pennsylvania for Removal of an action now
pending in the Court of Common Please of Cumberland County,
entitled Toni K. Baum v. Neil Douglas Lefever and North & South
Lines, Inc.
A copy of said Notice of Removal is attached to this Notice
and is hereby served upon you.
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Respectfully submitted,
THOMAS, THOMAS & HAFER, LLP
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STEPHEN E. GEDULDIG, ESQUIRE
Attorney I.D. No. 43530
Attorneys for Defendants,
NEIL DOUGLAS LEFEVER and
NORTH & SOUTH LINES, INC.
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Stephen E, Geduldig, Esquire
Attorney Ln. No, 43530
THOMAS, THOMAS & HAFER, LLP
305 North Front Street
Post Office Box 999
Harrisburg, Pennsylvania 17108
(717) 237-7100
E-Mail: seq@tthlaw.com
Attorneys for Defendants:
NEIL DOUGLAS LEFEVER and NORTH & SOUTH LINES, INC.
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
TONI K. BAUM,
Plaintiff
v.
NO.
CIVIL ACTION -- LAW
NEIL DOUGLAS LEFEVER and
NORTH & SOUTH LINES, INC.,
Defendants
NOTICE OF REMOVAL
Defendants Neil Douglas Lefever and North & South Lines,
Inc., for their Notice of Removal of this case to the United
States District Court for the Middle District of Pennsylvania,
states as follows:
1. On or about February 8, 2000 and February 12, 2000
respectively, Defendants North & South Lines and Neil Douglas
Lefever were served with a Complaint entitled Toni K. Baum v.
Neil Douglas Lefever and North & South Lines, Inc., No. 20-579,
venued in the Court of Common Pleas of Cumberland County,
Pennsylvania. A true and correct copy of the Complaint and a
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copy of the certified mail envelope evidencing service upon
North & South Lines, Inc. is attached hereto as Exhibit A.
2. Pursuant to 28 D.S.C. 1446(b), this Notice of Removal
is timely filed within thirty days after the Complaint was filed
and served.
3. To the best of the knowledge of Defendants Neil
Douglas Lefever and North & South Lines, Inc., no further
proceedings have taken place in this action.
4. This is a civil action over which this court has
original jurisdiction pursuant to 28 D.S.C. 1332, because
Plaintiff and Defendants are citizens of different states.
5. Plaintiff seeks damages against each Defendant in
excess of $75,000.00 for injuries she sustained as a result of
an automobile/tractor trailer accident that occurred on February
8, 1998.
6. Plaintiff Toni K. Baum is a citizen of Pennsylvania.
7. Defendant Neil Douglas Lefever is a citizen of
Virginia.
8. Defendant North & South Lines, Inc. is a Virginia
corporation with a principle place of business in Virginia.
9. This action may be removed pursuant to 28 D.S.C.
1441(a) and (b) because this court has original diversity
jurisdiction over this matter.
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10. On February 29, 2000, Defendants Neil Douglas Lefever
and North & South Lines, Inc. served a copy, by mail, of this
Notice of Removal upon Plaintiff's attorney, Michael A. Scherer
of O'Brien, Baric & Scherer, 17 West South Street, Carlisle,
Pennsylvania, 17013.
11. On February 29, 2000, Defendants Neil Douglas Lefever
and North & South Lines, Inc. served and filed, by mail, a copy
of this Notice of Removal with the Prothonotary of the Court of
Common Pleas of Cumberland County, Pennsylvania, the court in
which this action was commenced and pending at the time this
Notice of Removal was filed.
WHEREFORE, Defendants Neil Douglas Lefever and North &
South Lines, Inc. respectfully request that the above-entitled
action now pending in the Court of Common Pleas of Cumberland
County, Pennsylvania, be removed therefrom to this court.
Respectfully submitted,
THOMAS, THOMAS & HAFER, LLP
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By:
STEPHEN E. GEDULDIG, ESQUIRE
Attorney I.D. No. 43530
Attorneys for Defendants,
NEIL DOUGLAS LEFEVER and
NORTH & SOUTH LINES, INC.
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ID.J 002
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TONI K BAUM
,
Plaintiff
IN THE COURT OF COMMo.N PLEAS OF
CUMBERlJ\ND C()UNTY,PENNSYLVANIA
NEIL DOl:iGLAS LEFEVER and
NORTH & SOUTH LINES, INC.,
Defendants
NO. 20- . S7f
CIVIL ACTION-LAW
CIVIL TERM
v.
