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Home My WebLink About98-03123 . ~, ~I -I :3..i ~! '" ~ ~ VII >1 I d'1 v ~ ~I ~ ,. '1., '\.... " \ \ \ , \ '< \ \ .. / I .[ !l ~ ... l~ I -I . - 1 .~ I CJI tf')1 '11 -I CV')! i \ I 0.1 C)-! , '1 '-. E:> i <I i :l'- (.1] -< ~ .,... -+ w . - -.(' 3 ~ '"::::;1 3 J~~ JQ ....) - - ~r-f -' ::J. (3 Jet:: ~j -j r? ~ ~ ()..' i;J..!:I ~ .-l ' .--.J \J pa 2 Q... J~~ 7- 0-- ~ ~ ~ t? '" ~ '~~J o Q::. dJ -i' ....... f') ,.- ~ Q ~ c.;. L.. M ~ Q: t... , l/j ~ n C1 2~ ~Zi~ ~:? ~ IEt-' ~:: ' ) '~;J I c7 ~:( t'J... , <:: '8 8 5)1' f,,!~.-J e -.,j n r"6 Qi''t f') ::r(.0 --.J I/) fft I i'i!:;;:; il lLJ ::t: ~ tJj L0 i!:;' Ll./ln -=FI :::> !nn.~ ~ ..., ~ 15 --} r:i. en ;;) 0' u . J I , I I I I . I S>, IV' i 0::> I 0 I ~ .~~ ,...j .113 ~! ~i ~ ..jJ I'- I ~ rl ~ ,...j 1 -at1lR ~8 ~ ,I ~.jJ ~ i~ ,...j ~ eJiErl .,-1 ~~~ ~ al (/)r--. lnO ii1 :> . ~]~ ,..... ..0'\0 .,-1 M ~ -,-I' +J rl [CO 0 ,< U IOl . ~I Q) r-/ Lf) N 1 .", (lJ .~ ,..... I 1 <"1 ii&!'iiJ .,...j . 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CIVIL ACTION - LAI~ KENNETH RANDOLPH, III and GARY C. COOPER, Defendants JURY TRIAL DEMANDED ~OENA TO ~ODUCE QOCUMENTS OR ~HING~ TO: Records Custodian for David C. Baker, M.D. Within twenty (20) days after service of this subpoena, you are ordered by the court to produce at the offices of Reynolds & Havas, A Professional Corporation, 101 Pine Street, Harrisburg, Pennsylvania 17101 the following documents or things relating to Lvnn M. ~clay (DOB: 03/30/67: SS ~o. 164~-1612l. includina but not limited to all office records i~c~~ein~tient chart~~ ~~t;;. result:iL..of dia..,llQJij;ic studies. -' Qr other films and studies. photograohs, corr;;;;id=~~e and all else relatinq to your care and treatment of Ms. Ba~ I 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: Stephen L. Banko, Jr. Attorney 1.0. No. 41727 Reynolds & Havas 101 Pine street Post Office Box 932 Harrisburg, Pennsylvania 17108-0932 (717) 236-3200 Attorney for Defendants, Kenneth Randolph III and Gary C. Coopex' BY THE COURT: Date: (Seal of the Court) 4056-1 (prothonotary) COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY LYNN BARCLAY, Plaintiff No. 98-3123 Civil v. CIVIL ACTION - LAW KENNETH RANDOLPH, III and GARY C. COOPER, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE OOCUMENTS OR THINGS TO: Records Custodian for Rodney K. Hough, M.D. Within twenty (20) days after service of this subpoena, you are ordered by the court to produce at the offices of Raynolds & Havas, A Professional Corporation, 101 Pine Street, Harrisburg, pennsy I vania 17101 the following documents or th.i.ngs relating to Lvnn M. Barclay (DOR: 03/30/67: S8 No. 164-56-16121. including but not limited to all office records including patient charts. notes. results of diagnostic studies. x-ray and[or other films and ~~es. photoQraphs. correspondence and all ~lse r~atinQ to yo~ care and treatment 2f-~ Barclay. 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 oopies or produoing the things sought. If you fail to produoe the doouments or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order oompelling you to oomply with it. This subpoena was issued at the request of: stephen L. Banko, Jr. Attorney 1.0. No. 41727 Reynolds & Havas 101 Pine street Post Office Box 932 Harrisburg, Pennsylvania 17108-0932 (717) 236-3200 Attorney for Defendants, Kenneth Randolph III and Gary C. Cooper BY THE COURT: Date: (Seal of the Court) 4056-1 (Prothonotary) COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY L'iNN BARCLA'i, No. 98-3123 civil Plaintiff v. CIVIL ACTION - LAW KENNETH RANDOLPH, III and GARY C. COOPER, Defendants JURY TRIAL DEMANDED SlJ..6POENA TO PRODUCE DOCUMENTS OR THINGS TO: Records Custodian for Vanboskirk Chiropractic Center Within twenty (20) days after service of this subpoena, you are ordered by the court to produce at the offices of Reynolds & Havas, A Professional Corporation, 101 pine Street, Harrisburg, Pennsylvania 17101 the following documents or things relating to Lynn M. Barclay (DOB: 03/30/67: SS No. 164-56-161~includina but not limited to all office records inc1udinQ patient charts. notes. results of dia(~mostic studies. x.