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Home My WebLink About02-5671 ANITA LOWE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO. 0)- j7P7/ ~ v. CIVIL ACTION - LAW CHARLES McGARRY, and ROBERT CASSEL, JURY TRIAL DEMANDED Defendants. 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 attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, PA 17013 (717) 249-3166 NOTICIA Les han demandado a usted en la corte. Se usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted de be presentar una apariencia escrita 0 en persona 0 por abogado y archhivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en conra de su persona. Sea avisado qui si usted no soe defiende, la corte tomara mmedidas y purde entrar una orden contra usted sin previa aviso 0 notoficacion y pro cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDO A UN ABODAGO IMMEDIATEMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME FOR TELEFONO A LA OFICIAN CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, PA 17013 (717) 249-3166 ANITA LOWE, . IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, ,.,- NO P ~ _ ,,(.;. 7 ( v. . CIVIL ACTION - LAW CHARLES McGARRY, and ROBERT CASSEL, . JURY TRIAL DEMANDED Defendants. COMPLAINT AND NOW, comes the Plaintiff, Anita Lowe, by and through her attorneys, Mancke, Wagner, Tully & Spreha, and files the following Complaint: 1. The Plaintiff, Anita Lowe, is an adult individual currently residing at R.D. #1, Box 702, (now 101 Polecat Road) Landisburg, Peny County, Pennsylvania. 2. The Defendant, Charles McGany, is an adult individual residing at R.D. #1, Box 307-A, New Bloomfield, Peny County, Pennsylvania. 3. The Defendant, Robert Cassel, is an adult individual residing at 23 Adams Street, Enola, Cumberland County, Pennsylvania. 4. The facts and occurrences hereinafter occurred on Tuesday, June 26, 2001, at or about 1:38 p.m. in Silver Spring Township, Cumberland County, Pennsylvania. 5. At the aforementioned time and place, the Plaintiff, Anita Lowe, was operating a 1991 Ford Tempo in a southerly direction at the intersection of SR 114 and Sporting Green Drive, and Shadow Oak Drive, on Route 114. 6. At the aforementioned time and place, the Defendant, Charles McGany, was operating a 1998 Subaru in a southerly direction on Route 114; and the Defendant, Robert Cassel, was operating a 1988 Chevrolet southbound on Route 114. 7. At the aforementioned time and place, the Defendant, Robert Cassel, operated his vehicle in such a way that he struck the rear of the vehicle operated by Charles McGany, which in turn, struck the rear of the vehicle operated by the Plaintiff. 8. As a result of the violent collision with the Plaintiffs vehicle, Plaintiff suffered the following injuries: A. Severe cervical sprain; B. Trauma to the low back; C. Right shoulder bursitis; D. Sacroiliac syndrome; and -2- E. Severe trauma to the nervous system. 9. As a result of the aforementioned injuries, the Plaintiff has been in the past and will in the future undergo great pain and suffering. 10. As a result of the aforementioned injuries, the Plaintiff has in the past and will in the future suffer loss oflife's pleasures and undergo significant . . mconvemence. 11. As a result of the aforementioned injuries, the Plaintiff has in the past and will in the future undergo medical expenses. 12. As a result ofthe aforementioned injuries, the Plaintiff has in the past and will in the future undergo a loss of wages in excess of first party benefits. 13. As a result ofthe aforementioned injuries, Plaintiff has suffered a permanent diminution in earning capacity and suffers permanent injury. COUNT I ANITA LOWE v. ROBERT CASSEL 14. Paragraphs 1 through 12 above are incorporated herein by reference and made a part hereof. -3- 15. The aforementioned injuries were a direct result of the accident set forth above, which said accident was caused by the Defendant, Robert Cassel, for the following reasons: A. Defendant failed to keep his vehicle under such control as to stop within an assured clear distance ahead; B. Defendant was operating his vehicle in excess of the speed limit, given the conditions; C. Defendant was operating his vehicle in such a way that he failed to observe the vehicles in front of him' , D. Defendant was operating his vehicle in such a way that he was unable to stop his vehicle to avoid a collision with the vehicles in front of him, including that of the Plaintiff; and E. Defendant carelessly dropped his cell phone, took his eyes off the road, reached for the cell phone and -4- was unable to stop for traffic in front of him, including that of the Plaintiff. 16. As a result of the aforementioned conduct of the Defendant, Robert Cassel, Plaintiff underwent the injuries and damages as set forth above. WHEREFORE, Plaintiff prays this Court to grant judgment against the Defendant, Robert Cassel, in the amount in excess of$25,000.00. COUNT II ANITA LOWE v. CHARLES McGARRY 17. Paragraphs 1 through 15 above are incorporated herein by reference and made a part hereof. 18. The aforementioned injuries were a direct result of the accident set forth above, which said accident was caused by the Defendant, Charles McGarry, for the following reasons: A. Defendant failed to keep his vehicle under such control as to stop within an assured clear distance ahead; -5- B. Defendant was operating his vehicle in excess of the speed limit, given the conditions; C. Defendant was operating his vehicle in such a way that he failed to observe the vehicles in front of him; and D. Defendant was operating his vehicle in such a way that he was unable to stop his vehicle to avoid a collision with the vehicles in front of him, including that of the Plaintiff. WHEREFORE, Plaintiff prays this Court to grant judgment against the Defendant, Charles McGarry, in the amount in excess of $25,000.00. Respectfully submitted, / By i P. Richard 103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Plaintiff Date: f/ / /9./ C.2- f -6- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904, relating to unsworn falsification to authorities. x C~J~jof.~ DATE: \\- \-Of- ---. ..:N '/-....- C> <:::> \..N ~ ~- U\ ~ ~ J ~\~J~ '- 'V' 'i;J ~ . (') c 7r -;:1...,_.; filr'c ~? '~--. Z en _r r":: < ~~; 2: :<! ~\ G "<, .-,.... .. .~ , -~::;: t.,) C .,~} ~.J :n 00 .J ~~ :< John R. Ninosky, Esquire LD. #78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 counsel for Defendant, Cassel ANITA LOWE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW CHARLES McGARRY and ROBERT CASSEL, NO. 02-5671 CIVIL Defendants JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE enter the appearance of the undersigned on behalf of the Defendant Robert Cassel in the above-referenced matter. GOLDBERG, KP.TZMAN & SHIPMAN, P.C. ~~~~.