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HomeMy WebLinkAbout02-5427HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF PATRICIA L. MANNEY, Plaintiff VS. PEYTON L. POOL, JR. Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2002 - ?y Z CIVIL TERM IN TRESPASS JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the 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 OFFICE SET FORTH BELOW O FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 PATRICIA L. MANNEY, : IN THE COURT OF COMMON PLewa ur Plaintiff : CUMBERLAND (COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. : NO. 2002 -3Z CIVIL TERM PEYTON L. POOL, JR. : IN TRESPASS Defendant : JURY TRIAL DEMANDED COMPLAINT NOW comes the plaintiff, Patricia L. Manney, by her attorney, Harold S. Irwin, III, and files this complaint against the defendant, Peyton L. Pool, Jr., representing as follows: 1. Plaintiff is Patricia L. Manney, an adult individual residing at 525 Shed Road, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant Is Peyton L. Pool, Jr., an adult individual residing at 450 Barts Church Road, Hanover, Pennsylvania 17331. 3. On March 22, 2002, defendant Peyton L. Pool, Jr., was operating a 1997 Ford Expedition (Pennsylvania License Plate No. EGT - 6518) westbound on U.S. Route 11, Carlisle Pike, in Hampden Township, Cumberland County, Pennsylvania near the intersection of St. John's Church Road with U.S. Route 11, Carlisle Pike. 4. At said time, plaintiff Patricia L. Manney, was the owner and operator of a 1994 GMC Jimmy (Pennsylvania License Plate No. XXC - 239) westbound on U.S. Route 11, Carlisle Pike, in Hampden Township, Cumberland County, Pennsylvania near the intersection of St. John's Church Road with U.S. Route 11, Carlisle Pike. 5. At said time and place, plaintiff was properly stopped at the red light controlling the traffic at that intersection. 6. At said time and place, due to the negligence and carelessness of defendant, Peyton L. Pool, Jr., as hereinafter set forth, the defendant's vehicle collided with the rear of plaintiffs vehicle as plaintiff was lawfully stopped for the traffic signal. 7. The collision between the parties' vehicles was the direct result of the carelessness, recklessness and negligence of the defendant, Peyton L. Pool, Jr., including but not limited to the following: A. Failing to have his vehicle under proper control; B. Failing to drive at a safe speed; C. Failing to stop for the red traffic control signal; D. Failing to take appropriate action to avoid the plaintiffs' vehicle; and E. Otherwise failing to exercise appropriate care and caution. 8. As the direct result of defendant's negligence and carelessness as aforesaid and the collision that resulted therefrom, plaintiff suffered property damages to her vehicle in the amount of $2,090.46. 9. As the direct result of defendant's negligence and carelessness as aforesaid and the collision that resulted therefrom, plaintiff incurred $956.64 in expenses for the rental of a substitute automobile while her own vehicle was being repaired. 10. As the direct result of defendant's negligence and carelessness as aforesaid and the collision that resulted therefrom, plaintiff suffered serious personal injuries, including, but not limited to bruises of her left eye, a laceration around her left eye, a broken bone in her neck, bruises of her left knee and severe cervical and thoracic sprain and strain syndrome of her spine. 11. As the direct result of defendant's negligence and carelessness as aforesaid and the collision and injuries that resulted therefrom, plaintiff underwent a variety of medical treatment including, but not limited to physical therapy, repair of her eye laceration, pain medicine and traction therapy. 12. As the direct result of defendant's negligence and carelessness as aforesaid and the collision and injuries that resulted therefrom, plaintiff continues to suffer pain and discomfort, high blood pressure, muscle spasms in her neck, chest, back and ribs, headaches and retains a permanent scar at the corner of her left eye. 13. As the direct result of defendant's negligence and carelessness as aforesaid and the collision and injuries that resulted therefrom, plaintiff incurred substantial medical expenses in excess of $6,300.00 Dollars for evaluation and treatment of her injuries and will probably again in the future incur medical expenses due to future medical care related to such injuries. 14. As the direct result of defendant's negligence and carelessness as aforesaid and the collision and injuries that resulted therefrom, plaintiff suffered loss of income of basic wages of approximately $2,400.00, plus lost commission earnings during the period of time in which she was unable to work due to the injuries, treatment and recuperation therefrom and will probably again in the future suffer loss of wages and commission income due to the injuries incurred in this accident and the treatment thereof. 