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HomeMy WebLinkAbout97-03613 ~ l::.t- o ~ - ~ ~ ~ , ~ ( o '-J ~ \. u E ......... ~ '" \ \ J .f /'/ / ~ ~ - - .:) C..J I'() -- -...) : ") I, ~. ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WANDA M. PALMER, NO. Plaintiff v. CIVIL ACTION - LAW DEPARTMENT OF CORRECTIONS OF THE COMMONWEALTH OF PENNSYLVANIA, Defendant JURY TRIAL DEMANDED A VISO USTED HA smo DEMAND ADO EN LA CORTE. Si uSled desea defenderse de las quejas expuestas en las paginas siguienles, debe lomar acci6n denlro de veinle (20) dras a partir de la fecha en que recibi6 la demanda y el aviso. Usled debe presentar comparecencia escrita en persona 0 por abogado y presentar en la Corte por escrilo sus defensas 0 sus objeciones a las demandas en su contra. Se Ie avisa que si no se defiende, el caso puede pro~cder sin usled y la Corte puede decidir eo su contra sin mas aviso 0 nOlificaci6n por cualquier dinero reclamado en la demanda o por cualquier otra queja 0 compensaci6n reclamados por el Demandante. USTED PUEDE PERDER D1NERO, 0 PROPRIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE FSTA DEMANDA A UN ABOGADO INMEDlATAMENTE. SI USTED NO TIENE 0 NO CONOCE UN ABOGADO, V A Y A 0 LLAME A LA OFICINA EN LA D1RECCION FSCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Court Administrator Cumberland Counly Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 (717) 240.6200 ...... ..:..\~~~.~~. ", ",I '."..1...........,..... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WANDA M. PALMER, Plaintiff NO. 97-Stt- J,~ I 3 C(~.~,.i' 0__ v. CIVIL ACTION - LAW DEPARTMENT OF CORRECTIONS OF THE COMMONWEALTH OF PENNSYLVANIA, Defendant JURY TRIAL DEMANDED COMPLAINT 1. The Plaintiff, Wanda M. Palmer, is an adult individual residing at 660 West King Street, York, York County, Pennsylvania 17404. 2. The Defendant is a Commonwealth agency with its principle offices located at the Pennsylvania Department of Corrections, 2520 Lisbum Road, Camp Hill, Pennsylvania 17001. 3. The Defendant is the Commonwealth agency responsible for operating and maintaining the Huntingdon State Prison located at 1100 Pike Street, Huntingdon, Pennsylvania 16654. 4. On June 9, 1996, the Plaintiff was present at the Huntingdon State Prison at approximately 11:30 a.m., in order to visit her son who is an inmate at the prison. 5. At thai same time and place, the Plaintiff sat on a picnic bench. 6. The wooden part of the bench was not attached to the remaining part of the bench, II... .v.:.'\~~~'..'_,~' ", ",I .,.."...".."....'. I , and it tipped causing the Plaintiff to fall to the ground resulting in injuries and damages to the Plaintiff as more fully set forth herein. 13. As a result of the negligence of the Defendant, Plaintiff has suffered, or may suffer, a severe loss of her carnings and impairment of her carning capacity. This loss of income and impairment of carning capacity will, or may, continue in the fUlure. 14. As a result of lhe negligence of the Defendaol, Plainliff has undergone, aod in the future may undergo, great mental and physical pain and sufferiog, mental anguish and humiliation, loss of life's pleasures, and a severe Iimitalion in her pursuit of daily activities, all to her great loss and detriment. 15. This mailer is alleged to exceed the applicable limits of arbitration, and ajury trial is hereby demanded. WHEREFORE, Plaintiff respectfully requests This Honorable Court to enter judgmenl against the Defendant in an amount in excess of the mandatory arbitralioo limits. RESPECTFULLY SUBMITIED: LAW OFFICES OF DALE E. ANSTINE, P.C. / / aiegory E. Martin, Esquire AUomey I.D. #38894 Two West Market Street P.O. Box 952 York, PA 17405 (717) 846 - 0606 ..... I...".,.....'.,. UALM Yo. .\,""'TI.nr:. ", (:. 4 VERIFICATION I HEREBY VERIFY that the information set forth in the foregoing ComplaInt is true and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. (,' (')' , I J', C' .......-. " _ I. Wanda M. Palmer ?-, :'). -;-~L~ Date: I. "1 (/"'1 ,t 1, I bAL. E. .h"TI~..I'.I:. r~.. I.....".... ,,~'. (, ,', , , 1 1 ,. I' r - , (i' I.) ,-l ".., r-' , I~ ,\J ,-.) l \", ~ ,....J'- I h j, .. ~ '--.1 "'-l "- "0 \e) r'\" ~ ". 0... ......, (\'< - , '1, ~ (:::)(...,....., '::"'- l'"' '0 ~ \3 , .- '" ,,' ... . ., II: . 0 " g ~ \I: " , . . 