\ //6(03 By Jf#.NfnfsZ~ire Attorney I.D. 78000 320 Market Street Harrisburg, PA 17108-1268 Attorneys for Defendant Cassel CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on the ~ day of ~~ P. Richard Wagner, Esquire 2233 Front Street Harrisburg, PA 17110 Attorneys for Plaintiff , 2003: GOLDBERG, KATZMAN & SHIPMAN, P.C. BYJ~in~dl= 320 Market Street Harrisburg, PA 17108 Telephone: (717) 234-4161 Identification No.: 78000 Attorneys for Defendant, Cassel 89505.1 .. . -. o c <""" l") 6~; fnn ---:7-,., L..-.._" fQ. ~> ,,--. .., ~.......- \"".. ~?8 ~ '. ~ o w o ,-; ........J "'.J ..J:,,,,, w .. ~;~ --':'~ :.'0 -< =:) SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-05671 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LOWE ANITA VS MCGARRY CHARLES ET AL 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: MCGARRY CHARLES but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within COMPLAINT & NOTICE On December 18th, 2002 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge Dep Perry County 18.00 9.00 10.00 23.65 .00 60.65 12/18/2002 MANCKE WAGNER ~~ - ~ / . Thoms Kline. / Sheriff of Cumberland County TULLY SPREHA Sworn and subscribed to before me this 3A-AL day of ~ :4>1.)3 A.D. ()'T('JEo~~t':rly~ SHERIFF'S RETURN - REGULAR CASE NO: 2002-05671 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LOWE ANITA VS MCGARRY CHARLES ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CASSEL ROBERT the DEFENDANT , at 1630:00 HOURS, on the 4th day of December, 2002 at 23 ADAMS STREET ENOLA, PA 17025 by handing to TONYA CASSEL WIFE OF DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 10.35 .00 10.00 .00 26.35 So Answers: ;p;"":0<:~ "/;?' ~;,,:';~L..:,"~~ R. Thomas Kline 12/18/2002 MANCKE WAGNER Sworn and Subscribed to before By: TULLY SPREHA thL.-. 4~ _ Deputy Sheriff ~ me this 3 ,~ day of ~ ~~~"12vo..3 _ A.D. ~ }:~L-(} ~ A~ V Prothonotary ,-,' In The Court of Common Pleas of Cumberland County, Pennsylvania Anita Lowe VS. Charles McGarry et al Charles McGarry No. 02 5671 civil SERVE: Now, November 27. 2002 , I, SHERIFF OF CUMBERLAt"\lD COUNTY, P A, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. a ..-:;,;.i-I....,~..',.-;" ~./P ,..~..-'r.. ~ ~,,- '..~ .P<.-' . -- .....-:-~-....._~~ ." ~"::~'7:_..",, . _.,,, ,~...... ," OO;""=',,......?- . -- "'" ''''i "',...",..;...............'.~ Sheriff of Cumberland County, P A Affidavit of Service Now, December 12 , 20 --.QL, at 3 : 52 o'clock P M. served .the within Complaint upon Charles McGarry at RD1 Box 307-A New Bloomfield, PA 17068( Centre Twp) by handing to a True & Attested Charles McGarry copy of the original Complaint and made known to Him the contents thereof So answers, James T. Bennett Depu~~ ~Cmm""PA COSTS SERVICE MILEAGE AFFIDA VIT $ Sworn and subscribed before me this i3fft1ay of ~ 20 6~ NOTARIAL SEAL MARGARETF. FllCKlNGER, NOTARY PUBLIC BLOOM flEW BORO., PERRY COUNTY MY COMMISSION EXPIRE FEB.16 2004 $ Stephen E. Geduldig, Esquire Attorney \.0. No. 43530 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 (717) 237-7100 FAX (717) 237-7105 E-Mail: sea<ii>.tthlaw.com Attorneys for Defendant: CHARLES McGARRY ANITA LOWE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- LAW NO. 02-5671 CIVIL v. CHARLES McGARRY and ROBERT CASSEL, Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Stephen E. Geduldig, Esquire, and Thomas, Thomas & Hafer, LLP, as attorneys for Defendant, Charles McGarry, in the above-captioned matter, reserving our right to answer or otherwise plead to Plaintiff's Complaint. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP \ 't.'" ~ ~ l...- \\-- By: :215880.1 STEPHEN E. GEDULDIG, ESQUIRE Attorney I.D. No. 43530 Attorneys for Defendant, CHARLES McGARRY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the united States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the 1J 'l~ day of December, 2002, on all counsel of record as follows: P. Richard Wagner, Esquire MANCKE, WAGNER, TULLY 2233 North Front Street Harrisburg, Pennsylvania 17110 Attorneys for Plaintiff Mr. Robert Cassel 23 Adams Street Enola, Pennsylvania 17025 Defendant THOMAS, THOMAS & HAFER, LLP Y: Stephen E. Geduldig, Esqu' e 215887.1 () ~.; -ocr: mr-;"j Z:"l' 655~ ~,.... .<"'-.~ ~n ~S (..;" >{; ~ c) c..) -.- :l':illo -- ....,.:- r C? 'TJ ~r ~.. 1',) e::- G" ~-~~ :0 -< John R. Ninosky, Esquire LD. #78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant, Cassel ANITA LOWE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW CHARLES McGARRY and ROBERT CASSEL, NO. 02-5671 CIVIL Defendants JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDAN'T ROBERT CASSEL AND NOW, comes the Defendant, Robert Cassel, by and through his counsel, Goldberg, Katzman & Shipman, P.C., who files this Answer With New Matter by respectfully stating the following: 1. Admitted. 2. Denied. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 2 and the same are therefore denied. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied. The averments contained in Paragraph 8, including SUbparagraphs (a) through (e) , are denied pursuant to Pa. R.C.P. 1029 (e) . 9. Denied pursuant to Pa. R.C.P. 10.29 (e) . 10. Denied pursuant to Pa. R.C.P. 10:29 (e) . 11. Denied pursuant to Pa. R.C.P. 10:29 (e) . 12. Denied pursuant to Pa. R.C.P. 1029 (e) . 13. Denied pursuant to Pa. R.C.P. 1029 (e) . COUNT I Anita Lowe v. Robert Cassel 14. The answers to paragraphs 1 thou~rh 13 above are answered as though fully set forth herein at length. 15. Denied. The averments contained in Paragraph 15, including subparagraphs (a) through (e) contain conclusions of law and fact to which no response is required. 16. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, the Defendant, Robert Cassel, respectfully requests that this This Honorable Court dismiss Plaintiff's Complaint with prejudice and that judgment be entered in his favor. 2 COUNT II Anita Lowe v. Charles McGarry 17. The answers to paragraphs 1 though 16 above are answered as though fully set forth herein at length. 18. Denied. The allegations of paragraph 18, including sUbparagraphs (a) through (d) are directed to a Defendant other than Robert Cassel; therefore no response by Mr. Cassel is required. WHEREFORE, the Defendant, Robert Cassel, respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice and that judgment be entered in his favor. NEW MATTER 19. Plaintiff's Complaint fails to state a claim upon which relief may be granted. 20. Plaintiff's claims and/or alleged losses may be barred by the Doctrine of Contributory Negligence and/or comparative negligence. 22. Plaintiff may have assumed the risk of her alleged injuries, with any liability on responsibility on the part of Mr. Cassel being expressly denied. 