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HomeMy WebLinkAbout02-5821JEANNIE R. SHULL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. EDGAR L. DYSON, Defendant CIVIL ACTION - LAW NO. ?' _ 'j- PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly issue a Writ of Summons against the following Defendant: Edgar L. Dyson 1952 Chestnut Street Camp Hill, PA 17011 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Francis J. La erty, fV`Esgi Attorney 1.11 No. 84009 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Dated: Attorneys for Plaintiff Document #: 146611.1 ^Nz? n r J y T G U, v SHERIFF'S RETURN - REGULAR CASE NO: 2002-05821 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHULL JEANNIE R VS DYSON EDGAR L JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS DYSON EDGAR L was served upon the DEFENDANT , at 1239:00 HOURS, on the 18th day of December , 2002 at 1952 CHESTNUT STREET CAMP HILL, PA 17011 JANE DYSON by handing to WIFE OF DEFENDANT a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 So Answers: R. Thomas Kline 12/19/2002 METZGER WICKERSHAM Sworn and Subscribed to before me this 3,.d, day of {j(_. _? ?19y A. D. Prothonotary By: D puty Sheriff -Tl ? JEANNIE R. SHULL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. OA-50-1 EDGAR L. DYSON, Defendant NOTICE TO: Edgar L. Dyson 1952 Chestnut Street Camp Hill, PA 17011 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 800/990-9108 281642 NOTICIA USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda v Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero rechnnado en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO IMMEDIATAMENTA. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA. AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800/990-9108 291642 JEANNIE R. SHULL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO.02-582. EDGAR L. DYSON, Defendant COMPLAINT 1. Plaintiff, Jeannie R. Shull, is an adult individual residing at 1195 Cly Road, York Haven, York County, Pennsylvania, 17370. 2. Defendant, Edgar L. Dyson, is an adult individual residing at 1952 Chestnut Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. On December 7, 2002, Plaintiff was the owner and operator of a 1992 Honda Civic with Pennsylvania registration plate number CDG-8611 and VIN number 1 HGEG8544NLO3 8947. 4. On December 7, 2002, Defendant was the operator of a 2000 Toyota Camry with Pennsylvania registration plate number BXJ-7262 and VIN number 55290100501. 5. On the aforesaid date, at approximately 2:52 p.m., Plaintiff was operating her vehicle and stopped in the inside lane of Lowther Street waiting to turn left onto Brandt Avenue in Lemoyne, Cumberland County, Pennsylvania. 6. On the aforesaid date and time, Defendant was traveling westbound on Lowther Street when he fell asleep while driving and he failed to properly stop as he approached the stopped traffic, including Plaintiff, causing injury to Plaintiff as set forth below. 281642 7. The collision occurred solely as a result of the negligence, carelessness, and recklessness of Defendant Dyson and was due in no manner, or to any act, or failure to act, on the part of the Plaintiff. 8. As a result of the aforesaid accident and negligence of Defendant, Plaintiff, Jeannie R. Shull, has suffered injuries, including but not limited to, headaches and injuries to her neck, left shoulder and left hand. 9. As a result of the aforesaid accident and negligence of Defendant, Plaintiff, Jeannie R. Shull, was forced to incur medical and incidental bills and expenses, including medication, for the injuries she has suffered and will continue to incur said medical and incidental bills and expenses in the future, all to her great loss and detriment. 10. As a result of the aforesaid accident and negligence of Defendant, Plaintiff, Jeannie R. Shull, suffered a loss of ability to perform household services and productivity, all to her great loss and detriment. 11. As a result of the aforesaid accident and negligence of Defendant, Plaintiff, Jeannie R. Shull, has undergone and in the future will undergo great mental and physical pain and suffering, mental anguish, discomfort and inconvenience, &ad distress, embarrassment and humiliation, past, present, and future loss of her ability to enjoy the pleasures of life, and limitations in her pursuit of daily activities, all to her great loss and detriment. -2- 281642 COUNTI Plaintiff v. Defendant, Edgar L. Dyson 12. Paragraphs 1 through 11 hereof are incorporated :herein by reference as if fully set forth at length. 13. Defendant, Edgar L. Dyson, owed a duty to other lawful users of the roadways in the Commonwealth of Pennsylvania to operate the vehicle he was operating in such a way as to not cause harm or damage to said other persons and to Plaintiff ;in particular. The accident was caused directly, proximately, and/or substantially by the negligence, carelessness, and recklessness of Defendant, Edgar L. Dyson, in the following particulars: (a) failing to observe the roadway ahead and the presence of other vehicles; (b) failing to slow or stop the vehicle he was operating so as to avoid a collision; (c) failing to apply the brakes to the vehicle lie was operating or take other evasive action to avoid the collision with Plaintiff's vehicle; (d) failing to maintain adequate control of the vehicle he was operating in order to avoid a collision; (e) failing to give warning to Plaintiff, Jeannie R. Shull, of his impending collision with Plaintiff's vehicle; (f) operating his vehicle in careless disregard for the safety of persons and/or property in violation of 75 Pa. C.S.A. Section 3714 and applicable law; -3- 281642 (g) falling asleep while operating his vehicle in careless disregard for the safety of other persons and/or property in violation of 75 Pa. C.S.A. Section 3714 and applicable law; (h) failing to keep his vehicle under proper and adequate control so as not to expose other users to an unreasonable risk of harm; (i) failing to familiarize himself with the roadways and his surroundings; 0) not paying attention to his surroundings; (k) driving his vehicle in reckless disregard for the safety of persons and/or property in violation of 75 Pa. C.S.A. Section 3736 and applicable law; (1) failing to obey traffic control signals in violation of 75 Pa. C.S.A. Section 3112 and applicable law; (m) operating his vehicle too fast for the conditions existing at the aforesaid time and place and at an unsafe speed in violation of 75 Pa. C.S.A. Section 3361 and applicable law; (n) failing to slow down to a reasonable speed for existing conditions and stop when approaching a traffic signal in violation of 75 Pa. C.S.A. Section 3323 and applicable law; (o) moving a vehicle when not safe to do so in violation of 75 Pa. C.S.A. Section 3333 and applicable law; and (p) failing to obey traffic control devices in violation of 75 Pa. C.S.A. Section 3111 and applicable law. 14. As a result of the violation of the above mentioned sections of the Pennsylvania Motor Vehicle Code, Defendant, Edgar L. Dyson, is negligent per se. -4- 281642 15. As a direct and proximate result of the collision and negligence, carelessness, and recklessness of Defendant, Edgar L. Dyson, Plaintiff, Jeannie R. Shull, sustained, and in the future may sustain, serious and debilitating injuries, some of which are or may be permanent, which include, but are not limited to, the following: (a) headaches; (b) back injuries' (c) left shoulder injuries; (d) left arm injuries. 