-I'ay and/or otl1er films and studies, ohotoQraphs, correspondence qnd all else relatinq to your care and treatment of Ms. Barclay. You may deliver or mai 1 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. YOll 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: stephen L. Banko, Jr. Attorney I.D. No. 41727 Reynolds & Havas 101 pine Street Post Office Box 932 Harrisburg, Pennsylvania 17108-0932 (717) 236-3200 Attorney for Defendants, Kenneth Randolph III and Gary C. Cooper BY 'l'HE COURT: Date: (Seal of the court) 4056-1 (Prothonotary) 5. At all times llIatcrial hcrcto, Dclcndant, Kcnncth Randolph. was opcmting a 1995 Ford Mustang, Maryland registration CNL-77H, oWIHJd by Dcfendant. Gary Cooper (hcreinaner De!cndant's vchiclc) 6. At all timcs matcrial hcrcto, Dcfcndant, Kcnncth Randolph. was operating Defendant's vchiclc with pcrmission frolllthe vchiclc's owncr. Ddcndant. Gary Coopcr. 7 AI all timcs mat(~rial hcrcto, Plaintitl~ Lynn Barclay. was opcrating a 1983 Chevrolet, Pennsylvania Registration NoJ5S74JH4(,(D. owncd by Ms. Barday (hcrcinatlcr Plaintifl's vchicle). 8. On or about July 27. 19%, at approximatcly 11:45 A.M.. l'laintitrs vehiclc was traveling westbound on Ritncr lIighway in Carlislc, Cumberland Count\', Pcnnsylvania. 9. On or about .lull' 27, 1996. at approximately 11:45 A.M.. Defendant. Kenneth Randolph. was attempting to cxit thc Food Lion parking 101 into the westbound lanc of Ritncr Highway in Carlisle. Cumbcrland County. Pcnnsylvania. 10. At approximately that samc timc and placc, Dcfcnchnt. Kcnncth Randolph. suddenly and without warning, attcmptcd to pull Defcndant' s vchidc onto thc westbound lane of Ritncr Highway. II. As 1I direct and proximatc result of thc ncgligcncc of the Defcndant. Kenncth Randolph, Plaintifr sustlllncd cxtcnsivc and scrious pcrsonal injurics requiring mcdical trcatment shOl1ly aner thc collision and continuing to thc prcscnt. 12. Prior to thc afill'cmcntioncd wllision, Plaintit1: Lynn Barclay. had procurcd a policy of' automobilc insurancc through Eric Insurancc. Undcr this policy. Plainti!r elcctcd limited tort rights pursuant to 75 Pa.C.SA * 1705. I J. Pursuant to 75 l'a.C.S.A * 170 I. Plaintitl~ Lynn Barclay. is cntitlcd to seek damages llS ifshe retained full tort rights becnuse she sunered serious personal injmies as a result of the aforementioned collision. Further, Defendant, Kenneth Randolph, wns driving an out-of-state vehicle; thus. Plaintil], is entitled to seck damages as if she retained full tort rights. 14. As a direct and proximate result nfthe negligenc(~ of Defendants, Kenneth Randolph and Gary Cooper. PlaintilI: Lynn Barclay, sustained serious and extensive injuries as set forth more specifically below. COUNT I LYNN BARCLAY v. KENNETH RANDOLPH 15. Plaintiff: Lynn Bal'clay. herein incorporates paragraphs I through 14 of this Complaint into this count as if set forth at length. 16. The occurrence of the aforementioned collision and all of the resultant injuries to Plaintiff. Lynn Barclay. arc the direct and proximate result of negligence, carelessness, or reckle,ssness of the Defendant. Kenneth Randolph. acting solely and/or in conjunction with Defendant, Gary Coop(~r. set forth more specifically as follows: (a) In failing to exercisl' the high degree of care required of an operator ofa motor vehicle: (b) In tlliling to operate a motor vehicle under proper and adequate control in order that he could avoid a collision; (c) In tailing to maintain proper and adequate observation of the traffic conditions then and there existing; (d) Inli,i1ing to yield to the right of way to vehicles when entering II roadwllY, In viollltion of7) PiI.