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HomeMy WebLinkAbout01-04951 ~hnson, Duffie, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 Attorneys for Plaintiff RICHARD W. TURNER and DONNA MARIE TURNER 551 South Third Street Lemoyne, PA 17043, Plaintiff v. BRANDON N.MURRAY 2248 Orchard Road Camp Hill, PA 17011 and CHRISTINE L. KING 2848 Bank Street Harrisburg, PA 17110, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTYnPENN/SYLVANIA CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: AND NOW, this 2z~ day of August 2001, issue summons on behalf of Plaintiffs Richard W. Turner and Donna Marie Turner against Defendants Brandon N. Murray and Christine L. King, and cause the same to be served forthwith at the last known addresses of the Defendants, to wit: Brandon N. Murray 2248 Orchard Road Camp Hill, PA 17011 :148117 Christine L. King 2848 Bank Street Harrisburg, PA 17110 JOHNSON, DUFFIE~STEWaART & WEIDNER Micha I .Cassidy ~ `. ~ ~ ~a -l ~ Ili T: -3 ~~~ fl, f. r ~ ~. ~ ,~ ,~ ~ {~ _y (~ I~ Zt (~ ~ ter' .. -~ ~~ `; -~ -r Commonwealth of Pennsylvania County of Cumberland Richard W. Turner and Donna Marie Turner 551 South Third Street Lemoyne, PA 17043 vs. Brandon N. Murray 2248 Orchard Road Camp Hill, PA 17011 Court of Conunon Pleas and No 01.4951 Civil Tenn ------------------------ 19---- Christine L. King 2848 Bank Street In _____Civil_ACtion _ Law ---------------------- Harrisburg, PA 17110 To _$ransl~I1_N.,_ltd7~'s3y_aRd_~ZiStJSl@_I,x_King You are hereby notified that Richard W. Turner and Donna Marie Turner the Plaintiff -has commenced an action in ________Civil Action_ =Law __________________________ against you which you are required to defend or a default judgment may be entered against you. (SEAL ) Date ___AUgust 23,-2001_--_---- 19_-_- •--------Clgtis R_-I'Ong---------------- °----- Prothonotary Deputy CC a r~ ro Woo C7~~ Or~7n N AN % ~~ F-' ca ~ ~~ C7 y rn G ~o i-n~ m O N N N a W r t ~ a ~, m ~' H n C n rr 0 m C4 ~ ~ ~ N ao~ co a ¢ ~~5 ~°O ~ xm ~~z ~ m a ~ ~mx ~ t J` W o"C r r o r ~~ ~ h to ~ (] °~~ w ~ n c~~oa g a m H A 0 r r Cl C N m co r ~~ SHERIFF'S RETURN - NOT FOUND ~ ~ CASE NO: 2001-04951 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RICHARD W ET AL VS MURRAY BRANDON N ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT MURRY BRANDON N but was unable to locate Him in his bailiwick. He therefore returns the WRIT OF SUMMONS NOT FOUND as to the within named DEFENDANT MURRY BRANDON N PER POST OFFICE, BRANDON MURRAY MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: So a s: Docketing 18.00 Service 9.75 Affidavit .00 ~~ omas Kline Surcharge 10.00 h iff of Cumberland County .00 37.75 JOH S DUFFIE STEWART & WEIDN 09/ /2001 Sworn and subscribed to before me this /q ~ day ofL~~ -2 frQ~ A.D. ~~ n 7~~ ,T,~~ P othonotary SHERIFF'S RETURN - OUT OF COUNTY i ~ . CASE NO: 2001-04951 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TURNER RICHARD W ET AL VS MURRAY BRANDON N ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: KING CHRISTINE L but was unable to locate Her deputized the sheriff of DAUPHIN serve the within WRIT OF SUMMONS County, Pennsylvania, to On September 17th 2001 this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co. 6.00 9.00 10.00 29.25 .00 54.25 09/17/2001 JOHNSON DUFFIE Sworn and subscribed to before me this /q~`' day of ~atsv A . D . may, Prothonotary- in his bailiwick. He therefore So iff of Cumberland County T & WEIDN ., Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717)255-2660 fax: (717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin TURNER RICHARD Td ET AL vs KING CHRISTINE L Sheriff's Return No. 2434-T - - -2001 OTHER COUNTY N0. 01-4951 J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief DepuTy I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for KING CHRISTINE L the DEFENDANT named in the within SUMMONS and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, September 10, 2001 NEED A BETTER ADDRESS FOR DEFENDANT.- 2848 BANKS ST., APT. A, HBG., PA 17110 IS THE HOME OF JEFF HOFFMAN FOR NINE MONTHS. POST OFFICE HAS NOTHING ON FILE FOR DEFENDANT. Sworn and subscribed to before me this 10TH day of SEPTEMBER, 2001 ~~~;~~ ~-. f~~icaa PROTHONOTARY (~~~t~Q oaf e ~51~exr~~ So Answers, V (/ _ q k Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs: $29.25 PD 08/29/2001 RCPT NO 153592 4 ~ In The Court of Coannaon Pleas of Cunlberlancl County, Pennsylvania Richazcl W. Turner et al Brandon N. ay SER~rE: Christine L. King No. Ol 4951 ~~ivil Now, August za , 2001 _ , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Da>>phin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. --F' Sheriff of Cumberland County, PA Affidad-t ~f Service Now, within upon at by handing to a and made known to copy of the original So answers, Sheriff of Sworn and subscribed before me this _ day of , 20 COSTS SERVICE _ MILEAGE _ AFFIDAVIT 20 , at o'clock M. served the the contents thereof. County, PA :.~ RICHARD W. TURNER and DONNA MARIE TURNER, Plaintiffs IN THE COURT OF COMMONS PLEAS OF CUMBERLAND COUNTY, PENNA No.: 01-4951 v. CIVIL ACTION -LAW BRANDON N. MURRAY and CHRISTINE L. KING, Defendants ENTRY OF APPEARANCE Please enter my appearance on behalf of Defendant, Christine L. King, in the above-captioned action. Respectfully submitted, McKissock & Hoffman, P.C. By: .r B. Crai ack, Esqui Attorn .D. No 18 Edwin A.D. Schwartz Attorney I.D. No. 75902 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717)540-3400 Date: ~ ~~ CERTIFICATE OF SERVICE I hereby certify that I am -this day serving a copy of the foregoing Entry of Appearance upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Michael J. Cassidy, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (Counsel for Plaintiffs) Brandon N. Murray 2248 Orchard Road Camp Hill, PA 17011 McKissock & Hoffman, P.C. BY: ,. B. rai ac , sgwr Suore Court I.D o. 36818 Edwin A.D. Schwartz, Esquire Supreme Court I.D. No. 75902 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Attorneys for Defendant, Christine L. King r~ _ . ' c ~ -- - _ ' ..i ~"' lTli ii' r,r7 f'r1 -y~ .,, __ .. ~. _~ _~ ".; ~_ '-i _ Johnson, Duffie, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 Attorneys for Plaintiff RICHARD W. TURNER and DONNA MARIE TURNER 551 South Third Street Lemoyne, PA 17043, Plaintiff v. BRANDON N. HURRAY 2248 Orchard Road Camp Hill, PA 17011 and CHRISTINE L. KING 2848 Bank Street Harrisburg, PA 17110, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4951 Civil Term CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE TO RE-ISSUE. WRIT OF SUMMONS TO THE PROTHONOTARY: AND NOW, this ~ day of October 2001, please re-issue summons on behalf of Plaintiffs Richard W. Turner and Donna Marie Turner against Defendants Brandon N. Murray and Christine L. King, and cause the same to be served. forthwith at the last known addresses of Defendant Murray, to wit: Brandon N. Murray 813 Hummel Avenue Lemoyne, PA 17043 148117.2 JOHNSON, DUFFIE, STEWART & WEIDNER S By: ~.~- Mich~ .Cassidy yj. c - r_ _.., r ;~ °r, a ~ ~~,` -~ G-_ s.. _ _ .: _ %~-' - -;-? ,` J ,~_ = _~, I _ } -i _ f,,_ - SHERIFF'S RETURN - REGULAR CASE NO: 2001-04951 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TURNER RICHARD W ET AL VS MURRAY BRANDON N ET AL DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS Y BRANDON N was served upon the DEFENDANT at 1749:00 HOURS, on the 8th day of October 2001 at 813 HUMMEL AVE LEMOYNE, PA 17043 by handing to BRANDON MURRAY 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 10.40 Affidavit .00 Surcharge 10.00 .00 38.40 Sworn and Subscribed to before me this /a ~' day of (.,V ~I A.D. ~.eQ~., dD.a~` P othonotary '~~ So Answers: .~- ~,~ R. Thomas Kline 10/09/2001 JOHNSON DUFFIE STEWART WEIDNER By: i G -~ Deputy he if . ., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RICHARD W. TURNER and DONNA MARIE TURNER, Plaintiffs NO. 01-4951 v. BRANDON N. HURRAY and CHRISTINE L. KING, Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of George H. Eager of the Law Firm of Eager, Reinaker & Spinello as attorney of record on behalf of Defendant Brandon N. Murray ONLY in the above captioned action. EAGER, REINAKER & SPINELLO BY : ~ /~ George H ~ E er, Esquire Attorney f Defendant Murray I.D. NO. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 ~ r ~ .. - ~ CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Praecipe for Entry of Appearance upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Michael J. Cassidy, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 EAGER, REINAKER & SPINELLO DATE : ~0)/ 1t~O ) BY: George EaS~~ Esquire Attorn y fo~/Defendant5 I.D. No. 2 40 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 '- rc ~~ " _ {. "Ll Cci ~ n t:77 ~ --t T-n ' VS s -:: '' --.1 ~,~ _ ~G " ; q a ~*~ N ; jrri -L-{ ~p ~f `~ '-< ~~ r . f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RICHARD W. TURNER and DONNA MARIE TURNER, Plaintiffs NO. 01-4951 v. BRANDON N. HURRAY and CHRISTINE L. KING, Defendants PRAECIPE FOR RULE TO FILE COMPLAINT TO: Curtis R. Long, Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA .17013-3387 Please enter a Rule upon the Plaintiff to file a Complaint in the above captioned matter within twenty (20) days of the Rule or suffer a judgment of non pros. DATE: ia1v~ j~, EAGER, REINARER & SPINELLO BY : ~ ~~ George B. Eager Esquire Attorney for Defendant Murray I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 AND NOW, this ~'~~ day of ~~-~1-r~~~~~ 2001, a Rule has been entered upon the Plaintiff as above directed. Prothonotar y ~. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Praecipe for a Rule to File a Complaint upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Michael J. Cassidy, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (Attorney for Plaintiff) B. Craig Black, Esquire McKissock & Hoffman, P.C. 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (Attorney for Defendant King) EAGER, REINAKER & SPINELLO DATE : 1x10 ~l/DI BY George Eage Esquire Attorney for efendant Murray I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 ~, s~ ... .~n ~-. =~ r=~ ' -} _ F =„ l~_. -Ii l= / .-_ '(- .. J Y ~J ~. L~~ /\ 1^ ~~11//\V J- J/ Johnson, Duffie, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. BOX 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 RICHARD W. TURNER and DONNA MARIE TURNER 551 South Third Street Lemoyne, PA 17043, Plaintiff v. BRANDON N. MURRAY 2248 Orchard Road Camp Hill, PA 17011 and CHRISTINE L. KING 2848 Bank Street Harrisburg, PA 17110, Defendants CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE TO RE-ISSUE. WRIT OF SUMMONS TO THE PROTHONOTARY: tM AND NOW, this ~~ day of November 2001, please re-issue summons on behalf of Plaintiffs Richard W. Turner and Donna Marie Turner against Defendants Brandon N. Murray and Christine L. King, and cause the same to be served forthwith at the last known addresses of Defendant King, to wit: Christine L. King c% B. Craig Black, Esquire McKissock & Hoffman, P. C. 2040 Linglestown Road, Suite 302 Harrisburg, Pennsylvania 17110 148117.3 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4951 Civil Term JOHNSON, DUFFIE, STEWART & WEIDNER By. Mich Cassidy c~ ~' n c - -;, ~: -, ~ ice': ~ ~ -: ; r: i n ~~ cr; -,n _. ,_, `.' r .. c _ sc~ n i /~S ~/? IJ Johnson, Duffie, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff RICHARD W. TURNER and IN THE COURT OF COMMON PLEAS OF DONNA MARIE TURNER CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 01-4951 Civil Term v. CIVIL ACTION -LAW BRANDON N. MURRAY and CHRISTINE L. KING, JURY TRIAL DEMANDED Defendants AFFIDAVIT ®F SERVICE I, Michael J. Cassidy, Esquire, did hereby serve Defendant Christine L. King with the Writ of Summons issued in the above-captioned matter, by serving same upon her attorney, B. Craig Black, Esquire, of McKissock & Hoffman, P.C., 2040 Linglestown Road, Suite 302, Harrisburg, Pennsylvania 17110, on November 19, 2001, as evidenced by the attached Acceptance of Service. JOHNSON, DUFFIE, STEWART & WEIDNER /2 /Z o/ By: Dated: Mic J. Cassidy Atto ney I.D. No. 82164 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiffs :152704 ,{~ '~IT Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 Attorneys for Plaintiff 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0]09 (717)761-4540 RICHARD W. TURNER and IN THE COURT OF COMMON PLEAS OF DONNA MARIE TURNER CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 01-4951 Civil Term v. CIVIL ACTION -LAW BRANDON N. MURRAY and CHRISTINE L. KING, JURY TRIAL DEMANDED Defiendants ACCEPTANCE OF SERVICE I, B. Craig Black, Esquire, accept service of the Writ of Summons on behalf of my client, CHRISTINE L. KING, and waive only those objections wish respect to manner of service pursuant to Pa.R.C.P. No. 402, and certify that I am authorized to do so. McKISSOCK & HOFFMAN, P Date: / / 20.~f/ By: B. Harrisburg, PA 11.10 & Hoffman, P. ~sti~,vn.R Suite 302 :151887 "- R • 0. 4 ~ ~_- ~,~ -, ,~„ ~, ~~ _ ~. ~, , ~ ~ . T ~ ~) J:~~ i } -~ °) l:~ ~~ 1) v`t tr Johnson, Duffie, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff RICHARD W. TURNER and DONNA MARIE TURNER Plaintiffs v. BRANDON N. MURRAY and CHRISTINE L. KING, Defendants NOTICE TO DEFEND To the Defendant: NO. 01-4951 Civil Term CIVIL ACTION -LAW JURY TRIAL DEMANDED 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 defense 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 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 properly 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 Telephone: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Johnson, Duffie, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 Attorneys for Plaintiff RICHARD W. TURNER and DONNA MARIE TURNER Plaintiffs v. BRANDON N. MURRAY and CHRISTINE L. KING, Defendants COMPLAINT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4951 Civil Term CIVIL ACTION -LAW JURY TRIAL DEMANDED AND NOW, this ~~ day of April 2002, come the Plaintiffs, RICHARD W. TURNER and DONNA MARIE TURNER, by and through their undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and file this Complaint, and in support thereof aver as follows: 1. The Plaintiffs, Richard W. Turner and Donna Marie Turner, are adult individuals who reside at 551 S. Third Street, Lemoyne, Cumberland County, Pennsylvania 17043, and at all times relevant hereto were husband and wife. 2. The Defendant, Christine L. King (hereinafter "King"), is an adult individual with a last known address of 2848 Bank Street, Harrisburg, Dauphin County, Pennsylvania 17110. 3. The Defendant, Brandon N. Murray (hereinafter "Murray"), is an adult individual residing at 813 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 4. On or about September 30, 1999, Plaintiff Richard Turner was operating with permission a 1996 Ford Taurus owned by his employer, L.B. Smith Lincoln-Mercury, Inc., 6391 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, when he was involved in the multiple motor vehicle accident described herein. 5. On the aforesaid date, Defendant King was the owner and operator of a 1989 Ford Escort, PA Registration Plate No. BPY3198, which said automobile was involved in the multiple motor vehicle accident described herein. 6. On the aforesaid date, Defendant Murray was the operator of a 1993 BMW 325is, PA Registration Plate No. WR4386J, which said automobile is owned jointly by Defendant Murray and Clayton D. Murray, and which said automobile was involved in the multiple motor vehicle accident described herein. 7. On the aforesaid date, at approximately 7:30 a.m., Plaintiff Richard Turner was operating his motor vehicle in a westerly direction on Lowther Street in Lemoyne, Cumberland County, Pennsylvania, near the intersection of Lowther Street and Brandt Avenue, when his vehicle was struck in the rear by Defendant King's motor vehicle which was being operated by Defendant King in a westerly direction on Lowther Street, behind and in the same lane as Plaintiff Richard Turner's vehicle. 8. At or about the same time Defendant King's vehicle struck the rear end of Plaintiff Richard Turner's vehicle, Defendant Murray was also traveling in the left, westbound lane of Lowther Street when Defendant Murray's vehicle struck the rear of Defendant King's vehicle. 9. At the time of the accident herein described, Plaintiff Richard Turner was lawfully stopped in the left, westbound lane of Lowther Street behind a vehicle owned and operated by Rachel E. Diehl, which was waiting to turn left onto Brandt Avenue. COUNTI Richard W. Turner v. Christine L. King 10. Plaintiff Richard Turner incorporates by reference all of the preceding paragraphs of this Complaint as if each and every one were individually set forth within this count. 11. The accident was directly and proximately caused by the negligence and carelessness of Defendant King, which consisted, among other things, of the following: a. Operating her motor vehicle in a careless, reckless, and negligent manner; b. Operating her motor vehicle at an excessive rate of speed under the circumstances; c. Carelessly driving her motor vehicle in violation of 75 Pa.C.S.A. §3714; d. Failure to keep alert and maintain a proper lookout for other traffic; e. Failure to maintain proper control in the operation of her vehicle as such a speed that could bring her vehicle to a stop within its assured clear distance ahead in violation of 75 Pa.C.S.A. §3361; f. Following too closely in violation of 75 Pa.C.S.A. §3310; g. Failure to notice the motor vehicle of Plaintiff Richard Turner; h. Failure to take evasive action in order to avoid impacting Plaintiff Richard Turner's vehicle; and i. Failure to apply her brakes in sufficient time to avoid striking Plaintiff Richard Turner's stationary vehicle. 12. As a result of Defendant King's negligence, Plaintiff Richard Turner sustained personal injuries which include, but are not limited to, injuries to the neck and back which have required ongoing medical treatment. 13. As a further result of the motor vehicle accident, Plaintiff Richard Turner has sustained and may sustain the following damages: a. Past and future pain and suffering; b. Past and future embarrassment, humiliation, and mental anxiety; c. Past and future loss of life's enjoyment; d. Past and future incidental costs; e. Past and future reasonable and necessary medical expenses in excess of the statutory preclusion; f. Past and future loss of earnings in excess of first-party benefits. 14. Plaintiff Richard Turner avers that his damages exceed $25,000.00, and the applicable limits of arbitration, and therefore a jury trial is hereby demanded. WHEREFORE, Plaintiff Richard Turner respectfully requests that this Honorable Court enter judgment against Defendant King in an amount in excess of $25,000.00, plus interest and costs as permitted by law. COUNT II Donna Marie Turner v. Christine L. King 15. Plaintiff Donna Marie Turner incorporates by reference all of the preceding paragraphs of this Complaint as if each and every one were individually set forth within this count. 