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HomeMy WebLinkAbout00-01472 ~ v IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. tY) - L1.J7'-. Civil Action -- FREDA H. MYERS, AMY L. DANNER 32 Broad Street, Apt B Newville, PA 17241 1156 Centerville Road Newville, PA 17241 PLAINTIFF AND DONALD A. McCULLOUGH and VICKI C. McCULLOUGH, his wife, Individually and t/d/h/a McCULLOUGH FARMS 200 Green Ridge Lane Newville, PA 17241 DEFENDANTS PRAECIPE FOR WRIT OF SUMMONS , , TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the Writ of Summons shall be issued a Howard B. Kruq, Esquire 1719 North Front Street Harrisburq, PA 17102 (717) 234-4178 , Esquire Court No. 16826 Date: 3>-)O-DO WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Ct;,,( T~ Law k I (2/). -fV1~ :! ~'t1 'Prothonotary ~ d~~/p 7J;rn//JY ~ Date: fY1s"c4 I"f. Jnor) "~ - . ~"<,, -".-. -..-' "'.' -'"'-- -''''--'~'~---I'--' "-'-- .'1----' -, ~', ,.. SHERIFF'S RETURN - REGULAR CASE NO: 2000-01472 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MYERS FREDA H VS DANNER AMY L ET AL DlWID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon DANNER AMY L the DEFENDANT , at 0012:55 HOURS, on the 17th day of March 2000 at: 1156 CENTERVILLE ROAD NEWVILLE, PA 17241 by handing to BRENDA DANNER (MOTHER) a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 7.44 .00 10.00 .00 35.44 ~K-~~t:~l R. Thomas Kline 03/23/2000 PURCELL, KRUG & HALLER Sworn and Subscribed to before By: ~~~}I;:; ~ Deputy Sheriff ~ me this it> !!:: day of ~ ~ A.D. ~~(' ~ (J. /1." ic,,, A ~ P othonotary , :cr'.,_ , "I ~ . . - ,- ~ ~. SHERIFF'S RETURN - REGULAR CASE NO: 2000-01472 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MYERS FREDA H VS DANNER AMY L ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MCCULLOUGH DONALD A the DEFENDANT , at 0014:10 HOURS, on the 22nd day of March 2000 at: 200 GREEN RIDGE LANE NEWVILLE, PA 17241 by handing to DONALD MCCULLOUGH a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: ~~ :~<t:~l R. Thomas Kline day of 03/23/2000 PURCELL, KRUG & HALLER By: 9J _ O/1~ ~U1~he~iff Sworn and Subscribed to before . "'-- me this /D- ~ ~ A.D. ~L Q 'Jh,'h~ ~ P othonotary , .-;., LJ_"~ I SHERIFF'S RETURN - REGULAR CASE NO: 2000-01472 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MYERS FREDA H VS DANNER AMY L ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MCCULLOUGH DONALD A T/D/B/A MCCULLOUGH FARMS the DEFENDANT , at 0014:10 HOURS, on the 22nd day of March , 2000 at 200 GREEN RIDGE LANE NEWVILLE, PA 17241 DONALD MCCULLOUGH by handing to a t~ue and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: r~N"."t::~.t R. Thomas Kline me this JO~ day of 03/23/2000 PURCELL, KRUG & HALLER -~~~~ By: Sworn and Subscribed to before otA.-; ~nJ A.D. ~On.,,,p,~~ honotary , '1 I' , ~ ". - I-~ SHERIFF'S RETURN - REGULAR CASE NO: 2000-01472 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MYERS FREDA H VS DANNER AMY L ET AL , Sheriff or Deputy Sheriff of SHAWN HARRISON Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MCCULLOUGH VICKI C the DEFENDANT , at 0014:10 HOURS, on the 22nd day of March , 2000 at: 200 GREEN RIDGE LANE NEWVILLE, PA 17241 by handing to DONALD MCCULLOUGH a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: ~~~-t:~t R. Thomas Kline Sworn and Subscribed to before me this /0 ~ day of 03/23/2000 PURCELL, KRUG & HALLER &t~ By: (7.....' ~L_' ~ oJ-'fT"U A.D. q~ Q fn..,;', ;'-~ r thonotary ""fL- _ ";1' l~ SHERIFF'S RETURN - REGULAR CASE NO: 2000-01472 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MYERS FREDA H VS DANNER AMY L ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MCCULLOUGH VICKI C T/D/B/A MCCULLOUGH FARMS the DEFENDANT , at 0014:10 HOURS, on the 22nd day of March , 2000 at 200 GREEN RIDGE LANE NEWVILLE, PA 17241 by handing to DONALD MCCULLOUGH a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing service Affidavit surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: r~~-t:~t R. Thomas Kline 03/23/2000 PURCELL, KRUG Sworn and Subscribed to before By: \ me this , v /0- day of OrY; ;Uv-(} A.D. q,'t:" C~~ r thonotary . ,~ dl' . :" IN THE COURT OF COMMON PLEAS' . CUMBERLAND COUNTY, PENNSYLVANIA FREDA H. MYERS, Plaintiff v. NO. 00-1472 CIVIL TERM AMY L. DANNER and DONALD A. McCULLOUGH and VICKI C. McCULLOUGH, his wife, Individually and t/ d/b/a McCULLOUGH FARMS, Defendants JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO: PROTHONOTARY Please enter the accompanying Rule upon Plaintiff for a Complaint in the above-captioned matter. LAVERY, FAHERTY, YO & PATTERS Dated: ~ 16\DV By Frank J. Lavery, Jr., Esq Attorney I.D. No. 42370 301 Market Street, Suite 00 Harrisburg, PA 17101 Telephone: (717) 233-6633 --\;~ '-I ,'1' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FREDA H. MYERS, Plaintiff v. NO. 00-1472 CIVIL TERM AMY L. DANNER and DONALD A McCULLOUGH and VICKI C. McCULLOUGH, his wife, Individually and t/d/b/a McCULLOUGH FARMS, Defendants JURY TRIAL DEMANDED RULE TO: PLAINTIFF Please file your Complaint in the above-captioned matter within twenty (20) days or suffer a judgment of non pros. Thank you. Date: J1pIJ..;,,[ ?,.;). ('J67'l ~ (1.-;.,; ;~ ~ 'Prothonotary ~ -,~ 1- , CERTIFICATE OF SERVICE I, Kelly Ann Guyer, an employee of the law firm of Lavery, Faherty, Young & Patterson, P.c., do hereby certify that on this ~day of April, 2000, I served a true and correct copy of the foregoing RULE FOR COMPLAINT via U.S. First Class mail, postage prepaid, addressed as follows: Howard B. Krug, Esquire 1719 North Front Street Harrisburg, PA 17102 Amy L. Danner 1156 Centerville Road Newville, PA 17241 ~~ UkffrZ y Ann Guyer -~, .. r ' I; ~..-- I I Ii i [II III I.' i.! 11 I'~i II l!i II i~ i flj 1-11 !ii ',.':.'1' !; i1 ,Ii! 'i' II' ~ " I': ~..,. ~~ "_~_1I!l ,~ ~-~, "-~-," __1.I!I~M._1 .~ o C 7" -c.1 o::~ Lpr.:;.~ ~~o ~~ '""7" :~ .< o (::) o "Tl :?'" "...~ -0 ;::.-v -J -"0 f..:;' ," .. .~~iriW~~!i"OOW!_W4 ,~,~ _ _~~.'" "^~".~ _."..,_,~"IiiUlM.Ul~,""'!_~~~~ rl , , o ., . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FREDA H. MYERS, Plaintiff v. NO. 00-1472 CIVIL TERM AMY L. DANNER and DONALD A. McCULLOUGH and VICKI C. McCULLOUGH, his wife, Individually and t/ d/b/ a McCULLOUGH FARMS, Defendants JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Donald A. McCullough and Vicki e. McCullough, his wife, Individually and t/d/b/a McCullough Farms, only, in the above- captioned matter. Respectfully submitted, LAVERY, FAHERTY, Y & PATTERS N, P.e. Date: \ \~ \ov Frank J. Lavery, Jr., E P.O. Box 1245 Harrisburg, PA 17108- (717) 233-6633 Atty I.D. 42370 Attys for Defendants Donald A. McCullough and Vicki e. McCullough, his wife, Individually and t/d/b/a McCullough Farms By: , "~'""Ii ~ ~ ;<--1'; r...... ~r -. ~". ('"J ,- / o CERTIFICATE OF SERVICE I, Kelly Ann Guyer, an employee of the law firm of Lavery, Faherty, Young & Patterson, P.e., do hereby certify that on this (;, f'--day of April, 2000, I served a true and correct copy of the foregoing ENTRY OF APPEARANCE via U.S. First Class mail, postage prepaid, addressed as follows: Howard B. Krug, Esquire 1719 North Front Street Harrisburg, PA 17102 Amy L. Danner 1156 Centerville Road Newville, PA 17241 ;r?lllj.,~ , r'l- , ' "'~!I!!IIIl\\l!I".,.",,~ _. CJ ,~~__~ ~ ~ ~'M"'..~ f1!$il!~ , , ,!'lI1'II!..~,~,n"",~M~,jil!'JI!!l~Wifl'!\\""Mll.~~_"". " , o t;9 '"tJb; sgS;, -;.'''!' 032;" ct~; ~ -,-".C" Z .~.~ ,CC'(., :P'C:: -7 :-..; ..< o o 'P" ...---0 ~--::J \ .-' -'C' ~, , o -n ::? ,'..) ..--1. ,." r ,,,,,,rn --~~~1, ;~-~,:.:~~ (-.:-:,''['-(1 i,..J ___-1 -Y'- -..,-, -"-': ~- "P"-1/'!!iif!Ill. ,~,~~~u~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FREDA H. MYERS, Plaintiff v. NO. 00-1472 CIVIL TERM AMY L. DANNER and DONALD A. McCULLOUGH and VICKI C. McCULLOUGH, his wife, Individually and t/ d/b/ a McCULLOUGH FARMS, Defendants JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I, Frank J. Lavery, Jr., Esquire, counsel for Defendant(s) in the above-referenced matter, certify that the Rule for Complaint in the above-referenced case was served on the Plaintiff(s) via Certified mail, Return Receipt Requested (Article No. Z 067 334 980) on April 11, 2000. The original return receipt card is attached hereto. Respectfully s bmitted, DATE: L/119/00 By: ERTY, TTERSON, P.C. rank J. Lave , Jr., Esquire Attorney I.D. 370 P.O. Box 1245 Harrisburg, PA 17108-1245 (717) 233-6633 Attorney for Defendant, Donald A. McCullough and Vicki e. McCullough, his wife, Individually and t/ d/b/a McCullough Farms Sworn and subscribed to before me thi~ /4hday off) ~.( , 2000. Nota P N01'ARIAL SEAL u)31lc Holly J. Bratton, Notary o~ Oauphin City 01 Harrispurg, countY, pt 29 2003 My commission expires $a. , RW:: ,.1 '4~~~ SENDER: COMPLETE THIS SECTION . Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: nvJOr d Q, t (US \ ese1 \l(~\ N Front St Ha (Ii~ h v3 \ VA I( ( OJ-- 'J'",...~~.;1:\". 2. Article Number (Copy from service label) 2- n(p 7 '3 "';!