Loading...
HomeMy WebLinkAbout03-1594DARLENE K. JONES, Plaintiff VS. JACLYN M. GINGRICH, Defendant : IN THE COUNTY OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : : : : : ACTION AT LAW : JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT OF LAW. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court you defenses or objections to the claims set forth against you. You are warned that is you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 1-800-990-9108 DARLENE K. JONES, Plaintiff Vo JACLYN M. GINGRICH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ACTION AT LAW JURY TRIAL DEMANDED CO14PLAINT AND NOW, comes the Plaintiff, Darlene K. Jones, by and through her attorneys, Pannebaker and Jones, P.C., and respectfully sets forth as follows: 1. The Plaintiff is Darlene K. Jones, an adult individual currently residing at 910 Greenbriar Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant, Jaclyn M. Gingrich is an adult individual residing at 1325 Scenery Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The facts and occurrences that are herein depicted are related to a motor vehicle accident, which took place on or about April 28, 2002 at approximately 2:45 P.M. at the intersection of Lambs Gap Road and Lexington Drive, Hamden Township, Cumberland County, Pennsylvania. 4. At all times relevant hereto, the Plaintiff, Darlene K. Jones, 'was operating a 2001 Chevrolet Silverado Pickup Truck, Pennsylvania registration YKB-1281. 5. At all times relevant hereto, the Defendant, Jaclyn M. Gingrich was the operator of a 1995 Chevrolet automobile, Pennsylvania registration EPJ-8545, owned by Margaret M. Gingrich, of the same address. 6. At approximately 2:45 P.M. on or about April 28, 2002, the Defendant Jaclyn M. Gingrich was stopped at a stop sign at the intersection of Lexington Drive and Lambs Gap Road facing in an easterly direction. At the same time, the Plaintiff, Darlene K. Jones was operating her vehicle in a southbound direction on Lambs Gap Road. As the Plaintiff proceeded through the intersection of Lambs Gap Road and Lexington Drive, suddenly and without warning, the Defendant pulled out from the stop sign attempting to make a left-hand turn onto Lambs Gap Road colliding with the Plaintiff's vehicle. 7. As a result of the accident, the Plaintiff, Darlene K. Jones suffered serious injuries, including, but not limited to: a. Cervical strain; b. Neck and shoulder pain; c. Swelling and bruising of both forearms; 2 d. Post-traumatic myofacial pain; and e. Severe headaches. 8. As a result of the foregoing injuries sustained by the Plaintiff, she has been required to undergo medical treatment, which medical services were reasonable and necessary. 9. The Plaintiff avers that as a result of injuries sustained and set forth above, she will continue to suffer chronic pain in the effects of her cervical strain and her post- traumatic myofacial pain and will require future medical treatment, for which she will incur additional medical expenses. 10. As a result of the injuries set forth above, the Plaintiff has incurred medical expenses to date and will incur medical expenses in the future, which are or may be in excess of the minimum level of medical benefits required by the Pennsylvania Motor Vehicle Responsibility Law. 11. By reason of the injuries sustained by the Plaintiff as set forth above, the Plaintiff has undergone physical and mental pain and suffering and is advised and therefore avers that she will undergo physical and mental pain and suffering in the future. 12. As a result of the injuries set forth above, the Plaintiff has and will suffer post-traumatic myofacial pain and 3 the effects of her cervical strain and inconvenience in the future resulting in the loss to her of life's enjoyment. 13. As a result of the injuries sustained by the Plaintiff, the Plaintiff avers that she has been totally or partially disabled in the past and may be totally or partially disabled in the future and has therefore sustained wage loss to date in excess of the minimum level of wage loss benefits required by the Pennsylvania Motor Vehicle Responsibility Law and may suffer continued wage loss in the future. 