15. As the direct result of defendant's negligence and carelessness as aforesaid and the collision and the injuries that resulted therefrom, plaintiff suffered serious pain, suffering and discomfort, inability to perform her normal household and personal and professional activities, and a loss of life's pleasures, and will probably again in the future suffer serious pain, suffering and discomfort and related affects on her enjoyment of life due to the injuries incurred in this accident and the medical care attendant thereto. WHEREFORE, plaintiffs demand judgment against the defendant in an amount in excess of Twenty-five Thousand and no/100 ($25,000.00) Dollars, plus costs of this action, attorney fees and delay damages. November 2002 HAROLD S. IRUVIN, III Attorney for plaintiff 35 East High Street Carlisle, PA 17013 (717) 243-6090 Supreme Court ID No. 29920 VERIFICATION The foregoing complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of the document is the language of my counsel and not my own. I have read the complaint and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the complaint is that of counsel, I have relied upon counsel in making this verification. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4094, relating to unsworn falsification 4o authorities. 2002 November , PATRICIA L. ?. r> ?_ ?- ?- ?" , ?? ? ?. <:, ? ? ?.??. ? ?? ?? ? ? ? ? ? ? ? ? ` S ? v HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF PATRICIA L. MANNEY, Plaintiff, VS. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2002 - 5427 CIVIL TERM PEYTON L. POOL, JR., Defendant : IN TRESPASS : JURY TRIAL DEMANDED PRAECIPE TO LAWRENCE E. WELKER, PROTHONOTARY: Please reinstate the complaint filed in this matter and direct the sheriff to serve it upion the defendant in ADAMS COUNTY, Pennsylvania. December 12, 2002 66--A- .0-1 1 HAROLD S. IRWI III Attorney for plainti 35 East High Street Carlisle, PA 17013 (717) 243-6090 Supreme Court I.D. NO. 29920 ', (? 1 t7 ?? C_ #V -n ?'. ??3 .G:? --; ?-... ..__ ' „ i rY? ?? ? (7 '? ?_. ti,? _ C. . . -.? (Ty ti SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-05427 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANNEY PATRICIA L VS POOL PEYTON L JR R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT POOL PEYTON L JR but was unable to locate Him deputized the sheriff of YORK serve the within COMPLAINT & NOTICE to wit: He therefore County, Pennsylvania, to On December 6th 2002 this office was in receipt of the attached return from YORK Sheriff's Costs: So answers -- 18.00 Docketing Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep York County 32.43 Sheriff of Cumberland County .00 69.43 12/06/2002 HAROLD S. IRWIN III Sworn and subscribed to before me this jy P-_ day of 6 0a,,... ? in his bailiwick 2ovd- A. D. Prothonotary 7 T PyrtMG EXPRESS. M YORK. PA VJ 2 5S3B . me 3/a COUNTY OF YORK E OFFICE OF THE SHERIFF SE(717)771-9601 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE :EIPT and AFFIDAVIT OF RETURN 1 3. Patricia L. Manney ton L. Pool Jr. Notice & Complaint Pe SERVE 5. NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD PPe ton L. Pool Jr. 6. ADDRESS (STREET OR RFO WITH BOX NUMBER. APT. NO., CITY, BORO, TWP., STATE AND ZIP CODE) AT 450 Barts Church Road H nover, PA 17331 Uis I CLASS MAIL UPOSTED UOTHER 7. INDICATE SERVICE: D PERSONAL U PERSON IN CHARGE DEPUTIZE November 13 20 0 2 I, SHERIFF OF+? COUNTY, PA do hereby dep ti a the sheriff of COUNTY to execute thi makes tun f13cording NOW York to law. This deputization being made at the request and risk of the plaintiff. stiERIFF of couNTv 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: OU Oberland COUNTY CUMBERLAND ADVANCED FEE PAID BY MXX SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. E E NUMBER 11. DATE FILED 9. TYPE VnR ffd&D?RESfR T tNE (iRI?I?IAT?ORa ?RE CARLISLE, PA 17013 Aj 11-8-02 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be CUMBERLAND CO SHERISF I14, DATE REGEIVEU 13. 1 acknowledge receipt of the writ 11-14-02 or complaint as indicated above R AHRENS ) ERSONAL( RESIDENCE ( ) POSTED( ) POE( ) SHERIFFS OFFICE ( ) OTHER( 16. HOW SERVED: P ) 17. 1 hereby certify and return a NOT FOUND because 1 am unable to locate the individual, company, etc. named above. (See remarks bel 9 )Date of Ser 1 NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 21. ATTEMPTS Date Time Miles Int. Date Time Miles Int. it Time Miles Int. Date Time Miles Int. Date Time Miles Int. 11 I{ 1036 45 K 22. REMARKS: Recess 1 s I n Q S ou 23. Advance Costs 24. T35. ce Costs E25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary 75.00 00 00 16.43 30.43 2.00 U Fersion Countv Costs Advance Costs 36. Service Costs 37. Notary Cert. 38. Mileage/Postage/NOt Found 41. AFFIRMED and subscribed to before me this, L l 44. Signature of 42. day of - - ep. Sheriff MELISSA J; SMAFF'ER, Notary i ARY Signature of, County Sheriff City of York, York County ^?^c _ 48. Signature of Foreign County Sheriff ATURE M STFMTIONS PLEASE TYPE ONLY L M E 1 THRU 12 DO NOT DETACH ANY COPES 2. COURT NUMBER 09-54 7 rivi l --- 4. TYPE OF WRIT OR COMPLAINT 15. ExpirationlHearing Date 12-8-02 SEE REMARKS BELOW 20. Time of Service Time I Miles I Int. Is Surchg. 