NOTICE
I[
You have been sued in court. If you wish to defend against the claims sat 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 personaily or by an attorney
and filing in writing with the court, your defenses or obj'9ctions 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 daimed 1(1 the complaint orfor any other claim or relief requested by the .
plaintiff. You may lose money or property or otherrights important to you.
I
,I
YOU SHOULD TAKE THIS PAPER TO YOUR lJ\WYERAT ONCE, IF YOU DO
NOT HAVE A lJ\WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FINDoUT WHERE YOU CAN GET LEGAL HELP.
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Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pen"nsylvania 17013
(717) 249-3166
TRUE Copy FROM RECORD
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and tt-ill Seal oi 5-Jid C~r.slfJ. Pll.
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TONI K BAUM,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO. 20-
CIVIL TERM
NEIL DOl:iGLAS LEFEVER and
NORTH & SOUTH LINES INC
, .,
Defendants
CIVIL ACTION-LAW
COMPLAINT
AND NOW, comes the Plaintiff, Toni K. Baum, by and through her attorney,
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Michael A Scherer, Esquire, and respectfully represents as follows:
1. The Plaintiff, Toni K Baum, is an adult individual residing at 2536 Ritner
Highway, Lot # 104, Carlisle, Cumberland County, Pennsylvania 17013.
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2. The Defendant, Neil Douglas Lefever, is an adult individual who resides
at P.O. Box 186, Route 11, Fairfield, Virginia 24435.
3, The Defendant, North & South Lines, Inc., is a Virginia Corporation with a
principal place of business iocated at 271 0 S. Main Street, HarrisOnburg, Virginia,
22801.
4_ The facts and occurrences hereinafter related occurred on or about
February 8, 1998 at or about 10:22 p.m., on Interstate 81 north of the Exit 13 on-ramp in
the northbound lanes of travel in South Middleton Township, Cumberland County,
I Pennsylvania.
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I 81 when she was struck on th.. driver's side of her vehicle by a tractor trailer being
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At the aforesaid time and place, Plaintiff W8S traveling nc;:h on Interstate
operated by Neil Douglas Lefever, which cOllision caused the Plainliff's vehicle to spin
360 degrees.
COUNT I - NEGLIGENCE
Toni K, Baum v. Neil Douglas Lefever
6. The aforesaid ac..:denl was a direct and proximate result of the
negligence of the Defendant, Neil Douglas Lefever in that he: '
a.
b.
c.
d. .
e.
,I f,
I g.
II h.
failed to keep his vehicle entirely within his own lane of travel;
improperly attempted to overtake the Plaintiffs vehicle on the left;
operated his vehicle too fast for the conditions of the roadway and
the traffic on the roadway;
failed to be highly vigilant when passing the Plaintiffs vehicle;
failed to see and avoid the Plaintiffs vehicle which was being
operated lawfully on the roadway;
failed to have his vehicle under proper control and to overtake
and/or change lanes safely around Plaintiff's vehicle;
failed to properly apply his brakes in time to avoid striking
the Plaintiff's vehicle; and,
operated his vehicle in a careless manner.
7, As a result of the aforesaid accident, Plaintiff suffered serious and
\ permanent injuries, which include the following:
I
II
a.
b
c,
d.
e.
f.
g.
lumbar strain;
multiple neuropathies (mononeuroites multiplex);
multiple left hand abrasions;
neck and chest abrasions;
c8rvicalstrain;
severe shock to nerves and nervouS system;
depression.
-"
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8. As a result of her injuries, Plaintiff was forc"d to receive medical
treatment and physical therapy and S/1e will continue to need medical treatment in the
future for her injuries.
9. As a result of her injuries, Plaintiff missed approximately twelve weeks
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from her employment as a licensed practical nurse and suffered a permanent
diminution of earning power and capacity,
10. A5 a result of the aforesaid accident, Plaintiff has in the past and in the
future will undergo pain and suffering, loss of life's pleasures, inconvenience and
anxiety,
WHEREFORE, Plaintiff demands judgment against Neil Douglas Lefever for
damages, costs and delay damages in an amount in excess of the limits requiring
compulsory arbitration.