14. The collision which caused the injuries to the Plaintiff, and which is the basis of the within stated cause of action was due to the negligence, recklessness and carelessness of the Defendant, Jaclyn M. Gingrich. 15. The Defendant, Jaclyn M. Gingrich was negligent, reckless and careless in that: a. She failed to keep her vehicle under such control so as to avoid colliding with Plaintiff's vehicle; b. She failed to yield the right-of-way to the Plaintiff as required by the Pennsylvania Motor Vehicle Code, thus causing the collision with Plaintiff's vehicle; 4 c. She failed to keep alert and maintain a proper watch for the presence of Plaintiff's vehicle on the roadway; and d. She failed to drive her vehicle with due regard for the highway and traffic conditions that were existing and of which she was or should have been aware, which failure caused the collision which is the subject of this action. WHEREFORE, Plaintiff Darlene K. Jones requests that judgment be entered in her favor against the Defendant, Jaclyn M. Gingrich for an amount in excess of $25,000.00, plus the costs of this action. :mlh JonesDarlene 17449 Complaint ectfully Submitted: ~baker & Jones, P.C. ....... /fi' Donald L. Jone~,~. Attorney for,~laintiffz ~ I.D. #24415 4000 Vine Street Middletown, PA 17057 Telephone: (717) 944-1333 5 VERIFICATION I verify that the statements made in this COMPLAINT are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A ~4904 relating to unsworn falsification to authorities. Darlene K-. Jones :mlh JonesDarlene 17449 verification DARLENE K. JONES, Plaintiff JACLYN M. GINGRICH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1594 Civil Term ACTION AT LAW JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT TO: Curt Long, Prothonotary Please reinstate the Complaint filed in the above captioned matter. Thank you. Pannebaker & ,Jones, P.C. Attorney for Plaintiff I.D. #24415 4000 Vine Street Middletown, PA 17057 Telephone: (717) 944-1333 :mlh JonesDarlene 17449 Praecipe SHERIFF'S RETURN - REGULAR CASE NO: 2003-01594 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JONES DARLENE K VS GINGRICH JACLYN M GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GINGRICH JACLYN M the DEFENDANT at 1325 SCENERY DRIVE , at 1812:00 HOURS, on the 14th day of May MECHANICSBURG, PA 17055 by handing to JACLYN M GINGRICH a true and attested copy of COMPLAINT & NOTICE together with , 2003 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 22.77 Affidavit .00 Surcharge 10.00 .00 50.77 Sworn and Subscribed to before me this /L~ day of ..... A.D. ~roth~not ary ' So Answers: R. Thomas Kl±ne 05/15/2003 PANNEBAKER & JONES DepUty S~iff John R. Ninosky, Esquire I.D. #78000 GOLDBERG, KATZP~kN & SHIPbU%N, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant DA=RLENE K. JONES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION - LAW : JACLYN M. GINGRICH, : NO. 03-1594 CIVIL TERM Defendant : JURY TRIAL DEMANDED PPJ~ECIPE TO THE PROTHONOTA~RY: PLEASE enter the appearance of the undersigned on behalf of the Defendant, Jaclyn M. Gingrich, in the above-captioned matter. GOLDBERG, KATZMAN & SHIPMAN, P.C. Joh~R. Ni~o~k~, Esquire Attorney I.D. 78000 (717) 234-4161 Attorneys for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same Harrisburg, Pennsylvania, ~f~day of ~ in the United States Mail at with first-class postage prepaid on the , 2003, addressed to the following: Donald L. Jones, Esquire Pannebaker & Jones, P.C. 4000 Vine Street Middletown, PA 17057 Attorneys for Plaintiff 97769.1 GOLDBERG, KATZMAN & SHIPMAN, P.C. Joh~/R~. Ninosky, Esquir~e I.D.