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HomeMy WebLinkAbout03-2515GERALDINE L. OZIO, Plaintiff Vo JENNIFER LYNN PICKEL and, JOYCE M. BARLUP, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. JURY TRIAL DEMANDED NOTICE TO: Jennifer Lynn Pickel 503 Terrace Drive New Cumberland, PA 17070 TO: Joyce M. Barlup 505 Water Street New Cumberland, PA 17070 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are wamed that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800/990-9108 Document #262328 NOTICIA USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda v Aviso radicando personalmente o por medio de un abogado una comparecencia escfita y radicando en la Cone pot escrito sus defensas de, y objeceiones a, las demandas presentadas aqui en contra suya. Se le adviene de que si usted falla de tomar action como se describe antefiormente, el caso puede proceder sin usted y un fallo pot cualquier suma de dinero reclamado en la demanda o cualquier otra reclamaeion o remedio solicitado por el demandante puede ser dictado en contra suya por la Cone sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO IMMEDIATAMENTA. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800/990-9108 Document 11262328 GERALDINE L. OZIO, Plaintiff Vo JENNIFER LYNN PICKEL and, JOYCE M. BARLUP, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LA...W NO. 03-.,25/.5' ~ ~ JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Geraldine L. Ozio, is an adult individual residing at 208 Senate Avenue, Apartment 1118, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant, Jennifer Lynn Pickel, is an adult individual residing at 503 Terrace Drive, New Cumberland, Cumberland County, Pennsylvania, 17070. 3. Defendant, Joyce M. Barlup, is an adult individual residing at 505 Water Street, New Cumberland, York County, Pennsylvania, 17070. 4. On August 23, 2002, Defendant Pickel was the owner and operator of a 1998 Chevrolet Cavalier with Pennsylvania registration plate number ESK5826 and VIN No. 52036796701. 5. On August 23, 2002, Defendant Barlup was the owner and operator of a 1989 Oldsmobile Calais with Pennsylvania registration plate number DAN2587 and VIN No. 45083656202. 6. On the aforesaid date, Plaintiff was a passenger in the vehicle owned and operated by Defendant Barlup. 7. On the aforesaid date, at approximately 3:08 p.m., the vehicle in which Plaintiff was traveling was involved in an automobile accident. Document #262328 8. On the aforesaid date and time, Defendant Pickel was traveling south on South Tenth Street with the intention of turning left onto Lowther Street in New Cumberland, Cumberland County, Pennsylvania. 9. On the aforesaid date and time, Defendant Barlup was traveling north on South Tenth Street with the intention of traveling through the intersection of South Tenth and Lowther Streets in New Cumberland, Cumberland County, Pennsylvania. 10. On the aforesaid date and time, Defendant Pickel or Defendant Barlup, or both Defendants Pickle and Barlup, failed to properly yield to oncoming traffic and struck another vehicle, causing injury to Plaintiff as set forth below. 11. The collision occurred solely as a result of the negligence, carelessness, and recklessness of Defendant Pickel and/or Barlup and was due in no manner, or to any act, or failure to act on the part of the Plaintiff. 12. As a result of the aforesaid accident and negligence of Defendant Pickel and/or Defendant Barlup, Plaintiff, Geraldine L. Ozio, has suffered serious and debilitating injuries, some of which are permanent, including, but not limited to, a fracture of the cervical spine, left ann injuries, injuries to her forehead and face, and a head injury, all of which required or will require extensive treatment, including medical appointments, medical tests, and therapy, all to her great loss and detriment. 13. As a result of the aforesaid accident and negligence of Defendant Pickel and/or Defendant Barlup, Plaintiff, Geraldine L. Ozio, was forced to incur medical and incidental bills and expenses, including medication, for the injuries she has suffered and will continue to incur and said medical and incidental bills and expenses in the future, all to her great loss and detriment. Document #262328 -2- 16. forth at length. 17. 14. As a result of the aforesaid accident and negligence of Defendant Pickel and/or Barlup, Plaintiff, Geraldine L. Ozio, suffered a loss of ability to perform household services and productivity, all to her great loss and detriment. 15. As a result of the aforesaid accident and negligence of Defendant Pickel and/or Barlup, Plaintiff, Geraldine L. Ozio, has undergone and will in the future undergo great mental and physical pain and suffering, mental anguish, discomfort, inconvenience and distress, embarrassment and humiliation, past, present and future loss of her ability to enjoy the pleasures of life, and limitations in her pursuit of daily activities, all to her great loss and detriment. COUNT I Plainfiffv. Defendant~ Jennifer Lynn Pickel Paragraphs 1 through 15 hereof are incorporated herein by reference as if fully set The accident was caused directly, proximately, and/or substantially by the negligence, carelessness, and recklessness of Defendant, Jennifer Lynn Pickel, in the following particulars: (a) (b) failing to stop at a traffic light in violation of 75 Pa. C.S.A. Section 3112; failing to yield the right of way to Defendant Barlup's vehicle in violation of 75 Pa. C.S.A. Section 3323; failing to obey traffic control devices in violation of 75 Pa. C.S.A. Section (c) 3111; (d) failing to observe the roadway ahead for the presence of other vehicles and for traffic control devices; Document #262328 -3- collision; (e) failing to slow or stop the vehicle she was operating so as to avoid a (f) failing to apply the brakes to the vehicle she was operating or take other evasive action to avoid the collision with Defendant Barlup's vehicle; (g) failing to maintain adequate control of the vehicle she was operating in order to avoid a collision; (h) Barlup's vehicle; (i) operating her vehicle in careless disregard for the safety of persons and/or property in violation of 75 Pa. C.S.A. Section 3714; 0) failing to keep her vehicle under proper and adequate control so as not to expose other users to unreasonable risk of harm; (k) failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; and (1) operating a vehicle when she did not have proper training or skill to operate a vehicle. 