132. Tot. Costs 31 39. Total Costs 140. Costs Due or Refund DATE 47. 51. DATE RECEIVED SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-05427 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANNEY PATRICIA L VS POOL PEYTON L JR R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: POOL PEYTON L JR but was unable to locate Him deputized the sheriff of ADAMS serve the within COMPLAINT & NOTICE County, Pennsylvania, to On December 26th , 2002 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: So a e Docketing 18.00 Out of County 9.00 Surcharge 10.00 XLJ Th mas Kline Dep Adams County 28.20 S11e 'ff of Cumberland County .00 65.20 12/26/2002 HAROLD IRWIN III Sworn and subscribed to before me this -2 y day of d z,4- ? ay.- A. D. in his bailiwick. He therefore Prothondt In The Court of Common Pleas of Cumberland County, Pennsylvania Patricia L. Manney VS. Peyton L. Pool Jr. SERVE; same No. 02 5427 civil Now, December 18, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Adams County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. d Sheriff of Cumberland County, PA Affidavit of Service Now, _ within upon _ at by handing to a and made known to 20 , at o'clock M. served the copy of the original the contents thereof. So answers, Sheriff of Sworn and subscribed before me this day of 20 , COSTS SERVICE MILEAGE AFFIDAVIT $ County, PA DATE RECEIVED MASON DIXON BUSINESS FORMS, INC. 33000025 SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN .1, 1111 nrrrar PATRICIA L. MANNEY ?..M1??,.YI V.I t rDI PEYTON L. POOL, JR. SERVE 1* AT 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO Peyton L. Pool, Jr. U DATE PROCESSEI INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY THE SHERIFF" on the reverse of the last (No. 5) copy of this form. Pieaee THE or print legibly, insuring readability of all copies. Do not detect any copies. ALSO ENV.# 2. COURT NUMBER 2002-5427 Civil Term 4. TYPE OF WRIT OR COMPLAINT: elnStat Com laint in Civil Action OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD. 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP CODE) 450 Barts Church Rd., Hanover, PA 17331 7. INDICATE UNUSUAL SERVICE: O PERSONAL ? PERSON IN CHARGE ? DEPUTIZE ? CERT. MAIL ? REGISTERED MAIL ? POSTED ? OTHER Now, I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County execute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff. 8. SPECIAL INSTRUC710NS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. SHERIFF OF ADAMS COUNTY NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.S. WAIVER OF WATCHMAN-Any deputy sheriff levying upon or attachin an within same without a watchman, in custody of whomever is found in possession, after notifying person Y Property under cep writ may hers any plaintiff herein for any loss, destruction or removal of any such property before herif 's sale therreo or attachment, without liability on the part of such deputy or the sheriff to 9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER 11. DATE Harold S. Irwin, III, Esq. `PLAINTIFF ? DEFENDANT (717) 243-6090 f2CL PA E BE W F R USE OF SHERIFF ONLY - DO N T WRITE BELOW THIS LINE 12. I acknowledge receipt of the writ SIGNATURE of Authorized ACSD Deputy or Clerk and Title or complaint as indicated above. 13. Date Received 14. Expiration /Hearing date DeC. 19 2002 15. 1 hereby CERTIFY and RETURN that I K have personally served, ? have served person in charge, a E3 have posted the above described property with the writ or complaint described on the individual, compny Ico I rporatio nce of service as shown in "Remarks" (on reverse) n, etc. , at individual, company, corporation, eta, at the address inserted below by handing/or Posting a TRUE and ATTESTEDCOPY the of the address shown above or on the 16. ? 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, comPan , c0 17. Name and title of individual served Y rporatlon, etc., named above. (See remarks below) Pe ton L. Pool Jr. 18' A person m Suitable aps and discretion Read Order i then residing in the defendant's usual 19. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, T Waco a ebods. ? C3 State and ZIP CODE) N'P. 20. Date of Service 21. Time 12/19/2002 7:53PM 22. ATTEMPTS Date Mlles Dep.int. Date Mlles Dep,Int. Data Milos Ds .Int. Date Mllss De .Int. Dots Miles p P Dsp.lnt. 23. Advance Costs 24. 25. $150.00 Fm. Sher" f #39203 ?' 27. rota) Coets D 28.20 Pd. 12/20/02 26 ? FUN $121.80 Ck. #8472 AFFIRMED and subscribed to before me this day 1 ACKNOYYLEDGE RECEIPT OF THE fN1ERIFFS RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE. ey 17QWIC/ Dap. ShwiM (Plana Print or Type) Date -- W. Muller 12 19 2002 Shush" of sheriff ID W. NEWMAN 1Date 2/19/2002 SHERIFF OF ADAMS COUNTY fM ne.- o___.._. 