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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
HELEN P. FULTZ,
CIVIL ACTION - LAW
Plaintiff
v.
NO. 01 - ~ 91'7
C iu~ l ~0Lrv]
JOYCE M. TIMMONS,
Defendant
JURY TRIAL DEMANDED
NOTICE TO DEFEND
You have been sued in court. 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 your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and 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.
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YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
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Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
230550.11RASIMLB
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
HELEN P. FULTZ,
CIVIL ACTION - LAW
Plaintiff
v.
NO.
JOYCE M. TIMMONS,
Defendant
JURY TRIAL DEMANDED
NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo aI partir de la fecha de la
demanda y la notificacion, Usted debe presentar una apariencia escrita 0 en persona 0 por abogado
y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su
persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden
contra usted sin previo aviso 0 notificacion y por cualquier queja 0 aIivio que es pedido en la
peticion de demanda. U sted puede perder dinero 0 sus propiedades 0 otros derechos importantes
para usted.
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LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TlENE
ABOGADO 0 SI NO TlENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA
EN PERSONA 0 LLAME POR TELEPFONO A LA OFICINA CUY A DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
(800) 990-9108
231038.1 IRASIMLB
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
HELEN P. FULTZ,
CIVIL ACTION - LAW
Plaintiff
v.
NO. 01- .;L'f7Q ~ I.L<---
JOYCE M. TIMMONS,
Defendant
JURY TRIAL DEMANDED
COMPLAINT
I. Plaintiff Helen P. Fultz is an adult individual and citizen of the Commonwealth of
Pennsylvania, who resides at 347 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania.
2. Defendant Joyce M. Timmons is an adult individual and citizen of the
Commonwealth of Pennsylvania who resides at 5430 Oxford Drive, Mechanicsburg, Cumberland
County, Pennsylvania.
3. The facts and occurrences hereinafter related took place on or about January 23,
2000, at approximately 7:02 p.m. near the intersection of Carlisle Pike and Lambs Gap Road, in
Mechanicsburg, Cumberland County, Pennsylvania.
4. At that time and place, Plaintiff Helen P. Fultz was a right, front seat passenger in a
vehicle being operated by Matthew Shindel.
5. At that time and place, the Shindel vehicle was traveling westbound in the right
travel lane on the Carlisle Pike, Cumberland County, Pennsylvania.
6. At that time and place, Defendant Joyce M. Timmons was operating a 1993 Honda
Accord LX on Lambs Gap Road, Cumberland County, Pennsylvania.
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7. At that time and place, traffic intending to enter the Carlisle Pike from Lamps Gap
Road is controlled by a yield sign.
8. At that time and place, Defendant Joyce M. Timmons failed to yield the right-of-
way to oncoming traffic, made a right turn onto the Carlisle Pike, entered the Shindel vehicle's lane
of travel, and collided with the Shindel vehicle, causing it to spin
9. The foregoing accident and all of the injuries and damages set forth hereinafter
sustained by Plaintiff Helen P. Fultz are the direct and proximate result of the negligent, careless,
wanton and reckless manner in which Defendant Joyce M. Timmons operated her motor vehicle as
follows:
(a)
(b)
(c)
(d)
(e)
(t)
(g)
(h)
230550.1 \RASIMLB
failure to keep alert and maintain a proper watch for the presence of other
motor vehicles on the highway;
failure to stay within her lane of travel;
failure to travel at a safe speed;
failure to yield the right-of-way to the Shindel vehicle;
failure to keep a proper watch for traffic on the highway;
failure to drive her vehicle with due regard for the highway and traffic
conditions which were existing and of which he was or should have been
aware;
failure to keep proper and adequate control over her vehicle; and
driving her vehicle upon the highway in a manner endangering persons and
property and in a reckless manner with careless disregard to the rights and
safety of others and in violation of the Motor Vehicle Code of the
Commonwealth of Pennsylvania.
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] O. Plaintiff Helen P. Fultz sustained painful and severe injuries which include but are
not limited to sternal fracture, cervical hyperextension injury, cervical, thoracic and lumbar
strain! sprain.
I!. By reason of the aforesaid injuries sustained by Plaintiff Helen P. Fultz, she was
forced to incur liability for medical treatment, medications, hospitalizations and similar
miscellaneous expenses in an effort to restore herself to health, and claim is made therefor.
]2. Because of the nature of her injuries, Plaintiff Helen P. Fultz has been advised and,
therefore, avers that she may be forced to incur similar expenses in the future, and claim is made
therefor.
13. As a result of the aforementioned injuries, Plaintiff Helen P. Fultz has undergone
and in the future will undergo great physical and mental suffering, great inconvenience in carrying
out her daily activities, loss oflife's pleasures and enjoyment, and claim is made therefor.
]4. As a result of the aforesaid injuries, Plaintiff Helen P. Fultz has been and in the
future will be subject to great humiliation and embarrassment, and claim is made therefor.
15. As a result of the aforementioned injuries, Plaintiff Helen P. Fultz has sustained
work loss, loss of opportunity and a permanent diminution of her earning power and capacity, and
claim is made therefor.
]6. As a result of the aforesaid injuries, Plaintiff Helen P. Fultz has sustained
uncompensated work loss, and claim is made therefor.
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17. Plaintiff Helen P. Fultz continues to be plagued by persistent pain and limitation and,
therefore, avers that her injuries may be of a permanent nature, causing residual problems for the
remainder of her lifetime, and claim is made therefor.
WHEREFORE, Plaintiff Helen P. Fultz demands judgment against Defendant Joyce M.
Timmons in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00), exclusive of
interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration.
A.S
281
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791
Counsel for Plaintiff
Date: May 15, 2001
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VERIFICATION
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I, Helen)f. Fultz, Plaintiff, have read the foregoing PLAINTIFF'S COMPLAINT and do
hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my
knowledge, information and belief. I Wlderstand that this Verification is made subject to the
penalties of 18 Pa.C.S.A. Section 4904, relating to Wlswom falsification to authorities.
Wi es
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYL VANIA
HELEN P. FULTZ,
CIVIL ACTION - LAW
Plaintiff
v.
NO. 2001-2979
JOYCE M. TIMMONS,
Defendant
JURY TRIAL DEMANDED
PLAINTIFF'S POINTS FOR CHARGE
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AND NOW comes Plaintiff, by and through her attorneys, Angino & Rovner, P.C., and
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provide the following jury instructions which she moves the Court to read to the jury.
ANGINO & ROVNER, P.C.
RicH d A. Sadlock e
l.D. No. 47281
4503 North Front Street
Harrisburg, PA 17110
(717) 238-6791
Counsel for Plaintiff
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230550.llRASIMLB
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1.
Based on the evidence and applicable law in this case and the Defendant's admission
of liability, I hereby direct you to return a verdict finding Joyce M. Timmons negligent, and thus,
liable to Plaintiff for her injuries in an amount of monetary damages which you will determine by
applying the law of monetary damages, which I will explain to you in detail, to the evidence which
you have heard, r~~ - - RJ. ~eJ
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2. In order for the Plaintiff to recover in this case, the Defendant's negligent conduct
must have been a substantial factor in bringing about the 11 ~ ~l ~his is what the law recognizes
as legal cause. A substantial factor is an actual, real factor, although the result may be unusual or
unexpected, but is not an imaginary or fanciful factor or a factor having no connection or only an
insignificant connection with the accident.
Pa. SSJI (Civ) 3.25; Whitnerv. Loieski, 437 Pa. 448, 263 A.2d 889 (1970).
245256.1 IRASIMLB
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Under Pennsylvania law, the negligent party is liable for all damages which
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ordinarily and in the natural course of events have resulted from the commission of the original
negligent act.
Frank v. Volkswagenwerk, A. G. of West Germanv, 522 F.2d 321,323 (3d Cir. 1975); Simmons v.