-/ ~rt() PS Form 3811, July 1999 D. Is delivery address different from item 1? If YES, enter delivery address below: 3. Service Type ~rtified Mail o Registered o Insured Mail , ~x ress Mail Return Receipt for Merchandise C.OD, 4. Restricted Delivery? (Extra Fee) Dom~tic Return Receipt ~ ~, ~T , I ~'I ~ ., DYes 102595-99-M-1789 ~, " CERTIFICATE OF SERVICE I, Kelly Ann Guyer, an employee of the law firm of Lavery, Faherty, Young & Patterson, P.e., do hereby certify that on this /rf"-day of April, 2000; I served a true and correct copy of the foregoing AFFIDAVIT OF SERVICE via U.S. First Class mail, postage prepaid, addressed as follows: Howard B. Krug, Esquire 1719 North Front Street Harrisburg, P A 17102 Amy L. Danner 1156 Centerville Road Newville, PA 17241 'I!I:~ ~ K Ann Guyer ',il.! ~-~ l~ - =<, - - - ;(jI /~~ . " '..... 1IIllIM~l!l11~ .,IIIIII!RiP 0_ 'c,~ . ,'to,-', -"," " .,,',- C. ,..';,;;,; -,,"~'" ~l^-',- .'t ;"_~lf';';' '~--,,~~ 0 c"':') C) C~ C~. ;.= ;n. -::-J ("" 11-;- r; : -~-' ;~~ ;" :-;,::: l: :"0 (-" c C) ./ [~ .-'(7 ~ . " :_,.,,,~ ~::;: C> ),,, ~; ---j ..........." -<. (]'\ ".,...~..^'"ij4!~,~.,,_=_? ~~Oiiii\>"i!ll!~1:!,,_, ,.,...,JmFI. ~ " _~(,RIMlm ,.,- FREDA H. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA vs. NO. 00-1472 CIVIL TERM ~~Y L. DANNER and DONALD A. McCULLOUGH and VICKI C. McCULLOUGH, his wife, Individually and t/d/b/a McCULLOUGH FARMS, Defendants 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 Notice and Complaint are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the 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. HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU DO NOT THE OFFICE SET COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717)240-6200 '1.. .~- i"-' , ,""." '-'-". - . ,. _', 'I ,- NOT I C I A Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demand a y la notificacion. Usted debe presentar una apariencia escrita 0 en persona o por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. See avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos import antes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATEMENTE. SI NO TIENNE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCIONSE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ARISTENCIA LEGAL. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717)240-6200 2 >'':1-'jj;o_,:" . _ U!II' I - -7'., ~, -".--'''1'' " I'" FREDA H. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA vs. NO. 00-1472 CIVIL TERM AMY L. DANNER and DONALD A. McCULLOUGH and VICKI C. McCULLOUGH, his wife, Individually and t/d/b/a McCULLOUGH FARMS, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiff, Freda H. Myers by her attorneys Purcell, Krug & Haller and files the following Complaint: 1. Plaintiff is Freda H. Myers, an adult individual residing at 32 Broad Street, Apartment B, Newville, Cumberland County, Pennsylvania. 2. Defendant #1 is Donald A. McCullough and vicki C. MCCullough, adult married individuals, t/d/b/a McCullough Farms (hereinafter collectively referred to as "McCullough"), residing or with a business address at 205 Centerville Road, Newville, Cumberland County, Pennsylvania. 3 . Defendant #2 is Amy L. Danner, an adult indi vidual (hereinafter "Danner"), residing at 1156 Centerville Road, Newville, Cumberland County, Pennsylvania. "!WjI-.., ," ,>' ."- 'I', C""'_,e",1__ "'oC".,;,_,"_, '_)",_1-''':''-" '1,,'- ~,. ., 4. McCullough owned, maintained and controlled a large herd 'of cattle adjacent and in close proximity to Centerville Road, a fifty-five mile per hour highway. 5. It is believed and therefor averred that McCullough possessed, harbored, and managed on April 5, 1998 the many cows which entered the area adjacent to Centerville Road, where the accident with Plaintiff (described hereafter) occurred, including the cow which impacted with Plaintiff's vehicle. 6. In the evening of April 5, 1998 at approximately 9: 00 P.M., plaintiff was traveling North on Centerville Road in West Pennsboro Township, Cumberland County, Pennsylvania. 7. Danner was also traveling North behind Plaintiff on Centerville Road. 8. After seeing some movement ahead, causing her to slow down and activate her bright lights on the darkened highway, Plaintiff observed an unattended cow standing in the middle of her lane of travel, directly in front of her. 9. Plaintiff swerved to her right, entering the berm of the road in an attempt to avoid striking the cow, but the cow also moved toward her, impacting with Plaintiff's car. 10. With great force, the cow's head and body penetrated the windshield of Plaintiff's vehicle. 2 ~.. "~ ,. "'"'I, "., . 4 <."".^, ._~,- =<' .' '1''',_' 1-. , 11. Almost immediately thereafter, Danner's vehicle struck the rear of the Myers' vehicle with great force. 12. As a proximate result of the impact with the cow and the impact from the rear of her vehicle, Freda Myers sustained severe bodily injury, including but not limited to her neck, back, low back, pelvic and hip area, left eye, left arm, elbow, and leg, right foot and ankle, both knees, severe headache, and lacerations from flying glass, including glass in both eyes, as well as shock from the trauma. 13. As a further result of her injuries, Freda Myers has had to expend great sums of money for her medical care, treatment, and surgery. 14 . As a further result of her inj uries, Freda Myers sustained great pain and suffering, which will continue indefinitely into the future. 15. As a further result of Freda Myers' injuries, she has been deprived of life's enjoyment and prevented from attending to her usual duties and activities. 16. The presence of unattended cows on a high speed roadway at night creates an inherently dangerous condition for motorists. 3 ~ -, ! L, .-, ~"',,' .',-.--'1-"' -- - r ' . . I ~ . -- ",--,~ --," "I COUNT I FREDA H. MYERS V. DONALD A. McCULLOUGH AND VICKI C. McCULLOUGH 17. Plaintiff incorporates Paragraphs 1 through 16, by reference thereto. 18. McCullough was at all times aware of the close proximity of McCullough Farms to Centerville Road, a fifty-five mile per hour highway. 19. McCullough was also at all times aware or should have been aware that the presence of unattended and unconfined cows on .Centerville Road presented a hazardous condition to traveling motorists. 20. McCullough was aware or should have been aware of the cows' presence on and around Centerville Road at the time of the accident. 21. McCullough had a duty to confine and/or restrain the cow which impacted with Plaintiff's vehicle. 22. Defendants MCCullough were negligent in that they failed to: A. Use due care to prevent the cows from entering the roadway; B. Use due care to confine the cows within locked, 4 "!T- ,.,-.. - 01 ---_._"'. .,- d - '-.0;, '~'_'__ .- ~ ,_ ~", -, T _n ,~ ., -,--' fenced, or controlled areas, away from the roadway; C. Erect lights such that cows on the roadway could be seen in advance; D. Warn oncoming traffic of the escape of an animal onto the fifty-five mile per hour roadway; E. Establish an alarm or warning system to detect the escape of an animal; F. Use due care to promptly recapture the cows after notice of their escape; G. Use due care to attend to and control the movement of their cows; H. Use due care to construct, maintain, and repair fences, and other instrumentalities to confine the COWS; I. Establish proper security and safeguards to prevent animal escape to the highway; J. Inspect fences and other instrumentalities of animal control properly and on a regular basis. K. Detect the escape of an unattended cow. 23. It is believed and therefore averred that the cow was under the management of McCullough and that but for McCullough's negligence, the cow would not have been on and around Centerville 5 ""T 1- '-'--' '."fu . r .-., Road, causing the impact. 24. But for the presence of the cow on the roadway, this accident would not have occurred and Plaintiff would not have sustained the injuries detailed herein. 25. McCullough is prima facie negligent by virtue of the presence of the cows they managed on the high speed roadway, causing a collision which would not have occurred but for the presence of the animals, pursuant to Bender v. Welsh, 25 A.2d 182 (pa. 1942). 26. The harm caused by the McCullough's cow should have been foreseeable to Defendants. WHEREFORE, Plaintiff demands judgment be entered against Donald and vicki McCullough for unliquidated damages exceeding the jurisdictional amount requiring arbitration, plus the costs of this action and interest from the date of judgment. COUNT II FREDA H. MYERS v. AMY L. DANNER 27. Plaintiff incorporates Paragraphs 1 t:hrough 16, by reference thereto, as if fully set forth at length. 28. Danner diverted her attention from the road ahead, causing her to strike the Myers vehicle without warning. 6 --<, -'... _ ~ 1-- _ ,,, ""._d . "1"0, I' ". ~"_ ,_'c T- ,-j -' 29. Defendant Amy L. Danner was negligent in that she: A. Failed to stop her vehicle within the assured clear distance ahead; B. Operated her vehicle at an excessive rate of speed under all the circumstances of this case; C. Followed Plaintiff's vehicle to closely; D. Exceeded the speed limit; E. Failed to maintain a proper lookout for traffic and traffic hazards ahead; F. Diverted her attention from what was taking place immediately ahead of her; G. Failed to warn Plaintiff of her approach; H. Failed to drive attentively; and I. Failed to maintain proper control of her vehicle. WHEREFORE, Plaintiff demands judgment be entered against Defendant, Amy L. Danner, for unliquidated damages exceeding the jurisdictional amount requiring arbitration, plus the costs of this action and interest from the date of judgment. Dated: '1- 'Jf!J -(j7) ~~;:u: & HALLE~ By ~ire ID #16826 1719 North Front Street Harrisburg, PA 17102 (717)234-4178 > 7 ~.,~ - '.