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HomeMy WebLinkAbout01-04744 ANGELA DIANNE ZIlI~IMERMAN, PLAINTTIFF, v. DONALD E. DONOVAN and JUDY K. DONOVAN, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2001- y 7 yy CIVIL TERM CIVII. ACTION -LAW PRAECD?E FOR A WRIT OF SUMMONS TO CURTIS R LONG, PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff and issue a Writ of Summons against the defendants, Donald E. Donovan and Judy K. Donovan. Please duect the Sheriff to serve the defendants as follows: Mr. Donald E. Donovan Ms. Judy K. Donovan 13 Deer Drive Newville, PA 17241 Date: August 1Q, 2001 Respectfully submitted, D2WJN, McKNIGHT & HUG sy: Marcu A. McI ght, III, Esq 60 West Poi t Street, Cazlisle, (717) 249-2353 - reme 17013 No: 25476 To: DONALD E. DONOVAN and JUDY K. DONOVAN You are hereby notified that Angela Dianne Zimmerman, the plaintiff, has commenced an action against you which you are required to defend or a default judgment may be entered against yoP. By: DEPUTY Date• 2001 Cn Cry `~ v _Z ~~ -~,~~~ zu- ~~ ~. -~,~ ~~ ~~; =~ ~, ca rn <~ -~; SHERIFF'S RETURN - REGULAR ~r CASE NO: 2001-04744 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ZIMMERMAN ANGELA DIANNE VS DONOVAN DONALD E ET AL SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon DONOVAN DONALD E the DEFENDANT at 1930:00 HOURS, on the 7th day of September, 2001 at 50 N HIGH ST #1 NEWVILLE, PA 17241 by handing to DONALD DONOVAN a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.80 Affidavit .00 Surcharge 10.00 .00 35.80 So Answers: R. Thomas Kline 09/10/20^~ IRWIN MC Sworn and Subscribed to before By: me Dthis ~,L ~ day of .d~m~~..l u ~ e2lia J A . D . e ~ c~~ ~~,~~.~ I d !ZL ?D a ~n~~ Prothonotary .. CASE NO: 2001-04744 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ZIMMERMAN ANGELA DIANNE VS DONOVAN DONALD E ET AL SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon DONOVAN JUDY K the DEFENDANT at 1930:00 HOURS, on the 7th day of September, 2001 at 50 N. HIGH ST #1 NEWVILLE, PA 17241 by handing to DONALD DONOVAN HUSBAND a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this"~ /.2 ~" day of .~/iy~i.",y,~, moo/ A.D. -~ rothonotary ~r So Answers: ~~~~ R. Thomas Kline 77 09/10/2001 IRWIN MCKNIGHT & HUGH S By: u y heriff -~~.. O1HB-00132 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 ANGELA DIANNE Zrnrn~RN1AN, PLAINTIFN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. DONALD E. DONOVAN AND JUDY K. DONOVAN, DEFENDANTS No. 2001-4744 CIVIL ACTION - LAw BURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendants, Donald E. Donovan and Judy K. Donovan. Respectfully submitted, LAW OFFICE F JACOBS & S A ~~ . ~~ ,f' ~~ ~ ~~ /"" - By: ~, _/ Donald R. Dorer, Esquire Attorney for Defendants Identification No. 39126 Date: October 2. 2001 O1HB-00132 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants ANGELA DIANNE Zrnm~RivrAN, PLAIIVTIFF IN THE COURT OF COMMON PLEA5 CUMBERLAND COUNTY, PENNSYLVANIA VS. DONALD E. DoNOVAN AND JUDY K. DoNOVAN, DEFENDANTS No. 2001-4744 CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Entry of Appearance to be served by regular first class mail upon: Marcus A. McKnight, III Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Date: October 2.2001 ~, ~/` Dd"nald R. Dorer, Esquu Attorney for Defendants ^-'i~91N~~~ ~, -- r_= - ,_ ~„ r. t`; -= O1HB-00132 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 ANGELA DIANNE ZIMMF+RMAlvy PLAIlV TIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. DONALD E. DONOVAN AND JUDY K. DONOVAN, DEFENDANTS No. 2001-4744 CIVIL ACTION -LAW BURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a RULE upon plaintiff to file a the entry of a Judgment of Non Pros. Date: October 2. 2001 20 days ~e'reof or suffer DcStiald R. Dorer, F.squ'v Attorney for Defendants RULE TO ]WILE COMPLAINT AND NOW, this day of ~n , 2001 a RULE is hereby entered upon the Plaintiff to file a Complaint herein within 20 days after service hereof or suffer the entry of a Judgment of Non Pros. PROTHONOTARY O1HB-00132 u=~ , LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants ANtiELA DIANNE Zrn-n~xMAN, PLAINTIFF vs. DONALD E. DONOVAN AND JUDY K. DONOVAN, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANLI No. 2001-4744 Civ1L ACTION - LAw JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Praecipe for Rule to File Com lp aint to be served by regular first class mail upon: Marcus A McKnight, III Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 i I ,1 /j. Donald R. Dorer, Esquire Attorney for Defendants f C°. l :f? 7 -^ _ ` 1.~_ _i :-~,-- _ .. t "~. (._ ~ , !3 ,__. -. _ RRgPBd!¢?p~4lMAPS9M+e~B^e"-. a. ,r»~ 4 •,r_t` ~nvs ~3~1%R "Tt'-3 RNa iz~FNAtl'~F'aLH4lNW3/r3w"FAP4['£I~la9k" ANGELA DIANNE ZIMMERMAN, Plaintiff v. DONALD E. DONOVAN and JUDY K. DONOVAN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2001-4744 CIVIL TERM JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20} days after this complaint, order and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment maybe entered against you by the court without further money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717)249-3166 1-800-990-9108 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ANGELA DIANNE ZIMMERMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. 2001-4744 CIVIL TERM DONALD E. DONOVAN and NRY TRIAL DEMANDED NDY K. DONOVAN, Defendants COMPLAINT AND NOW, this 29th day of October 2001 come the plaintiff, Angela Dianne Zimmerman, by and through her attorneys, Irwin, McKnight & Hughes, and makes the following Complaint against the defendants, Donald E. Donovan and Judy K. Donovan: 1. The plaintiff is Angela Dianne Zimmerman who is an adult individual residing at 15 Etter Road, Newburg, Carlisle, Pennsylvania 17240. 2. The defendants, Donald E. Donovan and Judy K. Donovan, are adult individuals residing at 13 Deer Drive, Newville, Pennsylvania 17241. 3. On August 26, 1999, the Plaintiff was travelling north on Pa Route 233 at approximately 5:30 a.m. in Penn Township, Cumberland County, Pennsylvania. 4. The Plaintiff signaled a right hand turn into the parking area at the Penn Township Building. 2 5. The Defendant, Donald E. Donovan, was travelling directly behind the Plaintiff, driving a Chevrolet pickup truck. 6. Without warning, the Defendant struck the rear of the Plaintiffs 1990 Ford Probe automobile which caused the Plaintiff s vehicle to swerve. The Defendant's vehicle then struck the rear passenger door of the Plaintiffs vehicle. The Plaintiffs vehicle came to rest off the highway facing in a southerly direction. 7. 'T'he multiple impacts of the collision caused by the Defendant's vehicle severely damaged the Plaintiffs automobile and caused the Plaintiff to sustain multiple physical injuries. 8. The impact of the multiple collisions caused serious and permanent injuries to the Plaintiff, Angela Zimmerman. They included injuries to her neck, head, jaw, back, arms, and legs. 9. The defendant, Donald E. Donovan, was the proximate cause of the accident and injuries sustained by the plaintiff. 10. The accident and injuries sustained by plaintiff was caused by the negligent, careless and reckless actions of the defendant, Donald E. Donovan. 11. The defendant, Donald E. Donovan, was acting as agent for the defendant, Judy K. Donovan, and he is therefore responsible for the damages sustained by the plaintiff. 12. Defendant's conduct was negligent, careless and reckless and with disregard and indifference to the rights and well being of others and the plaintiff in that she was: a. traveling too fast for conditions; b. was unable to control his vehicle while driving on a state highway; c. Failure to pay attention to the traffic in front of him and failure to pay attention to the plaintiffs vehicle which was turning right directly in front of him; d. Following too closely to the vehicle of the plaintiff and unable to avoid the collision; e. Failure to warn the plaintiff of the collision by sounding his horn; £ Operating his vehicle in a careless manner and with reckless indifference to the risk to the plaintiff; g. Failure to adequately control his vehicle; h. Failure to properly apply his brakes in order to avoid striking plaintiffs vehicle; and Failure to bring his vehicle to a safe stop. 4 13. The negligent actions of the defendant, Donald E. Donovan, are the proximate cause of the injuries to the plaintiff, Angela Dianne Zimmerman. 14. The plaintiff, Angela Dianne Zimmerman, lost wages due to the injuries he sustained in the accident. 15. The plaintiff, Angela Dianne Zimmerman, seeks compensation for the pain and suffering, emotional distress, embarrassment and loss of life's pleasures since the date of the accident as well as compensation for future losses she will incur in these areas. 