18. As a result of the violation of the above mentioned sections of the Pennsylvania Motor Vehicle Code, Defendant, Jennifer Lylm Pickel, is negligent per se. 19. As a direct and proximate result of the aforesaid negligence, recklessness, and carelessness, Defendant, Jennifer Lynn Pickel, is liable for the above mentioned damages and claim is made therefore. failing to give warning to Plaintiff of her impending collision with Defendant Document #262328 20. forth at length. 21. WHEREFORE, Plaintiff, Geraldine L. Ozio, demands judgment against Defendant, Jennifer Lynn Pickel, and Defendant, Joyce M. Barlup, either individually and/or jointly and severally, for the aforesaid damages in an amount which exceeds the limits of compulsory arbitration in Cumberland County, Pennsylvania, plus interest and/or damages for delay and costs of prosecution. COUNT II Plaintiffv. Defendant, Joyce M. Barlup Paragraphs 1 through 19 hereof are incorporated herein by reference as if fully set The accident was caused directly, proximately, and/or substantially by the negligence, carelessness, and recklessness of Defendant, Joyce M. Barlup, in the following particulars: (a) (b) 75 Pa. C.S.A. Section 3323; failing to obey traffic control devices in violation of 75 Pa. C.S.A. Section (c) 3111; (d) failing to stop at a traffic light in violation of 75 Pa. C.S.A. Section 3112; failing to yield the right of way to Defendant Pickel's vehicle in violation of failing to observe the roadway ahead for the presence of other vehicles and for traffic control devices; (e) failing to slow or stop the vehicle she was operating so as to avoid a collision; (f) failing to apply the brakes to the vehicle she was operating or take other evasive action to avoid the collision with Defendant Pickel's vehicle; Document #262328 -5- (g) to avoid a collision; (h) Pickel's vehicle; failing to maintain adequate control of the vehicle she was operating in order failing to give warning to Plaintiff of her impending collision with Defendant (i) operating her vehicle in careless disregard for the safety of persons and/or property in violation of 75 Pa. C.S.A. Section 3714; (j) failing to keep her vehicle under proper and adequate control so as not to expose other users to unreasonable risk of harm; (k) failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; and (1) operating a vehicle when she did not have proper training or skill to operate a vehicle. 22. As a result of the violation of the above mentioned sections of the Pennsylvania Motor Vehicle Code, Defendant, Joyce M. Barlup, is negligent per se. 23. As a direct and proximate result of the aforesaid negligence, recklessness, and carelessness, Defendant, Joyce M. Barlup, is liable for the above mentioned damages and claim is made therefore. Document #262328 -6- WHEREFORE, Plaintiff, Geraldine L. Ozio, demands judgment against Defendant, Jennifer Lynn Pickel, and Defendant, Joyce M. Barlup, either individually and/or jointly and severally, for the aforesaid damages in an amount which exceeds the limits of compulsory arbitration in Cumberland County, Pennsylvania, plus interest and/or damages for delay and costs of prosecution. Dated: METZGER, WICKERSHAM, KNAUSS & ERB, P.C. B y: an~~' F~ 's J. Laf~f~_l~,_ !V,~uire Attorney I.D. No. 84009 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Document #262328 -7- VERIFICATION The undersigned hereby certifies that he is the attorney for the Plaintiff, Geraldine L. Ozio and that the facts in the foregoing Complaint are tree and correct to the best of his knowledge, information, and belief, and that said matters relating to the Plaintiff, Geraldine L. Ozio, are as known to the undersigned as to the client, Plaintiff, Geraldine L. Ozio, said knowledge being based upon information contained in the attorney's file in this matter, and further states that false statements herein are made subject to the penalties of 18 Pa. C.S.A. {}4904 relating to unswom falsification to authorities. Dated: Document #262328 VERIFICATION I, Leonard P. Ozio, as Power of Attomey for Geraldine L. Ozio, hereby certify that the following is correct: The facts set forth in the foregoing Complaint are based upon information which I have fumished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Complaint is that of counsel and not my own. I have read the Complaint, and to the extent that it is based upon information which I have given to counsel, it is tree and correct to the best of my knowledge, information, and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. Dated: Document #262328 GERALDINE L. OZlO, Pl~intiff JENNIFER LYNN PICKEL and JOYCE M. BARLUP, Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2515 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR APPEARANCE TO: Prothonotary Please enter the appearance of Richard H. Wix, Esquire, of the firm of Wix, Wenger & Weidner, on behalf of Defendant Joyce M. Baflup in the above-captioned matter. WIX, WENGER & WEIDNER Richard H. Wix, Esq., I.D. #07274 Attorneys for Defendant Barlup 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: June 11,2003 m:\home\bqa\litigat\statefrm\pickel\entry of appearance.wpd Draft #1 June 11, 2003 Brigid Q. Al ford, Esquire Supreme Court I.D. #38590 Jeffrey E. Piccola, Esquire Supreme Corot I.D. #18018 BOSWELL, TINTNER, PICCOLA & WlCKERSHAM 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendant Jennifer L. Pickel GERALDINE L. OZIO, Plaintiff V. JENNIFER LYNN PICKEL and JOYCE M. BARLUP, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-2515 : : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE Kindly enter the appearances of Brigid Q. Alford, Esquire, and Boswell, Tmtner, Piccola & Wickersham on behalf of Defendant Jennifer Lynn Pickel. Date: Respectfully submitted, By: Brigid Q. Alford, Esq~Uire /I Supreme Court I.D. #38590U Jeffi'ey