0 . . ... . . VI Eo . . ;: . '" " 0 0 u :r. < . ~ . ~ . " ~ I 0 ~ \I: < u > .0 0 I " " < ~ . , . . ~ . 0 7- ;: < , " . .!' ~ ~ ~ " - ;: 0 0 , ,; ~ II: . ~ ~ :8 ~ .... ... ro YOY I,. hereby notified to plud to Uti - - _I1Olcllr'lot__..o_ ~..., be _ ogolno._ TORTS L1nGATION UNIT OFFICE OF ATTORNEY GENERAL 1S-Fl 8trewberry Square Harrllburg. PA 17120 I CertIfy ~ Ie I !nil end comet CClp'(. Iy. ~:~' WANDA M. PALMER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL ACTION - LA W DEPARTMENT OF CORRECTIONS OF : JURY TRIAL DEMANDED THE COMMONWEALTH OF PENNSYLVANIA, Defendant : NO, 97-3613 ENTRY OF APPEARANCE Please enter my appearance on behalfofthe Defendant, Department of Correct ions of the Commonwealth of Pennsylvania, in the above-captioned action, Respectfully submitted, D. MICHAEL FISHER Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, P A 17120 717.783-1683 DATED: JULY 17, 1997 ~ <%1 -- C";. S: LU2 " 'j - i~~ R(,,5 T- . "7 "'-?-- u;;: u_ _ u.. 1.-:z::>> 9(~ :5~ sri <X. 'L . Z tt~~.: . ~'fj~ ..... ::; (t) 1- -. "" b r- :'5 C'l U -- --.:::- .---- .--.- ~~ ~~ In The Court of Common Pleas of Cumberland County, Pennsylvania . . Wanda M. Palmer \'s. Office of The Attorney General No. 97-3613 Civil Term 19_ Now, July 3. Dauphin 1997 19_. I SHERIFF OF' CUl\IBERLA:"iD COUNT\', I'A do hmb~' deputize the Sberiffof Coun~' 10 exeeule this Writ, this deputalion being made atlhe request and risk of Ibe Plaintiff. ~/~~ Sheriff of Cumberland Counl)'.l'a. Affidavit of Service Now, within 19 o'c1oek ~I. served the . at upon at by banding to anesled copy of the original tbe contenls thereof. a true and and made known to 51) answers. Sheriff of Counl). Pa. COSTS "l\\fHn :lnd Hlh,crihetlln.fore SLIl\'lU: S '111.E.\c;F____ AfTIIl\ \ II me Ihl' (b~ lIr I'J --.-----.--------.---- --- .-. , if 1.1 II f! , l: a :, ~zjo , ... N : Z c:I .. , at ~ i ~Ii~ ! 5~Jf ~O&: lI:ri:' . OlE" "'0 :n . " II i P i II .' g 151 f :i ~HfI ~' 7, Denied. After reasonable investigation, the Commonwealth Defendant is without sufficient knowledge or infonnation 10 fonn a beliefas to the truth of these avennenls. 8. The allegations set forth in this paragraph ofPlaintirrs Complainl constitute conclusions of law 10 which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. To the extent that portions of this paragraph could be construed as factual allegalions, said allegations arc specifically denied in that after reasonable investigation, the Commonwealth Defendant is without sufficient knowledge or infonnation to fonn a belief as to the truth of these allegations. 9. The allegations set forth in this paragraph of Plaintirrs Complaint constitute conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. To the extent that portions of this paragraph could be construed as factual allegations, said allegations arc specifically denied in that after reasonable investigation, the Commonwealth Defendant is without sufficient knowledge or infonnation to fonn a belief as to the trulh of these allegations. Furthennore, it is specifically denied that any alleged damages, injuries and/or losses were caused by any negligence or carelessness on the part of the Commonwealth Defendant and/or any of its agents, servanls, workmen and/or employees, lOla-i), Denied. It is specifically denied that the Commonwealth Defendants, its agents and employees were negligent in any manner with respect to Plaintiffs' cause of action, The remaining allegations of these paragraphs arc denied in accordance with Rule 1029(e) of the Pennsylvania Rules of Civil Procedure, Pa,R.C.P. I029(e). 11. Denied. It is specifically denied that the Commonwealth Defendant, its agents and employees was negligent in any manner with respect to Plaintirrs eause of action. The 2 remaining allegations of this paragraph are denied in that after reasonable investigation, the Commonwealth Defendanl is without sufficient knowledge or infonnation to fonn a belief as to the truth of these avennents, 12-14. Denied. It is specifically denied that the Commonwealth Defendant, its agents and employees was negligent in any manner with respect to Plaintiffs cause of action. The remaining allegations of this paragraph are denied in that after reasonable investigation, the Commonwealth Defendant is without sufficient knowledge or infonnation