3 23. The accident which allegedly occurred on June 26, 2001, was not a substantial factor in causing any of the Plaintiff's alleged harm. 24. Plaintiff may have failed to mitigate her damages, if any, with any liability on responsibility on the part of Mr. Cassel being expressly denied. WHEREFORE, the Defendant, Robert Cassel, respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice and that judgment be entered in his favor. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. BYJ~i!~~ Attorney 1.0. 78000 320 Market Street Harrisburg, PA 17108-1268 Attorneys for Defendant Cassel 89500.1 4 VERIFICATION I, Robert Cassel, am the Defendant in the this matter, and I hereby acknowledge that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. ~ c:; ~ Robert Cassel Da t e : I. j (\ - 03 89509.1 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on the 10"" day of ~ , 2003: P. Richard Wagner, Esquire 2233 Front Street Harrisburg, PA 17110 Attorneys for Plaintiff Stephen Geduldig, Esquire Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108 GOLDBERG, KATZMAN & SHIPMAN, P.C. BY~n~tY= 320 Market Street Harrisburg" PA 17108 Telephone: (717) 234-4161 Identificacion No.: 78000 Attorneys for Defendant, Cassel 89505.1 o c_ -0 r~'~ f:;~ \} ?~\,}. r~ d:"'C ZC. '7("_ 7: ::i o c..;:.' -.... ,"1" .:;::::l ,....--~. ~~ . , ,~ \0 ANITA LOWE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -- LAW NO. 02-5671 CIVIL CHARLES McGARRY and ROBERT CASSEL, Defendants JURY TRIAL DEMANDED STIPULATION AND NOW this ~ day of ~~ , 2003, by and through their attorneys, whose signatures appear below, the parties hereto do hereby STIPULATE AND AGREE that pursuant to Pa.R.C.P. 229 and Pa. R.C.P. 2039, Defendant, Charles McGarry, only is dismissed from this action, with prejudice. Defendant, Robert Cassel, will not offer any evidence in any way suggesting that the accident was caused by any act or omission on the part of the dismissed party, Charles McGarry. It is further STIPULATED and AGREED that this Stipulation may be signed in counterparts. MANCKE, WAGNER, TULLY & SPREHA Date Richard Wagner, Esquire for Plaintiff ~ l ~ \ ~~ GOLDBERG, KATZMAN & SHIPMAN #/5/03 'Da'te J~ir!~ Attorney for Defendant, Robert Cassel THOMAS, THOMAS & HAFER, LLP ~117 (~ }7 Date S ephen E. Geduldig, Esquire Attorney for Defendant, Charles McGarry 219984.1 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the united States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the ~~day of March, 2003, on all counsel of record as follows: P. Richard Wagner, Esquire MANCKE, WAGNER, TULLY 2233 North Front Street Harrisburg, Pennsylvania 17110 Attorneys for Plaintiff John R. Ninosky, Esquire GOLDBERG, KATZMAN & SHIPMAN Post Office Box 1268 Harrisburg, Pennsylvania 17108-1268 Attorneys for Defendant, Robert Cassel THOMAS, THOMAS & HAFER, LLP ~ 215887.1 ~ w lOP It.i :..0 0 ~~ ~ - ~ () -,. rr. ~c ;?'. ~~. Zl (j:' ". ~s( :-::: $: ,-,"; - . ..... () c -;~ J ".) C . , t"! =:Ji IV John R. Ninosky, Esquire I.D. #78000 GOLDBERG, KATZMAN & SIllPMAN, P.C. 320 Market Street P.O. Box 1268 iIarrisburg,PJ\ 17108-1268 (717) 234-4161 Counsel fix Defendant, Robert Cassel v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~O. 02-5671 CIVIL ANITA LOWE, Plaintiff CHARLES McGARRY and ROBERT CASSEL, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREOUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant, Robert Cassel, hereby certifies that: (1) A Notice Of Intent To S~ A Subpoena, with a copy of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice OfIntent, including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoena has been received; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. .. John R. Ninosky, Esquire 1.0. #78000 GOLDBERG, KATZMAN & SlllPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant, Robert Cassel v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~O. 02-5671 CIVIL ANITA LOWE, Plaintiff CHARLES McGARRY and ROBERT CASSEL, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SlrBPO]~NA TO PRODUCE DOCUMENTS AND TIIINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 To: P. Richard Wagner, Esquire 2233 Front Street Harrisburg, P A 17110 PLEASE TAKE NOTICE that Defendant, Robert Cassel, intends to serve five subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. " GOLDBERG, KATZ~[AN & SHIPMAN By ~ fC. AI~ Yohn R. Ninosky, Esquire v I.D. No. 78000 320 Market Street P.O. Box 1268 Harrisburg, P A 17108 Date :3/ (p 10.3 Attorneys for Defendant Cassel 'l ..' ~TH OF PENNSYLVANIA muNl'Y OF a.JMBE1lLAND ANITA LOWE, Plaintiff v. Fi le No. 02-5671 CIVIL CHA1U.ES McGARRY and ROBERT CASSEL, Defendants SUBPOENA TO PRootrr DCX:U'ENTS OR 111: I N3S FOR D I SCX>VERY PURSUANT TO RULE 400~. 22 TO: Pinnacle Health - Physical Therapy (Nane 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: anvand all.medical records. reports. correspondence and diagnostic test results pertaining to ,rmita, I.owe (Ss41 160-'iR-7Q 14; DOB: 6/16/62). at Goldberg, Katzman 0: Shipman, 320 Market St., P.O. Box :Ll2fh. Harrisburg. PA l7108 (6.ddress) YOI..I may de liver or ma i1 legib le cooies of the docunents or produce things requested tJy this subpoena, together with the c~tificate of ccrrpliance, to the party making this request at the addr.?:ss 1 i sted above. You have the right to seek in advance the reasonab 1 e cost of preparing the copies or producing the things sought. I f you fai 1 to produce the docunents or things required by this subpoen3 within twenty (20) days after its service, the party serving this subpoena rmy seek a court order ccrrPe 11 ir:g you to carp ly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF 1HE FOLLOrYING PERSON: NAt-E: John R. Ninosky. Esquire ADDRESS:_~~O. Box 1268 Harrisburg, FA 17108 TELEPH)f~E: 717-234-4161 su:'RB1:: autT I D # 78000 ATTORNEY FOR: Defendant, Cassel DATE: ~ <-f ~OV.3 Sea 1 of the Court BY 1HE ~T: n -. l) D ;r--" ~ '-, A~, Prothonotary/Clerk, Civi 1 ()U;M- (lJ1~ Oivision Deputy (Eff. 7/97) " ~TH OF PmNSYLVANIA CXX1NTY OF OJMBERIAND ANITA LOWE, Plaintiff v. CHARLES McGARRY and ROBERT CASSEL, Fi le No. 02-5671 CIVIL Defendants SUBPOENA TO PRCVtX:;E DCX::LM::NTS OR TH J NGS FOR 0 J SCOVERY PURSUANT TO RULE 400~. 