E. Piccola, Esquire Supreme Court I.D. #18018 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendant Jennifer Lynn Pickel CERTIFICATE OF SERVICE I do hereby certify that I have served a tree and correct copy of the foregoing Praecipe for Entry of Appearance by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Francis J. Lafferty, IV, Esquire Metzger, Wickersham, Knauss & Erb 3211 North Front Street Post Office Box 5300 Harrisburg, PA 17110-0300 Attorney for Plaintiff Joyce M. Barlup 505 Water Street New Cumberland, PA 17070 Date: By: GERALDINE L. OZIO, Plaintiff JENNIFER LYNN PICKEL and JOYCE M. BARLUP, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2515 CIVIL : CIVIL ACTION - LAW : NOTICE TO PLEAD To: Geraldine L. Ozio; and Francis J. Lafferty, IV, Esquire, Attorney for Plaintiff You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. Respectfully submitted, WiX, WENGER & WEIDNER Dated: 6/25/03 By Richard H. Wix, Esq., ID# 07274 Attorneys for Defendant Barlup 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 GERALDINE L. OZIO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER LYNN PICKEL and JOYCE M. BARLUP, Defendants NO. 03-2515 CIVIL CIVIL ACTION - LAW DEFENDANT JOYCE M. BARLUP'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW comes the Defendant, Joyce M. Barlup, by her attorneys, Wix, Wenger & Weidner and sets forth the following Answer with New Matter to Plaintiff's Complaint. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Denied that Defendant Barlup failed to propedy yield to oncoming traffic, but admitted that an accident occurred. 11. Denied. 12. Denied. 13. Denied. 14. Denied. 15. Denied. 16 - 19. The allegations of paragraphs 16 through 19 are not directed to the answering Defendant. 20. Defendant incorporates herein by reference her answers to paragraphs 1 through 19 of Plaintiff's Complaint. 21. Denied. 22. Denied. 23. Denied. NEW MATTER Plaintiff's claim is barred in whole or in part by the previsions of the 24. Pennsylvania Motor Vehicle Financial Responsibility Law. 25. Plaintiff's claim is barred in whole or in part by Plaintiff's contributory negligence. 26. The accident referred to in Plaintiff's Complaint occurred through no negligence of Defendant Barlup. 2 WHEREFORE, Defendant Badup demands judgment against the Plaintiff and costs of this action. Respectfully submitted, WIX, WENGER & WEIDNER Dated: 6/25/03 By Richard H. Wix, Esq., ID# 07274 Attomeys for Plaintiff 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 3 VERIFICATION I, Joyce M. Barlup, have read the foregoing Defendant Badup's Answer with New Matter to Plaintiff's Complaint which has been drafted by my counsel. The factual statements and/or denials contained therein are true and correct to the best of my knowledge, information and belief. I am authorized to make this verification. This verification is made only as to the factual averments contained therein and not to legal conclusions and averments authorized by counsel in his capacity as attorney for the party or parties hereto. This verification is made subject to the penalties of 18 PA. C.S. Section 4904, relating to unsworn falsification to authorities which provides that, if I knowingly made false averments, I may be subject to criminal penalties. Date: (.~"' Jgyce M. [3adup /' -- CERTIFICATE OF SERVICE AND NOW, this 25th day of June, 2003, I, Gaye Crist, an employee of the firm of Wix, Wenger & Weidner, attorneys for Defendant Badup, hereby certify that I served the within Defendant Joyce M. Badup's Answer with New Matter to Plaintiffs Complaint this d ate b y depositing a copy o f same i n t he United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Francis J. Lafferty, IV Metzger Wickersham P.O. Box 5300 Harrisburg, PA 17110-0330 Bddgett Q. Alford, Esquire Boswell, Tintner, Piccola & Wickersham P.O. Box 741 Harrisburg, PA 17108-0741 WiX, WENGER & WEIDNER Gaye Crist Bfigld Q. Al ford, Esquire Supreme Court I.D. #35590 Jeffi'ey E. Piccola, Esquire Supreme Court I.D. #18018 BOSWELL, TINTNEIL PICCO[A & WlCKERSHAM 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendant Jennifer Lynn Pickel GERALDINE L. OZIO, Plaintiff V. JENNIFER LYNN PICKEL and JOYCE M. BARLUP, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA _. : No. ©'3- ~15~ e.~;t _. _. : JURY TRIAL DEMANDED : : CIVIL ACTION - LAW NOTICE TO PLEAD TO: Geraldine L. Ozio C/O Francis J. Lafferty, IV, Esquire Metzger, Wickersham, Knauss & Erb 3211 North Front Street Post Office Box 5300 Harrisburg, PA 17110-0300 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Date: BOSWELL, TINTNER, PICCOLA & WICKERSHAM By: B~A~I fo ''~'' ~ 'g' Q. ord, Eiquire/) Bdgld Q. Al ford, Esquire Supreme Court I.D. #38590 Jeffrey E, Piccola, Esquire Supreme Court I.D. # 18018 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 North Front SU*eet Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for D~fcndant Jennifer Lynn Pick¢l GERALDINE L. OZIO, Plaintiff V. JENNIFER LYNN PICKEL and JOYCE M. BARLUP, Defendants : IN THE COUR'r OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ._ : No. 03- 2~-~5' : : : JURY TRIAL DEMANDED : : CIVIL ACTION - LAW NOTICE TO PLEAD TO: Joyce M. Barlup C/O Richard H. Wix, Esquire Wix, Wenger & Weidner, P.C. 4705 Duke Street Harrisburg, PA 17109-3099 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. BOSWELL, T1NTNER, PICCOLA & WICKERSHAM Date: By: Brigid Q.~Alford,'Esqt~e m:\home\bqa\litigat\statefi-m!pickel\ANSWER MTR.wpd Draft #1 June 26, 20,03 Bfigid Q. Alford, Esquire Supreme Courl I.D. #38590 Jeffrey E. Piccola. Esquire Supreme Court I.D. #18018 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 North Front Street Post O~ce Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendant Jennifer Lynn Pickel GERALDINE L. OZIO, Plaintiff V. JENNIFER LYNN PICKEL and JOYCE M. BARLUP, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03- 1ff' _- : : JURY TRIAL DEMANDED : : CIVIL ACTION - LAW DEFENDANT PICKEL'S ANSWER TO COMPLAINT WITH NEW MATTER AND CROSS-CLAIM AGAINST DEFENDANT BARLUP PURSUANT TO PA. R.C.P. NO. 2252(d) Defendant Jennifer Lynn Pickel, by her attorneys, Brigid Q. Alford, Esquire and Boswell, Tinmer, Piccola & Wickersham, answers PlaintiWs Complaint, as follows: 1. Defendant Pickel is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 1; the same are therefore denied and proof thereof demanded. 