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Home My WebLink About01-03599 ~ - - . MYCHAK GECKLE & WELKER, P.C. By: John Rightmyer, Esquire Identification No.: 73199 230 South Broad Street Eleventh Floor Philadelphia, PA 19102 (215) 735-3326 ,<,"""--,,,1- " L~- _LL.!< ,.':..'- ~ ,-') Attorney for Plaintiff AMY KIBE 401 Chestnut Street Marysville, PA 17053 v. CUMBERLAND GOLF CLUB, INC. RD 5 Carlisle, PA 17013 and TERI S. FROMBAUGH 1010 Alexander Spring Road Carlisle, PA 17013 and LAURIE JO DEBARR 33 Victoria Way Camp Hill, PA 17109 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: ol-JS9? CI<J~lY~ CIVIL ACTION COMPLAINT NOTteE ..,,'. ..... ..... ..... .. .... I' r_ .... I. ,er,.. ...... ..., ,fa.... .... ...". I. I~ r,.,..... ",.". ,.. ..,. ,.., 1(... ""1. ......, nOt .." "," ... '......, .., ..,In 8ft ~r"". ., .'''ftfllll . ....... .._..1Ift ........, . ., "'fWN, .... I_, ia .ft.... ..... .., ,." ,., .",..,. . .....~'it..1 h. ... "tI.... w. .... .....11I9 .... '....11 ..... 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'........... . ... ..."..,.. .....". . .,......... 11.:. .u..,'....,. w...,... · .r.... lit ...... .._... ........ , ......... '..."....' .. ...... - nat,. .,... ............. ."......... A" ....,. It It." ..... ...ItI.. . I.... ... ............ , .......... ...... .... t...... I. '*' ~ "........ . ..... ...;....,. '...... .... ~.... ".r. . _ .......... . "..p. .......... """""'" .... .... -Uf,Y. U'4 ,.......U.. " ,IN 4...41.' '" "'111I4'''.1''.' " 110 ".... "......,.. 0 " "'I tII.... FC" ....no Illnrl..". Dl '41," '41. .IVICIO. VAY4 fN'USOII40L&A1iI1 "II "UII_, 4,1.4 Of"'''4 """ ...',a.'lllNtl. '."1""" arf:1f4 41410 '414 '''YUM'''41 DUllIII .. .."... CQ""1:1I1 4515"""4 Ur:4L ~ " "=,- ",:] MYCHAK GECKLE & WELKER, P.C. By: John Rightmyer, Esquire Identification No.: 73199 230 South Broad Street Eleventh Floor Philadelphia, PA 19102 (215) 735-3326 Attorney for Plaintiff AMY KIBE 401 Chestnut Street Marysville, PA 17053 COURT OF COMMON PLEAS CUMBERLAND COUNTY v. CUMBERLAND GOLF CLUB, INC. RD 5 Carlisle, PA 17013 and TERI S. FROMBAUGH 1010 Alexander Spring Road Carlisle, PA 17013 and LAURIE JO DEBARR 33 Victoria Way Camp Hill, PA 17109 NO. : CIVIL ACTION COMPLAINT 1. Plaintiff AMY KIBE is adult individual residing at 401 Chestnut Street, in the City of Marysville, County of Perry, Commonwealth of Pennsylvania 17053. 2. Defendant CUMBERLAND GOLF CLUB, INC., is a Pennsylvania Corporation organized and existing under the laws of the State of Pennsylvania and doing business in Pennsylvania, and is engaged in recreation and entertainment with its principal place of business located at RD 5, in the City of Carlisle, County of Cumberland, Commonwealth of Pennsylvania 17013. 3. Defendant TERI S. FROMBAUGH is an adult individual residing at 1010 Alexander Spring Road, in the City of Carlise, I , II _0"0''-' , -;'~J County of Cumberland, Commonwealth of pennsylvania 17103. 4. Defendant LAURIE JO DEBARR is an adult individual residing at 33 Victoria Way, in the City of Camp Hill, County of Cumberland, Commonwealth of Pennsylvania 17109. 5. On or about June 24, 1999 at approximately 5:50 p.m. plaintiff AMY KIBE was a passenger in a golf cart driven by LAURIE JO DEBARR on T451 (Greason Road) and (Ritner Highway) SR 0011 in West Pennsboro Township, County of Cumberland, Commonwealth of Pennsylvania when it was struck by a 1996 Dodge, Intreped driven by TERI S. FROMBAUGH. COUNT I AMY KIBE v. CUMBERLAND GOLF CLUB. INC. 6. Plaintiff AMY KIBE hereby incorporates by reference paragraphs one (1) through five (5) inclusive as though same were set forth at length herein. 7. On or about June 24, 1999 at approximately 5:50 p.m. Plaintiff AMY KIBE was a passenger in a golf cart driven by LAURIE JO DEBARR on T451 (Greason Road) and (onto Ritner Highway) SR 0011 in West pennsboro Township, County of Cumberland, Commonwealth of Pennsylvania when their golf cart was caused to be struck by a vehicle due to defendant CUMBERLAND GOLF COURSE, INC. 's negligent action in improperly maintaining the golf course roadway surface and their failure ! to place warning signs, and barricades at the intersection of the golf course roadway and Greason Road and Ritner Highway. II ,;:,,,,,>,- " , ". ~, 8. On or before June 24, 1999, defendant CUMBERLAND GOLF COURSE, INC. was aware that the intersection of the road, private golf course, street and/or highway upon which Plaintiff was injured was dangerous. 9. The negligence and carelessness of defendant CUMBERLAND GOLF COURSE, INC. consisted of: a) Failing to design, construct, and maintain the roadway for safe condition for ordinary travel; b) Failing to prevent or correct a dangerous condition which it knew or should have known to be dangerous, c) Failing to put up warning signs, warning devices, or other similar devices for the protection of motorists from the dangerous condition; d) Failing to post warning signs in the immediate area notifying motorists of the dangerous and ultra hazardous condition; e) Failing to replace or erect proper traffic control devices at the above mentioned area; f) Failing to properly construct, post, and maintain a public roadway which would protect travelers from an unreasonable risk of harm; and g) Failure to exercise reasonable care in notifying patrons of the uncontrolled intersection of the golf course roadway and Ritner Highway and Greason Road. 10. Solely as a result of the negligence of the aforesaid Defendant, the vehicle occupied by Plaintiff AMY KIBE was caused to be violently struck by a motor vehicle resulting in serious and painful personal injuries, including, but not limited to head injury with brief lose of consciousness; left acromioclavicular separation, first degree; multiple abrasions '- ~.;-' ',"~ "';;"''-:'''''' ",'l';''- _:,;-"" face and extremities; scarring; severe headaches; and lumbar strain. 11. As a further result of this accident, Plaintiff AMY KIBE incurred a severe shock to her nerves and nervous system, great physical pain and mental anguish and was prevented from attending to her usual duties, activities and avocations, all of which may continue to an indefinite time in the near future. 12. As a direct and proximate result of the negligence as aforementioned, Plaintiff AMY KIBE has or may suffer a severe loss of earnings, and impairment of her earning capacity or power, which such loss of income and/or impairment of earning capacity or power may continue for an indefinite period into the future. 13. As a direct and reasonable result of the aforementioned accident, Plaintiff AMY KIBE may have or may hereinafter continue to incur financial expenses or losses which do or may exceed amounts which she may otherwise be entitled to recover. 14. As a direct and proximate result of the aforementioned incident and the injuries and damages sustained by Plaintiff AMY KIBE has been and/or may be compelled to expend monies for medical aide, medicine and/or other similar medical and/or medically related instrumentalities and/or modalities. 15. Defendant is solely liable for Plaintiff's injuries described herein, inasmuch as Plaintiff's injuries are the direct and proximate result of its negligence, carelessness and II ~ ' --.- - - ~" < -J" ,~ recklessness as set forth above. WHEREFORE, plaintiff AMY KIBE demands damages of Defendant CUMBERLAND GOLF COURSE, INC. for a sum not in excess of Twenty- Five Thousand ($25,000.00) Dollars, plus costs, delay damages and interest. COUNT I AMY KIBE v. TERI S. FROMBAUGH 16. Plaintiff AMY KIBE hereby incorporates by reference paragraphs one (1) through fifteen (15) inclusive as though same were set forth at length herein. 17. On or about June 24, 1999 at approximately 5:50 p.m. plaintiff AMY KIBE was a passenger in a golf cart driven by LAURIE JO DEBARR on a golf course road and T451 (Greason Road) and (Ritner Highway) SR 0011 in West pennsboro Township, County of Cumberland, Commonwealth of Pennsylvania when she was struck by a 1996 Dodge, Intreped driven by TERI S. FROMBAUGH. 18. At the aforesaid time and place, Defendant TERI S. FROMBAUGH was negligently operating her motor vehicle which suddenly and without warning was caused to violently strike the golf cart occupied by plaintiff AMY KIBE which resulted in severe and serious personal injuries to Plaintiff. 19. As a result of the above-mentioned motor vehicle accident, Plaintiff sustained various personal injuries and incurred various medical expenses in and about endeavoring to cure herself of said injuries, more fully described hereinafter. II "-> ',f,~j;<<.>,::~' 20. The aforesaid occurrence and the injuries to plaintiff AMY KIBE were caused solely by the negligence, carelessness and recklessness of Defendant in: a) Failure to observe traffic control devices; b) Failure to properly operate and control his vehicle; c) Failure to yield right of way to traffic; d) Failure to keep a proper lookout; e) Failure to travel at a safe speed under the circumstances; f) Failure to give proper and sufficient warning of approach; g) Failure to operate a vehicle with due regard for the rights, safety and well being for others; h} Failure to operate said vehicle in such a manner so as to be able to stop within the assured clear distance ahead; i) Failure to maintain a safe distance from Plaintiff; j) Failure to warn and protect Plaintiff from dangerous conditions which have caused serious personal injuries; k) Violating the various rules of the road, ordinances of the Commonwealth of Pennsylvania and/or with regard to the operation of a common carrier motor vehicle upon public highway; 1) Approaching an uncontrolled intersection with a moderate volume of cross-traffic at an excessive speed and without maintaining proper attention to the cross-traffic. 21. Solely as a result of the negligence of the aforesaid Defendant, the vehicle occupied by Plaintiff AMY KIBE was caused to be violently struck by a motor vehicle resulting in II serious and painful personal injuries, including, but not limited to head injury with brief lose of consciousness; left acromioclavicular separation, first degree; multiple abrasions face and extremities; and lumbar strain. 22. As a further result of this accident, Plaintiff AMY KIBE incurred a severe shock to her nerves and nervous system, great physical pain and mental anguish and was prevented from attending to her usual duties, activities and avocations, all of which may continue to an indefinite time in the near future. 23. As a direct and proximate result of the negligence as aforementioned, Plaintiff AMY KIBE has or may suffer a severe loss of earnings, and impairment of her earning capacity or power, which such loss of income and/or impairment of earning capacity or power may continue for an indefinite period into the future. 24. As a direct and reasonable result of the aforementioned accident, Plaintiff AMY KIBE may have or may hereinafter continue to incur financial expenses or losses which do or may exceed amounts which she may otherwise be entitled to recover. 25. As a direct and proximate result of the aforementioned incident and the injuries and damages sustained by Plaintiff AMY KIBE has been and/or may be compelled to expend monies for medical aide, medicine and/or other similar medical and/or medically related instrumentalities and/or modalities. 26. Defendant is solely liable for Plaintiff's injuries II ",-'_.' ',-" "~_ 0';':,,>"" described herein, inasmuch as Plaintiff's injuries are the direct and proximate result of her negligence, carelessness and recklessness as set forth above. WHEREFORE, Plaintiff AMY KIBE demands damages of Defendant TERI S. FROMBAUGH for a sum not in excess of Twenty-Five Thousand ($25,000.00) Dollars, plus costs, delay damages and interest. COUNT II AMY KIBE v. LAURIE DEBARR 27. Plaintiff AMY KIBE hereby incorporates by reference paragraphs one (1) through twenty-six (26) inclusive as though same were set forth at length herein. 28. On or about June 24, 1999 at approximately 5:50 p.m. Plaintiff AMY KIBE was a passenger in a golf cart driven by LAURIE JO DEBARR on a golf course road and T451 (Greason Road) and (Ritner Highway) SR 0011 in West Pennsboro Township, County of Cumberland, Commonwealth of Pennsylvania when she was struck by a 1996 Dodge, Intreped driven by TERI S. FROMBAUGH. 29. As a result of the above-mentioned motor vehicle accident, Plaintiff sustained various personal injuries and incurred various medical expenses in and about endeavoring to cure herself of said injuries, more fully described hereinafter. 30. The aforesaid occurrence and the injuries to Plaintiff AMY KIBE were caused solely by the negligence, carelessness and recklessness of Defendant in: II -~ ~ , , " ""'" " " , ;,:..1:; '~'.- ~ ,;:'c' - '_, ." ':';'-G;' :..~:';~::;;,"~ o' _, '""-,.,, ;~ a) Failure to observe traffic control devices; b) Failure to properly operate and control his vehicle; c) Failure to yield right of way to traffic; d) Failure to keep a proper lookout; e) Failure to travel at a safe speed under the circumstances; f) Failure to give proper and sufficient warning of approach; g) Failure to operate a vehicle with due regard for the rights, safety and well being for others; h) Failure to operate said vehicle in such a manner so as to be able to stop within the assured clear distance ahead; i) Failure to maintain a safe distance from other vehicles; j) Failure to warn and protect Plaintiff from dangerous conditions which have caused serious personal injuries; and k) Violating the various rules of the road, ordinances of the Commonwealth of Pennsylvania and/or with regard to the operation of a common carrier motor vehicle upon public highway. 31. Solely as a result of the negligence of the aforesaid Defendant, Plaintiff AMY KIBE was caused to be violently struck by a motor vehicle resulting in serious and painful personal injuries, including, but not limited to head injury with brief lose of consciousness; left acromioclavicular separation, first degree; multiple abrasions face and extremities; and lumbar strain. 32. As a further result of this accident, Plaintiff AMY KIBE incurred a severe shock to her nerves and nervous system, Ii II --~~. great physical pain and mental anguish and was prevented from attending to her usual duties, activities and avocations, all of which may continue to an indefinite time in the near future. 33. As a direct and proximate result of the negligence as aforementioned, plaintiff AMY KIBE has or may suffer a severe loss of earnings, and impairment of her earning capacity or power, which such loss of income and/or impairment of earning capacity or power may continue for an indefinite period into the future. 34. As a direct and reasonable result of the aforementioned accident, Plaintiff AMY KIBE may have or may hereinafter continue to incur financial expenses or losses which do or may exceed amounts which she may otherwise be entitled to recover. 35. As a direct and proximate result of the aforementioned incident and the injuries and damages sustained by Plaintiff AMY KIBE has been and/or may be compelled to expend monies for medical aide, medicine and/or other similar medical and/or medically related instrumentalities and/or modalities. 36. Defendant is solely liable for Plaintiff's injuries described herein, inasmuch as Plaintiff's injuries are the direct and proximate result of his negligence, carelessness and recklessness as set forth above. WHEREFORE, Plaintiff AMY KIBE demands damages of Defendant LAURIE DEBARR for a sum not in excess of Twenty-Five Thousand ($25,000.00) Dollars, plus costs, delay damages and interest II result of their negligence, carelessness and recklessness as set forth above. MYCHAK GECKLE & WELKER, P.C. By: DATED: t5~/ J RIGHTMYER, ESQUIRE ~Attorney for Plaintiff y/ II ,,_" 'e" , '" ''-.' _ c ~~_, ,'.,,;, ;;".,-"",:"",."",,'- V E R I FIe A T ION I, JOHN RIGHTMYER, Esquire, hereby state that I am the attorney for the plaintiff in the within matter and that the facts set forth in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief, and that false statements herein are made subject to the penalties of 18 Pa C.S. Section 4904, relating to unsworn falsification to authorities. /1./7 ".'~ 6/sft1/ RIGHTMYER, ESQUIRE orney for the Plaintiff II ~~~~'li>~ItillM'M:Ji?!H';I;;':''-~j''1itl~~i>:~,~O?".iM~wimrtWffit~~~~~~'''&#K~""';b,;,,,,i;*"'i,&'[~;f.~:;W~~"'- - 'e -tl1'.. ~tn{ I~"" ~ rti;jIifii1R!Q~ -" > [lll:~'''' -".~ --~ ~" lODJ ~ \:l lit ~ vt 6 ~::D B0~ ~ ~ i 1 G ~~vV) rt "'f--- ~ ("") C) 0 C -n s: C_ "-'1 "0 G) ~;-; ~:;~.J nlrr Z:U .- , ~r- u::; L_'~_ '"( SQ. 2~ t-:) G r:::CJ "'1') S~~ "'" ,C"~ (:-) ..,J", ~O '2 (Sin yc -'4 ~ '~, >;::. :0 r" '-< ~ ". """,~." _,o,~ '~'," __w .~,~~ ~ '., "",,~,~,,~--.' k;; ._C_~,' ,,' "_"'"," :~{j/ MYCHAK GECKLE & WELKER, P,C. By: John Rightmyer, Esquire Identification No.: 73199 230 South Broad Street Eleventh Floor Philadelphia, PA 19102 (215) 735-3326 Attorney for Plaintiff AMY KIBE COURT OF COMMON PLEAS CUMBERLAND COUNTY v. CUMBERLAND GOLF CLUB, INC. and TERI S. FROMBAUGH and LAURIE JO DEBARR NO.: 01-3599 PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached verification for the attorney's verification filed with Plaintiff's civil Action Complaint in the above-captioned matter. MYCHAK GECKLE & WELKER, P.C. JOH IGHTMYER, ESQUIRE torney for Plaintiff Ii DATED: //13/'1 I', II , V E R I FIe A T ION COMMONWEALTH OF PENNSYLVANIA SS CUMBERLAND COUNTY AMY KIBE, being duly sworn according to law, deposes and says that she is the Plaintiff in the within matter and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of her knowledge, information, and belief, and that this statement is made subject to the penalties of 18 PA. C.S. 4904, relating to unsworn falsifications to authorities. ~c;f ~ AMY KI ' DATED: i.JJ /11 /{J/ I I II !i!l~iw'~~~mmj~tl1I~~~~.~.m1~i',"iM~);'~~ik~!ilm*~" ~~", -'.,,---~,','~ '~,__~",r,,"," o__~, ~,",",~ ~ i~ "',' .... '1itiI1II ,L -~"', "'''"''''''KJ''' "" () C ",. "TIt:::] rn'T< Zl.. --'.' 655": -<::/--=-- ~~~: Zo J>c :;,. ::! ~ " ~,~ CJ ~;~ So:: ;;-:::;; .'" ,"' c.; '~\"J r;", .::::J , Ii I'i I~i , I i'~ i n ,,' I,: i'; Ii " f; " ..I II ii H ~j Ii H j1 .1 II Ii 'I i " ~,II ~o _,:;-,:\J_) -n '~~: ~~ .J .,1 '>'0, ~ , '1 ~.' '--'.;.~I~~_,.:;" " }T,'~'~{,,-,Ji.",': _ 'J ,'~ 0;;:' ii(~~,,; AMY KlBE, Plaintiff : COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-3599 CUMBERLAND GOLF CLUB, INC., TERI S. FROMBAUGH, and LAURIE JO DEBARR, Defendants : JURY TRIAL DEMANDED ORDER AND NOW, this day of ,2001, upon consideration of the Preliminary Objections of Defendant, Cumberland Golf Club, Inc., it is hereby ORDERED AND DECREED that Plaintiffs Complaint is stricken in its entirety. BY THE COURT: 1. .....~" _~~. J . . . '"' ,~" .>,1 " ~' ~~ ',,- ""tf~: -"",". 'l;.y BARRY A. JKRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN P. O. Box 932 Harrisburg, P A 17108-0932 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkrontbal@margolisedelstein.com Attorneys for Defendant, CUMBERLAND GOLF CLUB, INC. File# 38500.4-0030 AMY KlBE, Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA v. : NO. 01-3599 CUMBERLAND GOLF CLUB, INC., TERI S. FROMBAUGH, and LAURIE JO DEBARR, Defendants : JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANT. CUMBERLAND GOLF CLUB. INC. TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, Cumberland Golf Club, Inc., ("Cumberland Golf') by and through its counsel, Margolis Edelstein, and hereby files these Preliminary Objections to the Complaint of Plaintiff, Amy Kibe ("Plaintiff'), averring the following in support thereof: I. This personal injury action was commenced by Plaintiff by filing a Complaint on or about June 11, 200 I. A copy of Plaintiff s Complaint is attached hereto, made a part hereof and numbered as Exhibit "A." 2. In her Complaint, Plaintiff alleges that she was a passenger in a golf cart when it was allegedly struck by an automobile. (See Paragraph 7 of Plaintiffs Complaint.) 3. In her Complaint, Plaintiff makes claims of negligence against Cumberland Golf by alleging the following, in relevant part: The negligence and carelessness of defendant CUMBERLAND GOLF COURSE, INC. consisted of: a) Failing to design, construct, and maintain the roadway for safe condition for ordinary travel; ~- - ~ -''-- ! "~,. - c~< n" " ,;' :<~,..';i,^, y, \Ji!" ;~-" - ~ t~, b) Failing to prevent or correct a dangerous condition which it knew or should have known to be dangerous; c) Failing to put up warning signs, warning devices, or other similar devices for the protection of motorists from the dangerous condition; d) Failing to post warning signs in the immediate area notitying motorists of the dangerous and ultra hazardous condition; f) Failing to properly construct, post, and maintain a public roadway which would protect travelers from an unreasonable risk of harm; and g) Failure to exercise reasonable care in notitying patrons of the uncontrolled intersection of the golf course roadway and Ritner Highway and Greason Road. (Paragraphs 9 a, b, c, d, f, and g of Plaintiffs Complaint.) 4. Additionally, an examination of Plaintiffs Complaint shows that the verification was executed by Plaintiffs lawyer, and not by Plaintiff. 5. Pa. R.C.P. Nos. 1028(a)(2), and (3) state that: (a) Preliminary objections may be filed by any party to any pleading and are limited to the following grounds: (2) failure of a pleading to conform to law or rule of court of inclusion of scandalous or impertinent matter; (3) insufficient specificity in a pleading; Id. 6. As discussed in greater detail below, Plaintiffs Complaint is in violation of the aforementioned Peunsylvania Rules of Civil Procedure and accordingly, Cumberland Golfnow timely files these Preliminary Objections. ;f "~~ ~~".~ " ~: - ~, -- ," _', _"'_"""~.,,,'_; .-O)! ^" 'o'~~tF I. Preliminary Objection for Failure of a Pleading to Conform to Law or Rule of Court and/or Insufficient Specificity in a Pleading. Pursuant to Pa. R.C.P. Nos.1028(a)(2) and/or m. 7. The averments contained in paragraphs 1 through 6 inclusive hereof, are incorporated by reference herein as if set forth in their entirety. 8. Pa. R.C.P. No. 1019, specifically states, in relevant part, that: (a) The material facts on which a cause of action or defense is based shall be stated in a concise and summary form. Id.... 9. Paragraph 9 a, b, c, d, f, and g, are nothing more than mere boilerplate allegations of negligence. For example, nowhere in those paragraphs does it identifY what, if anything, was allegedly wrong with the area in question and/or what was the nature of the the alleged dangerous condition. 10. Without the required specificity in the Complaint, Cumberland Golf cannot properly prepare an Answer With New Matter to Plaintiffs Complaint. 