to fonn a belief as to the truth of these avennents. IS. Admitted. WHEREFORE, Department of Corrections of the Commonwealth of Pennsylvania, respectfully requests that judgment be entered in its favor and against all other parties. NEW MA TTER 16. The Commonwealth Defendant incorporates herein by reference its answers to paragraphs 1 through 15 of Plaintiffs Complaint as though fully set forth herein at length, 17. The present action is controlled by the provisions of 1 Pa. C.S. 92310 and Act No. 1980-142, set forth in 42 Pa. C,S. 998501, et seq., which Acts are incorporated herein and pled by reference. The Commonwealth Defendant asserts all the defenses contained therein. 18. Liability on the part of the Commonwealth Defendant is specifically denied. 19. Plaintiffs injuries and all derivative damages are not the result of any negligent act of the Department of Transportation of the Commonwealth of Pennsylvania or any employee of said Commonwealth party as the tenn "negligent act" is defined by 42 Pa.C.S. 98522(a). 20, The Commonwealth Defendant did not have notice, written or otherwise, of the 3 allegedly dangerous condition, or in the altemative, ifsaid notice was received, it was nol receivcd in sufficient lime prior to the alleged accident for the Commnnwealth Defendant to have corrected or to have wamed the travcling public of the allegedly dangerous condition. 21. There is no cause of action based upon a failure to inspect or improper inspection in that sovereign immunily has not been waived for such claims. 22. The Commonwealth party is immune from suit pursuant to I Pa. C.S. g231 0, and this action is not within any of the exceptions to immunity as set forth in 42 Pa. C.S. g8522, and therefore this action is barred. 23. The location of the alleged accident is not under the jurisdiction or control of the Commonwealth Defendant, and as such, the Commonwealth is not responsible for said picnic bench. 24. The Commonwealth Defendant maintains that it cannot be sued for discretionary functions, and therefore these causes of action arc barred. 25. The Commonwealth Defendant had no duty with respect to the Plaintiff. 26. Should liability be found on the part of the Commonwealth Defendant, the amounts and types of damages recoverable in the present action arc limited and controlled by 42 Pa. C.S. g8528. 27. The Judicial Code at 42 Pa. C.S. g5522(a), which section is incorporated herein and pled by reference, provides that the Commonwealth and the Attomey General must have received written notice of intent to sue within six (6) months from the date the cause of action accrues, In the absence of such noticc, this action is barred. 28. If the accident occurred as alleged, then the condition complained of did not cause 4 the accident or the injuries complained of. 29. The Commonwealth Defendant avers that ifnegligence is found to exist on its part, said negligence was not the proximate cause of Plaintiffs injuries. 30. [fthe accident occurred as alleged, then the condition complained of did not create a reasonably foreseeable risk of the accident or the injuries complained of. 31. The Plaintiffwas contributorily negligent and/or failed to mitigate the claimed damages, thereby limiting and/or barring any recovery. 32. The causal negligence of the Plaintiff is greater than any negligence on the part of the Commonwealth Defendant, and Plaintiffs recovery is therefore barred, or, in the altemative, must be diminished in accordance with the Pennsylvania Comparative Negligence Act. WHEREFORE, Departmenl of Corrections of the Commonwealth of Pennsylvania, respectfully requests that judgment be entered in its favor and against all other parties. Respectfully submitted, D. M[CHAEL F[SHER Attomey General By ~~m ~HN M. POP OCK Deputy Attomey General ID #72671 Torts Litigation Section [ 5th Floor, Strawberry Square Harrisburg, PA 17120 7[7-783-1683 DATED: JULY 29, [997 5 WANDA M. PALMER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plainti IT v. : CIVIL ACT/ON - LAW DEPARTMENT OF CORRECTIONS OF : JURY TRIAL DEMANDED THE COMMONWEALTH OF PENNSYLVANIA, Defendant : NO. 97-3613 CERTIFlCA TE OF SERVICE I hereby certify that I am this day serving the foregoing docurnent(s) upon the person(s) and in the manner indicated below: SERVICE BY FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: GREGORY E. MARTIN, ESQUIRE DALE E. ANSTINE LAW OFFICES TWO WEST MARKET STREET P.O. BOX 952 YORK, PA 17405 (Attorney for PlaintifO Torts Litigation Section 15'h Floor, Strawberry Square Harrisburg, P A 17120 717-783-1683 DATED: JULY 29,1997 ,>. "" '>- ~r; I~.: " . ,;" u.:' ~: ..:1 ( '" , , , . , t~ .' Coo, " C)!