2. Admitted, with the clarification that Defendant Piclkel has now married and now uses the name Jennifer Krause. 3. Defendant Pickel is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 3; the same are therefore denied and proof thereof demanded. 5. 6. 7. 8. 9. Admitted. Admitted. Admitted. Admitted. Admitted. Denied that Defendant Barlup was traveling north on South Tenth Street; to the contrary, she was traveling on the Highland Park exit ramp of 1-83 South in Lemoyne. As to the averments of Defendant Barlup's intentions, Defendant Pickel is without knowledge or information sufficient to form a belief as to the truth of those averments; the same are therefore denied and proof thereof demanded. 10. Admitted that, on the aforesaid date and time, Defendant Barlup failed to yield to oncoming traffic properly, and Defendant Pickel's vehicle. Denied that Defendant Pickel failed to yield to oncoming traffic properly, or that she struck another vehicle. As to the allegations of injury to Plaintiff, Defendant Pickel is without knowledge or information sufficient to form a belief as to the troth of those averments; the same are therefore denied and proof thereof demanded. 11. Paragraph 11 sets forth a conclusion of law to which no response is required. 12. The allegations of negligence set forth conclusions of law to which no response is required. As to the allegations of causation and injury, Defendant Pickel is without knowledge or information sufficient to form a belief as to the truth of those averments; the same are therefore denied and proof thereof demanded. -2- 13. The allegations of negligence set forth conclusions of law to which no response is required. As to the allegations of causation and injury, Defendant Pickel is without knowledge or information sufficient to form a belief as to the truth of those averments; the same are therefore denied and proof thereof demanded. 14. The allegations of negligence set forth conclusions of law to which no response is required. As to the allegations of causation and injury, Defendant Pickel is without knowledge or information sufficient to form a belief as to the troth of those averments; the same are therefore denied and proof thereof demanded. 15. The allegations of negligence set forth conclusions of law to which no response is required. As to the allegations of causation and injury, Defendant Pickel is without knowledge or information sufficient to form a belief as to the truth of those averments; the same are therefore denied and proof thereof demanded. ANSWER TO COUNT I Plaintiff v. Defendant Jennifer Lynn Pickel 16. Defendant Pickel incorporates herein by reference her answers to Paragraphs 1-15, above. 17. The allegations of negligence and causation set forth conclusions of law to which no response is required. As to the averments of fact, Defendant Pickel: (a)Denies that she failed to stop at a traffic light in violation of 75 Pa.C.S.A. Section 3112; (b) Denies that she failed to yield the right of way to Defendant Barlup's vehicle in violation of 75 Pa.C.S.A. Section 3323; -3- (c) Denies that she failed to obey traffic control devices in violation of 75 Pa.C.S.A. Section 3111; (d) Denies that she failed to observe the roadway ahead for the presence of other vehicles and for traffic control devices; (e) Denies that she failed to slow or stop the vehicle she was operating so as to avoid a collision; Denies that she failed to apply the brakes to the vehicle she was operating or take other evasive action to avoid the collision with Defendant Barlup's vehicle; (g) Denies that she failed to maintain adequate control of the vehicle she was operating in order to avoid a collision; Denies that she failed to give warning to Plaintiff of her impending collision with Defendant Barlup's vehicle; (i) Denies that she operated her vehicle in careless disregard for the safety of persons and/or property in violation of 75 Pa.C.S.A. Section 3714; (J) Denies that she failed to keep her vehicle under proper and adequate control so as not to expose other users to unreasonable risk of harm; (k) Denies that she failed to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; and (1) Denies that she operated a vehicle when she did not have proper training or skill to operate a vehicle. 18. Paragraph 18 sets forth a conclusion of law to which no response is required. 19. Paragraph 19 sets forth a conclusion of law to which no response is required. WHEREFORE, Defendant Pickel demands that judgment be entered in her favor and against the Plaintiff. -4- above. 20. ANSWER TO COUNT II Plaintiff v. Defendant Jovce M. Barlup Defendant Pickel incorporates herein by reference her answers to Paragraphs 1-19, 21-23. Paragraphs 21-21 are directed to a party other than Defendant Pickel and require no answer from her. WHEREFORE, Defendant Pickel demands that judgment be entered in her favor and against the Plaintiff. NEW MATTER Plaintiff fails to set forth a claim against Defendant Pickel upon which relief can be 24. granted. 25. Defendant Pickel incorporates herein by reference the allegations and factual averments set forth in her New Matter Directed to Defendant Barlup, infra. 26. The applicable statute of limitations may serve to bar Plaintiffs claims. 27. Defendant Pickel incorporates herein by reference the allegations set forth in Paragraph 21 (a)-(1) of Plaintiff's Complaint. 28. Plaintiffs alleged injuries and damages, if any, were caused in whole or in part by the acts, omissions and conduct of others over whom Defendant Pickel had no control. 29. The direct and proximate cause of any inj nries and damages suffered by Plaintiff was the negligence, carelessness, recklessness or other culpable conduct of others in failing to exercise -5- that degree of care that a reasonably prudent person would have exercised under the same or similar circumstances. 30. The negligent, careless, reckless, or otherwise culpable acts or omission of other individuals or entities constituted intervening, superseding causes of the injuries and damages alleged by Plaintiff. 