11. Accordingly, Cumberland Golf respectfully requests that Plaintiffs Complaint be stricken in its entirety, or in the alternative, that Plaintiff be given ten (10) days in which to file an Amended Complaint. WHEREFORE, Defendant, Cumberland Golf Club, Inc., respectfully requests that this Honorable Court issue an Order striking the Complaint of Plaintiff, Amy Kibe, in its entirety, or in the alternative, direct Plaintiff to file a more specific pleading within ten (10) days of the date of said Order. II. Preliminary Objection for Failure of a Pleading to Conform to Law or Rule of Court. Pursuant to Pa. R.C.P. No. 1028(a)(2). 12. The averments contained in paragraphs 1 through 11 inclusive hereof, are ~,'1IilIIIloiM ~~ "" ~, ,')" '.- > c;- 'o~jl '" , ,-'''" ; ,,,;',--,-~,~,;,;.t-,~,,,,),,,;-,;:,;,; _l"'j':__'~"" lJ':";:;"\i; incorporated by reference herein as if set forth in their entirety. 13. Pa. R.C.P. No. 1024, specifically provides, in relevant part, that: (a) Every pleading containing an averment of fact not appearing of record in the action or containing a denial of fact shall state that the averment or denial is true upon the signer's personal knowledge or information and belief and shall be verified. (c) The verification shall be made by one or more of the parties filing the pleading unless all of the parties (I) lack sufficient knowledge or information, or (2) are outside the jurisdiction of the court and the verification of none of them can be obtained within the time allowed for filing the pleading. In such cases, the verification may be made by any person having sufficient knowledge or information and belief and shall set forth the source of the person's information as to matters not stated upon his or her own knowledge and the reason why the verification is not made by a party. Id. 14. An examination of Exhibit "A" to the instant Preliminary Objections, reveals that the verification attached to Plaintiff's Complaint was executed by Plaintiffs attorney in violation of Rule 1024. 15. Furthermore, no where in the verification does it "set forth the source of the 'person's information as to matters not stated upon her own knowledge and the reason why the verification is not made by a party." Pa. R.C.P. No. 1024(c). 16. Accordingly, Plaintiffs Complaint must be stricken in its entirety, or in the alternative, Plaintiff must be required to file a verification within ten (10) days of the date of any sllch Order to do so. WHEREFORE, Defendant, Cumberland Golf Club, respectfully requests that this Honorable Court issue an Order striking the Complaint of Plaintiff, Amy Kibe, in its entirety, for failure to attach the proper verification, or on the alternative, direct Plaintiff to file a proper verification within ten (10) days ofthe date of said Order. ,~ -. . DATE: 7/5i01 ~= , ' ;;.;"-1" ,b;~~~ J",'" ",--"". "';"'" ~,'di' .~, " "'~ " "; Respectfully Submitted, By: nthal, Esquire l\ttorne .55672 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 ~~ " '>'.1 ", . ",-i:;;';,:b.C:":",;,:",,~~ 'wr.r,;ii,,, 06/26/2001 15:26 FAX 1 21~916U3 }8411095"S UD/~~/UL ~4:aY ..u. ~ ~UM al 01 OS:02a MYERS & LIERO SELECTIVE INS. -, , 1j!J007 .. PHIL STAFF COUN Ia1 007/019 RAn.. Lef'Avel"' I, .J juv~ Ip / tor;; /0(" . --..... -- - "--.... 1"1 2..... c332 i"""-" ,..,,~- --.:.-.- p.S " I I 1 3 ?5!C. t - (;()5~ MY"CHAX GECICLE .. WELKER, P, C _ By: John R1ghtmyer, Esqu~re Ideutification No.: 73~99 430 South Broad Street S:leventh Floor Philadelphia, PA 19102 (215) 735-332Ei I Att mey for Plaintiff AMY KIBE 401 Chestnut Street Marysville, PA ~7053 : ; COURT; OF COMMON p~~ ERLAND COUNTY" I 1 ! v, ctJMBERLANo GOLF CLUB, INC. RD 5 Carlisle, PA 17013 and TERI S. FROMBAUGH 1010 Alexander Spring Road Carli.le, PA 17013 and LAURIE JO DEBARR 33 Victoria Way '.Camp Hill, PA 17109 : , NO. : c/ -J~77. : c o residing at 401 1. Plaintiff AMY KIBS Chestnut Street, in the City of Marysvill, County of Perry, Commonwealth of PennsYlvania 17053. 2. I' , Pennsylvan~a Corporation organized and exi t~ng under the laws Defendant CUMBER~ GOLF ~UB, : NC., is ~ ! of the State of ~ennsylvania and doing bUSiness in ~ennsylvania, and is engageci in rec:reat:ionlancl. encerta~nmen~ i with its prinCipal place of business locat,d at RD 5, in the I, City of Carlisle, county of Cumberland, co~ onwealth of Pennsylvania 17013. -' , c1ult individual lhe city of Carlise. i I 3. Defendant TERI S. FROMBAUGH is resid~ng at 1010 Alexander Spring Road, in '-.' I '. 06/26/2001 15:26 FAX 1 215 563 1410 UU/~1/01 14:39 tr610 481 9538 ,~I, , '~, " "" ' " 4'~,", .cw"~'" ~ ," ~"'~o$l?i: .Jun 21 01 OS:02a MYERS & LIERO SELECTIVE INS. 1ilI008 IZI 006/019 Re".. Le-f'eve... .~, ,;In' :)' 'i MYCHA1C. GECXLE & WELKER, P.c. By; John Rightmyer, Esquire rdent1f1ca~ion No.: 73199 230 South Broad Stree~ Eleventh Floor ~hiladelphia, PA 19102 (215) 73S-3nli AMY KISE 401 Chestnut Street Marysville, PA 17053 v. CUMElERLAND GOLF CLm!.. IN'C. jiU;l 3 ~;;"fS' .{..h....~ Hwy Carlisle, PA 17013 and TERI S. FROMBAUGH 1010 Alexander spring Road Carlisle. PA 17013 and LAURIE JO DEBARR 33 Victoria Way Camp Hill, PA 17109 IV L. IIOTlCl ...... ..... ..... -.. -. "-. -.. -"'- .. ,......... t.... .. .... .......... ......' ... _ ,.......... ..... ....., '2.' ..,.. ..... ... .......... ... .... .. ....". ... -..... . ....i_ .....-.._ ......... .. ., ..-, ... ,.... .. ...... - ... -.. -"""-. ........ ,,..... .... - .... ..... .... ...... _-c _",...,,,,,.... "" --, -..........--. ."..... .... ... ...... ..... ... .. .. .... -~... ....... ..... .. .... -... ~..,'..,.... ..,,--- -... ., ..... .~. .. -. ..-- -. .. .......... .. .r ......-.. ......'11..... ....~I~....... -.ftI, .1""'. n.. ,..... "HI lit ""'. ....::~ AW ,-,.q "1M11IO_~_V. "'U_~.oe~A .IIMn _. ,;n ftJ n. ftU....DII. _& OF.... ..., ....'" .. LO" '0 n>oin '"" _Ntal ,,_ It'.... cay ., 'If;.~ 11I11. C~erland County Ba~ Associat~on 2 Liberty Avenue I.... PHIL STAFF COUN 117 2.... 2332 ro. p.5 I Atto' ey for Plaintiff COtJRT 1 F COMMON PLEAS ClJMIi] RLAND COUNTY NO. : (;) -.JJ:'19 Cf~~L 7~ co PY FROM REroRO . iaOi. I h6l'G unto -1JIf bind saiI:l at CailisIB. Pa. W . ,I II I I .... ... ...... I ........ ....... . ..W ......-r .......... . ..all! .IIIIII~ .........._ .. La ~ --. -. .....' _Iilll...... _. ..... .... -.. . "....... . .. ........... _r ...~.. __ -........ -TOO.. r ..- -_...., ......... 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Defendant l.AtlRlli: JO DEBARR is a.ni] ac1ul t iodi vidual residing at 33 Victoria Way, in the city Wf Camp Hill, County of CUmberland, COmmonwealth of l'ennsylvan! a. 1.7109. ,~I~ , ,.,';,' y." 06/26/2001 15:27 FAX 1 215 563 1410 06/21/01 14:39 ~610 481 9S38 R"".. LeFeve,. ',--' . . , " , 5. On or about June 24. 1999 at ap roximately 5:50 p.m. I , plaintiff AMY KIBE was a passenger in a 9, If ca~t d~~ven by LAlJ1UE JO DEBARR on T451. (Greason Road) I ci (Ritner Highway) SR 0011 in West pe:uusboro 'I'own:rhip, County o~ Cumberland, Commonwealth of Pennsylvania when it was truck by a 1996 Dodge, Int.reped driven by '!'ERr s. FROMBAU~H. COUNT :I A!a X:IBE v. 1.- C1JMBERT.2l.ND C:OLF CLUB. ~ 6. Plaintiff AMY KISS hereby incorp~rat&s by refe~ence ,I parag~aphs one (1) throusrh five (5) inclui ive as though SalOl! were set forth at length herein. On or ....bout: June 24. 1999 a.t ap,roximately S:SO p.m. , i plaintiff AMY KIBE was a passenge~ in a ~ If cart driven by i LAURIE JO DEBAP~ on T451 (Greason Road) ~hd (onto Ritne. " " !I Highway) SR OOll. in West pennsboro Town:;:~I?' coun1;y of I. Cumberland, COmmonwealth of Pennsylvania ;then their golf care was aaused to be st.ruck by a vehicle due I 0 defendant I CUMBERLAND GOLF COURSE. INC.'s negligent:: etion in improperly , 1 roadway surf~ e and their failure 7. maintaining the golf course to place warning signs. and barricades a~ the intersection of the golf course ~adway and Greason Roadj~nd Ritner Hi9h~y. I I I I -' . ~ ", , ~~. - "",I', .1,,'. ",' .: ',,=, . -~~- ~. 06/26/2001 15:27 FAX 1 215 563 1410 UU/~i/Ul 1~:40 ~610 481 9538 JU" 21 01 OS:03a R.n.... LeFever .MYERS & LIERO SllLBCTIVE INS, 717 .. PHIL STAFF COON <:44 2:332 igI010 igI009/019 r.e ,-,' ...." 8. On or before June '24, ~999, CUMSER.LAND GOLF COURSE, INC. was aware that the the reacL, private golf course, street and/or h1ghwa' upon wh~ch plaintiff was injured was dangerous, I 9. The negligence and carelessnessief defendant CUMBERLAND GOLF COURSE, INC. consisted of; al Pailing to design, co'struct, and mainta~ the roa.dway for safe :ondition for o:rdinary travel i : . h) Failing to prevent orl correct a dan!;Jerous condition which it kn'w or should have known to be dangerous' c) Failing to put up wa ' ing signs, warning devioes, or Q her similar devices for the protection o~ motorists from the dangerous condition; ; I 1 d) Failing 1;.0 pose wa:rn 'J g signs in the immediate area notifYt'ng motorists of the dangerous a.nd ulerill. h zardous condition; e) Failing eo replace or erect proper eraffic con~rol ~evices at t above mencioned iJ.reai f) Failing to properly nstrucc, post, and maintain a public ro way which would protect travelers fr an unreasonable riSk of harm; and : g) Failure 1;.0 exercise easonable care in notifying patrons of!tbe uncontrol~ed intersection of I;.ne olf course roadway and aitner Highway and G,eason Road. i , , 1 10. Solely as a result of the nagl gen~e of the aforesaid d by Plain~l~ff ~.~, KIBo Defen ane, the vehicle occupied _ =~~ Q was: caused to be violenely struCK by a motorlvehicla resulting in serious ~nd painful. personal injuries, i~ClUdi.ng, but not' limiee~-to head injury with brief lose Of oonsciousness; left acromioclavicular separaeion, firsc degjfe; multiple abrasions ,1 'I , ,~ 06/2~2001 15:28 FAX 1 215 563 1410 ----. 6/21/01 14:40 !tOlD 481 9$38 9., li_ilIi1ii,;.~ , ~:,:', ::' ;>_ ~~"k. -i "-~, "" ,. <-""""'ioT<l face and -, .. extremitie.s> MYERS & LIBRo SllLBcrIVE INS. 1+ PHIL STAFP COON Rer-. ~.~.v.r 71? 44 233~ '''''''''-''1 , -earring, 'overe ...t....., and 1uobar As a furt1ier result: of this ilCo..i.~ent, Plaintiff AMY , I 19J01l ~OlO/Ol9 ~ t"'.- I Jun 21 01 05~03a st:rain. 11. KrEll!: incurred Ii severe shock to her nerve nervoulil sYl!lte~1 great physical pa.:i.n);lI1Q mental anguish prevent:ed from attending 1;0 her usliiaJ. duties, nd avocations, all i of which may contin~e to an indefinitel:i in the near future. I 12. As a direct. a..I1d proximate ;n!iilUl: , I aforementioned. Plaintiff AMY KI8E has orJmay , i :" the negl~gence as suffer a severe 108& of earnings, a.nd impairment of her e! rning capacity or I power, wnich such l,bSS ot income and/or 1j continue for an ind: finite period ineo irment of earning capacity or power ?y the future. 13. A5 a dir~.ct and reasonable reaui t of the aforementioned aCC~dent, Plai~tiff AMY K~ may have or may hereinafter continue to incur financial anses or lo~ses which do or may ~ceed amoynts which encitled to recover. 1.4.. As a direct and proximate resu t of t.he aforemention~d in~dent and the injuries: and damages sustained : i by Plain~iff AMY *IBE has been and/or ma' be compelled to mocialitiel5. i aide, mediCin, and/or other similar related Lnst~ ntal~t~es and/or i expend monies fori medical medical and/or medically I , 15. Defendant is solely liable fo Plaintiff's inju~ies . I I described herein}. inasmuch as ~laintifflls injuries are tne / , :, I direct and proxi~ate result of its nagl gence, carelessness and , I : (": <~ ~- ,< 06/26/2001 15:29 FAX 1 215 563 1410 06/21/01 14:41 tf610 481 9538 ,I~, . '~ , ',.,,~, ' ,- , ' - '",., , - ':~,i>,' ';::;"-''. ,', 'U ~-<<ii;,-i;~ MYERS & L1ERO SELECTIVE INS. "r" PHIL STAFF COUN ! 1i!I012 IiII 011/019 '----.' recklessness as see forch above. i WHEREFORE, Plaintiff AMY KIBE deman s damages of Defend. ant . I CUMBERLAND GOLF COURSE:. INC. for a SUIlI n' t in excess of Twenty- Five Thousand ($25,000.00) Dollars, plus coses, delay damages and interest. COON'1' t AMY :aSB v. 'l'ERI S. Il'ROMBAUGH 16. plaintiff AMY KIBE hereby ineo orates by reference I , paragraph," on. (1.) through fifteen (lS) nclusille as though same were set forth at length herein. 17. On or about. June 24, 1999 at 5:50 p.m. by T4S1 (Greason Road) Plaintiff AMY KIBE was a passenser in a LAURIE JO CEBARR on a solf course road and (Riener Highwa.y) SR 0011 in West Pen. shoro Township, County , of Cumtlerland, Commonwealth or Pennsylva: ia when she was s,truck I I by a 1996 Dodge, Intreped driven by TERI:S. FROMBAUGH. I 18. At the a.foresa.id time and plac I " Defendant TE:RI S. , FROMBAUGH was negligently operatins herotor vehicle which suddenly and 'w:l.thout warning was causeCl 10 violently st:rik;e ehe I golf car~ occupied by Plaintiff AMY KIBE!which resulted in ~evere and serious personal injuries to ,laineiff. i 19. As a result of the above-menti'ned mot.or vehicle I I ' ~ccident. plaintiff sustained various pe' sonal injuries arid incurred various medical expenses in ~ndilabout QndeavorinJ to cure herself of said injuries, more full~ described - here:l.nafter. 06/26/2001 15:29 FAX 1 215 563 1410 06/21/01 14:41 tt610 481 9838 Jun 21 01 09:04a "' ~><- "'""l~~--d'~:'~"'; [ " - ~l , "",,,,,c,; - /'..' , IlYERS & LIERO SELECTIVE INS, -+ff-+ PHIL STAFF COUN 717/1244 2332 ~-~. 1aI013 14l"O12/019 , p.ll --- Re..... Le..."..,.. 20. The aloresaia occurrence ana e injuries to , ~l~intiff AMY KIBE were caused solely by ;he negligence, carelessness and recklessness of Defendanl in: I al Pailure to observe tra1tic control deviceS; '"j . '1 I ~ Fa~ ure to properly op rate ana cont~ol his vehicle; I , c) Failure to yield rightiof way to traffic; dl el i p.oPrr lookout.; Failure to ~eep _ fl , Failure to t~avel at ai safe speed under tne circumstances/ ; i , Failure to give proper! and sufficient warning of approach; I Failure to operate a v' hicle with due regard for ~he righ~s,! safety and well being for others; : gl hI , Failuro to operate sa~ manner so as to be abL assured clear discanc~ vehicle to stop ahEiad; in IOuch a within the 11 Failure to maintain a ' afe distance from Plaintiff; j) Failure to warn and p' tect Plaintiff from dangerous conditions , ich have caused serious per~onal inju'$s; kl Violating the various! ules of the road. ordinances of the Com nwealth of Pennsylvania ana/or W'l:h regard to the operation of a common I carrier motor vehicle upon public highway; . ' i 1) Approaching an uncont~olled intersection with a moderate volum of cross-tr_ffic at an excessive speed an without maintaining proper attention to t e cross-traffic_ I i , 21. Solely as a result of the nagl' genee of the aforesaid Defendant, the v~icle occupied by Plain~iff AMY caused to be viOlently struck by a mo~cr~veniCle ~ ~~, KJ;BE l~as - resul-:.ing in j 06/26/2001 15:30 FAX 1 215 563 1410 06/21/01 14:42 1JS10 481 9538 " .,1,,,;, '.. ,-'<"'-,,', " "">--<'~."^' ,., , '" . ~ Jun 21 01 OS:05a MYERS & LIERO SELECTIVE INS. -+1 -+ PHIL STAFF COUN 7171244 2332 _I I , i i I I serious and painful personal injuries. ine'uding. hue not J;!e,..... LeFev..,. 1aI014 ~I013/019 ! p.lO:! .~' limited to nead injury with hrief lose of I onsciousness; left ~crom~oclavieular separation. firs~ degre~ multiple abrasions ; face and ext~emities; and lumbar strain. 22. As a further result of this acc~ ent, Plaintiff AMY KIBE ~n~ur~ed _ severe shock to her nerve~ and nervous system, great physical pain and mental anguish an was prevented from , attending to her usual duties. activities:and ~vo~at~on$. al1' of which may continue to an ifidefinite tie in thQ near future. 23. As a direct and proximate resul, of the negligence as aforementioned. Plaintiff AMY K~BE has orimay suffer a severe loss of earnings. and impairment of her power, which such loss of income and/or c~pacity or power may continue for an period into the future. '/ 24. As a direct and reasonable reSUt of tne .foromantioned accl".t, .'aintiff AMY " . may nave o. may hereinafter continue to incu~ finan~ial ~ enSeS or losses I which do or may exceed amounts which she! oeherwi~e be en~itled to recover. 25. As a direc& and proximate result of the I . aforementioned incident and the injUrieS~and ~mages susta~ned by I?laint.;i.ff AMY KJ:BE has been and/or ma.~ be compelled ~o.. expend monies for medical a1de. medicine I and/or other s~m~lar medical and/or medically related instrum,ntalities and/or: modalities. " 26. Defendant is solely liable foril Plaintiff I s ! injuries " ~ = '~ ~I- ,,,' , C i" ',',,,.,', ". "'<~;'. .~" 06/28/2001 15:30 FAX 1 215 563 1410 06/21/01 14:42 ft610 481 9536 MYERS & LIERO SELECTIVE INS. -+rr-+ PHIL STAFF COON Re~.e LeFever 71~11244 2332 '- i .'-'-1 ! 1jg015 JaJ:014/019 p.13 J...n :el 01 OS:05a .' described herein, inasmych as Plaintiff's I . . I nJur:l.9S , are tbe '. I 4irece and proximate result of her neglige ce, carelessness and I ~eckl~ssneas as set forth ~ove. , , demand11dam5ges of Defendant excess I~f Twenty-Five costs.! delay damages and ; I I I WHEREFORE, Plaine1ff AMY KlBE TSRI S. FROMBAD'GH for a sum not in Thousand ($25,000.00) Dollars, plus interest.. COUNT II AMY xn. v. LAtI1lJ:E D1i!Rll. RR 27. P .inciff AMY KIBE hereby inco rates by reference I . ! paragraphs Cl)ne (1) through twenty-sJ.lC (26); i.nclusive as though same ~ere s t forth at length herein. 28. 0 or abouc June 24, 1999 at , I ap oximately 5:50 p.m. plaintiff KIBE was a passenger in a g If cart drive~ ~URIE JO D[::R on a golf course road anJ T4S1 (Greason and (Ritner Highway) SR 0011 in West penn~boro Township, of cumherla d, Commonwealth of pennsylvan~a when she was I by Road) County struck by a 1996 0 dge. Intreped driven by TERI FROMBAUGH. 29. A a result of the above-mentio'ed motor veh~cle cure h~rself of said injuries, more fully! described here:i.n"ftei' I ' 30. ~he aforesa1d occurrence and th injuries to Plaintiff ~ KISawere caused solely by : he negligence, , I carelessne1s and recklessness of I I ; Defendan \1 ,I I in: - 06/26/2001 15:31 FAX 1 215 563 1410 08/21/01 14:43 tt610 481 9538 Jun 21 01 oe'05s MYERs & LIERO SJlLBCTIVE INS, , ,~_'_,'" I" ' - '_" E. ~'-'.~ -'.' >.,,' ~ 71~ PHIL STAFF COUN 44 2332 , <;:;~',i '0: ';:",~~'< ' iii 016 ~ 016/019 : p.14 "-' Rer... L$f'ever -,_.' " a) , Fa1lu~a to observe traf: ic control devices; Failure to properly opet!late and control his vehicle; , , , Failure to yield right : f way to traffic; FailY~e to keep a propir lookout; Failure to travel at a!~afa speed under the circumstances; ;1 Failure to g1ve properila~d aufficien~ wa.rning of approach: : Failure to operate a V!'hiCle with due regard for the rights,:safety and well being for oenera i i Fail~re to operate sai; vehicle in such a manner so as to ce &bl[ 1;:0 stop withi.n ene assured clear distance, ahead, Failure t'? maintain a ! afe di5tance j:rom other veh~cles; ! bl c) dl el f) gl hl il Failure to warn and p~ tece Plaintiff from dangerous condicions W ich have caused serious ~ersgnal inju~'es; and i k) Violating the various i ules of the road, ordinanc~5 gf the Com'onwealth of Penn5ylvania and/or wth regard to the operation of a common :,carrier mocor vehicle upon public highway. :i 31, Solely as a result of the negl#gence of the aforesaid Defendant, Plaintiff AMY KIBE was caU5ed~to be v~olently Qtruck by a motor veh~cle resulting in 5erious ~nd painful personal injurie5, including, but not limited to ead injury wit.h brief I I lose of consciousness; left acromioclavil ular separation, first j) degree; multiple abrasions face and extr, rnitiesi and l~mbar IItrain. ':1 " 3~. As a further result of this a9ci~ent, Plaintiff'AMY " ,; KIBE incurred a severe shock to her ne~es and nervOQS sys~om, 'I 'I I , I I 06/26/2001 15:31 FA! 1 215 563 1410 06/21/01 14:43 ~610 481 9538 MYERS & LIERO SELECTIVE INS. I""".",],; k~:oi->;i:<; ,; " -"'1" J~M 21 01 09;OSa ~e""" Lef"8ver ",-,' ...~ I 71" I ! --.,' PHIL BTAFF COVN 44 2332 1aI017 141016/019 p.15 I great physical pain and mental anguish andiwaLs prevented from attending to her usual duties, activities! nd avocations, all of which may continue to aD indefinite ti~ in the near future. , 33_ As a direct and proximate ras~11 of the negligenCe as , aforementioned, Plaintiff AMY KISE has or i suffer a severe loss of earningli, and impairment gf her e: .ing eapaQity or, power, which such 10$S of income and/or airment of earning capacity or power may continue for an period into the fuc~re. 34. As a direct and reasonable resu t of the afor~mentioned accident. Plaintiff AMY KI E may have or may hereinafCer concinue to incur financi.l =pcnse~ gr ~osses which do or may exceed amounts whi<::h she I y othe:rwise be I encitled Co recover. :1 35. As a direct and proximate reSUl~ of the aforementioned incident and the injuries' nd damages sustained by Plaintiff AMY KISS has been and/or ma~ be compelled co expend monies for medical aide, medicine, nd/or other similar medical and/or medicaLlly related instrum tali ties aLnd/or It\Odaliti.as. I I 36_ Defendant. is solely liable for/pla.intiff's in.jur:ies described herein, inasmuch as Plaintiff'~ injuries are the direct and proximate result of his negli~enCe, carelessne4s and recKlessness a.s see forl:h above. ;1 WHEREFORE. ~laintiff AMY KIB~ deman~s damages af Defendant LAURIE D~BARR fo~a sum not in excess ofJTwentY-F1Ve Thousand ($'<,000.00' Do11.r., p1u. oo.ts, ..,.Y!r-..... snd i.o.root :1 I " ~~;,..'- ,-,';, "'--;:..",....,. Iiiiilllt~~c: 06/26/2001 15:32 FAX 1 215 563 1410 06/21/01 14:43 ~610 481 9538 Jun 21 01 oe.OSa R"".. LeFever MYERS & LIERO SELECTIVE INS. 71'7 .. PHIL STAFF COON 44 2332 ! 1ai018 I4Ip17/019 ; p. ... ! .', ..~ ......... v Kri'I I, JOHN RIGH'l'MnR, 13l!lqllire, hereby ~tate tbat I 1O.m t:b.e :1 attor.ney for the plaintiff in cbe witbin: tter and tbat the i i facts set fortb in tbe foregoing Civil Actin Complaint are t~e and correct co the best. of my knowledg', infol:"tllation, and beli.ef, and chat false statements herein arb made subject to the penalties of ~s I'a C.S. Section 4904. ::~elating to unswo:qt falsification co aut.horic~es. I 'I il d/,sfdl &, ESQUIRE t.he Plaintiff :: .' :1 " :1 ,I ,I I II ,I II I I I 06/26/2001 15:32 FAX 1 215 563 1410 0~/21/01 14:44 tf610 481 9538 " I; ,-,,,,,, " .-:~~" -" " .l1JWIIl:i<I@',L Ju" 21 01 09:07a MYERS & LIERO SELECTIVE INS. ~ PHIL STAFF COUN Re~oe ~eTev.r ?l?j 2~4 2332 "'_' "w_'! , , 141019 141 PIS/019 , ; ,.. 1? M'lCHAX GlilClCLE Ii: as " result or their negligencB, carelessness set forth above. P.C. By: J. :rem ,.Attorney ~. R, ESQUIRE f: r J?laint:l.ff OAnD: ~.4W/ i il :1 :1 'I ij 'I , I' .' I ,j I ,1 II i II ~,' ~ ~ I l1~tMi.,'-: CERTIFICATE OF SERVICE I, Jessica Brady, an authorized representative of Margolis Edelstein, hereby certify that I served a true and correct copy of the Preliminary Objections of Defendant, Cumberland Golf Club, Inc., with reference to the foregoing action by first class mail, postage prepaid, this 5th day of July, 2001, on the following: John Rightmyer, Esquire Mychak Geck1e & Welker, P.C. 230 South Broad Street Eleventh Floor Philadelphia, PA 19102 Teri S. Frombaugh 1010 Alexander Spring Road Carlisle, PA 17013 Laurie Jo Debarr 33 Victoria Way Camp Hill, P A 17109 1:~~ " ~ . ;,-.