HomeMy WebLinkAbout98-01857
MARIE A. HANKINSON,
INDIVIDUAI,LY AND AS
EXECUTRIX OF THE ESTATE
OF JOSEPH H, HANKINSON,
Plaintiff
17
IN THE COURT OF COMMON PLEAS OF'
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION LAW
KATHY A. STONE,
Defendant
v,
MARIE HANKINSON,
Additional Defendant 98-1857 CIVIL TERM
IN RE: PRETRIAL CONFERENCG;
At a pretrial conference held Wednesday,
January 12, 2000, before the Honorable Edward E, Guido, J"
present for the Plaintiff was Michael E, Kosik, EsqUire, and
present for the Defendant was Matthew R. Gover, Esquire, and
present fo!' the Additional Defendant was John M, Popilock,
Esquire,
accident in which liability is hotly contested,
This is an intersection motor vehicle
should take about a day and a half to try, includi~g jUry
The case
select.ion,
attached for trial in Franklin County for at least the first
Defendant's counsel, Matthew Gover, is
two, and possibly the first three days of the trial term.
However, he has indicated that, if necessary, someone from
his office will be available to pick the jury on his behalf,
'l'htJl:'e are. no complicated iSsues ot: law,
CounsE'l1 are ad'liseJCI that any motions in 111111nB, with
supporting authodty, Elhou1d be filed by th~l close of
business on Wednesday, January 26th, 2000,
Any responses,
with sUpporting authority, should be filed by the close of
business on Friday, January 28. 2000.
Counsel are directed to mark all exhibits
prior to trial.
They are further directed to submit at the
commencement of the trial any points for charge they would
like the Court to give.
In addition, any trial briefs they
would like the Court to consider should be submitted at the
commencement of trial.
Settlement discussions are ongoing.
However, settlement does not appear likely,
By the Court,
.~
Edward E. Guido, J,
Michael E, Kosik, Esquire
For the Plaintiff
Matthew R. Gover, Esquire
For the Defendant
A IU':',j),,I / ,1.1.c?o
[~
John M, Popilock, Esquire
For the Additional Defendant
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MARIE A, HANKINSON,
INDIVIDUALLY AND AS
EXECUTRIX OF' THE ESTATE
OF JOSEPH H, HANKINSON,
plaintiff
17
IN THE COURT OF COMMON I?Y,EAS OF
CUMBERLAND COUN'ry, PENNSYLVANIA
V.
CIVIL ACTION LAW
KATHY A, STONE,
Defendant
V.
t~RIE HANKINSON,
Additional Defendant 98-1857 CIVIL TERM
IN RE: PREIEIAL CONFERENCE
At a pretrial conference held Wednesday,
January 12, 2000, before the Honorable Edward g, Guido, J, ,
p:t;'esent for the Plaintiff was Michael E, Kosik, Esquire, and
present for the Defendant was Matthew R. Gover, Esquire, and
present for the Additional Defendant was John M. Popilock,
Esquire.
This is an intersection motor vehicle
accident in which liability is hotly contested.
The case
should take about a day and a half to try, including jUrY
selection,
Defendant's counsel, Matthew Gover, is
attached for trial in Franklin County for at least the first
two, and possibly the first three days of the trial term,
However, he has indicated that, if necessary, soml;!one from
his officI;! will be available to pick the jury on his behalf..
( \1
JAN .. 7 2000
i\' I
MARIE A. IIANKINSON, Individuully
and us EXECUTRIX OF THE
ESTATE OF JOSEPIIll HANKINSON,
Plalntitl'
IN TIII\ COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
VS,
: CIVIL ACT/ON. LA W
: NO. 98-1857
KATHY A. STONE,
Dcfendant
: JURY TRIAL DEMANDED
fLAINl'IJ<'F'S PlmTRIAL MEMORANDUM
I. ST A TEME!'IT OF THE CASI~
This casc arises out of u two-car automobilc accidcnt which occurrcd on April 17, 1996 al
approximatcly 3:55 p,m, at thc intcrscction of East I'omfi'ct Strcct and SOUlh Spring Garden in
Carli sIc, Cumbcrland County, Pcnnsylvania, At the timc of thc accident. Plaintiff Marie
Hankinson was travclling East on East I'omfrct Street and had come to a complete stop at the stop
sign, Her husband who is now deceased. Joseph Hankinson. was a right fl'Ont scat passenger in
hcr car.
