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Home My WebLink About97-01419 ~ . ~ / / I I , , i i I I i I I I ! IN THE COURT OF COMMON PLEAS OF CUMBERLA!,;D COUNTY DAVIS Vs. NO. 971419CV SILVER SPRING AMBULANCE CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 ROY WEIDNER, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena Is) is attached to this certificate, 3. No objection to the subpoena Is) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 11/6/97 ROY WEIDNER, ESQUIRE 301 MARKET ST POBOX 109 LEMOYNE, PA 17043-0109 717-761-4540 ATTORNEY FOR DEFENDANT INQUIRIBS SHOULD BB ADDRBSSBD TO: MEDICAL LEGAL REPRODUCTIONSr INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3581 By: Felicia Gaines File #: M234002-02 IN THE COURT OF CO~t\fOS PLEAS OF CU~IBERLA~D COl"~n' DAVIS Vs, SILVER SPRING AMBULANCE No. 971419CV TO: MARK HALBRUNER, ESO NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUME:o-.,.S A:o-.1> THI:'<iGS FOR DISCOVERY Pl'RSl"A.\. TO Rl:LE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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. Date: : 10/17/97 ROY WEIDNERr ESQUIRE 301 MARKET ST POBOX 109 LEMOYNE, PA 17043-0109 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3581 By: Felicia Gaines Enc(s): Copy of subpoena(s) Counsel return card File #: M234002 ~ \II ~ -.1. ( ~.. ;~ 1- .. :;~?< UJ(~ - l~; =-.,. (..)(J", ~- (j:r fE" ::< fJ~ 1.j1. ~l';' "'l ~"<t; . :j~~ UJtt.: :::iili _JL,; :::.. CL .. T c.: (0 u.. f." -. ~" - ~- u.. r- :.:J 0 0" U ~. ,. CERTIFICA TE OF SERVICE AND NOW. this~~lday of April, 1997, the undBrslgned does hereby cBrtlfy thBt ShB did SBrve B copy of thB foregoing appBarBnce upon the other parties 01 record by cBusing SBmB to bB dapositBd In the United StatBs MBiI, first class poStBgB prepBid, at Lamoyne, PBnnsylvaniB, addressed BS follows: Mark E. Halbruner, Esquire GatBs & Associates. P.C. 1013 MummB Road, Suite 100 Lemoyne, PA 17043 JOHNSON, DUFFIE, STEWART & WEIDNER BW1cuUJ Sharon L. Rud >- "I ~:: (~ ~ i? .-: ,:", '} ...' uJt.., '~ '., u~": -' ;;~'~ r(. I...:..' ,~.. ..-' l).. ..;....:1 01- , ':." . C\ : l......~ 0' ('J 1 ~ :.~ "\-- ";-' i:i:;" c'- ',\te r:.:: (.\. .-;.::;. ;,.!:. \.L. r- 3 0 0' "- ,. CERTIFICA TE OF SERVICE AND NOW, this (j-l day of May, 1997, the undersignBd dOBS hBreby cBrtlfy that she did sarve a copy of the foregoing answar upon the other partiBs of record by causing same to be dBposited in thB United States MBII, first class postage prBpaid, Bt LBmoyne, PannsylvaniB, BddressBd BS follows: Mark E. HalbrunBr, Esquire Gates & Associates, P.C. 1013 Mumma ROBd, Suite 100 Lemoyne, PA 17043 . <,~ JOHNSON, DUFFIE, STEWART & WEIDNER By~":,,iYL' (j) ~J,LiJit Sharon L. Ru >- <', '- c: c:: (- .:; , l"~ ~ (..~ t:~ ::; lJ'" ff'-' "- l')~~ J.:j. C:.. ("!~:j ~t~~ ,... ':,J ~,"j n ':~l ;.: u.,t:.- I -' >- ,.~~ ;;:. ~tl. ~ '~J I tl 1'-' :"oE ',;Il~ -- II- r- ::) U er- U . . ~ C"l .,.. tr. I:::: i? ."- wQ N '::~l~ <.) t~ .J;? ~- ~.J~.J E~ a.. -~ ..". Oc :'~ @[ ',i"(I) N ..1/': B::~ >- '~6:i '.1111 ... "" :Do.. .... - - ..".: , u. ,.... ::l , 0 en u PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typawrllten and submlllad In duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Pleasa IIsttha following casa: (Chack Dna) ( X for JURY trial at tha next term of civil court, for trial wllhoul a jury. . ..