33000026 SHERIFF'S RETURN OF SERVICE ( ) ( 1 ) The within upon defendant by mailing to mail, return receipt requested, postage prepaid, on the a true and attested copy thereof at The return receipt signed by defendant on the made a part of this return. (2) Outside the Commonwealth, pursuant to Pa. and attested copy thereof at R.C.P. 405 (c) (1) (2), by mailing a true in the following manner: (a) to the defendant by ( ) registered ( ) certified mail, return receipt requested, postage prepaid, addressee only on the said receipt being returned NOT signed by defendant, but with a notation by the Postal Authorities that Defendant refused to accept the same. The returned receipt and envelope is attached hereto and made a part of this return. And thereafter: (b) To the defendant by ordinary mail addressed to defendant at same address, with the return address of the Sheriff appearing thereon, on the I further certify that after fifteen (15) days from the mailing date, 1 have not received said envelope back from the Postal Authorities. A certificate of mailing is hereto attached as a proof of mailing. (3) By publication in the Adams County Legal Journal, a weekly publication of general circulation in the County of Adams, Commonwealth of Pennsylvania, and the Gettysburg Times, a daily newspaper published in the County of Adams, Commonwealth of Pennsylvania and having general circulation in said County for _. successive weeks of The Affidavits from said Adams County Legal Journal and Gettysburg Times, are hereto attached and made part of this return. ( ) ( 4 ) By mailing to_ by , the within names a true and attested copy thereof at The Authorities marked is hereto attached. ( } ( 5 ) Other is hereto attached and mail, return receipt requested, postage prepaid, on the returned by the Postal 1 PATRICIA L. MANNEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-5427 CIVIL ACTION - LAW PEYTON L. POOL, JR. . Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Peyton L. Pool, Jr., with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER, P.C. By:(Q 1,( Michael S. Ferguson, squire Attorney I.D. No. 83882 2411 North Front St. Harrisburg, PA 17110 Date: ( 3 (717) 232-9900 CERTIFICATE OF SERVICE r' A AND NOW, this day of January, 2003, 1 hereby certify that I have served the foregoing Praecipe to Enter Appearance on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Harold S. Irwin, III, Esquire 35 East High Street Carlisle, PA 17013 --a-& Eileen S. Smith, Secretary PATRICIA L. MANNEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2002-5427 CIVIL ACTION - LAW PEYTON L. POOL, JR. Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Patricia L. Manney c/o Harold S. Irwin, III, Esquire 35 East High Street Carlisle, PA 17013 YOU ARE HEREBY NOTIFIED to file a response to the enclosed New Matter within twenty (20) days of service hereof. Failure by you to do so may constitute an admission. Respectfully submitted, NEALON & GOVER, P.C. By: L( Michael S. Ferguson, Esquire Attorney I.D. No. 83882 2411 North Front St. Harrisburg, PA 17110 Date: 1(2,1103 (717) 232-9900 PATRICIA L. MANNEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2002-5427 CIVIL ACTION - LAW PEYTON L. POOL, JR. Defendant JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND NOW, comes the Defendant, Peyton L. Pool, Jr., by and through his attorneys Nealon & Gover, P.C., and in response to Plaintiff's Complaint avers the following: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted. 4. Admitted upon information and belief. 5. Denied pursuant to Pa.R.C.P. 1029(e). 6. Denied. This paragraph contains a conclusion of law to which no responsive pleading is required. To the extent that it is construed to alleged facts it is denied pursuant to Pa.R.C.P. 1029(e). 7. Admitted in part denied part. It is admitted that the Defendant's vehicle struck the rear of Plaintiff's vehicle. The remainder of the paragraph is denied pursuant to Pa.R.C.P. 1029(e). 8.-15. Denied. These paragraphs contain conclusions of law to which no responsive pleading is required. To the extent that they are construed to alleged facts they are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant, Peyton L. Pool, Jr., respectfully requests that the Complaint against him be dismissed. NEW MATTER 16. Paragraphs 1 through 15 of Defendant's Answer are incorporated herein by reference thereto. 17. Plaintiff's Complaint is barred in whole or in part by application of the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, Defendant Peyton L. Pool, Jr. respectfully requests that the Complaint filed against him be dismissed with the cost of this action. Respectfully submitted, NEALON & GOVER, P.C. By: -K-Loln- Michael S. Ferguson, Esquire Attorney I.D. No. 83882 2411 North Front St. Harrisburg, PA 17110 Date: 1 2g 0 3 (717) 232-9900 VERIFICATION I, Peyton L. Pool, Jr, verify that the statements made in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: - Z 7 -?3 3 eyton L. Pool, Jr. CERTIFICATE OF SERVICE AND NOW, this ? day of January, 2003, 1 hereby certify that I have served the foregoing Answer with New Matter on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Harold S. Irwin, III, Esquire 35 East High Street Carlisle, PA 17013 Michael S. Ferguson, Esquire n ? o _ TI :EC:) -i ? 4 O A -C HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF PATRICIA L. MANNEY, Plaintiff VS. PEYTON L. POOL, JR. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND, COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2002 - 5427 CIVIL TERM IN TRESPASS JURY TRIAL DEMANDED ANSWER TO DEFENDANT'S NEW MATTER NOW, comes the plaintiff, by her attorney, Harold 13. Irwin, III, Esquire, and responds to the defendant's new matter, representing as follows: 16. In response to this paragraph, the averments of plaintiffs' complaint, paragraphs one through fifteen are incorporated herein by reference as if fully set forth at length. 17. The averments of paragraph twenty-two of the defendant's new matter are conclusions of law to which no response is required. WHEREFORE, plaintiff demands judgment against defendant as prayed for in her complaint. February G, 2003 35 East High Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 VERIFICATION I verify that the statements made 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.A. Section 4904, relating to unsworn falsification to authorities. A-5*A*Ay Z,?, 2003 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing answer to new matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: MICHAEL S FERGUSON ESQ NEALON & GOVER 2411 N FRONT ST HARRISBURG PA 17110 Attorney for Defendant ?? February 2003 ' Vt7 HAROLD S. IRWIN, II Attorney for Plaintiff 35 East High Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 C') -a :71 w?J Y CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: PATRICIA MANNEY -VS- PEYTON POOL COURT OF COMMON PLEAS TERM, CASE NO: 2002-5427 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL FERGUSON, ESQ. 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 this 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: 11/06/2003 MA?CS on behalf o Attorney for DEFEN NT DEII-455565 3 2 7 2 3- L 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICIA MANNEY VS. PEYTON POOL File No. 2002-5427 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400922 TO: Custodian of Records for i i STATE INSURANCE COMPANY (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 RIDER * * * * at The MC-S Group, Inc- 1601 Market Street Suite 900. 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 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: MICHAEL FERGUSON. ESO. ADDRESS: 2411 N. FRONT ST. HARRISBURG PA 17110 TELEPHONE: _(215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Prothonotary/Clerk, Civil Divisi Date: ?bE`2 IA`_ aOO3 Seal of the Court Deputy 32723-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ALLSTATE INSURANCE COMPANY 6345 FLANK DRIVE SUITE 1000 HARRISBURG, PA 17112 RE: 32723 PATRICIA L. MANNEY ATTN: JEAN LEUDIG; CLAIM #1554345262. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all insurance records and PIP files, including but not limited to medical reports and/or records, claims, any and all correspondence, documentation supporting plaintiff's claim, payments including dates of payments, payee and reasons for payments, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : PATRICIA L. MANNEY 525 SHED ROAD, NEWVILLE, PA 17241 Social Security #: 008-50-3802 Date of Birth: 11-08-1963 Date of Loss: 03/22/2002 SU10-469486 32723-L 03- CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: PATRICIA MANNEY PEYTON POOL COURT OF COMMON PLEAS TERM, _VS_ CASE NO: 2002-5427 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL FERGUSON, ESQ. 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 this 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. MCS on behalf of DATE: 11/06/2003 MICHAEL FERGUSON, ESQ. Attorney for DEFENDANT DE11-455566 32723-1,02 C O M M O N W E A L T H OP P E NN S Y L VANS A COUNTY OP C UM S E R LAN D IN THE MATTER OF: COURT OF COMMON PLEAS PATRICIA MANNEY TERM, -VS- CASE NO: 2002-5427 PEYTON POOL SERVE A SUBPOENA TO ALLSTATE INSURANCE COMPANY INSURANCE STACKPOLE BOORS EMPLOYMENT GUISTENITE FAMILY PRACTICE MEDICAL RECORDS CARLISLE REGIONAL MED. CENTER MEDICAL RECORDS STEPHEN M. BECKER, M.D. MEDICAL RECORDS NICASTRO CHIROPRACTIC CLINIC MEDICAL RECORDS TO: HAROLD S. IRNIN,III ESQ. MCS on behalf of MICHAEL FERGUSON, ESQ. 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 the twenty day notice period is waived or if no objection is made, then the subpoena may be served. 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: 10/17/2003 CC: MICHAEL FERGUSON, ESQ. - 03-012 PATRICIA HOFFMAN - MCS on behalf of MICHAEL FERGUSON, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-245094 3 2 7 2 3- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICIA MANNEY VS. TO: PEYTON POOL File No. 2002-5427 Custodian of Records for STACKPOLE BOOKS (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 RIDER * * * * at The M(:S Group Inc 1601 Market Street_ Suite 900. 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 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: MICHAEL RGUS ADDRESS: 2411 N. FRONT ST. TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: ©4,tLOZ_ 1A1. 