At that samc time and place. Dcfcndant Kathy A. Stone was travclling south on south
Spring Gardcn Strcet. After coming to a complctc stop. Plaintiff Maric Hankinson looked to hcr
left for traffic approaching from South Spring Garden Street, shc did not observe the Stonc vehicle
at the stop sign, As a result, Mrs, Hankinson proceeded into the interscetion when she was struck
by the Defendant's vehiclc in the Icft front comcr of her vchicle, Plalntifl' Marie Hankinson
maintains that Defendant Stone did not stop at thc stop sign for southbound traffic and stmck her
vehiclc which had propcrly cntcred the intcrsection and 110 obstruction cxisted at thc intcrsection to
prcvcnt the Defcndant from obscrving Plaintiffs' vchick,. No advcrse highway or wcathcr
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<, 'II ,
MARIE HANKINSON, Individually and
as Executrix of the Estate of JOSEPH
HANKINSON,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Pluintiffs
v.
KATHY A, STONE,
: No,: 98-1857
: CIVIL ACTION -. LA W
Defendant
v,
: JUR Y TRIAL DEMANDED
MARIE HANKINSON,
Additional Defendant:
;~~ME.Mq~lJM'O~ADJ,JIT.ONALD,IllFEND~T,MAlUIll'Q~S()N
Additional Defendant, Marie Hankinson, hereby files the following Pre-Trial
Mernorandlln,:
I, STA fEMENT OF nm BASIC FACTS AS TO LIABILITY:
This matter stems from a two vehicle automobile aecident whieh occurred on April 17,
1996 at the intersection of East Pornfret Street and South Spring Garden Street in Carlisle,
Pennsylvania, The Plaintiff, Marie Hankinson, was operating a 1985 Chevrolet Celebrity and
was proceeding through the aforementioned intersection when her vehicle was impacted on the
front driver's side by Defendant, Kathy Ann Stone, who WllS operating a 1990 Chevrolet
Corsica. Plaintiff, Marie Hankinson, was joined as an Additional Defendant by Kathy Ann
Stone on claims brought by Marie Hankinson's husband who was a passenger in Marie
Hankinson's motor vehicle at the time of this accident.
II, STATEMENT OF THE BASIC FACTS AS TO DAMAGES
Additional Defendant, Marie Hankinson, is not claiming any damages in this mattero
Additional Defendant respectfully refers this Honorable COlllt to Plaintiffs Pre-Trial
Memorandum for an itemization of claim damages,
III. STATEMENT OF THE PRINCIPL,E ISSUES OF LIABILITY AND DAMAGES
Additional Defendant, Marie Hankinson, is contesting liability in this matter as she was
lawfully proceeding through the intersection at the time she was struck by Defendant, Kathy Ann
Stone,
Add.itlonal Defendant, Marlo Hankinson, is also contesting damages In this matter with
rcgard to Plaintiff, Joseph A, Hankinson and any causal relation between the alleged damages
and this accident.
IV. SUMMAI{Y 010' LI~GAL ISSUES
Additional Defendant, Marie Hankinson, docs not anticipate any legal issues lIrislng in
this matter with regard to the admissibility of testimony, exhibits or any other matter.
V, IDENTITY OF WITNESSES TO QE CALL,ED
1. Additional Defendant, Marie Hankinson.
2. Defendant, Kathy A. Stone
Additional Defendant, Marie Hankinson, resel'Ves the right to call any other witnesses
identified by the other parties In this matter or supplement this I'Csponse prior to the time of trial.
VI. LIST OF' EXHIBITS WITH BRIEF IDENTIFICATION OF EACH
I. Photographs of the intersection as well as photographs of the vehicles involved in
. . this accident.
Additional Defendant, Marie Hankinson, reserves the right to utilize any other exhibits
identified by parties involved in thb matter,
VII. CURRENT STATUS m' SETTLEMENT NEGOTIATIONS
At this time, Plaintiff has not made a demand upon Additional Defendant, Marie
Hankinson. Additional Defcndant, Marie Hankinson is unaware of any other settlement
negotiations that may be occurring between Plaintiffs and Defendant.