~ -_r., ,^-,-, , ~ '",' .,,"-',:;'.' GOLDBERG, KATZMAN ,& SHIPMAN, P,C. Jefferson J. Shipman, Esquire ID#: 51785 PO Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Fax: (717) 234-6810 Attorney for Defendant, Frombaugh "/. -'-'~ ' C;".",__"".,,', +~'~'::;:<':::~;:; ,J--,:::_:--,::~~}~}:;~:;" ;}ff-' -,,',,>,,-,", "'-'iii~ - AMY KIBE, Plaintiff v. CUMBERLAND GOLF CLUB, INC., TERRY S. FROMBAUGH, and LAURIE JO DEBARR, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3599 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE Please enter the appearance of the undersigned on behalf of the Defendant, Teri Frombaugh, in the above-referenced matter. DATE: '7 / b / (jf Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, p.e. B rson J. Shipman, Esquire #: 51785 P.O. Box 2361 Harrisburg, PA 17108-1268 Attorneys for Defendant, Teri S. Frombaugh - ~< ,..;" ,-->-. - " ','__:,-oi",~~~,_ -'''';-",:O'~ '.''C~' -"'_~' ~'~v.l/' ;"~"'-"" :", ",', ,,-, ',~ '~'" - "-'--'"- ",,'_"d'",," ""-e_"- -~..~'"'; ... CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows on July 6, 2001: John Rightmyer, Esquire Mychak, Geckle & Welker, P.C. 230 South Broad Street, llili Floor Philadelphia, PA 19102 Attorneys for Plaintiff Cumberland Golf Club, Inc. 2395 Ritner Highway Carlisle, PA 17013 Ms. Laurie Jo Debarr 33 Victoria Way Camp Hill, PA 17109 GOLDBERG, KATZMAN & SHIPMAN, P.C. fferson J. Shipm n, Esquire .D. #: 51785 P.O. Box 2361 Harrisburg, PA 17108-1268 Attorneys for Defendant, Teri S. Frombaugh ieBirth' i!llJi~" j >",:,,;,',~h",~,"" ""~,.i!i:inr,J~'~~~:':"';;';":"'{ ,'-~,;; ,:",,'" ,:\:'--:<,:,'-:';::" l,,~ '-'-1JiiJ.~"'~i""';";"{ o,~~~~,." 'C"~. ,~"" >~'_d'"'~~",. ''',-<,,''',' ," "~,, -,,' , :J,,~"-~> ":__"'-".k,.aEh~'" ; .,''-;' ,;.. ~" ' . ~ . ~ ~~" "~ ',~ " -"J , ~- ..' '~ P':,,,,;,",,~,- """'-'.- ''''.,,'_~;C'' '.,,-n,....' ,< "~('l " C) ,""" "n :< ,i) >l( "'_'-'~''-',,"'';' ~k"";i;.,';'-;";;,__",, _,~,""":' ,_~=_, -,''',,',' ,'.",", ,>'''~.-,-, ;,">:'1<': ,; '"",'''':';;~';,~'~,~~'; '~;i,1~~L;~;~ti~~:~{,:_'-~":':-- ",<,-,-,,{,,~: " ,...... r AMY KIBE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 01-3599 CUMBERLAND GOLF CLUB, INC., TERI S. FROMBAUGH and LAURIE JO DEBARR, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Laurie Jo DeBarr, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER, P.c. Brian N. iii, I.D. #85948 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 , , ~" "," ' ,,' ~',' '. ,,,,,' ",;,-:",-,', ~"---- ,'.,," ,', """:'~;''-'';:'.J'\,,,,,',<,;I_ c--~-",~:_' ,',:; '~,,:,;,,,-,,,,"~!~>,;: ,:,:",-:";,',~~di';&,;'",,_ '''''', ;."c :"'it,~ . . , CERTIFICATE OF SERVICE AND NOW, this !:!'.- day of July, 2001, 1 hereby certify that I have served the foregoing Praecipe for Entry of Appearance on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: John Rightmyer, Esquire Mychak Geckle & Welker, P.C. 230 South Broad Street - 11th Floor Philadelphia, PA 19102 Attorney for Plaintiff ~- ~~~!:tL::Mil;; iI!i~H~~~' =:,',"~_.~ ,~ ~'_l.i[Ut:,,' -'\\'1~~~'~jjiiMl1":~>"';;"'~ .: ~, ~; "'"""" ., ~,- .'~",~,"";'J, 'i~"~ '.J",' ,0", ","";",;k., " ~" .- 0 '---' c: s. l} , L\i , ".. ..,". ~. ','"' CJ -: ~ , '''''':1 " ._n ~~ .....'. r',) '~,j " ~. -..--.::, OJ -'~ --<C '., ~; m "_',~ "~_ ~ ,""~' "'-~'.I' w'_ ,-",',^ ,~,--,.~" ",~~"",,,'"!W--''' -'" ,~'>"" ,,;' . GOLDBERG, KATZMAN & SHIPMAN, P.C. Jefferson J. Shipman, Esquire IDiI: 51785 PO Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Fax: (717) 234-6810 Attorney for Defendant, Frombaugh AMY KIBE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3599 CIVIL TERM CUMBERLAND GOLF CLUB, INC., TERRY S. FROMBAUGH, and LAURIE JO DEBARR, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED 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. rson J. Shipma , Esquire #: 51785 P.O. Box 2361 Harrisburg, PA 17108-1268 Attorneys for Defendant, Teri S. Frombaugh DATE: I / I (" I 0 I . = ~'=='I--<" ""~'"- "~" '.""," ,--",~,,~~". b'".-",., ""J'fi>-,i GOLDBERG, KATZMAN & SHIPMAN, P.C. Jefferson J. Shipman, Esquire ID#: 51785 PO Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Fax: (717) 234-6810 Attorney for Defendant, Frombaugh AMY KIBE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3599 CIVIL TERM CUMBERLAND GOLF CLUB, INC., TERRY S. FROMBAUGH, and LAURIE JO DEBARR, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER AND NEW MATTER AND NOW, comes the Defendant, Teri S. Frombaugh, by and through her counsel, Goldberg, Katzman & Shipman, P.C., and files the following Answer and New Matter in the nature of a cross- claim, as follows: 1. Admitted. 2. Admitted. 3. Admi tted. 4. Admitted. 5. Admitted in part, denied in part. It is admitted only that on or about June 24, 1999 that the Plaintiff, Amy Kibe, was a passenger in a golf cart driven by Defendant, Laurie Jo Debarr, at the intersection of T451 (Greason Road) and SR 0011 (Ritner Highway, in West Pennsboro Township, Cumberland County, '-,,"o_~ ,~," "~="~ """,~,." ~- " c_^~ ','",,-,,-" """"'~"."'?/1{ Pennsylvania. The remaining averments of Paragraph 5 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. COUNT I AMY RIBE v. CUMBERLAND GOLF CLUB, INC. 6. The Defendant, Teri S. Frombaugh, incorporates herein by reference her answers to paragraphs 1 through 5 as though fully set forth herein at length. 7-15. The averments contained in Paragraphs 7 through 15 are directed to another party and accordingly no response is required. WHEREFORE, the Defendant, Teri S. Frombaugh, respectfully requests that judgment be entered in her favor and that Plaintiff's Complaint be dismissed with prejudice. 2 '"'I "'~ ..,~" " ~ .,~~,,- 0 ., ~~"~, """"~ ~', '~'_' 'i;:j COUNT I (sic) AMY KlBE v. TERl S. FROMBAUGH 16. The Defendant, Teri S. Frombaugh, incorporates herein by reference her answers to paragraphs 1 through 15 as though fully set forth herein at length. 17. Admitted in part, denied in part. It is admitted only that on or about June 24, 1999 Plaintiff, Amy Kibe, was a passenger in a golf cart driven by Defendant, Laurie Jo Debarr, at the intersection of T451 (Greason Road) and SR0011 (Ritner Highway) in West Pennsboro Township, Cumberland County, Pennsylvania. The remaining averments of Paragraph 17 are conclusions of law and fact to which no response is required. 18. Denied. The averments contained in Paragraph 18 are conclusions of law to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. By way of further response, it is specifically denied that the Defendant, Teri S. Frombaugh, was negligent in any manner with respect to Plaintiff's alleged cause of action. 19. Denied. After reasonable investigation, the Defendant, Teri S. Frombaugh, is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 19 relating to Plaintiff's alleged injuries and medical 3 . , ~<'",~'~.,~' ',';'-'.,'".~ "~',-~ ' ' "''-'"'' F~,*,,~"','~"-"''''~'"~~__'---''''__'"' '0' , '<, J~i~:1 expenses and the same are therefore denied and strict proof demanded at the time of trial. 20. Denied. The averments contained in Paragraph 20 and subparagraphs (a) through (1) are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. By way of further response, it is specifically denied that the Defendant, Teri S. Frombaugh, was negligent, careless and reckless in any manner with respect to Plaintiff's alleged cause of action. (a) Denied. It is specifically denied that Ms. Frombaugh failed to observe traffic control devices; (b) Denied. It is specifically denied that Ms. Frombaugh failed to properly operate and control her vehicle; (c) Denied. It is specifically denied that Ms. Frombaugh failed to yield the right-of-way to traffic; (d) Denied. It is specifically denied that Ms. Frombaugh failed to keep a proper look-out; (e) Denied. It is specifically denied that Ms. Frombaugh failed to travel at a safe speed under the circumstances; 4 . .. " ..., ",""V ~-- , ~,', ,~'" """"1="'-"'" """'.""--"'-"---~ '"'"'~~"'"-""'O,.,'_".,,,,'_'i 'h ,,'--, "'~. "1&; (f) Denied. It is specifically denied that Ms. Frombaugh failed to give proper and sufficient warning of approach; (g) Denied. It is specifically denied that Ms. Frombaugh failed to operated her vehicle with due regard for the rights, safety and well-being for others; (h) Denied. It is specifically denied that Ms. Frombaugh failed to operate her vehicle in such a manner so as to be able to stop within the assured clear distance ahead; (i) Denied. It is specifically denied that Ms. Frombaugh failed to maintain a safe distance from Plaintiff; (j) Denied. It is specifically denied that Ms. Frombaugh was negligent in failing to warn and protect Plaintiff from dangerous conditions which have caused serious personal injuries; (k) Denied. It is specifically denied that Ms. Frombaugh violated the various rules of the road including ordinances of the Commonwealth of Pennsylvania and/or with regard to the operation of a common carrier motor vehicle upon public highway; (1) Denied. It is specifically denied that Ms. Frombaugh was approaching an uncontrolled intersection with 5 - __ ~~,~" '^"__~~"H'_'__~ 'r~='~'-'" _,~, -'-1;:~ a moderate volume of cross traffic at an excessive speed and without maintaining proper attention to the cross traffic. 21. Denied. It is specifically denied that Ms. Frombaugh was negligent in any manner with respect to Plaintiff's alleged cause of action. By way of further response, after reasonable investigation the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 21 relating to Plaintiff's alleged injuries and the same are therefore denied and strict proof demanded at the time of trial. 22. Denied. After reasonable investigation the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 22 relating to Plaintiff's alleged injuries and the same are therefore denied and strict proof demanded at the time of trial. 23. Denied. After reasonable investigation the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 23 relating to Plaintiff's alleged loss of earnings and impairment of earning capacity and the same are therefore denied and strict proof demanded at the time of trial. 24. Denied. After reasonable investigation the answering Defendant is without sufficient knowledge or information to form 6 " ~ ~" '_.~_.~_ _',"'" O"I""'-'<""~C'~' ,--, ~'. <~'~--,..... liJ fr~:, a belief as to the truth of the averments contained in Paragraph 24 relating to Plaintiff's alleged financial expenses and the same are therefore denied and strict proof demanded at the time of trial. 25. Denied. After reasonable investigation the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 25 relating to Plaintiff's alleged injuries and damages and the same are therefore denied and strict proof demanded at the time of trial. 26. Denied. The averments contained in Paragraph 26 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are. specifically denied. WHEREFORE, the Defendant, Teri S. Frombaugh, respectfully requests that judgment be entered in her favor and that Plaintiff's Complaint be dismissed with prejudice. 7 ,'--= 0_ ~~'~~'~"--'~""'''''1'' - --"--olf~ COUNT II AMY KIBE v. LAURIE JO DEBARR 27. The Defendant, Teri S. Frombaugh, incorporates herein by reference her answers to paragraphs 1 through 26 as though fully set forth herein at length. 28-36. The averments contained in Paragraphs 28 through 36 are directed to another party and accordingly no response is required. WHEREFORE, the Defendant, Teri S. Frombaugh, respectfully requests that judgment be entered in her favor and that Plaintiff's Complaint be dismissed with prejudice. NEW MATTER By way of additional answer and reply the Defendant, Teri S. Frombaugh, interposes the following New Matters: 37. That the Plaintiff's injuries and damages, if any, were not caused by any act, omission or breach of duty by answering Defendant. 8 <--0" , ""'-'. - '''-- "o'>6"~'--V""" , ," _,.__,<""~"''T'',--,,,,,,,,,,<~,,,_,",,:.,,,-' '.;C ;.~ ~'i""~"~ 38. That the Plaintiff, Amy Kibe, knowingly and voluntarily assumed the risk of her own injuries under the circumstances then and there existing. 39. That any damages the Plaintiff may be entitled to recover in this action, are limited to those damages which are recoverable under the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. ~1701, et gg. 39. That the Plaintiff's claims may be limited or barred by the ~Limited Tort" Option, pursuant to 75 Pa. C.S.A. ~1705, et gg. 40. That if it should be found that there was any negligence on the part of the answering Defendant, Ms. Frombaugh, which negligence is expressly denied, any such negligence was not a proximate cause of any damages to the Plaintiff. 41. That the accident, and any resulting injuries may have been caused by an intervening, superceding cause. 42. That the accident and any resulting injuries may have been caused by a sudden emergency. 43. That the accident, and any resulting injuries may have been unavoidable. 44. That the Plaintiff's alleged cause of action may be b~rred by the applicable statute of limitations. 9 ,'," '_' "'"~"'I" " -'C",__ '",;.' ,.",,"" '-J',,,,,,,,,~_-<-' ',_,', '-~,;,;~",,-, L 45. That the Plaintiff's claims are barred and/or limited by the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. ~7l02, et seo. and by the doctrine of Comparative Negligence. 46. That the Plaintiff failed to exercise reasonable care for her own safety under the circumstances then and there existing. 47. That the Plaintiff's failure to exercise reasonable care for her own safety under the circumstances then and there existing was a substantial factor in the happening of the accident. WHEREFORE, the Defendant, Teri S. Frombaugh, respectfully requests that judgment be entered in her favor and that Plaintiff's Complaint be dismissed with prejudice. NEW MATTER PURSUANT TO RULE 2252(d OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE TERI S. FROMBAUGH v. CUMBERLAND GOLF CLUB. INC.. AND LAURIE JO DEBARR 48. That if it is determined that the Plaintiff is entitled to recover any and all of the damages sought in her Complaint, which right as to Ms. Frombaugh is specifically denied, then in 10 I~< "^- "~,~~ "-~'''''''="",<o""_,-,, that event liability rests solely with Cumberland Golf Club, Inc. and/or Laurie Jo Debarr, based on the allegations set forth in the Plaintiff's Complaint. 49. That if it is determined that the Plaintiff is entitled to recover any or all of the damages sought in her Complaint, which right as to Ms. Frombaugh is specifically denied, then in that event Cumberland Golf Club Inc., and/or Laurie Jo Debarr, are jointly and/or severally liable with Ms. Frombaugh or liable over to Ms. Frombaugh for contribution and/or indemnity. WHEREFORE, the Defendant, Teri S. Frombaugh, respectfully requests that judgment be entered in her favor and that Plaintiff's Complaint be dismissed with prejudice. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. ferson J. Shipm Esquire 1. . #: 51785 P.O. Box 2361 Harrisburg, PA 17108-1268 Attorneys for Defendant, Teri S. Frombaugh 65400.1 11 , ~ ',,~, ~,",' -' "'I ",''"---' --=,'--",,' """"""S'<'''''",,,.7~''''~'-"",,''~', ';'-';;',0,.",,;, " " _ '/',"',;,' ,/,,;, t VERIFICATION I, Teri S. Frombaugh, hereby acknowledge that I am the Defendant in this action; that I have read the foregoing and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 1/ If&, fOI 62850.1 . '", - >'" ,.,~-~ ~'.,~ ....'" , ''___xc;' CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United states mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows on July 16, 2001: John Rightmyer, Esquire Mychak, Geckle & Welker, P.C. 230 South Broad Street, 11~ Floor Philadelphia, PA 19102 Attorneys for Plaintiff Cumberland Golf Club, Inc. 2395 Ritner Highway Carlisle, PA 17013 Ms. Laurie Jo Debarr 33 Victoria Way Camp Hill, PA 17109 GOLDBERG, KATZMAN & SHIPMAN, P.C. fe son J. Shipman, I D. #: 51785 P.O. Box 2361 Harrisburg, PA 17108-1268 Attorneys for Defendant, Teri S. Frombaugh - ~~", ~Il ~, ~ [' L~""'~!li:l.!ii~itlIl~llil~"< ~;\ SHERIFF'S RETURN - REGULAR CASE NO: 2001-03599 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KIBE AMY VS CUMBERLAND GOW CLUB INC BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CUMBERLAND GOLF CLUB INC the DEFENDANT , at 0940:00 HOURS, on the 15th day of June , 2001 at 2395 RITNER HWY CARLISLE, PA 17013 by handing to JOSEPH MOWERY, PRESIDENT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 4.34 .00 10.00 .00 32.34 So Answers: r'"~~ R. Thomas Kline 06/29/2001 MYCHAK GECKLE & WELKER me this a:..- J 9 - day of Sworn and Subscribed to before By: Y4 A.D. ~Q~ ,~ Prothonotary "" ", -.l', I, ' ~ ~. .'r t' "'~, ,~ ':",m'C :~t"c' ~...4. SHERIFF'S RETURN - REGULAR CASE NO: 2001-03599 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KIBE AMY VS CUMBERLAND GO~ CLUB INC DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon FROMBAUGH TERI S the DEFENDANT , at 0911:00 HOURS, on the 28th day of June , 2001 at 1010 ALEXANDER SPRING RD CARLISLE, PA 17013 by handing to DOUG FROMBAUGH, HUSBAND a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 3.72 .00 10.00 .00 19.72 So Answers: r~~~1~ R. Thomas Kline 06/29/2001 MYCHAK GECKLE & WELKER Sworn and Subscribed to before r;:; me this J9 ~ day of ~ ;m.,1 A.D. C~ () Iu"),"",, ~ rothonotary r By: ~. ~ ?%~- Deputy Sherl f ~.._- - ."'~ " . - .,",I~, ,,,I,'. ="J II: il;"-~ .-- 2lMt;,i~ . ~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-03599 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KIBE AMY VS CUMBERLAND GCIF CLUB INC SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DEBARR LAURIE JO the DEFENDANT , at 1805:00 HOURS, on the 28th day of June , 2001 at 33 VICTORIA WAY CAMP HILL, PA 17011 by handing to LAURIE DEBARR 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 6.00 9.30 .00 10.00 .00 25.30 So Answers: r~~ R. Thomas Kline 06/29/2001 MYCHAK GECKLE & Sworn and Subscribed to before By: IP me this /9 -- day of (k UJ.o( A.D. Q1f~' Q frGpft,._ ,~ Pr. onotary ";",).,, MYCHAK GECKLE & WELKER, P.C. By: John Rightmyer, Esquire Identification No.: 73199 230 South Broad Street Eleventh Floor Philadelphia, PA 19102 (215) 735-3326 Attorney for Plaintiff AMY KIBE COURT OF COMMON PLEAS CUMBERLAND COUNTY v. CUMBERLAND GOLF CLUB, INC. and TERI S. FROMBAUGH and LAURIE JO DEBARR NO.: 01-3599 PLAINTIFF'S RESPONSES TO DEFENDANT TERI S. FROMBAUGH'S NEW MATTER AND, NOW comes Plaintiff, Amy Kibe, in her own right, by and through her attorney MYCHAK GECKLE & WELKER, P.C. hereby incorporates Plaintiffs Complaint and files the following reply to Defendant's New Matter: 37. Denied. The averments contained in paragraph 37 inclusive, of Defendant's New Matter are conclusions of law for which no response is required under the Pennsylvania Rules of Civil Procedure, and said averments are therefore deemed denied, and strict proof thereof is demanded if relevant, at the time of trial. 38. Denied. The averments contained in paragraph 38 inclusive, of Defendant's New Matter are conclusions of law for which no response is required under the Pennsylvania Rules of Civil Procedure, and said averments are therefore deemed denied, and strict proof thereof is demanded if relevant, at the time of trial. 39. Denied. The averments contained in paragraph 39 inclusive, of Defendant's New Matter are conclusions oflaw for which no response is required under the Pennsylvania II ,:,"""---("',,,,, Rules of Civil Procedure, and said averments are therefore deemed denied, and strict proof thereof is demanded if relevant, at the time of trial. 40. Denied. The averments contained in paragraph 40 inclusive, of Defendant's New Matter are conclusions of law for which no response is required under the Pennsylvania Rules of Civil Procedure, and said averments are therefore deemed denied, and strict proof thereof is demanded if relevant, at the time of trial. 41. Denied. The averments contained in paragraph 41 inclusive, of Defendant's New Matter are conclusions oflaw for which no response is required under the Pennsylvania Rules of Civil Procedure, and said averments are therefore deemed denied, and strict proof thereof is demanded if relevant, at the time of trial. 42. Denied. The averments contained in paragraph 42 inclusive, of Defendant's New Matter are conclusions of law for which no response is required under the Pennsylvania Rules of Civil Procedure, and said averments are therefore deemed denied, and strict proof thereof is demanded if relevant, at the time of trial. 43. Denied. The averments contained in paragraph 43 inclusive, of Defendant's New Matter are conclusions of law for which no response is required under the Pennsylvania Rules of Civil Procedure, and said averments are therefore deemed denied, and strict proof thereof is demanded if relevant, at the time of trial. 44. Denied. The averments contained in paragraph 44 inclusive, of Defendant's New Matter are conclusions oflaw for which no response is required under the Pennsylvania Rules of Civil Procedure, and said averments are therefore deemed denied, and strict proof thereof is demanded if relevant, at the time of trial. 45. Denied. The averments contained in paragraph 45 inclusive, of Defendant's II "'1-':-0'>>' New Matter are conclusions of law for which no response is required under the Pennsylvania Rules of Civil Procedure, and said averments are therefore deemed denied, and strict proof thereof is demanded if relevant, at the time of trial. 46. Denied. The averments contained in paragraph 46 inclusive, of Defendant's New Matter are conclusions of law for which no response is required under the Pennsylvania Rules of Civil Procedure, and said averments are therefore deemed denied, and strict proof thereof is demanded if relevant, at the time of trial. 47. Denied. The averments contained in paragraph 47 inclusive, of Defendant's New Matter are conclusions of law for which no response is required under the Pennsylvania Rules of Civil Procedure, and said averments are therefore deemed deuied, and strict proof thereof is demanded if relevant, at the time of trial. WHEREFORE, Plaintiff, Amy Kibe, hereby demands judgement in her favor and against Defendants with interest, costs, outstanding medical bills, economic losses, punitive damages, attorney fees and delay damages and such other relief as this Honorable Court deems appropriate. PLAINTIFF'S RESPONSES TO NEW MATTER PURSUANT TO 2252(D) OF THE PENNSYL VANIA RULES OF CIVIL PROCEDURE FROMBAUGH V. CUMBERLAND GOLF CLUB INC.. ET AL 48. Denied. The averments contained in paragraph 48 inclusive, of Defendant's New i i Matter are conclusions oflaw for which no response is required under the Pennsylvania Rules of Civil Procedure, and said averments are therefore deemed denied, and strict proof thereof is demanded ifrelevant, at the time of trial. 