~ " I' .:1 ('" . l.; c. L.~ 1 " : . " ~ , .. " " r- " e, ,,.. , ) L WANDA M. PALMER Plaintiff :IN TIlE COURT OF COMMON PLEAS :CUMBERLAND CO, PENNSYLVANIA :CIVIL ACTION - LAW :NO: 97-3613 v DEPARTMENT OF CORRECTIONS OF THE: COMMONWEALTII OF PENNSYLVANIA Defendant : JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER 16. Paragraph 16 is an incorporation paragraph, and therefore, no responsive pleading is required, 17. - 32. Denied. The allegations contained in Paragraphs 17 through 32 are conclusions of law to which the Pennslyvania Rules of Civil Procedure require no responsive pleading, are therefore denied, and strict proof thereof is demanded at trial, if relevant. WHEREFORE, Plaintiff, Wanda M. Palmer, respectfully requests this Honorable Court to enter jUdgment against the Defendant with interest and costs as allowed by law. Respectfully submitted, "'L._';;':"~~:~',~:~, 0' f:, II ,,,.......,,,,......,, I LA W OFFICES OF DALE E. ANSTINE, P.C. ~~ BY..hegory E. Martin, Esquire 1.0. No.: 38894 Two West Market Street P.O. Bo)( 952 York, Pennsylvania 17405 (717) 846-0606 '. CERTIFICATE OF SERVICE AND NOW, this 4 day of AUSl..lsl ,1997, I, Gregory E. Martin, Esquire, a member of the Law Offices of Dalc E. Anstine, P.C., hercby certify that I have, this date, scrved a copy of thc within and forcgoing Plaintiff's Reply to New Matter by first class United Statcs Mail, postagc, pre-paid, addrcsscd to thc party or attorney of record as follows: John M. Popilock Office of Attorney Gencral 15th Floor, Strawberry Square Harrisburg PA 17120 Respectfully submitted, LAW OFFICES OF DALE E. ANSTINE, P.C. BY'Y:':':~""" ..,,;re 1.0. No.: 38894 Two West Market Street P.O. Box 952 York, Pennsylvania 17405 (717) 846-0606 2 '.. '1I , , '" ", , It, , , Ii. I , -. I ,-.. U t.;"' '.J . ~ . c. ., 0 . . ~ :ll u u . ~ . . c . . ~ . 0 . 0 ... . z . . Eo . 0 ~ 0 u . u , u t . u . ~ , u .. . ~ , " ~ . " z 0 ~ . . z ;: . 0 " , ~ u ;; :l. < . ~ :.:l 0 .. 0 . . ~ :.: . ~ ..l ~ A ... WANDA M. PALMER, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. : CIVIL ACTION - LAW DEPARTMENT OF CORRECTIONS OF THE COMMONWEALTH OF PENNSYLVANIA, Dcfcndant : JURY TRIAL DEMANDED : NO. 97-3613 CERTIFICATE PREREOUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prercquisite to scrvice of a subpocna for documents and things pursuant to Rule 4009.22, Defendant ccrti fies that: (1) A Notice ofIntcnt to serve the subpoena with a copy of the subpoena attached thercto was mailed or delivered to cach party at least twenty days prior to the date on which the subpoena is sought to be served; (2) A copy of thc Noticc ofIntcnt, including the proposed subpoena, is attachcd to this ccrtificatc; (3) No objection to the subpoena has bccn rcceived; and (4) The subpocna which will be servcd is identical to thc subpoena which is attached to the Notice of Intcnt to serve the subpocna. D. MICHAEL FISHER Datc: J D - 2.H-Q7 ~1V1}~'" !~ J n M. Popilock Dcputy Attorney Gcncral Attorncy for Commonwealth Party WANDA M. PALMER, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. : CIVIL ACTION - LA \V DEPARTMENT OF CORRECTIONS OF THE COMMONWEALTH OF PENNSYLVANIA, Defendant : JURY TRIAL DEMANDED : NO. 97-3613 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RUl.E 4409.21 Commonwealth of Pennsylvania, Department of Transportation, Defendant intends to serve a subpoena identical to the one that is attached to this noticc. You have twenty (20) days from the date listed below in which to file of rccord and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpocna may be scrved. Date: !O'-(b' q7 I . eLl (}rtt. J n M. Popilock Deputy Attorney General Attorncy for the Commonwealth Dcfcndant . WANDA M. PALMER, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYL VANIA v. : CIVIL ACTION - LAW DEPARTMENT OF CORRECTIONS OF THE COMMONWEALTH OF PENNSYLVANIA, Defcndant : JURY TRIAL DEMANDED : NO. 97-3613 CERTIFICATE PREREOUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to servicc of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifics that: (I) A Notice ofIntcnt to scrve the subpoena with a copy of the subpoena attachcd thereto was mailed or dclivcrcd to each party at least twenty days prior to the date on which the subpoena is sought to be scrvcd; (2) A copy ofthc Noticc ofIntcnt, including the proposed subpoena, is attached to this certi ficatc; (3) No objection to the subpocna has been rcccivcd; and (4) The subpoena which will be scrved is identical to the subpocna which is attached to thc Noticc of Intent to scrvc the subpocna. Datc: JD-1J-9-97 , D. MICHAEL FISHER (J!~/!J;ocf'f'14e0!~ Dcputy Attorney Gencral Attorncy for Commonwealth Party WANDA M. PALMER, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. : CIVIL ACTION - LAW DEPARTMENT OF CORRECTIONS OF THE COMMONWEALTH OF PENNSYLVANIA, Defcndant : JURY TRIAL DEMANDED : NO. 97.3613 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4409.21 Commonwealth of Pennsylvania, Department of Transportation, Defendant 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 objeetion to the subpoena. If no objection is madc, thc subpoena may be scrved. Date: /0"'- (6 ~ cq l!!:?!./~~ eputy Attorney General Attorney for the Commonwealth Defcndant , r , , ,{ WANDA M. PALMER, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. : CIVIL ACT/ON - LAW DEPARTMENT OF CORRECTIONS OF THE COMMONWEALTH OF PENNSYL VANIA, Defendant : JURY TRIAL DEMANDED : NO. 97-3613 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Brotherly Aid. P.O. Box 10367. Lancaster. PA 17605-0367 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Anv and all information in vour possession rei:ardinq an auto accident on 8-13-95 involvini: your insured. Jori:e Gonzales. 491 Walbash Rd.. Ephrata. PA 17522. D.G.B. 4-5-14 and Wanda Palmer. includini: but not limited to notes. photos. releases. statements. and correspondence, at the Officc of Attorney General, 15th Floor, Strawberry Square, Harrisburg, PA 17120. 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 requircd by this subpoena within twenty (20) days aftcr its service, the party serving this subpoena may seek a court order compclling you comply with it. .. WANDA M. PALMER, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. : CIVIL ACTION - LAW DEPARTMENT OF CORRECTIONS OF THE COMMONWEALTH OF PENNSYLVANIA, Defendant : JURY TRIAL DEMANDED : NO. 97-3613 CERTIFICATE PREREOIJISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prercquisite to service of a subpoena for documcnts and things pursuant to Rule 4009.22, Dcfcndant certifics that: (I) A Notice of Intcnt to scrve the subpoena with a copy of the subpoena attached thcrcto was mailed or dclivcred to each party at least twcnty days prier to the datc on which thc subpocna is sought to be scrved; (2) A copy of the Noticc ofIntcnt, including the proposcd subpoena, is attachcd to this ccrtificate; (3) No objcction to the subpoena has bccn received; and (4) The subpocna which will be served is idcntical to the subpocna which is attachcd to thc Noticc of Intcnt to servc thc subpoena. D. MICHAEL FISHER Date:_ /O-ZQ-Q1 J n M. Popilock Deputy Attorney General Attorncy for Commonwcalth Party ! , WANDA M. PALMER, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. : CIVIL ACTION - LAW DEPARTMENT OF CORRECTIONS OF THE COMMONWEALTH OF PENNSYLVANIA, Defendant : JURY TRIAL DEMANDED : NO. 97-3613 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Michael B. Furman. M.D.. M.S.. Medical Director. The Center for Spine and Sports Rehabilitation. 290 I Pleasant Valley Road At York Galleria. York. PA 17402 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 information in your posscssion re!:ardinl: Wanda Palmer. 