THOMAS, THOMAS & HAFER, LLP
By:
---I
1 /,'/7 ~4J->
,Mihn M, Popil6ck:Esquire
Attorney LD. # 72671
305 North Front Street
1', 0, Box 999
Harrisburg. P A 17108-0999
(717) 255- 7629
Date: January 6, 2000
:82308.1
Hankinson has sustained work loss, loss of opportunity, and claim is
made therefor.
18. Plaintiff Marie A. Hankinson cont inues to be plagued by
persistent pain and 1 imitation and, therefore, avers that her inj uries
may be of a permanent nature, causing residual problems for the
remainder of her lifetime, and claim is made therefor,
WHEREFORE, Plaint iff Marie A, Hankinson demands jUdgment against
Defendant Kathy A. Stone in an amount in excess of Twenty Five Thousand
($25,000,00) Dollars exclusive of interest and costs and in excess of
any jurisdictional amount requi:cing compulsory arbitration.
CLAIM II
MARIE A. HANKINSON AS EXECUTRIX OF THE
ESTATE OF JOSEPH H, HANKINSON V, KATHY A. STONE
19. Paragraphs 1 through 18 of the Complaint are incorporated
herein by reference,
20, Plaintiff Marie A, Hankinson brings this claim on behalf of
the Estate of Joseph H. Hankinson who died prior to the commencement of
this action.
21. As a result of t.he April 17, 1996, mot.or vehicle accident.,
.Joseph H, Hankinson sustained painful and severe injuries which include
but are not. limited to a left. hip contusion, aggravat.ion of pre-existing
degenerat.ive changes in the lower lumbar spine, arthritic changes in the
right and left sacroiliac joints.
22, By reason of the aforesaid injuries sustained. by Deceased
Plaintiff Joseph H. Hankinson, he was forced to incur liability for
medical
treatment,
medications,
hospitalizations
and
slmilar
"
SHERIFF'S RETURN - OUT OF COUNTY
CASE NOI 1998-01857 P
COMMONWEALTH OF PENNSYLVANIA;
COUNTY or CUMBERLAND
~ANKINSON MARIE A ETG
VS,
2.IQ!il;,_M.TIf1 A
_L Thomas Kline , ShE.'riff, who
to law, says, that he made a diligent search
named defendant, to witl STONE KATHY A
being duly sworn aooording
and inquiry for the within
----
but was unable to looate
Her
in his bailiwiok, He therefore
__ County, Pennsylvania,
deputized the sheriff of PERRY
to serve the within COMPLAINT
On ADril 9th. 1998
the attaohed return from
, this office was in reoeipt of
PERRY County, Pennsylvania.
Sheriff's Costs:
Dooketing
Out of County
Suroharge
Perry County
So answers.:
/
18.00
9.00
6.00
22.00
$55.00 ANGINO AND ROVNER
04/09/1998
t; (< / u1/ r::::-;;;;~-
R, < homa~>tii~~, ~he~t;;::---
Sworn and subscribed to before me
this _ " '?- day elf ~
19 9\" A. D.
(~ tfJ .~ '
- "Vi' a!t'{f~}./ ~rt'
rot onoy
MARIE HANKINSON, Individually
and as EXECUTRIX OF THE ESTATE
OF JOSEPH HANKINSON,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA
v.
: NO, 98-1857
: CIVIL ACTION - AT LAW
: JURY TRIAL DEMANDED
KATHY A. STONE,
DEFENDANT
AN.S.WER TO COMPLAINT Willi NEW MAlIEB
ANDCROSs.-.c.LAlM
AND NOW comes Kathy A, Stone, by her attorneys, NEAL.ON & GOVER, and
flies a following Answer with Cross Claim to Plaintiffs' Complaint:
1 -2, Admitted,
3, Denied. To the contrary, Defendant resides at 3 B & K Trailer
Court, Newport, Pennsylvania,
4 -11, Denied, pursuant to Pa, R. Clv, P. ~1029(e).
CLAIM.!
MARIE A. HANKINSON VB. KATHY A. STONE
12. Paragraphs 1 through 11 of Defendant's answer to Plaintiffs
Complaint are Incorporated herein by reference thereto,
26, At all times material to this action, Marie A. Hankinson was operating her
motor vehicle, a 1985 Chevrolet Celebrity east on East Pomfret Street.