-!'" , - ~' - , ~.' -ryol,"-, ',', 1'-' Y' -, " ~ _"',0"" I'~_!:_ r~I:~'-f_' _"'. " ,-- -,- VERIFICATION I, FREDA H. MYERS, hereby verify that the facts contained in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ::iA.:f! ~ DATE: 1- Ie; -00 -'''''':f_ ,~. ., . .- ." 're'""" , ^ , ,-0< '''-, " no,." ;!, 10:-" , ' ..,.. F~,-" . "Y ,,~ - ,_ ."_ , CERTIFICATE OF SERVICE I, Cheryl DeVere, an employee of the firm of Purcell, Krug & Haller, counsel for Plaintiff hereby certify that service of the foregoing COMPLAINT was made upon the following by telefax and by depositing a copy of same in the United States mail, postage Paaid' !fr, \ at Harrisburg, Dauphin County, Pennsylvania, on ~ 2000. Frank J. Lavery, Jr., Esquire 301 Market Street, Suite 800 P.O. Box 1245 Harrisburg, PA 17108 Amy L. Danner 1156 Centerville Road Newville, PA 17241 c//LJ~ CHERYL DeVERE -"-l- -~<i' "f"'f;-" - .' ",'- r'r_-~ COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS, CUMBERLAND COUNTY FREDA H. MYERS, Plaintiff NO. 00-1472 CIVIL TERM v. AMY L. DANNER and DONALD A. McCULLOUGH and VICKI C. McCULLOUGH, his wife, Individually and tld/b/a McCULLOUGH FARMS, Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Freda H. Myers, Plaintiff, c/o Howard B. Krug, Esquire, Plaintiffs counsel: You are hereby notified to file a written response to the enclosed NEW MATTER within twenty (20) days from service hereof or a judgment may be entered against you. LAVERY, FAHERTY, YOUNG & PATTERSON, P.C. Frarik J. Lavery, Jr., iUL P.O. Box 1245 Harrisburg, Pennsylvania 171 08-1245 Atty I.D. 42370 Attorneys for Defendants, Donald A. and Vicki C. McCullough, and McCullough Farms DATE: 1:?Jl! d) By: C,l'ii!'.,,, ~_" -.r -- "I-'--~ ,- COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS, CUMBERLAND COUNTY FREDA H. MYERS, Plaintiff NO. 00-1472 CIVIL TERM v. AMY L. DANNER and DONALD A. McCULLOUGH and VICKI C. McCULLOUGH, his wife, Individually and t/dfb/a McCULLOUGH FARMS, Defendants JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANTS, DONALD AND VICKI McCULLOUGH, t/d1b/a McCULLOUGH FARMS AND NOW, come Defendants, Donald A. and Vicki C. McCullough, Individually, and t/d/b/a McCullough Farms (hereinafter, "Answering Defendants"), by and through their authorized undersigned counsel, and file this Answer and New Matter to the Complaint filed by Plaintiff, Freda H. Myers, and in support thereof, aver as follows: I. - 5. Admitted. 6. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the veracity of the allegations regarding time and direction traveled, which averments are accordingly denied. '''!'\'';'l' "~~. - ~. r. I_~ -< . "' - ~ ~ "~ 7. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the veracity of the allegations regarding Defendant Danner's direction traveled, which averments are accordingly denied. 8. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the veracity of the allegations contained in paragraph 8 of Plaintiffs complaint, which averments are accordingly denied. Strict proof thereof is demanded at trial, if relevant. 9. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the veracity of the allegations contained in paragraph 9 of Plaintiffs complaint, which averments are accordingly denied. Strict proof thereof is demanded at trial, if relevant. 10. Admitted in part and denied in part. It is admitted that Plaintiffs vehicle struck one of Answering Defendants' cows. The remainder of the paragraph 10 is denied, in that, after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the veracity of the allegations contained in paragraph 10. 11. Admitted in part and denied in part. It is admitted that Defendant Danner's vehicle at some point collided with Plaintiffs vehicle, apparently from the rear. The """-,, - 'f" - ""'!"'I - -~" ~"~,- remainder of the paragraph II is denied, in that, after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the veracity of the allegations contained in paragraph 11 regarding the timing or force involved. 12. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the veracity of the allegations contained in paragraph 12 of Plaintiffs complaint, which averments are accordingly denied. Strict proof thereof is demanded at trial, if relevant. 13. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the veracity of the allegations contained in paragraph 13 of Plaintiffs complaint, which averments are accordingly denied. Strict proof thereof is demanded at trial, if relevant. 14. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the veracity of the allegations contained in paragraph 14 of Plaintiffs complaint, which averments are accordingly denied. Strict proof thereof is demanded at trial, if relevant. 15. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the veracity of the allegations -",,,<I, , "~ .41111 !-] "j contained in paragraph 15 of Plaintiffs complaint, which averments are accordingly denied. Strict proof thereof is demanded at trial, if relevant. COUNT I 16. The averments contained in paragraph 16 of Plaintiff's complaint constitute a conclusion of law, to which no responsive pleading is required. To the extent that a response is deemed necessary, the averments are denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 17. Paragraphs I through 16 of Answering Defendants' Answer are incorporated by reference herein as though set forth in their entirety. 18. Denied. These averments are denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 19. The averments contained in paragraph 19 of Plaintiffs complaint constitute a conclusion of law, to which no responsive pleading is required. To the extent that a response is deemed necessary, the averments are denied pursuant to Rule l029(e) of the Pennsylvania Rules of Civil Procedure. 20 Denied. . ",],",.. 11 ~--~, 21. The averments contained in paragraph 21 of Plaintiff s complaint constitute a conclusion of law, to which no responsive pleading is required. To the extent that a response is deemed necessary, the averments are denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 22. The averments contained in paragraphs 22 (A - K) of Plaintiffs complaint constitute conclusions of law, to which no responsive pleading is required. To the extent that a response is deemed necessary, the averments are denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 23. The averments contained in paragraph 23 of Plaintiffs complaint constitute a conclusion of law, to which no responsive pleading is required. To the extent that a response is deemed necessary, the averments are denied. 24. The averments contained in paragraph 24 of Plaintiffs complaint constitute a conclusion of law, to which no responsive pleading is required. To the extent that a response is deemed necessary, the averments are denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 25. The averments contained in paragraph 25 of Plaintiffs complaint constitute a conclusion of law, to which no responsive pleading is required. To the extent that a response is deemed necessary, the averments are denied pursuant to Rille 1029(e) of the Pennsylvania Rules of Civil Procedure. , 'I , 26. The averments contained in paragraph 26 of Plaintiffs complaint constitute a conclusion of law, to which no responsive pleading is required. To the extent that a response is deemed necessary, the averments are denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. COUNT II 27. Paragraphs 1 through 16 of McCullough Defendants' Answer are incorporated herein be reference as though set forth in their entirety. 28. Paragraphs 28 and 29 are directed at a person other than the Answering Defendants, such that no response is required. To the extent that the allegations set forth therein assert or imply liability on the part of the Answering Defendants, they are denied, and strict proof thereof is demanded at trial, ifrelevant. NEW MATTER 29. Plaintiffs claims are barred/limited by application of the Comparative Negligence Act. 30. Plaintiffs claims are barred/limited by application of the Motor Vehicle Financial Responsibility Act, as amended. <t>f_ I " , ! ,~ . - ~, "''C'''' -" ~""""""_._" ~ ~-~g~~. ~ ""'I": ~H ~1 -""'T'~' 1f~IW.tJtl<'PJ!~".,~,:,]~""",,~ ,~;l!ifJ)f" __ .~,...",,_.b~ ."'7r~'~'~ ~.lllfi,! 31. Plaintiff negligently caused and! or contributed to this accident in that she failed to: a. Operate her vehicle with due care; b. Operate her vehicle at a speed reasonable and prudent for the roadway conditions as they existed on the date of the accident; c. Operate her vehicle at a speed that did not enable her to stop her vehicle within the assured clear distance ahead; d. Pay appropriate attention to the roadway ahead; and e. Maintain her vehicle in proper control. 32. But for the preceding impact occurring between the vehicles of Defendant Danner and Plaintiff, McCullough Defendants' cow would not have been struck by Plaintiff s vehicle. 