16. The plaintiff, Angela Dianne Zimmerman, seeks compensation for the medical expenses which he has occurred and may incur in the future to treat his injuries. 17. The plaintiff, Angela Dianne Zimmerman, seeks compensation for the permanent injuries which he has sustained. WHEREFORE, the plaintiff, Angela Dianne Zimmerman, requests compensation and damages from the defendants, Donald E. Donovan and Judy K. Donovan, in the amount in excess of Twenty-Five Thousand and no/100 ($25,000.00) Dollars with interest as permitted by law and the costs of this litigation. Respectfully submitted, IRWIN, MCKNIGHT & HUGHES By: Marcu"s A. McI{n' t, III, Esquire 60 West Pomfret Stre Carlisle, Pennsylvania 17013 (717)249-2353 Supreme Court I.D. No. 25476 Attorney for plaintiff Date: 6 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. ZIMMERMAN Dater € C /J.~~ ANGELA DIANNE ZIMMERMAN, Plaintiff v. DONALD E. DONOVAN and JUDY K. DONOVAN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2001-4744 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Complaint was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Donald R. Dorer, Esq. JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 IRWIN, McKNIGHT & By: Marcus A. Mc fight, I, Esquire 60 West Pomfret Carlisle, PA 17013 (717)249-2353 Supreme Court I.D. No. 25476 Date: October 29, 2001 (7 ~ ~_7 ~ __ __ -~. '= '7 ` ~ - CJI - - Ia ' 1 ' ~~~ _ ~~_~% . _ 7~ - ~ . ft { f- <+n O1HB-00132 t LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 . Camp Hill, PA 17011 Telephone Number: (717) 731-0988 ANGELA DIANNE ZrnrnIERbIAN, PLAINTIFF vs. DONALD E. DONOVAN AND JUDY K. DONOVAN, DEFENDANTS IN TIIE COURT ®F COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No, 2001-4744 CIVIL ACTION -LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANTS, DONALD E. DONOVAN AND JUDY K DONOVAN, TO PLAINTIFF'S COMPLAINT 1. Admitted. 2. Admitted. 3. Admitted. 4.- 17. Denied. These paragraphs are generally denied pursuant to Pa.R.C.P. §1029(e), WHEREFORE, the Defendants respectfully pray this Honorable Court to disnuss Plaintiff's Complaint, and to enter judgment against the Plaintiff and in favor of the Defendants. NEW MATTER 18. Paragraphs 1 through 17 are incorporated herein by reference, and made a part hereof as if set forth in full. 19. Plaintiff's claims are barred in whole or in part by the provisions of the Pennsylvania No-Fault Motor Vehicle Insurance Act and/or the Pennsylvania Motor Vehicle Financial Responsibility Law. WI~REFORE, the Defendants respectfully pray tlris Honorable Court to clismiss Plaintiff°s Complaint, and to enter judgement against the Plaintiff and in favor of the Defendants. Respectfially submitted, LAw By: Date: November 13, 2001 ,.~aw~: Attorney for Defendants Identification No. 39126 O1IIB-00132 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants ANGELA DIANNE ZIMME1tMAN, PLAIIVTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. DONALD E. DONOVAN Arm JUDY K. DONOVAN, DEFENDANTS No. 2001-4744 CIVIL ACTION -LAW .TURY TRIAL DEMANDED VE1dIFICATIQN We, Donald B. Donovan and Judy K. Donovan ,verify that the statements made in the foregoinf Answer with New Matter of Defendants. Donald B. Donovan and Judy K. Donovan. tU Plaintiff s ComAlaint ,which are within the personal lalowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. We understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and we leave the determination of these matters to my attorneys on their advice. We understand that all statements herein are made subject to the penalties of 18 Pa.C.S,LA,. §4904, relating to unsworn falsificatio to authorities. Dated: ;nrUl/' (4 ~ Z oo( Donald &. Donovan Dated: ~du ~O , ~ 00 / Q K. onovan O1HB-00132 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 ANGELA DIANNE ZIlI~IERMANg PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENN5YLVANLI VS. DONALD E. DONOVAN AND JUDY K. DoNOVAN, DEFENDANTS No, 2001-4744 CIVIL ACTION-LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. borer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Answer with New Matter of Defendants. Donald E. Donovan and Judy K. Donovan, to Plaintiff's Com lp aint to be served by regular first class mail upon: Marcus A. McKnight, III Irvin, McKnight & PIughes 60 West Pomfret Street Carlisle, PA a 7m a Date: November 13. 2001 Donald R. borer, Esquire Attorney for Defendants ~3 ~._ ~J ~[ Z r !.r ~C} _ _- -~ S '+ i ~. C y e ~ L ~ V~ - CJ3 -.. .. ,. ... ..tea-~~?~~Y - ~F3st~~+~e .. ~..-, _.R.r.:{1' r~F`4=$#~%}.., . O1Hr3-00132 LAW OFFICES OF JACOBS & SARA 214 Senate Avenuc, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 ANGELA DIAIVNE ZIMMERMAN' PLAINTIFF ~~~ ~ ~ zoos ~ IPT TIIE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENN5YLVANLI VS. DONALD E. DONOVAN AND JUDY K DONOVAN~ DEFENDANTS NO.2001-4744 CIYII. ACTION -LAW JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this ~ day of v G 2002, upon consideration of the within Petition of Defendants to Compel Answers to Interrogatories and Request for Production ofDocuments Addressed to the Plaintiff, a Rule is hereby issued upon the Plaintiffto show cause, if any she may have, as to why the relief requested in said Petition should not be granted,.witlrthe Pl e am Rule Returnable within twenty (20) days upon service hereof. ~ ~ -~o ~~ _~®re~ -~,~~- ~: ~. BY THE COURT: P 1 ~-tom tl . ~~ ~ _ _._ Oll'yB-00132 ,' LAW OFFICES OF JACOBS a& SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Deffendants ANGELA DIANNE ZIMMERMAN, PLAINTIFF VS. DONALD E. DONOVAN AND JUDY K DONOVAN, DEFENDANTS ." r IN TI3E COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N®.2001-4744 CIVIL ACTION -LAW JURY TRIAL DEMANDED PETITION OF DEFENDANTS TO COMPEL ANSWERS TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO THE PLAINTIFF AND NOW, comes the Defendants, Donald E. Donovan and Judy K. Donovan, who through their counsel Donald R. Dorer, Esquire, Jacobs & Saba, Camp Hill, Pennsylvania, respectfully state as follows: 1. The above referenced mattes was commenced by the filing of a Writ of Summons on or about August 10, 2001, with a true and correct copy of same being attached hereto as Exhibit "A°° 2. Thereafter, a Complaint was filed on behalf of the Plaintiff on or about October 29, 2001, with a true and correct copy of same being attached hereto as Exhibit "B". The Defendants, Donald E. Donovan and Judy K. Donovan, £Iled Answer with New Matter of Defendants, Donald E. Donovan and Judy K. Donovan, to Plaintiffs Complaint on or about ,~ t 2 November 14, 2001, with a true and correct copy of same being attached hereto as Exhibit ,.C,. 3. The Defendants served Interrogatories and Request for Production of Documents Addressed to the Plaintiff under cover of a letter dated October 2, 2001 by counsel for the Defendants to counsel for the Plaintiff. A true and correct copy of the letter of October 2, 2001, and the enclosed Interrogatories and Request for Production of Documents Addressed to the Plaintiff, are attached hereto as Exhibit °'D". 4. By letter dated December 13, 2001, counsel for the Defendants inquired of counsel for the Plaintiff as to when responses to the Interrogatories and Request for Production of Documents served on or about October 2, 2001 may be expected, with a true and correct copy of the letter of December 13, 2001 being attached hereto as Exhibit "E". 5. By letter dated December 19, 2001, counsel for the Plaintiff indicated that he would be meeting with his client and "...I believe she will be able to complete the Interrogatories in January 2002." A true and correct copy of the letter dated December 19, 2001 is attached hereto as Exhibit "F" 6. The Interrogatories and Request for Production of Documents served upon the Plaintiff, and previously attached as Exhibit °'D°°, aze routine and appropriate written discovery requests in a case involving a claun for personal injury allegedly arising out of a motor vehicle collision. 