22 TO: Robert Michelini, D.O. (Nane of Person or Ent ity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents or things: any and all.!Iledical records. reports. correspondence an!Ldiagnostic test results pertaining to lWta Lowe (fiSf! H10-'lR-?Q14; DOB: 6/16/62). at Goldberg, Katzman & Shipman, 320 Market St., P.O. Box J~ Harrisburg. P~ZJJ}B (6,ddress) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of canpliance, to the party making this request at the addr.e-ss 1 isted above. You have the right to seel( in advance the reasonable cost of preparing the copies or producing the things sought. I f you fai 1 to produce the docunents or things requil~ed by this subpoen3 within twenty (20) days after its service, the party serving this subpoena rmy seek a court order cc:rrPe 11 i f;g you to COTp 1 y wi th it. THIS SUBPOENA WAS ISSUED AT lliE REOJEST OF 1l-IE FOlLCWING PERSON:: NAf'E: John R. Nino sky . Esquire ADDRESS:_~..O. Box 1268 Harrisburg, PA 17108 TELEP~~E: 717-234-4161 ~RB-E o:un J 0 # 78000 ATTORNEY FOR: Defendant, Cassel DATE: ~ L.J J01J3 Seal of the Court BY 1HE O:UH: ~ (( f~~l ~. Prothonotary/C erk, ClVll -Or- Q 7k~ Division Deputy (Eff. 7/97) , ~TH OF PENNSYLVAt-UA CXXJNl'Y OF aJMBEmAND ANITA LOWE~ Plaintiff v. Fi Ie No. 02-5671 CIVIL CHARLES McGARRY and ROBERT CASSEL, Defendants SUBPOENA TO PRc:x:llU DCX::l.M::NTS OR TIf I NGS FOR D / SOJVERY ~SUANT TO RULE 4009.22 TO: Stuart Hartman, D.O. (Nane of Person or Ent ity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents or things: anvand all.medical records. reports, correspondence an~diagnostic test results pertaining to Anita T~we (~S# lnn-~R-?q14; DaB: 6/16/62). at Goldberg, Katzman & Shipman, 320 Market $1:., P.O. Box ~ Harrisburg. P.L....l7108 (c\ddress) You rnay de 1 i ver or ma ill eg i b 1 e coo i es of the docunents or produce th i ngs requested by this subpoena, together with the certificate of ccnpliance, to the party making this request at the address 1 i sted above. You have the right: to seel< in advance the reasonab 1 e cost of preparing the copies or producing the things sought. I f you fa i 1 to produce the docunents or th i ngs requ i red by th i S subpoen'3. with i n twenty (20) days after its service, the party serving this subpoena rmy seek a court order cmt>e 11 ir;9 you to COOp ly with it. TIi/S SUBPOENA WAS ISSUED AT THE REQJEST OF 1liE FOlLOrYING PERSON: NAt-E: John R. Ninosky. Esquire ADDRESS: _~.._!h.. Box 1268 Harrisburg, PA 17108 TELEPI-Of~E: 717 - 234-4161 SWRB"E <XU1T I D # 78000 ATTORNEY FOR: Defendant, Cassel DATE: ~ 4- :2tnJ-3 I Sea 1 of the Cour-t BY 1liE <nJRT: CUX1A~ RJ tln"-<~ Prothonotary /c l~k, qJt1C ~~ Civi 1 Division Deputy (Eft. 7/97) " . CXM1JNWEALTH OF PENNSYLVANIA CXXJNTY OF a.JMBEmAND ANITA LOWE, Plaintiff v. CHARLES McGARRY and ROBERT CASSEL, File No. 02-5671 CIVIL Defendants SUBPOENA TO PR(X)tX;:E IXX:lJ'1ENTS OR TIi J N3S FOR D I SCX)VERY PURSUANT TO RULE 4009.22 TO: Pinnacle Health - Rehab Options (Nane of Person or Ent it.y) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the follOWing documents or things: any and all.~edical records. reports, correspondence an~diagnostic test results pertaining to ~ Lowe (SS~ lhn-~R-?q14; DOB: 6/16/62). at Goldberg, Katzman & Shipman, 320 Market St., P.O. Box ~ Harrisburg. ~L-171nR (A.ddress) You may deliver or mail legible cooies of the docunents or produce things requested by th is subpoena, together with the certificate of CClTp 1 iance, to the party mak ing this request at the addr.e.ss 1 isted above. You have the right: to seek in advance the reasonable cost of preparing the copies or producing the things sought. f f you fa i 1 to produce the docunents or th i ngs requ ired by th i S subpoen'3. with i n twenty (20) days after its service, the party serving this subpoena rray seek a court order carPe 11 ir;g you to carp ly with it. TH I S SUBPOENA WAS J SSUEO AT ll-iE REQUEST OF 1HE FOllCM' I NG PERSON: NAf'I::: John R. Nino sky . Esquire ADDRESS:_~~O. Box 1268 Harrisburg, FA 17108 TELEP~~E: 717-234-4161 SWRa-t:: <.XU1T 10 # 78000 AITORNEY FOR: Defendant, Cassel DAlE: ~ 4 J..fJ7J3 Sea 1 of the Cou!"'t BY 1liE exun: ~ ;<-'. tC-YVi. ~ Prothonotary Ie Perk, Ci v i 1 -C),.~ CLb'k€R~ Division Deputy (Eft. 7/97) ~TH OF PENNSYLVANJA axJNrY OF aJMBE1U.AND ANITA LOWE" Plaintiff v. CHARLES McGARRY and ROBERT CASSEL" Fi le No. 02-5671 CIVIL Defendants SUBPOENA TO PROOLO: ~trrs OR TH I NGS FOR 0 J SCX>VERY PURSUAtrr TO RULE 4009..22 TO: Holy Spirit Hospital (Na-ne of Person or Entity) Within twenty (20) days after service of this subpoena, you are Oi~dered by the court to produce the following docunents or things: any and all.~edical records. reports. correspondence and diagnostic test results pertaining to A~Lowe (~~I lhO-~R-,q14; DOB: 6/16/62). at Goldberg" Katzman & Shipman, 320 Market St." P.O. Box I~Harrisbur&. PA-l7108 (6.ddress) You may deliver or mail legible cooies of the docunents or- produce things requested::'y this subpoena, together with the certificate of corpliance, to the party making this request at the address listed above. You have the right to sE~k in advance the reasonable cost of preparing the copies or producing the things sought. I f you fai 1 to produce the docunents or things requir'ed by this subpoen'3. within twenty (20) days after its service, the party serving this subpoena IT'ay seek a court order c::art>e 11 kg you to COllp ly with it. TIi J S SUBPOENA WAS I SSUED AT THE REQUEST OF 1HE FOLLOtY I NG PERSON: NAr-E: John R. Nino sky . Esquire ADDRESS:_~_~~ Box 1268 Harrisburg" PA 17108 TELEPHa~E: 717-234-4161 ~R8"E <n.,RT fD # 78000 ATTORNEY FOR: Defendant, Cassel DATE: ~ Lf ..1.{)v..3 Seal of the Cou~t BY lHE axJRT: ~ k. K~M-~~ Prothonotary le1 erk, Ci v i 1 q4~JJ Q ~~J Division Deputy (Eff. 7/97) ." CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, certified, , , t d t H b P I th / flJl da'." of A/J rt V": J ~ pos age prepai , a arris urg, ennsy vania, on e ~ T V-~L'0 , 2003, addressed as follows: P. Richard Wagner, Esquire 2233 Front Street Harrisburg, PAl 711 0 GOLDBERG, KA.TZN.[AN & SHIPMAN, P.C. By ~ If- JV~ John lR. Ninosky, Esquire v I.D. #78000 320 Market Street P.O. Box 1268 Harrisburg, PA ]l7108..1268 (717) 234-4161 Counsel for Defendant Robert Cassel GOLDBERG, KATZMAN & SlllPMAN By ~. 1L,u~ l'John R. Ninosky, Esquire v ID. No. 78000 320 Market Street P.O. Box 1268 Harrisburg, P A 17108 Date: if 110/ D~ Attorneys for Defendant , Robert Cassel ' CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the 10 f.h day of A fJ r; / , , 2003, addressed as follows: P. Richard Wagner, Esquire 2233 Front Street Harrisburg, PA 17110 GOLDBERG, KATZMAN & SHIPMAN, P.e. By 74. f...~ JoHn R. Ninosky, Esquire V J.D. #78000 320 Market Street P.O. Box 1268 Harrisburg, P A 17108-] 268 (717) 234-4161 Counsel for Defendant Robert Cassel n\ :J t...:" _.~: () ~~ ~.. 1....-""'1 C) \...1-.'1 "',,) 00,) \0 John R. Ninosky, Esquire I.D. #78000 GOLDBERG, KATZMAN & SlDPMAN, P.C. 320 Market Street P.G. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant, Robert Cassel ANITA LOWE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5671 CIVIL CHARLES McGARRY and ROBERT CASSEL, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREomSlTE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant, Robert Cassel, hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with a copy of the subpoena attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoena was sought to be served; (2) A copy of the Notice Of Intent, including the proposed subpoenas is attached to this Certificate; (3) No objection to the subpoena has been received OR There is no objection to the subpoena and the twenty day rule has been waived; and (4) The subpoena to be served is identical to the subpoena attached to the Notice Of Intent. GOLDBERG, KATZMAN & SHIPMAN By ~N~:L~ lD. No. 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 Date: sf5/0-:3 Attorneys for Defendant Robert Cassel John R. Ninosky, Esquire LD. #78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 I~anisburg,P)\ 17108-1268 (717) 234-4161 Counsel for Defendant, Robert Cassel v. t IN THE COURT OF COMMON pLEAS OF CUMBERLAND COUNTY, I , PENNSYL VANIA , NO. 02-5671 CIVIL ANITA LOWE, Plaintiff CHARLES McGARRY and' ROBERT CASSEL, Defendants CIVIL ACTION - LAW JURYTRIALDE~ED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCEDOCUMENTSANDTBINGSFOR DISCOVERY PURSUANT TO RULE 4009.21 To: P. Richard Wagner, Esquire 2233 Front Street Harrisburg, P A 17110 PLEASE TAKE NOTICE that Defendant, Robert Cassel, 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. GOLDBERG, KATZMAN & SHIPMAN By ~ Nif::ky1~ ID. No. 78000 320 Market Street P.O. Box 1268 Harrisburg, P A 17108 Date: '1/11/0:3 Attorneys for Defendant Cassel ~TH OF PlliNSYLVANIA <XXJNTY OF a.JMBERIAND ANITA LOWE, Plaintiff v. CHARLES McGARRY and ROBERT CASSEL, Defendants File No. 02-5671 CIVIL SUBPOENA TO p~ fX)(;lt'ENTS OR lH 1 N3S FOR DISCOVERY ~SUANT TO RULE 4009.22 TO: Hartford Insurance (N<rne of Person or Ent ity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all.~ecords in your possession pertaining to Anita Lowe, SS# 160-58-2914 - Claim 10000387088. at Goldberg. Katzman & Shipman. 320 Market St., P.O. :Box 1268. HarrisburJ!::. PA 17108 (A.ddress) Y()U may del iver or mai 1 legible cooies of the docunents or produce things requested by this subpoena, together with the certificate of carpliance, to the party making this request at the addr.?ss 1 i sted above. You have the right to seek in advance the reasonab 1 e cost of preparing the copies or producing the things sought. I f you fai 1 to produce the docunents or things required by this subpoen3. within twenty (20) days after its service, the party serving this subpoena way seek a court order carPe 11 ir;g you to carp 1 y wi th it. lH 1 S SUBPOENA WAS f SSlJED AT lHE REQJEST OF THE FOLLCM' 1 NG PERSON: NA1"E: John R. Ninoskv, Esquire ADDRESS: ~-=_C). Box 1268 HarrisburJ!::, PA 17108 TELEPHa~E: 717-234-4161 SUPREME COURT 10 # 78000 ATTORNEY FOR: Defendant, Cassel BY Deputy DATE: _ 0 ~ - ~ l , II t ~ ~f the COurt (Eff. 7/97) CERTIFIC E OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the f9regoing document upon all counsel of record by depo iting the same in the United States Mail, certified, postage prepaid, at Harrisburg, Pennsylvania, on the I t{. in day of ---4:( /l ( , 2003, addressed as follows: P. Richard Wagner, Esquire 2233 Front Street Harrisburg, PAl 711 0 GOLDBERG, KATZMAN & SHIPMAN, P.c. BY~ !( N~ J. R Ninosky, Esquire '" I.D. #78000 320 Market Street P.O. Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 Counsel for Defendant Robert Cassel CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, S+h postage prepaid, at Harrisburg, Pennsylvania, on the day of jl1o. II I , 2003, addressed as follows: P. Richard Wagner, Esquire 2233 Front Street Harrisburg, P A 17110 GOLDBERG, KATZMAN & SlllPMAN, P.C. By ~ f-;J~ ~R Ninosky, Esquire v ID. #78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant Robert Cassel 0 0 ,...~ L...) " ,..:;..... .\ , . '.T'i _',r~ - I : ~~~ .- VI C'> .....;.... --<.:" , ~) r-:: _.~, -;"? "" ~" (' ...~,- ) ..,:,:.~ Ci ., \ s;;: N '> nl -., ..,.'. c- "t>- =2 ~)J (..,) -< John R. Ninosky, Esquire 1.D. #78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant Cassel Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAN) COUNTY, PENNSYLVANIA ANITA LOWE, vs. CIVIL ACTION - LAW CHARLES McGARRY and ROBERT CASSEL, NO. 02-5671 CIVIL Defendants JURY TRIAL DEMANDED MOTION TO COMPEL DISCOVERY AND NOW, comes the Defendant, Robert Cassel, by and through his counsel, Goldberg, Katzman & Shipman, P.C., who files this Motion to Compel Discovery by respectfully stating the following: 1. This matter arises from an autoITDbile accident which occurred on June 26, 2001. 2. The Plaintiff claims to have suffered cervical strain, sprain, lumbosacral strain and post-trauma.tic low back pain as a result of the accident. 3. On the date of the accident, Plaintiff was traveling to an appointment to meet with her psychological counselor. 4. Defendant Cassel has received records which indicate that there is an overlap between Plaintiff's depression and her alleged injuries. 5. The undersigned counsel has requested that Plaintiff execute an authorization to obtain the records of any and all psychological counselors. A copy of a letter to Plaintiff's counsel, P. Richard Wagner, is attached hereto as Exhibit "A." 6. Although it is clear that Plaintiff's psychological condition may have a bearing upon her alleged injuries in this case, Plaintiff has failed to provide authorization and/or the records of her treating psychological counselors. 7. Plaintiff's failure to provide these records prejudices the Defendant's ability to adequately prepare a defense to the Plaintiff's allegations of injury. 8. Pennsylvania Rule of Civil Procedure 4019 (a) (1) (viii) states, "The court may, on motion, make a~ appropriate order if a party or person otherwise fails to make discovery or to obey an order of court respecting discovery." 9. Plaintiff has failed to make discovery concerning her psychological condition which directly impacts upon the alleged injuries in this case. 10. Pennsylvania Rule of Civil ProcE,dure 4019 (c) (5) states, "The court, when acting under subdivision (a) of this rule, may make such order with regard to the failure to make discovery as is just." 2 11. It is respectfully requested that Plaintiff be ordered to execute an authorization to permit Defendant Cassel to obtain any and all psychological counseling records. 12. Defendant Cassel would agree to a confidentiality order to prevent dissemination of these records other than in this litigation in an effort to minimize any embarrassment to the Plaintiff. WHEREFORE, Defendant Cassel respectfully requests that this Honorable Court grant his Motion to Compel Discovery. Plaintiff is requested to produce a signed authorization to obtain the psychological treatment records from any c.nd all psychological counselors from whom she has received treatment. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By ~ IA~ Jo n R. Ninosky, Esq ire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 Attorneys for Defendant Cassel Telephone: (717) 234-4161 Date: I/JI/O'f 105465.1 3 ------~.-._--...- OF COUNSEL F. LEE SHIPMAN COUNSEL JOSHUA D. LOCK ARNOLD B. KOGAN ARTHUR L. GOLDBERG 0951-2000) HARRY B. GOLDBERG 0961-1998) RONALD M. KATZMAN PAUL J. ESPOSITO NEIL HENDERSHOT J. lAy COOPER THOMAS E. BRENNER JOHN A. STATLER APRIL L. STRANG.KUTAY GUY H. BROOKS JEFFERSON J. SHIPMAN JERRY]. RussO MICHAEL J. CROCENZl THOMAS J. WEBER STEVEN E. GRUBB JOHN DELoRENZO JOHN R. NINQSKY ROYCE L. MORRlS DAVID M. STECKEL HEATHER L. PATERNO BENJAMIN D. ANDREOZZI 320 MARKE: fREET. STRAWBERRY SQU,,"E P.O. Box 1268 . HARRISBURG. PENNSYLV"NIA 17108_1268 717.234.4161 . 717,234.6808 (FA~)_ GOLDBERG, KATZMAN 60 SHIPMAN, P.C. ATTORNEYS AT LAW September 5, 2003 P. Richard Wagner, EsqUire 2233 Front Street HarriSburg, PA 17110 In re: Lowe v. MCGarry and CaSsel No. 02-5671 Ci'iTil Cumberland COunty Common Pleas Dear RiCh: Xn r,vi.wing YOur cli.nt's m'dic" r.cords, X b.,i.v. th.t it is cl"r th.t tho tr..ting PhYsiCians b',i.v. that there is an OVerlay between Your Client's PSYchologic" Condition and h.r PhYSic., condition. A, SUch, X WOUld 'sk th.t you 'gr.. to h.v. Your cli.nt "'CUt. 'n .uthorir.tion so th.t X may obt.in those r'cords. X c,rt'inly WOuld .gr., to .ny Sort Of . COnfid,nti"ity .rr.ng...nt to prot,ct Your cli,nt's privacy to the greatest extent POSSible. PI..s. give n. · c.ll .s soon 'S POssible So th.t w. may discuss this. Very trUly Yours, JRN:mem EnClosure John R. Ninosky ((j) fPj{ C.x'hrhl t- /J- CERTIFICATE OF SERVICE , her.b, c.e"., 'h.t · .~, 'f t'e '.e.g".g d......t h., _.., d,', '.ev.d 'p., tho 'ell,w'.g cee.,., .f e..eed b, d.p"'t'.g 0 cep, of the same in the United States mail, postage prepaid, at Hoee','erg, P.""'vo"., .. tho ;1/ do,.. ~;Qi P. Richard Wagner, Esquire 2233 Front Street Harrisburg, PA 17110 Attorneys for Plaintiff Stephen Geduldig, Esquire Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108 89505.1 GOLDBERG, KI\TZMAN & SHIPMAN, P.C. By Jo n R. Ninosky, Es 320 Market Street Harrisburg, PA 17108 Telephone: (717) 234-4161 Identification No.: 78000 Attorneys for Defendant, Cassel , 2004: (-..., ....., C':! c;-' C' -,; (-- r';lC~ -,"'1 " "oJ 0) C,) c',) ANITA LOWE, Plaintiff v. CHARLES McGARRY and ROBERT CASSEL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5671 CIVIL TERM ORDER OF COURT AND NOW, this 5th day of February, 2004, upon consideration of Defendant's Motion To Compel Discovery, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. P. Richard Wagner, Esq. 2233 North Front Street Harrisburg, P A 17110 Attorney for Plaintiff Stephen Geduldig, Esq. P.O. Box 999 Harrisburg, PA 17108 \ Attorney for Defendant Mc~ John R. Ninosky, Esq. / 320 Market Street I' P.O. Box 1268 Harrisburg, P A 17108 I Attorney for Defendant,)1 Robert Cassel :rc BY THE COURT, )~vG J. -~ -6L( j~ \fiN\ii\l\SNN:ld I 'N'n'Yl n'.""-"cC)C"j'^ln" l\.L I'...h, ,.,/ ,1,.. ,1..'._" y~ V ZS : I I-ld 9- 83:l ~oaz A!N10NOH10Cki 3Hl ;/0 3:]:/::10-0311;/ John R, Ninosky, Esquire !.D, #78000 GOLDBERG, KATZMAN & SHIPMAN, P.c. 320 Market Street P,O, Box 1268 Harrisburg, PA 17108-1268 (717)234-4161 ANITA LOWE, Plaintiff v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5671 CIVIL CHARLES McGARRY and ROBERT CASSEL, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREOUlSITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant, Robert Cassel, hereby certifies that: (I) A Notice OfIntent To Serve A Subpoena, with a copy of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice OfIntent, including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoena has been received; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. GOLDBERG, KATZMAN & SHIPMAN By ~ f- /J~ John R. Ninosky, Esquire v LD, No, 78000 320 Market Street P.O. Box ]268 Harrisburg, PA 17108 Date: :) /liR/o1 Attorneys for Defendant Robert Cassel John R. Ninosky, Esquire !.D, #78000 GOLDBERG, KATZMAN & SHIPMAN, P.c. 320 Market Street P,O, Box 1268 Harrisburg, PA 17108-1268 (717)234-4161 ANITA LOWE, Plaintiff v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 02-5671 CIVIL CHARLES McGARRY and ROBERT CASSEL, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 To: Jeny A. Philpott, Esquire 227 North High Street Duncannon, P A 17020 PLEASE TAKE NOTICE that Defendant, Robert Cassel, intends to serve two subpoenas identical to the ones that are attached to this notice, You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. GOLDBERG, KATZMAN & SHIPMAN By ~t f- /J~ Jo~ R, Ninosky, Esquire v !.D. No, 78000 320 Market Street P.O, Box 1268 Harrisburg, PA 17108 Date: d.-/~t.fl 01 Attorneys for Defendant Cassel COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND r ANITA LOWE, I Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 02-5671 CHARLES McGARRY and ROBERT CASSEl, Defendants CIVIL ACTION - LAW '-, \ ..--- -_._-----,~----~_._- \ SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Stuart Hartman. 0,0, (Name Df PersDn Dr Entity) Within twenty (20) days after service Df this subpDena, YDU are ordered by the court to produce the following documents or things: any and all medical records, correspondence, reports and diaqnostic test results from April 2003 tD the present pertaininq tD Anita Lowe (DOB: 6/16/62: SS#: 160-58-2914, at Goldberq. Katzman & Shipman. P,C, 320 Market Street. P,O, Box 1268. Harrisburq PA 17108-1268, You may deliver or mail legible copies Df the documents Dr produce things requested by this subpoena, tDgether with the certificate of cDmpliance, to the party making this request at the address listed above, You have the right to seek in advance the reasDnable cost Df preparing the cDpies Dr producing the things sDught. 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 Drder cDmpelling YDU tD comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John R. NinDskv, Esquire ADDRESS: P,O, Box 1268 Harrisburq, PA 17108-1268 TELEPHONE: (717) 234-4161 SUPREME COURT 10 # 78000 BY THE COURT: "----- f DATE '):-ph. r.2n kvl1 Seal Df the Couft (EIf,7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANITA LOWE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 02-5671 __I CHARLES McGARRY and ROBERT CASSEL, Defendants CIVil ACTION - lAW .n_____.,._______ .'_ ._____ ______ .----..--..-..---- -~._---~.._.,.~ SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Robert Michelini, 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: any and all medical records, correspondence, reports and diaqnostic test results from April 2003 to the present pertaininq to Anita Lowe (DOB: 6/16/62: SS#: 160-58-2914, at Goldberq, Katzman & Shipman, P.C, 320 Market Street. P,O, Box 1268, Harrisburq, PA 17108-1268, 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 s,ubpoena 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: John R. Ninosky, Esquire ADDRESS: P,O, Box 1268 Harrisburq, PA 17108-1268 TELEPHONE: (717) 234-4161 SUPREME COURT ID # 78000 BY THE COURT: ~ DATE ~\,~. ~O ;>'06</ Seal of the Court ( I (EIf,7/97) CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the Unj ted States Mail, certified, postage prepaid, at HalTisburg, Pennsylvania, on the ;<1-1- M day of --1D..); YYCj 1'1/ ,2004, addressed as I follows: Jerry A. Philpott, Esquire 227 NOlih High Street Duncannon, P A 17020 GOLDBERG, KATZMAN & SHIPMAN, P.c. By ~ f- /J~ Joilh R. Ninosky, Esquire v LD. #78000 320 Market Street P.O, Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 Counsel for Defendant Robert Cassel CERTIFICATE OF SERVICE I HEREB Y CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the I b +h day of M a. /'ch ,2004, addressed as follows: Jerry A. Philpott, Esquire 227 North High Street P.O. Box 1161 Duncannon, P A 17020 GOLDBERG, KATZMAN & SHIPMAN, P,C. By J8nos~.t!~ LD, #78000 320 Market Street P,O, Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant Robert Cassel c) -;;... <..',) ,., (_.; > ..- (~, -n -J f".) Johnson, Duffie, Stewart & Weidner By: John R. Ninosky, Esquire LD. No. 78000 30 I Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 ANITA LOWE, Plaintiff v, CHARLES McGARRY and ROBERT CASSEL, Defendants TO THE PROTHONOTARY: Attorneys for Defendant Cassel IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 02.-5671 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED Kindly change the docket to reflect the new address of Defendant, Robert Cassel's, Counsel as follows: John R. Ninosky, Esquire Johnson, Duffie, Stewart & Weidner P,O. Box 109 Lemoyne, PA 17043-0109 Telephone: (717) 761-4540 e-mail: jrn@jdsw.com Date: ~/J~{(J'1 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER BY:JO R, inosky, E~~~ Attorney I.D, No, 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Email: jrn@jdsw.com Attorneys for Defendants CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on . ~ IJ~ Jg '1 R. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER :230729.1 By Jo R. Ninosky, E~ I.D, #: 78000 P,O. Box 109 Lemoyne, PA 17043 Attorneys for Defendant Cassel :229674 227666-1 . -'1-' ~~~!; . 0:",;',.. c::~. ~f~' "";7 :) o S ...., = = .r- <--- ~ o -n -1 :L-n nIp ::Bt;3 8(? -'f'. :~-~ C,l-~7, "_.C., {jrn ~ -' -" ::1': en 0> ANITA LOWE, Plaintiff IN THE COURT OF COJ\1MON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW CHARLES McGARRY and ROBERT CASSEL, Defendants NO. 02-5671 CIVIL TERM ORDER OF COURT AND NOW, this 18th day of June, 2004, upon consideration of Defendant's Motion To Compel Discovery, and of Plaintiffs Answer to Motion To Compel Discovery, a discovery conference is scheduled in chambers of the undersigned judge for Thursday, July 22, 2004, at 1:30 p.m.. BY THE COURT, P. Richard Wagner, Esq. 2233 North Front Street Harrisburg, P A 1711 0 Attorney for Plaintiff Stephen Geduldig, Esq. P.O. Box 999 Harrisburg, PA 17108 Attorney for Defendant McGarry ~ ~L ~_I~,Oi Q-. John R. Ninosky, Esq. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 Attorney for Defendant Robert Cassel :rc vl:'.,r/;y~) D\'I',I~Jj \)1 !\!(.i(....,'~J "'O'-;'M("1Ji"': I J\li'_"",- ','i:';'il 6/ :2 Hd 8 i i'!Dr flDDl ! ,i :'t,,'! (',I\I";;,,'! ni_I,~ ::I1-lI ,to i"4J~':"'_)'lv, ....v...,..., ..... ... ;J... c181:UQ-CJ3lI;/ ANITA LOWE, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02-5671 CIVIL TERM CHARLES MCGARRY, and ROBERT CASSEL, Defendants JURY TRIAL DEMANDED IN RE: MOTION TO COMPEL DISCOVERY ORDER OF COURT AND NOW, this 22nd day of July, 2004, upon consideration of the Motion To Compel Discovery filed on behalf of Defendant Robert Cassel, and following a conference in chambers in which Plaintiff was represented by Edward F. Spreha, Jr., Esquire, standing in for P. Richard Wagner, Esquire, Defendant Robert Cassel was represented by John R. Ninosky, Esquire, and Defendant McGarry was not represented at the conference (Defendant McGarry having been dismissed from the case), and it appearing to the Court that a "Behavioral Medicine Evaluation" provided by Michael E. Schatman, Ph.D., DAAPM, a licensed psychologist, which has been provided to counsel for Defendant Cassel may suffice for purposes of an opinion by an expert for Defendant Cassel with respect to the psychological etiology of pain allegedly experienced by Plaintiff, with specific reference to its connection with depression arising out of marital discord, Defendant's motion is denied at this time, premised upon the anticipated willingness of Plaintiff to permit Defendant's expert to express an opinion in part based upon the said evaluation and without prejudice to Defendant's right to revive this motion in the event that the expert feels that he or she needs more detailed information with respect to Plaintiff's records regarding her treatment by Dr. Schatman. ~f"; h-jt;: ~~u ! lL-C F: (~': " C) <:::> ..:;r '1- N ('\J :::} ~ ~ {':';:::l "'.... . ~; ::..J () ~ By the Court, Edward F. Spreha, Jr., Esquire 2233 North Front Street Harrisburg, PA 17110 For the Plaintiff John R. Ninosky, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 For Defendant Cassel ~ ~v 1_.2.3'o'f ~ :mae PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE ProTHO!lOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) x for JURY trial at the next tenn of civil court. for trial without a jury. ----------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) (X) Civil Action - Law Appeal f=rn Arbitration (other) Anita Lowe (Plaintiff) vs. The trial list will be called on April 19, and 2005 Trials conmence on May 16, 2005 (Defendant) Pretrials will be held onApril 27, 2005 (Briefs are due 5 days before pretrials. ) vs. Robert Cassel (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. 02 Civil 5671 19 Indicate the attorney who will try case for the party who files this praecipe: John R. Ninosky, Esquire Indicate trial counsel for other parties if known: P. Richard Wagner 2233 N. Front Street, Harrisburg, PA 17110 This case is ready for trial. Signed: ~ !-N~ Print Nane: John R. Ninoskv Date: L~/~(65 Attorney for: Defendant ANITA LOWE, Plaintiff vs. ROBERT CASSEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02-5671 CIVIL ORDER 'Z. .... AND NOW, this T day of April, 2005, following pretrial conference, the trial of the within case is continued from the May term, The Prothonotary is ordered and directed to list this matter for trial during the week commencing July 18,2005. 0, Richard Wagner, Esquire For the Plaintiff ...1 ~hn R. Ninosky, Esquire For the Defendant Court Administrator :tlm BY THE COURT, ,/14 8 ~ :Z [,,:d LZ ~dV sonz AbVlOi\iOHlOdd 3Hl ::10 -,,,'...! 