16. As a result of Defendant King's negligence, Plaintiff Donna Marie Turner has been deprived of the society, companionship, contributions, and consortium of her husband, Plaintiff Richard Turner, to her great detriment and loss. 17. As a result of Defendant King's negligence, Plaintiff Donna Marie Turner has incurred and will in the future incur medical bills and expenses to treat her husband's injuries. 1 S. As a result of Defendant King's negligence, Plaintiff Donna Marie Tumer has suffered a disruption in her daily habits and pursuits, and a loss of enjoyment of life. WHEREFORE, Plaintiff Donna Marie Turner demands judgment against Defendant King in an amount in excess of $25,000.00, plus interest and costs as permitted by law. COUNT III Richard W. Turner v. Brandon N. Murray 19. Plaintiff Richard Turner incorporates by reference all of the preceding paragraphs of this Complaint as if each and every one were individually set forth within this count. 20. The accident was directly and proximately caused by the negligence and carelessness of Defendant Murray, which consisted, among other things, of the following: a. Operating his motor vehicle in a careless, reckless, and negligent manner; b. Operating his motor vehicle at an excessive rate of speed under the circumstances; c. Carelessly driving his motor vehicle in violation of 75 Pa.C.S.A. §3714; d. Failure to keep alert and maintain a proper lookout for other traffic; e. Failure to maintain proper control in the operation of his vehicle as such a speed that could bring his vehicle to a stop within its assured clear distance ahead in violation of 75 Pa.C.S.A. §3361; f. Following too closely in violation of 75 Pa.C.S.A. §3310; g. Failure to notice the motor vehicle of Plaintiff Richard Turner; h. Failure to take evasive action in order to avoid impacting Plaintiff Richard Turner's vehicle; and i. Failure to apply his brakes in sufficient time to avoid striking Plaintiff Richard Turner's stationary vehicle. 21. As a result of Defehdant Murray's negligence, Plaintiff Richard Turner sustained personal injuries which include, but are not limited to, injuries to the neck and back which have required ongoing medical treatment. 22. As a further result of the motor vehicle accident, Plaintiff Richard Turner has sustained and may sustain the following damages: a. Past and future pain and suffering; b. Past and future embarrassment, humiliation, and mental anxiety; c. Past and future loss of life's enjoyment; d. Past and future incidental costs; e. Past and future reasonable and necessary medical expenses in excess of the statutory preclusion; f. Past and future loss of earnings in excess of first-party benefits. 23. Plaintiff Richard Turner avers that his damages exceed $25,000.00, and the applicable limits of arbitration, and fherefore a jury trial is hereby demanded. WHEREFORE, Plaintiff Richard Turner respectfully requests that this Honorable Court enter judgment against Defendant Murray in an amount in excess of $25,000.00, plus interest and costs as permitted by law. COUNT IV Donna Marie Turner v. Brandon N. Murray 24. Plaintiff Donna Marie Turner incorporates by reference all of the preceding paragraphs of this Complaint as if each and every one were individually set forth within this count. 25. As a result of Defendant Murray's negligence, Plaintiff Donna Marie Turner -has been deprived of the society, companionship, contributions, and consortium of her husband, Plaintiff Richard Turner, to her great detriment and loss. 26. As a result of Defendant Murray's negligence, Plaintiff Donna Marie Turner has incurred and will in the future incur medical bills and expenses to treat her husband's injuries. 27. As a result of Defendant Murray's negligence, Plaintiff Donna Marie Turner has suffered a disruption in her daily habits and pursuits, and a loss of enjoyment of life. WHEREFORE, Plaintiff Donna Marie Turner demands judgment against Defendant Murray in an amount in excess of $25,000.00, plus interest and costs as permitted by law. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: Mica J. Cassidy Atto ey I.D. No. 82164 301 Market Street P.O. Box 109 :157668 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiffs VER-F-CATION I, RICHARD W. TURNER, state that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: By: Richard W. Turner VER-F-CAT-ON I, DONNA MARIE TURNER, state that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: ~-q U~" By: ~..l1(~~V/~G( (~2~, ~ ~(~/(Jjp/(/ Donna Marie Turner CERTIFICATE OF SERVICE AND NOW, this 3° day of April 2002, the undersigned does hereby certify that he did this date serve a copy of the foregoing Complaint upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: 8. Craig Black, Esquire McKISSOCK & HOFFMAN 2040 Linglestown Road Harrisburg, PA 17110 Attorney for Defendant King George H. Eager, Esquire EAGER, REINAKER & SPINELLO 1347 Fruitville Pike Lancaster, PA 17601 Attorney for Defendant Murray JOHNSON, DUFFIE, STEWART & WEIDNER r BY~ Mich el .Cassidy c7 r ~~ c_ ~ ,,_ -; -c, ~' -_ ~~~_~- _ _ ~ __ f r -~ ~ _ _ ~ r., ~~/ .. .~~ti,~~ s,.K~_~~ ~;,.~~+~,+~~.~ fr-: ~,«.P,.~,~~- ~ ems. f McKISSOCK & HOFFMAN, P.C. ATTORNEYS FOR DEFENDANT, By: B. CRAIG BLACK, ESQUIRE CHRISTINE L. KING SUPREME CT. ID #36818 2040 LINGLESTOWN ROAD SUITE 302 HARRISBURG, PA 17110 717 540-3400 RICHARD W, TURNER and DONNA IN THE COURT OF COMMONS PLEAS MARIE TURNER, OF CUMBERLAND COUNTY, PENNA Plaintiffs No.: 01-4951 v. CIVIL ACTION -LAW BRANDON N. MURRAY and CHRISTINE L. KING, Defendants NOTICE TO DEFEND To the within named Plaintiffs: Richard W. Turner and Donna M. Turner c/o Michael J. Cassidy, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 You are hereby notified to plead to the enclosed Answer and New Matter pursuant to Pa.R.C.P 1030 within 20 days from service hereof or a default judgment may be entered against you. NOTICE TO DEFEND To the within named Defendant: Brandon N. Murray 228 Orchard Road Camp Hill, PA 17011 You are hereby notified to plead to the enclosed New Matter Cross-Claim pursuant to Pa.R.C.P 2252(d) within 20 days from service hereof or a default judgment may be entered against you. ANSWER, NEW MATTER AND NEW MATTER CROSSCLAIM OF DEFENDANT. CHRISTINE L. KING. TO PLAINTIFFS' COMPLAINT AND NOW comes Defendant, Christine L. King, by and through her attorneys, McKissock & Hoffman, P.C., and files the following Answer, New Matter and New Matter Crossclaim to Plaintiffs' Complaint in the above-captioned wherein the following is a statement: 1. Denied. After reasonable investigation, Answering Defendant is of insufficient knowledge and information to form a belief as to the truth of the averments contained in Paragraph 1 of Plaintiffs' Complaint. Strict proof, if relevant, is demanded upon the trial of the matter. 2. Admitted in part, denied in part. It is admitted that Answering Defendant is an adult individual. Answering Defendant currently resides at 100 Meadow Hill Drive, York, PA 17402. 3. The averments in Paragraph 3 are directed to a Defendant other than Answering Defendant. After reasonable investigation, Answering Defendant is of insufficient knowledge and information to form a belief as to the truth of the averments set forth in Paragraph 3 of Plaintiffs' Complaint. Strict proof, if relevant, is demanded upon the trial of the matter. 4. Denied. After reasonable investigation, Answering Defendant is of insufficient knowledge and information to form a belief as to the truth of the averments contained in Paragraph 4 of Plaintiffs' Complaint. Strict proof, if relevant, is demanded upon the trial of the matter. 5. Admitted that Answering Defendant, Christine King, is the registered owner and was the operator of a 1989 Ford Escort bearing Pennsylvania registration plate PBY-3198, and that said automobile was involved in a motor vehicle accident. Any inference arising from the averments of Paragraph 5 to the effect that said motor vehicle accident was a result of any negligence of Defendant King, it is expressly denied. Strict proof, if relevant, is demanded upon the trial of the matter. 6. The averments in Paragraph 6 of Plaintiffs' Complaint are denied. After reasonable investigation, Answering Defendant is of insufficient knowledge and information to form a belief as to the truth of the averments contained in Paragraph 6 of Plaintiffs' Complaint. Strict proof, if relevant, is demanded upon the trial of the matter. 2 f 7. Admitted in part, denied in part. It is admitted only that on September 30, 1999 at or about 7:30 a.m., the 1989 Ford Escort operated by Answering Defendant contacted the rear of a vehicle believed to be operated by Plaintiff, Richard Turner. It is specifically denied that Answering Defendant was in any way negligent or liable for said vehicles striking each other. Rather, the negligence of Co-Defendant Murray was, in fact, the cause of said motor vehicle accident. Answering Defendant hereby incorporates the provisions of Paragraph 5 of the foregoing Answer as well as Answering Defendant's New Matter and Answering Defendant's Crossclaim New Matter as if more fully set forth herein. 8. Admitted in part, denied in part. Paragraph 8 is admitted to the extent consistent with the averments contained in Paragraph 7 of Plaintiffs' Complaint and Paragraph 7 of Answering Defendant's Answer thereto. The remainder of the averments set forth in Paragraph 8 are denied. Strict proof, if relevant, is demanded upon the trial of the matter. 