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HomeMy WebLinkAbout97-04186 ~' . . ~~ ...; .~, -, ',"> ,'wi :/? , ~ .() ~ ~ ... o ~ ~ ~ ~ l-, ~ .~." ...'.';I"'~ ....,-., ,if ~ ..~ '~I'~ ), .', .':::~ ..'.." .':;1'> ,...~. "'<-', .'~~ .,',';:1;;1 A~~ ,:*' . . .)1' "",~:~ '1 . :~'H1 .',,- ~ '. :'J ~ ~ '1 i -...~ . ... " lit :s D ":;~ :..'1 ~t; . - ~ 1 ~ t it (I) r- ri ~ ~ (..... ., c; ;~ " lUf.:! N t''-; ~~~ I ~ ~ ( )., '0 r' . ,~. :..~ e 8 GJ I." u_ ~ ' , , C\:; ~ , ... "." ... Cl' . ~ t. ~, '- I ~~ !t,) ~ :;4 L~l: p 'j .:z- .. , ~ I, .., ". r:i. LL r- ':, ~ ~ 0 0"1 U II: III Z ~ ~ 8 ~ =..;: Sl . ~ .. - IS .. 0 · - c" U - L * A ~ iii~ · i 0 ~ .. ~ 3 !q~ oJ" . o x Z c{ 1: . . . 4. Defendant, William Hall, is an adult individual currently residing at 206 Hamilton Street, Wayland, New York, 14572. 5. At all times material hereto, Defendant William Hall was an agent and employee of Defendant KJ Transportation, Inc., and was acting within his scope of employment therewith. 6. At all times material hereto, Plaintiff, Robert Clouser, was within the scope of his employment as a forklift operator with Arnold Logistics, 4408 Industrial Park Road, Camp Hill, CUmberland County, Pennsylvania. 7. On or about October 4, 1996, Defendant, William Hall, was operating a 1995 International tractor-trailer, New York Registration number PA 5985, which was owned by Defendant KJ Transportation, and was within the scope of his duties as their employee. Spec if ically, he had backed the trailer up to the loading dock of Arnold Logistics in order to load or unload the trailer. 8. At about the same time, Plaintiff, Robert Clouser, was lawfully in the trailer, loading or unloading it with his forklift. 9. Then, suddenly and without warning, Defendant, William Hall, recklessly, carelessly, and negligently pulled the truck away 2 from the loading dock, thereby causing Plaintiff, Robert Clouser, to fall, along with his forklift, out of the trailer and onto the ground, thereby causing the injuries set forth hereinafter. 10. As a direct and proximate result of the negligence of the Defendants, acting jointly or severally, Plaintiffs suffered the injuries set forth hereinafter. 11. Prior to the incident of October 4, 1996, Plaintiffs, Robert and Darlene Clouser had purchased a policy of Motor Vehicle Insurance from Traveler's Indemnity/Aetna Casualty Insurance Company. Plaintiffs had elected the limited tort option, but are entitled to recover as if they had elected the full tort option because Robert Clouser's injuries did not arise from the use of maintenance of a private passenger automobile, as defined by the Pennsylvania Motor Vehicle Financial Responsibility Act. COtlN'l' I - ROBBRT CLOUSER v. WILLIAM HALL 12. Paragraphs 1-11 are incorporated herein as though they were set forth at length. 13. The occurrence of aforesaid event and the resultant injuries to Plaintiff, Robert Clouser, was the direct and proximate result of the negligence of the Defendant, W11li.. Hall, more specifically set forth .s follows: 1 (a) In failing to keep a proper lookout for any persons in the trailer as he was pulling the trailer away from the loading dock; (b) In failing to give such warning as was necessary to make any persons inside the trailer aware that he was pulling the trailer away from the loading dock; (c) In failing to properly inspect the trailer to ensure no persons were inside it before pulling it away from the loading dock; (d) In failing to operate the tractor trailer at such a speed, and under such control. that he could prevent the Plaintiff and plaintiff's forklift from being thrown out of the trailer; and (e) In recklessly and dangerously operating said tractor trailer in such a manner as to cause said injuries to Plaintiff, Robert Clouser. 