660 W, Kin!: Street. York. PA 17404. D,O.B. 3-1-47. includinl: but not limited to notcs. summaries. histories. bills. and memos. at the Office of Attorney Gcneral, 15th Floor, Strawberry Square, Harrisburg, PA 17120. You may delivcr or maillegiblc 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 docurncnts or things rcquired by this subpoena within twcnty (20) days after its scrvice, thc party scrving this subpoena may seek a court order compelling you comply with it. This subpoena was issued at the request of the following person: John M. Popilock, Esquire Office of Attorney General Torts Litigation Section 15th FI., Strawberry Sq. Harrisburg, P A 17120 Dated: BY THE COURT: _(){l~( F)-P1) 1W'f V; -'/~ r:->r7IDr('m..l' " _ Ctr V' Prothonotary ~U{\ l.D.u.rrlq)ry92, WANDA M. PALMER, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. : CIVIL ACTION - LAW DEPARTMENT OF CORRECTIONS OF THE COMMONWEALTH OF PENNSYLVANIA, Defendant : JURY TRIAL DEMANDED : NO. 97-3613 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4409.21 Comrnonwea1th ofPcnnsylvania, Department of Transportation, Defendant intends to serve a subpoena identical to thc 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 objcction is rnadc, the subpocna may be served. Date: I D ,{ {)-q1 ~ln. jJ~<4{1t1L n M. Popilock Dcputy Attorney General Attorncy for the Commonwealth Defendant WANDA M. PALMER, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. : CIVIL ACTION - LAW DEPARTMENT OF CORRECTIONS OF TilE COMMONWEALTH OF PENNSYLVANIA, Defendant : JURY TRIAL DEMANDED : NO. 97-3613 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Jannis VanArsdale. CRPN. 132 S, Geor~e Strcet. York. PA 17401 Within twenty (20) days aftcr service of this subpoena, you are ordcred by the court to producc the following documents or things: Any and all information in your possession rel!ardini: Wanda Palmer. 660 W, Kin\: Street. York. PA 17404. D.O,B. 3-1-47. includini: but not limited to notes. surnmarics. histories. bills. and memos. at thc Office of Attorney General, 15th Floor, Strawberry Square, Harrisburg, PA 17120. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, togethcr 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 producc the documents or things required by this subpoena within twenty (20) days after its scrvice, the party serving this subpoena may seek a court order compelling you comply with it. This subpoena was issued at the request of the following person: John M. Popilock, Esquire Office of Attorney General Torts Litigation Section 15111 Fl., Strawbcrry Sq. Harrisburg, P A 17120 Dated: BY THE COURT: O{l~ \ ~-\h ,19=11 Zi111J(01CU"-O k'dJur rothonotary It.}R.U 0k4(lno,o I~ " - > WANDA M. PALMER, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. : CIVIL ACTION - LAW DEPARTMENT OF CORRECTIONS OF THE COMMONWEALTH OF PENNSYLVANIA, Defcndant : JURY TRIAL DEMANDED : NO. 97-3613 NOTICE TO: RECORDS CUSTODIAN, JANNIS VANARSDALE, CRPN, 132 S. GEORGE STREET, YORK, PA 17401 You are required to complete the following Certificate of Compliance when producing documents or things to the Subpoena. " CERTIFICATE OF COMPI.IANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009,23 I, ,ccrtify to the best of my knowledge, information and belief that all documents or things rcquircd to be produced pursuant to the subpoena issued have been produced. Dated: Records Custodian Jannis VanArsdale, CRPN WANDA M. PALMER, Plainti ff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. : CIVIL ACTION - LAW DEPARTMENT OF CORRECTIONS OF THE COMMONWEALTH OF PENNSYLVANIA, Defendant : JURY TRIAL DEMANDED : NO. 97-3613 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4409,21 Commonwealth of Pennsylvania, Department of Transportation, Defendant 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. ~~ Date: ~w-il Z (198 Steven C. Gould Deputy Attorney General Attorney for the Commonwealth Defendant "- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Wanda M. Palmer, Plaintiff v. File No. 97-3613 Department of Corrections of the Commonwealth of Pennsylvania Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: David L. Hawk, M.D., 117 Hi~hland Avenue, York, PA 17403 (Name 01 Person or Enlity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Your complete file for Wanda Palmer, 660 W. Kin~ Street, York PA 17404; DOB 3-1-47; ssO 172-40-7985, inclQdin~ but not limited to notes, x-rays, evaluations and office charts. at the Office of Attorney General, 15th Floor, Strawberry SQuare, Harrisbur2. PA 17120 (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 Steven C. Gould, Deputy Attorney General Office of Attorney General, t5th Fl., Address: Strawberry Square, Harrisburg, PA 17120 Telephone: (717) 783-1683 Supreme Court 10 # 80156 Attorney For: Commonwealth of Pennsylvania Date: 7lltAe t.