Mullen, 231 Pa. Super. 199,331 A.2d 892 (1974).
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4. In civil cases such as this one, the Plaintiff has the burden of proving those
contentions which entitle her to relief.
When a party has the burden of proof on a particular issue, his contention on that issue must
be established by a fair preponderance of the evidence. The evidence establishes a contention by a
fair preponderance of the evidence if you are persuaded that it is more probably accurate and true
than not.
To put it another way, think, if you will, of an ordinary balance scale, with a pan on each
side, Onto one side of the scale, place all of the evidence favorable to the Plaintiff; onto the other,
place all of the evidence favorable to the Defendant. If, after considering the comparable weight of
the evidence, you feel that the scales tip, ever so slightly or to the slightest degree, in favor of the
Plaintiff, your verdict must be for the Plaintiff. If the scales tip in favor of the Defendant, or are
equally balanced, your verdict must be for the Defendant.
In this case, the Plaintiff has the burden of proving the following propositions: that the
Defendant was negligent, and that that negligence was a substantial factor in bringing about the
accident. If, after considering all of the evidence, you feel persuaded that these propositions are
more probably true than not true, your verdict must be for the Plaintiff. Otherwise, your verdict
should be for the Defendant.
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2 A.2d 251 (1963); Reist v. Manwiller,
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5. You will recall that Lee S. Segal, M.D. gave testimony of his qualifications as an
expert in the field of orthopedics.
A witness who has special knowledge, skill, experience, training or education in a particular
science, profession or occupation may give his opinion as an expert as to any matter in which he/she
is skilled. In determining the weight to be given to his opinion, you should consider the
qualifications and reliability of the expert and the reasons given for his opinion. You are not bound
by an expert's opinion merely because he is an expert; you may accept or reject it, as in the case of
other witnesses, Give it the weight, if any, to which you deem it entitled.
Pa. SSJI (Civ) 5.30.
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6. You will recall that Chris Tumpaugh, D.C. gave testimony of his qualifications as an
expert in the field of chiropractics.
A witness who has special knowledge, skill, experience, training or education in a particular
science, profession or occupation may give his opinion as an expert as to any matter in which he/she
is skilled. In determining the weight to be given to his opinion, you should consider the
qualifications and reliability of the expert and the reasons given for his opinion. You are not bound
by an expert's opinion merely because he is an expert; you may accept or reject it, as in the case of
other witnesses. Give it the weight, if any, to which you deem it entitled.
Pa. ssn (Civ) 5.30.
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7. You will recall that Michael H. Innes, D,C. gave testimony of his qualifications as
an expert in the field of chiropractics.
A witness who has special knowledge, skill, experience, training or education in a particular
science, profession or occupation may give his opinion as an expert as to any matter in which he/she
is skilled. In determining the weight to be given to his opinion, you should consider the
qualifications and reliability of the expert and the reasons given for his opinion. You are not bound
by an expert's opinion merely because he is an expert; you may accept or reject it, as in the case of
other witnesses. Give it the weight, if any, to which you deem it entitled.
Pa. ssn (Civ) 5.30.
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8. The number of witnesses offered by one side or the other does not, in itself,
determine the weight of the evidence. It is a factor, but only one of many factors which you should
consider. Whether the witnesses appear to be biased or unbiased; whether they are interested or
disinterested persons, are among the important factors which go to the reliability of their testimony.
The important thing is the quality of the testimony of each witness. In short, the test is not which
side brings the greater number of witnesses or presents the greater quantity of evidence; but which
witness or witnesses, and which evidence, you consider most worthy of belief. Even the testimony
of one witness may out weigh that of many, if you have reason to believe his testimony in
preference to theirs. Obviously, however, where the testimony of the witnesses appear to you to be
of the same quality, the weight of numbers assumes particular significance.
Pa. SSJI (Civ) 5.03,
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If you find that the Defendant is liable to the Plaintiff, you must then find an amount
of money damages which you believe will fairly and adequately compensate the Plaintiff for all the
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physical .....J' Jj ,ial injury she has sustained as a result of the accident. The amount which you
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award today must compensate the Plaintiff completely for damage sustained in the past, as well as
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damage the Plaintiff will sustain in the future.
Pa. SSJI (Civ) 6.00; Miller v. Weller, 288 F.2d 438 (3d Cir. 1961); Frankel v. United States, 321 F.
Supp. 1331 (B.D. Pa. 1970), affd, 466 F.2d 1226 (3d Cir. 1972).
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10. The broad term "pain and suffering" includes a wide range of not only physical, but
also emotional reactions to injuries and their consequences. In calculating damage for pain and
suffering, you may place a value on the following:
(a)
Mental pain and distress;
(b) Emotional suffering;
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(c) Anxiety;
(d)
(e)
Frustration; and
Loss of the feeling of well-being.
Niederman v. Brodskv, 436 Pa. 401,261 A.2d 84 (1970); Walsh v. Brodv, 220 Pa. Super. 293, 286
A.2d 666 (1971); Corcoran v. McNeal, 400 Pa. 14, 161 A.2d 367 (1960).
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II. The Plaintiff is entitled to be fairly and adequately compensated for such physical
pain, mental anguish, discomfort, inconvenience and distress as you find she has endured, from the
time of the accident until today. ~ ~ ()J~ ~
Pa. SSJI (Civ) 6.0IE; Niederman v. Brodsky, 436 Pa. 401, 261 A.2d 84 (1970); Boggavarapu v.
Ponist, 518 Pa, 162,542 A.2d 516 (1988).
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d suffering, you should c
12.
In evaluating the amount to be aw
that the infliction of pain means taking fr
namely health and well-being -- and
. s loss to the extent
that loss may be calculated in mo y damages.
Corcoran v. McNeal,
A.2d 777 (1961); Di
o Pa. 14, 161 A.2d 367
. acchio v. Rockcraft Stone
m son v. Iannuzzi, 403 Pa. 329, 169
0.,424 Pa. 77, 225 A.2d913 (1967).
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13. The Plaintiff is entitled to b airly and adequately compensated for such physical
pain, mental anguish, discomfort, inc venience and distress as you believe she will endure in the
future as a result of her injuries.
Pa. SSJI (Civ) 6.0lF' urohv v. Tavlor, 440 Pa. 186,269 A.2d 4 6 970); Cunningham v. Davis,
688 F. Supp. 1030 .D, Pa. 1988).
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14. If you find that the Plaintiffs injuries will continue beyond today, you must
determine the lift: expectancy of the Plaintiff. According to statistics compiled by the United States
Department of Health, Education and Welfare, the average life expectancy of all persons of the
Plaintiffs age at the time of accident, sex and race was 63.2 years. This figure is offered to you only
as a guide, and you are not bound to accept it if you believe that the Plaintiff would have lived
longer or less than the average individual in ~lher category. In reaching this decision you are to
consider the Plaintiffs health prior to the accident, her manner of living, her personal habits and
other factors that may have affected the duration of her life.
Pa. ssn (Civ) 6.21; Rosche v. McCov, 397 Pa. 615, 156 A.2d 307 (1959); Messer v. Beighlev, 409
Pa. 551, 187 A.2d 168 (1963); see, Life Expectancy, Vital Statistics of the United States, (1990)
Life Tables.
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15. The Plaintiff is entitled to be fairly and adequately compensated for such
embarrassment and hrnniliation as you believe she has endured and will continue to endure in the
future as a result of her injuries.
Pa. SSJI (Civ) 6.01G; Frankel v. United States, 32I F. Supp. 1331 (E.D. Pa. 1970), aft'd, 466 F.2d
1226 (3d Cir. 1972); Marinelli v. Montour RR Co., 278 Pa. Super. 403, 420 A.2d 603 (1980); Fish
v. Gosnell, 316 Pa. Super. 565,463 A.2d 1042 (1983).