31. Pennsylvania's Comparative Negligence Act and the doctrine of contributory negligence bars all or part of Plaintiff's claims and may serve to limit or reduce any verdict in this matter, that Plaintiff knew or should have known that Defendant Barlup was incapable of operating her vehicle safely and prudently on the day of the accident at issue. 32. Plaintiff Geraldine L. Ozio assumed the risk of the alleged accident and injuries by choosing to ride with Defendant Barhip on the day of the accident at issue. Knowing that Defendant Barlup was incapable of operating her vehicle safely and prudently. 33. Defendant Pickel entered the intersection of Louther and Tenth Streets, Lemoyne at a time when the controlling traffic signal had illuminated a green "left turn only" arrow in her favor. WHEREFORE, Defendant Pickel demands judgment be entered in her favor and against the Plaintiff and co-defendant, with costs of suit. NEW MATTER IN NATURE OF CROSS CLAIM AGAINST DEFENDANT BARI.UP PURSUANT TO PA. R.C.P. NO. 2252(d) 34. Defendant Pickel incorporates herein by reference her Answers and New Matter set forthin to Paragraphs 1- 33, above. -6- 35. At or about the times and places averred in Plaintiff' s Complaint, Defendant Barlup was operating her 1989 Oldsmobile Calais on the Highland Park exit ramp from 1-83 South. 36. The sole, direct and proximate cause of any damages and losses suffered by Plaintiff was Defendant Barlup's operation of and failure to control the 1989 Oldsmobile Calais. 37. Pursuant to Pa.R.C.P. No. 2252(d), Defendant Barlup is alone liable to the Plaintiff, or is liable over to Defendant Pickel, or is jointly or severally liable to Plaintiff Ozio. WHEREFORE, Defendant Pickel demands, as to Defendant Barlup, a judgment that Defendant Barlup is: (1) (2) (3) solely liable on Plaintiff's cause of action; or liable over to Defendant Pickel on Plaintiff's cause of action; or jointly or severally liable with Defendant Pickel on Plaintiff, s cause of action. Respectfully submitted, By: Bri~id Q~. Alford, Es~{~ire Supreme Court I.D. g'38590 Jeffrey E. Piccola, Esquire Supreme Court I.r). # 18018 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendant Jennifer Lynn Pickel Date: VERIFICATION I, Jennifer Lynn Pickel, hereby verify that the facts contained in the foregoing Defendant Pickel's Answer to Plaintiff's Complaint with New Matter are tree and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Date: CERTIFICATE OF SERVICE I do hereby certify that I have served a tree and correct copy of the foregoing Defendant Pickel's Answer to Complaint with New Matter and Cross-Claim Against Defendant Barlup Pursuant to Pa. R.C.P. No. 2252(d) by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Francis J. Lafferty, IV, Esquire Metzger, Wickersham, Knauss & Erb 3211 North Front Street Post Office Box 5300 Harrisburg, PA 17110-0300 Attorney for Geraldine L. Ozio Richard H. Wix, Esquire Wix, Wenger & Weidner, P.C. 4705 Duke Street Harrisburg, PA 17109-3099 Attorney for Joyce M. Barlup By: t Bri~id Q. A'lfordl~squire Date: GERALDINE L. OZIO, Plaintiff : : JENNIFER LYNN PICKEL and, : JOYCE M. BARLUP, : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-2515 CIVIL JURY TRIAL DEMANDED PLAINTIFF, GERALDINE L. OZIO'S REPLY TO DEFENDANT, JOYCE M. BARLUP'S NEW MATTER 24. Conclusion of law, no reply required. If a reply is required, the averments are denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, Plaintiff's claims are not barred and/or limited by any applicable provision of the Pennsylvania Motor Vehicle Financial Responsibility Law. Moreover, Defendant has failed to specify why Plaintiff's claims will be barred by the Pennsylvania Motor Vehicle Financial Responsibility Law. 25. Conclusion of law, no reply required. If a reply is required, the averments are denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, Plaintiff, Geraldine L. Ozio, was not negligent in any manner. By way of further response, Plaintiffincorporates herewith as if fully set forth Plaintiff's Complaint filed in this matter. 26. Conclusion of law, no reply required. If a reply is required, the averments are denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, Plaintiff incorporates herewith as if set forth in its entirety the Plaintiff's Complaint filed in this matter. 283690 WHEREFORE, Plaintiff, Geraldine L. Ozio, demands that Defendant, Joyce M. Barlup's New Matter be dismissed and that judgmem be entered in her favor as requested in the Complaint filed in this action. Dated: June 27, 2003 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: ~~r F e Attorney I.D. No. 84009 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff 283690 -2- VERIFICATION The undersigned hereby certifies that he is the attorney for the Plaintiff, Geraldine L. Ozio, and that the facts in the foregoing Plaintiff, Geraldine L. Ozio's Reply to Defendant, Joyce M. Barlup's New Matter are tree and correct to the best of his knowledge, information, and belief, and that said matters relating to the Plaintiff, Geraldine L. Ozio, are as known to the undersigned as to the client, Plaintiff, Geraldine L. Ozio, said knowledge being based upon information contained in the attorney's file in this matter, and further states that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. Francis J. Lafferty, IV Dated: June 27, 2003 283690 CERTIFICATE OF SERVICE I, Francis J. Lafferty, IV, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a tree and exact copy of the Plaintiff, Geraldine L. Ozio's Reply to Defendant, Joyce M. Barlup's New Matter with reference to the tbregoing action by first class mail, postage prepaid, this 27th day of June, 2003, on the following: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 Brigid Q. Alford, Esquire Boswell, Tinmer, Piccola & Wickersham P.O. Box 741 Harrisburg, PA 17108-0741 283690 GERALDINE L. OZIO, Plaintiff JENNIFER LYNN PICKEL and, JOYCE M. BARLUP, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-2515 CIVIL JURY TRIAL DEMANDED PLAINTIFF, GERALDINE L. OZIO'S REPLY TO DEFENDANT~ JENNIFER LYNN PICKEL'S NEW MATTER 24. Conclusion of law, no reply required. If a reply is required, the averments are denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, the Plaintiff has stated causes of action upon which relief can be granted as set forth in the Complaint filed in this action which is incorporated herein by reference as if fully set forth. 