33. The negligence of Plaintiff and!or Defendant Danner was the proximate cause of the accident resulting in alleged injury and damages to Plaintiff. WHEREFORE, McCullough Defendants submit that the Complaint against them should be dismissed with prejudice. ""ll'.lffill ~-.I -"~-- ~ 1 -1 , . DATE: 5/:y)/uo . , '+.,~" '"' I~" -"""', Respectfully submitted, LAVERY, FAHERTY, YOUNG &PATTERSON,P.C. By: ~L~ tM/~~ Frank J. Lavery, Jr., Esquir P.O. Box 1245 Harrisburg, Pennsylvania 171 08-1245 Atty!.D.42370 Attorneys for Defendants, Donald A. and Vicki C. McCullough, and McCullough Farms - - .," ""~I" VERIFICATION The undersigned hereby verifies that the facts set forth in the foregoing ANSWER and NEW MATTER are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the defense of this lawsuit. The language of the ANSWER and NEW MATTER is that of counsel and not my own. I have read the ANSWER and NEW MATTER and to the extent that the ANSWER and NEW MATTER is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the ANSWER and NEW MATTER is that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: J: -2S~CJD ~!~~at4[ Date: 5- J-5"-{J) IJ' !. !)~c.mV~f~ Vicky . McCullough Q ."'fie"" . '" "~ .1 I , - .rxr CERTIFICATE OF SERVICE I, Linda L. Gustin, an employee of the law firm of Lavery, Faherty, Young & Patterson, P.e., do hereby certify that on this J 0 +h day of May, 2000, I served a true and correct copy of the foregoing ANSWER AND NEW MATTER OF DEFENDANTS, DONALD AND VICKI McCULLOUGH, tjdjbja McCULLOUGH FARMS by U.S. First Gass mail, postage prepaid, addressed as follows: Howard B. Krug, Esquire 1719 North Front Street Harrisburg, PA 17102 L.rula- L. ~;) Linda L. Gus . ~'~.;:ij! , . I.' r:r.^ ,",,,. .,.,.." _~_~^ ~!I!T ,...., ~"I'- - . '. ,~ 0 ..~ (;:) .~ -05:: W 3: --I -<In 11 ;::11I '''- 2;:0 -< lTl!J! ei;~: W -n~ -<:7 ::0 : r=~- -, ;,:::0 '-~~ "'0 -0 ;~~ Z oJ ::z: -0 Z,'_ >e: ~ (5 ~ ~, C:J1 :!~ :0 -< Ill. 111_ ~ ~,,,,,,,,,,,,.\""~!M1W'~1';'!m'~,:~_~,_ _~",~,! ,~J!rJl!!$l~~~~ , FREDA H. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-1472 CIVIL TERM AMY L. DANNER and DONALD A. McCULLOUGH and VICKI C. McCULLOUGH, his Wife, individually and t/d/b/a McCULLOUGH FARMS, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO NEW MATTER AND NOW, comes Plaintiff, FREDA H. MYERS, by and through her authorized undersigned counsel, and files this ANSWER TO NEW MATTER filed by Defendants, Donald A. and Vicki C. McCullough, Individually, and t/d/b/a McCullough Farms, and in support thereof, avers as follows: 29. Denied. This paragraph is denied as a conclusion of law to which no further response is required. 30. Denied. This paragraph is denied as a conclusion of law to which no further response is required. 31. Denied. This paragraph is denied as a conclusion of law to which no further response is required. Furthermore, to the extent such contains allegations of fact, same are denied, as more fully set forth in Plaintiff's Complaint. '~~, ,- '-~'-",^,.---- ~'''/'':' -'-.,1 "-,, "-"-"'_"'___,.,' '~'-,"','E~:'_-' " -Po:-:;'> 1-. __ "" ,-l , 1 32. Denied. This paragraph is denied as a conclusion of law to which no further response is required. Furthermore, to the extent such contains allegations of fact, same are denied, as more fully set forth in Plaintiff's Complaint. 33. Denied. This paragraph is denied as a conclusion of law to which no further response is required. Furthermore, to the extent such contains allegations of fact, same are denied, as more fully set forth in Plaintiff's Complaint. WHEREFORE, Plaintiff respectfully requests This Honorable Court to dismiss the Defendant's New Matter with prejudice. Respectfully submitted, By rug, Esquire #16826 1719 North Front Street Harrisburg, PA 17102 Date: ~- t- DO - 2 - ~_ ,_"~> !,c_ .'''''_ ','>' _, -'-"-,-'---'1'-:_,-<' ,0'~- i__"_^__~_ _-,~_,<,_7"""__c_ - ""-,;'l-' . " ,',." -j ,-.,-- ~. VERIFICATION I, FREDA H. MYERS, hereby verify that the facts contained in the foregoing ANSWER TO NEW MATTER are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~ 7./.~ F EDA H. MYERS DATE: {; - j -lJtJ "'~~-" -~ _..-~"~ <. " ~,-. --,"'~;",'l~<-,'- -, .'-~-'~'""'F__!_',,"-'",-'"-'e'-': .r;'1 '_ -7,- I --'-''''' .--,. . ""-' - -.~, CERTIFICATE OF SERVICE I, CYNTHIA A. SCHUBACK, an employee of the law firm of Purcell, Krug & Haller, counsel for Plaintiff, hereby certify that service of the foregoing Plaintiff's ANSWER TO NEW MATTER was made upon the following by First Class United States Mail, postage prepaid, Dauphin County, Pennsylvania, on "3 \lJ\I.\l- l ~ 2000. Jefferson J. Shipman, Esquire Goldberg, Katzman & Shipman 320 E Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant Amy L. Danner Frank J. Lavery, Jr., Esquire Lavery, Faherty, Young & Patterson, P.C. P.O. Box 1245 Harrisburg, PA 17108-1245 Attorneys for Defendants Donald A. and Vicki C. McCullough, and McCullough Farms ~~,~\\-\~~ Cyhthia A. Schuback ~- '-~':' ,,-, "" - --,!"'" -. ", " ,-' ,'-" ;;;' ~ 1- " ,. "- -, ., ^,,' ,.:", _, '7" .,-, I! I, Ii " Ii I, I' I; I, I, 11 j, I, I E Ii Ii I' II 11 :i 1i i.! ! ~ H " l-l Ii Ii [I " !1 :J ;i " U !-: r; lJ Ii " j) !J ji ).: " i; Ii i] 11 :; Ii jj Ii i'~__, > . Jefferson J.Shipman, Esquire LD. #: 51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant ~ FREDA H. MYERS, Plaintiff vs. AMY L. DANNER and DONALD A. McCULLOUGH and VICKI C. McCULLOUGH, his wife, Individually, and t/d/b/a McCULLOUGH FARMS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00-1472 Civil Term JURY TRIAL DEMANDED NOTICE TO: Plaintiff and Defendants, Donald A. McCullough and vicki C. MCCullough, his wife, individually. and t/d/b/a McCullough Farms You are hereby notified to plead to the enclosed New Matter and Cross-Claim within twenty (20) days from the date of service hereof, or a default judgment may be entered against you. DATE: June 15, 2000 46469.1 " "I'" , ~ ""-"'_", 0 0 0 " ,._ ,J '0' "---'l'-'j"""_,:, SHIPMAN, P.C. . f on J. Shipma Market Street P. . Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant, Amy L. Danner -':1---' 0"__=- ,., " ..'.,-" -'----~"",' " Jefferson J.Shipman, Esquire LD. #: 51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant FREDA H. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 00-1472 Civil Term AMY L. DANNER and DONALD A. McCULLOUGH and VICKI C. McCULLOUGH, his wife, Individually, and t/d/b/a McCULLOUGH FARMS, Defendants JURY TRIAL DEMANDED ANSWER, NEW MATTER AND CROSS-CLAIM PURSUANT TO PA. R.C.P. 2252(dl AND NOW, comes the Defendant, Amy L. Danner, by and through her counsel, Goldberg, Katzman & Shipman, P.C., and files the following Answer, New Matter and Cross-Claim: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. After reasonable investigation the answering Defendant, Amy Danner, is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 4 and the same are, therefore, denied. I:," , _.~ ,'c ,~,_ _",."_ "" '-~:':~'_'--"-_I" ,n,,,,_,,,~,,,_,,,, ,~.-~.-'----___CI_-_'-'--' .. '. -'-'" 1,- '0'-"" "'''.-~L''_,"_,~", ;.,_:>y,!,_, ."~,_~:",, . . 5. Denied. After rea onable investigation the answering Defendant, Amy Danner, is wi huut sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 5 and the same are, therefore, denied. 6. Denied. After rea onable investigation the answering Defendant, Amy Danner, is wi hout sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 6 and the same are, therefore, denied. 7. It is admitted onl that answering Defendant, Amy Danner, was traveling north n Centerville Road. The remaining averments of Paragraph 7 are 8. Denied. After rea as stated. investigation the answering Defendant, Amy Danner, is wi hout sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 8 and t:he same are, therefore, denied. 9. Denied. After rea onable investigation the answering Defendant, Amy Danner, is wi hout: sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 9 and the same are, therefore, denied. 10. Denied. After reasonable investigation the answering Defendant, Amy Danner, is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 10 and the same are, therefore, denied. 2 - "'_",' ",n" "_ ,,<,,, ,.".- ~. -, _ --:-;:f-"_,I"_, _;:: ~>" C'_, "7,'"'_rp',".~ . ';""'0 -",,' r-_1~-'_,_7' - -'1"''''---' '-, -',''''"-''"'', .<"-"" ., ___C":~ ."-~@ -~-~- '_'" ,~"'- ,,,- ~ 11. Admitted only that there was contact between the Danner vehicle and the rear of the Myers vehicle. It is specifically denied that the contact was with ~great force". 12. Denied. The averments contained in paragraph 12, are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, those averments are specifically denied. After reasonable investigation the answering Defendant, Amy Danner, is without sufficient knowledge or information to form a belief as to the truth of the remaining averments Paragraph 12 relating to Plaintiff's alleged injuries and the same are, therefore, denied and strict proof demanded at the time of trial. 13. Denied. After reasonable investigation the answering Defendant, Amy Danner, is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 13 and the same are, therefore, denied and st:rict: proof demanded at: t:he time of t:rial. 14. Denied. After reasonable investigation the answering Defendant, Amy Danner, is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 14 and the same are, therefore, denied and strict proof demanded at the time of trial. 