1Q'?3 Seal of the Court BY HE COURT: Prothonotary/Clerk, Civil Divi Deputy 32723-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: STACKPOLE BOOKS 5067 RITTER RD. MECHANICSBURG, PA 17055 RE: 32723 PATRICIA L. MANNEY Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all employment records, applications, files, memoranda, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : PATRICIA L. MANNEY 525 SHED ROAD, NEWVH LE, PA 17241 Social Security fit: 008-50-3802 Date of Birth: 11-08-19163 SU10-469488 3 2 7 2 3- L O 2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: PATRICIA MANNEY PEYTON POOL COURT OF COMMON PLEAS TERM, _VS_ CASE NO: 2002-5427 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL FERGUSON, ESQ. 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 this 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. MCS on behalf of DATE: 11/06/2003 MICHAEL FERGUSON, ESQ. Attorney for DEFENDANT DE11-455567 3 2 7 2 3- 1, 0 3 C O M M O N W E A L T H OP P E NN S Y L VANS A COUNTY OP CUMBER LAN D IN THE MATTER OF: COURT OF COMMON PLEAS PATRICIA MANNEY -VS- PEYTON POOL TO ALLSTATE INSURANCE COMPANY INSURANCE STACKPOLE BOORS EMPLOYMENT GUISTENITE FAMILY PRACTICE MEDICAL RECORDS CARLISLE REGIONAL MED. CENTER MEDICAL RECORDS STEPHEN M. BECKER, M.D. MEDICAL RECORDS NICASTRO CHIROPRACTIC CLINIC MEDICAL RECORDS TO: HAROLD S. IRWIN,III ESQ. TERM, CASE NO: 2002-5427 4009.2 MCS on behalf of MICHAEL FERGUSON, ESQ. 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 the twenty day notice period is waived or if no objection is made, then the subpoena may be served. 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: 10/17/2003 CC: MICHAEL FERGUSON, ESQ. - 03-012 PATRICIA HOFFMAN - MCS on behalf of MICHAEL FERGUSON, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-245094 3272:3-C:03- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICIA MANNEY vs. TO: PEYTON POOL File No. 2002-5427 Custodian of Records for GUISTEWITE FAMILY PRACTICE (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 RIDER * * * * at The MCS Group Inc 1601 Market Street, Suite 800. 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 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: MICHAEL FERGUSON, ESQ. ADDRESS: 2411 N. FRONT ST. HARRISBURG PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy 32723-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GUISTEWITE FAMILY PRACTICE 522 SOUTH PITT ST. CARLISLE, PA 17013 RE: 32723 PATRICIA L. MANNEY Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : PATRICIA L. MANNEY 525 SHED ROAD, NEWVILLE, PA 17241 Social Security #: 008-50-3802 Date of Birtb: 11-08-19163 SU10-469490 3 2 7 2 3- 1, 0 3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS PATRICIA MANNEY TERM, -VS- CASE NO: 2002-5427 PEYTON POOL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL FERGUSON 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 this 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. MCS on behalf of DATE: 11/06/2003 MICHAEL FERGUSON, ESQ. Attorney for DEFENDANT DE11-455568 32723-1,04 C O M M O N W E A L T H OP P E NN S Y L VAN T A COUNTY O y CUMBER LAN D IN THE MATTER OF: COURT OF COMMON PLEAS PATRICIA MANNEY -VS- PEYTON POOL TERM, CASE NO: 2002-5427 NOTICE OF INTEWT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ALLSTATE INSURANCE COMPANY INSURANCE STACRPOLE BOORS EMPLOYMENT GUISTEWITE FAMILY PRACTICE MEDICAL RECORDS CARLISLE REGIONAL MED. CENTER MEDICAL RECORDS STEPHEN M. BECKER, M.D. MEDICAL RECORDS NICASTRO CHIROPRACTIC CLINIC MEDICAL RECORDS TO: HAROLD S. IRWIN,III ESQ. MCS on behalf of MICHAEL FERGUSON, ESQ. 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 the twenty day notice period is waived or if no objection is made, then the subpoena may be served. 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: 10/17/2003 CC: MICHAEL FERGUSON, ESQ. - 03-012 PATRICIA HOFFMAN - Any questions regarding this matter, contact MCS on behalf of MICHAEL FERGUSON, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-245094 3 2 7 2 3- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICIA MANNEY VS. TO: PEYTON POOL File No. 2002-5427 Custodian of Records for CARLISLE REGIONAL. MED. CENTER (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: ****SEEATTACHED RIDER **** at The MCS Group, Inc._ 1601 Market Street. Suite 800_ 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 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: MICHAEL EERGUSON. ESO. ADDRESS: 2411 N. FRONT ST. HARRISBURG PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: 6En l .1'ns.3 Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Divisio Deputy 32723-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE REGIONAL MED. CENTER 5 SPRINT DRIVE CARLISLE, PA 17013 RE: 32723 PATRICIA L. MANNEY Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and frbm the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : PATRICIA L. MANNEY 525 SHED ROAD, NEWVILLE, PA 17241 Social Security #: 008-50-3802 Date of Birth: 11-08-1%3 SU10-469492 3 2 7 2 3- 10 4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS PATRICIA MANNEY TERM, -VS- CASE NO: 2002-5427 PEYTON POOL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL FERGUSON, ESQ. 