25. Without admission, Defendant Pickel's New Matter directed to Defendant Barlup speaks for itself. 26. Conclusion of law, no reply required. If a reply is required, the averments are denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, Plaintiffhas brought her claims within the applicable statute of limitations. 27. Without admission, the Plaintiff's Complaint speaks for itself. 28. Conclusion of law, no reply required. If a reply is required, the averments are denied pursuant to Pa. R.C.P. No. 1029(e) and No. 1030 (note)~ By way of further reply, Plaintiff, Geraldine L. Ozio, was not negligent in any manner and answering Defendant has failed to specify the "others" who may have caused Plaintiff's injuries. Furthermore, answering Defendant has failed to specify what acts or omissions on the part of the Plaintiff and/or 283925 "others," allegedly caused in whole or in part PlaintiWs injuries and damages and therefore, Plaintiff cannot fully reply. 29. Conclusion of law, no reply required. Ifa reply is required, the averments are denied pursuant to Pa. R.C.P. No. 1029(e) and No. 1030 (note). By way of further reply, answering Defendant has failed to specify the "others" who may have caused Plaintiff s injuries. Furthermore, answering Defendant has failed to specify what "negligence, carelessness, recklessness or other culpable conduct of others" allegedly caused in whole or in part Plaintiffs injuries and damages and therefore, Plaintiff cannot fully reply. By way of further reply, Plaintiff incorporates herewith as if fully set forth the Complaint filed in this matter. 30. Conclusion of law, no reply required. If a reply is required, the averments are denied pursuant to Pa. R.C.P. No. 1029(e) and No. 1030 (note). By way of further reply, answering Defendant has failed to specify the "other individuals or entities" who may have caused PlaintiWs injuries. Furthermore, Defendant has failed to specify what negligent, carelessness, recklessness or otherwise culpable acts or omission of "other individuals or entities" constituted intervening and/or superseding causes in whole or in part of PlaintiWs injuries and damages and therefore, Plaintiffcannot fully reply. By way of further reply, Plaintiff incorporates herewith as if fully set forth the Complaint filed in this matter. 31. Conclusion of law, no reply required. If a reply is required, the averments are denied pursuant to Pa. R.C.P. No. 1029(e) and No. 1030 (note). By way of further reply, Plaintiff, Geraldine L. Ozio, was not negligent in any manner. By way of further reply, Plaintiff incorporates herewith as if fully set forth the Complaint filed in this matter. 283925 -2- 32. Conclusion of law, no reply required. Ifa reply is required, the averments are denied pursuant to Pa. R.C.P. No. 1029(e) and No. 1030 (note). By way of further reply, Plaintiff, Geraldine L. Ozio, did not assume any risk on the date of the accident. By way of further reply, Plaintiff incorporates by reference as if fully set forth herein the Complaint filed in this matter. 33. Conclusion of law, no reply required. If a reply is required, the averments are denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, Plaintiff incorporates herein by reference as if fully set forth the Complaint filed in this matter. 34-37. Paragraphs 34 through 37 are directed to a party other than Plaintiff, Geraldine L. Ozio, and require no answer from her. Ifa reply is required, the averments are denied pursuant to Pa. R.C.P. No. 1029(e) and No. 1030 (note). By way of further reply, Plaintiff incorporates by reference as if fully set forth heroin the Complaint filed in this matter. 283925 -3- WHEREFORE, Plaintiff, Geraldine L. Ozio, demands that Defendant, Jennifer Lynn Pickel's New Matter be dismissed and that judgment be entered in her favor as required in the Complaint filed in this action. Dated: METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Fr~~re Attorney I.D. No. 84009 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaimiff 283925 -4- VERIFICATION I, Leonard P. Ozio, as Power of Attomey for Geraldine L. Ozio, hereby certify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Dated: 284325-I VERIFICATION The undersigned hereby certifies that he is the attomey for the Plaintiff, Geraldine L. Ozio, and that the facts in the foregoing Plaintiff, Geraldine L. Ozio's Reply to Defendant, Jennifer Lynn Pickel's New Matter are tree and correct to the best of his knowledge, information, and belief, and that said matters relating to the Plaintiff, Geraldine L. Ozio, are as known to the undersigned as to the client, Plaintiff, Geraldine L. Ozio, said knowledge being based upon information contained in the attorney's file in this matter, and further states that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to nnswom falsification to authorities. Dated: 283925 CERTIFICATE OF SERVICE I, Francis J. Lafferty, IV, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of the Plaintiff, Geraldine L. Ozio's Reply to Defendant, Jennifer Lynn Pickel's New Matter with reference to the foregoing action by first class mail, postage prepaid, this /l/~' day of July, 2003, on the following: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 Brigid Q. Alford, Esquire Boswell, Tinmer, Piccola & Wickersham P.O. Box 741 Harrisburg, PA 17108-0741 Fr{mcis J. Laff~, E~u~re 283925 SHERIFF'S RETURN - CASE NO: 2003-02515 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OZIO GERALDINE L VS PICKEL JENNIFER LYNN ET AL OUT OF COUNTY R. Thomas Kline , duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: BARLUP JOYCE M but was unable to locate Her deputized the sheriff of YORK Sheriff or Deputy Sheriff who being search and in his bailiwick. County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On