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01-05255
N0.9 BRENDA ANN TAGGART, IN THE-COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-5255 CIVIL CIVIL ACTION -LAW MARTHA C. PETERS, Defendant 1N RE: PRETRIAL CONFERENCE Present at a pretrial conference held February 20, 2002, were Edward E. Knauss, IV, Esquire, attorney for the plaintiff, and Jefferson J. Shipman, Esquire, attorney for the defendant. This case arises out of an accident which occurred on March 8, 2000, on State Route 114 in Silver Spring Township, Cumberland County, Pennsylvania. The accident occurred at the intersection of 114 and Sporting Green Drive, which is the entrance to the Wa1-Mart Shopping Center off the Carlisle Pike. A vehicle driven by the defendant made a left turn in front of the plaintiff causing a collision. Mr. Shipman was not prepared to stipulate with regard to the matter of negligence at the pretrial conference. This otherwise uncomplicated trial should be of no more than two and one-half days' duration. Both Mr. Knauss and Mr. Shipman have other cases on the civil list which have been held over from the last term and which, presumably, have priority. February 20,2002 Hess, J. s .. Edward E. Knauss, IV, Esquire For the Plaintiff Jefferson J. Shipman, Esquire For the Defendant Court Administrator :rlm GOI,DBERG, KATZMAN & SHIPMAN, P.C. Jefferson J. Shipman, Esquire ID#: 51785 PO Box 1266 Harrisburg, PA 17108-1266 (717) 239-4161 Fax: (717) 239-6810 Attorney for Defendant, Peters - BRENDA ANN TAGGART, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-5255 CIVIL TERM MARTHA C. PETERS, CIVIL ACTION -LAW Defendant JURY TRIAL DEMANDED PRE-TRIAL MEMORANDUM OF THE DEFENDANT AND NOW, comes the Defendant, Martha D. Peters, by and through her counsel, Goldberg, Katzman & Shipman, P.C., and files the following Pre-Trial Statement in accordance with Pennsylvania Rule of Civil Procedure 212.2 and Cumberland County Rule of Civil Procedure 212.4. 1. Statement of the basic facts as to liability. The case arises out of an accident which occurred on March 8, 2000 on State, Route 114 in Silver Spring Township, Cumberland County, Pennsylvania. The accident occurred at the intersection of 114 west and Sporting Green Drive, which is the entrance to the Wal-Mart Shopping Center just off of the Carlisle Pike. The Plaintiff, Brenda Taggart, was traveling west on 114, intending to travel through the intersection, which was controlled by a traffic signal, and ultimately reach Interstate 81. The Defendant, Martha Peters, was traveling east on 114, intending to turn left at the signal into the mall. Both vehicles had the green traffic signal. The Defendant Peters turned left and there was in impact in the right westbound lane of route 114 when the front portion of the Taggart vehicle struck the passenger side of the Peters vehicle. 2. Statement o£ the basic Facts as to damaces. The Plaintiff was treated and released at the Carlisle Hospital for multiple complaints of pain, including pain in her left shoulder. She was treated conservatively by her family physician at Three Springs Family Practice, but because of continuing left shoulder pain, was referred to James Baker, M.D., orthopedic surgeon in Carlisle. Dr. Baker ordered an MRI, which, according to him revealed no injury. Dr. Baker continued to treat her conservatively and did not feel there was a need for surgery. The Plaintiff continued to complain of pain and then was referred by her family physician to John C. Rogers, M.D., also an orthopedic surgeon, in Carlisle. Ultimately Dr. Rogers performed left shoulder surgery in June of 2001. It should also be noted that the Plaintiff may have aggravated her shoulder pain 2 when she fell, or stumbled, between treatment by Dr. Baker and Dr. Rogers. 3. Statement of tirincioal issues of liability and damages. a. Whether the Defendant Peters was negligent and whether such negligence was a substantial factor in causing all of the injuries and damages to Plaintiff. b. Whether the Plaintiff was contributorily negligent. c. Amount of damages sustained by Plaintiff. 