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16. The Plaintiff is entitled to be fairly and adequately compensated for past, present and
future loss of her ability to enjoy any of the pleasures oflife as a result of her injuries.
Pa. SSJI (Civ) 6.01I; Frankel v. United States, 321 F. Supp. 1331 (E.D. Pa. 1970), aft'd, 466 F.2d
1226 (3d Cir. 1972); Corcoran v. McNeal, 400 Pa. 14, 161 A.2d 367 (1960); Thompson v. Iannuzzi,
403 Pa. 329, 169 A,2d 777 (1961); DiCmaccmo v. Rockcraft Stone Products Co., 424 Pa. 77,225
A,2d 913 (1967).
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e nor ~..you to concern yourselves with how any verdict
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Your verdict must fully c pensate the Plaintiff for all injuries, past, present and
will be paid.
future that she has sustained.
Dranzao v. Wiunterhalt ,395 Pa. Super. 578, 577 A. 1349, 1356 (1990).
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HELEN P. FULTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO. 2001-2979
JOYCE M. TIMMONS,
CIVIL ACTION - LAW
Defendant
JURY TRIAL DEMANDED
DEFENDANT'S REQUESTED POINTS FOR CHARGE
1. Pa.SSJI (Civ) 3.25 [legal cause]
2. Pa.SSJI (Civ) 5.03 [number of witnesses]
3. Pa.SSJI (Civ) 5.30, 5.31,5.33 [expert witnesses]
4. Pa.SSJI (Civ) 5.50 [burden of proof]
5. It is for the jury to determine how seriously the Plaintiff has been injured
and what allowance, if any, should be made to her for pain and suffering, past, present
and/or future. Even uncontradicted evidence of pain and suffering need not be
accepted by the jury.
Kirbv v. Carlisle, 178 Pa.Super. 389 (1955); Reao v. Nelson, 194 Pa.Super. 317,
166 A.2d 288 (1960).
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6. Damages may not exceed compensation for compensable loss and
damages should be awarded with the least burden to the wrongdoer consistent with the
idea of fair compensation to the injured party.
Incollinao v. Ewina, 444 Pa. 299, 282 A.2d 206 (1971).
7. The purpose of awarding monetary damages is not to punish a Defendant
or to reward a Plaintiff, but rather the purpose is to fairly compensate the Plaintiff for any
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damages which you may find she has sustained.
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8. There is no legal yardstick that can be used to measure accurately what
would be reasonable compensation for pain and suffering. Damages for pain and
suffering should not be awarded on the basis of sympathy, benevolence or
sentimentality, but should be limited to reasonable compensation for the injury
sustained.
Bostwick v. Pittsburah Railwav, 225 Pa. 397 (1917); Buraan v. Pittsburah, 373
Pa. 608, 96 A.2d 889 (1953).
9. Pain and suffering is not measured by what the jury or some other person
would charge to undergo the same pain.
Littman v. Bell Telephone Company, 315 Pa. 370,172 A. 687 (1934)
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10. Damages will not be presumed. They cannot be recovered unless the
evidence affords a sufficient basis for estimating them with reasonable certainty.
Damages should not be estimated on the basis of mere conjecture or speculation.
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Lorch v. Ealin, 369 Pa. 314, 85 A.2d 841 (1952).
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11. The Defendant is only liable to pay Plaintiff those damages which are the
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direct and proximate consequence of the accident. In other words, Plaintiff is entitled to
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recover only those damages which are the direct and proximate consequence of the
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Offensend v. Atlantic Ref. Co., 322 Pa. 399,402 (1936).
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Nestor v. Georae, 354 Pa. 19, 46 A.2d 469 (1946).
Connellv v. Morris, 324 Pa. 577,188 A.2d 350 (1936).
13. Plaintiff bears the burden of proving by sufficient medical evidence that all
of the injuries for which she claims damages were attributable to the accident.
Mudano v. PhiladelDhia RaDid Transit Co., 289 Pa. 51, 58 137 A. 104 (1927).
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14. The credibility of witnesses is always a matter for the jury. It is the
province of the jury to appraise the testimony and to either accept or reject the evidence
given by a witness. A jury need not believe the testimony of a plaintiff and her
witnesses concerning injuries; otherwise, there would be no way for a defendant to
protect herself against fraudulent claims for injuries which never occurred.
Gottlob v. Hilleaas, 195 Pa.Super.Ct. 453 (1961).
15. The jury is not bound to accept Plaintiffs testimony nor is it bound by the
opinions of her medical witnesses or their version of the circumstances.
Gaita v. Pamula, 385 Pa. 171, 122 A.2d 63 (1956).
16. A jury may not reach its verdict on mere speculation or conjecture.
Smith v. Bell Telephone Co., 397 Pa. 134, 153 A.2d 477 (1959).
17. A jury may not reach its verdict merely on the basis of speculation, guess
or conjecture, but there must be evidence, direct or circumstantial, upon which its
conclusion may be logically based.
Marrazzo v. Scranton Nehi Bottlina Co., 422 Pa. 518, 223 A.2d 17 (1966).
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18. Any verdict which you return must be based solely and entirely upon the
evidence presented and the law which is applicable. You are instructed that you cannot
return a verdict for or against either party based upon sympathy for the Plaintiff because
of the injuries sustained or based upon bias or prejudice against the Defendant. In the
eyes of the law, the Plaintiff and the Defendant in this case are equals, each having
rights and responsibilities which you must resolve fairly, justly and impartially based
upon your reason and not your emotion.
19. You should not allow sympathy, emotion or prejudice to influence your
deliberations. You should not be influenced by anything other than the law and the
evidence ofthe case. Pa.S.J.1. 20.00.
THOMAS, THOMAS & HAFER, LLP
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C. Kent Price, Esquire
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
(717) 255-7632
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HELEN P. FULTZ,
Plaintiff
# 14 OLER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
JOYCE M. TIMMONS,
Defendant
No. 01-2979 CIVIL TERM
IN RE:
PRETRIAL CONFERENCE
A pretrial conference was held in the
chambers of Judge Oler in the above-captioned case on
Wednesday, April 10, 2002. Present on behalf of Plaintiff
was Richard A. Sadlock, Esquire. Present on behalf of
Defendant was C. Kent Price, Esquire.
This is a negligence action for personal
injuries allegedly sustained by Plaintiff arising out of a
two-vehicle accident on the Carlisle Pike on January 23,
2000, at 7:02 p.m., which occurred when Defendant, entering
the Pike from Lambs Gap Road, failed to yield to a vehicle
passing by on the pike in which Plaintiff was a passenger
and struck it on the passenger's side. Liability on the
part of Defendant for causing the accident is admitted,
leaving factual issues for the jury to resolve of causation
and damages.
This will be a jury trial in which each side
will have four peremptory challenges, for a total of eight.
The estimated duration of trial is two days. Plaintiff's
counsel will be unavailable for trial on April 29 and April
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30, 2002, but indicated that he might be able to obtain
subs~itute counsel, for purposes of jury selection only, on
Mond~y, April 29, 2002.
No unusual issues are expected to arise
during the case. This appears to be a non-economic damages
case only, because economic damages have been paid by
sources as to which evidence is not admissible at the
trial. To the extent that deposition testimony will be
shown or read to the jury and contains objections requiring
rulings by the trial court, counsel are directed to furnish
to the Court at least three days prior to commencement of
the trial term a copy of the transcript(s) containing
objections which require such rulings with the areas of
objection being pursued by counsel highlighted and with
brief memoranda in support of counsels' respective
positions on the objections.
With respect to settlement negotiations,
Plaintiff has demanded $37,500.00, and Defendant has
offered $8000.00. It is difficult to predict whether this
case will be resolved short of trial.