3 , , ,~;."",,.r, '---"<, -',. ,'" ""I - ~.-.q-,-~-'_~:p",-;~ J'::., ''::''''~' 1 "-I , ~'" ,1-, ~,57,~"'_'_~ "_"~,.,_",",,:,,,,,_,_ _ _~,_"_',",'" ',^".,,- -,~ , 15. Denied. After reasonable investigation the answering Defendant, Amy Danner, is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 15 and the same are, therefore, denied and strict proof demanded at the time of trial. 16. Denied. After reasonable investigation the answering Defendant, Amy Danner, is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 16 and the same are, therefore, denied and strict proof demanded that the time of trial. COUNT I ::; I:: FREDA H. MYERS v. DONALD A. McCULLOUGH and VICKI C. McCULLOUGH Ii' I:; !ij II I I' I' II Ii I'.'.. ..! 1....1. , Ii I.,' i.: Ci r,' " II I: I: jd II.'..,..: " , :1 ,'1 I !ii , 17. The answering Defendant, Amy Danner, incorporates herein by reference her answers to Paragraphs 1 through 16 above as though fully set forth herein at length. 18-26. The averments contained in Paragraphs 18 through 26 are directed to another party and accordingly no response is required by answering Defendant, Amy Danner. 4 Ii 1;1 I'! j:.".. , ,',,,- --','~^- ":-->-., -'~" - ;-,::._'J'<< ',---^ --" ,"-', .,_~",c,e ';[1:-:'1" - ~-'-- " -- ',1" ,-, ,._-,~-,p"~,...- ,,"-.-"~F--O'-' __,',m , .1"t" -~, WHEREFORE, the Defendant, Amy Danner, respectfully requests that judgment be entered in her favor and that Plaintiff's Complaint be dismissed with prejudice. COUNT II FREDA H. MYERS v. AMY L. DANNER 27. The answering Defendant, Amy Danner, incorporates herein by reference her answers to Paragraphs 1 through 16 above as though fully set forth herein at length. 28. Denied. The averments contained in Paragraph 28 are conclusions of law and fact to which no response is required. If " i , -j a response is deemed to be required, the averments contained t:herein are specifically denied. J, 29. Denied. The averments contained in Paragraph 29, ! subparagraphs A. through I., are conclusions of law and fact to j '^i 'j , 'I i 1 , J which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. i ',I 'I i I A. It is specifically denied that answering Defendant, Amy Danner, failed to stop her vehicle within the assured clear distance ahead; :i ~ 5 , ;'~ "_"_,C "0,_'''''_,'7" -,' ,-. cl,-!'"p_ "'f\'~",-"i---""k ,.:-' ,'-. ''''',,''r::I: --.' - - '-j__' -. '. - - ."e"" ',',_~ ",__",,,:<,,~'_~''''''';'''''' .__, . ^ "" I, I II i II 1\ i~ Iii I!i :il 'I" :[ Iii ~ II i'l i~ ~ ,iJ 'I il j iti ,I I 1 ',f "i lil ! 'il ,oJ 'il ::1 'iJ iJ i1 'i'j '!1 " 'I " :1 ':1 :ij "1 ~ ,il ~.1 , ::i :) 'Ii ",1 II I':' ,.~ ., ,'''-';--', - " '~,' B. It is specifically denied that answering Defendant, Amy Danner, operat:ed her vehicle at an excessive rate of speed under all the circumstances of this case; C. It is specifically denied that answering Defendant, Amy Danner, followed the Plaintiff's vehicle too closely; D. It: is specifically denied that answering Defendant, Amy Danner, exceeded the speed limit; E. It is specifically denied that answering Defendant, Amy Danner, failed to maintain a proper look-out for traffic and traffic hazards ahead; F. It is specifically denied that answering Defendant, Amy Danner, diverted her attention from what was taking place immediately ahead of her; G. It is specifically denied that answering Defendant, Amy Danner, failed to warn the Plaintiff of her approach; H. It is specifically denied that answering Defendant, Amy Danner, failed to drive attentively; and I. It is specifically denied that answering Defendant, Amy Danner, failed to maintain proper control of her vehicle. 6 ."'1 '''-'~ -'~;'- 'i_-~"^;~:"I . 1-<',--' -,' 1-- -, ',7.C'C"'-_, ",- .'__'" ,.._,_~'-~''''-_ "" . ,-~ - , ~ WHEREFORE, the Defendantl' Amy Danner, respectfully request:s that judgment be entered in hrr favor and that Plaintiff's I Complaint be dismissed with PFejudice. I By way of further N~W MATTER answerl and response, the Defendant:, Amy L. I follo~ing New Matter defenses: Danner, interposes the 30. That this action is subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. ~170l, et seo. 31. That Plaintiff's claims may be limited or barred by the "Limited Tort:" Option, pursuant to 75 Pa. C.S.A. ~1705, et ~. 32. That if it should be found that there was any negligence on the part of the answering Defendant, Amy Danner, which negligence is expressly denied, any such negligence was not a proximate cause of any damages to the Plaintiffs. 33. That the accident and any injuries were caused in whole or in part by an Act of God or by forces beyond the control of the answering Defendant, Amy Danner. 34. That if the Plaintiff suffered the injuries alleged in the Complaint, those injuries were caused in whole or part by the 7 ;'" . -"-"'F _"" .-;-~, -.--t -' "',;O~_'>'''; ','."'~':f,;'_,,-~,<_",.,,:_" __'I' I __'. - -: ""'-~'_,-_r_,_1'__ ''i"~'" ,<~,^;"_'"__~ ';c" .-,~ ,- - - negligence of Plaintiff, and recovery in this action is barred or diminished in accordance with the Pennsylvania Comparative Negligence Act. 35. The negligence of the Plaintiff, Freda Myers, included, without limitation, the following: (a) Failing to have her vehicle under proper and adequate control; (b) Failing to keep a proper look-out on a highway; (c) Failing to drive at a speed which was safe for the conditions then and there existing; and (d) Failing to warn of her presence on the highway. 36. That the Plaintiff's failure to exercise reasonable care for her own safety was a substantial factor in the happening of the accident. 37. That the Plaintiff's injuries and damages, if any, were not caused by any act, omission or breach of duty by answering Defendant:, Amy Danner. 38. That the Plaintiff knowingly and voluntarily assumed the risk of her own injuries under the circumstances then and there exist:ing. 39. That the accident, and any injuries sustained by Plaintiff, may have been caused by an intervening superceding cause. 8 -~, --q.,-., --~,-' ---.-, ''"''- "" -'~T ~-,~ ~ .,>~,-,,, .-C_.___,' - 1':-:1 ' .<, "",~""".,,~.<"e.'n.,","" 40. That the accident and any injuries sustained by Plaintiff may have been caused by a sudden emergency. 41. That the accident and any injuries sustained by Plaintiff may have been caused by an unavoidable accident. WHEREFORE, the answering Defendant, Amy L. Danner, respectfully requests that judgment be entered in her favor and that Plaintiff's Complaint be dismissed with prejudice. CROSS-CLAIM PURSUANT TO PA.R.C.P. 2252(d) 42. That if it is determined that the Plaintiff is entitled to recover any or all of the damages sought in her Complaint, which right as to the answering Defendant, Amy Danner, is :i ii ;j , i'i '-j :1 ,J specifically denied, then in that event, liability rests solely wit:h the Defendants, Donald A. McCullough and vicki C. MCCullough, his wife, Individually and t/d/b/a McCullough Farms, based on the allegations set forth in the Plaintiff's Complaint. 43. That if it is determined t:hat the Plaintiff is entitled to recover any or all of the damages sought in her Complaint, which right as answering Defendant, Amy Danner, is specifically denied, then in that event:, Defendants, Donald A. McCullough and 9 7_'~._ ~, '",-'("..,," ;,',":" y" , '"'f1"": , ,C' --.'-~_-""rf '. I , ""~' ."yO' ". " ,.. " Vicki E. McCullough, his wife, individually and t/d/b/a McCullough Farms, are jointly and/or severally liable with Amy Danner, or liable over to Amy Danner for contribution and/or indemnity. WHEREFORE, the answering Defendant, Amy L. Danner, respectfully requests that judgment be entered in her favor and t:hat: Plaint:iff's Complaint be dismissed with prejudice. Respectfully submitted, P.C. erson J. Shipman 32 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant, Amy L. Danner 45426.1 10 --'," - .. ;"'~'~,i"-"-;:;:"'-'" -.~ H_ -',' 7'.l:""- ~ "c~:"_,~_t",,,,, "">' ~ -,~ ':_'l,t::-';~:~' . ~_J "-1 --'-":"""";':-",-,_b_,,7;.<7",F'_','~' .;_ _,,---,f..'''... VERIFICATION I, Amy L. Danner, have read the foregoing and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. S;4904. {l.Q;(2 DATE: (O-l"?-OO 45429.1 , ~~-'- - , - , _",;,,~,:M'~' ;., --.-';-," '-- ",_~,,,,-_7T _C-;_C"_'-'---~-~_'_PJ" "'_"'~<- -- . -;.0-'-'';..-1"'--1'.",.' _ ',' ..y ~'-- ~-,--.'- -,: --I 0 - c -- ,,_ ,to, '"',...~?,Y" ".7:',,'7,.";:"_," '"'" .r ",_,_' ~'." " CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on June 15, 2000: Howard B. Krug, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Attorneys for Plaintiff Frank J. Lavery, Jr., Esquire Lavery, Faherty, Young & Patterson, P.C. P.O. Box 1245 Harrisburg, PA 17108-1245 Attorneys for Defendants, McCullough SHIPMAN, P.C. . f on J. Shipm .D. #: 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant, Amy L. Danner 46467.1 '~(L , , --~ F' "_.., , H_"' . ,,0 _-,c 1;-:,'- I--~-'; .' ~"'---- '" 1 -'--' , '"'. I , ,.^< , ;, ,. ",.,"""""'", ""..,..'c-' ... "" ","",.., """. C''-'-''''?,,'' . "" "','" r'- ,~ ~'-ro: .-,"~ " -,., "'''''''','"',.