#: 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant Telephone: (717) 234-4161 John R. Ninosky, Esquire I.D. #78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant DARLENE K. JONES, : Plaintiff : : VS. : : JACLYN M. GINGRICH, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERL~ID COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1S94 CIVIL TERM JURY TRIAL DEMD/qDED NOTICE TO THE PLAINTIFF: You are hereby notified to plead to the enclosed New Matter within twenty (20) days from the date of service hereof, or a default judgment may be entered against you. GOLDBERG, KATZMAN & SHIPMAN, P.C. Date: Jok4~ R. ~qln6s'k~, EsqUire 320 Market Street P.O. Box ].268 Harrisburg, PA 17108-1268 [717] 234--4161 Attorney ll.D. No. 78000 Attorneys for Defendant John R. Ninosky, Esquire I.D. ~78000 GOLDBERG, KATZb~%N & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant DARLENE K. JONES, : Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW JACLYN M. GINGRICH, : NO. 03-1594 CIVIL TERM Defendant : JURY TRIAL DEMANDED ANSWER WITH KEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Jaclyn M. Gingrich, by and through her counsel, Goldberg, Katzman & Shipman, P.C., who files this Answer With New Matter by respectfully stating the following: 1. Denied. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 1 and the same are therefore denied. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. The averments contained in Paragraph 6 are conclusions of law and fact to which a response is deemed required, denied. (a) no response is required. If the averments contained herein are 7. The allegations of Paragraph 7, including subparagraphs through (e) are denied pursuant to Pa. R.C.P. 1029(e). 8. Denied. The allegations contained in this Paragraph are denied pursuant to Pa. R.C.P. 1029(e) 9. Denied. The allegations contained in this Paragraph are denied pursuant to Pa. R.C.P. 1029(e) 10. Denied. The allegations contained in this Paragraph are denied pursuant to Pa. R.C.P. 1029(e) 11. Denied. The allegations contained in this Paragraph are denied pursuant to Pa. R.C.P. 1029(e) 12. Denied. The allegations contained in this Paragraph are denied pursuant to Pa. R.C.P. 1029(e) 13. Denied. The allegations contained in this Paragraph are denied pursuant to Pa. R.C.P. 1029(e) 14. Denied. The allegations contained in this Paragraph are denied pursuant to Pa. R.C.P. 1029(e) 15. Denied. The allegations contained in 13his Paragraph are denied pursuant to Pa. R.C.P. 1029{e) 2 WHEREFORE, the Defendant respectfully requests that Plaintiff's Complaint be dismissed with prejudice, and that judgment be entered Defendant's favor. NEWMATTER 16. Plaintiff's Complaint fails to state a claim upon which relief may be granted. 17. That this action is subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. ~1701, et seq. 18. Plaintiff's claims and or alleged losses may be limited or barred by the Limited Tort Option pursuant to 75 Pa. C.S.A. ~1705, et seq. 19. That if it should be found that there was any negligence on the part of the Defendant, which ~legligence is expressly denied, any such negligence was not a substantial factor in causing any harm to the Plaintiff. 20. That her Complaint, the negligence barred or diminished in accordance Comparative Negligence Act. if the Plaintiff suffered the injuries alleged in those injuries were caused in whole or in part by of the Plaintiff and to recover in this action is with tke Pennsylvania 3 WHEREFORE, the Defendant respectfully requests that Plaintiff's Complaint be dismissed with prejudice, and that judgment be entered Defendant's favor. Respectfully submitted, GOLDBERG, KAT~ & SHIPMAN, P.C. Date: July 2, 97776.1 2003 Joh Ninosky, Esquire Attorney I.D. 78000 320 Market Street Harrisburg, PA 17108-1268 Attorneys for Defendant 4 VERIFICATION I, Jaclyn M. Gingrich, have read the foregoing and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. a~l~n ~. Gingric~ J DATE: 97777.1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the ~ day of ~M , 2003, addressed to the following: Donald L. Jones, Esquire Pannebaker & Jones, P.C. 4000 Vine Street Middletown, PA 17057 Attorneys for Plaintiff 97769.1 GOLDBERG, KATZMAN & SHIPMAN, JohJ/R. N'J_n~sk~, EsqUire I.D.