4. Summary of legal issues regarding evidence. It is not anticipated that there will be any difficult or novel legal issues in this case. 5. Identity of witnesses. a. Plaintiff, Brenda Taggart, as on cross-examination b. Defendant, Martha Peters c. Dr. John C. Rogers as on cross-examination d. Dr. James Baker, treating physician _ e. Three Springs Family Medicine, treating physicians The Defendant, Martha Peters, respectfully reserves the right to supplement this witness list seasonably in advance of trial. Specifically, the Plaintiff's deposition transcript has 3 not yet been completed and will need to be reviewed for the addition of any further witnesses, including possibly Plaintiff`s sister. 6. List of exhibits. a. All medical records and reports produced in discovery. b. All materials exchanged in discovery. The Defendant, Martha Peters, respectfully reserves the right to supplement this exhibit list seasonably in advance of trial. 7. Current status of settlement negotiations. Plaintiff has demanded $95,000. Defendant anticipates a settlement offer by the time of the Pre-Trial Conference. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. Je e son J. Shipma , Esquire Attorney I.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant DATE: February 18, 2002 66970.1 4 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by facsimile transmission on February 18, 2002: Edward E. Knauss, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 Harrisburg, PA 17110-0300 Attorneys for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. B ~ /4 b~ 1O"~.Nv~ Jeson J. Shi man, Esquire I.D. #: 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant 68971.1 _.. _ .~.. ~.. _ ~ ~... - w~xY. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA BRENDA ANN TAGGART, Plaintiff, CIVIL ACTION -LAW NO.Ol-5255 v. MARTHA C. PETERS, JURY TRIAL DEMANDED. Defendant; PRETRIAL MEMORANDUM ON BEHALF OF PLAINTIFF I. BASIC FACTS AS TO LIABILITY This is a personal injury action brought by Plaintiff Brenda Ann Taggart for injuries sustained on March 8, 2000 in a motor vehicle accident. Plaintiff was traveling west on Route 114, and Defendant Martha C. Peters was traveling east on Route 114. Plaintiff had a green light and the right-of--way. Defendant made a left turn in front of Plaintiff, failing to yield the right- of-way to Plaintiff. A collision occurred, and Plaintiff sustained a left shoulder injury which required surgery. At the time of the accident Plaintiff was operating a van within the course and scope of her employment for Miller & Son's, Inc. II. BASIC FACTS AS TO DAMAGES As a result of the collision, Plaintiff Taggart sustained various contusions and abrasions. She also suffered a left shoulder impingement, a labral tear of her left shoulder, and a acromioclavicular joint arthropathy in the left shoulder. She was treated with medication, physical therapy and injections, none of which provided any lasting relief. Eventually she had n„~„mo.,~e~ mass i surgery in June of 2001 by John C. Rodgers, M.D. A copy of the report of the operation is attached hereto as Exhibit A. At the time of the accident Plaintiff was earning $275.00 a week as a van driver for Miller & Son's, Inc., transporting school children. The children had special needs, and part of her job would often include lifting or helping to move the children. In addition, Plaintiff is left- handed, and it was her left shoulder which was injured. She was unable to work and was completely off of work from the date of the accident on March 8, 2000 until July 5, 2000. From July 5, 2000 until August 7, 2000, she worked four days a week and earned $40.00 a day for a total of $160.00 a week, instead of $275.00 a week which she would have earned had she not been injured. Between August 7, 2000 and November 26, 2000, Plaintiff did not work at all due to her injuries. She then attempted to return to work and was able to work part-time between November 26, 2000 and June 6, 2001. During that period of time she worked five days a