-" ~. v' ,_ (') . . " ,j C~ c.~) n .' -'1" ;[1 r~ :':''J ;-~ . ( (, C'''l , , S~) '. , ' .. " , ," -, ;.0;':;; ? :~) .':.;'] >- L~ ~,J c~ 2: :",j :.;~,~ -) (1) 5:.1 --.. -< .!II!!I.. ;::~ " ..,.... !I " 1-: I'! : ~ ::1 I"~ "". ? . , . . . r . COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS, CUMBERLAND COUNTY FREDA H. MYERS, Plaintiff NO. 00-1472 CIVIL TERM v. AMY L. DANNER and DONALD A. McCULLOUGH and VICKI C. McCULLOUGH, his wife, Individually and t/d/b/a McCULLOUGH FARMS, Defendants JURY TRIAL DEMANDED ANSWER TOCROSS-CLAIM OF DEFENDANT DANNER BY DEFENDANTS. DONALD A. MCCULLOUGH and VICKY C. MCCULLOUGH.t/d/b/a MCCULLOUGH FARMS AND NOW, come Defendants, Donald A. and Vicki C. McCullough, Individually, and t/d/b/a McCullough Farms (hereinafter, "Answering Defendants"), by and through their authorized undersigned counsel, and file this Answer to the Cross- Claim filed by Defendant, Amy Danner, and in support thereof, aver as follows: 1-41. The averments set forth in Paragraphs 1 through 41 of Defendant Danner's Answer, New Matter and Cross-Claim Pursuant to Pa. R.C.P. 2252(d) are directed to another party and require no response from Answering Defendants beyond those responses provided in Answering Defendants' Answer and New Matter to Plaintiffs Complaint, which has previously been filed of record. 42. Denied. The averments contained in paragraph 42 of Defendant Danner's Cross-Claim constitute a conclusion of law, to which no responsive pleading is required. , , "'~'<1_ , , , . ..' ,. To the extent that a response is deemed necessary, the averments are denied pursuant to Rule 1 029( e) of the Pennsylvania Rules of Civil Procedure. 43. Denied. The averments contained in paragraph 43 of Defendant Danner's Cross-Claim constitute a conclusion of law, to which no responsive pleading is required. To the extent that a response is deemed necessary, the averments are denied pursuant to Rule 1 029( e) of the Pennsylvania Rules of Civil Procedure. WHEREFORE, Answering Defendants submit that the Cross-Claim against them should be dismissed with prejudice. DATE: ~)~ID \~ By: Fr J. Lavery, Jr., qUIre P.O. Box 1245 Harrisburg, Pennsylv . a 17108-1245 Atty I.D. 42370 Attorneys for Defendants, Donald A. and Vicki C. McCullough, and McCullough Farms ( < , ~ CERTIFICATE OF SERVICE I, Linda L. Gustin, an employee of the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on this "J,b r/-h day of June, 2000, I served a true and correct copy of the foregoing DEFENDANTS' ANSWER TO CO-DEFENDANT'S CROSS-CLAIM by U.S. First Class mail, postage prepaid, addressed as follows: Howard B. Krug, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 171 02 Jefferson J. Shipman, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 ~L.~ Linda . Gustin ,-,~ , I , Ir ~ ~'l ..... , ~ , ~II'II!\l!lIPRllP.!l'lI. ,~" , ~ ~.~ -, > -, '- r-. ~ .'M --;~ '?-~'-'"~ C.-C.' .,',~ ti_~",'f._ .." '"'f'il_~-- , 0 ,=> 1",) c:: c-'l- _OJ ::,~ 1:,11"1,' --. nltr: nO". " ,C Z:r-~ ;V .. ?: 5: , UJ "T' -< ?~) c:> r::: , "'-... :;j --'. 2 () , ,::--...:: )> N (:.5 ." c:: -. ~ 1') ~ co -< ...""" ~~@l~I~~~!"J'flWIli\~r,~~~!f~~_"'~~~-( ~ Ii I:] r! Ii Ii l i I 1'1 I.. i'j I.; U 11 II I:.i II II i-i , j.j i ~ >11 'il :{I I 1 il 'I il 1 " !) 'j -;1 'I !,_.,~ . FREDA H. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-1472 CIVIL TERM AMY L. DANNER and DONALD A. McCULLOUGH and VICKI C. McCULLOUGH, his Wife, individually and t/d/b/a McCULLOUGH FARMS, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO NEW MATTER OF AMY L. DANNER AND NOW, comes Plaintiff, FREDA H. MYERS, by her at:torneys, Purcell, Krug & Haller, in response to the New Matter of Defendant, Amy L. Danner, as follows: 30. Denied. This paragraph is denied as a conclusion of law to which no further response is required. Proof is demanded. 31. Denied. This paragraph is denied as a conclusion of law to which no further response is required. Proof is demanded. 32. Denied. This paragraph is denied as a conclusion of law to which no further response is required. Proof is demanded. 33. Denied. This paragraph is denied as a conclusion of law to which no further response is required. Proof is demanded. 34. Denied. This paragraph is denied as a conclusion of law to which no further response is required. Proof is demanded. 35. Denied. This paragraph is denied as a conclusion of law to which no further response is required. Proof is demanded. off_,' ~"_,,__,'}^_,,"',.~:u,__~,.,-..,,_, ~'.'f"y-"~~" ~'",'V~-'-<,'-' <,~-!,.'J--"-,,_:,:--,'-'- _,'''''-?', '___"':>,_ _,-_vr'..'__^_'_L,"-""~_ , , 36. Denied. This paragraph is denied as a conclusion of law to which no further response is required. Proof is demanded. 37. Denied. This paragraph is denied as a conclusion of law to which no further response is required. Proof is demanded. 38. Denied. This paragraph is denied as a conclusion of law to which no further response is required. Proof is demanded. 39. Denied. This paragraph is denied as a conclusion of law to which no further response is required. Proof is demanded. 40. Denied. This paragraph is denied as a conclusion of law to which no further response is required. Proof is demanded. 41. Denied. This paragraph is denied as a conclusion of law to which no further response is required. Proof is demanded. WHEREFORE, FREDA H. MYERS, Plaintiff, respectfully requests that judgment be entered in her favor in conformity with her original Complaint. By PURCELL, Ho Date: 9VM-Sl ~(~ jr:Jrj"C - 2 - '~-"'~,-, '.' <"--;-\~"!;~~"-' _~:."H_:\"'~' ~"O_'?:'''_'1",>: If:"_,,"'~-\___C,'""~I_' '~'^~~_;"""':"';:",-f-;~~'-'~_:-:_ - L ,or ''',',. ',_ --" ,-.-' -,-_ _~'r '''HC' -e.' ,_ " _,c', ,,_:>c_ --'~~,_~_,~_ ";" .~_ ,-- r VERIFICATION I, FREDA H. MYERS, hereby verify that the facts contained in the foregoing ANSWER TO NEW MATTER OF ~lY L. DANNER are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~~)/. ~ FR DA H. MYERS DATE: {; - j ~tJO ;,'''''''<:1'' ,'~." 'r-. ,'eo -.- ..----i,-,,'-, .' "y_o.~~'_ ,?,__~> ' "_-,~ ., "';"1--" ,".. e,,_.__. ~ , . , . .~ ,-,- - -~ ,. . CERTIFICATE OF SERVICE I, CYNTHIA A. SCHUBACK, an employee of the law firm of Purcell, Krug & Haller, counsel for Plaintiff, hereby certify that service of the foregoing Plaintiff's ANSWER TO NEW MATTER OF AMY L. DANNER was made upon the following by First Class United States Mail, postage prepaid, Dauphin County, Pennsylvania, on 911 \1\(L~ , 2000. Jefferson J. Shipman, Esquire Goldberg, Katzman & Shipman 320 E Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant Amy L. Danner Frank J. Lavery, Jr., Esquire Lavery, Faherty, Young & Patterson, P.C. P.O. Box 1245 Harrisburg, PA 17108-1245 Attorneys for Defendants Donald A. and Vicki C. McCullough, and McCullough Farms t Ii " [i ~ I Ii p ,- C-*~~(\'S,~..~ C nthia A. Schuback -~ ' ~-_ - ,-(--,<7::--+""'-"-.-:' ,- -.- <. -1'" ,po .. '.... '-,-""-'--,,-',- -..--, ,"' u' ~_,~_, . ~___ -"_._"- CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.ZZ'F IN THE MATTER OF: COURT OF COMMON PLEAS FREDA H. MYERS TERM, -VS- CASE NO: 00-1472 AMY L. DANNER, ET AL, As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 KCS on behalf of JEFFREY SHIPMAN, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, il :1 il \1 ~' i 1.1 !! ;j (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been receivedp and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. I~I ~~ ~~/ ~1r DATE: 07{10/2000 JEFFREY SHIPMAN, ESQUIRE Attorney for DEFENDANT , I; I; 1,1 I'., .~ DEll-1941Z! 3:L420-LO:L .~ ,r COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS FREDA H. MYERS TERM, -VS- CASE NO: 00-1472 AMY L. DANNER, ET AL, NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS RETINA & OCULOPLASTIC CONSULT. ORTHO. SURGEONS OF CENTRAL PA. ROBERT THOMPSON, M.D. DAVID T. DILS, D.C. TERRY ROBINSON CARLISLE HOSPITAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL Ii ,\ II I) II I: II I' I, I! TO: HOWARD KRUG, ESQUIRE FRANK J. LAVERY, JR, ESQUIRE MCS on behalf of JEFFREY SHIPMAN, ESQUIRE intends to serve a 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 pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/20/2000 MCS on behalf of JEFFREY SHIPMAN, ESQUIRE Attorney for DEFENDANT CC: JEFFREY SHIPMAN, ESQUIRE 22740-937 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 ji ,: j " I I: Ii I' I' I: ij 1_.. DE02-125883 31420-COl ___, r__I' '" COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FREDA H. MYERS VS File No. 00-1472 AMY L. DANNER, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: RETINA & OCULOPLASTIC CONSULTANTS (Name of Person or Entity) ""'lithin t'\'.'enty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED at MCS GROUP INC. 1601 MARKET STREET SUITE BOO PHILADELPHIA PA 19103 (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 ad,,"nce, 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 FOLLOVVING PERSON: !'AME: JEFFREY SHIPMAN, ESQUIRE ADDRESS: 320 MARKET STREET, P.O. BOX 1268 HARRISBURG PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ID i;': AITOIU"EY FOR: THE DEFENDANT DATE: ://4~ /3 ~ Prothonotary/O., ~?/~ ~. !Jr#~ o/i' Deputy Seal of the Court -"-:'<!...~- " -'f-l ~ EXPlANATION OF REQIDRED RECORDS TO: CUSTODIAN OF RECORDS FOR: RETINA & OCULOPLASTIC CONSULT. 