July 1st , 2003 attached return from YORK Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep York County 34.40 .00 59.40 07/01/2003 METZGER WICKERSFIAM Sworn and subscribed to before me this /0 ~ day of ~j A.D. Prothonotary ~ __ , this office was in receipt of the So answers: ~j ~ R. Thomas Kline / Sheriff of Cumberland County SHERIFF ' S CASE NO: 2003-02515 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OZIO GERALDINE L VS PICKEL JENNIFER LYNN ET AL RETURN - REGULAR ROBERT BITNER , Cumberland County, Pennsylvania, who being duly says, the within COMPLAINT & NOTICE was PICKEL JENNIFER LYNN DEFENDANT , at 1846:00 at 503 TERPJtCE DRIVE NEW CUMBERLAND, PA 17070 JENNIFER PICKEL a true and attested copy of Sheriff or Deputy Sheriff of sworn according to law, served upon the HOURS, on the 2nd day of June , 2003 by handing to COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.73 Affidavit .00 Surcharge 10.00 .00 39.73 Sworn and Subscribed to before me this 7~ J day of ~p r~o~.3_5 A.D. So Answers: R. Thomas Kline 07/01/2003 METZGER WICKERSFIAM COUNTY OF YORK OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN SERVICE CALL (717) 771-9601 Geraldine L. Ozio 3 DEFENDANT/S/ Jennifer Lynn Pickel et al SERVE [" 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO SE LEVIED, ATTACHED, OR SOLD Joyce M. Barlup 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORO, TVYP, STATE AND ZIP CODE) AT 505 Water Street New C%rnberland, PA 17070 7 INDICATE SERVICE: ~ PERSONAL r~ PERSON iN CHARGE ~1 DEPUTIZE ~ CERT. MAiL ~ 1S/CLASS MAIL ~ POSTED ~ OTHER NOW May 29 ,20 03 I, SHERIFF (~"~UNTY, PA, do hereby deputize..~the sheriffof York COUNTY to execute this.~rJt a.~t~d ~ return th. affording to law. This deputization being made at the request and risk of the plaintiff. 8 SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: OUT OF COUNTY CUNBERLAND ADVANCED FEE PAID BY ATTY 2. COLIRT NUMBER 03-2515 civil 4. TYPE OF WRIT OR COMPLAINT Notice & Ccn~plaint, Request for Prod of Doct~nents. Interrogatori, NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9 TYPENAMEandADDRESSofAI~ORNEYIORIGINATORandSIGNATURE 17110 ~10. TELEPHONE NUMBER 11 DATEFILED ~4ETZGER WIC[CERSHAM 3211 N. FRONT ST. PO BOX 5300HBG, 'm~A 238-8187 5-28-03 francis La Ttorl:y · 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed), CUMBERLAND CO SHERIFF 13. I acknowledge receipt of the writ 14 DATE RECEIVED ) 15. Expiration/Hearing Date or complaint as indicated above. RD AHRENS 6-2-03 I 6-27-03 16 HOW SERVED: PERSONAL ( ) RESIDENCE ~ POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ~ SEE REMARKS SELOW 17. r~ I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc named above (See remarks below.) 3 'T~ME A~)~IN'~'~''~i;IE~D~/LISTADDRESS HERE~0'-~i~'~H;WI~'-~ (;elT~'~nship t°~fe;ant) I D T t~el~ ~c,~¢e 20ijn~,~._~SeFvice AREMAR~/~'EMP~/F~es~nt'~teKS' ~'~ ~ Time Mile, Int IDate Time Mile, Int. ID,,e Time Miles Iht i at, im )Miles Int. IOate Time Mile, Int 22 23. Advance Costs 24. Service Costs 25. N/F26 Mileage Postage 28 32Sub. Tota140 29 Pound 302Nota~Yo 00 75.00 18.00 14.4027 34. Foreign County Costs J 35. Advance Costsl 36. Service Costs )37, Notary Cert. I 38 Mileage/Postage/Not Found I 39. Total Costs 41. AFFIRMED and subscribed to before me this 26t13. ~~RS I~)~ M. HxOS~_ SHERIFF' 40. Slgnatureof or ~Mv Co~mlsaion Exp res Mar. 21, 2005 ~ 48 Signature of Foreign County Shedff 50 I ACKNOV~I-EDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORIT~ AND TITLE 1 WHITE - Issuing Authority 2. PINK-Attorney 3 CANARY - Sheriffs Office 4 BLUE- Sheriffs Office 34.40 $40.60 40 Costs Due or Refund 47. DATE 6/26/03 49 DATE 51 DATE RECEIVED Bfigid Q. Alford, Esquire Supreme Court I,D. #38590 BOSWELL, TINTNEIL PICCOLA & WICKERS HAM 31 $ North Front Street Post Office Box 741 Hartisbur~ P~nnsylvania 17108-0741 At~meys for Defendant Jennifer Ly~n Piekel GERALDINE L. OZIO, Plaintiff V. JENNIFER LYNN PICKEL and JOYCE M. BARLUP, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ._ : No. 03-2515 ._ ._ : JURY TRIAL DEMANDED : : CIVIL ACTION - LAW CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendants certify that: (1) A Notice of Intent to serve the subpoenas with copies of the subpoenas attached thereto was mailed to Plaintiff's counsel on August 19, 2003, at least twenty days prior to the date on which the subpoenas are sought to be served. (2) A copy of the notice of intent, including the proposed subpoenas, is attached to this certificate, marked as Exhibit A. (3) No obj ection to the subpoenas has been received. Counsel for Plaintiff and Defendant Barlup have waived the 20 day waiting period. (4) The subpoenas which were served are identical to the subpoenas which are attached to the notice of intent to serve the subpoenas. Respectfully submitted, By: Brigid Q. A.lford, E~uire/) Supreme Court #38590 ~ Jeffrey E. Piccola, Esquire Supreme Court # 18018 Boswell, Tintner, Piccola & Wickersham 315 North Front Street Harrisburg, PA 17101 (717) 236-9377 Attorneys fi>r Defendant Jennifer Ly~an Pickel Date: September 8, 2003 Bfigid Q. Al ford, Esquire Supreme Court I.D. #35590 BOSWELL, TINTNER~ PICCOLA & W1CKERSHAM 315 Noah Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendant Jennifer Lynn Pickel GERALDINE L. OZIO, Plaintiff V. JENNIFER LYNN PICKEL and JOYCE M. BARLUP, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : :No. 63-, : : : JURY TRIAL DEMANDED : Defendants : CIVIL ACTION - LAW NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant Jennifer Lynn Pickel, intends to serve subpoenas identical to the ones that are attached to this notice upon the following: 1. Orthopedic Institute of Pennsylv~raia 2. Everett Hills, M.D. - P.R.I.S.M. 3. Creston Herold, M.D. - West Shore Family Practice You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. Respectfully submitted, DATE: August 19, 2003 Brig~d Q. Alford, F~quire Attorneys for Defeiidant Pickel COMMONWEALTH OF PENNSYLVANIA coUNTY OF CUMB=-RLANO GERALDINE L. OZIO, Plaintiff v. File No. JENNIFER LYlqN PICKEL and JOYCE M. BAi~LUP, Defendants SUBPOENATO pF[ODUCE DOCUMENTS OF[THINGS FOR DISCOVERY PURSUANTTO RUL:E 4009.22 Orthopedic Institute of Pennsylvania 03-2515 Adtnin ~wea~ (20) days after semite of this subpoena, you are ordered by the court ~o produce the fcllcwing dccumen~s or thimgs: Copies of any and all medical.recor ~-- referrals, etc. for Geraldine L. Ozio, date-of-~irth Dy S$~203-10-8200, from Jan. 1, 1990 to_~esent. 