7. To date, the Plaintiff has failed to serve any responses to the Interrogatories and Request for Production of Documents Addressed to the Plaintiff, previously attached hereto as Exhibit "D", nor have any objections been lodged by the Plaintiff, or her counsel, with regazd to the aforesaid discovery requests. Y 8. The failure of the Plaintiff to provide full and complete responses to the Interrogatories and Request for Production of Documents Addressed to the Plaintiff, previously attached hereto as Exhibit °'D°°, is hindering and prejudicing the ability of the Defendants to evaluate the merits of the claian of the Plaintiff with regard to either settlement opportunities, or for expeditious trial preparation. WHEREFORE, this Honorable Court is respectfully requested to issue a Rule upon the Plaintiff to show cause, if any she may have, as to why the Plaintiff should not be ordered and compelled to provide full and complete responses to the Interrogatories and Request for Production of Documents, previously attached hereto as Exhibit "D", within thirty (30) days hereof, and to grant such other and further relief as may appear just to the Court under the circumstances. Respectfully submitted, Date: March 18 2002 Donald R. Dorer, Esquire Attorney for Defendants Identification No. 39126 ®9/17/2001 14:50 7175327.151 ,W (:£7,.1 D1.1NNE ZIMy[YRNLLN P LAl1~7TiFP, nnYat.i) F. nnNOVax end .IUDY K. DOtYO~'AN, DEFENDANTS iN THE (`lIf.AT r1F ('f1MM(1N Df Fa.C (1F CVh[HERL AND COUtVT~',/PEriN9TLh'ANi.a N(~.2001 ~~~yt-{ CIVIL TERM Cia'1L ACTION -Law PR4ECIPE FOR a WRIT OF SUiv~ht~Ns TO CURTIS R. LONG, PROTHONOTARY: Piesse enter my appearance on behalf of the Plaintiff and issue a R'rit of Summons against the defendans. Donald E. Donovan and ludv K. I)ono~~an. Pteasc doter the Sltenft to serve the defendants as follows. Mr. Donald E. Donovan Ms. Judy K. Donovan 13 Deer Drive ;Yewvitle, PA I7241 Respectfully submitted. TRWIN, McIGYIGHT cQc HU Bv: ,^ Marco A. ?~1cK~h[, III, Esq re 60 Wcst Pom& t Street, Carlyle, 1701) Date: Augur[ tD, 2001 (717) 249-2353 - came D. No: 25a76 To: DONALD E. DONOVAN and JUD1' K. DONOYAN You arc hereby notified that Angela Dianne Zimmerman, the plaintiff, has commenced an action against you which you are required to defend or a default judgmeftt~may be entered against you. ~ ° . ~Y= 1 Date 2001 PROT1iO~F1,bTr~lS' [ DEPUTY ANGELA DIANNE ZIMMERMAN, Plaintiff v. DONALD E. DONOVAN and JUDY K. DONOVAN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2001-4744 CIVIL TERM JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint, order and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment maybe entered against you by the court without further money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible Facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 2~~1 ~~ -: "; x~t°i try, i -~e tutkl eei rtsy i+~ ;-~9 iixa d ~d Caur4 ~ , f~. I lei~~~ r,g c'~~-- ~ i ~rtlrn~rs~+trtry ,. ANGELA DIANNE ZIMMERMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. 2001-4744 CIVIL TERM DONALD E. DONOVAN and JURY TRIAL DEMANDED JUDY K. DONOVAN, Defendants COMPLAINT AND NOW, this 29th day of October 2001 come the plaintiff, Angela Dianna Zimmerman, by and through her attorneys, Irwin, McKnight & Hughes, and makes the following Complaint against the defendants, Donald E. Donovan and Judy K. Donovan: 1. The plaintiff is Angela Dianne Zimmerman who is an adult individual residing at 15 Etter Road, Newburg, Carlisle, Pennsylvania 17240. 2. The defendants, Donald E. Donovan and Judy K. Donovan, aze adult individuals residing at 13 Deer Drive, Newville, Pennsylvania 17241. _ 3. On August 26, 1999, the Plaintiff was travelling north on Pa Route 233 at approximately 5:30 a.m. in Penn Township, Cumberland County, Pennsylvania. 4. The Plaintiff signaled a right hand turn into the parking azea at the Penn Township Building. 2 j, ,~ - 5 j The Defendant, Donald E. Donovan, was travelling directly behind the Plaintiff, driving a Chevrolet pickup truck. 6. Without warning, the Defendant struck the rear of the Plaintiffs 1990 Ford Probe automobile which caused the Plaintiffs vehicle to swerve. The Defendant's vehicle then struck the rear passenger door of the Plaintiffs vehicle. The Plaintiffs vehicle came to rest off the highway facing in a southerly direction. 7. The multiple impacts of the collision caused by the Defendant's vehicle severely damaged the Plaintiffs automobile and caused the Plaintiff to sustain multiple physical injuries. 8. The impact of the multiple collisions caused serious and permanent injuries to the Plaintiff, Angela Zimmerman. They included injuries to her neck, head, jaw, back, arms, and legs. 9. The defendant, Donald E. Donovan, was the proximate cause of the accident and injuries sustained by the plaintiff. 3 lo. The accident and injuries sustained by plaintiff was caused by the negligent, careless and reckless actions of the defendant, Donald E. Donovan. I1. The defendant, Donald E. Donovan, was acting as agent for the defendant, Judy K. Donovan, and he is therefore responsible for the damages sustained by the plaintiff. 12. Defendant's conduct was negligent, careless and reckless and with disregard and indifference to the rights and well being of others and the plaintiff in that she was: a. traveling too fast for conditions; b. was unable to control his vehicle while driving on a state highway; c. Failure to pay attention to the traffic in front of him and failure to pay attention to the plaintiff s vehicle which was turning right duectly in front of him; d. Following too closely to the vehicle of the plaintiff and unable to avoid the collision; e. Failure to warn the plaintiff of the collision by sounding his horn; £ Operating his vehicle in a careless manner and with reckless indifference to the risk to the plaintiff; g. Failure to adequately control his vehicle; h. Failure to properly apply his brakes in order to avoid striking plaintiffs vehicle; and Failure to bring his vehicle to a safe stop. .; c._ 4 13. The negligent actions of the defendant, Donald E. Donovan, are the proximate cause of the injuries to the plaintiff, Angela Dianne Zimmerman. 14. The plaintiff, Angela Dianne Zimmerman, lost wages due to the injuries he sustained in the accident. 15. The plaintiff, Angela Dianne Zimmerman, seeks compensation for the pain and suffering, emotional distress, embarrassmenY'and loss of life's pleasures since the date of the accident as well as compensation for future losses she will incur in these areas. 16. The plaintiff, Angela Dianne Zimmerman, seeks compensation for the medical expenses which he has occurred and may incur in the future to treat his injuries. 17. The plaintiff, Angela Dianne Zimmerman, seeks compensation for the permanent injuries which he has sustained. 5 WHEREFORE, the plaintiff, Angela Dianne Zimmerman, requests compensation and damages from the defendants, Donald E. Donovan and Judy K. Donovan, in the amount in excess of Twenty-Five Thousand and no/100 ($25,000.00) Dollars with interest as permitted by law and the costs of this litigation. By: Date: ~~ ~ ~ 079 a0O ~ Respectfully submitted, IRWIN, Marcus .1VIc t, III, Es 60 West omfret treet Carlisle, Pennsyl 7013 (717) 249-2353 Supreme Court I.D. No. 25476 Attorney for plaintiff 6 Y VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made aze subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Dater I C , U-~-~~ ,, ANGELA DIANNE ZIMMERMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. 2001-4744 CIVIL TERM DONALD E. DONOVAN and JURY TRIAL DEMANDED JUDY K. DONOVAN, Defendants CERTIFICATE OF SERVICE I, Marcus A. McKnight, TII, Esquire, hereby certify that a copy of attached Complaint was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Donald R. Dorer, Esq. JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 IRWIN, By: Marcu~ A. Mc 'ght II, Esquire 60 Wes Pomfret et Carlisle, PA 17013 (717)249-2353 Supreme Court I.D. No. 25476 Date: October 29, 2001 ,i.~_~ ..~rm~.,a~, O.IIIB-00132 LAW OFFICES OF JACOBS & SABA _ _,.219 Senate Avenue, Suite 503 '° Camp Hill, PA 17011 Telephone Number: (717) 731-0988 ANGELA DIANNE ZIl1-IMERMAN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANLI VS. DONALD E. DONOVAN AND JUDY K. DONOVAN, DEFENDANTS N0.2001-4744 CIVII. ACTION -LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANTS, DONALD E. DONOVAN AND JUDY K DONOVAN, TO PLAINTIFF'S COMPLAINT 1. Admitted. 2. Admitted. 3. Admitted. 4.- 17. Denied. These paragraphs aze generally denied pursuant to Pa.R.C.P. §1029(e). WHAREFORE, the Defendants respectfully pray this Honorable Court to dismiss Plaintiff's Complaint, and to enter judgment against the Plaintiff and in favor of the Defendants. NEW MATTER 18. Paragraphs 1 through 17 are incorporated herein by reference, and made a part hereof as if set forth in full. 19. Plaintiff's claims are barred in whole or in part by the provisions of the Pennsylvania No-Fault Motor Vehicle Insurance Act and/or the Pennsylvania Motor Vehicle Financial Responsibility Law. --•°{ WHEREFORE, the Defendants respectfully pray this Honorable Court to dismiss Plaintiff's Complaint, and to enter judgment against the Plaintiff and in favor of the Defendants. Respectfully submitted, ;~ LAW OFfiIG~S OF IA Ey: i Date: November 13. 2001 Attorney for Defendants Identification No. 39126 OIHB-00132 LAW OFFICES OF JACOBS & SABA _214 Senate Avenue, Suite 503 ''Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants ANGELA DIANNE ZINTNIERMAN, PLAIINTIFF VS. DONALD E. DONOVAN AND JUDY K. DONOVAN, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-4744 CIVIL ACTION -LAW JURY TRIAL DEMANDED VERIFICATION We, Donald E. Donovan and Judy K. Donovan ,verify that the statements made in the foregoing Answer with New Matter of Defendants. Donald E. Donovan and Judy K. Donovan. to Plaintiff's Comte, which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. We understand that some of these allegations may prove inappropriate after investigation and trial preparation aze complete and we leave the determination of these matters to my attorneys on their advice. e We understand that all statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsificatio to authorities. Dated: ,tlc(UU - ~ ' ,2 00( Donald E. Donovan _ _ Dated: ~OV ~ , ~ 001 Q K. novan N0~ = ~ ~oo~ ~,Yk _ ~~rtm.