#: 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant Telephone'.: (717) 234-4161 P.e. DARLENE K. JONES, Plaintiff JACLYN M. GINGRICH, Defendant · IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-1594 CIVILTERM : : ACTION AT LAW : JURY TRIAL DEMANDED 16. required. 17. required. 18. required. 19. required. 20. required. ANSWER TO NEW MATTER The averment constitutes a conclusion of law to which no answer is The averment constitutes a conclusion of law to which no answer is The averment constitutes a conclusion of law to which no answer is The averment constitutes a conclusion of law to which no answer is The averment constitutes a conclusion of law to which no answer is WHEREFORE, the Plaintiff requests judgment in her favor and against the Defendant with costs of this action. R/0~ff~fully Submitted: f/"Panneb~ker & Jones, p.C. Donald L. dories, Esj;~e Attorney for Plaintiff I.D. #24415 4000 Vine Street Middletown, PA 17057 Telephone: (717) 944-1333 :mlh JonesDarlene 17449 AnsNewMatter VERIFICATION I verify that the statements made in this ANSWER TO NEW MATTER are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A §4904 relating to unsworn falsification to authorities. Darlene K. Jones CERTIFICATE OF SERVICE A copy of the foregoing Answer to New Matter has been served upon the Defendant by sending a copy to her attorney of record: John R. Ninosky GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street, Strawberry Square Po Box 1268 Harrisburg, PA 17108-1268 by depositing same in the United States mail, postage prepaid, in Middletown, Pennsylvania, this /'~ dayof ~7~z~ ,2003. PANNEBAKER AND JONES, P.C. Attorneys for Plaintiff ~nald~L. Jo~e~/~uire I.D.# 24415 ~ 4000 Vine Street Middletown PA 17057 (717} 944-1333 DARLENE K. JONES, Plaintiff JACLYN M. GINGRICH, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-1594 CIVIL TERM : : ACTION AT LAW : JURY TRIAL DEMANDED PRAECIPE Please withdraw the appearance of Parmebaker & Jones, P.C. and enter the appearance of Donald L. Jones, Esquire, Jones & Henninger, P.C. as attorneys for the Plaintiff, Darlene K. Jones in the above-captioned matter. Respectfully Submitted, JONES & HENNINGER, P.C. 905 West Governor Road Suite 330 Hershey, PA 17033 (717) 533-7113 Fax (717) 533-7233 PANNEBAKER & JONES, P.C. By: B~~aker ' James ID No. 09667 4000 Vine Street Middletown, Pa 17057-3596 (717) 944-1333 Fax (717) 944-4004 : mst jones v. gingrich CERTIFICATE OF SERVICE A copy of the foregoing Praecipe has been served upon the Defendant by sending a copy to the attorney of record: John R. Ninosky GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street, Strawberry Square Po Box 1268 Harrisburg, Pa 17108-1268 by depositing same in the United States mail, postage prepaid, in Middletown, Permsylvania, this ~ day of ~ ,2004. JONES & HENN1NGER, P.C. Attorneys for Plaintiff ID No. 24415 905 Governor Road Suite 330 Hershey, Pa 17033 (717) 533-7113 : mst jones v. gingrich PRAECIPE FOR LISTING CASE FOR TRIAL'COuRT (Must be typewritten and suk~itted in duplicate) TOT HE PROTHONOTARY OF CUMBE~ COUNTY Please list the following case: (Check one) (XX) for JURY trial at the next term of civil court. ( ) for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) DARLENE K. JONES, (Plaintiff) vs. Jaclyn M. Gingrich (Defendant) vs. ( check one ) (X) Civil Action - Law ( ) Appeal from Arbitration ( ) (other) The trial list will be called on April 6, and Trials co~a~nce on May 3, 2004 Pretrials will be held on April 14, 2004 (~riefs are due 5 days before pretrials. ) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) 004 NO. 1594 Indicate the attorney who will try case Donald L. Jones, Esq. Civil Term 2003 for the party who files this praecipe: Indicate trial counsel for other parties if known: John R. Ninosky, Esq. This case is ready for trial. Date, Print Name: Donald" L. Jones At torney for: Plaintiff I.D. #78000 