16. As a direct and proximate result of the aforesaid collision, negligence, carelessness, and recklessness of Defendant, Edgar L. Dyson, Plaintiff, Jeannie R. Shull, was forced to incur medical bills and expenses for the injuries she has suffered and will continue to incur medical expenses in the future. 17. As a direct and proximate result of the aforesaid collision, negligence, carelessness, and recklessness of Defendant, Edgar L. Dyson, Plaintiff, Jeannie R. Shull, has suffered and may suffer a loss of earnings, permanent disability, impairment, loss of productivity, loss of household services, and/or loss of earning capacity. 18. As a result direct and proximate result of the aforesaid collision, negligence, carelessness, and recklessness of Defendant, Edgar L. Dyson, Plaintiff, Jeannie R. Shull, has undergone and in the future will undergo great physical pain, mental pain, discomfort, inconvenience, distress, embarrassment and humiliation, past and future loss of her ability to enjoy the pleasures of life, and limitations in pursuit of daily activities, all to her great loss and detriment. -5- 281642 19. As a direct and proximate result of the aforesaid collision, negligence, carelessness, and recklessness of Defendant, Edgar L. Dyson, Plaintiff, Jeannie R. Shull, sustained incidental costs and losses to include, but not limited to, past and future medication costs and medical appliances. WHEREFORE, Plaintiff, Jeannie R. Shull, demands judgment in her favor and against Defendant, Edgar L. Dyson, in an amount which exceeds the limits of compulsory arbitration in Cumberland County, Pennsylvania, plus interest and/or damages for delay and costs of prosecution. METZGER, WIC5KEjL%HAM, KNAUSS & ERB, P.C. By: rancis J. L eriy, IV, Esquire Attorney I.D. No. 84009 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: d -6- 281642 VERIFICATION The undersigned hereby certifies that he is the attorney for the Plaintiff, Jeannie R. Shull, and that the facts in the foregoing Complaint are true and correct to the best of his knowledge, information, and belief, and that said matters relating to the Plaintiff, Jeannie R. Shull, are as known to the undersigned as to the client, Plaintiff, Jeannie R. Shull, said knowledge being based upon information contained in the attorney's file in this matter, and further states that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. ran is J. L rty; Dated: 281642 CERTIFICATE OF SERVICE I, Francis J. Lafferty, IV, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of the Complaint with reference to the foregoing action by first class mail, postage prepaid, this day of May, 2003, on the following: Edgar L. Dyson c/o Sharon M. O'Donnell, Esquire Marshall, Dennehey, Warner, Coleman & Goggin, P.C. 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Francis J. L erty, , Esquire 281642 C_7 r-7 ca; n - n ? ?? !.._ ? -,? ?' Y.?? ,? t ?? ? ?..i JEANNIE R. SHULL, Plaintiff V. EDGAR L. DYSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION .- LAW NO. 2002-05821 JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel on behalf of the Defendant, Edgar L. Dyson, in the above-captioned case. DATE:5bwj?p3 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN n BY: `?Sr? ON M. O'DO L, SQUIRE D. No. 79457 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3503 Attorneys for Defendant CERTIFICATE OF SERVICE I, Elizabeth L. Ziegler, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this O? 8>-'-"'day of May, 2003, a true and correct copy of the foregoing document was served via U.S. first-class mail, postage pre-paid, as follows: Francis J. Lafferty, IV, Esquire METZGER, WICKERSHAM, KNAUSS & ERB, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17108 ELIZ TH L. Z L '' ??_` FTF ;r; ? i:..: fT .. _ Y CI1 c',. '? •?_'- tS1 ? ... ?,? 'n'ti _,_5? ? ?=-? {Ti ? ?t ? ? JEANNIE R. SHULL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. EDGAR L. DYSON, NO. 2002-05821 Defendant : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Jeannie R. Shull, Plaintiff c/o Francis J. Lafferty, IV, Esquire METZGER, WICKERSHAM, KNAUSS & ERB, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17108 You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default judgment maybe filed against you. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATED: '711 (Q I BY: jj/, JOS H ESQ IRE I.D. o. 78119 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3508 Attorneys for Defendant, Edgar L. Dyson \05_A\LIABUPM\LLPG\127191 \CY W\13241 \00264 JEANNIE R. SHULL, Plaintiff V. EDGAR L. DYSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-05821 JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT, EDGAR L. DYSON, TO PLAINTIFF'S COMPLAINT After reasonable investigation, Answering Defendant lacks information or knowledge sufficient to form a belief as to the truth of the averments contained in this paragraph and the same are therefore denied, strict proof being demanded at trial, if relevant. 2. Admitted. 3. After reasonable investigation, Answering Defendant lacks information or knowledge sufficient to form a belief as to the truth of the averments contained in this paragraph and the same are therefore denied, strict proof being demanded at trial, if relevant. 4. Admitted. 5. After reasonable investigation, Answering Defendant lacks information or knowledge sufficient to form a belief as to the truth of the averments contained in this paragraph and the same are therefore denied, strict proof being demanded at trial, if relevant. 6. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. In the event that a response is required, it is admitted that Answering Defendant fell asleep while driving and did not stop before the front of his vehicle came into contact with a 1998 Ford Taurus. The remaining averments contained herein are denied generally pursuant to Pa.R.C.P. 1029 (e). 7. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments contained in this paragraph are denied generally pursuant to Pa.R.C.P. 1029 (e). The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments contained in this paragraph are denied generally pursuant to Pa.R.C.P. 1029 (e). 9. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments contained in this paragraph are denied generally pursuant to Pa.R.C.P. 1029 (e). 10. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments contained in this paragraph are denied generally pursuant to Pa.R.C.P. 1029 (e). 11. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments contained in this paragraph are denied generally pursuant to Pa.R.C.P. 1029 (e). COUNTI Plaintiff v. Defendant. Edgar L. Dyson 12. The answers to paragraphs 1-11 are incorporated herein by reference as if fully set forth at length. 