~.~,~.. OlIIB-00132 LAW OFFICES OF JACOBS & SABA - ~~ 214:.$enate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 ANGELA DIANNE ZrnrnIERMAN, PLAINTIFF IN TBE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. DONALD E. DONOVAN AND JUDY K. DONOVAN, DEFENDANTS N0.2001-4744 CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. borer, Esquire, hereby certifies; that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Answer with New Matter of Defendants. Donald E. Donovan and Judy K. Donovan. to Plaintiff's Com In aint to be served by regulaz first class mail upon: Marcus A. McKnight, III Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17nta Date: November 13, 2001 Donald R. borer, Esquire Attorney for Defendants JA~COBS• & SABA ... ~-(NorAPARrnERSme) 214 SENATE AVENUE SurrE 503 CnnzP HILL, PA 17011 (717)731-0988 DoNALDR DORER " _ Gne:tRD E. RtcxARDS• AT70RNEY3 •CERnFIED CIVIL TRW,ADVOCATE NATIONAL BOARD OF TRUI. ADVOCACY REFERTo: O1HB-00132 October 2, 2001 Marcus A. McKnight, III Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 FAR: (717)731-0987 TDD (800) 622-2421 DENISE E KAVFFhIAN, Lmcnnon PARALecAL Re: Angela Dianne Zimmerman vs. Donald E. Donovan and 7udy K. Donovan Cumberland County: No. 2001-4744 Dear Mr. McKnight, Please be advised that I will be representing the Defendants in the above referenced matter. I enclose a copy of my Entry of Appearance and Praecipe for Rule to File Complaint which I have filed with the Court by mail this date. You may expect to receive the executed Rule to File Complaint by certified mail. Additionally, I enclose Interrogatories and Request for Production of Documents Addressed to the Plaintiff. Kindly provide responses to these discovery requests pursuant to the applicable Rules of Civil Procedure. If you so designate, you need not provide copies of documents previously supplied to Nationwide. Your attention to this matter is most apprepiated. SincgrJely yours, `% Donald R. Dorer DRD:dek Enclosures ,~~ Employees of Nationwide®Mutual Insurance Company BeOilebem • Camp Hill • CanoDSburg • Doylestown • GreeDSburg • Media • NDlristowD • Philadelphia • Watrmdale • Wilkes Bane OIHB-00132 LAW OFFICES OF JACOBS & SABA -- 214 .Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 ANGELA DIANNE ZIMbiERMAN, PLAIlVT'II~'F VS. DONALD E. DONOVAN AND JUDY K. DONOVAN, DEFENDANTS 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-4744 CIVIL ACTION -LAW JURY TRIAL DEMANDED REQUEST FOR PRODUCTION OF DOCUMEN'PS UNDER Pa. R.C.P. 4009 ADDRESSED TO: Plaintiff, Angela Dianne. Zimmerman You are directed to produce the following documents pertaining to the incident, occurrence, or accident described in Plaintiff s Complaint for inspection and copying at the offices of Jacobs & Saba, 214 Senate Avenue, Suite 503., Camp Hill, PA, 17011, pursuant to Pennsylvania Rule of Civil Procedure 4009: 1 The entire contents of any and all claims and investigation files prepared in this matter, however labeled, excluding references to mental impressions, conclusions or opinions representing the value or merit of the claim or defense, or respecting strategies or tactics in privileged communications from counsel. 2. All statements, memoranda, or writings, whether signed or unsigned, of any and all witnesses, including any and all statements, memoranda, and writings of Plaintiff. 3. All photographs, recordings, films, charts, sketches, graphs and diagrams taken and/or prepared. 4. Reports of, or from, any and all experts who will testify at trial, or whom you expect will testify at trial. __. 5. All statements concerning this action or its subject matter previously made by any parry or witness pursuant to Pa. R.C.P. 4003.4. 6. All bills, receipts, reports, diagnosis (including x-ray and like diagnostic reports) or prognosis and records of any and all medical, physical, psychiatric and/or psychological treatmenf by any doctor, hospital, psychologist, and psychiatrist, pharmacy or medical facility for any injury, treatment or damage received by Plaintiff for any of the alleged incidents referred to in Plaintiffs Complaint. 7. All bills of any kind incurred by Plaintiff as a result of the alleged incident, occurrence, or accident. 8. All medical records, employer statements, i3tS W-2 Forms, and Income Tax Returns (for the preceding five (5) years), lost wages and/or employment records and all other writings, including expert reports, establishing any claim Plaintiff may assert for lost earnings and lost earning capacity and for any other fmancial losses. 9. All documents, exhibits, or other tangible physical objects, and/or reports, of any kind whatsoever that will be presented or introduced into evidence at time of trial. Respectfully submitted, LAW O CES O JACOB ~/ABA / ~/ / --- By. ~ n d R. Dorer, Esquire ' Attorney for Defendants Identification No. 39126 Date:_ October 2. 2001 O1HB-00132 LAW OFFICES OF JACOBS & SABA - 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants ANGELA DIANNE ZIMMERMAN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. DONALD E. DONOVAN AND JUDY K. DONOVAN, DEFENDANTS No. 2001-4744 CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certified that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Request for Production of Documents of Defendants Addressed to the Plaintiff to be served by regulaz first class mail upon: Marcus A. McKnight, III Irwin, McKnight & Hughes 60 West Pomfret Street Cazlisle, PA 17013 Date: October 2.2001 ~_ / ~~ ~% - ,~ ~ . ~_._ ;;~_~- ~ - ~Donald R Dorer, Esquire Attorney for Defendants O1fIB-0013 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hi11, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants ANGELA DIANNE ZININIERMAN, PLAINTIFF VS. DONALD E. DONOVAN AND JUDY K. DONOVAN, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-4744 CIVIL ACTION -LAW JURY TRIAL DEMANDED INTERROGATORIES ADDRESSED TO: Plaintiff, Angela Dianne Zimmerman The Defendants propound the following Interrogatories to be answered under oath pursuant to Pa. R.C.P. 4005, 4006 by the Plaintiff within thirty (30) days after service. The foregoing Interrogatories are to be regarded as continuing and you are requested to provide, by way of supplementary answers thereto, such additional information as may hereafter be obtained by you, or any person on your behalf, which will augment or otherwise modify any answers now given to the foregoing Interrogatories pursuant to Pa. R.C.P. 4007.4. Such supplemental responses are to be served upon the Defendants seasonably after receipt of such information. . - ~ ~ ..~ ,~ 1. PERSONAL INFORMATION: PLEASE PROVIDE THE FOLLOWING INFORMATION FOR EACH PLAINTIFF INVOLVED IN THLS e~CTION: (A) FULL NAME AND ANY PRIOR NAMES USID FROM THE TIME OF THE INCIDENT FOR WHICH THIS ACTION IS BROUGHT. (B) CURRENT ADDRESS AND ANY PRIOR ADDRESSES USED FROM THE TIME OF THE INCIDENT FOR WHICH THIS ACTION IS BROUGHT. (C) DATE OF BIItTH. (D) SOCIAL SECURITY NUMBER. Y 2. CuxxEiv'r E~LOYME1vT: FOR EACH PLAINTIFF PLEASE STATE: (A) T CURRENT' PLACE OF EMPLOYMENTS POSITION AND LENGTH OF CURREN'L EMPLOYMENT, AND (B) 1~ PLACE OF EMPLLIYMENT AND POSITION AT THE TIME OF THE INCIDENT, IF DIFFERENT. 3. Iiv.TuxlES: DESCRIBE SEPARATELY EACH INJURY EACH PLAINTIFF SUSTAINID IN THE INCIDENT AND THE APPROXIMATE DATE ON WHICH EACH PLAIlVTIEF RECOVERID FROM EACH SUCH DVJURY. i` 4. HEALTH CARE PROVIDERS: IpENTIFY EACH HEALTH CARE PROVIDER WHO HAS EXAD4II~D, TREATID OR RENDERID SERVICES TO EACH PLAINTIFF BECAUSE OF TffiS INCIDENT, INCLUDING THE DATES OF SUCH SERVICES AND THE CHARGES FOR SAME. 5. MEDICAL EXPENSES AND INSURANCE PAYMENTS: STATE THE TOTAL AMOUNT OF MEDICAL EXPENSES INCURRID BY EACH PLAIIVTTFF THAT RELATES TO THIS INCIDENT, THE AMOUNT COMPENSATID BY FIRST PARTY BENEFITS, THE AMOUNT, ff ANY, SUBJECT TO A LIIIH OF ANY SORT, THE IDENTITY (INCLUDING THE NAME, ADDRESS, AND POLICY NUMBER) OF ANY LIETTHOLDER, AND THE AMOUNT CLAIlI4ED TO BE RECOVERABLE AT TRIAL. 6. TERIVIINATION OF MEDICAL SERVICES: WHEN AND BY WHOM WAS EACH PLAINTIFF LAST EXAMINID OR GIVEN MIDICAL - ATTENTION FOR THE 1NJi7RiFS RECEIVID IN THiS INCIDENT? 7. CONTINUATION OF MEDICAL SERVICES: IF THE PLAINTIFF 1S STILL BEING TREATID FOR THE INJURIES RECEIVID IN THLS INCIDENTS IDENTIFY BY WHOM AND STATE HO W FREQUENTLY SUCH TREATMENTS ARE BEING GIVEN NOW ~ THE NATURE OF THE TREATMENT BEING ADMINLSTERID~ AND THE EXTENT' TO WHICH TREATMENT WILI, BE REQUIRID IN THE FUTURE. 