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 this 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. MCS on behalf of DATE: 11/06/2003 MICHAEL FERGUSON, ESQ. Attorney for DEFENDANT DE11-455569 3 2 7 2 3- L 0 S C O M M O N W E A L T H OP P E NN S Y L VAN 2 A COUNTY OP CUMBER LAN D IN THE MATTER OF: COURT OF COMMON PLEAS PATRICIA MANNEY TERM, -VS- CASE NO: 2002-5427 PEYTON POOL NOTICE OF INTM TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THTUGS'..FOR DISCOVERY PURSUANT TO RULE 4009.21 ALLSTATE INSURANCE COMPANY STACRPOLE BOORS GUISTEWITE FAMILY PRACTICE CARLISLE REGIONAL MED. CENTER STEPHEN M. BECKER,:M.D. NICASTRO CHIROPRACTIC CLINIC TO: HAROLD S. IRWIN,III ESQ. INSURANCE EMPLOYMENT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MCS on behalf of MICHAEL FERGUSON, ESQ. 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 the twenty day notice period is waived or if no objection is made, then the subpoena may be served. 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: 10/17/2003 CC: MICHAEL FERGUSON, ESQ. - 03-012 PATRICIA HOFFMAN - MCS on behalf of MICHAEL FERGUSON, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-245094 3 2 7 2 3- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICIA MANNEY VS. TO: PEYTON POOL File No. 2002-5427 Custodian of Records for STEPHEN M. BECKER- M.D. (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 RIDER * * * * at The MUSS Group Inc 1601 Market Street. Suite gt10, 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 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: MICHAEL FERGUSON_ ESO. ADDRESS: 2411 N. FRONT ST. HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: nr-? " l y? .145a Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Divisi Deputy 32723-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: STEPHEN M. BECKER, M.D. 91 SOUTH HIGH STREET NEWVILLE, PA 17241 RE: 32723 PATRICIA L. MANNEY Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : PATRICIA L„ MANNEY 525 SHED ROAD, NEWVILLE, PA 17241 Social Security #: 008-56-3802 Date of Birth: 11-08-1%3 SU10-469494 3 2 7 2 3- 1, 0 5 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS PATRICIA MANNEY TERM, -VS- CASE NO: 2002-5427 PEYTON POOL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL FERGUSON, ESQ. 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 this 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. MCS on behalf of DATE: 11/06/2003 MICHAEL FERGUSON, ESQ. Attorney for DEFENDANT DE11-455570 32723-T,06 C O M M O N W E A L T H OP P E NN S Y L VAN 2 A COUNT Y OH CUMBER LAN D IN THE MATTER OF: COURT OF COMMON PLEAS PATRICIA MANNEY -VS- PEYTON POOL TERM, CASE NO: 2002-5427 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUM13TTPS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ALLSTATE INSURANCE COMPANY INSURANCE STACKPOLE BOORS EMPLOYMENT GUISTEWITE FAMILY PRACTICE MEDICAL RECORDS CARLISLE REGIONAL MED. CENTER MEDICAL RECORDS STEPHEN M. BECKER, M.D. MEDICAL RECORDS NICASTRO CHIROPRACTIC CLINIC MEDICAL RECORDS TO: HAROLD S. IRWIN,III ESQ. MCS on behalf of MICHAEL FERGUSON, ESQ. 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 the twenty day notice period is waived or if no objection is made, then the subpoena may be served. 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: 10/17/2003 CC: MICHAEL FERGUSON, ESQ. - 03-012 PATRICIA HOFFMAN - Any questions regarding this matter, contact MCS on behalf of MICHAEL FERGUSON, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-245094 3 2 7 2 3- C O 3- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICIA MANNEY VS. TO: PEYTON POOL File No. 2002-5427 Custodian of Records for NICASTRO CHIROPRACTIC CLINIC (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 RIDER * * * * at The MCS Croup., Ine- 1601 Market Street Suite 800 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 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: MICHAEL FERGUSON. E ADDRESS: 2411 N. FRONT ST. TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: OA g /H., A'=3 Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Division Deputy 32723-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: NICASTRO CHIROPRACTIC CLINIC 51 CARLISLE ROAD NEWVILLE, PA 17241 RE: 32723 PATRICIA L. MANNEY Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : PATRICIA L MANNEY 525 SHED R?AD, NEWVH LE, PA 17241 Social Security #: 008- 3802 Date of Birth: 11-08-1%3 SU10-469496 3 2 7 2 3- L 0 6 'f l ?? _., M 1 .?-r I1? f ?? ??? ?n ' l.1 _ ?) G i_. -,.7 ?.. -? :_ ?