13. (a - p) The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments contained in this paragraph are denied generally pursuant to Pa.R.C.P. 1029 (e). 14. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments contained in this paragraph are denied generally pursuant to Pa.R.C.P. 1029 (e). 15. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments contained in this paragraph are denied generally pursuant to Pa.R.C.P. 1029 (e). 16. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments contained in this paragraph are denied generally pursuant to Pa.R.C.P. 1029 (e). 17. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments contained in this paragraph are denied generally pursuant to Pa.R.C.P. 1029 (e). 18. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments contained in this paragraph are denied generally pursuant to Pa.R.C.P. 1029 (e). 19. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments contained in this paragraph are denied generally pursuant to Pa.R.C.P. 1029 (e). WHEREFORE, Answering Defendant, Edgar L. Dyson respectfully requests that this Honorable Court dismiss Plaintiffs Complaint, in its entirety, with prejudice, and enter judgment in favor of said Defendant. NEW MATTER 20. The answers to paragraphs 1-19 are incorporated herein by reference as if fully set forth at length. 21. The Plaintiff may have failed to state a cause of action upon which relief can be granted. 22. The applicable Statute of Limitations may have expired prior to the proper institution of this action. 23. Answering Defendant was not negligent. 24. Any acts or omission of Answering Defendant alleged to constitute negligence were not substantial causes or factors of the subject incident and/or did not result in the injuries and/or losses alleged by the Plaintiff. 25. The incident and/or damages prescribed in Plaintiff s Complaint may have been caused or contributed to by the Plaintiff. 26. The negligent acts or omissions of other individuals and/or entities may have constituted intervening superseding causes of the damages and/or injuries alleged to have been sustained by the Plaintiff. 27. The Plaintiff may have assumed the risk. The Plaintiff may have been contributorily negligent. 28. The incident, injuries and/or damages alleged to have been sustained by the Plaintiff were not proximately caused by Answering Defendant. 29. Plaintiff may have failed to mitigate her damages. 30. Plaintiff may have selected the "limited tort option" under motor vehicle insurance policy, thereby waiving any non-economic claim for injuries that are not found to be "serious", pursuant to 75 Pa. C.S.A. §1702 and §1705. 31. Defendant hereby avers that the injuries sustained by the Plaintiff, if any, were not "serious" under the statute, thereby negating any non-economic claim by the Plaintiff. 32. Plaintiffs recovery in this case, if any, is limited by the provisions of 75 Pa. C.S.A. §1720 and §1722. WHEREFORE, Answering Defendant, Edgar L. Dyson, respectfully requests that Plaintiffs Complaint be dismissed in its entirety. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: 111(1/0 BY: I. W No. 78119 '?/ v 200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3509 Attorney for Defendant, Edgar L. Dyson \05 A\LIAB\1PM\LLPG\127189\CYW\13241\00264 VERIFICATION The undersigned hereby verifies that the statements in the foregoing Answer with New Matter are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of the defense of this lawsuit. The language of the Answer with New Matter is that of counsel and not my own. I have read the Answer with New Matter, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Answer with New Matter are that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. BY: DATE: (1 1 1 b3 Edgar L. Dykkon \05 A\LIAB\1PM\LLPG\127192\CYW\13241\00264 JEANNIE R. SHULL, Plaintiff V. EDGAR L. DYSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-05821 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Rachael Young, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this _ L (B day of July, 2003, I served a true and correct copy of the foregoing document via U.S. first-class mail, postage pre-paid, as follows: Francis J. Lafferty, W, Esquire METZGER, WICKERSHAM, KNAUSS & ERB, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17108 RACHAE O \05_A\LIAB\ELZ\LLPG\125239\ELZ\l3241 \00264 O C::` C ._. T? ?' ; r, ?;?, _, ._ r? ij ?a rt? , L, ? _ . j _ .. ? ?J `O CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: JEANNIE SHULL -VS- EDGAR DYSON COURT OF COMMON PLEAS TERM, CASE NO: 2002-05821 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOSEPH F. MURPHY, 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: 07/29/2003 Con beha fx? ` AS OSE H F: 1URPHY, ESQ. CJ Attorney for DEFENDANT DE11-434141 8 9 8 64 -L O I C O M M O N W E A L T H 0 17 P E NN S Y L VAN 2 A COUNTY 017 C UMBER LAN D IN THE MATTER OF: COURT OF COMMON PLEAS JEANNIE SHULL -VS- EDGAR DYSON TERM, CASE NO: 2002-05821 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 SUSQUEHANNA VALLEY SURGERY CTR MEDICAL RECORDS HEALTHSOUTH MEDICAL RECORDS TO: FRANCIS J. LAFFERTY IV, ESQ. MCS on behalf of JOSEPH F. MURPHY, 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: 07/09/2003 CC: JOSEPH F. MURPHY, ESQ. - 13241-00264 DONNA CONKLIN - MCS on behalf of JOSEPH F. MURPHY, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-234392 8 9 8 6 4- C O 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JEANNIE SHULL VS File No. 2002-05821 EDGAR DYSON SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: SUSQUEHANNA VALLEY SURGERY 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: SEE ATTACHED at MCS GROUP INC., 1601 MARKET ST., 1800, PHILA.,PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after 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: JOSEPH MURPHY, ESQ. ADDRESS: 4200 CRUMS MILL RD,. HARRISBURG. PA 17112 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: ID.FFMAAT BY T?T, COURT: DATE: / i 3Fn Ll?rr?? Cr?Q (. J / 3 Prothonotary/Clerk, Civi ision Deput Seal of the Court (Eff.7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SUSQUEHANNA VALLEY SURGERY CTR 4310 LONDONDERRY RD. HARRISBURG_ PA 17109 RE: 89864 JEANNIE SHULL 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 : JEANNIE SHULL Social Security #: 187-62-3130 Date of Birth: 06-17-1966 SU10-452980 8 9 8 6 4- 1,0 1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: JEANNIE SHULL EDGAR DYSON COURT OF COMMON PLEAS TERM, -vs- CASE NO: 2002-05821 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOSEPH F. MURPHY, 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: 07/29/2003 JOSEPH F. MURPHY, ESQ. Attorney for DEFENDANT DE11-434142 89864-L 02 C O M M O N W E A L T H or P E N N S Y L VAN I A COUNTY OP C UM B E R L AND IN THE MATTER OF: JEANNIE SHULL -VS- EDGAR DYSON NOTICE OF INTENT SUSQUEHANNA VALLEY SURGERY CTR MEDICAL RECORDS HEALTHSOUTH MEDICAL RECORDS COURT OF COMMON PLEAS TERM, CASE NO: 2002-05821 PRODUCE TO: FRANCIS J. LAFFERTY IV, ESQ. MCS on behalf of JOSEPH F. MURPHY, 