315 North Front Street Har ' (Adcress) · , ¢;~-' copies of the dccum=nfs cr pr=duce things recuested bv this subpoena, together '¢cu may Ceiiver cr mad ,e~.~e ' .vim the certificate c; comph=c, ce, to the parW making this reCues~ a~ ~he address lis~ed ~cve. You have the righ~ seek in acvanCe ~he re~sonabIe cost cf preparing ~ne copies or praduclng ~ne (hin~s sought. .... ~ ,~.~ r-~uir-~ bv *hi~ subsovm~ within ~ve~W (20) days a~er its sar'vice, ~ ~ "-- ~'~C=;hed~cM,,:e~saru'h'~ =~' =- ~' - ' ' .-- y~u ,a, ~ pr .... . ..... ,. ..... - -r~=r ccm2ellin~ you t.O comply wl(n it. T;-;5 FOLLO'¢.qNG PEF[SON: T;~{S ~UBr-O:N,-, WAS ISSUS,D AT TH.-' F[=,-QU~ST OF ~,iame Brigid Q- Alford, Esquire ,~_ _. 315 N- Front St-, P.O. Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Scsreme Court lO ~ 38590 ~ ~crnev For: Defendant Jennifer Lyrm Pickel lSeal of bhe Ccur~ BY THE COUF[T: _ ,. -- ( OepurY (Eft. 7/~7) COMMONWEALTH OF PENNSYLVANIA COUNTY OF cUMBERLAND GERALDINE L. OZIO, Plaintiff VD JENNIFER LYNN PICKEL and File No. JOYCW. M. BARLUP, Defendants SUBPOENATO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE-' 4009.22 p.R.I.S.M. - Everett Hills, M.D. 03-2515 TO: (Name at Person or Within ~en~ (20) days a~er se~ice of this subpoena, you are ordered by the court To produce the following documents or things: . Copies of any and all medical.recor referrals, etc. for Geraldine L. Ozio, date-of-birth No . SS%203-10-8200, from Jan. 1, 1990 to,resent. 315 North Front Street Harr' (Ad"ress) You ,,may deliver or mail legible copies of the documents or produce things requested by this subpoena, toge,.her mtn the certificate of com~Jianc~, :o the par~ making this request at ~he address listed a~ave. You have the dgh~ :: seek in acvanc~ ~he reasonable cos~ of preparing the copies or producing the things sought. if you fail ~o produce the documents or th~ngs required by this subpoena within ~¢enW (20) days a~er its sar'vice, :ne parW serving mis subpoena may seek a cour~ order compelling you to comply wire iL THiS SUBPOENA WASISSUEDATTHE REQUEST OF THE FOLLOWING PERSON: ~iame Brigid Q. Alford, Esquire &ddress: 315 N. Front St., P.O. Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 ~u0reme Cour~ iD; 38590 &:~crnev For: Defend-ant Jennifer Lynn Pickel ' Seal of the Cour~ BY THE COURT: /1 -- p rcthonatary/Olerk(~vl Oivisi~"n (Eft. 7/97) COMMONWEAL~ OF pENNSYLVANIA cOUNTY OF cUMBERLAND GEI~/LLDINE L. OZIO, Plaintiff v. File No. JENNIFER LYI~N PICKEL and JOYCE M. BARLUP, Defendants sUBPOENATO PROOUCE DOCUMENTS ORTHINGS FOR DISCOVERY pURSUANTTO RULE 4.009.22 West Shore Family Practice - Creston Eerold, M.D. 03-2515 ,;/i~.,~in ~¢ven~ (20) days ~her sa~ice of this subpoena, you are ordera~ by the c=u~ to produce t~e following documents or tni~s: . Copies of any and all medical .recor referrals, etc. for ~raldine L. Ozio, date-of~irth N SS~203-t0-8200, from Jan. 1, 1990 to,resent. =~ 315 North Front Street ~arri -, -- (Address) You may detiver or ~ail [e~[bie copies of ~he documents or ~rcduce things re~ues:ad by ~his subpoena, together ,,.,itn the cerdfics:e of c=mofiamce, :o ~e parW makin~ this reques~ a~ :~e address lis~ed ~ove. You have ~he right ' , - ; the cccies or 2reducing ~he things sought. ;c seek [n advance ~he reascnacle ccs~ 0, :2e parw ser'/i~g this subpoena m~y seek a cour~ order ccmSelling you *o comp y wi~h THIS SUBPOENA WASISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Hame Brigid Q. Alford, Esquire &cdress: 315 N. Front St., P.O. Box 741 Harrisburg, PA 17108-0741 -e eohone (717) 236-9377 _=u-.rome Court lO ~ 38590 ; .'.ornev For: Defendant Jennifer Lynn Pickel Seal of the Ccur~ 8Y THE COURT: /¢ - prc rhino ta~7/~erk.&~il Division . Oe uW (Eft. 7/9?') CERTIFICATE OF SERVICE I do hereby certify that I have served a tree and correct copy of the foregoing Defendant's Notice of Intent to Serve Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 by first-class United States mail upon the following parties at the addresses set forth below: Francis J. Lafferty, IV, Esquire Metzger, Wickersham, Knauss & Erb 3211 North Front Street Post Office Box 5300 Harrisburg, PA 17110-0300 Attorney for Geraldine L. Ozio Richard H. Wix, Esquire Wix:, Wenger & Weidner, P.C. 470:5 Duke Street Harrisburg, PA 17109-3099 Attorney for Joyce M. Barlup "'IJ~ise L. Foster, Paralegal Date: August 19, 2003 CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Defendant's Notice of Intent to Serve Subpoenas to Produce Documents and 'things for Discovery Pursuant to Rule 4009.21 by first-class United States mail upon the following parties at the addresses set forth below: Francis J. Lafferty, IV, Esquire Metzger, Wickersham, Knauss & Erb 3211 North Front Street Post Office Box 5300 Harrisburg, PA 17110-0300 Attorney for Geraldine L. Ozio Richard H. Wix, Esquire Wix, Wenger & Weidner, P.C. 4705 Duke Street Han'isburg, PA 17109-3099 Attorney for Joyce M. Barlup Denise L. Foster, Paralegal Date: September 8, 2003 GERALDINE L. 0ZIO, Plaintiff JENNIFER LYNN PICKEL and, JOYCE M. BARLUP, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-2515 C1VIL JURY TRIAL DEMANDED PLAINTIFF'S PRAECIPE TO DISCONTINUE Kindly mark the above action by Plaintiff, Geraldine L Ozio, discontinued. Dated: March 10, 2004 METZGER, WlCKER~j~I~AM, KNAUSS & ERB, P.C. By: Fra~/cis j. ~~ef~ Attorney I.D. No. 84009 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attomeys for Plaintiff 300257-1 CERTIFICATE OF SERVICE I, Francis J. Lafferty, IV, Esquire, of the law finn ofMetzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of Plaintiff's Praecipe to Discontinue with reference to the foregoing action by first class mail, postage prepaid, this 10th day of March, 2004, on the following: Brigid Q. Alford, Esquire Boswell, Tintner, Piccola & Alford P.O. Box 741 Harrisburg, PA 17108-0741 Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 30~5~1