week but earned only $40.00 a day instead of $55.00 a day, since she drove fewer miles and worked fewer hours each day. She earned $200.00 a week instead of $275.00 a week. Between June 6, 2001 and September 4, 2001, Plaintiff did not work at all due to her injuries. She had her surgery during that period of time. On September 4, 2001 Plaintiff was able to return to work and is currently working full-time in her job. She still suffers residual effects from her injuries. She cannot sleep on her left arm, her arm will freeze, and her shoulder will go into spasm at times. She cannot lift with her left arm, cannot open a jar with her left hand and cannot reach above her head for any length of time or to do any work. She has scarring on her left shoulder from the surgery. n~M,mo„~x~n~eei ~ Since the injury to the Plaintiff happened during the course of her employment and she received worker's compensation benefits, there is a worker's compensation subrogation lien in the case, and Plaintiff therefore will be able to prove and recover her wage losses and medical expenses. The total worker's compensation lien to date is $29,688.00, which includes $19,113.00 in medical expenses and $11,446.00 in wage-loss benefits. Since the worker's compensation carrier paid only a portion of her actual wage losses, the actual amount of the wage loss is higher. III. STATEMENT OF PRINCIPAL ISSUES OF LIABILITY AND DAMAGES 1. Whether Defendant Peters was negligent and whether such negligence was a substantial factor in causing injuries and damages to Plaintiff Taggart. 2. Amount of damages sustained by Plaintiff Taggart. IV. SUMMARY OF LEGAL ISSUES There are no complicated or unusual legal issues. This is a straightforward case of negligence. It is unknown whether Defendant Peters will be asserting that Plaintiff was contributorily negligent in any degree. The medical bills and wage losses are all recoverable, in addition to noneconomic damages. Plaintiff requests a stipulation that the medical bills were reasonable and necessary and also a stipulation as to the amount of wage losses. Plaintiff will request charges from the Pennsylvania Standard Civil Jury Instructions, as well as some specific charges on various sections of the Pennsylvania Motor Vehicle Code. n„~,.mo»~ a~ n~eoi i V. IDENTITY OF WITNESSES TO BE CALLED 1. Plaintiff Brenda Taggart 2. Defendant Martha Peters 3. Officer William A. Burger, Jr., investigating officer 4. John C. Rodgers, M.D., treating physician i 5. Jeff Miller, Miller & Son's, Inc., damage witness 6. Dusten Taggart, damage witness 7. Agnes Deel, damage witness 8. Fred Schulthies, liability witness VI. LIST OF EXHIBITS 1. Diagram of accident scene 2. Photographs of damage to vehicles 3. Photographs of accident scene 4. Wage Loss Summary chart 5. Medical Expenses Summary chart 6. Medical records of Plaintiff 7. Deposition and videotape of deposition of John C. Rodgers, M.D. 8. Photographs of scarring n~,,.mo.,~ d~ »~ee> > VII. CURRENT STATUS OF SETTLEMENT NEGOTIATIONS Defendant's policy limits at the time of the accident were $100,000.00. The Defendant's carrier, Erie Insurance, paid Plaintiff an advancement of $5,000.00. Plaintiff Taggart has demanded the remaining amount available under the policy limits of $95,000.00. Defendant has made no settlement offer. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Edward E. Knauss, IV Attorney I.D. No. 19199 3211 North Front Street P. O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: ~'/. ~''.~ Z""._ n„M,m<.,~ x~ »~eei i ~~,. 