27, Marie A, Hankinson Is solely liable on the Plaintiff's cause of action, or
liable over to Kathy A, Stone, on the Plaintiff's caLise of action, or Jointly or severally
liable with Kathy A. Stone, on the Plaintiff's cause of action or liable to Kathy A. Stone
on any cause of action arising out of the transaction or occurrences or series of
transactions of or occurrences upon which Plaintiff's cause of action is based,
28, The alleged collision was solely and exclusively caused by tne negligence
of Marie A. Hankinson, said negligence consisted of the following;
a) Failure to keep a proper lookout
b) Failure to keep her vehicle under adequate and proper control
c) Failing to keep a careful and diligent watch on the roadway
29, Marie A, Hankinson Is alone liable to the Plaintiff for such injuries or
damages as they may be entitled,
30, It Is believed that Marie A, Hankinson's negligence exceeds that of Kathy
A, Stone to the point v~here she Is statutorily barred from any recovery on her own
. claim.
WHEREFORE, Kathy A, Stone, requests that this Honorable Court dismiss
Plaintiffs Complaint. In the alternative, find that Marie A, Hankinson Is solely liable on
the Plaintiff's cause of action or liable over to the Defendant on the Plaintiffs cause of
LAW OFFICES OF
KAUFFMAN AND SHILLING
ATTORNEY: C. William Shilling
SUPREME COURT 1.0. NO. 4699~
100 PINE STREET, SUlnl 300
HARRISBURG, PA 17101
(717) 720-0700
A T'I'ORNEY FOR:
Additional Defendant
---
MARIE HANKINSON, Individually: IN THE COURT OF COMMON PLEAS
and as Executrix of the Estate of : CUMBERLAND COUNTY, PENNSYLVANIA
JOSEPH HANKINSON,
Plaintiff
v.
: CIVIL ACTION - LAW
KATHY A. STONE,
Defendant
: NO. 98-1857
v.
MARIE HANKINSON,
Additional Defendant
; JURY TRIAL Dl.<:MANDED
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOT AR Y:
Kindly enter the appearance of C. William Shilling, Esquire on behalf of Additional
Defendal)t Marie Hankinson in the above-captioned litigation.
Dated: May 7, 1998
KAUFFMAN SHIUoING --___
-:7 ..-?)
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Q; II~~Y
L../
, ...
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
MARIE HANKINSON, INDIVIDUALLY
AND As EXECUTRIX OF THE ESTATE
OF JOSEPH HANKINSON
v,
,
,
: FILE NO, 98.1857
KATHY A. STONE
~UBPOENA TO PRODUCE DOCUMENTS OR THINGS
EQR DISCOVERY PURSUANT TO [tl,lLE 4009.22
TO: Carlisle H08pltal and Health S8rvlce8
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 the offices of Nealon & Gover, 301
Market Street. 9'" Floor, Harrisburg, PA 17101.
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 copieR or
produolng the things sought.
If you fall to produce the documents or things required by this Subpoena wllhln twenty
(20) days after its service, the party serving this Subpoena may seek a Court Order oompelllng you to
comply with It.
This Subpoena was issued at the request of the following person:
Matthew R. Gover, E8qulre
301 Market Street, II'" Floor
Harrisburg, PA 17101
717..232.9900
Attorney for Defendant
BY THE COURT:
DATED:
Seal of the Court
PROTHONotARY
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COMMONWEALTH OF PENNS'fLVANIA
COUNTY OF CUMBERLAND
MARIE HANKINSON, INDIVIDUALI. Y
AND AS EXECUTRIX OF THE ESTATE
OF JOSEPH HANKINSON
v.
: FILE NO. 98.1857
KATHY A. STONE
SUBPOENA TO PRODUCE OO,9UMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22 .
TO: Philip Nelderer, D.O.
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 the offices of Nealon & Gover, 301
Market Street, 9'. Floor, Harrisburg, PA 17101.