9. Denied. After reasonable investigation, Answering Defendant is of insufficient knowledge and information to form a belief as to the truth of the averments set forth in Paragraph 9 of Plaintiffs' Complaint. Strict proof, if relevant, is demanded upon the trial of the matter. COUNTI Richard W. Turner v. Christine L. King 10. Answering Defendant hereby incorporates by reference Paragraphs 1 through 9 of the foregoing Answer as if more fully set forth at length. 11. The averments in Paragraph 11 of Plaintiffs' Complaint constitute conclusions of law to which no responsive pleading is required. To the extent that said averments are factually specific and do not constitute conclusions of law, same are denied. Plaintiff denies each and every averment of negligence as set forth by the Plaintiff in accordance with Pa.R.C.P. 1029(e). Strict proof, if relevant, is demanded upon the trial of the matter. 3 12-14. The averments in Paragraphs 12 through 14 of Plaintiffs' Complaint constitute conclusions of law to which no responsive pleading is required. To the extent that said averments are factually specific and do not constitute conclusions of law, same are denied. After reasonable investigation, Answering Defendant is of insufficient knowledge and information to form a belief as to the truth of the averments set forth in Paragraphs 12 through 14 of Plaintiffs' Complaint. Strict proof, if relevant, is demanded upon the trial of the matter. WHEREFORE, Answering Defendant, Christine King, respectfully requests that this Honorable Court enter judgment in her favor and dismiss Plaintiffs' Complaint with prejudice. COUNT II Donna Marie Turner v. Christine L. King 15. Answering Defendant hereby incorporates by reference the foregoing averments contained in Paragraphs 1 through 14 of Answering Defendant's Answer as if more fully set forth at length herein. 16-18. The averments in Paragraphs 16 through 18 of Plaintiffs' Complaint constitute conclusions of law to which no responsive pleading is required. To the extent that said averments are factually specific and do not constitute conclusions of law, same are specifically denied. After reasonable investigation, Answering Defendant is of insufficient knowledge and information to form a belief as to the truth of said averments. Strict proof, if relevant, is demanded upon the trial of the matter. WHEREFORE, Answering Defendant, Christine King, respectfully requests that this Honorable Court enter judgment in her favor and dismiss Plaintiffs' Complaint with prejudice. 4 COURT III Richard W. Turner v. Brandon N. Murray 19. Answering Defendant hereby incorporates by reference the foregoing averments contained in Paragraphs 1 through 19 of Answering Defendant's Answer as if more fully set forth herein. 20-23. The averments set forth in Paragraphs 20 through 23 of Plaintiffs' Complaint are addressed to a party other than Answering Defendant. No responsive pleading is required from Answering Defendant. WHEREFORE, Answering Defendant, Christine King, respectfully requests that this Honorable Court enterjudgment in her favor and dismiss Plaintiffs' Complaint with prejudice. COUNT IV Donna Marie Turner v. Brandon N. Murray 24. Answering Defendant hereby incorporates by reference the foregoing averments contained in Paragraphs 1 through 23 of Answering Defendant's Answer as if more fully set forth herein. 25-27. The averments set forth in Paragraphs 25 through 27 of Plaintiffs' Complaint are addressed to a party other than Answering Defendant. No responsive pleading is required from Answering Defendant. WHEREFORE, Answering Defendant, Christine King, respectfully requests that this Honorable Court enter judgment in her favor and dismiss Plaintiffs' Complaint with prejudice. 5 NEW MATTER 28. Paragraphs 1 through 27 of Answering Defendant's Answer are incorporated herein, as if set forth at length. 29. To the extent that facts developed during the course of discovery may implicate, Plaintiffs' claims are barred, in whole or in part, by the provisions of Pennsylvania Motor Vehicle Responsibility Law. 30. To the extent that facts developed during the course of discovery may implicate, Plaintiffs' injuries and losses, if any, were caused by persons or events outside the control of Defendant. 31. To the extent that facts developed during the course of discovery may implicate, Plaintiffs are barred by doctrine of laches and unclean hands from the relief requested. 32. To the extent that facts developed during the course of discovery may implicate, Plaintiffs are barred and/or limited by the provisions of the Pennsylvania Comparative negligence Act, 42 P.C.S.A. § 4102. 33. To the extent that facts developed during the course of discovery may implicate, Plaintiff, Richard Turner, was contributorily negligent and/or assumed the risk of injury. 34. To the extent that facts developed during the course of discovery may implicate, the negligent acts and/or omissions of other individuals or entities constitutes an intervening or superseding cause of the injuries alleged to have been sustained by the Plaintiffs. 35. To the extent that facts developed during the course of discovery may implicate, Plaintiffs' alleged injuries were caused by the acts and/or omissions of a person or persons other than Answering Defendant. 6 36. To the extent that facts developed during the course of discovery may implicate, Plaintiffs may have already entered into a Release with other individuals or entities which has the effect of discharging any liability of Answering Defendant. 37. Plaintiffs' injuries and/or damages are insufficient as a matter of law to constitute a "serious injury" as defined in Section 1702 of the Pennsylvania Motor Vehicle Financial Responsibility Laws (75 Pa.C.S.A. § 1702). Plaintiffs are therefore barred from any recovery of non-economic losses. WHEREFORE, Answering Defendant, Christine King, respectfully requests that this Honorable Court enter judgment in her favor and dismiss Plaintiffs' Complaint with prejudice. NEW MATTER PURSUANT TO PA.R.C.P. 2252(d) 38. Answering Defendant hereby incorporates by reference Paragraphs 1 through 37 of the foregoing Answer and New Matter as if same were set forth more fully at length. 39. Defendant King denies any and all liability to Plaintiffs but avers that if Plaintiffs are entitled to recovery based upon the allegations of the Complaint, or proof entered in support thereof, then any such right of recovery is due and based solely upon the acts or omissions of Co-Defendant, Brandon N. Murray, against whom Answering Defendant asserts a right of contribution and/or indemnity for any damages for which she may be determined to be liable to Plaintiffs. 7 WHEREFORE, Answering Defendant, Christine L. King, respectfully prays this Honorable Court to enter judgment ih her favor and against Defendant, Brandon N. Murray, and further award Answering Defendant any and all such other relief as this Court may deem proper and just. By: Respectfully submitted, McKissock & Hoffman, P.C. B. Cr ' Bfack, Esquire Su me Ceu D. 6818 Ed n A.D. Schwartz, Esquire Supreme Court I.D. No. 75902 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Date: ~ ~ ,Da Attorneys for Defendant, Christine L. King 8 MRY 16 2002 12:05 FR EXEL - COPY ROOM 7179011236 TO 95403434 P.02 vE~~tcAnont ,' I, Christine L. King, hereby verifies. that the statements in Defendant, Christine L. King's Mswer, New Matter and New Matter Crossdaim are true and correct to the best of my information, knowledge and belief. I understand that the statements are made subject to the penalties of PA.C.S. Section 4904, relating to d'ie unsworn falsification to authorities. . ~ Date: a~ ~~'. Christine L. King MAY-76-02 THU 11:06 AM FAOM:7179011236 TO:MCKISSOCK HOFFMAN PRGE ~ CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Answer, New Matter and New Matter Crossclaim upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Michael J. Cassidy, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (Counsel for Plaintiffs) Brandon N. Murray 2248 Orchard Road Camp Hill, PA 17011 McKissock & Hoffman. P.C. BY: Suprerr~~ourt I.D. No. 368 8 Edwin ~j Schwartz, ire Supreme Cou o. 75902 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Attorneys for Defendant, Christine L. King Date: ~~~`~ 10 r.~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW RICHARD W. TURNER and DONNA MARIE TURNER, Plaintiffs NO. 01-4951 v. BRANDON N. MURRAY and JURY TRIAL DEMANDED CHRISTINE L. KING, Defendants ANSWER OF DEFENDANT BRANDON N. MURRAY TO PLAINTIFFS' COMPLAINT WITH NEW MATTER You are hereby notified to plead to the within New Matter within 20 days from the date of service hereto or a default judgment may be entered against you. AND NOW COMES DEFENDANT BRANDON N. MURRAY, BY AND THROUGH HIS ATTORNEY, GEORGE H. EAGER, AND FILES THE FOLLOWING ANSWER: 1.- 5. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). 6. Admitted. 7. - 9. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant Brandon N. Murray demands that this honorable court enter an Order stating that Defendant Brandon N. Murray is not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Defendant Christine L. King and is not liable over to Defendant Christine L. King byway of indemnity, contribution or otherwise and Defendant Brandon N. Murray asks that judgment be entered in his favor and against Plaintiffs on all claims set forth in Plaintiffs' Complaint. COUNTI RICHARD W. TURNER v.CHRISTINE L. KING 10. No response is required. Paragraphs 1 through 9 of Defendant's Answer are incorporated herein by reference as though fully set forth. 