COUNT II- RE:SPONDEAT SUPERIOR
Toni K. Sauro v. North and South Unes, Inc.
11. Paragraphs one through ten are inc;)rporated herein as if set forth' at
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12. At all timeS material hereto, Defendant Nail Doug!as Lefever was an
empioyee of North and South Lines, Inc.
13. Defendant Neil Douglas Lefev<:r was engaged in furthering the interests,
activities affairs and business of Defendant North and South Lines, Inc. at the time of
,
the accident.
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14. Defendant North and South Lines, Inc. is liable fer the damages to
Plaintiff as set forth above by virtu;; of the principal of respond"at superior.
WHEREFORE, Plaintiff demands judgment against Defendant North and South
Lines, Inc. for damages, costs and delay damages in an amount in excess of the limits
requiring compulsory arbitration.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
~t14 s;'^
Michael A Scherer, Esquire
I.D. #61974
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-B873
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VERIFICATION
I verify that the statements made in the foregoing ComJjlaint are true and
correct. I understand that false statements herein are made subject to the penalties of
18 Pa, C.S. 9 4904, relating to unsworn falsification to authorities.
---.-.
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Toni K, Baum
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TONI K. BAUM,
Plain tiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNA
v.
NO. 2000-579 CIVIL TERM
CIVIL ACTION -- LAW
NEIL DOUGLAS LEFEVER and
NORTH & SOUTH LINES, INC.,
Defendants
. .... CERTIFICATE
PREREQUISITE TO SERVICE OF SUBPOENAS.
. PUR.SUANT TO RULE 4009.22
As a prerequisite to service of subpoenas for documents and things
pursuant to Rule 4009.22, Defendant certifies that:
1. A Notice of Intent to Serve Subpoenas with copies of the subpoenas
attached thereto was mailed or delivered to each party at least twenty days prior
to the day 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; and
4, The subpoenas which will be served are identical to the subpoenas
which are attached to t.1}e Notice of Intent to Serve Subpoenas.
THOMAS, THOMAS & HAFER, LLP
STEPHEN E. ~~;L~~
305 N. FRONT STREET - 6TH FLOOR
HARRISBURG, PA 17108
(717) 237-7119
ATTORNEY FOR DEFENDANTS
CERTIFICATE OF SERVICE
I, STEPHEN E. GEDULDIG, ESQUIRE of the law firm of THOMAS,
THO~AS, & HAFER, LLP do certify that on this 1:?fI day of March, 2000, I
served the foregoing document on the following person(s), by depositing the
same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania
addressed as follows:
Michael A. Scherer
O'BRIEN, BARIC & SCHERER
1 7 West South Street
Carlisle, Pennsylvania 17013
Attorneys for Plaintiff
THOMAS, THOMAS & HAFER, LLP
STEP~
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
TONI K. BAUM,
Plaintiff
IN THE COURT OF COMMON PLEAS
v.
NO. 2000-579
NORTH & SOUTH LINES, INC.,
Defendant
JURY TRIAL DEMANDED
"-~."...,.~~.....-.,.,.;~;.~~~~~, ~,~,~. i!ffls~~~_~~~~~_"~~"",,>,~>,;'..-...c.~-",,,.<,-
,;', ','" ',', ",;,': ,:,:c;,:. ;.;(,';:'NOTICE:OEINTENrTO$ERVESUBe.OENAS TO' .'" ."
, 'C '.'-:. " ' ,c -' " .'. ""~. ,~-.' :.. . -,,, ,'." ~ ,; ";,' ..,' ',' ,''"'. ~- '''' ...;' ',' ~ -k,:;:_'~".~~"': ,-:.,::;Z"'!;'J:::..~' ..::.., t;....."'"_.. j. ': :. -__~. ."".,....-. '--~_-. -~ ~- - ~---'-. . ",' -
;" ... ' .' .: .,,' PRODUCE DOCUMENTSAND THINGS FOR ..
. . ,. . "or ~ "" d'~~ : ~" ". ,'_ _",,"<, \;~"'~_ "'_"
, ":.'" 'fe, ;,'DISCOY.ERY:PUJ{SUANTTO' RUlEA009.21~"';
,-" . '_ '. ',":^"' . ,,-", ._">.", .,""-,._ ,~.-",." .~~.^_"': .~",..~~ ,',t '.;t '."'.vr...:.1~_'>"7'. -.~' '", '..~ _~-:-'C7.c."':...,~~,,~".~'. ". '.-.