49. Denied. The averments contained in paragraph 49 inclusive, of Defendant's New II "' Matter are conclusions oflaw for which no response is required under the Pennsylvania Rules of Civil Procedure, and said averments are therefore deemed denied, and strict proof thereof is demanded if relevant, at the time of trial. WHEREFORE, Plaintiff, Amy Kibe, hereby demands judgement in her favor and against Defendants with interest, costs, outstanding medical bills, economic losses, punitive damages, attorney fees and delay damages and such other relief as this Honorable Court deems appropriate. MYCHAK GECKLE & WELKER, P.C. By: IGHTMYER, ESQUIRE orney for Plaintiff DATED: #?%Y II <,'" ,/c', ','",^,',' ,,' \;.---,'-,,'~,"o._",\'"."',;', , CERTIFICATE OF SERVICE I, JOHN RIGHTMYER, ESQUIRE, ofMYCHAK GECKLE & WELKER, P.C., attorney for Plaintiff, duly certify that on this date, I served a copy of Plaintiffs Responses to Defendant Teri S. Frombaugh's New Matter to Plaintiffs Complaint upon the person and in the manner indicated below, which service satisfies the requirements of the Rules of Civil Procedure, a true and correct copy of the same in the United States mail, postage prepaid at Philadelphia, Pennsylvania and addressed to: Jefferson 1. Shipman, Esquire Goldberg, Katzman, & Shipman, P.C. 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 Brian N. Zulli, Esquire Nealon & Gover, P.c. 2411 North Front Street Harrisburg, PA 17110 MYCHAK GECKLE & WELKER, P.C. By: IGHTMYER, ESQUIRE torney for Plaintiff DATED: r/l~/ 'I VERIFICATION I, John Rightmyer, Esquire, hereby state that I am the attorney for the Plaintiff in the within matter and that the facts set forth in the foregoing Plaintiffs Responses to Defendant T eri S. Frombaugh's New Matter are true and correct to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa C.S. Section 4904, relating to unsworn falsification to authorities. MYCHAK GECKLE & WELKER, P.C. By: GHTMYER, ESQUIRE orney for Plaintiff DATED: __ II ..", " "_',' '- """~':',:;" ''<, .'",,',," ',,":;jj~I" ,':..~,~""~"i'~'''''';''~'o,,'J;--''<''f:\'.''_'''b'''';,,,', '.: <,'oJ :^'t: AMY KIBE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 01-3599 CUMBERLAND GOLF CLUB, INC., TERI S. FROM BAUGH and LAURIE JO DEBARR, CIVIL ACTION - LAW Defendants. JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND CROSSCLAIM OF DEFENDANT LAURIE JO DEBARR AND NOW, comes Defendant, Laurie Jo DeBarr, by her counsel, Nealon & Gover, P.C., and files the following Answer: 1-3. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the matters asserted and proof is demanded at trial. 4. Admitted. 5. Admitted. COUNT I 6-15. These paragraphs are directed at Defendant other than the Answering Defendant. Therefore, no responsive pleading is required. COUNT I (sic) 16-26. These paragraphs are directed at Defendant other than the Answering Defendant. Therefore, no responsive pleading is required. [i, ',$ , ;, ~-- " ,'"," ," ,~"",-- ,',;.~" J~ ;+'" !,::c::''--~::'::'~<",y'" ,,',,0', " ~ '0' '<, ,,-:-, '"--';,,,,;':"i?,~," ~~i COUNT III 27. Paragraphs 1-26 of Defendant's Answer are herein incorporated by reference as if fully set forth. 28. Admitted in part, denied in part. The averment is denied in that the accident occurred on Ritner Highway. The accident occurred on a golf course road and Greason Road. The remainder of this averment is admitted. 29. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter asserted and proof is demanded at trial. 30. Denied. This paragraph is a conclusion of law to which no responsive pleading is required. However, to the extent that this paragraph is deemed factual, it is denied pursuant to 1029(e). 31-35. Denied pursuant to 1029(e). 36. Denied. This averment states a conclusion of law to which no responsive answer is required. However, to the extent that this paragraph is deemed factual in any way, this paragraph is denied pursuant to 1029(e). WHEREFORE, Defendant, Laurie DeBarr requests this Honorable Court to dismiss this Complaint. NEW MATTER 37. Paragraphs 1-27 of Defendant DeBarr's Complaint is incorporated herein by reference as if fully set forth. 2 "~". , . , "'".}.;,,--~, - '"' ,~, '-"'-';";--',," " ".j, <' " ,--'';,_',;2,,::;,,"''0,;':,','", , ;,-,' , .;;;,..":;:. 38. Any damages to which Plaintiff is entitled are to be reduced in whole, or in part, in accordance with the Pennsylvania Motor Vehicle Responsibility Act, 75 Pa. C.S.A. 9 1701, et seq. CROSSCLAIM DIRECTED TO DEFENDANT CUMBERLAND GOLF CLUB. INC. 39. Paragraphs 1-38 of Defendant DeBarr's Answer are herein incorporated by reference as if fully setforth. 40. The averments contained in Plaintiffs Complaint are incorporated herein by reference without omission or adoption. 41. The accident given rise to the instant in civil action was caused in whole, or in part, due to the negligence, carelessness, or recklessness of Defendant Cumberland Golf Club, Inc. 42. This crossclaim is filed to protect the rights of Answering Defendant to contribution and/or indemnification from Defendant, Cumberland County Golf Club, Inc. CROSSCLAIM DIRECTED TO DEFENDANT TERRI S. FROM BAUGH 43. Paragraphs 1-42 of Defendant DeBarr's Answer are incorporated herein by reference as if fully set forth. 44. The averments contained in Plaintiffs Complaint are incorporated herein by reference WittlOut omission or adoption. , 45. The accident given rise to the instant civil action was caused in whole, or in part, due to the negligence, carelessness or recklessness of Defendant Teri S. Frombaugh. 3 i,-,--",,' '~' "'; ',- """';';;,,;.,,,' "~"'I -,,,,' ; ~ '~, ,y,,',""',;; 0'''' ,-'<'-;,;~Si"":"" 'c.'::":'" 46. This crossclaim is filed to protect the rights of Answering Defendant to contribution and/or indemnification from Defendant Frombaugh. Respectfully submitted, NEALON & GOVER, P.C. an N. Zulli, E 1.0. #85948 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 Attorney for Defendant Laurie Jo DeBarr 4 ""';'<1-' '<n._', ,', > , k"l~,; ''':"':n''1'"'"'... ",':""C:,I,,",,- ", :,,', ~,--.'O ',; -;~'% VERIFICATION I, Laurie DeBarr, verify that the statements made in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.SA 94904 relating to unsworn falsification to authorities. Date: 7/n/o/ rEflMJ11flL6a1t.h J LA RIE DEBARR '.-- <' --'~".' '>i ''--','";,'".',,',,'~,~ l'"__'__,:~;',"__",d,",,.;,;';I.c"?',~ ,~,.~'" ,; .-,~,i",C" '-~~",", ',~' ~'-,\;k,' ~"'; ',' ~ ~ID.{':;" CERTIFICATE OF SERVICE AND NOW, this day of July, 2001, I hereby certify that I have served the foregoing Answer with New Matter and Crosse/aim of Defendant Laurie Jo DeBarr on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: John Rightmyer, Esquire Mychak Geckle & Welker, P.C. 230 South Broad Street - 11th Floor Philadelphia, PA 19102 Attorney for Plaintiff Jefferson J. Shipman, Esquire Goldberg, Katzman & Shipman, P.C. PO Box 2361 Harrisburg, PA 17108-1268 Attorney for Defendant Teri S. Frombaugh Cumberland Golf Club, Inc. 2395 Ritner Highway Carlisle, PA 17013 Brian N. Zulli, Esq Ir 1 ~ ~,' > , MYCHAK GECKLE & WELKER, P.C. 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By: John Rightmyer, Esquire Identification No.: 73199 230 South Broad Street Eleventh Floor Philadelphia, PA 19102 (215) 735-3326 Attorney for Plaintiff AMY KIBE 401 Chestnut Street Marysville, PA 17053 COURT OF COMMON PLEAS CUMBERLAND COUNTY v. CUMBERLAND GOLF CLUB, INC. RD 5 Carlisle, PA 17013 and TERI S. FROMBAUGH 1010 Alexander Spring Road Carlisle, PA 17013 and LAURIE JO DEBARR 33 Victoria Way Camp Hill, PA 17109 NO.: 01-3599 AMENDED CIVIL ACTION COMPLAINT 1. plaintiff AMY KIBE is adult individual residing at 401 Chestnut Street, in the City of Marysville, cqtmt;y:'~€l=-Yi Commonwealth of Pennsylvania 17053. 2. Defendant CUMBERLAND GOLF CLUB, INC., is a Pennsylvania Corporation organized and existing under the laws of the State of Pennsylvania and doing business in Pennsylvania, and is engaged in recreation and entertainment with its principal place of business located at RD 5, in the City of Carlisle, County of Cumberland, Commonwealth of Pennsylvania 17013. 3. Defendant TERI S. FROMBAUGH is an adult individual residing at 1010 Alexander Spring Road, in the City of Carlisle "~.'~~"'" " ~",'~'~'~'~~~~~-'" County of Cumberland, Commonwealth of Pennsylvania 17103. 4. Defendant LAURIE JO DEBARR is an adult individual residing at 33 Victoria Way, in the City of Camp Hill, County of Cumberland, Commonwealth of Pennsylvania 17109. 5. On or about June 24, 1999 at approximately 5:50 p.m. Plaintiff AMY KIBE was a passenger in a golf cart unwittingly driven by LAURIE JO DEBARR from CUMBERLAND GOLF CLUB INC. 's golf cart path into its intersection with T451/Greason Road in West Pennsboro Township, County of Cumberland, Commonwealth of Pennsylvania where it was struck by a 1996 Dodge, Intreped driven by TERI S. FROMBAUGH. COUNT I AMY KIBE v. CUMBERLAND GOLF CLUB. INC. 6. Plaintiff AMY KIBE hereby incorporates by reference paragraphs one (1) through five (5) inclusive as though same were set forth at length herein. 7. On or about June 24, 1999 at approximately 5:50 p.m. plaintiff AMY KIBE was a passenger in a golf cart unwittingly driven by LAURIE JO DEBARR on CUMBERLAND GOLF CLUB INC.'S golf cart path into the intersection of the golf cart path and T451!Greason Road in West pennsboro Township, County of Cumberland, Commonwealth of Pennsylvania where their golf cart was struck by TERI S. FROMBAUGH'S vehicle due to defendant CUMBERLAND GOLF CLUB, INC. 's negligence in improperly maintaining the golf course path and their failure to place - ..........1 , , '-"'-,rot,' warning signs, and barricades at the intersection of the golf cart path and T451/Greason Road. 8. On or before June 24, 1999, defendant CUMBERLAND GOLF CLUB, INC. was aware that the intersection of their golf cart path with T451/Greason Road upon which Plaintiff was injured was dangerous because there were no warning signs, barricades or traffic control devices on the golf cart path indicating the intersection withT451/Greason Road and CUMBERLAND GOLF CLUB INC. permitted and allowed patrons to park their automobiles all along T451/Greason Road where it intersects with the golf cart path thus severely limiting visibility of T451/Greason Road and vehicles thereupon from the golf cart path and vice verca. 9. The negligence and carelessness of defendant CUMBERLAND GOLF CLUB, INC. consisted of: a) Failing to design, construct, and maintain the golf cart path in a safe condition for ordinary travel using gates, warning signs or traffic control devices on the golf cart path prior to the intersection with T451/Greason Road; b) Failing to prevent or correct the dangerous condition which it knew or should have known to be dangerous by giving adequate warning to all business invitees of the intersection of the golf cart path with T45l/Greason Road, c) Failing to put up warning signs, traffic control devices, warning devices, or other similar devices for the protection of motorists and business invitees from the dangerous unmarked intersection; d) Failing to post warning signs in the immediate area notifying motorists of the dangerous and ultra hazardous condition of the unmarked intersection; ~.- c, ," "'- " , -' '.~~ ',~ """""'-"-:i,~"",~< e) Failing to maintain, replace or erect proper traffic control devices on the golf cart path and along the roadway at the above mentioned intersection; f) Failing to properly construct, post, and maintain a golf cart path which would protect invitees in golf carts and travelers from an unreasonable risk of harm; g) Failure to exercise reasonable care in notifying patrons of the uncontrolled intersection of the golf cart path and T451/GreasonRoad; h) Failure to follow and comply with industry standards relating to the use of warning sign and barricades at the intersections of golf cart paths and public roadways; i) Failure to follow and comply with industry standards relating to the design and maintenance of golf cart paths intersecting with public roadways; and j) Failure to adequately control the use of T451/Greason Road by patrons for parking near the intersection with the golf cart path thereby dangerously limiting the field of vision for invitees in golf carts on the path as well as motorists on T451/Greason Road approaching and at the intersection. 10. Solely as a result of the negligence of the aforesaid Defendant, the vehicle occupied by plaintiff AMY KIBE was caused to be violently struck by a motor vehicle resulting in serious and painful personal injuries, including, but not limited to head injury with brief lose of consciousness; left acromioclavicular separation, first degree; multiple abrasions face and extremities; scarring; severe headaches; and lumbar strain. 11. As a further result of this accident, Plaintiff AMY KIBE incurred a severe shock to her nerves and nervous system, "~ ~~,~ "J~ r~ '~tlW> great physical pain and mental anguish and was prevented from attending to her usual duties, activities and avocations, all of which may continue to an indefinite time in the near future. 12. As a direct and proximate result of the negligence as aforementioned, Plaintiff AMY KIBE has or may suffer a severe loss of earnings, and impairment of her earning capacity or power, which such loss of income and/or impairment of earning capacity or power may continue for an indefinite period into the future. 13. As a direct and reasonable result of the aforementioned accident, Plaintiff AMY KIBE may have or may hereinafter continue to incur financial expenses or losses which do or may exceed amounts which she may otherwise be entitled to recover. 14. As a direct and proximate result of the aforementioned incident and the injuries and damages sustained by Plaintiff AMY KIBE has been and/or may be compelled to expend monies for medical aide, medicine and/or other similar medical and/or medically related instrumentalities and/or modalities. 15. Defendant is solely liable for Plaintiff's injuries described herein, inasmuch as Plaintiff's injuries are the direct and proximate result of its negligence, carelessness and recklessness as set forth above. - ;.'----( ,[ '^ ~.""""-""""'-lr~'-:;;:::': WHEREFORE, Plaintiff AMY KIBE demands damages of Defendant CUMBERLAND GOLF CLUB, INC. for a sum not in excess of Twenty- Five Thousand ($25,000.00) Dollars, plus costs, delay damages and interest. COUNT II AMY KIBE v. TERI S. FROMBAUGH 16. Plaintiff AMY KIBE hereby incorporates by reference paragraphs one (1) through fifteen (15) inclusive as though same were set forth at length herein. 17. On or about June 24, 1999 at approximately 5:50 p.m. Plaintiff AMY KIBE was a passenger in a golf cart driven by LAURIE JO DEBARR on a golf course road and T451/Greason Road in West pennsboro Township, County of Cumberland, Commonwealth of Pennsylvania when she was struck by a 1996 Dodge, Intreped driven by TERI S. FROMBAUGH. 18. At the aforesaid time and place, Defendant TERI S. FROMBAUGH was negligently operating her motor vehicle which suddenly and without warning was caused to violently strike the golf cart occupied by Plaintiff AMY KIBE which resulted in severe and serious personal injuries to Plaintiff. 19. As a result of the above-mentioned motor vehicle accident, Plaintiff sustained various personal injuries and incurred various medical expenses in and about endeavoring to cure herself of said injuries, more fully described hereinafter. - '" ' .L~I '~""'C~ .--'.'., " , -~~'~~- '~* "'~:",ic--, 20. The aforesaid occurrence and the injuries to Plaintiff AMY KIBE were caused solely by the negligence, carelessness and recklessness of Defendant in: a) Failure to observe traffic control devices; b) Failure to properly operate and control his vehicle; c) Failure to yield right of way to traffic; d) Failure to keep a proper lookout; e) Failure to travel at a safe speed under the circumstances; f) Failure to give proper and sufficient warning of approach; g) Failure to operate a vehicle with due regard for the rights, safety and well being for others; h) Failure to operate said vehicle in such a manner so as to be able to stop within the assured clear distance ahead; i) Failure to maintain a safe distance from Plaintiff; j) Failure to warn and protect Plaintiff from dangerous conditions which have caused serious personal injuries; k) Violating the various rules of the road, ordinances of the Commonwealth of Pennsylvania and/or with regard to the operation of a common carrier motor vehicle upon public highway; 1) Approaching an uncontrolled intersection with a moderate volume of cross-traffic at an excessive speed and without maintaining proper attention to the cross-traffic. ~~ ,_I ,,,I; , '-""~'lU;jji!,~i! 21. Solely as a result of the negligence of the aforesaid Defendant, the vehicle occupied by Plaintiff AMY KIBE was caused to be violently struck by a motor vehicle resulting in serious and painful personal injuries, including, but not limited to head injury with brief lose of consciousness; left acromioclavicular separation, first degree; multiple abrasions face and extremities; and lumbar strain. 22. As a further result of this accident, Plaintiff AMY KIBE incurred a severe shock to her nerves and nervous system, great physical pain and mental anguish and was prevented from attending to her usual duties, activities and avocations, all of which may continue to an indefinite time in the near future. 23. As a direct and proximate result of the negligence as aforementioned, Plaintiff AMY KIBE has or may suffer a severe loss of earnings, and impairment of her earning capacity or power, which such loss of income and/or impairment of earning capacity or power may continue for an indefinite period into the future. 24. As a direct and reasonable result of the aforementioned accident, Plaintiff AMY KIBE may have or may hereinafter continue to incur financial expenses or losses which do or may exceed amounts which she may otherwise be entitled to recover. " ,~I , ..' 1, . t ,'"~--" _.;'""b..~::ilili~,a~cb;" 25. As a direct and proximate result of the aforementioned incident and the injuries and damages sustained by Plaintiff AMY KIBE has been and/or may be compelled to expend monies for medical aide, medicine and/or other similar medical and/or medically related instrumentalities and/or modalities. 26. Defendant is solely liable for Plaintiff's injuries described herein, inasmuch as Plaintiff's injuries are the direct and proximate result of her negligence, carelessness and recklessness as set forth above. WHEREFORE, Plaintiff AMY KIBE demands damages of Defendant TERI S. FROMBAUGH for a sum not in excess of Twenty-Five Thousand ($25,000.00) Dollars, plus costs, delay damages and interest. COUNT III AMY KIBE v. LAURIE DEBARR 27. plaintiff AMY KIBE hereby incorporates by reference paragraphs one (1) through twenty-six (26) inclusive as though same were set forth at length herein. 28. On or about June 24, 1999 at approximately 5:50 p.m. plaintiff AMY KIBE was a passenger in a golf cart driven by LAURIE JO DEBARR on a golf cart path and T451/Greason Road in West pennsboro Township, County of Cumberland, Commonwealth of pennsylvania when she was struck by a 1996 Dodge, Intreped driven by TERI S. FROMBAUGH. - - ~l~'___~ ~ ,I" l\l1ilil"'V'~~,.0~ 29. As a result of the above-mentioned motor vehicle accident, Plaintiff sustained various personal injuries and incurred various medical expenses in and about endeavoring to cure herself of said injuries, more fully described hereinafter. 30. The aforesaid occurrence and the injuries to Plaintiff AMY KIBE were caused solely by the negligence, carelessness and recklessness .0fDefendant in: a) Failure to observe traffic control devices; b) Failure to properly operate and control his vehicle; c) Failure to yield right of way to traffic; d) Failure to keep a proper lookout; e) Failure to travel at a safe speed under the circumstances; f) Failure to give proper and sufficient warning of approach; g) Failure to operate a vehicle with due regard for the rights, safety and well being for others; h) Failure to operate said vehicle in such a manner so as to be able to stop within the assured clear distance ahead; i) Failure to maintain a safe distance from other vehicles; j) Failure to warn and protect Plaintiff from dangerous conditions which have caused serious personal injuries; and k) Violating the various rules of the road, ordinances of the Commonwealth of Pennsylvania and/or with regard to the operation of a common carrier motor vehicle upon public highway. """"- ~'~, N-~ ~'~'t~l\; 31. Solely as a result of the negligence of the aforesaid Defendant, Plaintiff AMY KIBE was caused to be violently struck by a motor vehicle resulting in serious and painful personal injuries, including, but not limited to head injury with brief lose of consciousness; left acromioclavicular separation, first degree; multiple abrasions face and extremities; and lumbar strain. 32. Asa further result of this accident, Plaintiff AMY KIBE incurred a severe shock to her nerves and nervous system, great physical pain and mental anguish and was prevented from attending to her usual duties, activities and avocations, all of which may continue to an indefinite time in the near future. 33. As a direct and proximate result of the negligence as aforementioned, Plaintiff AMY KIBE has or may suffer a severe loss of earnings, and impairment of her earning capacity or power, which such loss of income and/or impairment of earning capacity or power may continue for an indefinite period into the future. 34. As a direct and reasonable result of the aforementioned accident, Plaintiff AMY KIBE may have or may hereinafter continue to incur financial expenses or losses which do or may exceed amounts which she may otherwise be entitled to recover. ~~ ~ J~' "'~" ~ -;.",.~, --~~~'" 35. As a direct and proximate result of the aforementioned incident and the injuries and damages sustained by Plaintiff AMY KIBE has been and/or may be compelled to expend monies for medical aide, medicine and/or other similar medical and/or medically related instrumentalities and/or modalities. 