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: 07/09/2003 MCS on behalf of CC: JOSEPH F. MURPHY, ESQ. - 13241-00264 DONNA CONKLIN - Any questions regarding this matter, contact JOSEPH F. MURPHY ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-234392 8 9 8 6 4- C O 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JEANNIE SHULL VS File No. 2002-05821 EDGAR DYSON SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOReHEALTHSOUTH (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED at NCS GROUP INC., 1601 MARKET ST.. 1800. PHILA.,PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after 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: JOSEPH MURPHY, ADDRESS: 4200 CRUNS KILL RD, . HARRISBURG. PA 17112 TELEPHONE: 215-246-0900 SUPREME COURT ID a: ATTORNEY FOR: 11IFFOmANT DATE: _ .??t DC 43 Seal of the Court (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HEALTHSOUTH 1170 HARRISBURG PIKE CARLISLE, PA 17013 RE: 89864 JEANNIE SHULL 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 : JEANNtE SHULL Social Security #: 187-62-3130 Date of Birth: 06-17-1966 SU10-452982 89864-1,02 l7 l'.-.: C.J Fri C : `'l -17 JEANNIE R. SHULL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. EDGAR L. DYSON, Defendant CIVIL ACTION - LAW NO. 02-5821 PLAINTIFF, JEANNIE SHULL'S REPLY TO DEFENDANT EDGAR L. DYSON'S NEW MATTER 20. Without admission, the Defendant's answers to paragraphs 1 through 19 of the Plaintiff's Complaint speak for themselves. 21. Conclusion of law, no reply required. If a reply is required, the averments are denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, Plaintiff has stated causes of action upon which relief can be granted as set forth in the Complaint filed in this action which is incorporated herein by reference as if fully set forth. 22. Conclusion of law, no reply required. If a reply is required, the averments are denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, Plaintiff brought her claims within the applicable statute of limitations. 23. Conclusion of law, no reply required. If a reply is required, the averments are denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, the Defendant was negligent in this matter as set forth in the Complaint filed in this action which is incorporated herein by reference as if fully set forth. 24. Conclusion of law, no reply required. If a reply is required, the averments are denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, the acts and/or omissions of Defendant clearly constitute negligence and were substantial causes or factors of the subject 295243 incident that did in fact result in the injuries and/or losses alleged by the Plaintiff as set forth in the Complaint filed in this action which is incorporated herein by reference as if fully set forth. 25. Conclusion of law, no reply required. If a reply is required, the averments are denied pursuant to Pa. R.C.P. No. 1029(e) and No. 1030 (note). By way of further reply, Plaintiff, Jeannie R. Shull, was not negligent in any manner and Defendant has failed to specify how the Plaintiff may have caused or contributed to the incident and/or her damages. 26. Conclusion of law, no reply required. If a reply is required, the averments are denied pursuant to Pa. R.C.P. No. 1029(e) and No. 1030 (note). By way of further reply, Plaintiff, Jeannie R. Shull, was not negligent in any manner and Defendant has failed to specify the "other individuals and/or entities" who may have caused Plaintiff's injuries or whom constituted intervening superceding causes of the damages and/or injuries sustained by the Plaintiff. 27. Conclusion of law, no reply required. If a reply is required, the averments are denied pursuant to Pa. R.C.P. No. 1029(e) and No. 1030 (note). By way of further reply, Plaintiff, Jeannie R. Shull, did not assume any risk on the date of the accident. Furthermore, Plaintiff, Jeannie R. Shull, was not contributorily negligent in any manner. By way of further reply, Plaintiff incorporates by reference as if fully set forth herein the Complaint filed in this matter. 28. Conclusion of law, no reply required. If a reply is required, the averments are denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, the damages sustained by the Plaintiff were proximately caused by the Defendant. Furthermore, Plaintiff incorporates by reference as if fully set forth herein the Complaint filed in this matter. -2- 255243 29. Conclusion of law, no reply required. If a reply is required, the averments are denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, Plaintiff has mitigated her damages to the best of her ability to date. 30. Denied. Plaintiff did not select the "limited tort option" under any motor vehicle insurance policy. To the contrary, Plaintiff selected the "full tort option" thereby not waiving her right to recover non-economic claims pursuant to 75 Pa. C.S.A. Section 1702 and Section 1705. 31. Denied. Plaintiff selected the "full tort option." Therefore, she has not waived any non-economic claim nor does she have to sustain a "serious" injury under the statute. 32. Conclusion of law, no reply required. If a reply is required, the averments are denied pursuant to Pa. R.C.P. No. 1029(e). WHEREFORE, Plaintiff, Jeannie R. Shull, demands that Defendant, Edgar L. Dyson's New Matter be dismissed and that judgment be entered in her favor as requested in the Complaint filed in this action. METZGER, WIC M KNAUSS & ERB, P.C. Z By: rancis J. Lafferty, I , Esquire Attorney I.D. No. 84009 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 7 Attorneys for Plaintiff Dated: / 1,?3 -3- 285243 VERIFICATION The undersigned hereby certifies that he is the attorney for the Plaintiff, Jeannie R. Shull, and that the facts in the foregoing Plaintiff, Jeannie Shull's Reply to Defendant, Edgar L. Dyson's New Matter are true and correct to the best of his knowledge, information, and belief, and that said matters relating to the Plaintiff, Jeannie R. Shull, are as known to the undersigned as to the client, Plaintiff, Jeannie R. Shull, said knowledge being based upon information contained in the attorney's file in this matter, and further states that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. Francis J. LOW, IV Dated: 7A 285243 CERTIFICATE OF SERVICE I, Francis J. Lafferty, IV, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of the Plaintiff, Jeannie Shull's Reply to Defendant, Edgar L. Dyson's New Matter with reference to the foregoing action by first class mail, postage prepaid, this 3) (" day of July, 2003, on the following: Joseph Murphy, Esquire Marshall, Dennehey, Warner, Coleman & Goggin, P.C. 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Francis J. Lafferty, , Esquire 285243 ?? ? ?? -O ?` ^ T" ? J G7 _ _ r 1 _1 ?? [ . . .!i . . b ? ! u. ? 