By the Court,
Richard A. Sadlock, Esquire
For the plaintiff
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-02979 P
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COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FULTZ HELEN P
VS
TIMMONS JOYCE M
CPL MICK BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, th~ within COMPLAINT & NOTICE
was served upon
TIMMONS JOYCE M
the
DEFENDANT
, at 0950:00 HOURS, on the 23rd day of May
, 2001
at 5430 OXFORD DRIVE
MECHANICSBURG, PA 17055
by handing to
JOYCE M. TIMMONS
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
6.82
.00
10.00
.00
34.82
So Answers:
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R. Thomas Kline
me this
.....
36 ~
day of
OS/24/2001
RI CHARD SAD. LOCK ..., .4' /-')
BY:?~~~
Deputy Sherlff
Sworn and Subscribed to before
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HELEN P. FULTZ,
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
v.
NO. 2001-2979
JOYCE M. TIMMONS,
CIVIL ACTION - LAW
Defendant
JURY TRIAL DEMANDED
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of THOMAS, THOMAS & HAFER, LLP as counsel on
behalf of Defendant Joyce M. Timmons in the above-captioned matter. All papers may be
served upon the undersigned at P.O. Box 999, Harrisburg, PA 17108-0999.
THOMAS, TOMAS & HAFER, LLP
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C. Kent Price, Esquire
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
(717) 255-7632
I.D. No. 06776
ATTORNEYS FOR DEFENDANT
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CERTIFICATE OF SERVICE
AND NOW, this /'"* day of June, 2001, I, C. KENT PRICE, ESQUIRE, for the firm
ofTHOMAS, THOMAS & HAFER, LLP, attorneys for Defendant, hereby certify that I have
this day served the within Praecipe for Entry of Appearance by depositing a copy of the
same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed
to:
Richard A. Sad lock, Esquire
Angino & Hovner, P.C.
4503 North Front Street
Harrisburg, PA 17110
THOMAS, THOMAS & HAFER, LLP
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HELEN P. FULTZ,
Plaintiff
v.
JOYCE M, TIMMONS,
Defendant
TO: Helen P. Fultz, Plaintiff
c/o Richard A. Sadlock, Esquire
Angino & Rovner, P.C.
4503 North Front Street
Harrisburg, PA 17110
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IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2001-2979
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE
YOU ARE HEREBY notified to plead to the enclosed New Matter within
twenty (20) days of service hereof or a default judgment may be entered against
you.
DATED: 7 J (;?C1/01
THOMAS, THOMAS & HAFER, LLP
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C. Kent Price, Esquire
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
(717) 255-7632
ATTORNEYS FOR DEFENDANT
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HELEN P. FULTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNlY, PENNSYLVANIA
NO. 2001-2979
v.
CIVIL ArnON -LAW
JOYCE M. TIMMONS,
JURY TRIAL DEMANDED
Defendant
ANSWER WITH NEW MATTER
1. Denied. After reasonable investigation, the Defendant is without
information or knowledge sufficient to form a belief as to the truth of the
allegations.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Denied in accordance with Pa.R.C.P. 1029(e).
9. Denied in accordance with Pa.R.C.P. 1029(e).
10. Denied. After reasonable investigation, the Defendant is without
information or knowledge sufficient to form a belief as to the truth of the
allegations.
11. Denied. After reasonable investigation, the Defendant is without
information or knowledge sufficient to form a belief as to the truth of the
allegations.
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12. Denied. After reasonable investigation, the Defendant is without
information or knowledge sufficient to form a belief as to the truth of the
allegations.
13. Denied. After reasonable investigation, the Defendant is without
information or knowledge sufficient to form a belief as to the truth of the
allegations.
14. Denied. After reasonable investigation, the Defendant is without
information or knowledge sufficient to form a belief as to the truth of the
allegations.
15. Denied. After reasonable investigation, the Defendant is without
information or knowledge sufficient to form a belief as to the truth of the
allegations.
16. Denied. After reasonable investigation, the Defendant is without
information or knowledge sufficient to form a belief as to the truth of the
allegations.
17. Denied. After reasonable investigation, the Defendant is without
information or knowledge sufficient to form a belief as to the truth of the
allegations.
WHEREFORE, Defendant Joyce M. Timmons demands judgment in her favor and
against Plaintiff.
NEW MATTER
18. The Plaintiff's claims may be barred or limited by provisions of the Motor
Vehicle Financial Responsibility Law.
19. The Plaintiff's claims may be barred or limited by the applicable tort option
election.
20. The Plaintiff's injuries may not constitute serious injuries so as to bar her
claim for non-economic loss.
21. The Plaintiff's injuries and damages, as alleged, may have been caused by
the acts or omissions of Matthew Shindel.
22. Some or all of the alleged injuries may be due to pre-existing conditions.
23. The Plaintiff may have failed to mitigate her damages.
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WHEREFORE, Defendant Joyce M. Timmons demands judgment in her favor and
against Plaintiff.
THOMAS, THOMAS & HAFER, LLP
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C. Kent Price, Esquire
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
(717) 255-7632
!.D. No. 06776
AlTORNEYS FOR DEFENDANT
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VERIFICATION
I verify that the facts set forth in the foregoing Answer with New Matter are true and
correct to the best of my information, knowledge and belief. I understand that any false
statements contained herein are made subject to the penalties of 18 Pa. C.SA 34904,
relatingtounsworn falsification to authorities.
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CERTIFICATE OF SERVICE
AND NOW, this qt!day of July, 2001, I, C. KENT PRICE, ESQUIRE, for the
firm ofTHOMAS, THOMAS & HAFER, LLP, attorneys for Defendant, hereby certify
that I have this day served the within Answer with New Matter by depositing a copy
of the same in the United States Mail, postage prepaid, at Harrisburg,
Pennsylvania, addressed to:
Richard A. Sad lock, Esquire
Angino & Rovner, P.C.
4503 North Front Street
Harrisburg, PA 17110
THOMAS, THOMAS & HAFER, LLP
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C. Kent Price, Esquire
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
HELEN P . FULTZ,
CIVIL ACTION - LAW
Plaintiff
v.
NO. 2001-2979
JOYCE M. TIMMONS,
Defendant
JURY TRIAL DEMANDED
PLAINTIFF'S REPLY TO NEW MATTER
AND NOW comes the Plaintiff, by and through her attorneys, Angino & Rovner, P.C., and
hereby enter the following Reply to the New Matter of Defendant as follows:
18. Defendant's averment is a conclusion of law to which no responsive pleading is
required. To the extent the averment may be deemed factual, it is hereby specifically denied, By
way of amplification, all of Plaintiffs injuries and damages are recoverable in the instant action.
The Pennsylvania Motor Vehicle Financial Responsibility Law in no way limits the damages
Plaintiff may recover herein.
19. Defendant's averment is a conclusion of law to which no responsive pleadlng is
required. To the extent the averment may be deemed factual, it is hereby specifically denied. By
way of amplification, the Plaintiff selected the full tort option on her policy and is, therefore,
entitled to maintain an action for non-economic losses. Further, Plaintiff did suffer a serious injury.
Plaintiffs Declaration Page is attached hereto as Exhibit A.
20. Defendant's averment is a conclusion of law to which no responsive pleading is
required. To the extent the averment may be deemed factual, it is hereby specifically denied. By
way of amplification, Plaintiff's injuries do constitute serious injuries and may pursue a claim for
non-economic loss.
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21. Defendant's averment is a conclusion of law to which no responsive pleading is
required. To the extent the averment may be deemed factual, it is hereby specifically denied. By
way of amplification, Defendant's averment lacks the specificity required by the Pennsylvania Rules
of Civil Procedure. Further, all of Plaintiffs injuries and damages were caused solely and directly
as a result of the negligence, carelessness, wantonness and recklessness of the instant Defendant.
22. Defendant's averment is a conclusion of law to which no responsive pleading is
required. To the extent the averment may be deemed factual, it is hereby specifically denied. By
way of amplification, Plaintiff did not have any pre-existing conditions. All of Plaintiffs injuries
and damages were caused solely and directly as a result of the negligence, carelessness, wantonness
and recklessness ofthe instant Defendant.