11. - 14. The allegations in paragraphs 11 - 14 are directed to a defendant other than answering defendant; therefore, no response is required by answering defendant. WHEREFORE, Defendant Brandon N. Murray demands that this honorable court enter an Order stating that Defendant Brandon N. Murray is not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Defendant Christine L. King and is not liable over to Defendant Christine L. King by way of indemnity, contribution or otherwise and Defendant Brandon N. Murray asks that judgment be entered in his favor and against Plaintiffs on all claims set forth in Plaintiffs' Complaint. COUNT II DONNA MARIE TURNER v.CHRISTINE L. KING 15. No response is required. Paragraphs 1 through 14 of Defendant's Answer are incorporated herein by reference as though fully set forth. 16. - 18. The allegations in paragraphs 16 - 18 are directed to a defendant other than answering defendant; therefore, no response is required by answering defendant. WHEREFORE, Defendant Brandon N. Murray demands that this honorable court enter an Order stating that Defendant Brandon N. Murray is not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Defendant Christine L. King and is not liable over to Defendant Christine L. King byway of indemnity, contribution or otherwise and Defendant Brandon N. Murray asks that judgment be entered in his favor and against Plaintiffs on all claims set forth in Plaintiffs' Complaint. COUNT III RICHARD W. TURNER v.BRANDON N. MURRAY 19. No response is required. Paragraphs 1 through 18 of Defendant's Answer are incorporated herein by reference as though fully set forth. 20. - 23. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant Brandon N. Murray demands that this honorable court enter an Order stating that Defendant Brandon N. Murray is not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Defendant Christine L. King and is not liable over to Defendant Christine L. King by way of indemnity, contribution or otherwise and Defendant Brandon N. Murray asks that judgment be entered in his favor and against Plaintiffs on all claims set forth in Plaintiffs' Complaint. COUNT III RICHARD W. TURNER v. BRANDON N. MURRAY 19. No response is required. Paragraphs 1 through 18 of Defendant's Answer are incorporated herein by reference as though fully set forth. 20. - 23. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant Brandon N. Murray demands that this honorable court enter an Order stating that Defendant Brandon N. Murray is not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Defendant Christine L. King and is not liable over to Defendant Christine L. King by way of indemnity, contribution or otherwise and Defendant Brandon N. Murray asks that judgment be entered in his favor and against Plaintiffs on all claims set forth in Plaintiffs' Complaint. 24. No response is required. Paragraphs 1 through 23 of Defendant's Answer are incorporated herein by reference as though fully set forth. 25. - 27. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant Brandon N. Murray demands that this honorable court enter an Order stating that Defendant Brandon N. Murray is not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Defendant Christine L. King and is not liable over to Defendant Christine L. King by way of indemnity, contribution or otherwise and Defendant Brandon N. Murray asks that judgment be entered in his favor and against Plaintiffs on all claims set forth in Plaintiffs' Complaint. NEW MATTER 28. Paragraphs 1 through 27 inclusive above are incorporated herein by reference and made a part hereof. 29. Plaintiffs' recovery is barred and/or limited pursuant to the provisions of the Pennsylvania Motor Vehicle Finanacial Responsibility Act, 75 Pa.C.S.A. 1701, et. seq., and Answering Defendant Brandon N. Murray hereby asserts all of the rights and defenses available to him under the aforementioned act. 30. Plaintiffs' claims are barred and/or limited pursuant to the applicable Statute of Limitations, the relevant portions of which are incorporated herein by reference. 31. Plaintiffs' claims are barred and/or limited by the tort thresholds, applicable by election or law, of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. §1701, et. seq. 32. Plaintiffs' claims are barred and/or limited by the preclusion of pleading, proving and/or recovering special damages as set forth in §1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law, Pa.C.S.A. §1722. WHEREFORE, Answering Defendant Brandon N. Murray respectfully demand judgment in his favor and against all other parties together with the costs of this action. NEW MATTER PURSUANT TO PA.R.C.P. 2252(d) 33. Answering Defendant hereby incorporates by reference paragraphs 1 through 32 of the foregoing Answer and New Matter as if same were set forth more fully at length. 34. Answering Defendant denies any and all liability to Plaintiff but avers that if Plaintiff is entitled to recovery based upon the allegations of the Complaint, or proof entered in support thereof, then any such right of recovery is due and based solely upon the acts or omissions of co-defendant, Christine L, King, against whom Answering Defendant asserts a right of contribution and/or indemnity for any damages for which she may be determined to be liable to Plaintiff. WHEREFORE, Answering Defendant demands that this honorable court enter an Order stating that Answering Defendant is not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Co-Defendant Christine L. King and is not liable over to Co-Defendant Christine L. King by way of indemnity, contribution or otherwise and Answering Defendant asks that judgment be entered in her favor and against Plaintiff on all claims set forth in Plaintiffs Complaint. EAGER, REINAKER & SPINELLO BY: / / ~G George H. r, Esquire Attorney for~efendant Murray I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 VERIFICATION I, BRANDON N. MURRAY, hereby verify that I am a Defendant in the foregoing action, and that the averments of the foregoing Answers with New Matter to the Complaint are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments of the Answers with New Matter to the Complaint are based upon an understanding or application of law, I have relied upon counsel in making this Verification. I understand that I am subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities for any false star Dated: ~~~/ O~ CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Answer with New Matter upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Michael J. Cassidy, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 B. Craig Black, Esquire McKissock & Hoffman, P.C. 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 DATE: 3 ~ EAGER, REINAKER & SPINELLO BY: George H. Eag r, Esquire Attorney for Defendant Murray I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717)290-7971 ~ , '- tv "~ ~i _ - `T°. L ' - '~ ':'I JJ ~~ ~~ r ~ 4 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY I,VANIA CIVIL ACTION - LAW RICHARD W. TURNER and DONNA MARIE TURNER, Plaintiffs v. BRANDON N. MURRAY and CHRISTINE L. KING, Defendants N0. 01-4951 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of Defendant Brandon N. Murray's Request for Production and Copying of Documents - Set No. 1 Directed to Plaintiffs upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Michael J. Cassidy, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 DATE : ~~~_ B. Craig Black, Esquire McKissock & Hoffman, P.C. 2040 Li nglestown Road Suite 302 Harrisburg, PA 17110 EAGER, REINAKER & SPINELLO BY:_ George H. E~ squire Attorney for Defendant Murray I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 c> - ,~> ~ .. . ~, _ ,_ " {; ~ '>. °; _:, ' ._. : _ L~ _.::~: ' p. t a..l FS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RICHARD W. TURNER and DONNA MARIE TURNER, Plaintiffs NO. 01-4951 v. BRANDON N. MURRAY and JURY TRIAL DEMANDED CHRISTINE L. KING, Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served an original of Interrogatories of Defendant Murray Addressed to Plaintiffs upon the person set fox'th below and in the manner indicated: First class mail, postage pre-paid: Michael J. Cassidy, Esquire Johnson, Duffie, Stewart & Weidner :301 Market Street p.O. Box 109 DATE : ~~__ B. Craig Black, Esquire McKisso ck & Hoffman, P.C. 2040 Li nglestown Road Suite 302 Harrisburg, PA 17110 EAGER, REINAKER & SPINELLO BY: _ George Ea Esquire Attorney fo efendant Murray I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 ~--~ 6"~1 1 ..._t .. __~ ' .. 1_ ~ . l ..ry } ~' ~. `~ _= _, P i ro ~: D~ 11 /~ Johnson, Duffie, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff RICHARD W. TURNER and IN THE COURT OF COMMON PLEAS OF DONNA MARIE TURNER CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 01-4951 Civil Term v. BRANDON N. HURRAY and CIVIL ACTION -LAW CHRISTINE L. KING, JURY TRIAL DEMANDED Defendants PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT BRANDON N. HURRAY TN AND NOW, this Zn day of June 2002, come the Plaintiffs, RICHARD W. TURNER and DONNA MARIE TURNER, by and through their undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and file this Reply to New Matter of Defendant Brandon N. Murray, and in support thereof aver as follows: 28. Denied. Said averment is denied to the extent that it incorporates answers which deny averments set forth in Plaintiffs' Complaint. 29-32. Denied. Said averments are denied as conclusions of law to which no responsive pleading is required. WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter judgment in their favor and against all other parties in accordance with their prayers for relief requested in their Complaint. REPLY TO NEW MATTER PURSUANT TO Pa.R.C.P. 22521d) 33. Denied. Said averment is denied to the extent that it incorporates answers which deny averments set forth in Plaintiffs' Complaint. 