° ( _ •' PV "' WILLIAM P. DOUGLAS, ESQUIRE ATTORNEY LD. # 37926 DOUGLAS LAW OFFICE 27 West High St. P.O. Box 261 Carlisle, Pa. 17013 Telephone: 717-243-1790 Attorney for Plaintiff PATRICIA L. MANNEY : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. V. : CIVIL ACTION LAW PEYTON L. POOL, JR. NO. 2002-5427 Civil Term Praecive Please enter my appearance on behalf of the Plaintiff4 William P. D Attorney for January 21, 2004 E? N PATRICIA L. MANNEY, Plaintiff V. PEYTON L. POOL, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5427 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdrawal the undersigned's appearance on behalf of the Defendant, Peyton L. Pool, Jr., with regard to the above-captioned matter. Respectfully submitted, NEALON GOVER & PERRY - V ??. By:CCLe/ Michael S. Ferguson, Esquire Attorney I.D. No. 83882 2411 North Front St. Harrisburg, PA 17110 Date: (( (717) 232-9900 CERTIFICATE OF SERVICE AND NOW, this 1a0' day of July, 2005, 1 hereby certify that I have served the foregoing Withdrawal of Appearance on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Bill Douglas, Esquire Douglas Law Office 27 W. High Street P. O. Box 261 Carlisle, PA 17013-0261 I? M!4 ? aL ) Michael S. Ferg son, Esqui c- ^a S= c.'. W Q 0 n T m .f .f It sJ ^C PATRICIA L. MANNEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,.PENNSYLVANIA V. NO. 2002-5427 CIVIL ACTION - LAW PEYTON L. POOL, JR. Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Peyton L. Pool, Jr., with regard to the above-captioned matter. Respectfully submitted, NEALON GOVER; & PERRY P --h By: Cas . Shore, Esquire Attorney I.D. No. 85321 2411 North Front St. Harrisburg, PA 17110 Date: 7 / (717) 232-9900 CERTIFICATE OF SERVICE AND NOW, this 13.E day of July, 2005, 1 hereby certify that I have served the foregoing Entry of Appearance on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Bill Douglas, Esquire Douglas Law Office 27 W. High St. P.O. Box 261 Carlisle, PA 17013-0261 ? J.1 Case Shore, Esquire C, N O CD 7? T! 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. (CAPTION OF CASE, entire caption must be state in full) (check one) (X) Civil Action - Law ( ) Appeal from Arbitration (other) PATRICIA L. MANNEY, Vs. PEYTON L. POOL, JR., Plaintiff(s) Defendant(s) The trial list will be called on May 22, 2007 and Trials commence on June 18, 2007 Pretrials will be held on May 30, 2007 (Briefs are due 5 days pretrial.) (The party listing this case for trial shall provide forthwith a copy of the Praecipe to all counsel, pursuant to Local Rule 214.1.) No. 2002-5427 Indicate the attorney who will try case for the party who files this Praecipe: Jenni Henley Allen, Esquire Indicate trial counsel for other parties if known: William P. Douglas, Esquire This case is ready for trial. Date: - d NEALON, GOV R & PERRY By: Je ni ley Allen, Esquire A rn ryl.D. No. 84311 Attorney for: Peyton L. Pool, Jr. 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 *- o - ; ?-. ern #2 PATRICIA L. MANNEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW PEYTON L. POOL, JR. Defendant NO. 02-5427 CIVIL TERM PRETRIAL CONFERENCE AND NOW, this 30th day of May, 2007, before Edgar B. Bayley, Judge, present for the plaintiff was William P. Douglas, Esquire, and for defendant, James G. Nealon, III, Esquire. This case arises out of an automobile accident that occurred on March 22, 2002, when the defendant rear-ended plaintiff's vehicle. Defendant admits negligence. Plaintiff seeks noneconomic damages for a cervical injury. If any lost wages can be recovered, the parties will agree to the amount of that claim. The parties may agree that medical evidence by plaintiff may be submitted on physician reports. Without an agreement, however, testimony will have to be presented through the witness. Estimated time of trial, one,,A00 By t?fe CEdgar B. Ba ley, William P. Douglas, Esquire For Plaintiff James G. Nealon, III, Esquire For Defendant half days. prs :.s'7 ce) cr) PATRICIA L. MANNEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. PEYTON L. POOL, JR. NO. 2002-5427 CIVIL TERM Defendant VERDICT STATE THE TOTAL AMOUNT OF DAMAGES YOU FIND THAT PLAINTIFF PATRICIA L. MANNY SUSTAINED AS A RESULT OF THE ACCIDENT WITH PEYTON L. POOL, JR. ? 5,50.OCR TOTAL DATE: / d GfF-RaEPERSON r + ? r judge _ Clerk/Pmth Sji- staff _ CASE NO.: COURTROOM NO.: Patrlc,'c ,c. ?lan?ey vs ?e ? ion ?. Pool Jr. } DOCKET NO.: - s`I oZ7 DATE: (9 _ I yr _0 7 Juror # Name Random No. 49 THRUSH, BERTHA L. -212241$100 r? -2, 18 HALDEMAN, PAMELA S. -1671429841 17 CARSON, LORRAINE A. -1662140250 9 6 NOTESTINE, THOMAS A. -1634150793 1 t) 52 NICHOLSON, DAVID -1569208486 1 1 20 MOWERY, DARLENE E. -1510299915 2 - - 1v 3 14 39 ALLGYER, JACALYN R. -1137443596 16 47 GEORGE, DENISE -1101790098 1 46 HECKMAN, RAYMOND R. JR. -1000947903 18 3 HAWBAKER, JENNIFER H. -777204383 19 30 ROSS, SANDRA L T -630340452 20 35 BARRY, NICOLE -329165208 ( 14 DONNELLY, LYNN -238742541 33 BASALYGA, ANNETTE -143098013 23 50 THORNTON, MICHAEL -95457955 24 15 GINGRICH, CHARLES R JR 223400888 5 21 DOREMUS, JEFFEREY A 323974930 26 45 PRICE, GENEVIEVE 367428672 ? 43 GRAHAM, R DAVID 443448386 ?1 31 MINNICK CYNTHIA A. 519026541 €} 24 DIECK, CRAIG K. 793852816 30 44 WHISTLER, GRACE 797909915 ( 41 SUKNAIC, STEPHEN ROBERT 1130802917 32 1 LAMAN, CAROLE L. 1182174395 32 LEHMANN, CHERYL S. 1227828266 '=1 29 KAMINSKI, JEFFREY A. 1231264487 5 16 EVERETT, KATHY I. 1265403737 36 4 SMITH (FRAKER), JESSICA 1327841294 Monday, June 18, 2007 Page 1 of 2 r ? Juror # Name Random No. 3 19 HARRISON, FRED L. JR. 1588621124 ,38 25 PIRNIK, BARBARA 1623906385 39 48 PEKALA, CHERYL A. 1715444567 40 11 THUMMA, DAWN C 1796275450 Monday, June 18, 2007 Page 2 of 2