5I n = ?../ "? ? tD c i _< JEANNIE R. SHULL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V NO. 2002-05821 EDGAR L. DYSON, Defendant JURY TRIAL DEMANDED PRAECIPE Kindly withdraw Defendant Dyson's Motion to Compel Plaintiff to Answer Defendant's Written Discovery. DATE: C) I 0 m Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: ,h ,? squ e Jbs' Urp 4 Crums Mill oa Suite B Harrisburg, PA 17112 I.D. No. 78119 (717) 651-3509 Attorney for Defendant JEANNIE R. SHULL, Plaintiff V. EDGAR L. DYSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-05821 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Ellen M. Palmer, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this I ?A day 2004,1 served a true and correct copy of the foregoing document via U.S. first-class mail, postage pre- paid, as follows: Francis J. Lafferty, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17108 0001A/ ow" Ellen M. Palmer r C1 o C7 CX) n c= {V C N CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JEANNIE SHULL TERM, -VS- CASE NO: 2002-05821 EDGAR DYSON As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOSEPH F. MURPHY, 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: 03/17/2004 ? S on ih?f 0f u H E?. MUR t4e torney y for E Q IT DE'L1-480342 89864-L 03 C O M M O N W E AL T H op P E NN SIW L VANS A COUNT Y op C UM B E R.LAN D IN THE MATTER OF: JEANNIE SHULL -VS- EDGAR DYSON NOTICE OF INTENT THINGS FO WILLIAM NEWER, D.O. ARLINGTON ORTHOPEDICS HOLY SPIRIT HOSPITAL COURT OF COMMON PLEAS TERM, CASE NO: 2002-05821 SUBPOENA .23. MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS TO: FRANCIS J. LAFFERTY IV, ESQ., PLAINTIFF COUNSEL MCS on behalf of JOSEPH F. MURPHY, 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: 02/26/2004 CC: JOSEPH F. MURPHY, ESQ. - 13241-00264 DONNA CONKLIN - Any questions regarding this matter, contact MCS on behalf of JOSEPH F. MURPHY, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE0,2-257534 8 9 8 6 4- C O 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JEANNIE SHULL VS. EDGAR DYSON File No. 2002-05821 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for WILLIAM W .R. D.O. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MC-C Gmip Inc 1601 Market Street Suite 800 Philadelphia , PA 1.9103 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: JOSEPH F MURPHY ESO ADDRESS: 4200 CRUMS MILL ROAD SUITE B HARRISBURG PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant MAR 1 7 2004 Date: ? ') ?"? / Seal of t Court BY HE COURT- I R P othonolary/Cle k, ivil Divisi j?j z. Dep ty 89864-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: WILLIAM WEWER, D.O. 30 S. FRONT STREET STEELTON, PA 17113 RE: 89864 JEANNIE SHULL 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 : JEANNIE SHULL Social Security #: 187-62-3130 Date of Birth: 06-17-1966 SU10-490532 89864-L 03 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JEANNIE SHULL TERM, -VS- CASE NO: 2002-05821 EDGAR DYSON As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOSEPH F. MURPHY, 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: 03/17/2004 JOSEPH F. MURPHY, ESQ. Attorney for DEFENDANT DE11-480343 89864-1,04 C O M M O N W E A L T H OF P E NN S Y L VAN 2 A COUNTY OF CUMBER LAN D IN THE MATTER OF: COURT OF COMMON PLEAS JEANNIE SHULL -VS- EDGAR DYSON NOTICE OF INTENT TERM, CASE NO: 2002-05821 SUBPOENA WILLIAM NEWER, D.O. MEDICAL RECORDS ARLINGTON ORTHOPEDICS MEDICAL RECORDS HOLY SPIRIT HOSPITAL MEDICAL RECORDS TO: FRANCIS J. LAFFERTY IV, ESQ., PLAINTIFF COUNSEL MCS on behalf of JOSEPH F. MURPHY, 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: 02/26/2004 CC: JOSEPH F. MURPHY, ESQ. - 13241-00264 DONNA CONKLIN - Any questions regarding this matter, contact MCS on behalf of JOSEPH F. MURPHY, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-257534 8 9 8 6 4- C O 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JEANNIE SHULL vs. EDGAR DYSON File No. 2002-05821 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400922 TO: Custodian of Records for ARLINGTON ORTHOPEDICS (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: **** SF ATTACHED RID FR **** at The MC; C'rol,lli. InC 1601 Market Street C i[ 800 Philade hia, PA 1.2103 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: JOSEPH F. MURPHY ESO ADDRESS: 4200 CRUMS MIT .L ROAD SUITE B HARRTSB R PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant COURT: MAR 1 7 2004 Date: GU Seal of t Court 89864-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ARLINGTON ORTHOPEDICS 805 SIR THOMAS COURT HARRISBURG, PA 17109 RE: 89864 JEANNIE SHULL 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 : JEANNIE SHULL Social Security #: 187-62-3130 Date of Birth: 06-17-1966 SU10-490534 8 9 8 6 4- L 0 4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: JEANNIE SHULL EDGAR DYSON COURT OF COMMON PLEAS TERM, -VS - CASE NO: 2002-05821 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOSEPH F. MURPHY, 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: 03/17/2004 JOSEPH F. MURPHY, ESQ. Attorney for DEFENDANT DE11-480344 8 9 8 6 4- L 0 5 C O M M O NW E A L T H OF P E NN S Y L VANS A COUNT Y OF C UMB E R LAN D IN THE MATTER OF: COURT OF COMMON PLEAS JEANNIE SHULL -VS- EDGAR DYSON TERM, CASE NO: 2002-05821 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMBNTS AND THINGS FOR DISCOVERY PURSUANT TO REFLE 4009.21 WILLIAM WEWER, D.O. MEDICAL RECORDS ARLINGTON ORTHOPEDICS MEDICAL RECORDS HOLY SPIRIT HOSPITAL MEDICAL RECORDS TO: FRANCIS J. LAFFERTY IV, ESQ., PLAINTIFF COUNSEL MCS on behalf of JOSEPH F. MURPHY, 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: 02/26/2004 CC: JOSEPH F. MURPHY, ESQ. - 13241-00264 DONNA CONKLIN - Any questions regarding this matter, contact MCS on behalf of _ JOSEPH F. MURPHY, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-257534 89864-C!02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JEANNIE SHULL File No. 2002-05821 vs. EDGAR DYSON SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400912 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (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: **** S ATTACHED RIDER **** at The M C-1; Group, Inc._ 1601 Market Street_ Suite R00 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: JOSEPH F MURPHY O ADDRESS: 4200 CRUMS MILL ROAD SUITE B HARRISBURG PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant MAR 1 7 2004 Date: / Seal of the Court 89864-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 NORTH 21ST STREET CAMP HILL, PA 17011 RE: 89864 JEANNIE SHULL Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic; form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject: JEANNIE SHULL Social Security #: 187-62-3130 Date of Birth: 06-17-1966 SU10-490536 89864-L 05 (7 r i (_} ....? - ?J F?'-it -? • f" __ 1 _` ?,? fV `? JEANNIE R. SHULL, Plaintiff V. EDGAR L. DYSON, Defendant IN THE COURT OF' COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-05821 JURY TRIAL DEMANDED WITHDRAWAL OF APP ARANCF_ TO THE PROTHONOTARY: Kindly withdraw the appearance of the undersigned as counsel on behalf of the Defendant, Edgar L. Dyson, in the above-captioned case. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: U r BY: JOH F. MU]E PHY,`ESQUI I.D. o. 78119 4209 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3509 Attorney for Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel on behalf of the Defendant, Edgar L. Dyson, in the above-captioned case. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: CHRISTOPHER M. REESER, ESQUIRE I.D. No. 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3509 Attorneys for Defendant DATE: 0110-A JEANNIE R. SHULL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2002-05821 EDGAR L. DYSON, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this IS+ day of al 2004, I served a true and correct copy of the foregoing document via U.S. first-class mail, postage pre- paid, as follows: Francis J. Lafferty, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17108 SUSAN M. WILLIAMS ?} D ?7 i . o 'fl :, 2 JEANNIE R. SHULL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. EDGAR L. DYSON, Defendant NO. 2002-05821 JURY TRIAL DEMANDED NOTICE OF DEATH OF A PARTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 2355 TO THE PROTHONOTARY: The death of defendant Edgar L. Dyson, a party to the above action, during the pendency of this action is noted upon the record. Respectfully Submitted, DATE: CxI MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: L3 CHRISTOPHER M. REESER, ESQUIRE I.D. No. 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3509 Attorney for the Deceased Party JEANNIE R. SHULL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA V. EDGAR L. DYSON, CIVIL ACTION - LAW NO. 2002-05821 Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Christopher M. Reeser, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ZZ day of U' CwUSLY 2004,1 served a true and correct copy of the foregoing document via U.S. first-class mail, postage pre- paid, as follows: Francis J. Lafferty, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17108 CHRISTOPHER M.REESER JEANNIE R. SHULL, V. EDGAR L. DYSON, TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5821 Defendant Enter a Rule upon Jane Dyson to show cause why she should not be substituted as a part y Defendant in the above-captioned action in place and stead of Edgar Dyson. The material facts in support of such substitution are: The within action was initiated by Writ of Summons on December 6, 2002 by Plaintiff, Jeannie R. Shull, for injuries she sustained in a motor vehicle collision which occurred on December 7, 2000. 2. A Complaint was thereafter filed in this matter on May 29, 2003. 3. On October 22, 2004, Defendant's attorney sent a letter to Plaintiffs attorney advising that Defendant, Edgar Dyson, had died in October of 2003. After further investigation, Defendant's counsel learned that no Estate had been established on behalf of Defendant (see Exhibit "A" attached hereto and incorporated herein by reference). 4. On December 8, 2004, Defendant's attorney sent a letter to Defendant decedent's spouse, Jane Dyson, advising her that she had the option of creating the estate for her husband and that if she chose not to open an estate, Plaintiffs counsel would 292230 file the necessary paperwork so that the lawsuit could proceed against the estate (see Exhibit "B" attached hereto and incorporated herein by reference) 5. Plaintiff's counsel has since learned that Jane Dyson does not intend to open an estate. 6. Pa. R.C.P. 2355 states as follows: If a named party dies after the commencement of an action, the attorney of record for the deceased party shall file a notice of death with the prothonotary. The procedure to substitute the personal representative of the deceased party shall be in accordance with Rule 2352. Pa. R.C.P. 2352(b) states as follows: If the successor does not voluntarily become a party, the prothonotary, upon praecipe of an adverse party setting forth the material facts shall enter a rule upon the successor to show cause why the successor should not be substituted as a party. 8. In order to move forward with the above-captioned action, Plaintiff requests this Court to enter a Rule upon Jane Dyson to show cause why she should not be substituted as a party on behalf of Defendant decedent. METZGER, W!?SHAM KNAUSS & ERB, P.C. WIdUc3s J. tterty/IV, Esquire Attorney I.D. No. 84009 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: -2- 292230 A REGIONAL DEFENSE LITIGATION LAW FIRM MWH4L1j DENNEHEY, WMtNM, COLEMAN cG GOGGIN . A P R O P E 5 S I O N A L C O R P O R A T I O N WW W MOT 2 a 2004 EbylbtoWn .1p?E9t13ltdCIILLP.bly.C0111 Hartiebulg Newm- Eq- 4200 Crums Mill Road, Suite B • Harrisburg, PA 17112 NrWHdP (717) 651-3500 • Fax (717) 651-9630 9C .W.R N. J..., Chary Hill R h A Direct Dial: (717) 651-3509 ..e . U. H .. Email: creeser@mdweg.com WAMIM.. 0.1. Ak. P.o.'" M.I..dep.Ie October 22, 2004 ?11911d0 Francis J. Lafferty, IV, Esquire METZGER, WICKERSHAM, KNAUSS & ERB, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17108 RE: Jeannie Shull v Ed ar Dyson CCP (Cumberland County) No. Our File No. 13241-00264.424 Dear Frank: As I am sure you are aware, we have been informed by the family of our client, Edgar Dyson, that he died last October. Obviously, we were unaware of Mr. Dyson's death until we tried to schedule his deposition or we would have notified you sooner. I have contacted the Registrar of Wills in Cumberland County and learned that no Estate has been established on behalf of Edgar Dyson. We do have an obituary of an Edgar Dyson's daughter which indicates that she was preceded in death by her father, Edgar Dyson. We are quite confident this is the same Edgar Dyson. I am quite content to take the word of the Dyson family who was very disturbed by the fact that we were trying to contact Mr. Dyson. I will file the Notice of Death with the Prothonotary. For your review is a copy of the obituary of Margaret Dyson, Edgar Dyson's daughter. Since there is no personal representative appointed, I think it is up to you to Petition the court for the appointment of a successor. I have no idea who Edgar Dyson's surviving relatives are. EXHIBIT A Francis J. Lafferty, IV, Esquire October 22, 2004 Page 2 If you have any questions, please do not hesitate to contact me. Very t ours, CHRISTOPHER M. REESER CMR:jw cc: Phyllis Labarge A ttEGlO NAE DEFENSE LITIGATION LAW FIRM ErAra, D ??F?/?? MARS ENNEx> A , WARNER, COLEMAN ., W P p E C ? aFVjN PnnnsvwAmA P O 0. A T ww O N W &thkhem m?haude?nehey.com D.Y]., n 4200 Crums &"` Mill Road, Suite B • Harrisburg, PA 17112 N= (71'7) 651-3500 • Fax (717) 651-9630 "°` lpo Phll?delphia %ttsh"igh Scruimn Williamyp"? N. J.... Direct Dial: (717) 651-3509 a =Hw Email: creesergmdwcg,com a°u••?? Wilmington December 8, 2004 Ak.. Akron Fw.?w Jane Dyson owiwn 1952 Chestnut Street Imp. Camp Hill, PA 17011 RE: Jeannie Shull v. Ed ar Dyson CCP (Cumberland Count 0 49 Our File No. 13241-00264.424 Dear Mrs. Dyson: Our law firm was representing Mr. Edgar Dyson in a lawsuit aising out of a traffic accident back in 2000. We have recently learned that Mr. Dyson has passed away. r Unfortunately, this lawsuit has dragged on. My information is that an estate for Mr. Dyson was not created with the Register of Wills in Cumberland County. As a result, the attorney for the plaintiff in the lawsuit may attempt to raise an estate for Mr. Dyson for the sole purpose of continuing with the lawsuit. You have the the Courthouse option in of Carlisle. creating If the you estate if decide you not to wish by create having aYour file the appropriate documents at I expect that Jeannie Shull's attorney will proceed with creating the estate so that the lawsuit can proceed against the estate. I would appreciate it if you would give me a call so that we can discuss this matter. Or, if you would like, please refer this letter to your attorney and have your attorney call me to decide how this in handled. I look forward to hearing from you about this situation. atter should be Very trul C CHRISTOPHER M.REESER CMR: jw cc: Francis J. Lafferty, IV, Esquire CERTIFICATE OF SERVICE I, Francis J. Lafferty, IV, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of Plaintiff's Petition to Compel the opening of an Estate with reference to the foregoing action by first class mail, postage prepaid, this y?4 f - day of January, 2004, on the following: Christopher Reeser, Esquire (1st Class Mail) Marshall, Dennehey, Warner, Coleman & Coggin, P.C. 