34. Denied. Said averment is denied in that it is addressed to a party other than Plaintiffs, and which therefore no responsive pleading is required. WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter judgment in their favor and against all other parties in accordance with their prayers for relief requested in their Complaint. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: ~, Mi r~~ I J. Cassidy Attofney LD. No. 82164 301 Market Street P.O. Box 109 :~esaza Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiffs VERIFICATION I, RICHARD W. TURNER, state that the statements made in the foregoing Reply to New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: ~ ~ ~Z- By: Turner VERIFICATION I, DONNA MARIE TURNER, state that the statements made in the foregoing Reply to New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unswom falsification to authorities. /( S Date: ~ r ~ ~ y By: __N.~~-.G~ ~~ ~~~2~Y(-PiL-' Donna Marie Tumer CERTIFICATE OF SERVICE AND NOW, this 2C1;!' day of June 2002, the undersigned does hereby certify that she did this date serve a copy of the foregoing Complaint upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: 8. Craig Black, Esquire McKISSOCK & HOFFMAN 2040 Linglestown Road Harrisburg, PA 17110 Attorney for Defendant King George H. Eager, Esquire EAGER, REINAKER & SPINELLO 1347 Fruitville Pike Lancaster, PA 17601 Attorney for Defendant Murray JOHNSON, DUFFIE, STEWART & WEIDNER BY~ Q~ca , ~ r 9 n o o ~ ~ . -C?,n r-~ Michelle M. Bross Legal Assistant C") c.: <^ -„ _ ~ ~7i; ~ - -_--r~ '~ C ::~ ;- ~; ~-: r _~ _ -{ ? ~ V ~~ Johnson, Duffie, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 RICHARD W. TURNER and DONNA MARIE TURNER Plaintiffs v. BRANDON N. MURRAY and CHRISTINE L. KING, Defendants NO. 01-4951 Civil Term CIVIL ACTION -LAW JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT CHRISTINE L. KING AND NOW, this 20~ day of June 2002, come the Plaintiffs, RICHARD W. TURNER and DONNA MARIE TURNER, by and through their undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and file this Reply to New Matter of Defendant Christine L. King, and in support thereof aver as follows: 28. Denied. Said averment is denied to the extent that it incorporates answers which deny averments set forth in Plaintiffs' Complaint. 29-37. Denied. Said paragraphs are denied as conclusions of law to which no responsive pleading is required. WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter judgment in their favor pursuant to the relief requested in their Complaint. REPLY TO CROSS-CLAIM 38. Denied. Said averment is denied to the extent that it incorporates answers which deny Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA averments set forth in Plaintiffs' Complaint. 39. Denied. Said averment is denied in that it is addressed to a party other than Plaintiffs, and which therefore no responsive pleading is required. WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter judgment in their favor pursuant to the relief requested in their Complaint. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: ~- ~--~~--~' Miclrae J. Cassidy Atto ey I.D. No. 82164 301 Market Street P.O. Box 109 :~sso~a Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiffs VERIFICATION I, RICHARD W. TURNER, state that the statements made in the foregoing Reply to New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: By: /j /'lr Richard W. Turner VERIFICATION I, DONNA MARIE TURNER, state that the statements made in the foregoing Reply to New Matter are true and correct to the best of my knowledge, information and belief. I understand-.that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: 6 l ~ "`-' By: ~ r~.~ dY l Donna Marie Turner CERTIFICATE OF SERVICE AND NOW, this 2Ck~ day of June 2002, the undersigned does hereby certify that she did this date serve a copy of the foregoing Complaint upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: B. Craig Black, Esquire McKISSOCK & HOFFMAN 2040 Linglestown Road Harrisburg, PA 17110 Attorney for Defendant King George H. Eager, Esquire EAGER, REINAKER & SPINELLO 1347 Fruitville Pike Lancaster, PA 17601 Attorney for Defendant Murray JOHNSON, DUFFIE, STEWART & WEIDNER BY~ ~4"'Cti ~o n o o a a o c c~ . "~1-~ r~~lJ Michelle M. Bross Legal Assistant s~ ~, McKISSOCK & HOFFMAN, P.C. ATTORNEYS FOR DEFENDANT, By: B. CRAIG BLACK, ESQUIRE CHRISTINE L. KING SUPREME CT. ID #36818 2040 LINGLESTOWN ROAD SUITE 302 HARRISBURG, PA 17140 (717 540-3400 RICHARD W. TURNER and DONNA MARIE TURNER, Plaintiffs v. BRANDON N. MURRAY and CHRISTINE L. KING, Defendants IN THE COURT OF COMMONS PLEAS OF CUMBERLAND COUNTY, PENNA No.: 01-4951 CIVIL ACTION -LAW REPLY OF DEFENDANT, CHRISTINE L. KING TO NEW MATTER CROSSCLAIM PURSUANT TO PA.R.C.P. 2252(d) OF BRANDON N. MURRAY AND NOW, this y1`F'"' day of 2002, comes Defendant, Christine L. King, and files the following Repl to the New Matter Crossclaim of Defendant, Brandon Murray pursuant to Pa. R.C. P. 2252(d). 33. Defendant, Christine King, hereby incorporates by reference Paragraphs 1 through 37 of her previously filed Answer, New Matter and New Matter pursuant to Pa.R.C.P. 2252(d), as if same were set forth more fully herein. 34. Denied. The averments contained in Paragraph 34 of Defendant Brandon N. Murray's New Matter pursuant to Pa.R.C.F. 2252(d) constitute conclusions of law to which no responsive pleading is required. To the extent that said averments constitute factual averments and are not conclusions of law, same are denied. By way of further answer, Defendant, Christine King, hereby incorporates by reference each and every paragraph of her previously filed and served Answer, New Matter and New Matter Crossclaim. WHEREFORE, Defendant, Christine King, respectfully requests that this Honorable Court enter judgment in her favor and dismiss Plaintiffs' Complaint together with Defendant, Brandon Murray's, Crossclaim and provides such other relief as this Honorable Court deems equitable and just. Date:Wl By: Respectfully submitted, McKissock & Hoffman, P.C. B. Cr ' Black, Esqui -"~ Sup a Court I.D. o. 36818 E A.D. Schw rtz, Esquire Supreme Court I.D. No. 75902 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Attorneys for Defendant, Christine L. King 2 SIJN 24 '02 11 48 FR EXEL LOGISTICS 419 727 9605 TO 17175403434 P.02~02 I, Christine L. King, hereby verifies that ttte statements in Defendant, Christine L. King's Reply to New Matter Crossclaim Pursuant to Pa.R.C.P. 2252(d) of Brandon N. Mun'ay are true and correct to the best of my information, knowledge and belief. 1 understand that the statements are made subject to the penalties of PA.G.S. Section 4804, relating to the unswom falsification to authorities. Date:~~ ~~ Ghristine L. King 3 ** TOTRL PRGE.02 *~ JUN-24-02 MON 10:45 AM FAOM:419 727 9605 TO:MCKISSOCK HOFFMAN PAGE 2 x CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Reply to New Matter Crossclaim Pursuant to Pa.R.C.P. 2252(d) of Brandon N. Murray upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Michael J. Cassidy, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (Counsel for Plaintiffs) George H. Eager, Esquire Eager, Reinaker & Spinello 1347 Fruitville Pike Lancaster, PA 17601 (Counsel for Defendant, Brandon N. Murray) McKissock & Hoffman, P.C. BY: B. I.D. No. 3$818 Supreme Court I.D. No. 75902 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Attorneys for Defendant, Christine L. King Date: rJi~ V 4 c w c_. , -~_, ` - ~'- ,~ c , r '-, _~ _= C: ! ~ ~. L ~~ t ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW RICHARD W. TURNER and DONNA MARIE TURNER, Plaintiffs NO. 01-4951 v. BRANDON N. MURRAY and JURY TRIAL DEMANDED CHRISTINE L. KING, Defendants ANSWER OF DEFENDANT BRANDON N. MURRAY TO NEW MATTER OF DEFENDANT CHRISTINE L. KING PURSUANT TO Pa.R.C.P. 2252(d) 38. Defendant Brandon N. Murray hereby incorporates by reference Paragraphs 1-34 of his Answer to Plaintiff's Complaint as if same were set forth more fully at length. 39. Denied. It is denied that if Plaintiff is entitled to recover, any such recovery may be solely or partially as a result of the negligent acts or omissions of Defendant Brandon N. Murray, as set forth in Plaintiffs Complaint and it is further denied that Brandon N. Murray may be alone liable to the Plaintiff, orjointly and severally liable with Defendant, Christine L. King, or liable over to Plaintiff or liable to Defendant Christine L. King, for contribution, and/or indemnity. WHEREFORE, Defendant Brandon N. Murray demands that this honorable court enter an Order stating that Defendant Brandon N. Murray is not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Defendant Christine L. King and is not r liable over to Defendant Christine L. King byway of indemnity, contribution or otherwise and Defendant Brandon N. Murray asks that judgment be entered in his favor and against Plaintiff on all claims set forth in Plaintiffs Complaint. EAGER, REINAKER & SPINELLO BY: George H. Eag ,Esquire Attorney for fendant Murray I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717)290-7971 VERIFICATION I, GEORGE H. EAGER, hereby verify that I am the attorney for Defendant, BRANDON N. HURRAY, in the herein lawsuit, that I am authorized by BRANDON N. HURRAY to make this Verification and that the statements contained in the foregoing document are true and correct to the-best of my knowledge, information and belief. I understand that false statements contained therein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. GEOR H. AGE ESQUIRE Dated: ~1I~IpZ CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing document upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Michael J. Cassidy, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Plaintiff B. Craig Black, Esquire McKissock & Hoffman, P.C. 