GOLDBERG, KATT-~L~N & SHIPMAN, P.C. 320 Mmic~t Smut P.O. Box 1268 Han'isbu~g, PA 17108-1268 (717) 234-4161 Counsel for Defendant, Jaclyn M. Gingfich DARLENE K. JONES, Plaintiff JACLYN M. GINGRICH, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 03-1594 CIVIL TERM : CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTWICATE PREREOUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.;~ As a prerequisite to service ora subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice Of Intent, including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoenas has been received,, the twenty day waiting period was waived; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. GOLDBERG, KATZMAN & SHIPMAN By. John R. Ninosky, Esquire I.D. No. 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 Attorneys fi~r Defendant Date: CERTIFICATE OF SERVICE I HERF. RY CERTIFY that I served a tree and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, onthe ~9~ dayof ~z~-c t~ ,2004, addressed as follows: Donald L. Jones, Esquire Pannebaker & Jones, P.C. 4000 Vine Street Middletown, PA 17057 By GOLDBERG, KATZMAN & SHIPMAN, P.C. John R. Ninosky, Esquire I.D. #78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 John R. Ninosk3' I.D. #78000 GOLDBERG, K~TZMAN & SHIPMAN, P.C. 320 Market Steer P.O. Box 1268 Hlm-isburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant, Jaclyn M. Gingdch DARLENE K. JONES, Plaintiff JACLYN M. GINGRICH, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA . : NO. 03-1594 CIVIL TERM : CIVIL ACTION - LAW : JURY TRLM., DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 To: Donald L. Jones, Esquire Jones & Henninger, P.C. 905 West Governor Road, Suite 330 Hershey, PA 17033 PLEASE TAKE NOTICE that Defendant intends to serve five subpoenas identical to the ones that are 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 subpoenas. If no objection is made, the subpoenas may be served. GOLDBERG, KATZMAN & SHIPMAN By John R. Ni~msky, Esquire I.D. No. 78;000 320 Marke~L Street P.O. Box 1268 Harrisburg,. PA 17108 Attorney for Defendant Date: %/,~/0~/ CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, certified, postage prepaid, at Harrisburg, Pennsylvania, on the I'~ day of fl/cc i'C jfi , 2004, addressed as follows: Donald L. Jones, Esquire Jones & Henninger, P.C. 905 West Governor Road, Suite 330 Hershey, PA 17033 By GOLDBERG, KATZMAN & SHIPMAN, P.C. John R. Ninosky, Esquire I.D. #78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DARLENE K. JONES Plaintiff v. JACLYN M. GINGRICH, Defendant CIVIL ACTION-LAW NO: 03-1594 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE! 4009 22 TO: Physicians of Rehabilitation, Industrial & Spine Medicine (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you am ordered by the court to produce the following documents or things: any and all medical records, moo~Is, correspondence, diaanostic test results oertainin~ to Dadene K. Jones SSN: 184-48-7537 DOB: 6/17/57 at Goldberg, Katzman & Shipman, P.C., 320 Market Street, P.O. Box 1268, Harrisburg, PA 17108-1268. 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: ADDRESS: TELEPHONE: SUPREME COURT ID # John R. Ninosky, Esquire 320 Market Street, P.O. Box 1268 Harrisbum. PA 17108-1268 {717) 234-4161 78000 DATE: BY THE COURT: Prothonotary/Clerk, Civil Division ~ ~_ Deputy (Eft. 7/97) COMMONVVEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DARLENE K. JONES Plaintiff V. JACLYN M. GINGRICH, Defendant CIVIL ACTION-LAW NO: 03-1594 : : : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE'. 4009.22 TO: Holy Spirit Hospital (Name of 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: any and all medical records, reports, correspondence, diaf:lnostic test results pertainin~l to Dadene K. Jones SSN: 184-48-753,7 DOB: 6/17/57 at Goldberg, Katzman & Shipman, P.C., 320 Market Street, P.O. Box 1268, Harrisburg, PA 17108-1268. 