36. Defendant is solely liable for Plaintiff's injuries described herein, inasmuch as Plaintiff's injuries are the direct and proximate result of his negligence, carelessness and recklessness as set forth above. WHEREFORE, Plaintiff AMY KIBE demands damages of Defendant LAURIE DEBARR for a sum not in excess of Twenty-Five Thousand ($25,000.00) Dollars, plus costs, delay damages and interest result of their negligence, carelessness and recklessness as set forth above. MYCHAK GECKLE & WELKER, P.C. By: GHTMYER, ESQUIRE orney for Plaintiff DATED: ~/Z5;b/ =. . , . .. iilU:.B~""" ., V E R I FIe A T ION COMMONWEALTH OF PENNSYLVANIA CUMBERLAND COUNTY 5S JOHN N. RIGHTMYER, ESQUIRE, being duly sworn according to law, deposes and says that he is the counsel for Plaintiff in the within matter; could not obtain the verification of Plaintiff to this Amended Complaint within the time set for filing; and that the facts set forth in the foregoing Complaint in civil Action are true and correct to the best of his knowledge, information, and belief, and that this statement is made subject to the penalties of 18 PA. C.S. 4904, relating to unsworn falsifications to authorities. DATED: =11Z'.Y~1 N. RIGHTMYER GOLDBERG, KATZMAN & SHIPMAN, P.C. Jefferson J. Shipman, Esquire ID#: 51785 PO Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Fax: (717) 234-6810 Attorney for Defendant, Frombaugh " _,_, "0.-" -__'', ''''~.'' ,.., ~"" ~~ ,1-""""';'_ c" .'~'~ "~"",,~,_",,"'''''''''--.&..-~,' ""',~," ,'," 'iHL'i. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY KIBE, v. CUMBERLAND GOLF CLUB, INC., TERI S. FROMBAUGH, and LAURIE JO DEBARR, Defendants TO THE PLAINTIFF: NO. 01-3599 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE 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. DATE: !5 f -, I D I GOLDBERG, KATZMAN & SHIPMAN, P.C. erson J. Shi 1. . #: 51785 P.O. Box 2361 Harrisburg, PA 17108-1268 Attorneys for Defendant, Teri S. Frombaugh , "I' --"'--"0- ~'~~'^ " ~"~~'''''"''">=''~'--', .,,' ",.'.'-'-': '_~: ., GOLDBERG, KATZMAN & SHIPMAN, P.C. Jefferson J. shipman, Esquire ID#: 51785 PO Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Fax: (717) 234-6810 Attorney for Defendant, Frombaugh AMY KIBE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3599 CIVIL TERM CUMBERLAND GOLF CLUB, INC., TERI S. FROMBAUGH, and LAURIE JO DEBARR, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER AND NEW MATTER TO AMENDED COMPLAINT AND NOW, comes the Defendant, Teri S. Frombaugh, by and through her counsel, Goldberg, Katzman & Shipman, P.C., and files the following Answer and New Matter in the nature of a cross- claim, as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part, denied in part. It is admitted only that on or about June 24, 1999 that the Plaintiff, Amy Kibe, was a passenger in a golf cart driven by Defendant, Laurie Jo Debarr, at the intersection of T451 (Greason Road) and SR 0011 (Ritner Highway, in West Pennsboro Township, Cumberland County, '"," ,~~_"''"' '__'~"'_' 'I~'~"""""" "Ie" ,'0"""''''-_ 'j._,'",o__":.,,..,j;,i~~'," __"~""'''~ '. Pennsylvania. The remaining averments of Paragraph 5 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. COUNT I AMY KIBE v. CUMBERLAND GOLF CLUB. INC. 6. The Defendant, Teri S. Frombaugh, incorporates herein by reference her answers to paragraphs 1 through 5 as though fully set forth herein at length. 7-15. The averments contained in Paragraphs 7 through 15 are directed to another party and accordingly no response is required. WHEREFORE, the Defendant, Teri S. Frombaugh, respectfully requests that judgment be entered in her favor and that Plaintiff's Amended Complaint be dismissed with prejudice. COUNT II AMY KIBE v. TERI S. FROMBAUGH 16. The Defendant, Teri S. Frombaugh, incorporates herein by reference her answers to paragraphs 1 through 15 as though fully set forth herein at length. 2 ,~ ,__,~, ""-_"~~~__I'~<"__'I~'''Y <,',C,"",'.1-',~c' ,"" '--'~<' ~,- -"""'~: '. 17. Admitted in part, denied in part. It is admitted only that on or about June 24, 1999 Plaintiff, Amy Kibe, was a passenger in a golf cart driven by Defendant, Laurie Jo Debarr, at the intersection of T451 (Greason Road) and SR0011 (Ritner Highway) in West Pennsboro Township, Cumberland County, Pennsylvania. The remaining averments of Paragraph 17 are conclusions of law and fact to which no response is required. 18. Denied. The averments contained in Paragraph 18 are conclusions of law to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. By way of further response, it is specifically denied that the Defendant, Teri S. Frombaugh, was negligent in any manner with respect to Plaintiff's alleged cause of action. 19. Denied. After reasonable investigation, the Defendant, Teri S. Frombaugh, is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 19 relating to Plaintiff's alleged injuries and medical expenses and the same are therefore denied and strict proof demanded at the time of trial. 20. Denied. The averments contained in Paragraph 20 and subparagraphs (a) through (1) are conclusions of law and fact to which no response is required. If a response is deemed to be 3 , ~" 0'" " .' ,,~ 'v'_' . '-';"'1' " '" "'~'.< "","--"'"" "C,=c"~'~'-i'. '<' ,_~ ';,' "'''~ ., required, the averments contained therein are specifically denied. By way of further response, it is specifically denied that the Defendant, Teri S. Frombaugh, was negligent, careless and reckless in any manner with respect to Plaintiff's alleged cause of action. (a) Denied. It is specifically denied that Ms. Frombaugh failed to observe traffic control devices; (b) Denied. It is specifically denied that Ms. Frombaugh failed to properly operate and control her vehicle; (c) Denied. It is specifically denied that Ms. Frombaugh failed to yield the right-of-way to traffic; (d) Denied. It is specifically denied that Ms. Frombaugh failed to keep a proper look-out; (e) Denied. It is specifically denied that Ms. Frombaugh failed to travel at a safe speed under the circumstances; (f) Denied. It is specifically denied that Ms. Frombaugh failed to give proper and sufficient warning of approach; (g) Denied. It is specifically denied that Ms. Frombaugh failed to operated her vehicle with due regard for the rights, safety and well-being for others; 4 OZ' '" _ "~~^,,~,,O ~,' i"",," 'l"~" "", '~~_" ,,<.,,0,'."_""'"'''' "'.,..~,,,- ~'_ ''/, _ ",,~ (h) Denied. It is specifically denied that Ms. Frombaugh failed to operate her vehicle in such a manner so as to be able to stop within the assured clear distance ahead; (i) Denied. It is specifically denied that Ms. Frombaugh failed to maintain a safe distance from Plaintiff; (j) Denied. It is specifically denied that Ms. Frombaugh was negligent in failing to warn and protect Plaintiff from dangerous conditions which have caused serious personal injuries; (k) Denied. It is specifically denied that Ms. Frombaugh violated the various rules of the road including ordinances of the Commonwealth of Pennsylvania and/or with regard to the operation of a common carrier motor vehicle upon public highway; (1) Denied. It is specifically denied that Ms. Frombaugh was approaching an uncontrolled intersection with a moderate volume of cross traffic at an excessive speed and without maintaining proper attention to the cross traffic. 21. Denied. It is specifically denied that Ms. Frombaugh was negligent in any manner with respect to Plaintiff's alleged cause of action. By way of further response, after reasonable investigation the answering Defendant is without sufficient 5 ~- ", ..~- ," ~c. . ',,-, ,~, ----'.~ ,,'" I ,,,",-,,,,,~~,~:.,,,'~,,",,,,, """,;"""~,,, """^"l0.;,!i;:+';;'''''''' ,-,.,.--,.-;;~ {;"J -j r.~;:;: .. knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 21 relating to Plaintiff's alleged injuries and the same are therefore denied and strict proof demanded at the time of trial. 22. Denied. After reasonable investigation the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 22 relating to Plaintiff's alleged injuries and the same are therefore denied and strict proof demanded at the time of trial. 23. Denied. After reasonable investigation the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 23 relating to Plaintiff's alleged loss of earnings and impairment of earning aapacity and the same are therefore denied and strict proof demanded at the time of trial. 24. Denied. After reasonable investigation the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 24 relating to Plaintiff's alleged financial expenses and the same are therefore denied and strict proof demanded at the time of trial. 25. Denied. After reasonable investigation the answering Defendant is without sufficient knowledge or information to form 6 , , < -- ~ '~', "'~,-" --"~ "'~~I'~~"'''-''''''~ ~ ~,"."~,~~,~-~~~~="~-,,--,,,;:, y;( '. a belief as to the truth of the averments contained in Paragraph 25 relating to Plaintiff's alleged injuries and damages and the same are therefore denied and strict proof demanded at the time of trial. 26. Denied. The averments contained in Paragraph 26 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. WHEREFORE, the Defendant, Teri S. Frombaugh, respectfully requests that judgment be entered in her favor and that Plaintiff's Amended Complaint be dismissed with prejudice. COUNT I II AMY KIBE v. LAURIE JO DEBARR 27. The Defendant, Teri S. Frombaugh, incorporates herein by reference her answers to paragraphs 1 through 26 as though fully set forth herein at length. 28-36. The averments contained in Paragraphs 28 through 36 are directed to another party and accordingly no response is required. 7 ~, ='< ,'. >""-"1 ,hrC ",,--,~,'" '''~'''''''~'''"~.'''--''''''''''C''',c''__ "',,,"," ~';I- WHEREFORE, the Defendant, Teri S. Frombaugh, respectfully requests that judgment be entered in her favor and that Plaintiff's Amended Complaint be dismissed with prejudice. NEW MATTER By way of additional answer and reply the Defendant, Teri S. Frombaugh, interposes the following New Matters: 37. That the Plaintiff's injuries and damages, if any, were not caused by any act, omission or breach of duty by answering Defendant. 38. That the Plaintiff, Amy Kibe, knowingly and voluntarily assumed the risk of her own injuries under the circumstances then and there existing. 39. That any damages the Plaintiff may be entitled to recover in this action, are limited to those damages which are recoverable under the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. ~1701, et lillSl. 39. That the Plaintiff's claims may be limited or barred by the ~Limited Tort" Option, pursuant to 75 Pa. C.S.A. ~1705, et seq. 8 ~ , ','~ ' ,.. ~'~~ ,." , , --,,,,,,,,,,,,~,,~,',',,-,,,,,,'--"""'''-'..", '" "'1""''-' '"'''' --~"'--'-"""",--,," ~'-"''''''''6''''-''''''''''''''''''"::>1H''='''ai:,,'','- > ,- ';,' "'I i, '. 40. That if it should be found that there was any negligence on the part of the answering Defendant, Ms. Frombaugh, which negligence is expressly denied, any such negligence was not a proximate cause of any damages to the Plaintiff. 41. That the accident, and any resulting injuries may have been caused by an intervening, superceding cause. 42. That the accident and any resulting injuries may have been caused by a sudden emergency. 43. That the accident, and any resulting injuries may have been unavoidable. 44. That the Plaintiff's alleged cause of action may be barred by the applicable statute of limitations. 45. That the Plaintiff's claims are barred and/or limited by the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. ~7102, ~~. and by the doctrine of Comparative Negligence. 46. That the Plaintiff failed to exercise reasonable care for her own safety under the circumstances then and there existing. 47. That the Plaintiff's failure to exercise reasonable care for her own safety under the circumstances then and there existing was a substantial factor in the happening of the accident. 9 ",." ~~'"," ,-,~~--~' '~< -C<n-O'",., " ,", .,,' "~,,,o,, "I ,'''' > - ""-~~,, '"C"','""^,',, "',;--'''''^~=..''r.''=''''' ""''''''-'-'l~'' 'C_",o. ,,-Jj,< ., WHEREFORE, the Defendant, Teri S. Frombaugh, respectfully requests that judgment be entered in her favor and that Plaintiff's Complaint be dismissed with prejudice. NEW MATTER PURSUANT TO RULE 2252(d OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE TERI S. FROMBAUGH v. CUMBERLAND GOLF CLUB. INC.. AND LAURIE JO DEBARR 48. That if it is determined that the Plaintiff is entitled to recover any and all of the damages sought in her Complaint, which right as to Ms. Frombaugh is specifically denied, then in that event liability rests solely with Cumberland Golf Club, Inc. and/or Laurie Jo Debarr, based on the allegations set forth in the Plaintiff's Complaint. 49. That if it is determined that the Plaintiff is entitled to recover any or all of the damages sought in her Complaint, which right as to Ms. Frombaugh is specifically denied, then in that event Cumberland Golf Club Inc., and/or Laurie Jo Debarr, are jointly and/or severally liable with Ms. Frombaugh or liable over to Ms. Frombaugh for contribution and/or indemnity. 10 , , ,~"",.' ~' "'W='~"~"I'"'''''~''.'''<''<C''''' ,'-"' --."""-=~-~..,,,~,-"'~oiili,,-\;'o""",'~' """',..""i; o. WHEREFORE, the Defendant, Teri S. Frombaugh, respectfully requests that judgment be entered in her favor and that Plaintiff's Complaint be dismissed with prejudice. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. Je J. Shi 1. 51785 P.O. Box 2361 Harrisburg, PA 17108-1268 Attorneys for Defendant, Teri S. Frombaugh 65400.1 11 -- '"'."~" ~ . - "0''''-,' "^ ", - "-c'"~,'<h'"I"",,,-'" c',--:;;."~' '<;'",__"""~"''-''''~''~'<'"'-''',"'~'__,~ ,",',;,':. :""';"';'ij:'';'',+''-; ., VERIFICATION I, Teri S. Frombaugh, hereby acknowledge that I am the Defendant in this action; that I have read the foregoing Answer and New Matter to Amended Complaint and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ,/""'1\ / J ~ Ii /J{f :"- /' .J\. Teri S. c r-' ,h l2J1 01 rYD)11 afJ L Frombaugh ; Date: 65403.1 ~ CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United states mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows on ~~ 2001: John Rightmyer, Esquire Mychak, Geckle & Welker, P.C. 230 South Broad Street, lith Floor Philadelphia, PA 19102 Attorneys for Plaintiff Barry A. Kronthal, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Attorneys for Defendant, Cumberland Golf Club, Inc. Brian Zulli, Esquire Nealon & Gover 2411 North Front Street Harrisburg, PA 17110 Attorneys for Defendant, Laurie Jo Debarr GOLDBERG, KATZMAN & SHIPMAN, P.C. e son J. Sh. I. . #: 51785 P.O, Box 2361 Harrisburg, PA 17108-1268 Attorneys for Defendant, Teri S. Frombaugh " ",'. ,~ ,~, . ~~ __,_ c~~, ~_ "'" ,+,," ," 0 C:J 0 c: "n ,,'~ ~~ :j -u r-,-' c:: , .~ J.1 f71 iT C) ,'j ;:: :,;J I ~:l ?: "" U> ~<: CO . " -< () ..... -'in, '- .V '- ~r ~~ C') " .- , ..On.. (~~) . " 5; ~" (,:1 in !=; ~~! ...:;':- ~ .:< ~'J -< ii II! !l Ij ~ I~! ''] [j J j , ! i ri Ii I , i i ~ ~ i ! I I I I "' ~~''" - ,I ~T ^--<"" "''''';-',,-"'" '__;"',',,,,,..-,.,,<,.,,,-.;,-.1' :"""'.;;,I"'~"~'- ""~^.~:."..-"','d,..;.;",,,,,,,,,,;:t_,,,,,;;-,~(;,,,,,' ,';.~,o" ,,',,-,'j.,'..c;':;"':: , GOLDBERG, KATZMAN. SHIPMAN, P.C. Jefferson J. Shipman, Esquire 1D#: 51785 PO Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Fax: (717) 234-6810 Attorney for Defendant, Frombaugh AMY KIBE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3599 CIVIL TERM CUMBERLAND GOLF CLUB, INC.,. TERRY S. FROMBAUGH, and LAURIE JO DEBARR, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER OF TERI S. FROMBUAGH TO CROSS-CLAIM OF DEFENDANT, LAURIE JO DEBARR AND NOW, comes the Defendant, Teri S. Frombaugh, by and through her counsel, Goldberg, Katzman & Shipman, P.C., and files the following Answer to cross-claim of Defendant, Laurie Jo Debarr: 43. Defendant, Teri Frombaugh, incorporates herein by reference her answers to the Complaint as though fully set forth herein at length. 44-46. The averments contained in Paragraphs 44 through 46 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. ,~---' , "=" oR, ""~~~"I"~' ,,,,,,,,,,,,~,,,,,,,,,,,,,~-C""">'i"__'''"''''i,,;''i'''~",,,;'-",".. '_"";"~" WHEREFORE, the Defendant, Teri S. Frombaugh, respectfully requests that judgment be entered in her favor. Respectfully Submitted, GOLDBERG, KATZMAN & SHIPMAN, p.e. ~. ferson J. Shi I.D. #: 51785 P.O. Box 2361 Harrisburg, PA 17108-1268 Attorneys for Defendant, Teri S. Frombaugh 66350.1 2 " . ~~"~'< 0' ''''J~' """'l"'l.&'~ VERIFICATION I, Teri S. Frombaugh, hereby acknowledge that I am the Defendant in this action; that I have read the foregoing and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. /;fI '''L ' ft~( 'J (/-/[) lUJ a [/ ,"\ Teri S. Frombaugh ! ~~ Date: S 1'/0/ 65403.1 "< . , ,,~ > "~",,,,--._--"~.,,"%~~~,,, . ,,,;-.,,"_,~~~....."~"'__e"" "~""""""'"",.--,,,~,,, '-'0,"-"'''''''': CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows on tif ~ 2001: John Rightmyer, Esquire Mychak, Geckle & Welker, P.C. 230 South Broad Street, 11th Floor Philadelphia, PA 19102 Attorneys for Plaintiff Barry A. Kronthal, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Attorneys for Defendant, Cumberland Golf Club, Inc. Brian Zulli, Esquire Nealon & Gover 2411 North Front Street Harrisburg, PA 17110 Attorneys for Defendant, Laurie Jo Debarr GOLDBERG, KATZMAN & SHIPMAN, P.C. ~1N J. Shi Esquire 51785 P.O. Box 2361 Harrisburg, PA 17108-1268 Attorneys for Defendant, Teri S. Frombaugh b' c'" > "r'''''~"' ~'~~,;--~', ,~,..,.;.-,<,,';>~~'~~__:i'j:.(, ..,;,__ '~' ;'~-;;,~-"-:~"''''''''^:''i-.;''''$'~ '''<' '-'- '--0__--" '<" ,'." :1" '~J: <, ~: T I', :Ji: i~ I,,"~ ,I'" W !!i~ ~i Ii: , 11, !' !"'- 'I'.i,...,'., , ~ ii, , ! ~ ! ~j Ii I' I l~ , 0 (~ 0 ~; ~T1 , U f_J' c:: [TI f1-'1 G''") , ~;n ~:: hi ~ , 1.::0 '~ ~~ (~ '- ""t) " )3; ."-q ~ C) ::;:: .~J (") ."::~ Ci s> :.'? (5 en c: --~, :z :::> ~ -J -<, ,~,- ,'>- ~'" , --''''''~'~'"~''"'''~'I~--'''''"',*,,''--' ,',," ',' ..---' __~."..~"'o;~,"~~ ;--.f..', ",' "'/:~' AMY KIBE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 01-3599 CUMBERLAND GOLF CLUB, INC., TERI S. FROM BAUGH and LAURIE JO DEBARR, CIVIL ACTION - LAW Defendants. JURY TRIAL DEMANDED ANSWER TO NEW MATTER FILED BY DEFENDANT. TERI S. FROM BAUGH 37. The averments contained within this paragraph are conclusions of law to which no responsive pleading is required. To the extent that averments within this paragraph are deemed factual, the averments contained herein are denied pursuant to 1029(e). 38. Admitted. 39.- 47. The averments contained within these paragraphs are conclusions of law to which no responsive pleading is required. To the extent that averments within these paragraphs are deemed factual, the averments contained herein are denied pursuant to 1029(e). TERI S. FROM BAUGH V. CUMBERLAND GOLF CLUB. INCORPORATED AND LORI JO DEBARR 48. The averments contained within this paragraph are conclusions of law to which no responsive pleading is required. To the extent that averments within this paragraph are deemed factual, the averments contained herein are denied pursuant to 1029(e). ~,'-, , . ',_ ,~ ' " '" ,:J, " 'C.,':C, ,;v, ';"0 ";!"_I/t, ';""",':"',,;"^d<f","'''''';;,';,:;;; c{;,-i.:;~-:.c~',>>i"i,i', " '"I,. 49. The averments contained within this paragraph are conclusions of law to which no responsive pleading is required. To the extent that averments within this paragraph are deemed factual, the averments contained herein are denied pursuant to 1029(e), Respectfully submitted, NEALON & GOVER, P.C. By: Brian N. Zulli, 1.0.#: 85948 2411 North Front Street Harrisburg, PA 17110 717/232-9900 Date: elft/Ill 2 ,- '" ,c' _ 7'~",'.'" "" ,",~,~",.""""_,~,,,.____,,~ ,''''C~ ,.""",,:,,,"-- "--;.'0'"'__ "';""'-""" "-"~I ;;,':0';.; . ,.~,'.,"C.. ';';;k;;;;~~;'i"i'-~i~'~~";:,<,,<:io,; "~.o'c_'o'_,:.,,!:~ VERIFICATION I, Laurie Debarr, verify that the statements made in the foregoing Answer to New MaUer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.SA 94904 relating to unsworn falsification to authorities. Date: oF lod tJ / 1r/lUh1j /JtJ t&'~ J La rie Debarr, Defendant < ~ -- , ~"."",~ ,", ," .', '--""~6~' ,,' """''''',~'C''''__'" ,'~I,. ':"" "',,;d~,,' ~' c"';""e"'-""';":' :...:"f,,;,:"',>,:,:'; <--i'tJ' CERTIFICATE OF SERVICE AND NOW, this /) rt--day of August, 2001, I hereby certify that I have served the foregoing ANSWER TO NEW MATTER on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: John Rightmyer, Esquire MYCHAK GECKLE & WELKER, P.C. 230 South Broad Street - 11th Floor Philadelphia, PA 19102 Jefferson J. Shipman, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 2361 Harrisburg, PA 17108-1268 CUMBERLAND GOLF CLUB, INC. 2395 Ritner Highway Carlisle, PA 17013 ~ ,)":n"'aillfJ!i~'< :..J~~11 ,~",;;,.j;,.'li'J~~':'~;""~ --';:rj~;=IT"~~;::;:J 'I "'.~'-- -- '~tiil" ~'k' ,q"{(i>""~~"",;-H,'~' ""~ ,~ i'l ;~I :j ~! ~ i~:i Iii Iii ji! )~l '" !il ill ~ ill " [ ~ , " ,~ 0 c::> () C " , , " ~~ I -0 c.: ~. ',- -rr n I n ";:-") ; f~'. Z ~. I ~, r-n L ;:) (0 'J:) :L' ) , -< ::....; CJ r;-- --0 - I, ~C) _'< -n ~}o ~,"'C) r:? c5rn pc: ~ 7"': .:....) :iJ ::<: I" -< , I""" , ",-,,' '.;i' '''''''''''' , ,,' ~,"_, , '^' :,.' :;,:,,: ::,:: ',,;;~J,' .",~h ",_. ~ ,cc. '~,"~-'",', -"" '." , ':;' ,:' ," ~,":' , '", '0'-" ",,,.- - " ",',,~,' AMY KIBE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01.3599 CUMBERLAND ~OLF CLUB, INC., TERI S. FROMBAUGH and LAURIE JO DEBARR,: CIVIL ACTION. LAW Defendants. JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND CROSSCLAIM OF DEFENDANT LAURIE JO DEBARR TO PLAINTIFF'S AMENDED COMPLAINT AND NOW, comes Defendant, Laurie Jo DeBarr, by her counsel, Nealon & Gover, P.C., and files the following Answer: 1-3. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the matters asserted and proof is demanded at trial. 4. Admitted. 5. Admitted. COUNT I 6-15. These paragraphs are directed at Defendant other than the Answering Defendant. Therefore, no responsive pleading is required. COUNT II 16-26. These paragraphs are directed at Defendant other than the Answering Defendant. Therefore, no responsive pleading is required. '"",<,,': '.' ,:,' , -- , -'" ".-~ ':":-'~,, I: ..' ',,',,'''--,--- "",:,'" . '~""""" " "C",:; COUNT III 27. Paragraphs 1-26 of Defendant's Answer are herein incorporated by reference as if fully set forth. 28. Admitted 29. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter asserted and proof is demanded at trial. 30. Denied. This paragraph is a conclusion of law to which no responsive pleading is required. However, to the extent that this paragraph is deemed factual, it is denied pursuant to 1029(e). 31-35. Dehied pursuantto 1029(e). 36. Denied. This averment states a conclusion of law to which no responsive answer is required. However, to the extent that this paragraph is deemed factual in any way, this paragraph is denied pursuant to 1 029( e). WHEREFORE, Defendant, Laurie DeBarr requests this Honorable Court to dismiss this Complaint. NEW MATTER 37. Paragraphs 1-27 of Defendant DeBarr's Complaint is incorporated herein by reference as if fully set forth. 