TO; Counsel and Parties of Record
Defendants, North & South lines, Inc. and Neil Douglas lefever, intend to serve subpoenas
identical to the ones 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.
THOMAS, THOMAS & HAFER, llP
STEPHEN E. GEDULDIG, ESQUIRE
305 NORTH FRONT STREET - 6TH FLOOR
HARRISBURG, PA 17108
(717) 237-7119
ATTORNEY FOR DEFENDANT
Date:
"fr~.
.;,--'-,.,;
',," ;~}~~:;~:':;}t~~{:'~7;~~~~:':':;;.:.~:~;:;:Tgt~jJ!i$J~i!it821s;J:~~~:~:;~;;,~:'.".~~:',;;~._'" ,.
I, STEPHEN E. GEDULDIG, ESQUIRE of the law firm of THOMAS, THOMAS, & HAFER, LLP
do certify that I served the foregoing document on the following person(s), by depositing the same in
the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows:
Michael A. Scherer
O'BRIEN, BARIC & SCHERER
17 West South Street
Carlisle, PA 17013
THOMAS, THOMAS & HAFER, LLP
STEPHEN E. GEDULDIG, ESQUIRE
'", '
,-c <. ., H.c 1.-:
"-~"'""'''< ,'--',:' . "'~'-Il'^- ,"
-";'. ., :_':"-
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
TONI K. BAUM,
Plaintiff
IN THE COURT OF COMMON PLEAS
v.
NO. 2000-579
NORTH & SOUTH LINES, INC.,
Defendant
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records, Belvedere Medical Corporation, 850 Walnut Bottom Road, Carlisle,
PA 17013
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things:
Complete copies of any and all records. reports, correspondence. notes, memoranda and
diaanostic studies reaardina Toni K. Baum. SSN: 169-44-5658. Date of Birth: 7/9/53
at: Thomas, Thomas & Hafer. LLP. 305 N. Front St., P.O. Box 999, Harrisbura. PA 17108-
0999
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena. together with
the certificate of compliance, to the party making this request at the address listed above. You have the right to seek
in advance, the reasonable 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:
NAME: Stephen E. Geduldig, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7119
SUPREME COURT ID#: 43530
ATTORNEY FOR: Defendant
BY THE COURT:
DATE:Yp.,l o?~ ~t)60
Seal of the Court
r thonotary/Clerk, Civil Division
$a-I!/Pry~
Deputy
'-
(4/97)
-'-"'.- ,
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'n,-
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
TONI K. BAUM,
Plaintiff
IN THE COURT OF COMMON PLEAS
v.
NO. 2000-579
NORTH & SOUTH LINES, INC.,
Defendant
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009,22
TO: Custodian oi Records, Holy Spirit Hospital, 503 North 21st Street, Camp Hill, PA 17011
(Name of Person or Enlily)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or
things:
Complete copies of any and all emplovment records, includino but without limitation waqe records,
attendance records, disciplinary records, workers' compensation records, performance ev<)llliljions
and medical records reqardinq Toni K. Baum, SSN: 169-44-5658, Date of Birth: 7/9/53
at: Thomas, Thomas & Hafer. LLP, 305 N. Front St.. P.O. Box 999. Harrisburq, PA 17108-
0999
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the address Iisled above, You have the right to seek in advance.
the reasonable 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:
NAME: Stephen E. Geduldig, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7119
SUPREME COURT 10#: 43530
ATTORNEY FOR: Defendant
BY THE COURT:
DATE: )P -b ::), 9 ,,) tJ(lQ
Seal ofthe Couft
'----
(4/97)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
TONI K. BAUM,
Plaintiff
IN THE COURT OF COMMON PLEAS
v.