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: ADDRESS: TELEPHONE: SUPREME COURT ID # John R. Ninosk¥, Esquire 320 Market Street, P.O. Box 1268 Har~sbu~, PA 17108-1268 (717) 234-4161 78000 BY THE COURT: Proth-oh(~ta~/clerk, Civil Division - (_. Deputy- DATE: (Eft. 7/97) COMMONWEALTH OF PENNSYLVA ~IIA cOUNTY OF CUMBERLAND DARLENE K. JONES Plaintiff v. JACLYN M. GINGRICH, Defendant CIVIL ACTION-LAW NO: 03-1594 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THING~ FOR DISCOVERY PURSUANT TO RULE! 4009.22 TO: Good Hope Family Physicians (Name of 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: any and all medical records, reports, con-espondence, diagnostic test results portainin¢l to Darlene K. Jones SSN: 184-48-7537 DOB: 6/17/57 at Goldbepg, K,u;-,,~an & Shipman, P.C., 320 Market Street, P.O. Box 1268, HaHi~rg, PA 17108 1268. 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 fight 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 .,~ubpoena 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: ADDRESS: TELEPHONE: SUPREME COURTID# John R. Ninosky, Esquire 320 Market Street, P.O. Box 1268 . Harfisbuq:h PA 17108-1268 (717) 234-4161 78000 BY THE COURT: pm~(~-~aa~y/Clei% Civil Division ~ ~ - (.~ Deputy Seal of the Court (Eft. 7197) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DARLENE K. JONES Plaintiff v. JACLYN M. GINGRICH, Defendant CIVIL ACTION-LAW NO: 03-1594 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS ,OR THINGS FOR DISCOVERY PURSUANT TO RULE-' 4009.22 TO: Healthsouth Rehabilitation Center of Mechanicsbu~ (Name of 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: any and all medical records, reports, correspondence, dial;Inostic test re_.~dt-~ Dertainin{3 to Dadene K. Jones SSN: 184-48-7537 DOB: 6/17/57 at Goldbepg, Ka[/.man & Shipman, P.C., 320 Market Street, P.O. Box 1268, H..;=burg, PA 17108-1268. 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: ADDRESS: TELEPHONE: SUPREME COURT ID # John R. Ninosky, Esquire 320 Market Street, P.O. Box 1268 Harrtsbu~, PA 17108-1268 (717) 234-4161 78000 DATE: _~.=,~.~1~ (~ 0 ~' Seal of the Court ' / BY THE COURT: Pro~o~o{~ry/Cl~rk, Ci~,il bivision ~ ~ ~ep~y (Eft. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DARLENE K. JONES Plaintiff v. CIVIL ACTION-LAW JACLYN M. GINGRICH, NO: 03-1594 Defendant : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE-' 4009.22_ TO: Community Osteopathic Hospital (Name of 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: any and all medical records, reports, correspondence, dia~:lnostic test results pertainin= to Dadene K. Jones SSN: 194-48-7537 DOB: 6/17/57 at Goldberg, Katzman & Shipman, P.C., 320 Market Street, P.O. Box 1268, Harrisburg, PA 17108 1268. 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 .,~ubpoena 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: John R. Ninosky, Esquire ADDRESS: 320 Market Street, P.O. Box 1268 Harrisburg, PA 17108-1268 TELEPHONE: (717) 234-4161 SUPREME COURT ID # 78000 Seal of the Court BY THE COURT: Prothonot~-rylCl~rk, Civil-Division- (Eft. 7/97) '. o.,r':' } ,, ~r~, Darlene K. Jones V Jaclyn M. Gingfich IN THE COURT OF COMMON PLEAS OF CUMBER_LAND COUNTY, PENNSYLVANIA NO. 03-1594 CIVIL TERM ORDER OF COURT AND NOW, April 8, 2004, by agreement of counsel, the above captioned case is hereby removed from the May 3, 2004 trial term. Counsel is directed to relist the case when ready. Donald L. Jones, Esquire For the Plaintiff John R. Ninosky, Esquire For the Defendant Court Administrator By the Court, ld Johnson, Duffle, Stewart & Weidner By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attomeys for Defendant DARLENE K.. JONES, Plaintiff V, JACLYN M. GINGRICH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03..1594 CIVIL ACTION - LAW JURY TRIAL DEMANDED TO: CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 Donald L. Jones, Esquire Jones & Henninger, P.C. 905 West Governor Road, Suite 330 Hershey, PA 17033 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at lest twenty days prior to the date on which the subpoenas were sought to be served; A copy of the Notice of Intent including the proposed subpoenas, is attached to this (2) Certificate: (3) No objection to the subpoenas has been received; the twenty day waiting period for objections was waived; (4) The subpoenas to be served are identical to the sub, poenas attached to the Notice Of Intent. JOHNSON, DUFFLE, STEWART & WEIDNER By: John P~Ngn"~!i, Attorney I.D. No. 78000 v 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (7171) 761-4540 Attorneys for Defendant Date: .,~ / ~/<~/-/ CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, on the .