14. As a direct and proximate result of the negligence of the Defendant, William Hall, Plaintiff suffered serious injuries including. but not limited to: a herniation of the cervical disc with osteophyte formation at C6-C7 and osteophyte disease at CS-C6. a concussion. post-concussion syndrome, increased dramatic mood swing_ and concentration difficulties, all of which requiud continuing medical treatment and counseling. physical therapy and eIIlOtional therapy. 4 COUNT II - ROBERT CLOUSER v. KJ TRANSPORTATION. INC. lB. Paragraphs 1-17 are incorporated herein as though they were set forth at length. 19. The occurrence of aforesaid event and the resultant injuries to Plaintiff, Robert Clouser, was the direct and proximate result of the negligence of the Defendant, KJ Transportation, Inc., more specifically set forth as follows: (a) In allowing Defendant Hall to fail to keep a proper lookout for any persons in the trailer as he was pulling the trailer away from the loading dock; (b) In allowing Defendant Hall to fail to give such warning as was necessary to make any persons inside the trailer aware that he was pulling the trailer away from the loading dock; Ie) In allowing Defendant Hall to fail to properly inspect the trailer to ensure no persons were inside it before pulling it away from the loading dock; ld) In allowing Defendant Hall to fail to operate the tractor trailer at such a speed, and under such control, that he could prevent the Plaintiff and Plaintiff' 8 forklift from being thrown out of the trailer; and , (e) In allowing Defendant Hall to recklessly and dangerously operate said tractor trailer in such a manner as to cause said injuries to Plaintiff, Robert Clouser. 20. As a direct and proximate result of the negligence of the Defendant, KJ Transportation, Inc., Plaintiff suffered serious injuries including, but not limited to: a herniation of the cervical disc with osteophyte formation at C6-C7 and osteophyte disease at CS-C6, a concussion, post-concussion syndrome, increased dramatic mood swings, and concentration difficulties, all of which required continuing medical treatment and counseling, physical therapy and emotional therapy. 21. As a result of the negligence of Defendant, KJ Transportation, Inc.. Plaintiff, Robert Clouser. has suffered great physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time, to his great physical. emotional and financial detriment and loss. 22. As a result of the negligence of the Defendant, KJ Tranaportation. tnc.. Plaintiff. Robert Clouser. has been, and will in the future be, hindered from performing the duties required by his usual occupation and from attending to his daily dutil. and chor... to hi. great loa., humiliation and embarrassment. 7 P 016 240 682 ~ Receipt for Certified Mall ___ No In.ur.ne. Cov.r.ge Provided .ar~ 00 not UII for Intern.donl' M.i1 (5H RIV.fI.) , ...... ...- ,) $ Cerlli'.,F" Soec.. DewIrt f.. .....ICUCI 0.-,. ,.. ~ "-,,,",1II1alClt~ ... ... 1O~.Dt..~ ~ I ""'"' ~ ...... 10 Mlom, 0... ... Addr....... ..... .., TOTAl.. ,.. $ ~ .- ~0I'0It1 g ... r P 016 240 683 ~ Receipt for Certified Ma. ~ No 1__. c_. "0._ ...... Do nol.... for Int_ Moll cs.. A......I ...... . :', II, s.... i:.........'.. s...c.C-~'" ....c.. ~ . .. ~-...s~ . ."""-,,.o...~ - I ..............~.~ ~ 0.............-. , ...... ci ! I .. l' r!,,".l,~ . ... . ~'aor:-... ... . :I . CompIII.1ttmI t IfldIcw 2 tor IdditloNIllMelt. . 'ComplICIIt-. 3. 41, and 4b. 