- 3d, /9e; r Seal of the Court eputy "i 'to.... COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Wanda :1. Palmer, Plaintiff v. File No. 97-3613 Department of Corrections of the Commonwealth of Penns)'lvania Defendant SUBPOENA TO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: David L. Hawk, M.D., 117 HiRhland Avenue. York, PA 17403 (Name 01 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: Your cpmple~e file for Wanda Palmer, 660 W. KinR Street. York PA 17404; DOB 3-1-47; 55' 172-40-7985. includinR but not limited to notes, x-rays, evaluations and office charts. at the Office of Attorney General, 15th Floor, Strawberry Square. Harrisbur2. PA 17120 (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 Steven C. Gould, Deputy Attorney General Office of Attorney General, 15th Fl., Address: Strawberry Square, Harrisburg, PA 17120 Telephone: (717) 783-1683 Supreme CourtlD # 80156 Attorney For: COllDllonwealth of Pennsylvania Date: 71tu.et- 30. 199 r Seal of the Court WANDA M. PALMER, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYL VANIA v. : CIVIL ACTION - LAW DEPARTMENT OF CORRECTIONS OF THE COMMONWEALTH OF PENNSYLVANIA, Defendant : JURY TRIAL DEMANDED : NO. 97-3613 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4409,21 Commonwealth of Pennsylvania, Department of Transportation, Defendant 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. Date~'n{z1'11199tf f t'.f '! .JI!;1k It ~/JX( _ ~n C. Gould Deputy Attorney General Attorney for the Commonwealth Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Wanda M. Palmer, Plaintiff v. 97-3613 File No, Department of Corrections of the Commonwealth of PennsylvaniaDefendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Social Security Administration, Records Custodian, 555 Walnut Street, Harrisburg, PA (Name of Person or Entity) 1 7 lO 1 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Your complete file and all records in your possession reRardinR Wanda M. Palmer. D.O.B, 3-1-47, Social Security #t72-40-7985. at the Office of Attorney General, Torts LitiRation Section. t5th Fl.. Strawberry'Square. Harrisburg, PA 17120 ' (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 Steven C. Gould, Deputy Attorney General Office of Attorney General, Torts Litigation Section Addres~ 15th Fl. Strawberrv Square Telephone: HI]) 783-1683 Supreme CourtlD # 80t56 Attorney For: Commonwealth of Pennsylvania Date: ./f l L7J Fife; S Seat of the Court (Eft. 7/97) cn . .' ":. -l \' , 1.'.1' < < "." <, ;::\ ,- l.- " , ,. -' ") l" >," U w' '.. COMMONWEALTH OF PENNSYLVANIA OFFICE OF ATTORNEY GENERAL MIKE FISHER ATTORNEY GENERAL May 7, 1998 Torts Litigation Section 15th Fl., Strawberry Sq. Harrisburg, P A 17120 (717) 783-1683 Fax: (717) 772-4526 Gregory E. Martin, Esquire Law Offices of Dale E. Anstine, P .C. Two West Market Street P.O, Box 952 York, PA 17405 RE: PALMER v. DEPARTMENT OF CORRECTIONS NO. 97-3613 Dear Mr. Martin: 1 am enclosing Notices of Intent to Service Subpoena on behalf of the Commonwealth Defendant. Pursuant to Pa. R.C.P. 4009,21, we will issue the designated subpoenas at the expiration of the twenty (20) day period ifno objections are filed by you. Very truly yours, kaov (]#ttll/Jr.~ 'Steven C. Gould Deputy Attorney General enc. / cc: Prothonotary, Cumberland County ,\ < WANDA M, PALMER, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. : CIVIL ACTION - LA W DEPARTMENT OF CORRECTIONS OF THE COMMONWEALTH OF PENNSYLVANIA, Defendant : JURY TRIAL DEMANDED : NO. 97-3613 NOTICG OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4409.21 Commonwealth of Pennsylvania, Department of Transportation, Defendant 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. Date:/)7~ 1, N?f' itzll.lA.A.fkd:L!nlt- /Steven C. Gould I Deputy Attorney General Attorney for the Commonwealth Defendant I' . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Wanda M. Palmer, Plaintiff v, File No. 97-3613 Department of Corrections of the . Commonwealth of PennljY.ll1aniil . Defendant ::;Utjpol:NA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: York Health Corporation, Records Custodian, 132 S. Ceor~e Street. York. PA 1740t (Name 01 Person or Enhty) Within twenty (20) days atter service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all records in your possession re~ardin~ Wanda Palmer. 