23. Defendant's averment is a conclusion of law to which no responsive pleading is
required. To the extent the averment may be deemed factual, it is hereby specifically denied. By
way of amplification, where appropriate, Plaintiff properly mitigated her damages.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to dismiss Defendant's
Answer and New Matter and enter judgment in her favor against the De endant.
--.-.----..
Date: July 23,2001
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:RIE E,ie.PA 16530 CONTINUATION NOTICE
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ERIE "'SURANCE EXCHANGE
PIONEER MILY AUTO POLICY
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AA7507 RONALD L SHINER
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:,~:~:;:;lltSM~glpQ'UlOl'0;RSRIQa ..............N '::tlp.w.maj(;NQM$IllB;:'t~ "...
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MELINDA M FULTZ
347 HUMMEL AVENUE
LEMOYNE PA 17043-1951
AGENT - RONALD L SHINER
*****
AGENT PHONE - (717) 766-1200
ITEM 4. AUTOS COVERED
AUTO YR MAKE VIN ST TER SYM RATING CLASS
1 86 DODG CARAVAN SE 2B4FK41G6GR655526 PA 4D A1BS
ITEM 5. INSURANCE IS PROVIDED WHERE A PREMIUM OR INCL IS SHOWN FOR THE
COVERAGE. COVERAGES, LIMITS AND ANNUAL PREMIUMS ARE AS FOLLOWS-
#!
1001 S. MARKET STREET
SUITE C
MECHANICSBURG PA 17055 4748
DDP
*****GOOD DRIVER RATES APPLY*****
--- THE FULL TORT OPTION APPLIES TO ALL PRIVATE PASSENGER VEHICLES. ---
LIABILITY PROTECTION-
BODILY INJURY S100MLpERSON $300M/ACC 109
PROPERTY DAMAGg S100M/ACC 93
FIRST PARTY BENEFITS-
MEDICAL EXPENSE ~100M 73
INCOME LOSS SlM/MONTH, $15M MAXIMUM 15
ACCIDENTAL DgATH S5M 2
FUNERAL BENEFIT S2.5M 2
UNINSURED MOTORISTS COVERAGE-
BOD INJ S100M7PERSON S300M/ACC-STACKED 20
UNDERINSURgD MOTORISTS COVER~GE-
BOD INJ $100M7PERSON $300M/ACC-STACKED 66
TOTAL ANNUAL PREMIUM FOR EACH AUTO 380
TOTAL ANNUAL POLICY PREMIUM $ 380
ITEM 6. APPLICABLE/POLICY~ ENDORSEMENTS~ EXCEPT7IONS TO DECLARATIONS ITEMS
ALL AUTOS - FAP 04 97, AFJ:'N01 10798*, Ar'PA03 10 98*.
AUTO 1 - AFPU01 04/99~.
EXPLANATION OF ADULT &/OR YOUTHFUL DRIVER RATING CLASS
AUTO I-TO WORK LESS THAN 6 MILES ONE WAY, UP TO 8,500 MILES ANNUALLY
MISCELLANEOUS INFORMATION
ITEM 7. EACH AUTO WE INSURE WILL BE PRINCIPALLY GARAGED AT THE ADDRESS SHOWN
IN ITEM 1, UNLESS ANOTHER ADDRESS IS SHOWN BELOW.
ITEM 9. UNLESS A CO-OWNER OR LIENHOLDER IS LISTED BELOW, THE NAMED INSURED
IS THE SOLE OWNER OF EACH AUTO WE INSURE.
:*******************************************************************************
DRIVER
1 MELINDA M FULTZ
ST LICENSE NUMBER
PA 17385677
BIRT7H DjATE
07 18 56
13347
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CbNCEALS FOR THE <EURPOSE OF MISLEADINGJ INFORMATION CONCERNING ANY
FACT MATERIAL 'THERETO COMMITS A FRAUDUJ..ENT INSURANCE ACT, WHICH IS'
A CRIME AND SUBJECTS THE PERSON TO CRIMINAL AND CIVIL PENALTIES.
THIS POLICY DOES NOT COVER COLLISION DAMAGE TO RENTAL VEHICLES.
THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA~ AS ENACTED BY THE GENERAL
ASSEMBLY ONLY RE8UIRE THAT YOU PURCHASE LIAtlILITY AND FIRST-PARTY
MEDJC,AL BENEFIT CVERAGES. ANY ADDITIONAL COVERAGES OR COVERAGES IN
EXCESS OF THE LIMITS REQUIRED BY LAW ARE PROVIDED ONLY AT YOUR REQUEST
AS ENHANCEMENTS TO THE BASIC COVERAGES.
BELOW ARE ANNUAL PREMIUMS FOR THE MINIMUM REQUIRED COVERAGES AND LIMITS FOR
FULL TORT. '
# 1
BODILY INJURY S15M/PERSON $30MjACC 62
PROPERTY DAMAGg S5MjACC 78
FIRST PARTY BENEFITS - MEDICAL EXPENSE $5M 33
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VERIFICATION
I, Helen .p. Fultz, Plaintiff, have read the foregoing PLAINTIFF'S REPLY TO
DEFENDANT'S NEW MATTER and do hereby swear or affirm that the facts set forth in the
foregoing are true and correct to the best of my knowledge, information and belief. I understand
that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to
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CERTIFICATE OF SERVICE
I, Marcy 1. Brymesser, an employee of the law firm of Angino & Rovner, P.c., do hereby
certifY that I am this day serving a true and correct copy of PLAINTIFF'S REPLY TO NEW
MATTER on the following via postage prepaid, first class United States mail, addressed as
follows:
C. Kent Price, Esquire
Thomas, Thomas & Hafer, LLP
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
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Date: July 23, 2001
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HELEN P. FULTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY,
PENNSYLVANIA
v,
NO. 2001-2979
JOYCE M. TIMMONS,
CIVIL ACTION - LAW
Defendant
JURY TRIAL DEMANDED
CERTIFICATE OF PREREQUISITE TO SERVE
SUBPOENAS PURSUANT TO RULE 4009.22
As a Prerequisite to service of Subpoenas for Documents and Things pursuant to
Rule 4009.22, Defendant certifies that:
1. A Notice of Intent to Serve Subpoenas with copies of the Subpoenas
attached thereto was mailed to each party at least twenty (20) days prior to the date on
(
which the Subpoenas are sought to be served.
2,
A copy of the Notice of Intent including the proposed Subpoenas are
i:
(,:
I':'
attached to this Certificate.
,
I
3. No objection to the Subpoenas has been received.
4, The Subpoenas which will be served are identical to the Subpoenas which
are attached to the Notice of Intent
C. Kent Price, Esquire
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
(717) 255-7632
I.D. No. 06776
ATTORNEYS FOR DEFENDANT
STEVEN D. GRASLEY, SR.
'...'
-L,
HELEN p, FULTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 2001-2979
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
v.
JOYCE M. TIMMONS,
Defendant
NOTICE OF INTENT TO SERVE A SUBPOENA TO
PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY
PURSUANT TO RULE 4009,21
TO: Counsel of Record
Defendant intends to selVe a Subpoenas identical to the ones attached to this Notice.
You have twenty (20) days from the date listed below in which to file of record and selVe upon
the undersigned an objection to the Subpoenas. If no objection is made, the Subpoenas may
be selVed.