38. Any damages to which Plaintiff is entitled are to be reduced in whole, or in part, in accordance with the Pennsylvania Motor Vehicle Responsibility Act, 75 Pa. C.S.A. ~ 1701, et seq. CROSSCLAIM DIRECTED TO DEFENDANT CUMBERLAND GOLF CLUB. INC. 39. Paragraphs 1-38 of Defendant DeBarr's Answer are herein incorporated by reference as if fully set forth. 2 1 -", '"' ~, . ,~ ' '~ ','- ,,' >",,1':, .:'," ,',", ~ ',"' , -'~, ~~;+,'- '" ".> ';';"() , 40. The averments contained in Plaintiff's Complaint are incorporated herein by reference without omission or adoption. 41. The accident given rise to the instant in civil action was caused in whole, or in part, due to the negligence, carelessness, or recklessness of Defendant Cumberland Golf Club, Inc. 42. This crossclaim is filed to protect the rights of Answering Defendant to contribution and/or indemnification from Defendant, Cumberland County Golf Club, Inc. CROSSCLAIM DIRECTED TO DEFENDANT TERRI S. FROMBAUGH 43. Paragraphs 1-42 of Defendant DeBarr's Answer are incorporated herein by reference as if fully set forth. 44. The averments contained in Plaintiff's Complaint are incorporated herein by reference without omission or adoption. 45. The accident given rise to the instant civil action was caused in whole, or in part, due to the negligence, carelessness or recklessness of Defendant Teri S. Frombaugh. 46. This crossclaim is filed to protect the rights of Answering Defendant to contribution andlor indemnification from Defendant Frombaugh. Respectfully submitted, NEALON & GOYER, P.C. By: BrI . Zulli, Esq re I.D.#85948 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 Attorney for Defendant Laurie Jo DeBarr 3 ~,..:..o.:J" ,,,..;i;~,",,,,,,;.",;,,, "'.:0,' "-''~,, "id VERIFICATION I, Laurie Debarr, verify that the statements made in the foregoing 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. 94904 relating to unsworn falsification to authorities. Date: 2/ ozl t') I 1r,).itl11j f)#.e&a.M: J La rie Debarr, Defendant ~ - '," ~, ,..", '.,-- -,,,,~-',,,,,', -';"> "~.A___"'",,""'- -- - ,'_,,,,:,0,' "I" ,'"",;,- c:,_, ',d< , ,,,;.~,\,,\,~,,--~,,--~;~ \VV'" -,~,,, ':jj CERTIFICATE OF SERVICE AND NOW, this 1 ~ay of August, 2001, I hereby certify that I have served the foregoing Answer with New Matter and Crossc/aim of Defendant Laurie Jo DeBarr to Plaintiffs Amended Complaint on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: John Rightmyer, Esquire Mychak Geckle & Welker, P.C. 230 South Broad Street - 11 th Floor Philadelphia, PA 19102 Attorney for Plaintiff Jefferson J. Shipman, Esquire Goldberg, Katzman & Shipman, P.C. PO Box 2361 Harrisburg, PA 17108-1268 Attorney for Defendant Teri S. Frombaugh Cumberland Golf Club, Inc. 2395 Ritner Highway Carlisle, PA 17013 ..d '''''' . . "'~, ;"'" .7~' 'iM."'f''- ":o~";.,,,,, . <~',:,,~,,;..:. d," ,,',", :j~'''iUD'Li --~ - '''~'' " ,,',~ "' >','. o s: -r:~ ~':.' r1'I;: " ~t?, u-. -<::~..:.. r..:;C:; .'-. PC,' ~O Pc Z :;} r" '], ij r:=i C) "1] ~ d-5 , 'D ,1---;-' ~'o -:"- .-, -'---, ,.-,. N (2f~ ;'-~-;nl ~1 -~ s.'J -< :'.) Iv ~. MYCHAK GECKLE & WELKER, P.C. By: John Rightmyer, Esquire Identification No.: 73199 230 South Broad Street Eleventh Floor Philadelphia, PA 19102 (215) 735-3326 Attorney for Plaintiff AMY KIBE COURT OF COMMON PLEAS CUMBERLAND COUNTY v. CUMBERLAND GOLF CLUB, INC. and TERI S. FROMBAUGH and LAURIE JO DEBARR NO.: 01-3599 PLAINTIFF'S RESPONSES TO DEFENDANT LAURIE JO DEBARR'S NEW MATTER AND, NOW comes Plaintiff, Amy Kibe, in her own right, by and through her attorney MYCHAK GECKLE & WELKER, P.C. hereby incorporates Plaintiffs Complaint and files the following reply to Defendant's New Matter; 37. Plaintiff, Amy Kibe, incorporates herein by reference the averments of the preceding paragraphs of the Answer and New Matter as though the same were set forth fully at length. 38. Denied. The averments contained in paragraph 38 inclusive, of Defendant's New Matter are conclusions of law for which no response is required under the Pennsylvania Rules of Civil Procedure, and said averments are therefore deemed denied, and strict proof thereof is demanded if relevant, at the time of trial. WHEREFORE, Plaintiff, Amy Kibe, hereby demands judgement in her favor and against Defendant Laurie Jo Debar with interest, costs, outstanding medical bills, economic losses, punitive damages, attorney fees and delay damages and such other relief as this II ~, - Honorable Court deems appropriate. PLAINTIFF'S RESPONSES TO CROSSCLAlM DIRECTED TO DEFENDANT CUMBERLAND GOLF CLUB. INC. 39-42.. The averments contained in these paragraphs inclusive are not directed to responding plaintiff and, no responses are necessary for said paragraphs from plaintiff, therefore, the same are hereby denied. WHEREFORE, Plaintiff, Amy Kibe, hereby demands judgement in her favor and against Defendant with interest, costs, outstanding medical bills, economic losses, punitive damages, attorney fees and delay damages and such other relief as this Honorable Court deems appropriate. PLAINTIFF'S RESPONSES TO CROSSCLAIM DIRECTED TO DEFENDANT TERI S. FROMBAUGH 43-46. The averments contained in these paragraphs inclusive are not directed to responding plaintiff and, no responses are necessary for said paragraphs from plaintiff, therefore, the same are hereby denied. WHEREFORE, Plaintiff, Amy Kibe, hereby demands judgement in her favor and against Defendant with interest, costs, outstanding medical bills, economic losses, punitive damages, attorney fees and delay damages and such other relief as this Honorable Court deems appropriate. MYCHAK GECKLE & WELKER, P.C. By: RIGHTMYER, ESQUIRE ttorney for Plaintiff DATED: a#,b! Ii - ... CERTIFICATE OF SERVICE I, JOHN RIGHTMYER, ESQUIRE, of MYCHAK GECKLE & WELKER, P.C., attorney for Plaintiff, duly certify that on this date, I served a copy of Plaintiff's Responses to Defendant Laurie Jo Debar's New Matter to Plaintiff's Complaint upon the person and in the manner indicated below, which service satisfies the requirements of the Rules of civil Procedure, a true and correct copy of the same in the United States mail, postage prepaid at Philadelphia, Pennsylvania and addressed to: Jefferson J. Shipman, Esquire Goldberg, Katzman, & Shipman, P.C. 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 Brian N. Zulli, Esquire Nealon & Gover, P.C. 2411 North Front Street Harrisburg, PA 17110 MYCHAK GECKLE & WELKER, P.C. By: GHTMYER, ESQUIRE orney for Plaintiff DATED: dill; II ..... " V E R I FIe A T ION I, John Rightmyer, Esquire, hereby state that I am the attorney for the Plaintiff in the within matter and that the facts set forth in the foregoing Plaintiff's Responses to Defendant Laurie Jo Debar's New Matter are true and correct to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa C.S. Section 4904, relating to unsworn falsification to authorities. MYCHAK GECKLE & WELKER, P.C. By: DATED: &+h Ii II IGHTMYER, ESQUIRE orney for Plaintiff 1 ~~~ijfu,mli!iJi!~:j1!t~H~~~~$~~Mt~'EW"1~"'~~lifr;i'~ "," , , "~,,i"'&' , 'C' /,~ ,:> ,~~_ ~'*.:....,; ',~. "t:;ffir ~ Y-_''"-<O, ~ >-'~ 0 0 c:: (') ?' , I '-Off:: :z:" ---., mrr-. ~ '-- 2~~, ~") ~ 2'f' ., -" 0,~,:'~ .r.- ~ ~..c:::, ~':c' :0::0 ' . ,~, ';0, h " .2: C) ::~:.: " ):;:C:;' ~~.! ?:~ C- o- ::',-\hi Z ~, :< ::;:;, ~ I'v =5 -< , ""j I.j , [:1 ..... h H H ~ ij h II .j ii ! J ~ 1 ~ I I I I I I I I I -~'~ . - . BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN P. O. Box 932 Harrisburg, PA 17108-0932 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com I,;, " 'i,.,.. " l'I~y Attorneys for Defendant File# 38500.4-0030 Plaintiff AMY KIBE, v. CUMBERLAND GOLF CLUB, INC., TERI S. FROMBAUGH, and LAURIE JO DEBARR, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3599 JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY, CUMBERLAND COUNTY, PENNSYL VANIA: Kindly enter my appearance in the above-captioned action on behalf of Defendant, Cumberland Golf Club, Inc. I am authorized to accept service on behalf of said participant in this matter. Date: qf/61 MARGOLIS EDELSTEIN Barry Kronthal J.D. No. 55672 P.O. Box 932 Harrisburg, PA 17108-0932 (717) 975-8114 .. ,,' ,""':;"".,1. ,~ u~"n!:w.--,'I;,' ... ..,. CERTIFICATE OF SERVICE I, Carol Moose, an authorized representative of Margolis Edelstein, hereby certify that I served a true and correct copy of the Praecipe to Enter Appearance with re$ere!]:ce to the foregoing action by first class mail, postage prepaid, this 11- day of~Jx.,r 200 I, on the following: John Rightmyer, Esquire Mychak Geckle & Welker, P.c. 230 South Broad Street Eleventh Floor Philadelphia, PA 19102 Jefferson J. Shipman, Esquire P.O. Box 2361 Harrisburg, PA 17108 Brian Zulli, Esquire 2411 North Front Street HalTisburg, P A 17110 Oxw()U;oJ Carol Moose D:\1 Selective Insurance\38500A-0030\Pleads\Praecipe to Enter Appearance,9-12-0l.wpd mi.ilM,~;Ait\';!;;!,,~im,toilli:;#>..'&11F;:f;h':0:'fi":3'~l~'H<1ij;-ii~w,.j<*J.ill"'~~',~;"W;;"'Jt6"'(,<,,;?%~'.!"i!<-f;'l;~_ii2~,j,,*,,';-,;~h,~~i;miM,JM~_~Jli;,. -" ,,; - ",' 11 t~~~-~"''''IIft!iiJJJ~,~~'i:l~< .", _d, <~ ~,_~,~"e ~,~ ' ,< _ ~ .., r__"__ lliIII'"-' ': ..~ 0 0 0 c: 11 -.-- (/) >. -ocn rT'\ -:-oJ rnrn -0 C'- z::u -1 r,l ...,..1"-'"1 zC ....l ,~~~~ tl :Q. :~: .--:,', ,<0 .." f;:~:~~ ...". J:;>:C'l - Z~' <,::::\\1 -0 'f} '::\ )>c: ~ ::::> y-" ~ ~,' r ,,', '... !; I:' jl I' If ~r " [i n. 'I i' !~ ~, ''''''~#: ,"" "; ,',--, '-, - 'f' '",;ir", ""',,~<sl,J~'-'i...,,",,~,< ,""~ ",ic '~',""~- ~',~'''-'' ,~;,;,::{"',-0>~,:,;,,.L;:,,> " "",'>-; "\::~;i!' GOLDBERG, KATZMAN & SHIPMAN, P.C. Jefferson J. Shipman, Esquire ID#: 51785 PO Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Fax: (717) 234-6810 Attorney for Defendant, Frombaugh AMY KIBE, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3599 CIVIL TERM CUMBERLAND GOLF CLUB, INC., TERI S. FROMBAUGH, and LAURIE JO DEBARR, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER OF DEFENDANT. TERI S. FROMBAUGH. TO CROSSCLAIM OF DEFENDANT. LAURIE JO DEBARR AND NOW, comes the Defendant, Teri S. Frombaugh, by and through her counsel, Goldberg, Katzman & Shipman, P.C., and files the following Answer to Crossclaim of Defendant, Laurie Jo Debarr: 43. The Answer and New Matter of Defendant, Teri Frombaugh, is incorporated herein by reference. ,. ". ~'--~- ,." ,.:;" '"",,r _~ ".',;>1 ',,'" "":';,:",~""~',,,;,:, ~"';"'<';'.-, ;","",,'" '.:<.;):,,:.i';;;;(~ 44-46. Denied. The averments contained in Paragraphs 44 through 46, are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied as they in any way relate to Defendant, Teri S. Frombaugh. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. Je fe ipman, Esquire I.D. #: 51785 P.O. Box 2361 Harrisburg, PA 17108-1268 Attorneys for Defendant, Teri S. Frombaugh 65400.2 2 " '-.' - -, < " . ~ ~", " ,;,),'c",-, ,.;~,--, ',~",,' ""0,,,,1 ,'", \, ,';,~'" f',.l",V "';--'i4k:-"-~,,'~[,;0i'~~}",F"",,;.1;Y ,', , :-'--'~Dj~~! VERIFICATION I, Teri S. Frombaugh, hereby acknowledge that I am the Defendant in this action; that I have read the foregoing and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to \ unsworn falsification to authorities. /jM'J. F.;M64 Teri S. Frombaugh ' Date: 65403.1 '0" -' jn_, ""','~_ ~, "","'" - ~"I*"^">,-j;,,--.;;'i;,,,, ,,'-' <' ~,-,~".,,,,~q'__m';"",.-',,_tS:.._~"'-; , ":;"":;-1' . CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United states mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows on ~ I~ , 2001: John Rightmyer, Esquire Mychak, Geckle & Welker, P.C. 230 South Broad Street, 11~ Floor Philadelphia, PA 19102 Attorneys for Plaintiff Barry A. Kronthal, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Attorneys for Defendant, Cumberland Golf Club, Inc. Brian Zulli, Esquire Nealon & Gover 2411 North Front Street Harrisburg, PA 17110 Attorneys for Defendant, Laurie Jo Debarr GOLDBERG, KATZMAN & SHIPMAN, P.C. on J. Sh'pman, Esquire 1. . #: 51785 P.O. Box 2361 Harrisburg, PA 17108-1268 Attorneys for Defendant, Teri S. Frombaugh ~ ~.;'$;.~~'-- ~~~;; "";,,~, 'F ':iiiii-;<:f:"')' "~~~,,,,,,,,-,,,,,,,,,,,,,.,..,: ,n ,'."""", ,"~'''' --, <-.', " ~,e ~, cJ'll!lm! ~,~~ ,,",,- , ,~c __< "",, ~_ ,'-~ <,", - '. .1'JC-~' 1'1"1;-;" ~i?,~ ~~'~~, I "",C_' <-- :i> r--" ;?;i..'"l y<..~ "7 :::i -< o r ~;>. C) :1) ~--d ~" \~! ft~ ~,J: I',',' '" ;,!j ~: I,j )1 I' Iii " ~ " 11 " ~ " II ru II I~~, " II II! ~i Ii! Ii " I ~) ",1 ,;. U"J ';:.'f~ "1"1 ~'n .,'-;'" G c:- (P ,C:..:-i-f'j :""J -" -;-:",,0 ::q -~, .1 ~~ , ,;--~I '0";'" """" "'ir.j~ .. CERTIFICATE . PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS AMY L. JUDD KIBE TERM, -VS- CASE NO: 01-3599 DEBARR As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BRIAN N. ZULLI, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. ~1\;.~)~. MCS on behalf of BRIAN N. ZULLI, ESQ. Attorney for DEFENDANT DATE: 05/06/2002 DEll-330730 90397 -LO l . . ,~'~'_, .1"" . , 'i " , ,~> ,J, ;;., ~ ""';'''''';'i,i COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE HATTER OF: COURT OF COMMON PLEAS AMY L. JUDD KIBE TERM, -VS- CASE NO: 01-3599 DEBARll. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: JEFFERSON J. SHIPMAN, ESQUIRE JOHN RIGHTMYER, ESQUIRE BARRY A. KRONTHAL, ESQUIRE MCS on behalf of BRIAN N. ZULLI, ESQ. intends to serve a 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 record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/16/2002 MCS on behalf of BRIAN N. ZULLI, ESQ. Attorney for DEFENDANT CC: BRIAN N. ZULLI, ESQ. - 01-283 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-184427 90397-C03 - >>> LOCATION LIST <<< RECORD6 REQUESTED EMPLOYMENT EMPLOYMENT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS OTHER MEDICAL RECORDS MEDICAL RECORDS EMPLOYMENT EMPLOYMENT MEDICAL RECORDS " ~, 0' h M "~"", ~ '0" 'It :~:_ PAGE: 1 LOCATION NAME PA FOOD MERCHANTS PA BLUE CROSS/BLUE SHEILD CARLISLE HOSPITAL ORTHO. SURGEONS OF CEtrrllAL PA. WEST SHORE FAMILY PRACTICE PA NEUROLOGICAL ASSOCIATES BEACON MEDICAL GROUP CARLISLE COMHllNITY AMBULANCE WILLIAM J. POLACHECK JR. M.D. ALAN D. ROUHN, M.D. AJILON U.S. OPERATIONS SELECT MEDICAL HARRISBURG HOSPITAL DE02-184427 90397-C03 ~ ,"'" ~ , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND )'illY"L JUDD KIBE VS DEBARR FileNo. 01-3599 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: PENNSYLVANIA FOOD MERCHANTS (Name of Penon or Entity) W~thin twenty (20) days after service of this subj!oena,'y.l!\l MJLl2rdered by the court to produce the following documents or things: SEE A:ITACIIIW at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 (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: BRIAN N. ZULLI. ESO. ADDRESS: 2411 NORTH FRONT ST. HARRISBURG, PA 17110 TElEPHONE: 215-246-0900 SUPREME COURT ID It: ATIORNEY FOR:DEFENDANT BY DATE: {)i)~ll I <-; .:)~6a. - "-- Seal of the Court (Elf 7/97) , ~ ~, 'k" '.' -" rJ." EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PA FOOD MERCHANTS 1029 MUMA ROAD WORMLEYSBURG, PA 17043 RE: 90397 AMY L. JUDD KIBE Any and all employment records, files and memorandums, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee. Dates Requested: up to and induding the present. Subject: AMY L. JUDD KIBE 401 CHESTNUT STREET, MARYSVILLE, PA 17053 Social Security #: 404-33-2848 Date of Birth: 10-28-1973 SUIO-368536 90397 -LOl " -.1 ""'" 1.' , ~ --,,~~'t:, CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS AMY L. JUDD KIBE TERM, -VS- CASE NO: 01-3599 DEBARR As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BRIAN N. ZULLI, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 05/06/2002 BRIAN N. ZULLI, ESQ. Attorney for DEFENDANT DEll-330731 90397-L02 ,~ ~ --I d,' '" ~; COMMONWEALTH OF PENNSYLVANIA , COUNTY OF CUMBERLAND IN THE HATTER OF: COURT OF COMMON PLEAS AMY L. JUDD KIBE TERM, -VS- CASE NO: 01-3599 DEBARR NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: JEFFERSON J. SHIPMAN, ESQUIRE JOHN RIGHTMYER, ESQUIRE BARRY A. KRONTBAL, ESQUIRE MCS on behalf of BRIAN N. ZULLI, ESQ. intends to serve a 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 record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. CllIDplete copies of any reproduced records may be ordered at your expense by clllDpleting the attached counsel card and returning same to HCS or by contacting our local MCS office. DATE: 04/16/2002 HCS on behalf of BRIAN N. ZULLI, ESQ. Attorney for DEFENI>AHT CC: BRIAN N. ZULLI, ESQ. - 01-283 Any questions regarding this matter, contact THE HCS GROUP !MC. 1601 lWlKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-184427 9 03 9 7 -C03 >>> LOCATION LIST <<< RECORDS REQUESTED EMPLOYMENT EMPLOYMENT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS OTIIER MEDICAL RECORDS MEDICAL RECORDS EMPLOYMENT EMPLOYMENT MEDICAL RECORDS '- >~ ""'~".."" c ' -- ,,,"" , ''T''~'-' PAGE: 1 LOCATION lIAHE PA FOOD MERCHANTS PA BLUE CROSS/BLUE SHEILD CARLISLE HOSPITAL ORTHO. SURGEONS OF CENTRAL PA. WEST SHORE FAMILY PRACTICE PA NEUROLOGICAL ASSOCIATES BEACON MEDICAL GROUP CARLISLE COHHllNITY AMBULANCE WILLIAM J. POLACHECK JR. M.D. ALAN D. ROllHN, M.D. AJILON U.S. OPERATIONS SELECT MEDICAL HARRISBURG HOSPITAL DE02-184427 90397-C03 -- ^" J...,;.. ~ t- ~"'"", '-.:. ~" .""""'.' ""_ A .~"<~." COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND AMY L JUDD KIBE VS DEBARR FileNo. 01-3599 SUBPOENA TO PRODUGE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: PENNSYLVANIA BLUE CROSS/BLUE SHIELD (Naml! o( Penon or Entity) W!thin twenty (20) days after service of this subj!oenaS.llu MJUl.rdered by the court to produce the following documents or thIngs: sEE ATTACHllU at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 (Add.....) 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: BRIAN N. ZULLI. ESO. ADDRESS: 2411 NORTH FRONT ST. HARRISBURG. FA 17110 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR:DEFENDANT BY DATE: {Jp~ L S~^ , <:........... Seal of the Court (Eff 7/97) 20,. ' -"< ,; "i.'". )-" ,- -",' '" 0, ~ - "r~i, EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: P A BLUE CROSS/BLUE SHEILD 2500 LEMERTON AVE. HARRISBURG, PA 171779799 RE: 90397 AMY L. JUDD KIBE Any and all employment records, files and memorandums, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee. Dates Requested: up to and including the present. Subject: AMY L. JUDD KIBE 401 CHESTNUT STREET, MARYSVILLE, PA 17053 Social Security #: 404-33-2848 Date of Birth: 10-28-1973 SUlO-368538 gO 3 9 7 -L 02 -~~. 1 "",,,I--, '-~ -, ,,;;,i...- CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS AMY L. JUDD KIBE TERM, -VS- CASE NO: 01-3599 DEBARR As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BRIAN N. ZULLI, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 05/06/2002 BRIAN N. ZULLI, ESQ. Attorney for DEFENDANT DEll-330732 90397-L03 -'-< I,., o '~ ~ ~~. ';;,,' , 'i!.t ;",,,,,, '"' .,~;: i .' CO~ONWE.ALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE HATTER OF: COURT OF COMMON PLEAS AMY L. JUDD KIBE TERM, -VS- CASE NO: 01-3599 DEBARR NOTICE OF, INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: JEFFERSON J. SHIPMAN, ESQUIRE JOHN RIGHTMYER. ESQUIRE BARRY A. KRONTHAI., ESQUIRE HCS on behalf of BRIAN N. ZULLI, ESQ. intends to serve a 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 record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to HCS or by contacting our local MCS office. DATE: 04/16/2002 MCS on behalf of BRIAN N. ZULLI, ESQ. Attorney for DEFENDANT CC: BRIAN N. ZULLI, ESQ. - 01-283 Any questions regarding this matter, contact THE HCS GROUP IRC. 1601 MARICET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-184427 9039 7-C03 ~.""'~ ~~ .~L Ori _ >>> LOCATION LIST <<< RECO~S REQUESTED EMPLOYMENT EMPLOYMENT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS OTHER MEDICAL RECORDS MEDICAL RECORDS EMPLOYMENT EMPLOYMENT MEDICAL RECORDS , .,__,J l :Ii~bm -. ~,. ~'i@t> PAGE: 1 LOCATION !lAME PA FOOD MERCHANTS PA BLUE CROSS/BLUE SHEILD CARLISLE HOSPITAL ORTHO. SURGEONS OF CENTRAL PA. WEST SHORE FAMILY PRACTICE PA NEUROLOGICAL ASSOCIATES BEACON MEDICAL GROUP CARLISLE COHHUNITY AMBULANCE WILLIAM J. POLACHECK .JR. M.D. ALAN D. ROUMN. M.D. AJILON U.S. OPERATIONS SELECT MEDICAL HARRISBURG HOSPITAL DE02-184427 90397-C03 .. ..~._ .JI"-. .," . -- "" ~,' . -" - ~~',. . -" COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND AMY - L JUDD KIBE VS DEBARR FileNo. 01-3599 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL (Name of Penon or Entity) W~thin twenty (20) days after service of this subj!oena,'y.lluMJLlI.rdered by the court to produce the following documents or thIngs: SEE ATTACtlt:U at MCS GROUP INC" 1601 MARKET ST,. #800, PHILA.,PA 19103 (A.dd.....) 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: BRIAN N. ZULLI. ESO. ADDRESS: 2411 NORTH FRONT ST. HARRISBURG. PA 17110 TELEPHONE, 215-246-0900 SUPREME COURT 10 #: ATTORNEY FOR: DEFENDANT DATE: Pp~,L S ,..::)r-Y>;J... , Seal of the Court (Efr 7/97) '-. -',,~ . , Id ,--;,," "I ,;,..".,;, ." " EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL 246 PARKER STREET CARLISLE, PA 17013 RE: 90397 AMY L. JUDD KIBE Any and all records, correspondence, files and memorandums, handwritten notes, relating to any examination, consultation care or treatment. Dates Requested: up to and including the present. Subject: AMY L. JUDD KIBE 401 CHESTNUT STREET, MARYSVILLE, PA 17053 Social Security #: 404-33-2848 Date of Birth: 10-28-1973 SUlO-368540 90397 -L 0 3 , I,.., ~~, . . t J-- , --- o'~k CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS AMY L. JUDD KIBE TERM, -VS- CASE NO: 01-3599 DEBARR As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BRIAN N. ZULLI, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 05/06/2002 BRIAN N. ZULLI, ESQ. Attorney for DEFENDANT DEll-330733 90397 -L04 . ".0' I~,. . .1 ~,' '''-''': COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS AMY L. JUDD KIBE TERM. -VS- CASE NO: 01-3599 DEBARR NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: JEFFERSON J. SHIPMAN, ESQUIRE JOHN RIGHTMYER. ESQUIRE BARRY A. KRONTBAL, ESQUIRE HCS on behalf of BRIAN N. ZULLI, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (ZO) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to HCS or by contacting our local HCS office. DATE: 04/16/2002 HCS on behalf of BRIAN N. ZULLI, ESQ. Attorney for DEFENDANT CC: BRIAN N. ZULLI, ESQ. - 01-283 Any questions regarding this matter, contact THE HCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-184427 90397-C03 - RECORD,S REQUESTED EMPLOYMENT EMPLOYMENT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS OTHER MEDICAL RECORDS MEDICAL RECORDS EMPLOYMENT EMPLOYMENT MEDICAL RECORDS -. " >>> LOCATION LIST <<< '. h.l ~ "" -. ',,"- " , .