(' SA ~J]24; i1nd (e) Inlililing to drive with due regard I(Jr the safllty of 1111 persons in vlollltlon of 7) Pa.C'.S.A. ~J IOS 17, Ail a direct and pl'Oximate result oftll() negligence of Defendant, Kenneth Randolph, PlaintitT, Lynn Barclay, has sutl'cred exI,'asive and serious personal Injuries, including but not limited to, chronic post-traumatic headaches, cervical strain, and a trapezius strain, These injuries required treatment by liul1ily physician, ncul'Ological e,xamination, physical therapy, and medication, 18. As a result of Det'cndant's m'gligence, Plaintitl', Lynn Barclay, has sull'cred great physical pain, discomfort, and mental anguish, and will continue to endure the same for an Indefinite period of lime in the thture, to her great physical, emotional, and financial detriment and loss, 19, !.s a result of Del'cndant's negligence, Plalntill Lynn Barclay, has been, and probably will in the Illlure be, hindered Ihull attending to her daily duties, 10 her great detriment, loss, humiliation, and mnbarrassmcnt 20, As a result of Det'cndant's negligence, Plaintlll; Lynn Barclay, has incurred medical expenses in order to ameliorate said Injuries, Furthermore, Plaintill; Lynn Barclay, will probably Incur future medical expenses for continued treatment. 21. As a rcsult of Dcfendant' s ncgligence, Plaintitf Lynn Barclay, missed considerable time !1'om work and sufrered a loss of wages: Furthermore, Plaintitl'will probably continue to suffer a loss ofwagcs in the thturc. 22, As a result of Delcndanl's negligcnce, Plaintitl; Lynn Barclay, hilS sutTered a loss of lite's pleasures, and will continue to do the same, to her great detriment and loss, WHEREFORE, Plaintin: Lynnllarclay, sccks damages fhlm Defendant, Kenneth Randolph, in IIn amount in excess of Thirly-t1ve thousand dollars IInd 00/100 ($3S,OOO,OO), exclusive of interests and costs, COlJNT II LYNN BAReLA Y v. GAr{Y COOPER 23, Plaintill; Lynn Barclay, herein incorporates paragraphs I through 22 of this Complaint Into this count as if set tbrth at length, 24, Thc occurrence of the af(lI'el11entioned collision and all of the resultant injuries to Plaintiff, Lynn Barclay, are the direct and proximate result of negligence, carelessness, or recklessness of the Defendant, Gary Cooper, acting solely and/or in conjunction with Defendant, Kenneth Randolph, set forth more specifically as follows: (a) In allowing Detendant, Kenneth Randolph, to operate said vehicle without exercising the high degree of care required of an operator of a motor vehicle; (b) In allowing Detcndant, Kenneth Randolph, to operilte a motor vehicle without proper and adequate control in order that he could avoid a collision; (c) In allowing Defendant, Kenneth Randolph, to operate said vehicle without maintaining propel' and adequate ohservation of the trllmc conditions then and there existing: (d) In allowing Defendant, Kenneth Randolph, to operate said vehicle without exercising I'eafoonabk\ can) In the operation and control of a motor vehicle, in violation ol'7S PaCSA ~3714; (e) In allowing Defendant, Kenneth Randolph, to openlte said motor vehicle without yielding the right of way to vehicles when entering a roadway, in violation of7S Pa.c.S.A ~n24; (I) In allowing Defendant, Kenneth Randolph, to drive without due regard for the safety of all persons, in violation "f' 75 Pa,C,S,A, ~310S, 25, As a direct and proximate result of the negligence of Defendant, Gary Cooper, PlalntitT, Lynn Barclay, has sutTered extensive and serioos personal injuries, including but not limited to, chronic post-traumatic headaches, cervical strain, and a trapezius strain, These injuries required treatment by family physician, neurological examination, physical therapy, and medication, 26, As a result of Defendant's negligence, Plaintin~ Lynn Barclay, has sullered great physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of til11e in the tl1ture, to her great physical. emotional, and tinanc.ial detriment and loss, 27, As a result of Detendant's negligence, Plaintift~ Lynn Barclay, has been, and probably will in the future be, hindered from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 29, As a result of Delendant's negligence, PlaintitT, Lynn Barclay, has inculTed medical expenses in order 10 ameliorate said injlll'ies. Furthermore, 1'laintitT, Lynn Barclay, will probably incur futlll'e medical expenses tbr continued treatment. 