~ ~'~ day of ~ 0.y ,2004 addressed as follows: Donald L. Jones, Esquire Jones & Henninger, P.C. 905 West Governor Road, Suite 330 Hershey, PA 17033 JOHNSON~IE, STEWART& WEIDNER John' R. Ninosky, Esquire v Attorney I.D. No. 78000 301 Market Stre,et P.O. Box 109 Lemoyne, PA 1'7043-0109 Telephone (717) 761-4540 Attorneys for Defendant Johnson, Duffle, Stewart & Weidner By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant DARLENE K. JONES, Plaintiff V. JACLYN M. GINGRICH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBFRLAND COUNTY, PENNSYLVANIA NO. 03.-1594 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCF DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Donald L. Jones, Esquire Jones & Henninger, P.C. 905 West Governor Road, Suite 330 Hershey, PA 17033 PLEASE TAKE NOTICE that Defendants intend to serve one 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 records and serve upon the undersigned objections to the subpoena. If no objections are made, the subpoena may be served. JOHNSON, FIE, STEWART & WEIDNER By: ~' v John R. Ninosky, Esquire Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant CERTIFICATE OF SERVICF I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of records by depositing the same in the United States Mail, certified postage prepaid, at Lemoyne, Pennsylvania, on the ~,t day of /~r/'}r', j ,2004, addressed as follows: Donald L. Jones, Esquire Jones & Henninger, P.C. 905 West Governor Road, Suite 330 Hershey, PA 17033 !~ V By: John R. Ninosky, Esquire Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant 227687 Darlene Jaclyn M. Jones, Gingrich, COMMONWEALTH OF PENNSYLVANIA COUNTY OFCUMBERLAND Plaintiff Defendant : File No. 0 3 - 1 5 9 4 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. James L. Shaer of Orthopaedic Surgeons of Eentral Psnnsylvania (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doeumenm or things: correspondence, Oiagnostic test at Johnson, Duffle. Stewart. Wmidnmr~ qO] 'Mnv-lr~- e~- '(Address) ......... ' P.O. BOX 109 ,, 5emoyne.,_ PA,,17043-0109 You may dehver or mail legible copies of the documenm or ]produce mings requesma Dy uns subpoem, together with the certificate of compliance, to the pm-~y making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producthg 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. THISSUBPOENA WASISSUED AT THEREQUEST OF THEFOLLOWING PERSON: NAME: John R. Ninosky, Esquire ADDRESS: 301 Market St.~ P.0. Box 109 Lemoyne, Pa 17043-0109 TELEPHONE: 717-761-4540 SUPREME COURT ID # 78000 ATTORNEY FOR: ~ Date: DD_~ OfF' $~dl of the--Cour~ Prothonotary, Civil Division t~ (-- Depu~ pR,._,CIPE FOR LISTING CASE FOR _RIAL couRT COPY (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF cUMBE~ COUNTY Please list the following case: (Check one) (XX) for JURY trial at the next term of civil court. ( ) for trial without a jury. .~APTION OF CASE (check one ) ',entire caption must be stated in full) ~{X ) civil Actio~.~ .Law~ ( ) Appeal from l%rb.itr~ion ( ) ( other)' DARLENE K. JONES (Plaintiff) vs. Jaclyn M G~eq~t) vs. The trial list will. be called on . August 10,. and Trials ccarnence on ,Sept .er~ber 13, 2004 Pretrials will be held on August 18, 200 (Briefs are due 5 days before pretrials."