NO. 2000-579
NORTH & SOUTH LINES, INC.,
Defendant
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Commissioner Paul Evanko, Pennsylvania State Police, 1800 Elmerton Avenue, Harrisburg, PA
17109
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the foilowing documents or
things:
A complete copy, includino any and all appended reports, of the Police Accident Report, Incident
Number H2-979384, Date of Accident 2/8/98, in Cumberland County, South Middleton Two,
involvino drivers Neil Douolas Lefever and Toni K. Baum
at: Thomas, Thomas & Hafer, llP, 305 N. Front St., P.O. Box 999, Harrisburo, PA 17108-
0999
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance,
the reasonable 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:
NAME: Stephen E. Geduldig, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7119
SUPREME COURT ID#: 43530
ATTORNEY FOR: Defendant
BY THE COURT:
DATE: EL~ d~ .Jt'"bO
Seal of the Cou
'---
(4/97)
-
0"
, , ~ _, _ "<' '''O~'' "d
""1-,.,-- "
~,,- .
~.......,.:'
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
TONI Ko BAUM,
Plaintiff
IN THE COURT OF COMMON PLEAS
Vo
NOo 2000-579
NORTH & SOUTH LINES, INCo,
Defendant
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian OT Records, Alexander Spring Rehab, 27 Brookwood Avenue, Carlisle, PA 17013
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things:
Complete copies of anv and all records. reports. correspondence, notes. memoranda and
diaqnostic studies reqardinq Toni K. Baum. SSN: 169-44-5658. Date of Birth: 7/9/53
at: Thomas. Thomas & Hafer. llP. 305 N. Front SI., P.O. Box 999, Harrisburq, PA 17108-
0999
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena. together with
the certificate of compliance, to the party making this request at the address listed above. You have the right to seek
in advance. the reasonable 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:
NAME: Stephen E. Geduldig, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7119
SUPREME COURT 10#: 43530
ATTORNEY FOR: Defendant
BY THE COURT:
DATE: );,,~ ;) c; :J ;'"VV')
Seal of the CoiJrt
tho notary/Clerk, Civil Division
~/?"~n - p 7p~~v-
eputy
(4/97)
.-,'''''''.'':'''-'0
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L.> ,--,','
,
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
TONI K. BAUM,
Plaintiff
IN THE COURT OF COMMON PLEAS
v.
NO. 2000-579
NORTH & SOUTH LINES, INC.,
Defendant
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FORDISCOVERY PURSUANT TO RULE 4009.24
TO: Custodian of Records, Manor Care Health Services, 940 Walnut Bottom Road, Carlisle, PA
17013
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or
things:
Complete copies of anv and all emplovment records, includina but without limitation waae records,
attendance records, disciplinary records, workers' compensation records, performance evaluations
and medical records reaardina Toni K. Baum, SSN: 169-44-5658, Date of Birth: 7/9/53
at: Thomas, Thomas & Hafer, llP, 305 N. Front SI.. P.O. Box 999, Harrisburq, PA 17108-
0999
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance,
the reasonable 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:
NAME: Stephen E. Geduldig, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7119
SUPREME COURT ID#: 43530
ATTORNEY FOR: Defendant
BY THE COURT:
DATE: ~~ :;)9 :Jnl'"lO
Seal of the Couft
(4/97)
,-"
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'-, -, ~'.--
,.-, " <~-o,,,.'~. ..~, ,h~<,__
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
TONI K. BAUM,
Plaintiff
IN THE COURT OF COMMON PLEAS
v.
NO. 2000-579
NORTH & SOUTH LINES, INC.,
Defendant
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records, J. Craig Jurgensen, MD, 850 Walnut Bottom Road, Carlisle, PA
17013
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena. you are ordered by the court to produce the following
documents or things:
Complete copies of any and all records, reports. correspondence, notes. memoranda and
diaqnostic studies reqardinq Toni K. Baum. SSN: 169-44-5658. Date of Birth: 7/9/53
at: Thomas, Thomas & Hafer, llP, 305 N. Front St., P.O. Box 999, Harrisburq, PA 17108-
0999
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena. together with
the certificate of compliance, to the party making this request at the address listed above. You have the right to seek
in advance. the reasonable 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:
NAME: Stephen E. Geduldig, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE:: (717) 237-7119
SUPREME COURT ID#: 43530
ATTORNEY FOR: Defendant
BY THE COURT:
DATE:J:6.~ .;>~ ~(\:>Q
Seal of the C rt
r thonotary/Clerk, Civil Division
~4~~P7~
eputy
(4/97)
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SHERIFF'S RETURN - U.S, CERTIFIED MAIL
CASE NO: 2000-00S79 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBER:t..AND
BAUM TONI K
VS.