8. PRIOR CONDITIONS: EXPLAIN ALL PRIOR HEALTH PROBLEMS OR IIVJ[IRiFS AND IDENTIFY THE HEALTH CARE -- PROVJbERS WHO TREATED EACH PLAINTIFF FOR THOSE INJURIES IN THE LAST SIX (~ YEARS. 9. F~ivm.Y PIIYSICIAN: PLEASE STATE THE NAME AND ADDRESS OF YOUR FAMILY PHYSICIAN FOR THE LAST FIVE (~ YEARS. .. ~~_ _.e~,~ 10. PRIOR OR SUBSEQUENT ACCIDENTS: IF BEFORE OR AFTER TBE INCIDENT WHICH LS THE SUBJECT OF THIS LAWSUIT, ANY ~. PLADVTIFF WAS IIdVOLVID IN ANY OTHER INCIDENT INVOLVING INJURIES TO ANY PART OF THE BODY, PLEASE STATE THE TYPE OF INCIDENT INVOLVID AND THE HEALTH CARE PROVIDERS WHO RENDERID TREATMENT FOR THOSE IlVJIJRIES. 11. DISABILITY: DOES ANY PLAINTIFF CONTEND THAT HE OR SHE HAS BEEN PERMANENTLY INJ[7RID AS A RESULT OF THiS INCIDENT? IF SO, PLEASE DESCRIBE THE EXACT NATURE OF THE ALLEGID INJURY AND THE IDENTITY OF ANY HEALTH CARE PROVIDER WHO HAS IlVFORMED ANY PLAIIYTIFF THAT THE INJURY LS PIItMANEN'C. ;- 12. Loss of EaRxIIVG5: IS ANY PLAIIVTIFF MAKING A CLAIM FOR LOSS OF EARNINGS OR IMPAIItDZIIV'T OF EARN~TG CAPACITY BECAUSE OF THLS INCIDENT? IF SO, THIN PLEASE PROVIDE THE FOLIO WING IIVFORMATiON OF EACH: (A) EACH EMPLOYER, JOB TITLE AND DESCRIPTION OF DUTIES AS WELL AS MONTHLY OR WEEKLY RATE OF PAY AT THE TIME OF THIS INCIDENT (B) THE INCLUSIVE DATES DURING WffiCH ANY PLAINTIFF ALLEGES HE OR SHE WAS UNABLE TO WORK AS A RESULT OF THIS INCIDENT AND THE TOTAL AMOUNT OF EARNINGS AND PLAIIVTIFF LOST BECAUSE OF THIS ABSINCE~ (C) THE SOURCE AND AMOUNT OF ANY WAGES OR SALARY RECEIVED SINCE THLS INCIDENT AND (D) THE DATE ON WHICH ANY PLABVTII~'F FIRST RETURI~D TO WORK FOLLOWING THE INCIDENT AND EACH EMPLOYER FOR WHOM ANY PLAINITFF HAS WORKID SINCE THE INCIDENT WITH INCLUSIVE DATES OF EMPLOYMENT, EACH JOB TITLE ANY PLAIIVTH'F HAS HELD AND EACH MONTHLY OR WEEKLY RATE OF PAY WH[CH ANY PLAIIVTIFF HAS RECEIVED FROM THE DATE OF STARTING WORK AGAIN AFTER THiS INCIDENT UNTIL THE PRESENT TB~IE. ... 13. IMPAIItED EARNING CAPACITY: IS ANY PLAIlVTTFF HAWING A CLAIM FOR IMPAIRID EARNING CAPACITY BECAUSE OF THLS INCIDENT? IF YES, PLEASE STATE THE ACTUAL VALUE OF ANY PLAINTIFF S IMPAIl2ED EARNING CAPACITY, SETTING OUT THE MANNER IN WffiCH SAID VALUE WAS CALCULATID, AND BY WHOM. 14. STATEMENTS: HAS ANY PLAINTIFF OR ANYONE ACTING ON ANY PLAINTH~F'S BEHALF OBTAINID ANY STATED~IENTS, REPORTS, MEMORANDUM OR TESTIMONY IN ANY FORM FROM ANY PERSON RELATING TO THLS INCIDENT. IF SO, PLEASE IDEN'ITFY FROM WHOM THE STATEMENT WAS TA%I;LV, THE DATE OF THE STATEMENT AND PROVIDE A COPY IN ANSWER TO THIS INTERROGATORY. 15. WITNESSES: IDENTIFY ANY WITNESS WHO HAS ANY ENOR'LEDGE OF OR INFORMATION AS TO THE FACTS PERTAINING TO THIS INCIDENT. ALSO PROVIDE A SUMMARY OF THE INFORMATION " WffiCH EACH WITNESS HAS CONCERNING THLS INCIDENT. 1C. EXPERT WITNESSES: IDENTIFY ALL EXPERTS WHO ANY PLAIlVTTF'F EXPECTS TO CALL AT THE TRIAL OF THIS CASE, AND PURSUANT TO PA R.C.P. 4003.5(A)(i)(B), STATE THE SUBSTANCE OF THE FACTS AND OPINIONS TO WffiCH ANY PLAINTIFF' S EXPERT WILL TESTIFY AND THE SUMMARY OF THE GROUNDS FOR EACH OPINION. THE FACTS, OPINIONS AND GROUNDS OF THE EXPERT MAY BE CONTAIIdED IN AN EXPERT REPORT WHICH MAY BE ATTACHID. SUCH REPORT OR ANSWER TO THIS INTERROGATORY SHOULD BE SIGNID BY ANY PLAINTIFF'S EXPERT. ~'~_ . 17. PHOTOGRAPHS, DOCUMENTS AND THINGS: IF ANY PLAINTIFF, OR ANYONE ACTING ON ANY PLAIIVTIFF~S BEHALF, HAS OR KNOWS - OF_Al~Y PHOTOGRAPHS, DIAGRAMS, MEASUREd1ENTS, SURVEYS OR OTHER DESCRIPTIONS REGARDING OR RELATING IN ANY WAY TO TffiS INCIDENT, PLEASE IDENTIFY THOSE ITEMS. IN LIE[J OF ANSWERING THE FOREGOING INTERROGATORY, COPIES OF ANY SUCH ITEMS MAY BE PROVIDID AS ATTACHMENT TO THESE ANSWERS. 18. RELATED LAWSUITS: PLEASE IDENTIFY BY CAPTION, DOCKET NUMBER AND COURT ANY OTHER LAWSUTfS ARISING FROM THLS INCIDENT OR RELATING TO THE INJURIES CLAIlIIED BY THE PLAINTIFF IN THLS SUIT, OR IN WffiCH ANY PLAINTIFF HAS BEIN IIWOLVID. 19. PLEASE IDENTIFY ANY OTHER CLAIMS FILID OR DEMANDS MADE BY ANY PLAINTIFF AGAINST ANYONE OTHER THAN DEFENDANTS IN TBZS ACTION FOR ANY DAMAGES OR INJURIES ARISING OUT OF OR RELAT TO TffiS INCIDENT. 20. PRIOR CONVICTIONS: HAVE XOU BEEN CONVICTID OR PLED GUILTY TO ANY CRIME WITHIN THE PAST TEN -- (1f~ .YEARS. Ifi SO, PLEASE STATE FOR EACH CONVICTION OR PLEA, THE OFFENSE CHARGED, THE COURT CAPTION AND DOCKET, AND THE DISPOSITION AND SENTENCE. 21. LIENS: WOULb ANY SEITLIII'IE1VT OR VERDICT SECURID BY YOU IN THIS MATTER BE SUBJECT TO ANY FIDERAL LIIEPi, STATE LIEN, FELA LIEN, WORKA1EaT~S COMPENSATION LIEN, OR ANY SIlI~IILAR OR OTHER LIEN? IF SO, IDENTIFY THE HOLDER OF THE LiEri, THE AMOUNT OF THE LIEN, THE COSTS OF EXPENSES COVERID BY THE LIEN, AND THE CIItCUMSTANCE UNDER WffiCH YOU ARE OR MIGHT BE OBLIGATID TO SATLSFY THE LIIN. Respectfully submitted, LAW O. C OF JAC BSS -'~ ~ ~ I/ ~. / By: ~ D®riald R. Dorer, Esquire Attorney for Defendants Identification No. 39126 Date: October 2 2001 OIHB-00132 ' =- LAW OFFICES OF JACOBS & SABA -' 2i4-Senate Avenue, Suite 503 _ Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attdrne 5 for Defendants IN THE COURT OF COMMON PLEAS ANGELA DIANNE ZIMNIERMAN, CUMBERLAND COUNTX, PENNSYLVANIA PLAIlVTTIF'F VS. No. 2001-4744 DONALD E. DONOVAN AND .JUDY K. DONOVAN, ClYll, Acr1oN - LAw DLi Ffi ~~j°j'S JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Interrogatories of Defendants Addressed to the Plaintiff to be served by regular first class mail upon: Marcus A. McKnight, III Irwin, McInight & Hughes 60 West Pomfret Street Carlisle, PA 17013 °- ;, i ,~ % }/' ; / ~/~ Date:_ October 2.2001 ~ ._. Donald R. Dorer, Esquire Attorney for Defendants ~,..m~ ~, ---DoNALD~R DORER -~. Glnnltu $.~RICHARns• ATTOILNEYS •CERTTFIED CMLTRNI. ADVOCATE NATIONAL BOARD OF TRLU. ADVOCACY REFERTo: O1HB-00132 Marcus A. McInight, III, Esquire Irwin, McInight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Ja'~c~ss & SABA (NOTA PARTNERSHIP) 214 SENATE AVENUE SUTTE 503 CAMP HILL, PA 17011 (717)731-0988 FAX: (717)731-0987 TDD (800) 622-221 December 13, 2001 DENISE E KAUFFbL1.Y, LFRGATION PARAI,ecAL Re: Angela Dianne Zimmerman vs. Donald E. Donovan and Judy K. Donovan Cumberland County: No. 2001-4744 Dear Mr. McKnight, I served Interrogatories and Request for Production of Documents directed to Plaintiffs under cover of my letter of October 2, 2001. To date, I have received neither responses, nor objections, concerning these reasonable and appropriate discovery requests. Kindly advise as to when I may expect responses to our discovery requests in this matter so that we may move forward with the completion of this litigation. If I do not receive these responses by the end of January, 2002, I have been instructed to file an appropriate Motion to Compel with the Court. Thank you for your attention and anticipated courtesies. in rely yours nal R. D er DRD:dek Employees of Nationwide® Mutual LuTUance Compan Betldehem • Camp 1671 • Canonsburg • Doylestown • Greensburg • Media • Nomstown • Philadelphia • Wartendale • Wilkes Harte r . . - ~ ,. . ~ ~ Lo4W (YFFICES ~ , • re IRWIN McKNIGHT F~ HUGHES ROGER B. IRWIN MARCUS A. MCKNIGHT, /I/ JAMES D. HUGHES REBECCA R. HUGHES MARK D. ~CHWARTZ DOUGLAS G. MILLER WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYLVAN/A 17013-3222 (717) 249-2353 FAX (7 1 71 249-6354 E-MA/L: IMHGAW@SUPERNET.COM December 19, 2001 Donald R. Dorer, Esquire Jacobs & Saba 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Re: Angela Dianne Zimmerman v. Donald E. Donovan and Judy K. Donovan 2001-4744 Dear Mr. Dorer: HAROLD S. /RWIN (1915-1977) HAROLD S. IRWIN, JR. (/954-7986) IRWIN, fRW(N&/RWLV (1956-/9R6) IRWIN, /RW/N&McKNIGFf! (1986-1994) IRWIN McKMGHT & HUGHES (/994- J Thank you for your letter dated December 13, 2001. I met with my client and I believe she will be able to complete the Interrogatories in January 2002. I will forward them to you as soon as I have them completed. Very truly yours, IRWIN, GHT GHES Marcus A. McKnight ,Esq. MAM/min cc: Ms. Angela Dianne Zimmerman ~~ ~0~~ oF-CJ O1FIB-00132 a .. .".~ LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp $ill, PA 17011 Telephone Number: (717) 731-0988 ANGELA DLANNE ZIMMERMAN, PLAINTIFF t • Y: r. IN TI3E COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. DONALD E. DONOVAN AND JUDY K DONOVAN, DEFENDANTS No. 2001-4744 CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Petition of Defendants to Compel Answers to Interrogatories and Request for Production of Documents Addressed to the Plaintiff to be served by regular first class mail upon: Marcus A. McKnight, III Irwin, McKnight & Ilughes 60 West Pomfret Street Carlisle, PA 17013 Date: March 18. 2002 Ddaa'at~CR. Dorer, Esquire Attorney for Defendants ,. ,~ ~ ~ ~w > • r~ ~! e a :~_) 1- - _. l ? C.J ° '6 .