Tc.-;;;;;:fJ~~;P
C, Kent Price, Esquire
305 North Front Street
P,O, Box 999
Harrisburg, PA 17108
(717) 255-7632
1.0. No, 06776
ATTORNEYS FOR DEFENDANT
DATE: September 14,2001
,..."'''~ "~~
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CERTIFiCATE OF SERVICE
AND NOW, this 14th day of September, 2001, i, C, KENT PRICE, ESQUIRE, for the firm of
THOMAS, THOMAS & HAFER, LLP, attorneys for Defendant, hereby certify that I have this day
served the within Notice of Intent to Serve a Subpoena to Produce Documents and Things for
Discovery Pursuant to Rule 4009,21 by depositing a copy of the same in the United States Mail,
postage prepaid, at Harrisburg, Pennsylvania, addressed to:
Richard A. Sadlock, Esquire
Angino & Rovner, P,C.
4503 North Front Street
Harrisburg, PA 17110
THOMAS, THOMAS & HAFER, LLP
C fj;Ji}tJJL /qK
C, Kent Price, Esquire
-
-
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HELEN p, FULTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY,
PENNSYLVANIA
v,
Defendant
NO. 2001-2979
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
JOYCE M. TIMMONS,
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Chris Turnpauqh, D,C.
(Name of Person or Entity)
Within twenty (20) days after service ofthis subpoena, you are ordered by the court to produce the following
documents or things:
Complete copies of any and all records. reports. correspondence, notes, memoranda
and diaqnostic studies reqardinq Helen P. Fultz: Date of Birth: 12/22/82
at: Thomas, Thomas & Hafer. LLP. 305 N. Front St.. P,O. Box 999. Harrisburq, PA
17108-0999
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with
the certificate of compliance, to the party making this request at the address listed above, You have the right to seek
in advance, the reasonable cost of preparing Ihe copies or producing the things sought.
if you fail to produce the documenls 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: C. Kent Price, Esquire
ADDRESS: P,O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7632
SUPREME COURT 10#: 06776
ATTORNEY FOR: Defendant Joyce M. Timmons
BY THE COURT:
DATE:
Seal of the Court
Prothonotary/Clerk, Civil Division
Deputy
liili'
HELEN P. FULTZ,
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
v.
JOYCE M. TIMMONS,
NO. 2001-2979
CIVIL ACTION - LAW
Defendant
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Dr. Michael Innes/Innes Chiropractic
(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:
Complete copies of anv and all records. reports. correspondence. notes. memoranda
and diaanostic studies reaardina Helen P. Fultz: Date of Birth: 12/22/82
at: Thomas. Thomas & Hafer. LLP. 305 N. Front S1.. P,O. Box 999. Harrisbura. PA
17108-0999
(Address)
You may deliver or maii 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 compeiling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: C. Kent Price, Esquire
ADDRESS: P,O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7632
SUPREME COURT ID#: 06776
ATTORNEY FOR: Defendant Joyce M, Timmons
BY THE COURT:
DATE:
Seal of the Court
Prothonotary/Clerk, Civil Division
Deputy
-,
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HELEN P. FULTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY
,
PENNSYLVANIA
v.
NO, 2001-2979
JOYCE M. TIMMONS,
CIVIL ACTION - LAW
Defendant
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Dr. Lee Seaal. Hershev Medical Center
(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.
Comolete cooies of any and all records. reports, correspondence. notes. memoranda
and diaanostic studies reaardina Helen P. Fultz: Date of Birth: 12/22/82
at: Thomas. Thomas & Hafer. LLP. 305 N. Front Sf.. P.O, Box 999, Harrisbura. PA
17108-0999
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with
the certificate of compliance, to the party making this request at the address listed above. You have the right to seek
in advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the
party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: C. Kent Price, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7632
SUPREME COURT ID#: 06776
ATTORNEY FOR: Defendant Joyce M. Timmons
BY THE COURT:
DATE:
Seal of the Court
Prothonotary/Clerk, Civil Division
Deputy
fiT
"a' '-,
'...'
"
"',.,'
HELEN P. FULTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO, 2001-2979
JOYCE M. TIMMONS,
CIVIL,ACTION - LAW
Defendant
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Dr. Vitalv Gordon. Hershev Medical Center
(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:
Comnlete conies of anv and all records. renorts. correspondence. notes. memoranda
and diaanostic studies reaardina Helen P. Fultz: Date of Birth: 12/22/82
at: Thomas. Thomas & Hafer. LLP. 305 N. Front St.. P.O. Box 999. Harrisbura. PA
17108-0999
i--!
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with
the certificate of compliance, to the party making this request at the address listed above, You have the right to seek
in advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the
party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: C. Kent Price, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7632
SUPREME COURT 10#: 06776
ATTORNEY FOR: Defendant Joyce M, Timmons
BY THE COURT:
DATE:
Seal of the Court
Prothonotary/Clerk, Civil Division
Deputy
HELEN P. FULTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO. 2001-2979
JOYCE M. TIMMONS,
CIVIL ACTION - LAW
Defendant
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Dr. Christine Sheridan
(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.
Complete copies of anv and all records. reports, correspondence. notes. memoranda
and diaanostic studies reaardina Helen P. Fultz: Date of Birth: 12/22/82
at: Thomas. Thomas & Hafer. LLP, 305 N. Front St.. P.O. Box 999. Harrisbura. PA
17108-0999
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena. together with
the certificate of compliance. to the party making this request at the address listed above, You have the right to seek
in advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the
party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: C. Kent Price, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7632
SUPREME COURT 10#: 06776
ATTORNEY FOR: Defendant Joyce M, Timmons
BY THE COURT:
DATE:
Seal of the Court
Prothonotary/Clerk, Civil Division
Deputy
~ ~ L
..
ll.1
. -"_^od;;"_'''.
-1;:f.::
HELEN P. FULTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY
,
PENNSYLVANIA
v.
NO. 2001-2979
JOYCE M. TIMMONS,
CIVIL ACTION - LAW
Defendant
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Dr. Kwan Won
(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:
Complete copies of anv and all records. reports. correspondence. notes. memoranda
and diaonostic studies reoardino Helen P. Fultz: Date of Birth: 12/22/82
at: Thomas. Thomas & Hafer. LLP. 305 N. Front St.. P.O. Box 999. Harrisburo. PA
171 08-0999
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with
the certificate of compliance, to the party making this request at the address listed above, You have the right to seek
in advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the
party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: C. Kent Price, Esquire
ADDRESS: P,O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7632
SUPREME COURT 10#: 06776
ATTORNEY FOR: Defendant Joyce M. Timmons
BY THE COURT:
DATE:
Seal of the Court
Prothonotary/Clerk, Civil Division
Deputy
I'~,'
''- "
"<'
HELEN P. FULTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY
,
PENNSYLVANIA
v,
NO. 2001-2979
JOYCE M. TIMMONS,
CIVIL ACTION - LAW
Defendant
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Hetrick Center
(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.
Comolete copies of anv and all records. reports. correspondence. notes. memoranda
and diaanostic studies reaardina Helen P. Fultz: Date of Birth: 12/22/82
at: Thomas. Thomas & Hafer. LLP. 305 N. Front S1.. P.O, Box 999. Harrisbura. PA
17108-0999
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena. together with
the cettificate of compliance. to the party making this request at the address iisted 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: C. Kent Price, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7632
SUPREME COURT ID#: 06776
ATTORNEY FOR: Defendant Joyce M, Timmons
BY THE COURT:
DATE:
Seal of the Court
Prothonotary/Clerk, Civil Division
Deputy
"
'1liI.'
'.d
, . .,'-
,
HELEN P. FULTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO. 2001-2979
JOYCE M. TIMMONS,
CIVIL ACTION - LAW
Defendant
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Dr. Zcc. H ershev Medical Center
(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:
Complete copies cf anv and all reccrds. repcrts. ccrrespcndence. nctes. memcranda
and diaancstic studies reaardina Helen P. Fultz: Date cf Birth: 12/22/82
at: Thcmas, Thcmas & Hafer. LLP. 305 N. Frcnt St.. P.O. Bcx 999. Harrisbura. PA
17108-0999
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with
the certificate of compliance, to the party making Ihis 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: C. Kent Price, Esquire
ADDRESS: P,O. Bcx 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7632
SUPREME COURT ID#: 06776
ATTORNEY FOR: Defendant Jcyce M. Timmcns
BY THE COURT:
DATE:
Seal cf the Ccurt
Prothcnctary/Clerk, Civil Divisicn
Deputy
'.