LEFEVER NEIL DOUGLAS ET AL
R. Thomas Kline
, Sheriff
of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named DEFENDANT
,NORTH & SOUTH LINES INC
by United States Certified Mail postage
prepaid, on the 8th day of February ,2000 at 0008:00 HOURS, at
2710 SOUTH MAIN ST
HARRISONBURG, VA 22801
, a true
and attested copy of the attached COMPLAINT & NOTICE
Together
with
The returned
receipt card was signed by ROBERT PLECKER
02/11/2000
on
Additional CommentS:
Sheriff's Costs:
Docketing
Cert Mail
Affidavit
Surcharge
6.00
4.56
.00
10.00
.00
20.56
- ~~7
~_.
Thomas Kline
Sheriff of Cumberland County
Paid by O'BRIEN, BARIC & SCHERER
on 02/23/2000 .
Sworn and subscribed to before me
this ~i~ day of~
:J.M~}"<.J A. D. .
. a~ ~ .Ai1p4
P othonotary
<-
h_
'..,' .;......-~,J-,
~
-~~''.
SHERIFF'S RETURN - U.S. CERTIFIED MAIL
CASE NO: 2000-00579 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
BAUM TONI K
VS.
LEFEVER NEIL DOUGLAS ET AL
R. Thomas Kline
, Sheriff
of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named DEFENDANT
,LEFEVER NEIL DOUGLAS
by United States Certified Mail postage
prepaid, on the 8th day of February ,2000 at 0008:00 HOURS, at
P.O. BOX 186 RTE 11
FAIRFIELD, VA 24435
, a true
and attested copy of the attached COMPLAINT & NOTICE
Together
with
The returned
receipt card was signed by ILLEGIBLE SIGNATURE
02/12/2000
on
Additional Comments:
Docketing
Service
Affidavit
Surcharge
18.00
.00
,00
10,00
.00
28.00
fi~..... . /~ .
-::7 ~~
l:. Thomas Kline
Sheriff of Cumberland County
Sheriff's Costs:
Paid by O'BRIEN, BARIC & SCHERER
on 02/23/2000 .
Sworn and subscribed to before me
this .2/.A.J- day of~
02.u-v-o A , D .
~.,O~~
r thonotaiLY I
'., "~_,';'"b .,' ., _ ""-'. -'" ,,_
TONI K. BAUM,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000-579 CIVIL TERM
NEIL DOUGLAS LEFEVER and
NORTH & SOUTH LINES, INC.,
Defendants
CIVIL ACTION-LAW
ORDER OF COURT
,j
AND NOW, this z. 3- day of
J??4tt. elf
, 2000, upon consideration of
the Motion To Quash Subpoena, a Rule is issued upon Defendants to show cause if
any there be why the relief requested in this Motion should not be granted.
Rule returnable ....!!?- days from service.
BY THE COURT,
/jJ
J.
,0
(\) '?
'lj d" ~
\lINVJ\lASi'iN3d
AlNnC() {J\f'/ltGm"lno
8U:I Hd SZ ~VHDO
Al:f11ClI;OHiC\:Jd.jlHl :10
38id30-\l31Id ..
.. '
TONI K. BAUM,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000-579 CIVIL TERM
NEIL DOUGLAS LEFEVER and
NORTH & SOUTH LINES, INC.,
Defendants
CIVIL ACTION-LAW
MOTION TO QUASH SUBPOENA
AND NOW, comes Toni K. Baum, by and through her attorney, Michael A.
Scherer, Esquire, and respectfully represents as follows:
1. The above-captioned personal injury action was commenced by
Complaint filed on February 1, 2000.
2. On February 25,2000, undersigned counsel received Notices of Intent to
Serve Subpoenas in this matter which had been prepared by Stephen Geduldig,
Esquire, counsel for both defendants.
3. On March 1, 2000, undersigned counsel received a copy of a Notice of
Removal prepared and filed by Stephen Geduldig, Esquire, in which the defendants
removed this action to the United States Federal Court.
4. Despite having removed the case to Federal Court, Stephen Geduldig,
Esquire, proceeded to serve the Subpoenas which were the subject of the above-
referenced Notices.
5. Stephen Geduldig, Esquire, served the Subpoenas, which are captioned
to the above matter, despite this Honorable Court's lack of jurisdiction, which occurred
as a result of attorney Geduldig's filing of the Notice of Removal.