~- -< PREREQIIISITE TO SERVICE OP A SDBPOENA PUBSIIANT TO RDLE 4009.22 IN THE MATTER OF: ANGELA DIANNE ZIMMERMAN -VS- DONALD E. DONOVAN AND JUDY K. DONOVAN COURT OF COMMON PLEAS TERM, CASE N0: 2001-4744 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD R. DORER, 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. DATE: 10/23/2002 ~~~~~~ DONALD R. DORER, ESQ. Attorney for DEFENDANT DE11-368293 0 7 3 5 5- L 0 1 C OMDSO NWEAL T H O F PENNSYLVANIA COUNTY OF CTJMBE]2LAND IN THE MATTER OF: COURT OF COMMON PLEAS ANGELA DIANNE ZL'!41ERMAN` TERM, -VS- CASE N0: 2001-4744 DONALD E. DONOVAN AND JUDY R. DONOVAN HOLY SPIRIT HOSPITAL I~ffiDICAL BBCOBDS GRAHAM MEDICAL CLINK MEDICAL RECORDS PENH'S iR)OD PHYSICAL THERAPY MEDICAL BHCORDS Ci1RHIE E HSCHT ORAL MEDICAL RECOBDS APPALACHIAN ORTHOPHDIC CENTER MEDICAL RECORDS T0: MARCIIS A. MCNIGHT, III, ESQ. MCS oa behalf of DONALD R. DOHBR, 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 ie made, then the subpoena nay be served. Ca®plete copies of any reproduced records may be ordered at your ezpense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 10/03/2002 CC: DONALD R. DORER, ESQ. - O1HB-00132 ANGELA ALOISE - Any questions regarding thin matter, contact MCS oa behalf of DONALD R. DORER, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREHT #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-202083 0 7 3 5 5- C 0 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANGELA DIANNE ZIMMERMAN VS DONALD E.CONOVAN & SUDY K.DONOVAN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 40A9.22 TO: File No. 2001-4744 (Name of Peron or Entlty) Within twenty (20) days after service of this s SEE ATTACHED rdered by the court to produce the following documents or things: at MCS GROUP INC., 1601 MARKET ST., ~i800, 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 coat of prepazing the copies or producing the things sought. If you fait 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 OFTHE-FOLLOWING PERSON: NAME: DONALD R. DORER. ESO. ADDRESS: 214 SENATE AVE. , STE 503 CAMP HILL.PA 17011 -- TELEPHONE: 9i s_~rs;_n4nn SUPREME COURT ID M: ATTORNEY FOR: I1F.FRNiIANT BY E COURT: DATE: a,~ ."] J ~ ~ '~' Pmthonotary/Clerk, Civi eion /J(Jej ~ r' 4t1G De ty Seal of the Court CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL (Eff. 7 f 9'n EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 7355 ANGELA DIANNE ZIMMERMAN 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 :ANGELA DIANNE ZIMMERMAN 29 ETTERS ROAD, NEWBURG, PA 17240 Social Security #: 197-66-7655 Date of Birth: 03-25-1974 SU10-401570 0 7 3 5 5- L 0 1 -e~W.~,,..~i~.r _ .~..,,...,...L.J..w.. .,.. ... CERTIFICATE PREREQIIISITE TO SERVICE OF A SIIBPOENA PIIBSIIANT TO BIILE 4009.22 IN THE MATTER OF: ANGELA DIANNE ZIhA1ERMAN -VS- DONALD E. DONOVAN AND NDY R. DONOVAN COURT OF COMMON PLEAS TERM, CASE N0: 2001-4744 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD R. DORER, 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 ke served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 1OJ23/2002 DONALD R. DORER, ESQ. Attorney for DEFENDANT DE11-368294 0 7 3 5 5- L 0 2 COD~IIrIONWEALTPi OF PENNSYLVANIA COUNTY OF CTJMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS ANGELA DIANNE 2IAAlERMAN TERM, -VS- CASE N0: 2001-4744 DONALD E. DONOVAN AND JUDY R. DONOVAN AND HOLY SPIRIT HOSPITAL MEDICAL BECORDS GRAHAM IEDICAL CLIHIC MEDICAL RECORDS PHNN'S WOOD PHYSICAL THERAPY MBDICAL RECORDS CDRRIB 6 HECHT ORAL MEDICAL RHCORDS APPALACHIAN ORTHOPEDIC CSHTSR MEDICAL RECORDS T0: MARCIIS A. MCNIGHT, III, ESQ. 1R;S on behalf of DONALD R. DORER, ESQ. intends to nerve a snbpoena 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: 10/03/2002 CC: DONALD R. DORSR, ESQ. - O1HB-00132 ANGELA ALOISB - Any questions regarding this matter, contact MCS on behalf of DONALD R. RORER, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MAREBT STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-202083 0 7 3 5 5- C 0 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANGELA DIANNE ZIMMERMAN VS 2001-4744 File No. DONALD E.CONOVAN & JUDY K.DONOVAN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: GRAHAM MEDICAL CLINIC, P.C. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED b at MCS GROUP INC., 1601 MARKET ST., Ik800, 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 ro seek, in advance, the reasonable cost of prepazing the copies or producing the things sought. tf you fail to produce the documents or things required by this subpoena, within twenty (ZO) days after its service, the party serving this subpoena may seek a court order compelling you ro comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DONALD R DORER. ESO. ADDRESS: 214 SENATE AVE. , STE 503 CAMP HILL.PA 17011 -- TELEPHONE: _?ls_~~~_nonn SUPREME COURT ID #: ATTORNEY FOR: T7FFFNTIANT DATE: ~~ ~ Z ~ Q'~ 7-.- Seal of the Court (Eff. 7/9'7) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GRAHAM MEDICAL CLINIC 100 SOUTH HIGH STREET NEWVILLE, PA 17241 RE: 7355 ANGELA DIANNE ZIMMERMAN 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 includingg the present. Subject :ANGELA DIANNE ZIMMERMAN 29 ETl'ERS ROAD, NEWBURG, PA 17240 Social Security #: 197-66-7655 Date of Birth: 03-25-1974 SU10-401572 0 7 3 5 5- L 0 2 CERTIFICATE PREREQIIISITS TO SERVICE OF A SIIBPOENA PIIRSIIANT TO RIILE 4009.22 IN THE MATTER OF: ANGELA DIANNE ZIMMERMAN -VS- DONALD E. DONOVAN AND JUDY R. DONOVAN COURT OF COMMON PLEAS TERM, CASE N0: 2001-4744 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD R. DORER, 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: 10/23/2002 DONALD R. DORER, ESQ. Attorney for DEFENDANT DEll-368295 0 7 3 5 5- L 0 3 COMCQONWEALTffi OF PENNSYY.VAN=A COUNT Y O F CTJMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS ANGELA DIANNE 2IhII9ERMAN TERM, -VS- CASE N0: 2001-4744 DONALD E. DONOVAN AND JUDY R. DONOVAN ~l HOLY SPIRIT HOSPITAL MHDICAL HECOBDS GRAHAlI MEDICAL CLIHIC MEDICAL RECORDS PENN'S STOOD PHYSICAL THERAPY MEDICAL RECORDS CDRRIE fi HHCHT ORAL MEDICAL $ECORDS APPALACHIAN ORTHOPEDIC CENTHR MEDICAL RSCORDS T0: MARCIIS A. MCNIGHT, III, ESQ. MCS oa behalf of DONALD R. DOHEH, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) daps 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 ao objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your ezpease by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 10/03/2002 CC: DONALD R. DORER, HSQ. - O1HB-00132 ANGELA ALOISB - Any questions regarding this matter, contact MCS on behalf of DONALD $. DORER, ESQ. Attorney for DEFENDANT THH MCS GROUP INO. 1601 MARKET STREBT #800 PHILADHLPHIA, PA 19103 (215) 246-0900 DE02-202083 0 7 3 5 5- C 0 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANGELA DIANNE ZIMMERMAN VS File No. 2001-4744 DONALD E.CONOVAN & SUDY K.DONOVAN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: PENN'S WOOD PHYSICAL THERAPY (Name of Person or Entity) Within twenty (20) days after service of this s SEE ATTAC EH bordered by the court to produce the following documents or things: at MGS GROUP INC., 1601 MARKET ST., 11800, YHILA.,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 hated above. You have the right ro seek, in advance, the reasonable cost of prepazing the copies or producing the things sought. If you Eail to produce the documents or things required by this subpoena, within twenty (2(!) 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: DONALD R. DORER. ESO. ADDRESS: 214 SENATE AVE. , STE 503 CAMP HILL.PA 17011 TELEPHONE: ~ts_~~F_n4nn SUPREME COURT ID #: ATTORNEY FOR: 11FFFNTIANT /''~ BY f~E CO T: DATE: ~ a3 ~Z~ - P,othonotary(Clerk. Civil D' e~ Depu Sea! of the Court (Eff. 7(97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PENN'S WOOD PHYSICAL; THERAPY 425 STONEHEDGE DRIVE CARLISLE, PA 17013 RE: 7355 ANGELA DIANNE ZIMMERMAN 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 :ANGELA DIANNE ZIMMERMAN 29 ETTERS ROAD, NEWBURG, PA 17240 Soeial Security #: 197-66-7655 Date of Birth: 03-25-1974 SU10-401574 0 7 3 5 5- L 0 3 CERTIPICATE PREBEQUISITE TO SER1iICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS ANGELA DIANNE ZIMMERMAN TERM, -VS- CASE N0: 2001-4744 DONALD E. DONOVAN AND JUDY K. DONOVAN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD R. DORER, 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: 10/23/2002 DONALD R. DORER, ESQ. Attorney for DEFENDANT DE11-368296 0 7 3 5 5- L 0 4 C OAdMO NWEAL T H O F PENNSYLVANIA COUNTY O F CUMBERLAND IN THE MATTER OP: COURT OF COMMON PLEAS ANGELA DIANNE 2IPII4ERMAN TERM, -VS- CASE N0: 2001-4744 DONALD E. DONOVAN AND NDY R. DONOVAN HOLY SPIRIT HOSPITAL MEDICAL BECORDS GBAHAM MEDICAL CL71iIC MBDICAL RECORDS PENN'S WOOD PHYSICAL THERAPY M®ICAL RECORDS CUBRIE fi HECHT OBAL MEDICAL RECOBDS APPALACHIAN ORTHOPEDIC CffiiTEH MEDICAL RECORDS T0: MARCUS A. MCNIGHT, III, ESQ. MCS oa behalf of DONALD R. DOHER, 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 ezpense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 