6 ", , " If " -';, ,\ ; . '; COMMONWEAt.TII OF PENNSYLVANIA IN ~HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY LYNN BARCLAY, No. 98-3123 civil Plaintiff v. CIVIL ACTION - LAW KENNETH RANDOLPH, III and GARY C. COOPER, Defendants JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF' DEFENDANTS, KENNETH RANDOLPH, III, And GARY C. COOPER, m PLAINTIF.F I S COMPLAltIT 1. Denied. After reasonable investigation Defenctants, Kenneth Randolph, III ("Mr. Randolph") and Gary C. Cooper ("Mr. Cooper"), sometimes hereinafter referred to collectively as Defendants, are without knowledge or information to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. registration number set forth does not appear to be correct. By way of further answer, with respect to any allegation as to the ownership of the vehicle which Plaintiff was operating, after reasonable investigation Defendants are with 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. The out knowledge or information suffioient to form a belief as to the truth of said averment and, therefore, it is denied. 8. Admitted. 9. Admitted. 10. Denied. 11, Denied. The allegations oontained in this paragraph state a legal oonolusion to whioh no response is neoessary. By way of further answer, any allegation that Plaintiff sustained personal injury as a result of the motor vehio1e aooident whioh occurred at the time and place stated in her Complain, after reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. 12. Admitted. 13. Denied. The allegations contained in this paragraph state a legal conr:!usion to which no response is necessary. 14. Denied. The answer contained in paragraph 11 hereof are inoorporated herein by referenoe as if set forth in its entirety. Count I Barolay v. Randolph 15. The answers contained in paragraphs 1 through 14 hereof are inoorporated herein by reference as if set forth in their entirety. ~ 2 ~ 16(a) through (e) Denied. The answer contained in paragraph 12 hereof is incorporated herein by reference as it set forth in its entirety. 17. Denied. The answer oontained in paragraph 12 hereof is incorporated herein by referenoe as if set forth in its entirety. lB. Denied. The answer contained in paragraph 12 hereof is incorporated herein by reference as if set forth in its entirety. 19. Denied. The answer contained in paragraph 12 hereof is incorporated herein by reference as if set forth in its entirety. 20. Denied. The answer contained in paragraph 12 hereof is incorporated herein by reference IHI if set forth in its entirety. 21. Denied. The answer contained in paragraph 12 hereof is .incorporated herein by reference as if set forth in its entirety. 22. Deni,ed. 'rhe answer contained in paragraph 12 hereof is incorporated herein by reference as if set forth in its entirety. WHEREFORE, Defendants, Kenneth Randolph, III and Gary C. cooper, demand judgment in their favor and against Plaintiff. - 3 - , \ Count II Barolay v. Cooper 23. The answer.s oontained in paragraphs 1 through 22 hereof are inoorporated herein by referenoe as if set forth in thaiI' entirety. 24 (a) through (f) Denied. The answer oontained in paragraph 12 he~eof is inoorporated herein by referenoe as if set forth in its entirety. 25. Denied. The answer oontained in par.agraph 12 hereof is incorporated herein by referenoe as if set forth in its entirety. 26. Denied. The answer contained in paragraph 12 hereof is incorporated herein by reference as if set forth in its entirety. 27. Denied. The answer contained in paragraph 12 hereof is incorporated herein by reference as if set forth in its entirety. 28. Plaintiff's Complaint did not include a paragraph number 28. 29. Denied. The answer contai.ned in paragraph 12 hereof is incorporated herein by reference as if set forth in its entirety. 30. Denied. The answer contained in paragraph 12 hereof is incorporated herein by referenoe as if set forth in its entirety. - 4 - ,- I.-q "'.... fl; C'; L: rl: " < ~ , ('/ , --I: Ul' , [ , ;> (,.1 I ~',- (i ~ 1; Ii' .l (';,": , , 'J ('IL' ,-, I ' C.....) : if " r ,I . (....1 ! I~':-;'; 'I' Ii. ('II , ;d(d I , I ,_J!(J.. I l,,-, ;1,t it, (,n U (/'I () N l'1 3 ~ (J) III <( I ~ ~ > > ~ " <(!dN~ J: ..l'1Z o Ill" 01 .. ~ ~ X > ~ 18 Pi 511~;;~~ z 0" , ~ ~ > ~ W ( I ' a: ~ I <( .. I 8 . N Z l'1 o ' 1 ~ . N .. - . " t- .. C