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(for on ._f..): 1, 0 Add"....., Address 2, 0 R.slrlc1od D.livery Consult poatmasllr tor t.., 48, MId. Nurmor 'I, ) 4b, SIMco T~ o Rogial.rod jIJ' C.r1iftod o Express Mal 0 Inlured RoIum RlICIiplIcr MIn:IlIndsI 0 COD , Dolo 01 Delivery 8, Addr....... Address (Only 1/ requested and lee Is paid) Domestic etum Receipt 11'-0 _10 ....... ... fOIIowlng MMcu (for 1/1 _...): 1. [] AddIIIITI'IAdcha . . . I . . 1 ; . <,{i 3 i . t M. Cettifted C I o Express .... 0 InIurod 1 , . 1IIIum...........J__ 0 COD : f1'7/' I 'I n..../lIIIlfI 2, 0 R.Ai1c*l DoMry eo... ponnul8r lor..., I . 4b, ~ o RI.' Itred r-fI--.... (") .n 0 c: -4 ." ~'--: ,.,.. -., -;.' ",' .~~ L,.' , 1~ ,',) ~g " . - ~'J ;'33 .'" :]C,l -'0' r- 0' .. ~ ~ :::J ~ Ul I . h ~ 0' 1; Iii c *j ~~ .. ;5<: .:3 'i- - ' ~: -.... U... ;..,::'J !il c: ..~ n. ~~' ~!l u. N .l~. !. iii' ~ t.~ ..'~z -, 'eel .. ci ~"~o... .... s i L' r- (5 a- U .. .. , , ." t I . ..... C,1 r ' i: L~ ,,,, " lill ..'~ :~ .. '\ ",:;:2 .:;$ .), C)(. .. (.:-, . ..:.. t ~. . ,'...,.".."! Jill q\ ~'\ (~: t,..;....,<.-,. , !f :--.)". c". ....' u.: ,>~ ,. ~r. ~ ;; I (5 ,... ;:) r'j' (.) . . . . . ROBERT CLOUSER and DARLENE CLOUSER, his wife, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-4186, 1997 KJ TRANSPORTATION, INC., and WILLIAM HALL, CIVIL - LAW Defendants. JURY TRIAL DEMANDED DBnNDANTS' ANSWBR AND NEW _'1"1'ER '1'0 l'LAIN'l'IFrS' COHPLAIN'l' AND NOW, comes the Defendant, KJ Transportation, Inc. and William Hall, by and through their attorneys, Griffith, Strickler, Lerman, Solymos , Calkins, and files this Answer and New Matter in response to Plaintiffs' Complaint, and states as follows: 1. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to fOrM a belief as to the truth or veracity of the allegations contained in paragraph 1 of Plaintiffs' Complaint and the same are denied and strict proof thereof is demanded at the time of trial. 2. Denied. After reasonable investigation, answering Defendant is without knowledge or informatlon sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 2 of Plaintiffs' Complaint and the same are denied and strict proof thereof is demanded at the time of trial. J. Admitted. 4. Admitted. ~. Denied. The allegations raised in paragraph ~ state a conclusion of law to which no response is required. 6. Denied. The allegations raised in paragraph 6 state a conclusion of law to which no response is required. By way of additional response, after reasonable investigation, answering Defendant is without knowledge or information sufflcient to form a belief as to the truth or veracity of the allegations contained in paragraph 6 of Plaintiffs' Complaint and the same are denied and strict proof thereof is demanded at the time of trial. 7. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 7 of Plaintiffs' Complaint and the same are denied and strict proof thereof is demanded at the time of trial. 8. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 8 of Plaintiffs' Complaint and the same are denied and strict proof thereof is demanded at the time of trial. 9. Denied. The allegations raised in paragraph 9 state a conclusion of law to which no response is required. To the extent a response is deemed necessary, after reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 9 of Plaintiffs' Complaint and the same are denied and strict proof thereof is demanded at the time of trial. 10. Denied. The allegations raised in paragraph 10 state . conclusion of law to which no response is required. 2 truth or veracity of the allegations contained in paragraph 14 of Plaintiffs' Complaint and the same are denied and strict proof thereof is demanded at the time of trial. 15. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 15 of Plaintiffs' Complaint and the same are denied and strict proof thereof is demanded at the time of trial. 16. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 16 of Plaintiffs' Complaint and the same are denied and strict proof thereof is demanded at the time of trial. 17. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 17 of Plaintiffs' Complaint and the same are denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, William Hall, demands judgment in his favor and against the Plaintiffs plus such costs and further relief as this Court deems appropriate under the circumstances. COUIft II ........rt e1md.r Y. K3 'fraJl8DClrta t.ion. lae.. 18. No response required. 19. Denied. The allegations raised in paragraph 19 state a conclusion of law to which no response is required. To the extent a 4 response is deemed necessary, it is specifically denied that the occurrence of the aforesaid event and the resultant injuries to Plaintiff, Robert Clouser, were the direct and proximate result of the negligence of the Defendant, KJ Transportation, Inc., as more specifically set forth as follows: a. In allowing Defendant Hall to fail to keep a proper lookout for any persons in the trailer as he was pulling the trailer away from the loading dock; b. In allowing Defendant Hall to fail to give such warning as was necessary to make any persons inside the trailer aware that he was pulling the trailer away from the loading dock; c. In allowing Defendant Hall to fail to properly inspect the trailer to ensure no persons were inside it before pulling it away from the loading dock; d. In allowing Defendant Hall to fail to operate the tractor trailer at such a speed, and under such control, that he could prevent the Plaintiff and Plaintiff's forklift from being thrown out of the trailer; and e. In allowing Defendant Hall to recklessly and dangerously operate said tractor trailer in such a manner as to cause said injuries to Plaintiff. Robert Clouser. On the contrary, Defendant, KJ Transportation, Inc.'s employee acted at all times reasonably, prudently and carefully with due regard for the safety of himself and others around him. 20. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 20 of Plaintiffs' Complaint and the same are denied and strict proof thereof is demanded at the time of trial. 21. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the 5 truth or veracity of the allegations contained in paragraph 21 of Plaintiffs' Complaint and the same are denied and strict proof thereof is demanded at the time of trial. 22. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 22 of Plaintiffs' Complaint and the same are denied and strict proof thereof is demanded at the time of trial. 23. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 23 of Plaintiffs' Complaint and the same are denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, KJ Transportation, Inc., demands judgment in its favor and against the Plaintiffs plus such costs and further relief as this Court deems appropriate under the circumstances. COON'1' III Darl..... Clou..r ". _1.111_ SaIl 24. No response required. 25. Denied. The allegations raised in paragraph 25 state a conclusion of law to which no response is required. WHEREFORE, Defendant, William Hall, demands judgment in his favor and against the Plaintiffs plus such costs and further relief a. this Court deema appropriate under the circumstances. (; COUNT IV Darl.n. Clou..r v. KJ Tran.DOrta~ion. Inc. 26. No response required. 