10/03/2002 CC: DONALD R. DORER, ESQ. - O1HB-00132 ANGELA ALOISH - Any questions regarding this matter, contact MCS on behalf of DONALD R. DORER, ESQ. Attorney for DEPBNDANT THE MCS GROUP INC. 1601 MAREET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-202083 0 7 3 5 5- C 0 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANGELA DIANNE 2IMMERMAN VS 2001-4744 File No. DONALD E.CONOVAN & 3UDY K.DONOVAN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: CURRIE & HECHT MAXILLOFACIAL SURGEONS, P. C. (Name of Person or Entity) Within twenty (20) days after service of this s SEE ATTACHED rdered by the coon to produce the following documents or things: a at MCS GROUP INC., 1601 MARKET ST., ~F800, 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 prepazing the copies ar 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 coon order compelling you to comply with it. THIS SUBFOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: -DQNALD R. DORER. E ADDRESS: 214 SENATE AVE. , STE 503 CAMP HILL,PA 17011 TELEPHONE: ~ts_~~r,_~g~n SUPREME COURT ID #: ATTORNEY FOR: itFFFNTIANT DATE: ~+ r • ~ n~ ~p2, G ~ e Prothonotary/Cleric, Civ' ion Depu Seal of the Court (Eff. 7/9'n EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CURRIE & HECHT ORAL AND MAXILLOFACIAL SURGEON 338 ALEXANDER SPRING CARLILSLE, PA 17013 RE: 7355 ANGELA DIANNE ZIMMERMAN 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 :ANGELA DIANNE ZIMMERMAN 29 ETTERS ROAD, NEWBURG, PA 17240 Social Security #: 197-66-7655 Date of Birth: 03-25-1974 SU10-401576 0 7 3 5 5- L 0 4 CERTIFICATE PREREQUISITE TO SSRVICS OF A SIIBPOSNA PURSIIANT TO RIILS 4009.22 IN THE MATTER OFs ANGELA DIANNE ZIMMERMAN -VS- DONALD E. DONOVAN AND JUDY K. DONOVAN COURT OF COMMON PLEAS TERM, CASE N0: 2001-4744 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD R. DORER, 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: 10/23/2002 DONALD R. DORER, ESQ. Attorney for DEFENDANT DE11-968297 0 7 3 5 5- L O S CO1~II~~IONWEALTH OF PENNSYLVANIA C pUN T Y O F CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS ANGELA DIANNE ZIMMERMAN TERM, -VS- CASE N0: 2001-4744 DONALD E. DONOVAN AND JUDY K. DONOVAN INTENT HOLY SPIRIT HOSPITAL MEDICAL BECORDS GRAHAM MEDICAL CLINIC MEDICAL RECORDS PENN'S WOOD PHYSICAL THERAPY MBDICAL RECORDS CURRIH 6 HECHT ORAL MEDICAL RECORDS APPALACHIAN ORTHOPEDIC CENTER MEDICAL RECORDS T0: MARCIIS A. MCNIGHT, III, ESQ. MCS on behalf of DONALD R. DORSR, 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 ezpense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 10/03/2002 CC: DONALD R. DORSR, ESQ. - O1HB-00132 ANGELA ALOISE Any questions regarding this matter, contact MCS on behalf of DONALD R. DORER, ESQ. Attorney for DHFSNDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-202083 0 7 3 5 5- C 0 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANGELA DIANNE ZIMMERMAN VS DONALD E.CONOVAN~& JUDY K.DONOVAN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: APPALACHIAN ORTHOPAEDIC CENTER LTD. (Name of Person or Entity) Within twenty (29) days after service of this s SEE ATTACHED dered by the court to produce the following documents or things: at MCS GROUP INC., 1601 MARKET ST., X1800, 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 prepazing 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. THI5 SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DONALD R. DORER. ESO. ADDRESS: 214 SENATE AVE., STE 503 CAMP HILL.PA 17011 TELEPHONE: ~~s_~aa_nonn SUPREME COURT ID ti: ATTORNEY FOR: n>;pFUnaNT ~ ` BY E CO RT; DATE: ~ KGB[ )Z /Jn~, Pcothonotary/Cl I Civil Di ' /X/! ~!~ Deputy Seal of the Court File No. 2001-4744 (Eff. 7/9'7) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: APPALACHIAN ORTHOPEDIC CENTER 1 DUNWOODY DR. CARLISLE, PA 17013 RE: 7355 ANGELA DIANNE ZIMMERMAN 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 :ANGELA DIANNE ZIMMERMAN 29 ETTERS ROAD, NEWBURG, PA 17240 Social Security #: 197-66-7655 Date of Birth: 03-25-1974 SU10-401578 0 7 3 5 5- L O S ~ _, -- = --~ , ~, ~ -, - - F_-, _ , - ~~ _ _ - _.. ,, <<` :. - -.:, , _= ` _.. ;: ~ ; y~!__~ _ .~ ._..~_ `V -~:,, t YJ -G. ~~. File No.: O,1HB-00132 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate.) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the following case (check one): (x) for JURY trial at the next term of civil court. ( )for trial without a jury. CAPTION OF CASE: (Entire Caption Must Be Stated In Full) (Check One) ( ) Assumpsit Angela Dianne Zimmerman, ( )Trespass Plaintiff (x) Trespass (Motor Vehicle) vs. ( ) (Other) Donald E. Donovan and Judy K. Donovan, Defendants The trial list will be called on June 10. 2003 Trials commence on July 7, 2003 Pre-trials will be held on June 18. 2003 (Briefs aze due 5 days before pre-trials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe m aB counsel, pursuant m local Rule 2141.) No. 2001-4744 Civil 20 Ol Indicate the attorney who will try case for the party who files this praecipe: Donald R. Dorer, Esquire, Attorney for Defendants: Jacobs & Saba 214 Senate Avenue Suite 503 Camp Hill Pennsylvania 17011 • (717) 731-0988 Indicate trial counsel for other parties if known: Marcus A. McKnieht, III, Esquire, Attorney for Plaintiff; This case is ready Print Name: Donald R. Dorer. Esquire Attorney for: Defendants Date: March 18. 2003 OlHB-00132 LAW OFFICES OF JACOBS & SABA 214 SENATE AVENUE, $i1ITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Angela Dianne Zimmerman, (Case No.: 2001-4744 Plaintiff V5. TR1AL DEMANDED E. Donovan and Judy K. Donovan, Defendants OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Praecipe for Listing Case for Trial to be served by regular first class mail upon: Marcus A. McKnight, III Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 / / ~,, %~ Date: March 18, 2003 ~ TSonald R. Dorer, Esquire Attorney for Defendants Angela Dianne Zimmerman IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA V Donald E. Donovan and Judy K. Donovan NO. 01-4744 CIVIL TERM ORDER OF COURT AND NOW, June 10, 2003, the above-captioned matter is continued by agreement of counsel, from the July 7, 2003 trial term, at the plaintiff s request. Counsel is directed to relist the case when ready. By the Court, /Marcus A. McKnight, HI, Esquire F/or the Plaintiff `Donald R. Dorer, Esquire For the Defendant Court Administrator Ge rg e > ~- oc-~z•crs :ld i , F'~~!"~.'11~1i~S~ ~'~!~~,a ~~la~~ ,~~,~~ ~~p,~~ ..m.®®~.:~r...,~,~~~.~.~,,..m~,®.oax~.v - ~ _ ~a~~w+n ,air ~ .~ .~. ~~~+o Nam ,u _. _.: ,ior Pe~3a,6_T File No.: O1HB-00132 PRAECIPE FOR RE-LISTING CASE FOIE TR'~AL ' (Must be typewritten and submitted in duplicate.) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the following case (check one): (x) for JURY trial at the next term of civil court. ( )for trial without a jury. CAPTION OF CASE: (Entire Caption Must Be Stated In Full) Angela Dianne Zimmerman, (Check One) ( ) Assumpsit ( )Trespass Plaintiff (x) Trespass (Motor Vehicle) vs. ( ) Donald E. Donovan and Judy K. Donovan, Defendants The trial list will be called on August 12. 2003 Trials commence on - September 8, 2003 Pre-trials will be held on Aueust 20. 2003 (Briefs aze due 5 days before pre-trials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 2141.) No. 2001-4744 Civil 20 Ol Indicate the attorney who will try case for the party who files this praecipe: Donald R. Dorer. Esquire, Attorney 0988. Indicate trial counsel for other parties if This case is ready for Print Name: Donald R. Dorer. Esquire Attorney for: Defendants Date: June 16. 2003 O1HB-00132 LAW OFFICES OF JACOBS & ASSOCIATES 214 SENATE AVENUE, SUITE 503 CAMP HII.L, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Dianne Zimmerman, Case No.: 2001-4744 Plaintiff vs. Donald E. Donovan and Judy K. Donovan, Defendants TRIAL DEMANDED OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Praecipe for Re-Listing Case for Trial to be served by regular first class mail upon: Marcus A. McKnight, III Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Date: June 16.2003 Donald R. Dorer, Esquire Attorney for Defendants ti _ ,_ _, c ~ :~_ Y 1_: ~)~;', ^ _E t_) > "j .. ~ eaa ~2i4]~%.45~+~+'et~".f~N}mi"~6fi~k~N(JH.. 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) ( g ) for JURY trial at the next term of civil court. ( ) for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) ANGELA DIANNE ZIMMERMAN, (check one) ( ) Assumpsit ( ) Trespass ( X) Trespass (Motor Vehicle) (Plaintiff) vs. DONALD E. DONOVAN and JUDY K. DONOVAN, (Defendant) vs. (other) The trial list will be called on October 7. 2003 and Trials commence on November 3 2003 Pretrials will be held on October 15. 