, 1'iI"
..~ ~
,-~ '," "'. , . "1If&I&.
, .
HELEN P. FULTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO. 2001-2979
JOYCE M. TIMMONS,
Defendant
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Penn State Sports Medicine
(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:
Complete cOPies of anv and all records. reports. correspondence. notes. memoranda
and diaanostic studies reaardina Helen P. Fultz: Date of Birth: 12/22/82
at: Thomas. Thomas & Hafer. LLP, 305 N. Front St.. P.O. Box 999, Harrisbura, PA
17108-0999
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with
the certificate of compliance, to the party making this request at the address listed above, You have the right to seek
in advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the
party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: C, Kent Price, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7632
SUPREME COURT ID#: 06776
ATTORNEY FOR: Defendant Joyce M. Timmons
BY THE COURT:
DATE:
Seal of the Court
Prothonotary/Clerk, Civil Division
Deputy
. .~-- ."...,." '....1'"" ."__'M_~ """""""r.~~__~~,,_.,,,__~,,^ ,-"--. 'uii\!!:;
.
, .
CERTIFICATE OF SERVICE
AND NOW, this 19th day of September, 2001, I, C. KENT PRICE, ESQUIRE, for
the firm of THOMAS, THOMAS & HAFER, LLP, attorneys for Defendant Joyce M.
Timmons, hereby certify that I have this day served the within Certificate of Prerequisite to
Serve Subpoenas Pursuant to Rule 4009.22 by depositing a copy of the same in the
United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to:
Richard A. Sad lock, Esquire
Angino & Rovner, P.C.
4503 North Front Street
Harrisburg, PA 17110
THOMAS, THOMAS & HAFER, LLP
0-~~
C. Kent Price, Esquire
~"'~:'iilil!i't
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JT,r,'l'~ J",:,;t,W,~ ~}:l,,"lf~'"":T_~LJJ,J .;[~;_~ -,L ,_A;,: ,_ ,:,,,,ij, _ W,"",-~.."""",! .
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HELEN P. FULTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY,
PENNSYLVANIA
v,
NO. 2001-2979
JOYCE M. TIMMONS,
CIVIL ACTION - LAW
Defendant
JURY TRIAL DEMANDED
CERTIFICATE OF PREREQUISITE TO SERVE
SUBPOENAS PURSUANT TO RULE 4009.22
As a Prerequisite to service of Subpoenas for Documents and Things pursuant to
Rule 4009.22, Defendant certifies that:
1, A Notice of Intent to Serve Subpoenas with copies of the Subpoenas
attached thereto was mailed to each party at least twenty (20) days prior to the date on
which the Subpoenas are sought to be served.
2. A copy of the Notice of Intent including the proposed Subpoenas are
attached to this Certificate.
3, No objection to the Subpoenas has been received.
4. The Subpoenas which will be served are identical to the Subpoenas which
are attached to the Notice of Intent
tC---
C. Kent Price, Esquire
305 North Front Street
P,O. Box 999
Harrisburg, PA 17108
(717) 255-7632
I.D. No. 06776
ATTORNEYS FOR DEFENDANT
STEVEN D. GRASLEY, SR.
',I
,
_M '1-1...,1--
, ,-~ ~ -, ....";,,,,;, ,
. ~
...
HELEN P. FULTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 2001-2979
v,
CIVIL ACTION - LAW
JOYCE M, TIMMONS,
JURY TRIAL DEMANDED
Defendant
NOTICE OF INTENT TO SERVE A SUBPOENA TO
PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.21
TO: Counsel of Record
Defendant intends to serve a Subpoena identical to the ones 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.
THOMAS, THOMAS & HAFER, LLP
c-0) ~
C, Kent Price, Esquire
305 North Front Street
P,O. Box 999
Harrisburg, PA 17108
(717) 255-7632
I.D. No. 06776
ATTORNEYS FOR DEFENDANT
DATE: October 26,2001
~~
1!Iii'
4"-
,
HELEN P. FULTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO. 2001-2979
JOYCE M. TIMMONS,
CIVIL ACTION - LAW
Defendant
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Holv Spirit Hospital. Medical Records Department. 503 N, 21't Street. Camp Hill. PA 170211-
2288
(Name of Person or Entity)
Within twenty (20) days after selVice of this subpoena, you are ordered by the court to produce the following
documents or things:
Complete copies of anv and all records. reports. correspondence. notes. memoranda
anddiaanostic studies reaardina Helen P. Fultz: Date of Birth: 12/22/82
, at: Thomas. Thomas & Hafer. LLP. 305 N. Front St.. P.O. Box 999. Harrisbura. PA
17108-0999
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with
the certificate of compliance. to the party making this request at the address listed above. You have the right to seek
in advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its selVice. the
party selVing 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: C. Kent Price, Esquire
ADDRESS: P,O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7632
SUPREME COURT ID#: 06776
ATTORNEY FOR: Defendant Joyce M. Timmons
BY THE COURT:
DATE:
Seal of the Court
Prothonotary/Clerk, Civil Division
Deputy
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CERTIFICATE OF SERVICE
AND NOW, this 26th day of October, 2001, I, C, KENT PRICE, ESQUIRE, for the firm of
THOMAS, THOMAS & HAFER, LLP, attorneys for Defendant, hereby certify that I have this day
served the within Notice of Intent to Serve a Subpoena to Produce Documents and Things for
Discovery Pursuant to Rule 4009,21 by depositing a copy of the same in the United States Mail,
postage prepaid, at Harrisburg, Pennsylvania, addressed to:
Richard A. Sadlock, Esquire
Angino & Rovner, P,C,
4503 North Front Street
Harrisburg, PA 17110
THOMAS, THOMAS & HAFER, LLP
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CERTIFICATE OF SERVICE
AND NOW, this 1st day of November, 2001, I, C. KENT PRICE, ESQUIRE, for the
firm of THOMAS, THOMAS & HAFER, LLP, attorneys for Defendant Joyce M, Timmons,
hereby certify that I have this day served the within Certificate of Prerequisite to Serve
Subpoenas Pursuant to Rule 4009.22 by depositing a copy of the same in the United
States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to:
Richard A. Sad lock, Esquire
Angino & Rovner, P.C.
4503 North Front Street
Harrisburg, PA 17110
THOMAS, THOMAS & HAFER, LLP
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HELEN P. FULTZ,
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
v.
NO. 2001-2979
JOYCE M. TIMMONS,
CIVIL ACTION - LAW
Defendant
JURY TRIAL DEMANDED
CERTIFICATE OF PREREQUISITE TO SERVE
SUBPOENAS PURSUANT TO RULE 4009.22
As a Prerequisite to service of Subpoenas for Documents and Things pursuant to
Rule 4009.22, Defendant certifies that:
1. A Notice of Intent to Serve Subpoenas with copies of the Subpoenas
attached thereto was mailed to each party at least twenty (20) days prior to the date on
which the Subpoenas are sought to be served,
2, A copy of the Notice of Intent including the proposed Subpoenas are
attached to this Certificate.
3. No objection to the Subpoenas has been received.
4, The Subpoenas which will be served are identical to the Subpoenas which
are attached to the Notice of Intent
THOMAS, THO {S & HAFER, LLP
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C, ent Price, Esquire
305 North Front Street
P,O, Box 999
Harrisburg, PA 17108
(717) 255-7632
I.D. No. 06776
ATTORNEYS FOR DEFENDANT
STEVEN D. GRASLEY, SR.
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HELEN P. FULTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 2001-2979
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
v.