27. Denied. The allegations raised in paragraph 25 state a conclusion of law to which no response is required. WHEREFORE, Defendant, KJ Transportation, Inc., demands judgment in its favor and against the Plaintiffs plus such costs and further relief as this Court deems appropriate under the circumstances. Nn MP.'rTER 28. paragraphs 1 through 27 above are incorporated herein by reference as though fully set forth at length. 29. The Plaintiffs' Complaint fails to state a cause of action upon which relief can be granted. 30. The Plaintiffs' Complaint may be barred by applicable statutes of limitation. 31. Plaintiff's claims may be barred and/or limited by the doctrines of Res Judicata and/or Collateral Estoppel. 32. Plaintiff's claims may be barred and/or limited by the Pennsylvania Comparative Negligence Act andlor any other applicable comparative negligence act. 33. Plaintiff's alleged damages and/or losses were sustained solely as a result of the activities andlor conduct or omissions on the part of the Plaintiff, Robert Clouser. 34. Plaintiff's alleged damages and/or losses were sustained solely as a result of the activities and/or conduct or omissions on the part of the agents, wor kIIlen , eIIlployees andlor servants of Plaintiff's 7 employer. 35. Plaintiff's claims are barred and/or limited because the Plaintiff and/or agents, servants, representatives, workmen or employees of Plaintiff's employer failed to properly instruct or warn the Plaintiff before allowing him to undertake the actions which he claims caused his injuries and damages. 36. Plaintiff's claims are barred and are limited because the Plaintiff and/or the agents, representatives, employees, workmen or servants of Plaintiff's employer failed to properly and adequately maintain the real estate, and fixtures which form a part thereof, including but not limited to the metal working area of Plaintiff's employer. 37. The Plaintiff, Robert Clouser, assumed the risk of any injury or damages he claims. 38. The acts, omissions, contributory negligence and/or assumption of risk of the Plaintiff, Robert Clouser, constitutes a superseding or intervening cause of the alleged losses and damages, if any, as set forth in Plaintiffs' Complaint. 39. The acts, omissions, negligence or other liability producing conduct of agents, representatives, workmen, servants or employees of Plaintiff's employer, or others, constituted a superseding and/or intervening cause of the Plaintiff's alleged injuries and damages. 40. Plaintiff failed to take reasonable measures to cure the injury or prevent further injury or loss from taking place and did fail to mitigate the damages asserted. 41. The Plaintiff did violate safety rules and regulations a. enacted by federal, state and local governaents and these violations were e , ROBERT CLOUSER and DARLENE CLOUSER, his wife, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-4186, 1997 KJ TRANSPORTATION, INC., and WILLIAM IlALL, CIVIL - LAW Defendants. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this r!: day Of~~ 1997, I, Lisa H. DiBernardo, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS , CALKINS, Esquires, hereby certify that I have, this date, served a copy of Defendants' Answer with New Hatter to Plaintiffs' Complaint, by United States Hail, addressed to the party or attorney of record as follows: James R. Carroll, Esquire HANDLER , WEINER 319 Market Street P. O. Box 1177 Harrisburg, PA 17108-1177 GRIFFITH, STRICKLER, LERMAN, SOLYMOS , CALKINS BY 1-'. $-< ~~ LISK M. CiB !\NARDO, ESQUIJU: Attorney 1.0. No. 56684 110 South Northern Way York, Pennsylvania 17402 (717) 7$7-7602 Attorney for Defendant .