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Attorney for Defendant Edgar Dyson (now deceased) Matthew Hamlin, Esquire (1st Class Mail) Mette, Evans & Woodside 3401 North Front Street Harrisburg, PA 17110 Attorney for Jane Dyson Jane Dyson (Certified Mail) 1952 Chestnut Street Camp Hill, PA 17011 292230 l7 N E? t.n V =-1 f irn .? j ( ] Co CTS V j LJ ? _ _. rJ i'_}fCl CIS S'.7 CO JEANNIE R. SHULL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. EDGAR L. DYSON, Defendant CIVIL ACTION - LAW NO. 02-5821 MOTION TO SUBSTITUTE JANE DYSON AS PERSONAL REPRESENTATIVE OF ESTATE OF EDGAR L. DYSON AS DEFENDANT AND NOW, comes the Plaintiff, Jeannie R. Shull, by and through her attorneys, Metzger, Wickersham, Knauss & Erb, and respectfully represents as follows: The within action was initiated by Writ of Summons on December 6, 2002 by Plaintiff, Jeannie R. Shull, for injuries she sustained in a motor vehicle collision which occurred on December 7, 2000. 2. A Complaint was thereafter filed in this matter on May 29, 2003. 3. On October 22, 2004, Defendant's attorney sent a letter to Plaintiff's attorney advising that Defendant, Edgar Dyson, had died in October of 2003. After further investigation, Defendant's counsel learned that no Estate had been established on behalf of Defendant (see Exhibit "A" attached hereto and incorporated herein by reference). 4. On December 8, 2004, Defendant's attorney sent a letter to Defendant decedent's spouse, Jane Dyson, advising her that she had the option of creating the estate for her husband and that if she chose not to open an estate, Plaintiff's counsel would file the necessary paperwork so that the lawsuit could proceed against the estate (see Exhibit "B" attached hereto and incorporated herein by reference) 5. On January 24, 2005, Plaintiff filed a Praecipe for Rule Upon Jane Dyson to Show Cause why She Should Not Be Substituted as a Defendant in Place of Edgar Dyson. 6. Said Praecipe was sent by certified mail to Jane Dyson and received by her on January 28, 2005 (see green return receipt card attached hereto as Exhibit "C"). On January 28, 2005, Ms. Dyson's attorney, Matthew E. Hamlin, sent a letter to Plaintiff s counsel advising him that Ms. Dyson had no objection to be named in this matter as personal representative of her deceased husband, Edgar L. Dyson (see Exhibit "D" attached hereto). 8. Pa. R.C.P. 2355 states as follows: If a named party dies after the commencement of an action, the attorney of record for the deceased party shall file a notice of death with the prothonotary. The procedure to substitute the personal representative of the deceased party shall be in accordance with Rule 2352. 9. Pa. R.C.P. 2352(b) states as follows: If the successor does not voluntarily become a party, any adverse party may file a praecipe for a rule upon the successor to show cause why he should not be substituted. Pa.R.C.P. 2352(b). Following entry of the rule to show cause, the court should enter an order effectuating the substitution. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order substituting Jane Dyson as the Personal Representative of the Estate of Edgar Dyson. Plaintiff further requests that the caption shall be changed to reflect the substitution above stated. 320462-1 -3- METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By F/ancis J^ferfy, IV, Esquire Attorney I.D. No. 84009 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: ?f 320462-1 -3- A REGIONAL DEFENSE LITIGATION LAW FIRM MAMHAU9 DENNEMY, WARNER, Comm GoGGiN A P R O P E S S I O N A L C O R P O R A T T O N W W W.D1 baHdevmehey.wm OCT 2 5 2004 PNOOTYLVANIA Bethleh. Doylmn- Me 4200 Crums Mill Road, Suite B • Harrisburg, PA 17112 (717) 651-3500 • Fax (717) 651-9630 Direct Dial: (717) 651-3509 Email: creeser@mdweg.com October 22, 2004 Francis J. Lafferty, IV, Esquire METZGER, WICKERSHAM, KNAUSS & ERB, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17108 RE: Jeannie Shull v. Edear Dyson CCP (Cumberland County) No. Our File No. 13241-00264.424 Dear Frank: Newtown Sq.. Nonlelown PIWLde1PNa NMbrrrgh kninton N. J.. Getty HAI ftN,INnd D... WRmIN10. ONTO Akron F.m. PLUa r%lWe Tampa As I am sure you are aware, we have been informed by the family of our client, Edgar Dyson, that he died last October. Obviously, we were unaware of Mr. Dyson's death until we tried to schedule his deposition or we would have notified you sooner. I have contacted the Registrar of Wills in Cumberland County and learned that no Estate has been established on behalf of Edgar Dyson. We do have an obituary of an Edgar Dyson's daughter which indicates that she was preceded in death by her father, Edgar Dyson. We are quite confident this is the same Edgar Dyson. I am quite content to take the word of the Dyson family who was very disturbed by the fact that we were trying to contact Mr. Dyson. I will file the Notice of Death with the Prothonotary. For your review is a copy of the obituary of Margaret Dyson, Edgar Dyson's daughter. Since there is no personal representative appointed, I think it is up to you to Petition the court for the appointment of a successor. I have no idea who Edgar Dyson's surviving relatives are. PLAINnFPS Francis J. Lafferty, IV, Esquire October 22, 2004 Page 2 If you have any questions, please do not hesitate to contact me. Very t ours, L5?? CHRISTOPHER M. REESER CMR:jw cc: Phyllis Labarge A REGIONAL DEFENSE LITIGATION tAw FIRM ,(? ??. ?)