JOYCE M. TIMMONS,
Defendant
NOTICE OF INTENT TO SERVE A SUBPOENA TO
PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY
PURSUANT TO RULE 4009,21
TO: Counsel of Record
Defendant intends to serve a Subpoena identical to the ones 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.
THOMAS, THOMAS & HAFER, LLP
Cfjm MMJ),fL
. Kent Pnce, EsqUire
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
(717) 255-7632
I.D. No, 06776
ATTORNEYS FOR DEFENDANT
DATE: November 1, 2001
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HELEN p, FULTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY,
PENNSYLVANIA
v,
NO. 2001-2979
JOYCE M. TIMMONS,
CIVIL ACTION - LAW
Defendant
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Pinnacle Health Svstem/Polvclinic Hospital. 2601 North Third Street. Harrisbura. PA 17110-2098
(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:
Complete copies of any and all records. reports. correspondence. notes, memoranda
and diaanostic studies reaardina Helen P. Fultz: Date of Birth: 12/22/82
at: Thomas. Thomas & Hafer. LLP. 305 N. Front Sl.. P.O. Box 999. Harrisbura. PA
17108-0999
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with
the certificate of compliance, to the party making this request at the address listed above, You have the right to seek
in advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service. the
party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: C. Kent Price, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7632
SUPREME COURT ID#: 06776
ATTORNEY FOR: Defendant Joyce M. Timmons
BY THE COURT:
DATE:
Seal of the Court
Prothonotary/Clerk, Civil Division
Deputy
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CERTIFICATE OF SERVICE
AND NOW, this 1 st day of November, 2001, I, C, KENT PRICE, ESQUIRE, for the firm of
THOMAS, THOMAS & HAFER, LLP, attorneys for Defendant, hereby certify that I have this day
served the within Notice of Intent to Serve a Subpoena to Produce Documents and Things for
Discovery Pursuant to Rule 4009.21 by depositing a copy of the same in the United States Mail,
postage prepaid, at Harrisburg, Pennsylvania, addressed to:
Richard A. Sadlock, Esquire
Angino & Rovner, P,C,
4503 North Front Street
Harrisburg, PA 17110
THOMAS, THOMA & HAFER, LLP
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CERTIFICATE OF SERVICE
AND NOW, this 6th day of November, 2001, I, C, KENT PRICE, ESQUIRE, for the
firm of THOMAS, THOMAS & HAFER, LLP, attorneys for Defendant Joyce M. Timmons,
hereby certify that I have this day served the within Certificate of Prerequisite to Serve
Subpoenas Pursuant to Rule 4009.22 by depositing a copy of the same in the United
States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to:
Richard A. Sad lock, Esquire
Angino & Rovner, P,C.
4503 North Front Street
Harrisburg, PA 17110
THOMAS, THOMAS & HAFER, LLP
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C. Kent Price, Esquire
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PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
(Check one) (X)
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)
(check one)
Assumpsit
HELEN P. FULTZ
Plaintiff
( )
( )
Trespass
(X) Trespass (Motor Vehicle)
v,
( )
Other
JOYCE M. TIMMONS,
Defendant
The trial list will be called on April 2, 2002.
Trials commence on April 29, 2002,
Pre-trials will beheld on April 10, 2002,
(Briefs are due 5 days before pre-trials.)
(The party listing this case for trial shall
provide forthwith a copy of the praecipe to all
counsel, pursuant to local Rule 314-1,)
No. 2001 Civil 2979
Indicate the attorney who will try case for the party who files this praecipe:
Richard A. Sadlock, Esquire, Angino & Rovner, P.C.
4503 North Front Street, Harrisburg, P A 17110
Indicate trial counsel for other parties if known:
C. Kent Price, Esquire, Thomas, Thomas & Hafer, LLP
305 North Front Street, P,O, Box 999, Harrisburg, P A 17108
This case is ready for trial.
Signed.
. Sadlock, Esquire
Attorney for Plaintiff
Date: March 11, 2.002
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HELEN P. FULTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO. 2001-2979
JOYCE M. TIMMONS,
CIVIL ACTION - LAW
Defendant
JURY TRIAL DEMANDED
CERTIFICATE OF PREREQUISITE TO SERVE
A SUBPOENA PURSUANT TO RULE 4009.22
As a Prerequisite to service of Subpoena for Documents and Things pursuant to
Rule 4009.22, Defendant certifies that:
1. A copy of the Notice of Intent including the proposed Subpoena attached to
this Certificate.
2. Counsel was contacted via correspondence and has waived the 20 day
requisite notice of intent to serve.
3. The Subpoena which will be served is identical to the Subpoena which is
attached to the Notice of Intent
THOMAS, THOMAS & HAFER, LLP
r~)~
C. Kent Price, Esquire
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
(717) 255-7632
1.0. No, 06776
ATTORNEYS FOR DEFENDANT
"'1'-
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..
HELEN P. FULTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 2001-2979
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
v,
JOYCE M. TIMMONS,
Defendant
NOTICE OF INTENT TO SERVE A SUBPOENA TO
PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.21
TO: Counsel of Record
Defendant intends to serve a Subpoena identical to the ones 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,
THOMAS, THOMAS & HAFER, LLP
C-~~
C. Kent Price, Esquire
305 North Front Street
P.O, Box 999
Harrisburg, PA 17108
(717) 255-7632
I.D, No, 06776
ATTORNEYS FOR DEFENDANT
DATE: March 18, 2002
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HELEN p, FULTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 2001-2979
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
v.
JOYCE M, TIMMONS,
Defendant
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Erie Insurance Exchanae
(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:
A complete copy of the first-party claim file. without limitation. your insured. Melinda
Fultz. policv no. Q081807880H. claim no. 010170473576, arisina out of a claim made
bv Helen P. Fultz arisina out of an accident on January 23. 2000. includina but not
limited to: application for benefits. physician's statements. waae verifications, policv
declaration paae(s) showina coveraaes and tort option election. summaries of payments
made. medical records and reports. bills. Peer Review reports. IME reports and
correspondence.
at: Thomas. Thomas & Hafer. LLP. 305 N. Front St.. Harrisbura. PA 17101
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with
the certificate of compliance, to the party making this request at the address listed above. You have the right to seek
in advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the
party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: C. Kent Price, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7632
SUPREME COURT 10#: 06776
ATTORNEY FOR: Defendant Joyce M. Timmons
DATE: fYZ';ior-L /.t:"' cJI)O~
Seal of the Court '
Prothonotary/Clerk, Civil Di
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Deputy
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CERTIFICATE OF SERVICE
AND NOW, this 1 ~day of March, 2002, I, C, KENT PRICE, ESQUIRE, for the firm of
THOMAS, THOMAS & HAFER, LLP, attorneys for Defendant, hereby certify that I have this day
served the within Notice of Intent to Serve a Subpoena to Produce Documents and Things for
Discovery Pursuant to Rule 4009,21 by depositing a copy of the same in the United States Mail,
postage prepaid, at Harrisburg, Pennsylvania, addressed to:
Richard A. Sadlock, Esquire
Angino & Rovner, P,C.
4503 North Front Street
Harrisburg, PA 17110
THOMAS, THOMAS & HAFER, LLP
0-i!b~
C. Kent Price, Esquire
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CERTIFICATE OF SERVICE
AND NOW, this;)..' -tot day of March, 2002, I, C. KENT PRICE, ESQUIRE, for the
firm of THOMAS, THOMAS & HAFER, LLP, attorneys for Defendant Joyce M. Timmons,
hereby certify that I have this day served the within Certificate of Prerequisite to Serve
Subpoenas Pursuant to Rule 4009.22 by depositing a copy of the same in the United
States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to:
Richard A. Sad lock, Esquire
Angino & Rovner, P.C.
4503 North Front Street
Harrisburg, PA 17110
THOMAS, THOMAS & HAFER, LLP
C-~>~
C, Kent Price, Esquire
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