220 GRANDVIEW AVENUE PENNVIEW PLAZA CAMP HILL, P A 17011 RE: 31420 FREDA H. MYERS INCLUDING REPORTS,X-RAY REPORTS,MRI REPORTS, PHYSICAL THERAPY & ER RECORDS Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, 'consultation, care or treatment. .Dates Requested: up to and including the present. Subject: FREDA H. MYERS 32 BROA.D STREET, NEWVILLE, PA Social Security #: 168-24-2660 .Date of Birth: 01-26-1931 ;1 II ii I' II " Ii r, ~iil!1l~r - "'-"-1 5U10-254566 31420-LOl , " ~ ~~ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN :l'HE MATTER OF: COURT OF COMMON PLEAS FREDA H. MYERS TERM, -VS- CASE NO: 00-1472 AMY L. DANNER, ET AL, As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 KCS on behalf of JEFFREY SHIPMAN, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 07/10/2000 JEFFREY SHIPMAN, ESQUIRE Attorney for DEFENDANT "'ffii!l, DEll-194122 31420-L02 'J ,,, '~=1 I' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS FREDA H. MYERS TERM, -VS- CASE NO: 00-1472 AMY L. DANNER, ET AL, NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS RETINA & OCULOPLASTIC CONSULT. ORTHO. SURGEONS OF CENTRAL PA. ROBERT THOMPSON, M.D. DAVID T. DILS, D.C. TERRY ROBINSON CARLISLE HOSPITAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL TO: FRANK J. LAVERY, JR, ESQUIRE HOWARD KRUG, ESQUIRE MCS on behalf of JEFFREY SHIPMAN, ESQUIRE intends to serve a subpoeaa 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 pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to KCS or by contacting our local KCS office. DATE: 06/20/2000 KCS on behalf of JEFFREY SHIPMAN, ESQUIRE Attorney for DEFENDANT CC: JEFFREY SHIPMAN, ESQUIRE - 22740-937 Any questions regarding this matter, contact THE KCS GROUP mc. 1601 HARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-125884 31420 - C02 i:'~filI~'_, . ~.'- I ,~ .~~" COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FREDA H. MYERS VS File No. 00-1472 AMY L. DANNER, ET At SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: ORTHO. SURGEONS OF CENTRAL PA. (Name of Person or Entity) \Vithin ffi'enty (20) days after service of this subpoena. you cue ordered by the court to produce the following documents or things: SEE ATTACHED at MCS GROUP INC. 1601 MARKET STREET SUITE 800 PHILADELPHIA PA 19103 (Address) You Inay deliver or rnaillegible 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 sen'ing this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOUOVVING PERSON: NAME: JEFFREY SHIPMAN, ESQUIRE ADDRESS: 320 MARKET STREET, P.O. BOX 1268 HARRISBURG PA 17108 TELEPHONE: (215) 246-0900 SUPRE\1E COURT lD It: AITORo'lEY FOR: THE DEFENDANT '-- DATE: '-- JA.A :>F' /3. :J~CJ , Sea! of the Court ~~''Tr II I: I > I I, , , i, ti Ii I',"" EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: OR1HO. SURGEONS OF CENTRAL PA. 99 NOVEMBER DRIVE CAMP HILL, P A 17011 RE: 31420 FREDA H. MYERS INCLUDING REPORTS,X-RAY REPORTS,MRI REPORTS, PHYSICAL 1HERAPY REPORTS & ER RECORDS Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: FREDA H. MYERS 32 BROAD STREET, NEWVILLE, PA Social Security #: 168-24-2660 Date of Birth: 01-26-1931 SUlO-254568 3:L420-L02 '-.,-" " CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN ~rHE KATTER OF: COURT OF COMMON PLEAS FREDA H. MYERS TERM, -VS- CASE NO: 00-1472 AMY L. DANNER, ET AL, As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY SHIPMAN, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 07/10/2000 JEFFREY SHIPMAN, ESQUIRE Attorney for DEFENDANT :ii~1 ."'-- .'" DEll-194123 3:L420-L03 '..-,0= COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS FREDA H. MYERS TERM. -VS- CASE NO: 00-1472 AMY L. DANNER. ET AL. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS RETINA & OCULOPLASTIC CONSULT. ORTHO. SURGEONS OF CENTRAL PA. ROBERT THOMPSON. M.D. DAVID T. DILS, D.C. TERRY ROBINSON CARLISLE HOSPITAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL TO: FRANK J. LAVERY. JR, ESQUIRE HOWARD KRUG, ESQUIRE MCS on behalf of JEFFREY SHIPMAN. ESQUIRE intends to serve a subpoeaa 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 pursuant to the applicable pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/20/2000 MCS on behalf of JEFFREY SHIPMAN. ESQUIRE Attorney for DEFENDANT CC: JEFFREY SHIPMAN, ESQUIRE - 22740-937 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA. PA 19103 (215) 246-0900 DE02-125884 31420-C02 -'.MfII ~ I" .. ~ """" I COMMON\VEAL TH OF PENNSYLVANIA COUNTY OF CUMBERLAND FREDA H. MYERS VS File No. 00-1472 AMY L. DANNER, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: ROBERT THOMPSON, M.D. (l'iame 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: SEE ATTACHED at MCS GROUP INC. 1601 MARKET STREET SUITE 800 (Address) PHILADELPHIA PA 19103 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 sen'ing this subpoena may seek a court order compelling you to comply with it. ,I !I :1 II :1 :1 h , :1 II THIS SUBPOENA WAS rSSUED AT THE REQUEST OF THE FOLLO\\'ING PERSON: NAME: JEFFREY SHIPMAN, ESQUIRE ADDRESS: 320 MARKET STREET, P.O. BOX 1268 HARRISBURG PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ID It: ATIORNEY FOR: THE DEFENDANT DATE: ......)".1 J \L tJ ;)...Oc:Jr) , ProthonotaryJOerk. Civil Diy' . ~o-..~ ~p ~t:n?~/ Deputy \..... Sear of the Court f"_' '-1' ~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ROBERT TIIOMPSON, M.D. 220 WILSON STREET CARIJSLE, P A 17013 RE: 31420 FREDA H. MYERS INCLUDING REPORTS,X-RAY REPORTS,MRI REPORTS, PHYSICAL TIIERAPY REPORTS & ER RECORDS Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: FREDA H. MYERS 32 BROAD STREEI', NEWVILLE, PA Social Seauity #: 168-24-2660 Date of Birth: 01-26-1931 i;1 I :...1' ~ , ,"~, 'c,' - .," I!-' r I SU10-254570 31420-L03 " . CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS FREDA H. MYERS TERM, -VS- CASE NO: 00-1472 AMY L. DANNER, ET AL, As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY SHIPMAN, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 07/10/2000 JEFFREY SHIPMAN, ESQUIRE Attomey for DEFENDANT DEll-194124 31420-L04 '}iF , ~. - - "~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS F'REDA H. MYERS TERM. -VS- CASE NO: 00-1472 AMY L. DANNER, ET AL, NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS RETINA & OCULOPLASTIC CONSULT. ORTHO. SURGEONS OF CENTRAL PA. ROBERT THOMPSON, K.D. DAVID T. DILS, D.C. TERRY ROBINSON CARLISLE HOSPITAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL TO: FRANK J. LAVERY, JR, ESQUIRE HOWARD KRUG, ESQUIRE KCS on behalf of JEFFREY SHIPMAN, ESQUIRE intends to serve a subpoeaa 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 pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to KCS or by contacting our local KCS office. DATE: 06/20/2000 KCS on behalf of JEFFREY SHIPMAN, ESQUIRE Attorney for DEFENDANT CC: JEFFREY SHIPMAN, ESQUIRE - 22740-937 Any questions regarding this matter, contact THE KCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-125884 3 :L 42.0 - C 0 2. .,1 . . - ~ ,., --- r--I, ,~ " COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FREDA H. MYERS VS File No. 00-1472 AMY L. DANNER, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: DAVID T. DILS, D.C. (Name o( Penon or Entity) Within ffi"enty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED at MCS GROUP INC. 1601 MARKET STREET SUITE 800 PHILADELPHIA PA 19103 (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 ils service, the party sendng this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLm'\'ING PERSON: NAME: JEFFREY SHIPMAN, ESQUIRE ADDRESS: 320 MARKET STREET, P.O. BOX 1268 HARRISBURG PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ID II: ATIOR.''iEY FOR: THE DEFENDANT DATE: '- t~J" - L~ ~Ot'j Prothonotary/Oerk,. Civil O' s n a~CL g~~t>~ Deputy '- Seal of the Court '-[<I! , ~, - -, \ EXPIANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DAVID T. OILS, D.C. 14m TRINDLE ROAD CARUSLE, PA 17013 RE: 31420 FREDA H. MYERS INCLUDING REPORTS,X-RAY REPORTS,ER RECORDS,MRI REPORTS & PHYSICAL TIIERAPY REPORTS . Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: FREDA H. MYERS 32 BROAD STREET, NEWVILLE, PA Social Security #: 16S-24-2660 Date of Birth: 01-26-1931 -~~,J _~., ' '''+ , r 5U10-254572 31420-L04 ^ ( , , -----= CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS FREDA H. MYERS TERM, -VS- CASE NO: 00-1472 AMY L. DANNER, ET AL, As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY SHIPMAN, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 01/10!2000 JEFFREY SHIPMAN, ESQUIRE Attorney for DEFENDANT . ;~:.:If , ", I DEll-194125 31420-L05 - COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUM:BERLAND IN THE HATTER OF: COURT OF COMMON PLEAS FREDA H. MYERS TERM, -VS- CASE NO: 00-1472 AMY L. DANNER, ET AL, NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS RETINA & OCULOPLASTIC CONSULT. ORTHO. SURGEONS OF CENTRAL PA. ROBERT THOMPSON, K.D. DAVID T. DILS, D.C. TERRY ROBINSON CARLISLE HOSPITAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL TO: FRANK J. LAVERY, JR, ESQUIRE HOWARD KRUG, ESQUIRE KCS on behalf of JEFFREY SHIPMAN, ESQUIRE intends to serve a subpoeaa identical to the one that is attached to this notice. You have twenty (20) days frOlll 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 pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and retuming same to KCS or by contacting our local KCS office. DATE: 06/20/2000 KCS on behalf of JEFFREY SHIPMAN, ESQUIRE Attomey for DEFENDANT CC: JEFFREY SHIPMAN, ESQUIRE - 22740-937 Any questions regarding this matter, contact THE KCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-125884 31420-C02 ,.l COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FREDA H. MYERS VS File No. 00-.1472 AMY L. DANNER, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: TERRY A. ROBINSON, D.O. (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: SEE ATTACHED at MCS GROUP INC. 1601 MARKET STREET SUITE 800 PHILADELPHIA PA 19103 (Address) You may deli.'er 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 ad,'ance, 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 FOLLOW1NG PERSON: NAME: JEFFREY SHIPMAN, ESQUIRE ADDRESS: 320 MARKET STREET, P.O. BOX 1268 HARRISBURG PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ID ii: ATIOR."iEY FOR: THE DEFENDANT DATE: Ju...ur- IJ .) 