-' o.L .M',,0.,i PAGE: 1 LOCATION NAME PA FOOD MERCHANTS PA BLUE CROSS/BLUE SHEILD CARLISLE HOSPITAL ORTHO. SURGEONS OF CEIlTlIAL PA. WEST SHORE FAMILY PRACTICE PA NEUROLOGICAL ASSOCIATES BEACON MEDICAL GROUP CARLISLE COMHDNITY AMBULANCE WILLIAM J. POLACHECK JR. M.D. ALAN D. ROUHN. M.D. AJILON u. S. OPERATIONS SELECT MEDICAL HARRISBURG HOSPITAL DE02-184427 90397-C03 , -,- "' ~"" . '--],:;1-' ~ COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND AMY L JUDD KIBE VS DEBARR File No. 01-3599 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: ORTHOPEDIC SURGEONS OF CENTRAL PENNSYLVANIA (Name o( Penon or Entity) Within twenty (20) days after service of this subj!oena,-!,.llu MLQ.rdered by the court to produce the following documents or things: SEE ATTACl!];U at MCS GROUP INC" 1601 MARKET ST" #800, PHILA.,PA 19103 (Add.....) 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) day. 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: BRIAN N. ZULLI. ESO. ADDRESS: 2411 NORTH FRONT ST. HARRISBURG. PA 17110 TELEPHONE: 215-246-0900 SUPREME COURT IO #: ATTORNEY FOR:DEFENDANT DATE: /lfrJ -, ( . ~ ~ rY>~ - Protllonotary(Clerk, Civil Divis' 4r>- P 2. ?p-..P./U~",r- Oeputy <...... Seal of the Court (Eff 7/97) ~ -'-", < .-., -. " -' ,', -,' -' ~ " .~:~, EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ORTHO. SURGEONS OF CENTRAL PA. 99 NOVEMBER DRIVE CAMP HILL, PA 17011 RE: 90397 AMY L. JUDD KIBE Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to llnd including the present. Subject: AMY L. JUDD KIBE 401 CHESTNUT STREET, MARYSVILLE, PA 17053 Social Security #: 404-33-2848 Date of Birth: 10.28.1973 SUlO-368542 90397 - L 04 .. "~~;~- ~' "~'" ., CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS AMY L. JUDD KIBE TERM, -vs- CASE NO: 01-3599 DEBARR As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BRIAN N. ZULLI, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 05/06/2002 BRIAN N, ZULLI, ESQ. Attorney for DEFENDANT DEll-330734 90397-L05 , .. --I.,~, .,' , -'- -," .-, --..0' ..~ 0.,' " l"'j'i;,t, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUl-IBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS AMY L. JUDD tUBE TERM. -VS- CASE NO: 01-3599 DEBARR NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: JEFFERSON J. SHIPMAN, ESQUIRE JOHN RIG8THYER, ESQUIRE BARRY A. KRONTHAL, ESQUIRE KCS on behalf of BRIAN N. ZULLI, ESQ. intends to serve a 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 record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local HCS office. DATE: 04/16/2002 HCS on behalf of BRIAN N. ZULLI, ESQ. Attorney for DEFENDANT CC: BRIAN N. ZULLI, ESQ. - 01-283 Any question6 regarding this matter, contact THE KCS GROUP mc. 1601 MAllXET STREET '800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-184427 90397 -C03 >>> LOCATION LIST <<< RECORDS REQUESTED . EMPLOYMENT EMPLOYMENT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS OTHER MEDICAL RECORDS MEDICAL RECORDS EMPLOYMENT EMPLOYMENT MEDICAL RECORDS ~~ , ~ '~, J.c ","",ooci~, .", PAGE: 1 LOCATION NAME PA FOOD MERCHANTS PA BLUE CROSS(BLUE SHEILD CARLISLE HOSPITAL ORTHO. SURGEONS OF CENTRAL PA. WEST SHORE FAMILY PRACTICE PA NEUROLOGICAL ASSOCIATES BEACON MEDICAL GROUP CARLISLE COMMUNITY AMBULANCE WILLIAM J. POLACHECK JR. M.D. ALAN D. ROUMN, M.D. AJILON u. S. OPERATIONS SELECT MEDICAL HARRISBURG HOSPITAL DE02-184427 90397-C03 ~~ - =.~\-a;,;,- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND AMY L JUDD KIBE VS DEBARR File No. 01-3599 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009,22 TO: CUSTODIAN OF RECORDS FOR: WEST SHORE FAMILY MEDICINE CENTER (Name of Penon or Entity) Within twenty (20) days after service of this subj!oenas.9u MJ:..ll.rdered by the court to produce the following documents or things: SEE A'fTAClIllU at MCS GROUP INC" 1601 MARKET ST., #800, PHILA"PA 19103 (Addres.) 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 sl!i!k a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BRIAN N. ZULLI. ESO. ADDRESS: 2411 NORTH FRONT ST. HARRISBURG. PA 17110 TElEPHONE: 215-246-0900 SUPREME COURT IO #: ATTORNEY FOR:DEFENDANT DATE: fJpa ~ { .s: r::J(')o A. , '-- Prothonotary/Cle Civil n ..a~p JJ'VD~a.r-- Oepu Seal of the Court (Elf. 7/97) "-.>' ,d ",_ .~-< " , ." ~~-:C~,^ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: WEST SHORE FAMILY PRACTICE 550 N. 12TH ST. LEMOYNE, PA 17043 RE: 90397 AMY L. JUDD KIBE Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: AMY L. JUDD KIBE 401 CHESTNUT STREET, MARYSVILLE, PA 17053 Social Security #: 404-33-2848 Date of Birth: 10-28-1973 SU10-368544 90397-LOS -< ~ r '" 'I > ',"-,Y,Ul""' M '.E~ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS AMY L. JUDD KIBE TERM, -vS- CASE NO: 01-3599 DEBARR As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BRIAN N. ZULLI, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 05/06/2002 BRIAN N. ZULLI, ESQ. Attorney for DEFENDANT DEll-330735 90397-L06 I. ~ [,-" """ - fh',;,"] COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE HATTER OF: COURT OF COHMON PLEAS AMY L. JUDD KIBE TERM. -V5- CASE NO: 01-3599 DEBARR NOTICE OF INTEN'1' TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: JEFFERSON J. SHIPMAN, ESQUIRE JOHN RIGHTMYER, ESQUIRE BARRY A. KRONTHAL, ESQUIRE MCS on behalf of BRIAN N. ZULLI, ESQ. intends to serve a 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 record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/16/2002 MCS on behalf of BRIAN N. ZULLI, ESQ. Attorney for DEFEHDANT CC: BRIAN N. ZULLI, ESQ. - 01-283 Any questions regarding this matter, contact THE MCS GROUP mc. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-184427 90397-C03 ~ ~ >>> LOCATION LIST <<< '.,~ , ,~, ~ '-" ~. ',. .... -"'iii_ PAGE: 1 RECORDS REQUESTED EMPLOYMENT EMPLOYMENT MEDICAl. RECORDS MEDICAl. RECORDS MEDICAl. RECORDS MEDICAl. RECORDS MEDICAL RECORDS OTHER MEDICAl. RECORDS MEDICAl. RECORDS EMPLOYMENT EMPLOYMENT MEDICAL RECORDS LOCATION NAME PA FOOD MERCHANTS PA BLUE CROSS/BLUE SBEILD CARLISLE HOSPITAL ORTHO. SURGEONS OF CENTRAL PA. WEST SHORE FAMILY PRACTICE PA NEUROLOGICAL ASSOCIATES BEACON MEDICAL GROUP CARLISLE COHHllNITY AMBULANCE WILLIAM J. POLACHECK JR. M.D. ALAN D. ROUMN, M.D. AJILON U.S. OPERATIONS SELECT MEDICAL HARRISBURG HOSPITAL DE02-184427 90397-C03 <- ... ,~ " ~-'~'r~i COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MrCL JUDD KIBE VS DEBARR FileNo. 01-3599 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009,22 TO: CUSTODIAN OF RECORDS FOR: PENNSYLVANIA NEUROLOGICAL ASSOC. LTD. (Name of Penon or Entity) W!thin twenty (20) days after service of this subj!!!!lna,'y.llu MLll.rdered by the court to produce the following documents or things: SEll ATTAClillU at MCS GROUP INC., 1601 MARKET ST" #800. PHILA.,PA 19103 (Add.....) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the (ertificate 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: BRIAN N. ZULLI. ESO. ADDRESS: 2411 NORTH FRONT ST. HARRISBURG. PA 17110 TELEPHONE: 215-246-0900 SUPREME COURT lD #: ATTORNEY FOR:DEFENDANT DATE: {Jp~ l S' .:l r)D ~ I - Prothonotary/Cler!c, C i.ion "- /2~ P ~~r- De ty Seal of the Court (Efi. 7/97) -" ~',.~ --" ^-~,,'; , - , .,' ""jj~+~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: P A NEUROLOGICAL ASSOCIATES 108 LOWTHER STREET LEMOYNE, PA 17043 RE: 90397 AMY L. JUDD KIBE Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: AMY L. JUDD KIBE 401 CHESTNUT STREET, MARYSVILLE, PA 17053 Social Security #: 404-33-2848 Date of Birth: 10-28-1973 SUlO-368546 90397 -LO 6 .'>>--1 " ,. ,,,'-'.'~' ""~ ", -j!"''' CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS AMY L. JUDD KIBE TERM, -VS- CASE NO: 01-3599 DEBARR As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BRIAN N. ZULLI, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent. including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena, MCS on behalf of DATE: 05/06/2002 BRIAN N. ZULLI. ESQ. Attorney for DEFENDANT DEll-330736 90397-L07 -;- '-'.'"'., 'c,.,j """'-':<, COMM:ONWEALTH OF PENNSYLVANIA. COUNTY OF CUMBERLAND IN THE HATTER OF: COURT OF COMMON PLEAS AMY L. JUDD KIBE TERM. -VS- CASE NO: 01-3599 DEBARR NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: JEFFERSON J. SHIPMAN, ESQUIRE JOHN RIGHTKYER, ESQUIRE BARRY A. KRONTBAL, ESQUIRE MCS on behalf of BRIAN N. ZULLI, ESQ. intends to serve a 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 record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objectiolll is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/16/2002 MCS on behalf of BRIAN N. ZULLI, ESQ. Attorney for DEFENDANT CC: BRIAN N. ZULLI, ESQ. - 01-283 Any questions regarding this matter, contact THE MCS GROUP DlC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-184427 90397-C03 ,- - " " >>> LOCATION LIST <<< RECORDS REQUESTED , EMPLOYMPT EMPLOYMENT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS OTHER MEDICAL RECORDS MEDICAL RECORDS EMPLOYMENT EMPLOYMPT MEDICAL RECORDS , ,I' , h... '-" S~ PAGE: 1 LOCATION IlAHE PA FOOD HERCBAHTS PA RLUE CllOSS/RLUE SIlEILD CARLISLE HOSPITAL ORTBO. SURGEONS OF CENTRAL PA. WEST SHORE FAMILY PRACTICE PA NEUROLOGICAL ASSOCIATES BEACON MEDICAL GROUP CARLISLE COMMUNITY AMBULANCE WILLIAM J. POLACIlECK JR. M.D. ALAN D. ROUKN, M.D. AJILON U.S. OPERATIONS SELECT MEDICAL HARRISBURG HOSPITAL DE02-184427 90397-C03 ~, - '<~ ~~:J COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND AMYL JUDD KIBE VS DEBARR File No. 01-3599 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO,RULE 4009,22 TO: CUSTODIAN OF RECORDS FOR: BEACON MEDICAL GROUP (Name o( Penon or Entity) Within twenty (20) days after service of this subJ!oena,.Y.ouMLlI.rdered by the court to produce the following documents or things: SEE ATTAClIllU at MCS GROUP INC.. 1601 MARKET ST., 1/800, PHILA. ,PA 19103 (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 document. 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: BRIAN N. ZULLI. ESO. ADDRESS: 2411 NORTH FRONT ST. HARRISBURG. PA 17110 TELEPHONE: 215-246-0900 SUPREME COURT 10 #: ATTORNEY FOR: DEFENDANT '--- DATE: ~\ ( ~ .::J61J:J.... f '\. Seal of the Court (Eff.7/97) - . k _ '_ _~"' . --"-- '->"l~U EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BEACON MEDICAL GROUP 425 N. 21ST ST. CAMP HILL, PA 17011 RE: 90397 AMY L. JUDD KIBE Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: AMY L. JUDD KIBE 401 CHESTNUT STREET, MARYSVILLE, PA 17053 Social Security #: 404-33-2848 Date of Birth: 10-28-1973 5U10-368548 90397-L07 '"' ~' . ",I"""" '" l>,._ . '''_ ., -~ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS AMY L. JUDD KIBE TERM, -VS- CASE NO: 01-3599 DEBARR As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BRIAN N. ZULLI. ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 05/06/2002 BRIAN N. ZULLI, ESQ. Attorney for DEFENDANT DEll-330737 90397-LOS - "~.~~- ,-, I. _ ;~ 'd,' .. ,~ " ,- " ~ ~ ',~,; COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE HATTgR OF: COURT OF COHHON PLEAS AMY L. JUDD KIBE TERM, -VS- CASE NO: 01-3599 DEBARR NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: JEFFERSON J. SHIPMAN, ESQUIRE JOaN RIGHTMYER, ESQUIRE IIA1tRY A. KROHTBAL, ESQUIRE KCS on behalf of BRIAN N. ZULLI, ESQ. intends to serve a 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 record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is _de, then the subpoena _y be served. Complete copies of any reproduced records _y be ordered at your expense by completing the attached counsel card and returning same to KeS or by contacting our local KCS office. DATE: 04/16/2002 KeS on behalf of BRIAN N. ZULLI, ESQ. Attorney for DEFEHDAHT CC: BRIAH N. ZULLI, ESQ. - 01-283 Any questions regarding this _tter, contact THE KeS GROUP IHC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-184427 90397-C03 ..-' ,~ >>> LOCATION LIST <<< RECORDS REQUESTED EMPLOYMENT EMPLOYMENT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS OTHER MEDICAL RECORDS MEDICAL RECORDS EMPLOYMENT EMPLOYMENT MEDICAL RECORDS ~ ". I, _ ~ " F ,",: >~' L: .,_ PAGE: 1 LOCATION IIAHE PA FOOD MERCHANTS PA BLUE CROSS/BLUE SHEILD CARLISLE HOSPITAL ORTHO. SURGEONS OF CENTRAL PA. WEST SHORE FAMILY PRACTICE PA NEUROLOGICAL ASSOCIATES BEACON MEDICAL GROUP CARLISLE COMMUNITY AMBULANCE WILLIAM J. POLACHECK JR. M.D. ALAN D. ROUMN. M.D. AJILON U.S. OPERATIONS SELECT MEDICAL IlARRISBURG HOSPITAL DE02-184427 90397-C03 '"""""""~' " .~.-"-,, ~ ~<<"- "'\1; COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND AHY-L JUDD KIBE VS DEBARR FileNo. 01-3599 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009,22 TO: CUSTODIAN OF RECORDS FOR: CARLISLE COMMUNITY AMBULANCE (Name of Pe'Aon or Entity) W!thin twenty (20) days after service of this subJ!oenad'.lluNJl..o.rdered by the court to produce the following documents or thIngs: SEE A'rTAClIlW at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 (Add.....) 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: BRIAN N. ZULLI. ESO. ADDRESS: 2411 NORTH FRONT ST. HARRISBURG. PA 17110 TELEPHONE: 215-246-0900 SUPREME COURT IO #: ATTORNEY FOR:DEFENDANT DATE: 4""Yl-' ( .r; ..),y>;)... , Prolhonotary/Clerk, vl.ion "-- dO>.~ P ~JJ~r---- o ty Seal of the Court (Efr 7/97) " ~ ,I '_",', I'~'! '. 'ir\ EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE COMMUNITY AMBULANCE 102 WEST RIDGE STREET CARLISLE, PA 17013 RE: 90397 AMY L. JUDD KIBE INCLUDE ANY AND ALL RECORDS Subject: AMY L. JUDD KIBE 401 CHESTNUT STREET, MARYSVILLE, PA 17053 Social Security #: 404-33-2848 Date of Birth: 10.28.1973 SUlO-368550 90397-Loa '" ,'. ',' ,.' "n '''~" , , -",-c''jitj:: CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS AMY L. JUDD KIBE TERM, -VS- CASE NO: 01-3599 DEBARR As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BRIAN N. ZULLI, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 05/06/2002 BRIAN N. ZULLI, ESQ. Attorney for DEFENDANT DEll-330738 90397-L09 ""'v 0' "-'.'< '-:'~; . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE HATTER OF: COURT OF COMMON PLEAS AMY L. JUDD lUBE TERM, -VS- CASE NO: 01-3599 DEBARR NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: JEFFERSON J. SHIPMAN, ESQUIRE JOHN RIGHTMYER, ESQUIRE BARRY A. KRONTHAL, ESQUIRE MCS on behalf of BRIAN N. ZULLI, ESQ. intends to serve a 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 record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/16/2002 MCS on behalf of BRIAN N. ZULLI, ESQ. Attorney for DEFENDANT CC: BRIAN N. ZULLI, ESQ. - 01-283 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 IWl1tET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-184427 90397-C03 - >>> LOCATION LIST <<< RECORDS REQUESTED EMPLOYMENT EHPLOYMEMT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS OTHER MEDICAL RECORDS MEDICAL RECORDS EMPLOYMENT EMPLOYMENT MEDICAL RECORDS o 'h, 'I- ~". ">-p~ " i .'. ~ " , ~. , ': PAGE: 1 LOCATION NAME PA FOOD MERCHANTS PA BLUE CROSS/BLUE SHEILD CARLISLE HOSPITAL ORTHO. SURGEONS OF CENTRAL PA. WEST SHORE FAMILY PRACTICE PA NEUROLOGICAL ASSOCIATES BEACON MEDICAL GROUP CARLISLE COHHDNITY AMBULANCE WILLIAM J. POLACHECK JR. H.D. ALAN D. ROUKN. H.D. AJILON U.S. OPERATIONS SELECT MEDICAL HARRISBURG HOSPITAL DE02-184427 90397-C03 ~~--~~ " - _ , "'" ",. ~1l*'1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND AMYL JUDD KIBE VS DEBARR FileNo. 01-3599 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: WILLIAM J. POLACHECK, M.D. (Name o( Penon or Entity) Within twenty (20) days after service of this subJ!oena,-1!OuMLll.rdered by the court to produce the following documents or ~~ ~~~~ at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 (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 tkings 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: BRIAN N. ZULLI. ESO. ADDRESS: 2411 NORTH FRONT ST. HARRISBURG. PA 17110 TELEPHONE, 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR:DEFENDANT DATE: 4n'\ ( S ;;; f'Yld-.. , .... c..... Prothonotary/Clerk, vi.ion .da.,. eo 9 ~'n' t..J O. ty Seal of the Court (Eff. 7/97) ~-'I I -', ,:.J "-' '-' ~' " " '-"'" . -1~'fJii;', EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: WILLIAM J. POlACHECK JR. M.D. 875 POPlAR CHURCH RD CAMP HILL, PA 17011 RE: 90397 AMY L. JUDD KIBE Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: AMY L. JUDD KIBE 401 CHESTNUT STREET, MARYSVILLE, PA 17053 Social Security #: 404-33-2848 Date of Birth: 10-28-1973 SUIO-368552 90397 -LO 9 <'~'~' - -", -I. , , ~~'.. 'I' ':Will~~a, CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS AMY L. JUDD KIBE TERM, -VS- CASE NO: 01-3599 DEBARR As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BRIAN N. ZULLI. ESQ, certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena, MCS on behalf of DATE: 05/06/2002 BRIAN N. ZULLI, ESQ. Attorney for DEFENDANT DEll-330739 90397-L10 ."'~ , .., """~ . ~_ w_ - ~" ~ -~'1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS AMY L. JUDD lUBE TERM. -VS-CASE NO: 01-3599 DEBARR NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: JEFFERSON J. SHIPMAN, ESQUIRE JOHN RIGHTMYER, ESQUIRE BARRY A. KRONTBAL, ESQUIRE HCS on behalf of BRIAN N. ZULLI, ESQ. intends to serve a 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 record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to HCS or by contacting our local KCS office. DATE: 04/16/2002 HCS on behalf of BRIAN N. ZULLI, ESQ. Attorney for DEFENDANT CC: BRIAN N. ZULLI, ESQ. - 01-283 Any questions regarding this matter, contact THE HCS GROUP !HC. 1601 HARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-184427 9039 7-C03 -"""""" ,,_ -0 >>> LOCATION LIST <<< RECORDS REQUESTED . EMPLO'lMEHT EMPLOYMENT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS OTHER MEDICAL. RECORDS MEDICAL RECORDS EMPLOYMENT EMPLOYMENT MEDICAL RECORDS , 'I. PAGE: LOCATION IlAME ~ ~ 'h ',' ". iC'j' 1 PA FOOD MERCHANTS PA BLUE CROSS/BLUE SHEILD CARLISLE HOSPITAL ORTHO. SURGEONS OF CEIiTRAL PA. WEST SHORE FAMILY PRACTICE PA IlEUROLOGlCAL ASSOCIATES BEACON MEDICAL GROUP CARLISLE COMMUNITY AMBULANCE WlLLIAH J. POLACHECK JR. H.D. ALAN D. ROUHN. H.D. AJILON U. S. OPERATIONS SELECT MEDICAL HARRISBURG HOSPITAL DE02-184427 90397-C03 ~" .~O ilik.i~', COMMONWEAL TH OF PENNSYL VANIA COUNTY OF CUMBERLAND fillY- L JUDD KIBE VS DEBARR File No. 01-3599 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: ALAN D. ROUMMM, M,D, (Name of Person or Entity) W~thin twenty (20) days after service of this subj!oena..Y.OuNL\l.rdered by the court to produce the following documents or thIngs: SEE .A'rTACHW MCS GROUP INC., 1601 MARKET ST., #800, FHILA.,PA 19103 (Addr...) at 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: BRIAN N. ZULLI. ESO. ADDRESS: 2411 NORTH FRONT ST. HARRISBURG. FA 17110 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR:DEFENDANT DATE: IJPIl..'1 L .t' ;2~6;1... . , Prothonotary/Cler {vision Art-. p P. Z!l./7/WY. r- Depu .......... Seal of the Court (Elf. 7/97) "~~. '.'.__'L I''> <." "[jiilit~~''{'~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ALAN D. ROUMN, M.D. 650 POPLAR CHURCH RD. CAMP HILL, PA 17011 RE: 90397 AMY L. JUDD KIBE Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: AMY L. JUDD KIBE 401 CHESTNUT STREET, MARYSVILLE, PA 17053 Social Security #: 404-33-2848 Date of Birth: 10-28-1973 SUlO-368554 90397-L10 ! I;_,-,"~"~,;, . , ~ -'1<; CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS AMY L. JUDD KIBE TERM, -VS- CASE NO: 01-3599 DEBARR As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BRIAN N. ZULLI. ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena. is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is .identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 05/06/2002 BRIAN N. ZULLI, ESQ. Attorney for DEFENDANT DEll-330740 90397-L:L:L ~ ,.I_~ "~ '. ~__,:, J'" COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE HATTER OF: COURT OF COMMON PLEAS AMY L. JUDD KIBE TERM, -VS- CASE NO: 01-3599 DEBARR NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUAN'l' TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: JEFFERSON J. SHIPMAN, ESQUIRE JOHN RIGHTMYER, ESQUIRE BARRY A. KRONTHAL, ESQUIRE KCS on behalf of BRIAN N. ZULLI, ESQ. intends to serve a 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 record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to KeS or by contacting our local KeS office. DATE: 04/16/2002 KeS on behalf of BRIAN N. ZULLI, ESQ. Attorney for DEFENDANT CC: BRIAN N. ZULLI, ESQ. - 01-283 Any questions regarding this matter, contact THE KeS GROUP IRC. 1601 HARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-184427 90397-C03 !f~U~' ,~ -. ~. >>> LOCATION LIST <<< RECORDS REQUESTED . EMPLOYMENT EMPLOYMENT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS OTHER MEDICAL RECORDS MEDICAL RECORDS EMPLOYMENT EMPLOYMENT MEDICAL RECORDS " ,~' <~ , ""~'~H ~1:.~" PAGE: 1 LOCATION NAME PA FOOD MERCHANTS PA BLUE CROSS/BLUE SHEILD CARLISLE HOSPITAL ORTHO. SURGEONS OF CENTRAL PA. WEST SHORE FAMILY PRACTICE PA NEUROLOGICAL ASSOCIATES BEACON MEDICAL GROUP CARLISLE COHMUNITY AMBULANCE WILLIAM J. POLACHECK JR. H.D. ALAN D. ROUKN. H.D. AJILON U.S. OPERATIONS SELECT MEDICAL HARRISBURG HOSPITAL DE02-184427 90397 -CO 3 ~" " .,., J': COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND AfrrL JUDD KIBE VS DEBARR FileNo. 01-3599 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVER1Y PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: AJlLON (Name of Penon or Entity) W~thin twenty (20) days after service of this subj!oena..Y.llu MJl..ll.rdered by the court to produce the following documents or things: SEE, A'ITACIIIlU at MCS GROUP INC., 1601 MARKET ST., #800, PHlLA.,PA 19103 (Ad_.) 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: BRIAN N. ZULLI. ESO. ADDRESS: 2411 NORTH FRONT ST. HARRISBURG. PA 17110 TELEPHONE: 215-246-0900 SUPREME COURT 10 #: ATTORNEY FOR: DEFENDANT DATE: {Jr/L-ll _(;', :U:XJ do-. ProthonotaryfClerk. Cl I sion 4CJ,r.-P _ 9 t'(mA-r'x_r- Oepu -- Seal of the Court (Eff. 7/97) ,~ ~- '--~I'~ , -. - ~ >~. ~'"'- ..~ '''''''IV EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: AJILON U.S. OPERATIONS 210 WEST PENNSYLVANIA AVE SUITE #250 TOWSON, MD 21204 RE: 90397 AMY L. JUDD KIBE Any and all employment records, files and memorandums, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee. Dates Requested: up to and including the present. Subject: AMY L. JUDD KIBE 401 CHESTNUT STREET, MARYSVILLE, PA 17053 Social Security #: 404-33-2848 Date of Birth: 10-28-1973 SUIO-368556 90397-Lll L.i-' I,' ., ,'-~",. .'.'~k;:'; CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS AMY L. JUDD KIBE TERM, -VS- CASE NO: 01-3599 DEBARR As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BRIAN N. ZULLI. ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent. including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 05/06/2002 BRIAN N, ZULLI, ESQ, Attorney for DEFENDANT DEll-330741 90397-L1Z ". I. ';, ~ , ~ - ' ~~ ii.ll<il.