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 Attorney for Defendant King DATE: U1~Z3IOZ EAGER, REINAKER & SPINELLO BY: Geor a H. age squire Attorney for D endant Murray I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717)290-7971 c, ~:~~ - t,.~ ra c f.J =- ~i i, , ~ , i~ , _ ~_; ;~.] ~_~s_ ~ ft~ .' . .t, ; -.r -' _t, i= l -; i Z L _ r ~I _, t~ ~~ ~ , ~ ~ •y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RICHARD W. TURNER AND NO.: 01-4951 DONNA MARIE TURNER, Plaintiffs v. BRANDON N. HURRAY and CHRISTINE L. KING, Defendants CERTIFICATE PREREQUISITE TO SERVICE OF SUPBOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant Brandon N. Murray 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 : ~ (~ ~~ Q~j George H. Ea Esquire Attorney for efendant Murray I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RICHARD W. TURNER AND DONNA MARIE TURNER, Plaintiffs NO.: 01-4951 v. BRANDON N. MURRAY and CHRISTINE L. KING, Defendants NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT BRANDON N. MURRARY 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 no objection is made, the subpoena may be served. DATE: aI~ O3 GE GE H. EAG ESQUIRE ATTORNEY FO EFENDANT Brandon N. rray I.D. No. 27740 1347 FRUITVILLE PIKE LANCASTER, PA 17601 (717) 290-7971 COFI[+DNWFFI~L'LT{ Off' PEIIIJSYLNIINIA • CD(JP71'Y ~P CI7M'BERTAND RICHARD W. TURNER and DONNA MARIE TURNER, ' Plaintiffs ' File No. 01-4951 vs. ' BRANDON N. HURRAY and CHRISTINE L. KING, Def endant s ~~~ TO PRODUCE DOC,.hENTS CR THINGS FOR DISCOVERY PURSUANT TO RULE 4009 T0: Lf h Lim nc~otl~n Mercury, Znc. --! Mechanicsburg, PA 17050 (Name of Person or Entity) within tw~ty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: see attached Addendum at 1347 Fruitville Pike, Lancaster, Pennsylvania, 17601. (Address) You may deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address li•:ted above. You have the right. to seek in advances tha reasonable post of preparing the copies or producing the things sought. If you fail to produces the doarnents or things required by this subpsxia wifhir. tMenty (20) days after its service, the party serving this subpoena may seek a ~.mt c+rdee- ccrtpellir:g y«: to ca[ply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLGWING PERSON: Kam: George H. Eager, Esquire ager, eina er p ~DORESS: 1 Z4Zy~ru3.v~l.le Pikr Lancaster, PA 17601 TELEPHONE: (717) 290-7971 ~I.PREh£ aJlX2T ID Zf 27740 ~.f-fORNEY FOR: Defendant 8Y TFi£ COURT -J-- Prothonotary/Clerk, Civil Di•:ision ~nTE: __ _ ____ Seal of the Court ---- Jeputy -. (Eff. 7/97) CERTIFIEED PHOTOCOPIES OF THE RECORDS WH.L BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. -LAW RICHARD W. TURNER AND NO.: 01-4951 DONNA MARIE TURNER, Plainpffs v. BRANDON N. MURRAY and CHRISTINE L. KING, ' Defendanu ADDENDUM TO SUBPOENA CUSTODIAN OF RECORDS FOR: L.B. SMITH LINCOLN MERCURY, INC. A COPY OF ANY AND ALL OF THE FOLLOWING: APPLICATION FOR EMPLOYMENT; PRE-EMPLOYMENT PHYSICAL; DATE EMPLOYMENT BEGAN; WORKER'S COMPENSATION CLAIMS AND MEDICAL REPORTS; PERFORMANCE EVALUATIONS; YEAR END PAYROLL RECORDS FOR EACH YEAR OF EMPLOYMENT; DISCIPLINARY NOTICES; - LEAVE OF ABSENCE DATES AND REASON FOR LEAVE; AND DATE OF TERMINATION ON PLAINTIFF. NAME: RICHARD W. TURNER DATE OF BIRTH: 03/01/43 SSN: 186-34-0251 CERTIFIED PHOTOCOPIES OF THE RECORDS WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE ,,> ~~,~ OOb4nNWEALT'H oe PEIUJSYLVANIA COUNTY OF Ci1NBERI~1t~ID RICHARD W. TURNER and DONNA MARIE TURNER, Plaintiffs File No. 01-4951 vs. BRANDON N. HURRAY and CHRISTINE L. KING, Def endants SUBPOENA TO PRODUCE OOCLFENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 rp; Family Physician Assoc., Inc. of New Cumberland 6 i~~v ui tur,c .a ,. a.cc.. 1Name Ot Person Or Entity) New Cumberland, PA 17070 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the followirx,) doce.ments or thin s' Any and all first consultation reports,~office notes; MRI, CT and x-ray films & reports, tes~1r , Plaintiff Richard W. Turner (DOB: 3/1/43) (SSN: 186-34-0251 at 1347 Fruitville Pike, Lancaster, Pennsylvania, 17601. (Address) You rn3y deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of arrpliance, to the party making this request at the address 1?::ted above. You have the right. to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to l,roduc~ the doc~rt~nts or things required by this subpo~xis withir. twenty (20) days after its service, the party serving this subpoer'~a may seek a mart order- cuspellir:g yoc: to ccrsply wiS:h it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLGWING PERSON: NppE: George H. Eager, Esquire ager, eina er aDORESS: ~~7-~su~t~v~lle P+UP Lancaster, PA 17601 fELEPHONE:(717) 290-7971 ~LPREh£ OOURT 10 # 27740 '~~iCRNEY FOR: Defendant BY TF$ CCURT: Prothonotary/Clerk, Civil Oi~%ision Seal of the Court Deputy (Eff. 7/97) OOMSJNWRILTFI OF PET~1SyLVANIA ODUNT'Y OF ~ RICHARD W. TURNER and DONNA MARIE TURNER, Plaintiffs File No. 01-4951 vs. BRANDON N. HURRAY and CHRISTINE L. KING, Defendants SUBPOENA 70 PROOUCJ= OOCihENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 t0: Michael Cordas, D.O.; Performance a~~ sir 'rnomas court (Name of Person or Entity) Harrisburg, PA 17109 within twenty (20) days after service of this subpoena, You are ordered by the court to produce the following doaments or thin s• ~Y and all first consultation reports,~office note_ MRZ, CT and x-ray films & reports, tes~ir , aud-does' o~~er-s~alsne with anv and all other medical records and reports concerning Plaintiff Richard W. Turner (DOB: 3/1/43) (SSN: 186-34-0251) at 1347 Fruitvi.lle Pike, Lancaster, Pennsylvania, 17601. (Address) You Trey deCiver or mail legible copies of the docunents or produce things requested by this .subpoena, together with the certificate of compliance, to the party making this request at the address 19sted above. You have the right. to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to aroduce the docLrttents or things required by this subpoxia wtthir. twenty (20} days after its service, the party serving this subpoer',a may seek a co~~rt order' curpe4{ir:9 ya: to cca~aly with it. rl-ltS SUBPOENA WAS ISSUED AT T}iE REQUEST OF THE FCLLOWtNC3 PERSON: tyy.£. George H. Eager, Esquire ager, eina er nDORE55: ~~,7-F~s~Uv#Lle Ei~o Lancaster, PA 17601 fELEPFpNE:C717) 290-7971 ~;LPRE?~E OOURT 10 # 27740 ~,rfORNEY fCR: Def endant (3Y TI$ OCURT: ,nTE: _ _ _ Seal of the Court Prothocwtary/Clerk, Civil Di~:ision JeputY (Eff. 7/97) ODh4flNWE71LTE{ OF PFSIIISYLVANIA COUNPY OF CiJt~'ID RICHARD W. TURNER and ' DONNA MARIE TURNER, ' Plaintiffs _ File No. 01-4951 vs. ' BRANDON N. HURRAY and CHRISTINE L. KING, Defendants r0: 110 Lowther Street (Name of Person or Entity; Lemoyne, PA 17043 within twenty (20) days after service of this subpoena, produce the following docurents or thin s: Any and all fir: MRI, CT and x-ray films & reports, tesi r , Plaintiff Richard W. Turner (DOB: 3/1/43) (SSN: 18 at 1347 Fruitville Pike, Lancaster, Pennsylvania, 17601. (Address) its You msy deliver or mail legible copies of the docrrnents or produce things requested by this subpoena, together with the certificate of carpliance, to the party making this request at the address 1±~ted above. You have the right. to seek in advance the reasonable cost of preparing the copies or producing the things sought. I f you fai I to ;,roduc~ the doanrnts or things required by this subpo-x,a withir. twenty (20} days after its servi:.e, the party serving this subpoer'la may seek a oyart order- ccnpe I l i ng you to carp l y with i t. rHIS SUBPOENA wA5 ISSUED AT THE REC:I~ST OF TFE FOILOWINO PERSON: NM£: George H. Eager, Esquire ager, a na er QDORESS: X47-~'sul-tu~.lle Eik~ Lancaster, PA 17601 rEIEPHONE:(717) 290-7971 :11F'REFE OC(.RT 10 iF 27740 ~i"fOftNEY FCR: Defendant BY TF~ COI.RT: ,nrE: __ _ Seal of the Court SUBPOENA TO PRCOUCE OOCL.P£NTS C12 THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 PA ProthonotaryjClerk, Civil Di•%ision JefwtY (Eff.-9/97) you are ordered by the court to :consultation reports,_office note. ..,+,~.