- HAHDl.eR AND. W11H1R AT1'ClANEY8.,Q'-I,AW P.O, lOX 1177 .all ~.TREET AA'!I\ISSUIlQ. Pl!NNSYLVANA l1101 TELePHoNE: (711) za.- . ... . . , F [ ......... . , of the Act. Should any allegation therein be deemed factual in nature. said allegations are specifically denied. 31. Denied. This is a conclusion of law to which no response is required. Should any allegation therein be deemed factual in nature, said allegations are specifically denied.. 32. Denied, This is a conclusion of law to which no response is required. Should any allegation therein be deemed factual in nature. said allegations are specifically denied. 33. Denied. This is a conclusion of law to which no response is required. Should any allegation therein be deemed factual in nature. said allegations are specifically denied. 34. Denied. This is a conclusion of law to which no response is required, Should any allegation therein be deemed factual in nature, said allegations are specifically denied, 35. Denied. This is a conclusion of law to which no response is required. Should any allegation therein be deemed factual in nature. said allegations are specifically denied. 36. Denied, This is a conclusion of law to which no response is required. Should any allegation therein be deemed factual in nature, said allegations are specifically denied. 37. Denied. This is a conclusion of law to which no response is required. Should any allegation therein be deemed factual in nature. said allegations are specifically denied. 38. Denied. This is a conclusion of law to which no response is required. Should any allegation therein be deemed factual in nature. said allegations are specifically denied. 39, Denied. This is a conclusion of law to which no response is required. Should any anegation therein be deemed factual in nature, said allegations are specifically denied. 40, Denied. This is a conclusion of law to which nomponse is required, Should any allegation therein be deemed factual in nature, said allegations are specifk;aUy denied. ,", ..:.::') q .'! '.... ~ .., 1 ) 'j ',) " :A ~ -... :J . (~ ._)r .. ~.t '- :.> ::! .-, ,,, >.: '"~ >- ~o( ("; ,. ., -, tJJ~;-: ~'!1-. ,...- l" - ~\: t ..0 l~" (>,; ':. . '- t...' lw ~. '\". ,~ Vl 3 lL r- v Q'\ ",,-~"_-:,":..'';'' , . ROBERT CLOUSER and DARLENE CLOUSER, his wife, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 91-4186, 1991 KJ TRANSPORTATION, INC., and WILLIAM HALL, CIVIL - LAW Defendants. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 24th day of September, 1991, I, Lisa M. DiBernardo, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS , CALKINS, Esquires, hereby certify that I have, this date, served a copy of praecipe to Substitute verification of Defendant, by United States Mail, addressed to the party or attorney of record as follows: James R. Carroll, Esquire HANDLER , WEINER 319 Market Street P. O. Box 11'71 Harrisburg, PA 11108-1111 GRIFFITH, STRICKLER, LERMAN, SOLYMOS , CALKINS BY: I .1'\1/ {}>~tJ'(T~-- LISA M. DiBERNARDO, ESQUIRE Attorney 1.0. No. 56684 110 South Northern way York, Pennsylvania 11402 P171 15'7-'7602 Attorney for Defendant ROBERT CLOUSER and DARLENE CLOUSER, his wife, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-4186, 1997 KJ TRANSPORTATION, INC., and WILLIAM HALL, CIVIL - LAW Defendants. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this :2~ay of !J;jG"J->>:- 1997, 1, Lisa M. DiBernardo, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS , CALKINS, Esquires, hereby certify that 1 have, this date, served a copy of Defendants' Interrogatories/Request for Production of Documents to Plaintiffs', by United States Mail, addressed to the party or attorney of record as follows: James R. Carroll, Esquire MANDLER , WEINER 319 Market Street P. O. Box 1177 Harrisburg, PA 17108-1177 GRIFFITH, STRICKLER, LERMAN, SOLYMOS , CALKINS BY: /tr.]), 1h.,,-- LI M. DiBERNARDO, &SQUIll.!: Attorney I.D. No. 56684 110 South Northern Way York, Pennsylvania 17402 PH) 757-7602 Attorney for Defendant - - '- 0' '- c; c-: 1- t'-: :,..-::"" -. U.J'. , , ~,' . " -.:.: ~;~,. G': t. u.. .;: l...'.- . . C' "::. '{ ..., :,~ ~:1 ...'~, ('. "-:. '" -~' , ,. ~' l c_ r-.j ....' LL. ;ju.. I: en -.; Lt, r- ~ L' "" U ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CLOUSER Vs. NO 4186 1997 KJ TRANSPORTATION CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena Is) for documents and things pursuant to Rule 4009.22 LISA M DIBERNARDO, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena Is) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena Is) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena Is) has been received, and 4. The subpoena Is) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s) . Date: 9/30/97 LISA M DIBERNARDO, ESQUIRE 110 S NORTHERN WAY YORK, PA 17402 117-757-7602 ATTORNEY FOR DEFENDANT INQtJIJlIIS SHOULD 81 ADDRlSSIIl TO. MEDICAL LEGAL REPRODUCTIONS, INC. .940 DISSTON STREET PHILADELPHIA PA 19135 (215) ))5-3581 By: relicia Ca1ne. File II M2l2951-11 ~TH OF PmNSYLVANIA <XllHI'Y OF ~ 4186 1997 File No. CLOUSER VS. KJ TRANSPORTATION SUIlPOENA TO PR<n.CE DOCltENTS CR ntl toS FCR 0 I saNFJff IUlSUANT TO Rlt.E 4009.22 TO: HOLY SPIRIT HOSP (N_ of Person or Entity) Within t~ty (20) days after service of this slIbpoena, you lI"e ordered by the OClIrt to Pf'OC1Ice the following doo.menb or things: **~F.F. ATTACHED ADDENDUM** at I'IEDICAL L!GAt. REPROBeCTIOtl1> INC 4g40 DTCCTON ~T PHILA PA 19135 (Adet-ess) YCIU Il1IY deliver 01" IIIlll legible copies of the c:Iocunents or procb:e things requested h, this SIbpoena, together with the certificate of OCI11ll1ance. to the party making thl: request at the adct-ess listed above. YCIU have the right to seek in advance the rea'<Ol'lablf cost of prl!lOll"ing the copies or Pf"O<iJcing the things sought. ., you fall to Pr'OCiJc:e the docunents or things r~ired by this subpoella within t>-ent) (20) days after Its serv~ce, the party serving this s~ nay seek a OClIrt ordeo' ~Ihng you to cx:nply with it. ntlS ~ WAS 1SSl..a) AT lliE RE<J.aT 0: llE FCU~I NQ PERSON: IWE: LISA DIBERNARDO, ESQ ~ESS: 118 9 NeRTHERN WAf YORK PA 17402 (215) 335-3212 SUB( 10. 'D'iFENDANT TELEPtOE: SlI'RfJoE CXlLAT A TTCR€Y FOR: DATE:_.~~ I IW7 Sea I of the Oout-t IY lliE ClOLRT I ~rf""Lt. ~:~ ProthonotarV/Clri. Civil 01.,..101\ ~~ <!J , n'~IT1Q"'''' ~ DtIlutV (If'. 1/171 ADDENDUM TO SUBPOENA CLOUSER Vs. No. 4186 1997 KJ TRANSPORTATION CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSP Any and all hospital records. including microfilm, microfiche emergency room reports, x-ray reports. out-patient records physical therapy records, and any other information pertaining to: NAME: ROBERT W CLOUSER ADDRESS: RR 2 BOX 1017 NEW BLOOMFIELD PA DATE OF BIRTH: 03/23/59 SSAN: 202522504 CERTIFlED PHOTOCOPIES OF TIlE RECORDS nUL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARA..'tCE. County of: CUMBERLAND MLR File '1 M232951-08 ADDENDUM TO SUBPOENA CLOUSER Va. No. 4186 1997 KJ TRANSPORTATION CUSTODIAN OF RECORDS FOR: WCA ANY AND ALL RECORDS. PERTAINING TO: NAME: ROBERT W CLOUSER ADDRESS: RR 2 BOX 1017 NEW BLOOMFIELD PA DATE OF BIRTH: 03/23/59 SSAN: 202522504 CERTIFIED PHOTOCOPIES OF 11IE RECORDS WILL BE ACCEPl'ED IN LIEU OF YOUR PERSOSAL APPEARANCE. county of: CUMBERLAND MLR File ,: M232951-11 - It'" ("':' .1" q r- oJ "~ '. ') .