~ (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1. ) .;004 No. 1594 Indicate the attorney who will try case Donald L. Jones Es~z_ Civil Term 2003 for the party who files this praecipe: Indicate trial counsel for other parties if known: John R. Ninosky, Esq. This case is ready for trial. Print Name: Attorney for: Plaintiff %13 DARLENE K. JONES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JACLYN M. GINGRICH, : Defendant : NO. 03-1594 CIVIL TEP~ PRETRIAL CONFERENCE AND NOW, this 18th day of August, 2004, befQ~iEd~r ~i B. Bayley, Judge, present for the plaintiff was Donald L? J~nes," Esquire, and for the defendant, John R. Ninosky, Esquire. Plaintiff agreed at the pretrial conference to limit her claim to the arbitration limit of $25,000.00. Accordingly, the case praecipe is stricken from the the case for arbitration. /" By thg~ Court Donald L. Jones, For Plaintiff Esquire trial list. Counsel should John R. Ninosky, Esquire For Defendant prs Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 30f Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant DARLENE K. JONES, Plaintiff JACLYN M. GINGRiCH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1594 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: John R. Ninosky, Esquire, counsel for the Defendant in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $25,000. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: John R. Ninosky, Esquire, and Donald L. Jones, Esquire. WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. JOHNSON, DUFFLE, STEWART & WEIDNER BY:jo . mos y, squ~re Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Email: jrn@jdsw.com Attorneys for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of records by depositing the same in the United States Mail, certified postage prepaid, at Lemoyne, Pennsylvania, on the cw'~,--~ day of ,~,/J~.~ ,2004, addressed U as follows: Donald L. Jones, Esquire Jones & Henninger, P.C. 905 West Governor Road, Suite 330 Hershey, PA 17033 :234341.1 JOHNSON, DUFFLE, STEWART & WEIDNER Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant DARLENE K. JONES, Plaintiff JACLYN M. GINGRICH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1594 CIVIL TERM : CIVIL ACTION - LAW : JURY TRIAL DEMANDED ORDER OFCOURT , AND NOW,/~.z ~,z.'//~ 7,2004, in consideration of the foregoing petition, ~~ , Esquire, y~2~/..~,E.~ ~;~__--//~ , Esquire, and ~.~ ~r~ , Esquire, are apPointed arbitrators in the above- captioned a~ion. BY THE COURT: '~noD o~ ~ .~o) uo!lo~ pouo!ld~o OAoq~ oq{ U! s,omq!q.m polu!odd~ ~ ,.bsH ," ,.bsH -. oq{ jo uou~,~p!suo~ u!" 61 ' uoj po,(~,d s~ (suo!{~ pu~ "bsH 'uo!{!l~d 'A~ON GNV 'pol}!tuqns aq ll~qs os~a aql moqax o{ s~om.mq.m (g) aa~q{ {modd~ o{ ~noD olq~.~ouoH ~no,( s,(~.~d.~ouo~l~{ad .mo,( :~}[flOD GIVS dO S~{DOFIf ~IHI, '~"IIIV'dONOH ~ O,L S~IO&V~I&IS~IV ~IO .tlq~l~NlOddV ~I0~1 N!OI,I.IJL3I~I :uuoj 8u!nxOIlOt oql u! ~lle!ltmlsqns aq ll~qs s.~om,l!q.~¥ jo matult,!oddv joj uo!l!lod OtLL 'I'glg[ : : ' HDI~DNID 'N P6g t-£O 'ON dO ~¥~Kld NO~INOD dO J~tFIOD ~ NI Plaintiff ~Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. ~ - \~ct c~ Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our offic~ with fidelity. gna e (~ Signature Sign Name (Chairman) Name Law Firm Law Firm Address Address City, Zip Ci~, Zip Name Law Firm Address Z~p Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) · Arbitrator, ctissents. (Insert name if applicable.) Date of Hearing: ~2,- ~.-- (3~-t Date of Award: ~I~ - ~ - ~q- Notice of Entry of Award Now, the ~ day of ~r,~-Jc"~&, 20 O ~ , at ,.?;/,4 , _~.M., the above award was entered upon the docket and notice thereof given by mail to the parties or th{eir attorneys. Arbitrators' compensation to be paid upon appeal: $ DARLENE K. JONES, Plaintiff V. JACLYN M. GINGRICH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1594 CIVIL TERM JLIRY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Kindly mark the docket SETTLED and DISCONTINUED with PREJUDICE. Date: 233083 Respectfully submitted, NINGER, P.C. ~; ~e sLi 'G°on,~'n oE: o~ad Suite 330 Hershey, PA 17033 Telephone (717) 533-7113 Attorneys for Plaintiff