I
'"J
6. The Subpoenas which are objected to are directed to ManorCare Health
Services and Holy Spirit Hospital. Both Subpoenas are attached hereto as "Exhibit A."
7. The basis for the objection, notwithstanding the lack of jurisdiction issue,
is that the Subpoenas are overly broad, intrusive and designed to obtain information
which is outside of the scope of discovery.
8. Undersigned counsel would agree that certain employment matters,
including workday absences, and any physical problems the plaintiff may have reported
to her employer may be relevant, however, a Subpoena which asks for "all employment
records" is inappropriate.
WHEREFORE, undersigned counsel respectfully requests that this Honorable
Court quash the subpoenas which are the subject of this Motion, or in the alternative,
issue a Protective Order limiting the information the employers may release to the
defendants' counsel.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
~.~
Michael A. Scherer, Esquire
I.D. #61974
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
mas.dir/gen.litlbaum/quash,mot
Ii
I
, .
. ~ -""
"..-
_. .
~~. ~.-
~~
COMMONWEAlTHDF PENNSYLVANIA
COUNTY OF CUMBERLAND
TONI K. BAUM,
Plaintiff
IN THE COURT Of COMMON PLEAS
v.
NO. 2000-579
NORTH & SOUTH LINES, INC.,
Defendant
JURY TRIAL DE~ffiNDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009,22
TO: Custodian oj Records, Holy Spirit Hospital, 503 North 21st Street, Camp Hill, PA 17011
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or
things:
Complete copies of any and all emplovment records, includinQ but without limitation waQe records,
attendance records, disciplinary records, workers' compensation records, performance ev_alLl'!!lons
and medical records reQardinQ Toni K. Baum, SSN: 169-44-5658, Date of Birth: 719/53 .
at: Thomas, Thomas & Hafer, llP, 305 N. Front SI., P.O. Box 999, HarrisburQ, PA 17108-
0999
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advaoce.
the reasonable cost of preparing the copies or producing the things soughl
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:
NAME: Stephen E. Geduldig, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7119
SUPREME COURT 10#: 43530
A TIORNEY FOR: Defendant
BY THE COURT:
DATE: h.b ::; 9 ..Jrl<:10
Seal of the Couft
Prothonotaryl lerk, Civil DiVision
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Deputy
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"EXHIBIT A"
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
TONI K, BAUM,
Plaintiff
IN THE COURT OF COMMON PLEAS
v,
NO. 2000-579
NORTH & SOUTH LINES, INC.,
Defendant
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records, Manor Care Health Services, 940 Walnut Bottom Road, Carlisle, PA
17013
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or
things:
Complete copies of anv and all emplovment records, includino but without limitation waoe records,
attendance records, disciplinarv records, workers' compensation records, performance evaluations
and medical records reqardinq Toni K. Baum, SSN: 169-44-5658, Date of Birth: 7/9/53
at: Thomas, Thomas & Hafer, lLP, 305 N. Front SI.. P.O, Box 999, HarrisburQ, PA 17108-
0999
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance,
the reasonable 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:
NAME: Stephen E. Geduldig, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7119
SUPREME COURT 10#: 43530
A TIORNEY FOR: Defendant
BY THE COURT:
DATE: hh ;)9 ~ rlt10
Seal of the COlJft
"EXHIBIT A"
(4/97)
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CERTIFICATE OF SERVICE
I hereby certify that on March / c:, , 2000, I, Michael A. Scherer, Esquire of
O'Brien, Baric & Scherer, did serve a copy of the Motion To Quash Subpoena, by first
class U.S. mail, postage prepaid, to the parties listed below, as follows:
Records Custodian
Holy Spirit Hospital
890 Poplar Church Road
Camp Hill, Pennsylvania 17011
Records Custodian
Manor Care Health Services
940 Walnut Bottom Road
Carlisle, Pennsylvania 17013
Stephen E. Geduldig, Esquire
Thomas, Thomas & Hafer, LLP
305 North Front Street
P.O. Box 999
Harrisburg, Pennsylvania 17101
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Michael A. Scherer, Esquire
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z: Q Print your name and address on the reverse of this fann so that we can return this
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c~a~rf~eld, VA 24435
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