----.-...............--......-..-....-..........-.-..........--..........................----.-..-... CAPTION OF CASE (antlrB caption must be stated In full) (check one) Assumpsll OIARLES W. DAVIS, Trespass ( X) Trespass (Motor Vehlcla) ( ) (other) (Plaintiff) vs. SILVER SPRIN:> AMBULANCE Ii RESCUE, a Pennsylvania nonprofit corporation, and BRANIJC:N DAVID MI'J"OIEM The trial list will be called on Decenber 30. 1997 and Trials commence on Februarv 2, 1998 Pretrials will be held on January 7, 1998 (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel. pursuant to local Rule 214.1.) (Defendant) vs. No. 97-141~ Civil 19__ Indicate the allorney who willlry case for the party who Illes this praecipe: C. !bv Weidner, Jr. Indicate trial counsel for other parties If known: Mark E. Halbruner. EsauUeL Gates Ii Associates, P.C., 1013 Munma !bad, Suite 100,' LeIroyne, PA 17043 This case Is ready for trial. Slg~_-:-- c .~ Print Name: C. Rov Weidner. Jr.' Allorney for: ~fend6!lts Date: Decari:Jer ~997 c;: C;) .;J L' r'~ n I , \5."\ !~ .' - , l~: ^' ,.- c' ;:.J r ,...1 Ci Lo.;' ('.; C::\ , ,j c: i L.. , ~4 , , r-- C c;~ 0 j;) ~ ?F. al '- ~ ('} t.. ~~. ~ .~ ~ .. ''5 ~~; - , )"f. ~ ~ 1, ;.. -- O~: R to, -". P-T Cl. C1~ ~t:l .0 0'. ~,... (f) ~ ~ ~ ~ u: ...."" 1.1. - -.j ..- rum ~ 1I) '" :il[B ..~ ~ ::ii: .- A ..::::r- ..~ ~ r- :::> 0'. .1.) ~(~> ~ ~ .o.@) ~ ~~ ~ ~~ .a ~~ 51 a~" .. ~., {;gg ~ ~e . ~ ~n i -t . J " h~ ;il ~ ~ 8 lX, ~~] ~.~ 8" ; in~ ltllll 8~ I .. (I) ~ ; "' u ~ 0 ii: (I) ~~ j~ (I) 5 ~ . .. . ~ ~, ~ ;s ! i a! ul ~ ~ !if ~ ~ ~ ~ g . CHARLBS W. DAVIS, Plaintiff, IN THB COURT OF COMMON PLEAS I CUMBBRLAND COUNTY, PENNSYLVANIA I vs. CIVIL ACTION . LAW SILVER SPRING AMBULANCE & RBSCUB, a Pennsylvania nonprofit corporation, and BRANDON DAVID MITCHEM, Defendants. : DOCKBT NO. q1- 1'/1 '1 CWt.I -r..u- : : I JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Charles w. Davis (hereinafter "Plaintiff"), by and through his attorneys, Gates & Associates, P.C., and makes the following complaint: 1. Plaintiff is an adult male now residing at 3450 Valley Road, Marysville, Pennsylvania 17053. 2. Defendant Silver Spring Ambulance & Rescue is a Pennsylvania nonprofit corporation with its registered address at 13 Eleanor Road, New Kingstown, Pennsylvania 17072. 3. Defendant Brandon David Mitchem is an adult male now residing at 710 South Broad Street, Mechanicsburg, Pennsylvania 17055. 4. At all times relevant hereto, Mitchem was an employee of Silver Spring Ambulance & Rescue. 5. On October 7, 1995, at approximately 8:02 p.m., Mitch~n was driVing a 1995 Ford ambulance owned by Silver Spring Ambulance & Rescue northbound on SR 0011 (Carlisle Pike) in Silver Spring Township, Cumberland County, PennSYlvania. 6. At the same time, Plaintiff was driving his 1992 Dodge Ram pick-up truck westbound on SR 0114 (Hogestown Road) in Silver Spring Township, Cumberland County, Pennsylvania. 7. The intersection of SR 0011 and SR 0114 is controlled by traffic signals. 8. As Plaintiff approached the intersection of SR 0011 and SR 0114, he was faced with a steady green traffic signal. 9. As Mitchem approached the intersection of SR 0011 and SR 0114, he was faced with a steady red traffic signal. 10. Mitchem proceeded through the red traffic signal into the intersection. 