'rL/1'11IJ ;:l\..,.L~"'...".l:J _! iANIT A LOWE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 02-5671 CIVIL ROBERT CASSEL, Defendant IN RE: PRETRIAL CONFERENCE Present at a pretrial conference held April 27, 2005, were P. Richard Wagner, Esquire, attorney for the Plaintiff, and John R. Ninosky, Esquire, attorney for the defendant, Mr. Wagner is not available for the trial of this case during the May term. At the conference, it was decided that this matter would be continued to July. An order has been entered of even date herewith. April 27, 2005 ,/171 ~chard Wa ner, Esquire For the P . Iff lrlm ~,os o ~ (If R. Ninosky, Esquire For the Defendant Court Administrator \1U\j",h'\lASi\! ;'~:ld Alf,Jf'iC','-' '-'; ::-;';:;:.!'in~) U :8 Hd U. tldV SOOl ^ci\}lCi\:OH.LO(~d 3Hl :f0 :J:lI:J:!0-031l:l ANITA LOWE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, CIVIL ACTION - LAW 02-5671 CIVIL ROBERT CASSEL, Defendant IN RE: PRETRIAL CONFERENCE Present at a pretrial conference held April 27, 2005, wer,e P. Richard Wagner, Esquire, attorney for the Plaintiff, and John R. Ninosky, Esquire, attorney for the defendant. This is a rear-end automobile accident case in which negligence is conceded. The central issue is the causation of the plaintiff s injuries. This is a straightforward case which should be no longer than one and a half days in duration. June 29, 2005 ,-t1J P. Richard Wagner, Esquire For the Plaintiff John R. Ninosky, Esquire For the Defendant Court Administrator :rlm 1f1N\f^lASNtBd AlNnm O.:Iil'-':;8iWiO tJS :Z Wd 6, tmnUuz Ab'VlONOH10od ;Jill :10 38\.1.:\0-0318 ANITA LClJE, IN THE COURT OF COMMON PLEAS OF , CUMBERLAND COUNTY. PENNSYLVANIA NO. 02-5671 CIVIL v. ROBERT CASSEL 'RULE 1312.1. The Petition for Appointment of Arbitrators shall be substandally in the following fonn: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE. THE JUDGES OF SAID COURT: John R. Ninosky Esquire - . - ~- respectfully represents that 1. The Above-captioned action ~ is _ at issue. 2. TheclaiID of the plaintiff in the action is $~ $35 JlQQ. or The counterclaim of the defendant in the action is _ .. ...d.cl'~oo.mL . counsel for the~ the above action (or actions). less The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators: P. Richard Wa,ltner. EsQuire,' WHEREFORE. your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ORDER OF COURT AND NOW, . 19__. in consideration of the Esq.. , Esq,. are appointed arbitrators in the above captioned action (or foregoing petition. Esq., and actions) as prayed for, By the Court, P.J, o ~\ - , ~ -C -...J -...J - V( -.c::. w ...c::. ~ - (J( () (> rP r E +- ......t:.... ~ Q, ~ .-\ C::::. :;:n c 11 C:, <~ -0, ~(!.., j- ~~J -r' ;:; 0. C> ~~ ~~~.~~ :1' ?~) tn ::-::--~ "'2 ::0 c..n :-< v> c;T ANITA I1JjJE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5671 CIVIL v. ROBERT CASSEL RULE 1312-1, The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: John R. Ninosky Esquire - , ,- respectfully represents that: 1. The above-captioned action ~ is _ at issue. 2. The claim of the plaintiff in the action is $~ $35,000. or less The counterclaim of the defendant in the action is ~ '. ,counsel for the~ ----4iIi the above action (or actions), The following attorneys are interested in the case(s) as counsel Dr are otherwise disqualified to sit as arllitrators: P. Richard 'Wa,gner. Esquire' WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ORDER OF COURT /' ,~-.i , in consideration of the Esq., '7t; />?l.f-<v A~ Esq., and actions) as prayed for, , Esq., are appointed arbitrators in the above captioned action (or PJ. p (J "k. \ ........ ~ ~ D .....' - "- C> n c.-~ 0 '" 0) ('-- c:;:-; --n c.r> -< ~ -t:, ~ -:r-~ ...c '1'l1e:, w _....q t', --.) ..J:::. r u:> :,;j~\ I::::~~ r;:) -..j E . .- -r~ '-.0 \.j$~t -r eJ1 ~~ CJ) ....:.., .",',i-) ,.\l(\'\ ;,\....., ~ 'J, \' .p\ ,.;..l"'''.''( \7 -,('\i' ~\~1 ',... ",1; :1Lll,.l - ANITA LOWE V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-5671 CIVIL TEFIM ROBERT CASSEL IN RE: APPOINTMENT OF ARBITRATORS ORDER OF COURT AND NOW, August 1, 2005, the appointment of Jon La Faver, Esquire, as chairman of the arbitration panel in the above-captioned matter is vacated, and David Perkins, Esquire, shall be appointed in his stead; Thomas Ahrens, Esquire, and Dennis Boyle, Esquire, shall remain as arbitrators. By the Court, P.J. Jon LaFaver, Esquire Stone, LaFaver & Stone 414 Bridge Street New Cumberland, PA 17070 David P. Perkins, Esquire 4 James Circle Shippensburg, PA 17257 ~~ j". OJ-OS Court Administrator OS :2 t,ld t 1- C',v--t (In'-,? J~ 1'4 :lUll\.) }.ci\/LJ. ;;~: -:r:.)\I-,lC> _" 3Hl :\0 CFllH - ~ N \"T ~ h <:> wE... Plaintiff In The Court of Co=on Pleas of Cumberland County, Pennsylvania No. ~ 'J..._ :5 <;;.. \ RQ,~E-~'T c:.F\SS E L Defendant Civil Action - Law, Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Co=onwealth and that we will discharge the duties of our office with fidelity. c:))~ O.~ Signature """D~'I \ D Po ?ERv..\~ Name (Chairman) ~E-f.l..v:-\t-l,,,>'k~W CY"I=\c.\!iS Law Finn Ii ~~N\~ c..,~"-l.€- Address ~ ,~ c f-' Signature si!iIC: - D.......5 E;. f1" l.. Name 7"' ."....r 3'. Ak2,"",r Name D.elA"" /:;-. Y3oyl., ~1' Law FiIm A....~ EN' ~... o.(.l;~ol"'" Law Firm " 5l.5"' (ular er.{f ('y Address S>2/ C~,:(j't.(; P.riF- Address .d",\t>{'E~U~G f>~\'d.S"1 (!a"'-t"NJP City, Zip City, Ptl (70// Zip A1t'.I..4"i:J4~') r.4 1705'0 City, Zip Award We, the undersigned arbitrators, having been duly appointed and swom (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated,) <>~ ""'1~\<: P~I '" if \ N ~"E. \-'0<;:)U!J""f' .....'" '.;.\.\~ F"\'o(L -::r~~"'" ~\A-~~ 351)()O'Gl<:l Date of Hearing: I oJ\2.1 oS- Date of Award: ) ~ II L)o -:s- . Arbitrator, dissents. (Insert name if applicable.) ~))j a (?,A-~ /2- cJ -j !Lf~ (Chairman) ~ :....'. .~-.,...: j .w......", , .11""_~ _,ow' -"' .. . :., , . . ~, ~'.'" _. .~~ ~~~ Notice of Entry of Award Now, the J :;.... day of (f!~~ ,20 os' , at q: '16 ,JL,M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys, Arbitrators' compensation to be paid upon appeal: $ ;l'7D, UD -Pro notary By: Deputy (') ...., = f c;:; o.n a .~., - , 0.:' '\9 ...:-- --j .r.- -, OJ P. Richard Wagner, Esquire LD, No, 23103 2233 North Front Street Harrisburg, Pennsylvania 17110 (717) 2340-70-51 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANITA LOWE, v. NO. 02-5671 CIVIL ROBERT CASSEL, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Kindly mark the Award of Arbitrators SATISFIED, and this matter as DISCONTINUED WITH PREJUDICE. Respectfully submitted, I ~ p, Richard Wagner, Esquire / Attorney J.D. No. 23103 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Attorneys for Plaintiff Date: 1!--(/-(}5- r"--.'l ,:~::., ~)~ o co -~;1 ::? rilp --~;rr - '~~) ~? ~~' 7~" ( " ,-:-::f'"{l ,~ .--4 ;>- .-' -< 1..0 Cu o