1"\0(") , ProthonotaryjOerk. Civi sian " 00-; p~/ D uty Seal of the Court i-i:;~,_._ -~".',""=1""'~'" "; 1-- 1"'1 EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: TERRY ROBINSON 220 WILSON STREET SUITE 109 CARUSLE, P A 17013 RE: 31420 FREDA H. MYERS INCLUDING REPORTS,X-RAY REPORTS,MRI REPORTS,ER RECORDS & PHYSICAL TIIERAPY REPORTS Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: FREDA H. MYERS 32 BROAD STREET, NEWVILLE, PA Social Security /I: 168-24-2660 Date of Birth: 01-26-1931 ~JijIU( smO-254574 31420 LOS ['~I 'r CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS FREDA H. MYERS TERM, -VS- CASE NO: 00-1472 AMY L. DANNER, ET AL, As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY SHIPMAN, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be servedll (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 01/10/2000 JEFFREY SHIPMAN, ESQUIRE Attorney for DEFENDANT i-'~}!i_~ " " '^~, , ,..QW:~U~t ~J 4?9 I.P!;? ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE HATTER OP: COURT OP COMMON PLEAS FREDA II. MYERS TERM, -VS- CASE NO: 00-1472 AMY L. DANNER, ET AL, NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS RETINA & OCULOPLASTIC CONSULT. ORTHO. SURGEONS OP CENTRAL PA. ROBERT THOMPSON, M.D. DAVID r. DILS, D.C. TERRY ROBINSON CARLISLE HOSPITAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL TO: PRANK J. LAVERY, JR, ESQUIRE BOllARD KRUG, ESQUIRE MCS on behalf of JEFFREY SHIPMAN, ESQUIRE intends to serve a subpoeaa 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 pursuant to the applicable pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/20/2000 MCS on behalf of JEFFREY SHIPMAN, ESQUIRE Attorney for DEPENDANT CC: JEFFREY SHIPMAN, ESQUIRE - 22740-937 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-125884 31420 - C02 c:;wil~Q'L """"'1 - ,--" ~ v COMMONWEALTH OF PENNSYL V Ai'lIA COUNTY OF CUMBERLAND FREDA H. MYERS VS File No. 00-1472 AMY L. DANNER, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL (Name of Person or Entity) 'Y\'ithin tv.'enty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED at MCS GROUP INC. 1601 MARKET STREET SUITE 800 (Address) PHILADELPHIA PA 19103 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. Ii you fail to produce the documents or things required by this subpoena, within twenty (20) days afler its ser....ice. 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 FOLLOVvlNG PERSON: NAME: JEFFREY SHIPMAN, ESQUIRE ADDRESS: 320 MARKET STREET. P.O. BOX 1268 HARRISBURG PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ID ii: ATIOR."IEY FOR: THE DEFENDANT DATE: ....j( J . 1;' 1.1,~ rYVJ Prothonotary/Ouk. Ovil Div' 0 '- 40/hp ,P ~/'(t-- Depu ~ Seal of the Court -',- .~ -:-' ,." I'. ~ . EXPlANATION OF REQUIRED RECORDS TO: CUSTOPIAN OF RECORDS FOR: CARUSLE HOSPITAL 246 PARKER STREEf P.O. BOX 310 CARUSLE, P A 17013 RE: 31420 FREDA H. MYERS INCLUDING REPORTS,X-RAY REPORTS,MRl REPORTS,ER RECORDS REPORTS & PHYSICAL TIIERAPY REPORTS Any and all records, correspondence, files and memorandums, handwritten notes, relating to any examination, consultation care or treatment. Dates Requested: up to and including the present. Subject: FREDA H. MYERS . 32 BROAD STREEf, NEWVILLE, PA Social Security #: 168-24-2660 Date of Birth: 01-26-1931 SUlO-254576 31420-L06 ;'" ,^ p- - ,~ , . '" .' r 1""""1' ~ - "--' .,,-- ~ < ,~-~ .'-'" :,,,. ,~~ "'~. ~-" "'-, ~ <-- ~ (] ("J c 0 C) lJ E~~ , -'rt !li,-',-,: >"~'::; ~g - .C.- 'S:::u P] ?;C) :1:- ;;2 c;::, l...: :z: :::::-i ~ ".. <..-'- (J.) ::0 -< _~;~Il@l'!l'!ffilI!i\llH~I!lt-~,_:ti'!lill.lN!ll/Rll!m'!i1~""'" 1,.llIl!~ ~ PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) , TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) x for JURY trial at the next term of civil court. for trial without a jury. . ~_..____________..___._____.______________....._.n.._________________._._______._________.____________________________._______._______._____._._________._.______ . CAPTION OF CASE (entire caption must be stated in fUll) (check one) Assumpsit FREDA H. MYERS, (e Trespass (X) Trespass (Motor Vehicle) (other) (Plaintiff) vs. AMY L. DANNER And DONALD A. McCOLLOUGH and VICKI C. McCULLOUGH, his wife, Individaully and t/d/b/a McCQLLOUGH FARMS, The trial list will be called on Feb. 12. 2002 and Trials commence on March 11, 2002 (Defendant) Pretrials will be held on Feb. 20. .2002 (Briefs are due 5 days before pretrials.) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to locai Rule 214.1.) 1472 No. Civil 00 19_~ Indicate the attorney who will try case for the party who files this praecipe: Jefferson J. Shipman, Esquire, for the Defendant Danner Indicate trial counsel for other parties if known: .."....rd B Krug~-feF-t:-he--l'titintiff Frank J. Lavery, Jr., Esquire, for Defendants McCullough This case is ready for trial. - - --~- --- Signed:~/)~ Print Name: Jefferson J. Shipman, Esquire Date: 1:111 q/Ol Attorney for: Defendant, Amy L. Dammer ~ = r' "- '.-- ~ I' - - ~~, . , . CERTIFICATE OF SERVICE I hereby certify that: a copy of t:he foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on December 19, 2001: Howard B. Krug, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Attorneys for Plaintiff Frank J. Lavery, Jr., Esquire Lavery, Faherty, Young & Patterson, P.C. P.O. Box 1245 Harrisburg, PA 17108-1245 Attorneys for Defendants, McCullough GOLDBERG, KATZMAN & SHIPMAN, P.C. Shipman, Esquire #: 51 85 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant, Amy L. Danner 46467.1 !"'O'- '--""<' '" ,u:-_~,'-_ c. ._"'~,---'-y}.,, .,'~-' " '" " ,," ;,_-J , "",," '''', " . '.. . ~'~'-~ ^ L._ '~'-"-. " , ,". "." ~~ ~"i""" " .--~ ~~lII'l "0 ,,'" --,- -. '-"'1' . " (") 0 CJ C -1"1 ?'"' ;::I --', .- "'003 r<1 J~_ mrn ('") ,j'li'::: Z::D N -nf"'l- t:i,S <::> ~:?~~: 2" <C) -0 ~~ ~:I~ ~o :J;;: ':::o,.-::C.>- =0 '~ i')f!'1 ~c ;':..f ~ g:- ~ r-,j -< ~ ,._"~~ ~ij, 4. Freda H. Myers IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v Amy L. Danner and Donald A. McCullough and Vicki C. McCullough, His Wife, Individually and tld/b/a McCullough Farms : NO. 00-1472 CIVIL TERM ORDER OF COURT AND NOW, February 12, 2002, the above-captioned matter is continued by agreement of counsel, from the March 11, 2002 trial term, at the plaintiff's request. Counsel is directed to relist the case when ready. By the Court, Aoward B. Krug, Esquire For Ithe Plaintiff ;fefferson J. Shipman, Esquire F/lthe Defendant, Danner Arank J. Lavery, Jr., Esquire For the Defendant, McCullough > L~~ 01-J~-O:{ ~ Court Administrator :ld J&f,m: ~ ~~=.__l_ , . ,~ ,$ .: \\ \\~ \~~ , ,-~ . . -, _, "_." V"~. ,. ,_ ., " ~ '-<,' ,. \ \, " '. "i-.\'t -\; " ., F:l~,n Po~AoncJf-q/ ~b 1'1. )otJ~ _.,"~~~m'" .~~ fi.lllllM~~~~~IiIl~[~~~~~I1IMllllI!ll'll'l - I ~1~l'lI ~,"...,~~' . .. .. " ~ FREDA H. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-1472 CIVIL TERM AMY L. DANNER and DONALD A.' McCULLOUGH and VICKI C. McCULLOUGH, his Wife, individually and t/d/b/a McCULLOUGH FARMS, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE To the Prothonotary: Please mark the above-captioned matter settled, satisfied and discontinued with prejudice. North Front Street isburg, PA 17102 ID No. 16826 (717) 234-4178 Attorney for Plaintiffs Date: "3 - J J - 0 '2---- j\,-, . . ~ ','-' ~ ill' . , ~- , ~~,- ^ -'-'-.- ~ . .. CERTIFICATE OF SERVICE I, DONNA E. SWEENEY, an employee of the law firm of Purcell, Krug &. Haller, counsel for Plaintiff, hereby certify that service of the PRAECIPE, was served upon the following by first class regular mail on March 11, 2002: Jefferson J. Shipman, Esquire Goldberg, Katzman & Shipman 320 E. Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Cheryl Kovaly, Esquire Lavery, 'Flaherty, Young.& Paterson, P.C. P.O. Box 1245 Harrisburg, PA 17108-1245 ~~~o "'~ ' 1;), M_' ~<~. . ,~ ^ 0- ""_,""'->_~-', ~~ r_~!lP"~~__"lIm " >,"" 1717 ~ '," .~ T ~ .. . ~~~- ~. "" . "r-'''-- "<> ,-~. , - o c <p vf0 fTlfTi ~~; )"> -- ~I:~ ).'ooi--r. .:"-;;;: ::.~i -< . ~ o f-,J -".. 1;; :'-:::J CJ N -0 """"," :.) .~ :'0 -< .-] r';t~l!iI.lf~"'ll-:n'H"1nl"~f(f'_'''''t~~lf~~~iJWr1'llil~~,_,.,.~~_,''1!llIIl1l!ll1l!f!I1i!1li!W