~~ j ,., .1 a_... l() -.'. j ,- -'.) ,r\'l ..' . ,- . -- ,'-> ::l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CLOUSER Vs. NO. 4186 1997 KJ TRANSPORTATION 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 LISA M DIBERNARDO. 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(s) is attached to this certificate, 3. No objection to the subpoena(s) 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) . LISA M DIBERNARDO. ESQUIRE 110 S NORTHERN WAY YOU. PI. 17402 717-757-7602 A'l"I'ORNlY POR DEFENDANT llIQUDIU UOVLD .. UlDaIIlID 'f01 MlDICAL LBOAL UPRODUCTIONS. INC. 4'40 DISSTON STRBBT PKILADILPHtk PI. 1'135 (215) 335-3511 By I F.Ucia Gaia.. rile '1 M23"'1-02 OHOlIlEALTH Of' PQlNSYLVl\NIA roJNl'Y OF ~ 4196 1997 File No. CLOUSER VS. KJ TRANSPORTATION SUBPOENA TO PR<XlJCE I'XX1.t'ENTS a! 1M IIGS Fa! 0 I SC>>.'ERY MSUANT TO RlLE 4009.22 DR BRIAN UNIACKE TO: (N8'llI!l of Person or Entity) Within ~ty (20) days after service of this s.Ibpoena, you IINI Cll"dered by the coo.rt tc prodIee the following docunenb or things: U GEE .M"l'lItCHEJi) ADt'il.tnTtVH MEDICAL LEGAL Rl::l'Kuuu\.,uv1'I5 IN(; 4946 BI3S'f9U S'i' PI\I:bJI. PA 1 ppc; at (Address) You NY deliver or Nil legible copies of the cIoa.ments or Ilf'Oli,Ice things r~ested ~ this SlJ:lpoena. together with the certificate of call1liance. to the party making th. request at the address listed above. You have the r-i~t to seek in advance the rea'lONbl cost of pr-eoaring the copies or prociJeing the things sought. I f you fai I to pr-ocl.Iee the cIoa.ments or things required by this "tIpoena within t~t (20) days after its aerv~ce. the party serving this ~~ NY seek a coo.rt orde c:.arpel Hng you to call1ly with it. 1MIS ~ VNBtJ1I\D~ 1ISCIlEQJEST a: 1lE F<U.ONIN3 PERSON: N.A/'E : .t.DORESS : l1U ~ ~U~lnA~ MAY VnllIr Pa. 1'7402 (215) 335-3212 TElEPH:lNE: ~6684 S1.I'REI'E CX1RT 10 iBFENDANT "'II""~IEY FClAI OATEI~'" ..I. .1(.. 19';1 seal of the Qu-t BY M CXlRTI f'..dU -R ~. ProthonotII"Y . Civil otvllton <.....).... f} n..II~:. t OIDuty ([ff. 1/91) I i i I i i i i I 1 I I i i , J j , P ..0 0 ;;n ".. ~ "'" ...... "'1:(,':'" -:) i1~ i1I O~r~ ;'.) Z"n~ ~ ~'~ .'~;;> , . "." t,,',,_ -.J , ~."'~ "~L 1'-' .... _: .;] :..::: -,'. ....'\. -'... , -,;.~'") yo, ~ - 6~ )..:~.,~ ...... .. ... ~ ~ ~ r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CLOUSER Va. KJ TRANSPORTATION No. 4186 1997 TO: JAMES CARROLL, ESQ NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 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: 4/1/98 LISA M DIBERNARDO. ESQUIRE 110 S NORTHERN WAY YORK. PA 17402 ATTORNEY FOR DEFENDANT IJIQUIRIBS SHOULD .. ADDUSSBD TO I MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA. PA 19135 (215) 335-3581 By: r.licia Gain.. Enclsl: Copy of subpoenalsl Counsel return card FUe II IOU"I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CLOUSER Vs. NO. 4186 1997 KJ TRANSPORTATION 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 LISA M DIBERNARDO, 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(s) is attached to this certificate. 3. No objection to the subpoena(s) 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) . Dat /29/98 LISA M DIBERNARDO. ESQUIRE 110 S NORTHERN WAY YOU. PA 17402 717-757-7602 A'M'ORNBY FOR DBPENDANT ~: 00 , IJIQUIUU .BOULD .. ADDIII...m to, MEDICAL LEGAL REPRODUCTIONS. INC. 4940 DISS'l'ON STREIT PHILNl!LPKlA PA 19135 (:115) 335-3581 By: '.Uo1a GalA.. File I: "'",- (') ,0 q c: :,:-'l ;._~ - ! "'\~ _. . " (hi"l . .. ~..., ......<. -c ,.- ;,-:i" I ". r'~' ~)'~' - :,\:::J ~ ...,. ;<~ . . :,:,: j ~ i .e \ ;..~ - .1' . . . :-j :.> ~ ..... (0