>'~ "c,i < COMMONWEALTH OF PENNSYLVANIA CO"UNTY OF CUMBERLAND IN THE HATTER OF: COURT OF COMMON PLEAS AMY L. JUDD nBE TERM. -VS- CASE NO: 01-3599 DEBARR NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: JEFFERSON J. SHIPMAN, ESQUIRE JOHN RIGHTMYER, ESQUIRE BARRY A. KRONTHAL, ESQUIRE HCS on behalf of BRIAN N. ZULLI, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (ZO) days from the date listed below in Which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to HCS or by contacting our local MCS office. DATE: 04/16/2002 HCS on behalf of BRIAN N. ZULLI, ESQ. Attorney for DEFENDANT CC: BRIAN N. ZULLI, ESQ. - 01-283 Any questions regarding this matter, contact THE HCS GROUP DlC. 1601 MAKKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-184427 90397-C03 ~I >>> LOCATION LIST <<< RECORDS REQUESTED . ~LOYMERT EMPLOYMERT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS OTHER MEDICAL RECORDS MEDICAL RECORDS EMPLOYMENT EMPLOYHEllT MEDICAL RECORDS ." , C"I I H ',,~,";"'" ~. . "'LA" PAGE: 1 LOCATION IlAHE PA FOOD HEll.CIlAHTS PA BLUE CROSS/BLUE SBEILD CARLISLE HOSPITAL ORTHO. SURGEONS OF CEHTUL PA. WEST SHORE FAMILY PRACTICE PA NEUROLOGICAL ASSOCIATES BEACON MEDICAL GROUP CARLISLE COMMUNITY AHBllLAHCE WILLIAM J. POLACBECX JR. M.D. ALAN D. ROUMH, M.D. AJILON U. S. OPERATIONS SELECT MEDICAL HARRISBURG HOSPITAL DE02-184427 90397-C03 -'~ J', ,- ,~' -~''''''I .;," -" ~ ~ ~'1:; COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND A1rrL JUDD KIBE vs DEBARR File No. 01-3599 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR:SELECT MEDICAL (N~me of' Person or Entity) W~thin twenty (20) days after service of this subj!oena.'y.lluMLo.rdered by the court to produce the following documents or thIngs' sEE A'HACllJ,;U at MCS GROUP INC., 1601 MARKET ST., #800, PHlLA.,PA 19103 (Add.....) 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 thinS' 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: BRIAN N. ZULLI. ESO. ADDRESS: 2411 NORTH FRONT ST. HARRISBURG. PA 17110 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR:DEFENDANT DATE: {JptiJ.l _I:;. .:::J /)(j d... , - vii Divi.ion Seal of the COUli . (Eff. 7/97) , . ~, '-'~ j, -,." - , "- . ' -, -" ,,, "~'"";' . EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SELECT MEDICAL 4716 GETTYSBURG ROAD MECHANICSBURG, PA 17055 RE: 90397 AMY L. JUDD KIBE Any and all employment records, files and memorandums, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee. Dates Requested: up to and including the present. Subject: AMY L. JUDD KIBE 401 CHESTNUT STREET, MARYSVILLE, PA 17053 Social Security #: 404-33-2848 Date of Birth: 10.28.1973 SUlO-368558 90397-L:LZ '" ~"""':n,~ ' . CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS AMY L. JUDD KIBE TERM, -VS- CASE NO: 01-3599 DEBARR As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BRIAN N. ZULLI, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 05/06/2002 BRIAN N. ZULLI, ESQ. Attorney for DEFENDANT DEll-330742 90397 - L:L 3 "" . '., '. '.~~ ",' '''jj'rf . . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE HATTER OF: COURT OF COHHON PLEAS AMY L. JUDD lUBE TERM, -VS- CASE NO: 01-3599 DEBARR NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: JEFFERSON J. SHIPMAN, ESQUIRE JOHN RIGHTMYER, ESQUIRE BARRY A. KRONTHAL, ESQUIRE KeS on behalf of BRIAN N. ZULLI, ESQ. intends to serve a 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 record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to KeS or by contacting our local KeS office. DATE: 04/16/2002 MCS on behalf of BRIAB N. ZULLI, ESQ. Attorney for DElEIIDANT CC: BRIAN N. ZULLI, ESQ. - 01-283 Any questions regarding this matter, contact THE KeS GROUP IRC. 1601 MARlET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-184427 90397-C03 ~ >>> LOCATION LIST <<< RECOR;PS REQUESTED D$PLOYMENT EMPLOYMENT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS OTHER MEDICAL RECORDS MEDICAL RECORDS EMPLOYMENT EMPLOYMENT MEDICAL RECORDS ...,",~',. ,""- " _ c. 0",', , ~,"'" ~ "'~f~t;,; PAGE: 1 LOCATION NAME PA FOOD MERCHANTS PA BLUE CROSS/BLUE SBEILD CARLISLE HOSPITAL ORTHO. SURGEONS OF CENTRAL PA. WEST SHORE FAMILY PRACTICE PA NEUROLOGICAL ASSOCIATES BEACON MEDICAL GROUP CARLISLE COHMllNITY AMBULANCE WILLIAM J. POLACHECK JR. M.D. ALAN D. ROUMN. M.D. AJILON u. S. OPERATIONS SELECT MEDICAL HARRISBURG HOSPITAL DE02-184427 90397-C03 -,..~ . . . ",,~~ '" , '~ , - -~ ."J iJ' . , # COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MrrL JUDD KIBE VS DEBARR FileNo. 01-3599 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL (NOIme of Penon or Entity) W~thin twenty (20) days after service of this subJ!!!!1na,'y.llu MLll.rdered by the court to produce the following documents or thll'gs: SEll ATTACIiIlJ} at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 (Add.....) 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: BRIAN N. ZULLI. ESO. ADDRESS: 2411 NORTH FRONT ST. HARRISBURG. PA 17110 TELEPHONE: 215-246-0900 SUPREME COURT 10 #: ATTORNEY FOR:DEFENDANT DATE: 4'; ,J t'...J~ I Prothonotary/Clerk, Civil ~~, p .~~r-- o ty '-- Seal of the Court (Elf. 7/97) -;-, 0" .'" I' . , , 'e-. '~'r',.,_ . EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL 111 S. FRONT STREET HARRISBURG, PA 171012099 RE: 90397 AMY L. JUDD KIBE Any and all records, correspondence, files and memorandums, handwritten notes, relating to any examination, consultation care or treatment. Dates Requested: up to and illlcluding the present. Subject: AMY L. JUDD KIBE 401 CHESTNUT STREET, MARYSVILLE, PA 17053 Social Security #: 404-33-2848 Date of Birth: 10-28-1973 SUlO-368560 90397 -L13 ~_.,,~~~"""- ~J ,,,,-J.:.' . , ,'.... ~'" BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN P. 0, Box 932 Harrisburg, P A 17108-0932 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com Attorneys for Defendant, CUMBERLAND GOLF CLUB, INC. File# 38500.4-0030 AMY KIBE, : COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff V. : NO. 01-3599 CUMBERLAND GOLF CLUB, INC., TERI S. FROMBAUGH, and LAURIE JO DEBARR, Defendants : JURY TRIAL DEMANDED NOTICE TO PLEAD To: Amy Kibe c/o John Rightmyer, Esquire 230 South Broad Street 11 th Floor Philadelphia, PA 19102 Teri S. Frombaugh c/o Jefferson 1. Shipman, Esquire P.O. Box 2361 Harrisburg, PA 17108 Laurie Jo Debarr c/o Brian Zulli, Esquire 2411 North Front Street Harrisburg, P A 1711 0 YOU ARE HEREBY NOTIFIED to plead to the enclosed ANSWER WITH NEW MATTER AND CROSSCLAIM OF DEFENDANT, CUMBERLAND GOLF CLUB, INC., within twenty (20) days from service hereof, or a default judgment may be entered against you. .."",.- ~"',"""" "~,' ',~ Date: '''N "" < -."I,l-' - ,..;.:__--c ,", ',.;,;..,.;, ~, ~-- Respectfully submitted, 6/(}(;/o L , I By: Barry A. IDNo.55 2 P.O. Box 932 Harrisburg, PA 17108-0932 717-975-8114 Attorney for Defendant 2 '..u"' - 0"--- - ~.;;~ _", '-',,", J, " L;~I~~" '. - "1,,,,>~__,_, "'" ' "c",. ~ " BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN P. O. Box 932 Harrisburg, P A 17108-0932 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkroothal@margolisedelstein.com Attorneys for Defendant, CUMBERLAND GOLF CLUB, INC. File# 38500.4-0030 AMY KIBE, Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-3599 CUMBERLAND GOLF CLUB, INC., TERI S. FROMBAUGH, and LAURIE 10 DEBARR, Defendants : JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND CROSSCLAIM OF DEFENDANT. CUMBERLAND GOLF CLUB.INC.. TO THE AMENDED COMPLAINT OF PLAINTIFF. AMY KIBE AND NOW, comes Defendant, Cumberland Golf Club, Inc. ("Cumberland"), by and through its counsel, Margolis Edelstein, and hereby files this Answer with New Matter and CrosscIaim to the Amended Complaint of Plaintiff, Amy Kibe ("Plaintiff'), averring the following in support thereof: ANSWER 1. Denied. After reasonable investigation, Cumberland is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and they are, therefore, denied. 2. Admitted. 3. Denied. After reasonable investigation, Cumberland is without knowledge or 3 . . ~ __ _ ' i ~~".. < m', ":,' L..I";,;, Ji,!iw. J.....,,;"r'\,...;.'~lii'~il>'--;,_ information sufficient to form a belief as to the truth of the averments of this paragraph and they are, therefore, denied. 4. Denied. After reasonable investigation, Cumberland is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and they are, therefore, denied. 5. Denied. After reasonable investigation, Cumberland is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and they are, therefore, denied. COUNT I AMY KIJBE V. CUMBERLAND GOLF CLUB. INC. 6. The answers contained in paragraphs 1 through 5 inclusive hereof, are incorporated by reference herein as if set forth in their entirety. 7. Denied. After reasonable investigation, Cumberland is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and they are, therefore, denied. By way of further answer, the averments of this paragraph are also generally denied, pursuant to Pa. R.C.P. No. 1029. 8. Denied. 9. Denied. 10. Denied. 11. Denied. 12. Denied. 13. Denied. 4 -,"" i, ,':i '" ,'0',- ~ ."'-10- ," ~cil.;.....~ ~" lil.1'>il, 14. Denied. 15. Denied. WHEREFORE, Defendant, Cumberland Golf Club, Inc., respectfully demands judgment in its favor and against Plaintiff, Amy Kibe, with costs assessed to Plaintiff. COUNT II AMY KIBE V. TERI S. FROMBAUGH 16. The answers contained in paragraphs 1 through 15 inclusive hereof, are incorporated by reference herein as if set forth in their entirety. 17-26. Denied. The averments of these paragraphs are directed to a Defendant other than Cumberland and, therefore, there is no need to answer same. However, to the extent said paragraphs aver and/or imply any negligence and/or wrongdoing on the part of Cumberland, then same are specifically denied. WHEREFORE, Defendant, Cumberland Golf Club, Inc., respectfully demands judgment in its favor and against Plaintiff, Amy Kibe, with costs assessed to Plaintiff. COUNT III AMY KIBE V. LAURIE DEBARR 27. The answers contained in paragraphs 1 through 26 inclusive hereof, are incorporated by reference herein as if set forth in their entirety. 28-36. Denied. The averments of these paragraphs are directed to a Defendant other than Cumberland and, therefore, there is no need to answer same. However, to the extent said paragraphs aver and/or imply any negligence and/or wrongdoing on the part of Cumberland, then same are specifically denied. WHEREFORE, Defendant, Cumberland Golf Club, Inc., respectfully demands judgment 5 _, I - , ," ,"__,L- -'I ,- , ",. , i ~ ;";"'~I;., ~ , - -', -' -" ' "'L""'"1 in its favor and against Plaintiff, Amy Kibe, with costs assessed to Plaintiff. NEW MATTER 37. The answers contained in paragraphs 1 through 36 inclusive hereof, are incorporated by reference herein as if set forth in their entirety. 38. Plaintiffs claims, if any, are barred by the applicable statute oflimitations. 39. The subject collision and Plaintiff's alleged damages and/or injuries, ifany, were solely, directly and proximately caused by Plaintiffs own negligent, reckless, and/or careless conduct. 40. Plaintiffs' claims, if any, are barred by the doctrines of contributory and comparative negligence and assumption of the risk. 41. Plaintiff has failed to state a claim upon which relief can be granted. 42. Plaintiff's claims, if any, are barred by her failure to mitigate her damages. 43. Plaintiff is precluded from pleading, introducing into evidence, or recovering any and all monies payable as "required benefits" pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law ("MVFRL"), Act of February 12, 1984,75 Pa. Cons. Stat. 91701 et seq. 44. Plaintiffs claims, if any, are governed by the applicable tort selection under MVFRL. 45. At all times relevant hereto, the subject area where Plaintiff was allegedly injured, was properly designed, constructed and/or maintained in accordance with all relevant standards, and statutory provisions, and did not pose a danger in any way to Plaintiff, or any other persons. 46. To the extent that there was a hazardous or dangerous condition of the subject area, 6 -,,'," J_" _'"C"~ ,",' ,_ , . .:.d. , b ~_J' "~ _ ,~w"- ~,: ' which is specifically denied, then Cumberland did not have notice or have reason to have notice of said condition. 47. It is specifically denied that Plaintiff was a business invitee. 48. At all times relevant hereto, all reasonable and necessary safety precautions were taken in the area where Plaintiff was allegedly injured. 49. Plaintiffs claims, if any, were solely, directly and/or proximately caused by the negligent, careless and/or reckless conduct ofperson(s) and/or entities over whom Cumberland did not have control, and for whom it is not legally or otherwise responsible. 50. Cumberland did not have notice ofthe allegedly dangerous condition, the existence of which is specifically denied, in sufficient time prior to the alleged accident for it to have corrected or to have warned the public of the allegedly dangerous condition. 51. Some of Plaintiffs injuries may be the result of pre-existing conditions. WHEREFORE, Defendant, Cumberland Golf Club, Inc., respectfully demands judgment in its favor and against Plaintiff, Amy Kibe, with costs assessed to Plaintiff. CROSSCLAIM CUMBERLAND GOLF CLUB. INC. V. TERI S. FROMBAUGH AND LAURIE JO DEBARR 52. The answers contained in paragraphs I through 51 inclusive hereof, are incorporated by reference herein as if set forth in their entirety. 53. Paragraphs 16 through 36 of Plaintiffs Complaint are incorporated by reference herein as if set forth in their entirety, without admission or adoption. 54. Cumberland avers that Defendants, Teri S. Frombaugh and Laurie Jo Debarr, are solely liable to Plaintiff on her cause of action. Alternatively, if it determined that Cumberland 7 '. ~,,~ . " , C,..,' ,'." ~ " ,,'~ ";(,'cl.;.........;l,_: ..;,~~, "' '~.;"Iffi1ft ' is liable to Plaintiff, with said liability being specifically denied, then Ms. Prombaugh and Ms. Debarr are jointly and severally liable with Cumberland on Plaintiffs cause of action, and/or Ms. Prombaugh and Ms. Debarr are liable over to Cumberland by way of contribution; WHEREPORE, to the extent that Plaintiff, Amy Kibe, is entitled to recover on her Complaint against Cumberland, which is expressly denied, then Cumberland demands judgment against Defendants, Teri S. Prombaugh and Laurie Jo Debarr, on the basis that they are solely liable to Plaintiff on her cause of action, liable over to Cumberland by way of contribution, and/or jointly and severally liable with Cumberland on Plaintiffs cause of action, with any liability on the part of Cumberland being expressly denied. DATE: &?( ~ 2 EDELSTEIN By: B Kronthal, Esquire Attorney No. 55672 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 8 ,'. "" , .1.... ~ ,,'J.- ,~' , , , CERTIFICATE OF SERVICE I, Carol Moose, an authorized representative of Margolis Edelstein, hereby certify that I served a true and correct copy of the Answer with New Matter and Crossclaim with reference to the foregoing action by first class mail, postage prepaid, this 4 day Of~, 2002, on the following: John Rightmyer, Esquire Mychak Geckle & Welker, P.c. 230 South Broad Street Eleventh Floor Philadelphia, PA 19102 Jefferson 1. Shipman, Esquire 320 Market Street Harrisburg, P A 17108 Brian Zulli, Esquire 2411 North Front Street Harrisburg, PAl 711 0 Olli~ Carol Moose D:\l Selective Insurance\38S00A-00030\Pleads\Answer with New Matter.8-6-01.wpd 9 """ "","""'" ,),,<-.,- ',' :-"'"~"",;;;':' ,,~ ,- "~"';""': ",,'"' o,c,..",,:,>,;.,~,; . :,,-,. """ "",q:,~" ' .. ',", -- -"",P'-,,,, "~'-'\'(c.:~, <"~''';''' -~>'';':'i'--;'; . . , . VERIFICATION I, Joe Mowery, state that I have read the foregoing Answer with New Matter and Crossclaim and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S.A. S 4904, relating to unsworn falsification to authorities. Date: ~/ Lj / D l... ~tt~ .I Mowery' oii;hjtiij;jl',M~:':': :',' ~~~~;W~' "', "k'""~~ii;~if~~~!fi9~Jtti"~iiliidllla"&i~' -';Ai J~;t,{;,; !Jt;~);-.~~~i~JjL ,--L:4J!ttJl~JI:!',,~'r, ,;>" ~,:::.--,-,,:-1-., ,,",~~) \.~."JL;: ,""-",~,"'<,,~,'<"e","'---?,, _, ""'''",',<~'. ,C_'""'_' -, , < lItl!_W 'l'"""',""~~- "C",' m" Z .~ L, (f~ " ~+j ~~--\ ...:- ''', i~~ --'1 --:;, Q '--" '...,- ",'; :;;.... ~_ 'A',' "- . , ,"',) ~__i --,~ ~--:::.:; --h ~':. ~ \.. ;(1'1 -~ -"'.,': 'S:J -< (,->-.1 :....) .-J !S " ' --," ,',V", .~,-'. "",,,,,,,, ; ~'C-"~ ,,,C,"'", "' ;-,' .-. ,<'\ -' ", k ", "-",,' ~. .-~ 'cA-'-',"o";"-- " -. ---._,: ,- .ii';';""~"'..I~.' " "",j;-~,',-_". ",0/':" '_'~'"",~,,,,,,,~,,t;'U~l,,",""";~>,;;<' ,'w' ;'M,,' '.. -- , GOLDBERG, KATZMAN & SHIPMAN, P.C. Jefferson J. Shipman, Esquire ID#: 51785 PO Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Fax: (717) 234-6810 Attorney for Defendant, Frombaugh AMY KIBE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3599 CIVIL TERM CUMBERLAND GOLF CLUB, INC., TERI S. rROMBAUGH, and LAURIE JO DEBARR, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER OF DEFENDANT. TERI S. FROMBAUGH, TO CROSSCLAIM OF DEFENDANT, CUMBERLAND GOLF CLUB, INC. AND NOW, comes the Defendant, Teri S. Frombaugh, by and through her counsel, Goldberg, Katzman & Shipman, P.C., and files the following Answer to Crossclaim of Defendant, Cumberland Golf Club, Inc.: 52. The answering Defendant, Teri Frombaugh, incorporates herein by reference her Answer to the Complaint as though fully set forth herein at length. 53. The answering Defendant Teri, Frombaugh, incorporates herein by reference her Answer to the Complaint as though fully set forth herein at length. , ,- ~ " >~ ,,' ~ ,>~ ".~-.- ""~I'__'~"~'_~"",'O'~" _h.,"""=,, -<',...". ,,' ,~ . "~":~:;' <' 54. Denied. The averments contained in Paragraph 54 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. WHEREFORE, the Defendant, Teri S. Frombaugh respectfully requests that judgment be entered in her favor. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. efferson J., Shipman, Esquire I.D. #: 51785 P.O, Box 2361 Harrisburg, PA 17108-1268 Attorneys for Defendant, Teri S. Frombaugh 65400.4 2 -",'" '. ,"',,,,,,~. .,,"' ,'on. '", "_',," .'---, ,'~"i", .~. _' '~'_ ~'~'~" " . c",,t;', ~'~'. C '. :_,"-;;~ ~;"'.,,~,,~ uf',.", &.;~i;;;'+;;";"r -.~;;;~i&~.t.do:,~~'Y' ,. '''''',"k~,'''''",,,,.,,~~,,,,-~,__,' "~." ,..;. '~~!';l:;i;: , VERIFICATION PURSUANT TO PA. R.C.P. NO. l024(c) Jefferson J. Shipman, Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. c.S. ~4904, relating to unsworn falsification to authorities. DATE: 58441.1 W'O_'"' ^'h'~"O"" "'-<'""",,,- '. -'.,,', ",,"" ".~,"""",~;&;-,,~,~~=,,, ,-' '~'"""I''''';'''' ~,,,,,,,,. -~',~ "' '-'" -"\;~..~",__o'_ "~.' "'cy". - ;'" ,~, " t'!,> 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 July, 2002, addressed to the following: John Rightmyer, Esquire Mychak Geckle & Welker, P.C. 230 South Broad Street Eleventh Floor Philadelphia, PA 19102 Brian Zulli, Esquire 2411 North Front Street Harrisburg, PA 17110 Barry A. Kronthal, Esquire Margolis Edelstein P.O. Box 932 HarriSburg, PA 17108-0932 GOLDBERG, KATZMAN & SHIPMAN, P.C. . Jefferson J. Shipman, P.O. Box 1268 Harrisburg, PA 17108 Attorneys for Defendant, Teri S. Frombaugh Telephone: (717) 234-4261 81704.1 i '''''"-,'",,''/ltflj.i,,~,:;';;;-l;~;id, c~~.;;' ~~':~II~i"",,~vl'~""cl'Jljlj-;-iiCl' 0;",;;:" ,L),l;~ :11. i]f . r"o .. ..., If\.. t. \\ f'--',I~, >,," ,.",....'V'......J,.}.",j 'J' ~ ~ ,"......},,,, \ " ,,'~ ~- ,'~ "'; ,~ --',~', '" ,.',- :~~~~~~ ~ _,'M ",~ "~"--,,, --.,,, o ~,~ -0L~: r+rifu ~~~~ ' Co::: l.~; ~~~~) >'2~ z -.=j -'-. u, r \1) :....l =< jj -"'''. - .,- w "." '"-"-~ _ '_. ,', ~ '-.=, ~., "<<I"'" ~,''''",k''.c~,",''''''''--'''.~'--_'"~"'''',''''',",")", ~ ,. . '. AMY KIBE, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3599 CUMBERLAND GOLF CLUB, INC., TERI S, FROMBAUGH and LAURIE JO DEBARR, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Laurie Jo DeBarr, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER, P.C. Date:~ By: llLLC~lCL~ Michael S. Ferguson, Esquire Attorney I.D. No. 83882 2411 North Front St. Harrisburg, PA 17110 (717) 232-9900 ,-t- "" "',-,'...,~""'~ ." '~',.' '. ..' .'"". ",-,-"."'~'""" .--- J', --, - ". ",,' ''',.. ^' "--'-h"-c~",>~:;',)xl"'-',:;,:,,, k ,-' -G.<:,-if' .';,' "-~<"O'j"",,,,',"i;';"'Y:'-'<\>"l """'''''..~':i' 1'-' CERTIFICATE OF SERVICE AND NOW, this lOth day of January 2003, I hereby certify that I have served the foregoing Praecipe for Entry of Appearance on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: John Rightmyer, Esquire MYCHAK GECKLE & WELKER, P.C. 230 South Broad Street - 11th Floor Philadelphia, PA 19102 Barry A. Kronthal, Esquire MARGOLIS EDELSTEIN 3510 Trindle Rd. CampHiII,PA 17011 Jefferson J. Shipman, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320-E Market St. Harrisburg, PA 17101 t;~~ Eileen S. Smith, Secretary ,_ '''....'''~'O,-'", ",I.., 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. . ~~~~~~~..---.~.__.._~~~~~~__...._.n.~_~__~_~~_~.._._._..._~......~~~_...__~..._.._~_~~~~~~_...__~~~~.......~_"'__'._.h~.~~.~_.____..._~_~.~ ,. CAPTION OF CASE (entire caption must be stated in full) (check one) Assumpsit lex) Trespass ) Trespass (Motor Vehicle) AMY KIBE (other) (Plaintiff) vs. The trial list will be called on February 11, 200 CUMBERLAND GOLF CLUB, INC., TEn S. FROMBAUGH and LAURIE JO DEllARi, and Trials commence on Karch 10, 2003 (Defendant) Pretrials will be held on February 19, 2003 (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.) vs. No. 01-3599 Civil 19_ Indicate the attorney who will try case for the party who files this praecipe: Jefferson J. Shipman, EsG Attorney for Defendant, Teri S_ Frombaugh Indicate trial counsel for other parties if known: John Rightmyer, Esq., for the Plaintiff Barry A_ Krmlthal, Esqq!re, for the Defendant, Cumberland Golf Club; and Michael S. Ferguson, ESlto,:1re, for Defendant, Debarr This case is ready for trial. Signed:~~/ Print Name: ..Je.{,{~~~, .:511'(1(.+11/)) Attorney for: I~~/_B~ Date: .ljd 1103 - MYCHAK GECKLE & WELKER, P.C. By: John Rightmyer, Esquire Identification No.: 73199 230 South Broad Street Eleventh Floor Philadelphia, PA 19102 (215) 735-3326 Attorney for Plaintiff AMY KIBE COURT OF COMMON PLEAS CUMBERLAND COUNTY v. CUMBERLAND GOLF CLUB, INC. and TERI S. FROMBAUGH and LAURIE JO DEBARR NO.: 01 - 3 5 9 9 ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter Settled, Discontinued and Ended upon payment of your costs only. MYCHAK GECKLE & WELKER, P.C. GHTMYER, ESQUIRE orney for Plaintiff II ~~~'!:ii~"""'lJ"W'~mtls~~~~~J_iimt!;M~;!fuw-",T,;";;f'M~i~;YJ'@~~iWitMOi.%';~c ~> :~:,~tl~';'&~7:~.~_,,,.11JJj;A n II IlIllL_ J IT ~~, <''''':'1^,,,.,_WJ'''''.'''~~..,~f'''' ~,~"y,,~"''''''~,,-'_",'<'h''''' "'~ .,. "<, .. ~ ' ...;.' ""l:i(JM~" ~ I" '1 (") 0 c-:) c w "Tl :;;:: c_ -VCL' ):;u fTlrn -',,,," Z::c' ~ ze 1'.' c..~::1?_' ,.0 -<:L'; "",-:'\..-::> r<c.' "'v .,.~ ~c r ~ ~ C) o=-'~C) ;'\.) ~,n )>c: Z ;.....,J :2 :JJ - -< II