11. Plaintiff's view of traffic approaching the intersection from the northbound lanes of SR 0011 was blocked by school buses in the left turn lane of westbound SR 0114. 12. Plaintiff proceeded through the green traffic signal into the intersection unaware that Mitchem had entered the intersection. 13. When Plaintiff saw the ambulance driven by Mitchem, he applied his vehicle's brakes and turned his vehicle to the right. 14. Plaintiff was unable to avoid the ambulance, and his vehicle collided with the side of the ambulance. COUNT I NEGLIGENCE BY MITCHEM 15. paragraphs 1 through 14 of this Complaint are hereby incorporated by reference. 2 16. At the time of the cOllision, Plaintiff was lawfully operating hls vehicle. 17. The collision was caused by the negligent act of Mitchem in that he failed to yield to crossing traffic which had the right- of-way. 18. As a direct and proximate result of Mitchem's negligence, Plaintiff was violently knocked, thrown and jostled about, whereby he sustained severe and multiple injuries. 19. As a direct and proximate result of Mitchem's negligence, Plaintiff continues to experience physical pain and distress which prevent him from enjoying his accustomed activities. WHEREFORE, plaintiff respectfully demands judgment against Mitchem for damages in an amount exceeding the threshold for compulsory arbitration under local rules, together with such other relief as the Court deems appropriate. COUNT II VICARIOUS LIABILITY AGAINST SILVER SPRING AMBULANCE & RESCUE 20. Paragraphs 1 through 19 of this Complaint are hereby incorporated by reference. 21. At all times relevant hereto, Mitchem was acting within the scope of his employment with Silver Spring Ambulance & Rescue and was sUbject to the control of Silver Spring Ambulance & Rescue. 22. Under the doctrine of respondeat superior, Silver Spring Ambulance & Rescue is vicariously liable for the damages caused by Mitchem's negligence as more particularly described hereinabove. 3 WHEREFORE, Plaintiff respectfully demands jUdgment against Silver Spring Ambulance & Rescue for damages in an amount exceeding the threshold for compulsory arbitration under local rules, together with such other relief as the COurt deems appropriate. COUNT III NEGLIGENT ENTRUSTMENT OF VEHICLE BY SILVER SPRING AMBULANCE & RESCUE 23. Paragraphs 1 through 22 of this COmplaint are hereby incorporated by reference. 24. It is believed and therefore averred that Mitchem was an unskilled and reckless driver likely to cause injury to others through his operation of the ambulance. 25. Silver Spring Ambulance & Rescue negligently entrusted the ambulance to Mitchem in that Silver Spring Ambulance & Rescue knew or had reason to know that Mitchem was an unskilled and reckless driver likely to cause injury to others through his operation of the ambulance. 26. The collision complained of herein was a direct and proximate result of Silver Spring Ambulance & Rescue's negligent entrustment of the ambulance. 27. As a direct and proximate result of Silver Spring Ambulance & Rescue's negligence, Plaintiff was violently knocked, thrown and jostled about, whereby he sustained severe and mUltiple injuries. 28. As a direct and proximate result of Silver Spring Ambulance & Rescue's negligence, Plaintiff continues to experience 4