? ,?T? /'? ? GIN COLEMAN &5 RMR G D M PENN/YLYrV11A HeWehem F ? W ENNEHEY? WLf AMHAul Doykato Eric A P R O F E 5 S 1 O N A L C O R P O R A T 1 O N w .ma hatldemehey.wm D burg Newtown Squam Noniatown 4200 Crums Mill Road, Suite B • Harrisburg, PA 17112 Pittsburgh (717) 651-3500 • Fax (717) 651-9630 P°N NEN ? a R M LII RoxWd Direct Dial: (717) 651-3509 Email: creeser@mdwcg.com Jane Dyson 1952 Chestnut Street Camp Hill, PA 17011 December 8, 2004 RE: Jeannie Shull v. Edgar Dyson CCP (Cumberland County) No. Our File No. 13241-00264.424 Dear Mrs. Dyson: DELA .. w I.ft'. OXto Akron PLORtoA R. WWerO OF 0 Tampa Our law firm was representing Mr. Edgar Dyson in a lawsuit arising out of a traffic accident back in 2000. We have recently learned that Mr. Dyson has passed away. Unfortunately, this lawsuit has dragged on. My information is that an estate for Mr. Dyson was not created with the Register of Wills in Cumberland County. As a result, the attomey for the plaintiff in the lawsuit may attempt to raise an estate for Mr. Dyson for the sole purpose of continuing with the lawsuit. You have the option of creating the estate if you wish by having your own attorney file the appropriate documents at the Courthouse in Carlisle. If you decide not to create an estate, I expect that Jeannie Shull's attorney will proceed with creating the estate so that the lawsuit can proceed against the estate. I would appreciate it if you would give me a call so that we can discuss this matter. Or, if you would like, please refer this letter to your attorney and have your attorney call me to decide how this matter should be handled. I look forward to hearing from you about this situation. Very true CHRISTOPHER M. REESER CMR:jw cc: Francis J. Lafferty, IV, Esquire PLADdTWPS ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address. on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: 1?s2- C4??n? ??'r ?ct? 1"pr \'1fl1? , A. signature x ^ 404[--= Bed by (Printed Name) IT-_ D. Is delivery address different from Item 1? U Ye! If YES, enter delivery address below: 0 No 3. Service Type Wq?;edhled Mail 0 Express Mail 0 Registered gBetum Receipt for Merchandise 0. Insured Mail 0 C.Q.D. 4. Restricted Delivery? (Extra Fee) 13 Yes 2. Article Number 7004 0550 0000 2625 6240 (rlans/er from service 1, PS Form 3811, August 2001. DoRleetiCReturn Receipt - 02595-02 M-1540 EXHIBIT JHN-Ztl-ZUUb hXl IU:Ub AM FAX NO. METTE,. E VANS d:c W oDSIDE a P¢OMGHl1TONAi. O0¢pORamx ATTORNHIT9 AT LAW 9401 NORTB'rRONT IRW ]WHIT P.O. BOX 6060 ]3AT+I.RI9UIIR4PA X7110-0060 MATTHEW E. HAMLIN xxr3 Nn. 29-1086006 TR=F,H0ZM rA8 17171982,6000 17171236.1816 http://www.metta.com January 28, 2005 VIA FACSIMILE NO: 234-9478 Francis I Lafferty, IV, Esquire Metzger Wickersham 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Re: Jeannie R. Shull Y. Edgar L. Dyson Our File No. 12161-1 Dear Frank: DIRLCI'DIAL (717)231-5236 P. 02/02 EMAIL A00RESS mcham[ii]@Mette.com I am in receipt of a copy of your paralegal's transmittal to the Cumberland County Prothonotary seeking to substitute lane Dyson as the Defendant in the above-referenced action. I am personal counsel to Mrs. Dyson. She has no objection to be named in this matter as personal representative of her deceased husband, Edgar L. Dyson. I-Iowever, I do not believe she should be named personally in this litigation, but only in her representative capacity for her husband's estate. . Please contact me as soon as possible to discuss this issue. Thank you for your anticipated cooperation. Sincerely, rlqff' Matthew E. Hamlin MEIVsmr cc: Christopher Reeser, Esquire (via Facsimile No. 651-9630) EU FF'S EXH, 415652vl CERTIFICATE OF SERVICE I, Francis J. Lafferty, IV, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of Motion to Substitute Personal Representative as Defendant with reference to the foregoing action by first class mail, postage 41< prepaid, this day of February, 2005, on the following: Christopher Reeser, Esquire (1st Class Mail) Marshall, Dennehey, Warner, Coleman & Goggin, P.C. 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Attorney for Defendant Edgar Dyson (now deceased) Matthew Hamlin, Esquire (I st Class Mail) Mette, Evans & Woodside 3401 North Front Street Harrisburg, PA 17110 Attorney for Jane Dyson F ancis J. ferty, IV, Esquire r-? ?- ? m ?1 - j ^7 U c . ,, ? {i7 ?' . i-71 i ?} N } C"? 4`. r? _.. ?, u ? 6 JEANNIE R. SHULL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. EDGAR L. DYSON, Defendant CIVIL ACTION - LAW NO. 02-5821 RULE AND NOW, this E day of 1, 2005, a Rule is entered upon Jane Dyson to show cause why she should not be substituted as a defendant in place of Defendant decedent, Edgar Dyson. Rule retumable 240 Prothonotary 292230 S, Z r FEB 0 3 [aU??n 1 JEANNIE R. SHULL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. EDGAR L. DYSON, Defendant CIVIL ACTION - LAW NO. 02-5821 BORDER AND NOW, this if day of fk • , 2005, upon consideration of Plaintiff's Motion to Substitute under Pa. R.C.P. 2352(b), it is hereby ORDERED that Jane Dyson is Personal Representative of the Estate of Edgar Dyson, Deceased, and she is hereby substituted as Defendant for Edgar Dyson in the above matter. It is further ORDERED that this action shall hereafter be captioned as follows: Jeannie R. Shull, Plaintiff V. JANE DYSON, Personal Representative of the Estate of Edgar Dyson, Defendant b e? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5821 ,,-,.. ),i ?, x ,, ??yl ? .. 1' ai, -'? ??+'- r ? , JEANNIE R. SHULL, Plaintiff V. JANE DYSON, Personal Representative of the Estate of Edgar Dyson, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2002-05821 JURY TRIAL DEMANDED PRAECIPE TO WITHDRAWAL TRIAL PRAECIPE On May 12, 2005, Defendant listed this matter for trial for the next trial term with the belief that the next trial term was in September 2005. 2. It has been brought to Defendant's attention that the next trial term is in July 2005. 3. The parties will not be ready for trial in July 2005. 4. Defendant withdrawals its Trial Praecipe filed on May 12, 2005. 5. This matter will be re-listed for trial for the September 2005 trial term. 6. Plaintiffs counsel concurs with Defendant's Praecipe to Withdrawal its Trial Praecipe. Respectfully Submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: May t3 , 2005 BY: CHRISTOPHER M. REESER, ESQUIRE I.D. No. 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3509 r JEANNIE R. SHULL, Plaintiff V. JANE DYSON, Personal Representative of the Estate of Edgar Dyson, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2002-05821 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on May 11?' , 2005, I served a true and correct copy of the foregoing Praecipe to Withdrawal Trial Praecipe via U.S. first-class mail, postage pre-paid, as follows: Francis J. Lafferty, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17108 CHRISTOPHER M. REESER V05_AALIABACM RVLLPGV 85680AKPMV13241A00264 rya 4i _t t t. L`? 1_.? y ?l JEANNIE R. SHULL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 02-5821 EDGAR L. DYSON, Defendant PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above captioned matter settled, discontinued and ended. Date: METZGER, By Frasefs J. LaffertyjPC Esqu. I.D. No. 84009 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff & ERB, P.C. 334984-1 ? N% CERTIFICATE OF SERVICE I, Francis J. Lafferty, IV, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of a Praecipe to Settle, Discontinue and End with reference to the foregoing action by first class mail, postage prepaid, this liday of September, 2008, on the following: Christopher M. Reeser, Esquire Marshall, Dennehey Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Francis J. Laffert/ , Esquire 334984-1 a r "?TJ cn C._?