~a.;c PIIElIR1#MRM IgYIlRp'291e1~lglM* 4lA11111! C17h8K)NFIIIU3H OF PF2RyS7CLNANIA CWNCY OF G~ RICHARD W. TURNER and DONNA MARIE TURNER, Plaintiffs vs. BRANDON N. HURRAY and CHRISTINE L. KING, Defendants File No. 01-4951 SUBPOENA 70 PRODUCE pOC1.P'£NTS CR THINGS FOR DISCOVERY PURSUANT TO Ru~E d009.22 ro: Salvatore Parascandola, M.D. op ar tree (N~e of Person or Entity) ~~ Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doasnents or thin s: ~Y and all first consultation reports,~office noteo- MRI, CT and x-ray films & reports, tesHi r , aad-does' c~sde~s; a~k-sng with anv and all other medical records and reports concerning Plaintiff Richard W. Turner (DOB: 3/1j43) (SSN: 186-34-0251) at 1347 Fruitville Pike, Lancaster, Pennsylvania, 17601. (Address) You may deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of carpliance, to the party making this request at the address listed above. You have the right. to seek in advancs the reasonable cost of preparing the copies or producing the things sought. lF you fail to produce the docunents or things required by this subpoxis wiYhir. t,renty (20) days after its service, the party serving this subpoe~~~a may seek a oatt^t orde,• ocrtpellir:g yoc: to crnply wiE:h it. THIS SUBPCENA WAS ISSUED AT T}~ REQUEST OF TI$ FOI.LOtI1Nd PERSON: NA>~: George H. Eager, Esquire ager, eina er appRESS: ~~7-~~~u~? le P{~> Lancaster, PA 17601 TELEPH~NE:(717) 290-7971 '~LPREhE Ct;(,RT 10 tl 2774'0 '.r~CRNEY FCR: Defendant BY TFiE COURT: _1. Prothonotary/Clerk. Civil Oi~:ision ~arE: __ _ __ Seal of the Court JeputY (Eff. 7/97) oo~xlwi~v~,Tx of ea~isYLVaxrA C10UNTY OF C(JNIBERIISPID RICHARD W. TURNER and ' DONNA MARIE TURNER, Plaintiffs File No. 01-4951 vs. BRANDON N. HURRAY and CHRISTINE L. KING, Def endant s SUBPOENA TO PRODUCE DOCI..hENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 l0: Moffit Pease & Lim Cardiology, Inc. ort ront ree (N~ of Person or Entity) ~- Wormleysburg, PA 17043 Within twenty (20) days after service of this subpoena, you are ordered by the court to ppr~~oduce the follaving docunents or thin s• Any and all first consultation reports,~office note. MRI, CT and x-ray films & reports, tes~L is , , aud~ac->=o-r-s~' osciers~eleng with anv and all other medical records and reports concerning Plaintiff Richard W. Turner (DOB: 3/1/43) (SSN: 186-34-0251) at 1347 Fruitville Pike, Lancaster, Pennsylvania, 17601. (Address) You may deliver or mail legible copies of the docunents or produce *.hings requested by this subpoena, together with the certificate of arTpiiance, to the party making this request at the address 1i~ted above. You have the right. to seek in advance the reasonable =ost of preparing the copies or producing the things sought. If you fail to ;,roducs the doaments or things required by this subpo-sia wif.hir. twenty (20) days after its service, the party serving this subpoena may seek a ~~rt cxde:- ccnpellirg yoc; to crnply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF Tf~ FOI..IOWING PERSON: NN"E: George H. Eager, Esquire ager, eina er QDORES5:~~7--F~u~.-tsv~le Piti Lancaster, PA 17601 ~EIEPHONE:(717) 290-7971 '~1.PRET-£ COURT ID # 27740 arfORNEY FOR: Defendant ~nTE Seal of the Court 8Y TFE COURT: ProthonotaryJClerk, Civil Division JeputY (Eff. 7/97) 0 OOFY•UNWE21LTEi OF PEPSiSYLVANIA COUNL'Y OE CS7P~FrtIALID RICHARD W. TURNER and DONNA MARIE TURNER, Plaintiffs File No. 01-4951 vs. BRANDON N. HURRAY and CHRISTINE L. KING, ' Defendants Sl1liP0ENA TO PROOl1CE OOCL.t•€NTS Cf2 TH I NOS FOR DISOOVERY Pl1RSUANT TO RULE 4009.22 ro: xoly s pus N. L1SL JLreeL (Name of Person Or' Entity) Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: see attached Addendum at __1~4Z_~xuitvtll Pt Lancaster. Pennsylvania, 17601. _ ~_ (Address) Yap may deliver or mail legible copies of the doaments or produce things requested by this subpoena, together with the certificate of arrpliance, to the party making this request at the address 1>>ted above. You have the right, to seek in advance the reasonable post of preparing the copies or producing the things sought. tf you fail to ;,roduce the documents «• things required by this subpo•~a withir. twenty (20) days after its servi:.e, the party serving this subpoena rcay seek a ar~rt crdef• curpellir:g you to comply with it. rHIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOI.t_0i4lNG PERSON: NN•E: George H. ..Eager, Esquire QDORESS: Eager, Reinaker & Spinello -134-7- -Pr a=t~-i~t'a-£=ka ~ancastss}.PA 17601 rELEP!-bNE:t7t71 290-7971 '~L.PREFE COUtT ID #_ X7740 ~~rORNEY fOR: Dependant BY T}-fE OCURT: ------- Prothonotary/Clerk, Civil Oi•%ision ~nTE: __ _ ___ Seal of the Court ---- Deputy - (Eff. 7/97) CERTIFIED PHOTOCOPIES OF THE RECORDS WII.L BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW RICHARD W. TURNER AND NO.: 01-4951 DONNA MARIE TURNER, Plaintiffs v. BRANDON N. MURRAY and CHRISTINE L. KING, Defendants ADDENDUM TO SUBPOENA CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL A COPY OF ANY AND ALL OF THE FOLLOWING: PERTINENT FILE INCLUDING, BUT NOT LIMITED TO: 1. ADMISSION AND DISCHARGE INFORMATION; 2. CONSULTATION REPORTS; 3. HISTORY AND PHYSICAL EXAMINATIONS; 4. OPERATIVE AND PATHOLOGY REPORTS; 5. EMERGENCY/OUTPATIENT RECORDS; 6. REHABILITATION MEDICINE (PT, OT, SPEECH); 7. MRI, CT AND X-RAY REPORTS AND FILMS ON PLAINTIFF. ALSO TO BE INCLUDED: 8. ANY AND ALL PAIN CLINIC AND PSYCHIATRIC RECORDS ON PLAINTIFF. NAME: RICHARD W. TURNER DATE OF BIRTH: 03/01/43 SSN: 186-34-0251 CERTII~7ED PHOTOCOPIES OF THE RECORDS WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE COM3DNWFI~LTH OF PENNSYL~ANZA ~UNCY OF Q3M61•R~>•ID RICHARD W. TURNER and DONNA MARIE TURNER, Plaintiffs vs. File No. 01-4951 BRANDON N. HURRAY and CHRISTINE L. KING, Defendants SUBPOENA TO PRODUCE OOCtl9ENTS OR TNINQS FOR DISCOVERY PURSUANT TO RULE 4009.22 Tp: Smith Radiology, Inc. 1515 Bridge Street (Name of Person or Entity) New Cumberland, PA 17070 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ~Y and all films and reports on Plaintiff Richard W. Turner (DOB: 3/1/43) (SSN: I86-34-0251) at _ 1347 Fruitville Pike, Lancaster, Pennsylvania, 17601. _ _ (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 rt~aking this request at the address l±~ted above. You have the right. to seek in advance the reasonable =ost of preparing the copies or producing the things sought. If you fail to ;~roduca the documents or things required by this subpax~a wiYhir. twenty (20) days after its service, the party serving this subpoe+'~a may seek a ~~rt order alrpellir:g you to Imply wi4:h it. PHIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAB. George H. Eager, Esquire; Eager, Reinaker & Spinello aODRESS: 1347 Fruitville Pike Lancaster~_.PA 17601 TELEPHONE: (717) 290-7971 ~t,PRF1E COURT tD t# 27740 •TfORNEY FOR: mpFen`iant BY THE COURT: Prothonotary/Clerk, Civil Di•%ision ~nrE: _ _ _ Seal of the Court ---- `-' JeputY (£ff. 797) OOtR~0NWE~IL'L4{ OF flfSII1SYLVANIA COUNPY OE Q3P<SFRLAi•ID RICHARD W. TURNER and DONNA MARIE TURNER, Plaintiffs vs. BRANDON N. HURRAY and CHRISTINE L. KING, Defendants SUBPOENA TO PRCOUCE DOCLh£NTS OR THINt3S FOR DISCOVERY PURSUANT 70 RULE d009.22 f'0: Community Imagine Associates 865 South Arlington Avenue (Name of Person or Entity) ~- Harrisburg, PA 17109 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ~Y and all films and reports on Plaintiff Richard W. Turner (DOB: 3!1/43) (SSN: 186-34-0251) at _ 1347 Fruitville Pike, Lancaster Pennsylvania, 17601. _ _ (Address) You may deriver or mail legible copies of the documents or produce *.hings requested by this subpoena, together with the certificate of ocnpliance, to the party making this request at the address li>ted above. You have the right. to seek in advanc°. the reasonable _ost of preparing the copies or' producing the things sought. tf you fail to ;sroduc° the documents or things required by this subpox~s withir. twenty (20) days after its servi.;e, the party serving this subpoena may seek a ar~rt orde!- ccrrpellir;g yoc: to ocmply wi4:h it. THIS 5UBPCENA WAS ISSUED AT THE REQUEST OF THE F0a_LOWING PERSON: Npp~; George H. Eager, Esquire; Eager, Reinaker & Spinello 4DURESS: 1347 Fruitville Pike Lancaster~_.PA 17601 tEC.EPHOtJE: 717) 290-7971 ~UPREM£ COURT ID # 27740 af~fORNEY fDR: Def PnAant File No. 01-4951 BY TI$ COURT: Prothonotary/Clerk, Civil Di•:ision ~nTE: __ _ ___ Seal of the Court V ---- Jetx~ty (Eff. 7/97) CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day served a true and correct copy of the foregoing Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 upon the person and in the manner indicated below. Service by First Class Mail, addressed as follows: Michael J. Cassidy, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 B. Craig Black, Esquire McKisSOCk & Hoffman, P.C. 2040 L,inglestown Road Suite 302 Harrisburg, PA 17110 EAGER, REINAKER & SPINELLO BY: Geo e H. Ea Esquire At rney fo Defendant Brandon N. Murray I.D. No. 25971 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 Dated: 2 ~ 1' ~3 1 4 ~ , , CERTIFICATE OF SERVICE ~ I~ . I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Michael J. Cassidy, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 B. Craig Black, Esquire McKissock & Hoffman, P.C. 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 EAGER, REINAKER & SPINELLO 2(20~O3 BY: Georg e H. g Esq Attorney or efenda Brandon urray I.D. No. 5971 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 ~, - ,- ; ..,. , .. -~ z ~ ~~ - -; - _ _ ~s _ .+.,, . -~ 1-ij ty~ _~ ~j ... !~`~~0.x~ncn*ms» ~ Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.A. No. 82164 301 Mazket Street P, O. Box 109 Attorneys for Plaintiff Lemoyne, Pennsylvania 17043-0109 (717)761-4540 RICHARD W. TURNER and DONNA MARIE TURNER Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. BRANDON N. MURRAY and CHRISTINE L. KING, Defendants NO. 01-4951 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above captioned action as discontinued with prejudice. JOHNSON, DUFFIE, STEWART & WEIDNER Dated: la ~ Zoe By: ~`_' '~ ~--~~-~ Michael'J. Cassidy Attorney I.D. No. 82164 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 csj:236638 Telephone (717) 761-4540 12380-1 Attorneys for Plaintiffs ~, CERTIFICATE OF SERVICE AND NOW, this day of ~~, 2004, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: B. Craig Black, Esquire McKissock & Hoffman 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 Dennis E. Reinaker, Esquire Eager, Reinaker & Spinello 1347 Fruitville Pike Lancaster, PA 17601 JOHNSON, DUFFIE, STEWART & WEIDNER ~. {~ f' ~~ cy __ ~.-yt .~-i J"- t.; ' ~ ' J c' ~. ' r~,,, .-j l c ~ ~ , 7~`::::' hvl ., t_J fr7 ~~ ., by -; ~s~~