660 W. Kini Street York, PA 17404; 0.0.8. 3-1-47, including but not limited to notes, summaries, histories, bills and memos. at the Office of Attorney General, Torts Litigation Section, t5th Floor, Strawberry Square, Mrrisburg, fA llllU ' (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 lis!ed 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 Steven C. Gould, Deputy Attorney General Office of Attorney General Address: Torts Litigation Section Harrisburg, PA t 7120 (717) 783-t683 Telephone: Supreme Court ID # -80t56 A F Commonwealth of PA Ilorney or: Date: ~J.JY ,q() /99r teal of the Court (EH,7/97) ". (1, c.: _J I 1I I~. " , 1.." .J! (-::1 t.", I u c... ~ 0, I ", (; u C" (' .J COMMONWEALTH OF PENNSYLVANIA OFFICE OF ATTORNEY GENERAL MIKE FISHER ATTORNEY GENERAL May 7, 1998 " ,,) ,..., ~ d, :.' 'I , ~. . "1 !' : I" , ,c1 , ) Torts Litigation Section 1/=.... I II " 15th Fl., Strawberry Sq. " " "' Harrisburg, P A 17120 -- , , .. ' I (717) 783-1683 " :...~ tL) .~ Fax: (717) 772-4526 Gregory E. Martin, Esquire Law Offices of Dale E. Anstine, P.C. Two West Market Street P.O. Box 952 York, PA 17405 RE: PALMER v. DEPARTMENT OF CORRECTIONS NO. 97-3613 Dear Mr. Martin: I am enclosing Notices of Intent to Service Subpoena on behalf of the Commonwealth Defendant. Pursuant to Pa. R.C.P. 4009.21, we will issue the designated subpoenas at the expiration of the twenty (20) day period ifno objections are filed by you. Ve7truly yours, . JzN_1\.t~A~~~ , Steven C, Gould Deputy Attorney General enc. cc: Prothonotary, Cumberland County,,/ WANDA M. PALMER, Plaintiff : IN THE COURT OF COMMON PLEAS : or CUMBERLAND COUNTY, : PENNSYLVANIA v. : CIVIL ACTION . LAW DEPARTMENT or CORRECTIONS OF THE COMMONWEALTH OF PENNSYLVANIA. Dcfcndant : JURY TRIAL DEMANDED : NO, 97-3613 CERTIFICATE PREREOUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009,22 As a prcrcquisite to servicc of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) A Noticc of Intent to serve thc subpoena with a copy of the subpoena attached thereto was mailed or delivered to cach party at least twenty days prior to the date on which the subpoena is sought to be served; (2) A copy ofthc Notice oflntcnt, including the proposed subpoena, is attached to this ccrtificate; (3) No objection to the subpoena has bccn rcccived; and (4) Thc subpocna which will be scrvcd is identical to the subpoena which is attachcd to the Notice orIntcnt to serve the subpoena. D. MICHAEL FISHER Datc: S-~ %,.9 i Attomey for Commonwcalth Party IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA Wanda Palrner Plaintiff : CIVIL ACTION. LAW V. : No.: 97-3613 Department of Corrections of The, Comrnonwealth of Pennsylvania Defendant : JURY TRIAL DEMANDED RFQUFST FOR PRODUCTION OF DOCUMENTS 5. r /110'2. TO: Departrnent of Corrections and Steven Gould, Esquire AND NOW, this 13 of Decernber, 1999, pursuant to Pa.R.C.P. 4009, as arnended, comes the Plaintiff, Wanda Palrner, by her attorney, Gregory E. Martin, and request the Defendant, Departrnent of Corrections, to produce for inspection, examination and copying, at the offices of Dale E. Anstine, P.C., not later than thirty (30) days after service of this Request, the following documents: 1) Provide copies of all rnaterials by use of defelnse subpoenas, including but not lirnited to Social Security information. ,..... I'~...-.,. .... " .". 1 .... c, ". c:; .: I I' " t':' , C. " 1_; '- : L, I, L:. , . l.' C\ \..; CERTIFICATE OF SERVICE AND NOW, this 11th day of Oecernber, 2001, I, Gregory E. Martin, Esquire, a rnember of the Law Offices of Dale E. Anstine, P.C., hereby certify that I have, this date, served a copy of the within and foregoing Plaintiffs Request for Admissions by first class United States Mail, postage, pre-paid, addressed to the party or attorney of record as follows: Steven Gould, Esquire Torts Litigation Section lh 15 Floor, Strawberry Square Harrisburg PA 17120 Respectfully submitted, LAW OFFICES t\AlE ANSTINE, PC / Gregoryt. Martin, Esquire 1.0.#38894 Two W. Market Street P.O. Box 952 York PA 17405 (717)846-0606 8 '" A' - '.' . " ,., " .. " i': u . ,. . ~ 0 ... . . ~ Eo< . . - . " . 0 Z 0 ~ 'f. " . < . . 0 " i': . u ~ " . U . ~ ;; ~ . 0 , , . ;< . . " Z . 0 Z , < , U . :; ~ ~ . ~ , 0 0 . ~ '.' . ,., . , " ... " ... ,,; '"