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.) No. Civil 2001-4744 tg __ Indicate the attorney who will try case for the party who files this praecipe: _ Marrua A. McKnieht, III, Esq., 60 West Pomfret Street, Carlisle, PA 17013 Indicate trial counsel for other parties if known: Donald R. borer, Esquire, -214_ 11 This case is ready for trial. ~/ Signed: _ Print Name: rcus A. z Date: Aueust 12, 2003 Attorney for: Plaintiff ITI f"} C ~:7 C:. .`y E? ?a __ nor-' L ~r ri - -~:. <~ ~'' -~ y ._ ~ ~,: = t \ f ~ -c 10. Angela Dianne Zimmerman V Donald E. Donovan and Judy K. Donovan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4744 CIVIL TERM ORDER OF COURT AND NOW, August 12, 2003, the above-captioned matter is continued by agreement of counsel, from the September 8, 2003 trial term, at the plaintiff's request. Counsel is directed to relistthe case when ready. By the Court, o of r, .J, /1Vlarcus A. McKnight, III, Esquire For the Plaintiff ~onald R. Dorer, Esquire , For the Defendant Court Admhustrator ~' RKs dB-I~-C3 :Id . _r r iii c; ~ nr~,'~~ f""~~.~ (d iJ .~ 1F Jf i,i .,. ,a _. -i} +T V..4%1M1 4F5Y Ali°a4gtt4~.. ..x.+f Nr ~ OfsYB-00132 PRAECIPE FOR RELISTING CASE FOR TRIAL p~ (Must be typewritten and submitted in duplicate.) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the following case (check one): (x) for JURY trial at the next term of civil court. ( )for trial without a jury. CAPTION OF CASE: (Entire Caption Must Be Stated In Full) (Check One) ( ) Assumpsit Angela Dianne Zimmerman, ( )Trespass Plaintiff (x) Trespass (Motor Vehicle) vs. ( ) (Other) Donald E. Donovan and Judy K. Donovan, Defendants The trial list will be called on October 7, 2003 Trials commence on November 3. 2003 Pre-trials will be held on October 15. 2003 (Briefs aze due 5 days before pre-trials.) (The party listing this case for trial shall provide fordrwith a copy of the praecipe to all counsel, pursuant to local Rule 2141.) No. 2001-4744 Civil 20 Ol Indicate the attorney who will try case for the party who files this praecipe: Donald R. Dorer, Esquire, Attornev 0988. Indicate trial counsel for other p~rti~s if known: Marcus A. McKnight, III, Esquire, Attorney for This Print Name: Donald R. Dorer. Esquire Attorney for: Defendants Date: September 5, 2003 O1HB-00132 LAW OFFICES OF JACOBS & ASSOCIATES 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS Angela Dianne Zimmerman, Plaintiff vs. E. Donovan and Judy K. Donovan, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 2001-4744 TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Praecipe for Re-Listing Case for Trial to be served by regulaz first class mail upon: Marcus A. McKnight, III Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Date: September 5, 2003 Donald R. Dorer, Esquire Attorney for Defendants "°r k A~ i C3 C' C Ga ~i~ ~~ c7 ~(J f v-~ ~z, ~~- _ r. ,.. _ z ; ,l -_ G ~. i °` ~-~ -C SEP 9 O1HB-00132 LAW OFFICES OF JACOBS & SABA 214 SENATE AVENUE, SUTTE 503 CAMP HH.L, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. Angela Dianne Zimmerman, Plainfiff Donald E. Donovan and Judy K. Donovan, Defendants No.: 2001-4744 ORDER OF COURT AND NOW this ~ day of , 2003, upon consideration of the within Stipulation of Counsel, is hereby ordered and directed that the Defendant, Judy K. Donovan, be dismissed as a party in the above action. It is further noted for the record that the Defendant, Donald E. Donovan has stipulated generally as to his sole negligence in the motor vehicle accident described in Plaintiff's Complaint. BY TAE COURT: Off 1~. 03 2003 .,,~~ A~ . ~ s ~8~~h~ .~aa • ~,~ -aP,MUO~~o~y q P xXjoo~~ ~{,t°S6 h ~y~ ~ ~ ~ l ~~ ^:4Nr~'''~-i «.,. _ _ ~ali :~ ;°,~ u i c~~ U .,~ ..; ~(? A't; ~ ,~ r I OlHB-00132 LAW OFFICES OF JACOBS & SABA 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Angela Dianne Zimmerman, (Case No.: 2001-4744 Plaintiff TRIAL DEMANDED vs. Donald E. Donovan and Judy K. Donovan, Defendants ; STIPULATION OF COUNSEL It is hereby stipulated between counsel for the parties hereto that the Defendant, Judy K. Donovan, be dismissed from this action, and the caption of the case be revised to read as follows: Angela Dianne Zimmerman, Plaintiff vs. Donald E. Donovan, Defendant. It is further stipulated that the Defendant, Donald E. Donovan, is solely negligent in the occurrence of the accident described in Plaintiff's Complaint, and that the only issue to be contested by Defendant is the amount of damages, if any, to which Plaintiff may be entitled to recover at time of hearing or trial. IRWIN, MCKIVIGHT & By: ~ ~- Marcus A. Mc: Attorney for Identification LA By: Attorney for Defendants Zimmerman Date: W I OF JA OB SABA ' Z ~ ~f G Date: ~f ~ ~` 3 / Don . Dorer, Esqu e Identification Number: 39126 ~« .. _ ._ ;~:. O1HB-00132 LAW OFFICES OF JACOBS & ASSOCIATES 214 SENATE AVENUE, SUrrE 503 CAMP B.II.L, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Angela Dianne Zimmerman, Plaintiff vs. Donald E. Donovan and Judy K. Donovan, Defendants No.: 2001-4744 TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Stipulation of Counsel to be served by regular first class mail upon: Marcus A. McKnight, III Irwin, McKnight & Hughes 60 West Pomfret Street Cazlisle, PA 17013 Date: September 5, 2003 Dona R. Dorer, Esquire Attorney for Defendants ~, ~ . ~'~ i i~7 r. ~ CO `it ~ . J ~ , "T~ { ni !_a ' '~J __ _i - _ G~r i` _ - `h -i j~~?- r- i;~l'i .° = .r t :~ ~•~ 17 .e -K: ~5~ Angela Dianne Zimmerman : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA V Donald E. Donovan and Judy K. Donovan NO. 01-4744 CIVIL TERM ORDER OF COURT AND NOW, October 7, 2003, counsel having failed to call the above case for trial, the case is stricken from the November 3, 2003 trial term. Counsel is directed to relist the case when ready. By the Court, .- Ge e o er, .J. ~arcus A. McKnight, III, Esquire For the Plaintiff ~nald R. Dorer, Esquire For the Defendant Court Administrator ld 7 .~' R~~ io-o9-U3 .wn.- w , ae~e,. HfPJeIA~k~'f~N3c! P G ~~ 4=~c~ 4' E~~ ~:~ JsN'._rifl';'.;ri.:'~.=-~i ~ ri.i ~0 ~~ _F.:u .c„~aF r v, I, irrar. m a iu.,,,'na~i8Y~9 File Na.: o1F;~-oo132 PRAECIPE FOR RE-LIS•TINO CASE FOR TRIAL (Must be typewritten and submitted in duplicate.) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the following case (check one): (x) for JURY trial at the next term of civil court. ( )for trial without a jury. CAPTION OF CASE: (Entire Caption Must Be Stated In Full) Angela Dianne Timmerman, (Check One) ( ) Assumpsit ( ) Trespass Plaintiff vs. (x) Trespass (Motor Vehicle) ( ) (other) Donald E. Donovan, Defendant The trial list will be called on December 9, 2003 Trials commence on January 26, 2004 Pre-trials will be held on December 17. 2003 (Briefs are due 5 days before pre-trials.) (The party listing t}tis case For trial shall provide forthwith a copy of the praecipe to al] counsel, pursuant to local Rule 2141.) { No. 2001-4744 Civil 20 Ol Indicate the attorney who wIll try case for the parry who files this praecipe: Donald R. Dorer. Esquire, AttorneX 0988. Indicate trial counsel for other pazti~~ if known: _ Marcus A. McI{niaht, III, Esquire, Attorney for This case is ready Print Name(/Donald R. Dorer, Esquire Attorney for: Defendant Date: October 16, 2003 O1HB-00132 LAW OFFICES OF JACOBS & ASSOCIATES 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Angela Dianne Zimmerman, ~ase No.: 2001-4744 Plaintiff vs. TRIAL DEMANDED Donald E. Donovan, Defendant CERTIFICATE OF Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Praecipe for Re-Listing Case for Trial to be served by regular first class mail upon: Marcus A. McKnight, III Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Date: October 16, 2003 Donald R. Dorer, Esqui Attorney for Defendant C> c_: c_ ., -r i~; ° ~ ' , mF: 9 -1 _ ^j - ~4:: _~ ~_-r '! .. .` ~ _ C. (. ) 1'`..- ` l T '-- ._ Zr 1 ~ -i *.S t .,° ~ ..- ,, +r, xf. Prs`:~v:;•:. ~ .:'.:j:=. 533a~tA"-;+'kTf'#.I~.i~NN#~ L O1HB-00132 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Angela Dianne Zimmerman, ~ase No.: 2001-4744 Plaintiff vs. Y TRIAL DEMANDED E: Donovan, Defendant PRAECIPE TO SETTLE, DISCOrITnvuE Arm END TO THE PROTHONOTARY: Please mark the above-captioned case settled, discontinued and ended. By: /" ~ Marcus A. cKnight Irwin, Mc 'ght u~ 60 West Pomfr Street Carlisle, PA 1 13 Attorney I.D. Attorney for Plaintiff Date: ag ~p3 C~ ~wr~~~ O1HB-00132 LAW OFFICES OF JACOBS & ASSOCIATES 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Angela Dianne Zimmerman, Case No.: 2001-4744' Plaintiff vs. (JURY TRIAL DEMANDED E. Donovan, Defendant CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Praecipe to Settle, Discontinue and End to be served by regular first class mail upon: Marcus A. McKnight, III Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 I ~~ Date: January 7, 2004 Donald R. Dorer, Esquire Attorney for Defendant r *-~. 1 L"7 ~ t-: i_ - :~ .f~ '.. ~ ~~- ~ _ _ -^•:~ ` ~-: _- _= €_ ~' C.. C-) -f •-. ~~ G -ri .~ r ~ ~__ ~ ~ ` if~1 T t C7 r i ~~.t `n sry K z __ _ ~ rep P.~a ~ - i ~,T _. s~lfi~ aws~6fa°.~ rtk'¢' 1RN.t'.'. _ _ . ~ _,.-