You may deliver or mail'egible 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:
Matthew R. Gover, Esquire
301 Markst Street, 9th Floor
Harrlsburg,?A 17101
717.232.9900
Attorney for Defendant
BY THE COURT:
DATED:
. Seal of the Court
PROTHONOTARY
. EXPLANA.IION. OF REQUIM!LBSCORDS
TO: Custodian of Records For:
Philip Neldel'er, D,O,
220 Wilson Street, Suite 109
Carlisle, PA 17013
ANY AND ALL MEDICAL RECORDS, OFFICE NOTES, CORRESPONDENCE, MEMORANDUM,
INSURANCE FORMS, PROGRESS NOTES, REPORTS OR OTHER DOCUMENTS RELATING TO ANY
EXAMINATION, CONSULTATION. CARE OR TREATMENT,
DATES REQUESTED:
SUBJECT:
SOCIAL SECURITY #:
DATE OF BIRTH:
Up to and Including the Present
Marie and Joseph Hankinson
192.14.6743 and 136.12.0356 (respectively)
May 21,1923 and January 16, 1895 (respectively)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
MARIE HANKINSON, INDIVIDUALLY
AND AS EXECUTRIX OF THE eST A TE
OF JOSEPH HANKINSON
v.
.
.
: FILE NO. 98.1857
KATHY A. STONE
m!BPOENA TO PRODUCE DOCUMENTS OR THINGS
E9R DISCOVERY PURSUANT TO RULE 4009,22
TO: USF&G
Within twenty (20) days after service of this Sllbpoena, you are ordered by the Court to
produce the following documents or things: ~EE ATTACHED at the offices of Nealon & Gover, 301
Market Street, g'. Floor, Harrisburg, PA 17101.
You may deliver or mall 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 seel( in advance the reasonable cost of preparing the copies or
producing the things sought.
11 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:
Matthew R. Gover, Esquire
301 Market Street, 9'. Floor
Harrisburg, PA '17101
717-232-9900
Attorney for Defendant
BY THE COURT:
DATED:
PROTHONOTARY
Seal of the Court
:..--.,~_t1
"
~IF'rCATIO~
I, MARIE HANKINSON, verify th~ facts set forth in the
foregoing Response are true and correct to the best of my
knowledge, information and belief and understand that statements
made herein are subject to the penalties of 18 Pa.C.S,A. Section
4904, relating to Unsworn Falsification to Authoritie~,
~a,4(- */-~h..~",-/
IE HANKINSON
DATED: ,,{) ., f:<() .., 9' %'
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PRAJ:CIPE FOR USlf.llC CASF. FOR TRI.-\l.
-
(~lusi be lYpcwrlllen And submltlld In dupllclle I
TO THE PROTHONOTARY::OF CL'~IBERLAND COCNTY
(C!leek on.)
PI.m !lsl liII (oUQwlnl ~u.:
(x:) ,'or JCRY lriu SI ~~e nUl arm ,)( ~1'U qgUIl.
( ) (or uUl "..illlgUI I Jury.
...-
CAPnON OF CASE
(.nll:i upllon mUll b. 1\SlId In full)
(ch.ck one)
MARIE A. HANKINSON, Individually
and m EXECUTRIX OF THE ESTATE OF
JOSEPH H. HANKINSON,
( ) Allum pIlI
( ) Tltlpw
( ){ ) TlftlpUl (Molor Vlhle!.)
) (olhu)
(l'II\l\Ilf!)
VI.
The trial list will be callee OA
1-4-2000 and
KATHY A. STONE
(Deflndant)
Trials commence on 1-31-2000
Pretrials will be held on 1-12-2000.
(Briefs are due 5 days before pre-
trials. )
(The party listing this case for trial
shall provide forthwith a copy of the
~raacipe to all counsel, pcrsuant to
local Rule 214-1.)
"I.
MARIE HANKINSON
No.
, RS?
ClvU
Act ion
19 .a.a...
Inlllm. Ihe mom.)' who ",U II)' w. (or Ih. psrl)' Vo'ho lilu Ihls prmlp.:
Michael E. Kosik, Eeq. 4503 N. Front St. Hbg., PA 17110
Lncl1m. ilia! COUM! lor olMr p&rUeI If known:
John M. Popilock, Esq. 305 N. ("ront St. I-Ibg., PA 17110
...~_..~-Matthew. R. .Gover, Esq., P.O. Box 865, I-Ibg", PA 171.08
-
Th!.I we Is rndy for lri~.
M-tr.h;u::d R I(n.~'l""
Dm:
rr :?/~<>r
Allornl)' lor:
Plaintiff