86121/91 99:44:39 t RightFAX-> 717 24%235 Rtgh±FflX ~ Yage tltll TAC3t3ART, BRENDA A 08I2Df2001 898114 DATE OF OPERATION:08/~/Z001 6URGEON: John C, Rodgers, M.D: ASSISTANT BURGEON: PREOPERATIVE DIAGN0818: Le}t ahculder impingement, labral tenr, ecromlocleviouler Joint arthropathy PQBTOPERATIVE DIAaN0919: Left shoulder Impingement, labral tear, ecromloolavicular }Dint erthrapethy. OPERATION: Operative arthroacopy of the left shoulder, arthroaoopio labral debridemant, subacromlal decompresalon and aoromlopfaaty, open Mumford prooadure, ANESTHESIA: General by endotreoheel tube. ESTIMATED BLOOD LOSS: Minimal. FLUIDS: 1,600 cc of Cryetellold. IMPLANTS: Pain pump oathatar limas two. OPERATIVE INDICATIONS: Patient is a 54ryear-old white female who inJured her Taft r;fdoulder in March of 2000. She has had no re{lei with physioel therapy. She had en MRi which Indioeted e labral tear. Plan was for arthroaoopio labral repair, deoompresalon and aoromfoplasty, passible open Mumtord. PROCEDURE IN DETAIL: Patient was brought to the mein theatre, placed on the table in the supine position in the Sohlein baeoh ohair poeitionar. After being approprlaCely anesthetized by general anaetheala; aha was ppaltionad and padded In the beech ohalr poaltlon and her left shoulder and arm was prepped and draped In the usual sterile }aahlon. The posterior portal was made two finger breadkhe posterior and medial to the poetsrolateral oorner of thi aoromlon through which the erthrasoope wee Introduced Into the glenohumerel joint vie blunt trooer, The Joint was inspeoted and }ound to oontaln an absent long head of the bioepa tendon with no visible signs that it had been torn for anywhere. Tha superior labrum wu smooth and intact. Tha antarlor eupalar labrum showed a degenerative internal impingement type tear but was not unata6le and did not need to be repaired, only debrided. This wee done After en anterior outalde In oannula was passed and the Arthiicere Cabietlon wand wsa used to ooblate the tissue to a stable paeition. The rotator Duff attachment was Intact throughou4 under direct vlalon. Attention was than turned to the eubeoromial epaoe where the same Posterior portal was uasd to peep the ertisrosoope vie a blunt troaer into 4he eubeoromlel speoe with a lateral Aorta! being made two finger breadths lateral to the aaromion and lateral to the clavlole. The aubaoromlal dwompnssiori wsa thero4ore performed utilizing the synovial reseotor shaver and the Arthricare tissue ablator, removing the subaoromial and subdeltold bursa under direct vision and olearing the soft tissue af} the understirfeoe of the eoramion around the lateral and antarlor margins over to the TAGOART, BRENDA A 898114 08/20/2061 1 Z/1311946 RODGERS, JOHN C Papa 1 0} 2 DICTATING PHYSICIAN COPY CARLISLE HOSPITAL OPERATIVE REPORT 86/21/61 69145116 ~RightFAX-> .717 2496235 RiA% TADOART, BRENDA A 08J20/~01.. 898114 ~~ trait:. :; B m ~J tut eves oast from the posterior ports( wftA the scope fn the lateral portal and approximately 9 mm of anterior aoromion was shaved down flat, Pagc 862• Attention was then turned to the AC Joint where an open Mumford procedure was performed utilizing a Art @ blade for an oblique incision in the akin oust the AC joint. Hemoatasia was obtained using the Bovie inside the tissue down to the level of the AC Joint faaola. The Eesaln and periostt,um were divided longitudlnalfy over the distal end of the clavicle and reflected book, The AC joint capsule itself was sharply sxolwd with ,f`16 blade, The dlatal 1'h am of the olavlcle was then raseoted using a saglttal saw taking more baria interiorly and poaterlarly. The wound was copiously irrigated. The periosteal sleeve wee reepproximated using a running 0 Vicryl suture followed by Pidoement of the aoape beak Into the lateral portal, placement of a pain pump oethetar uainp a needle trocar Into the eubeoromlal apace and another one Into the reseotlon alto at the AC Joint with the tip of the catheter being placed down directly into that site. The subcutaneous tisauea were closed running Z~0 Vicryl suture followed by running 40 Prolene subouticular suture with kAastlaol and Steri-Strips for the akin. D-0 Nylen vertioel mattress sutures were used to close the three arthraeoopio portals, The pain pump oathetere were aeourely taped down and then Lolueed gaoh with 16 co of Ye Wu plain Maroalne and aonnwtad to the pain pump delivering approximately 1.8 ooJhr. Tha wound was covered with Xeroform, aterlle dry dressing and Elastoplast. The petlent was pieced into a shoulder Immobilizer, extubeted and transferred bank to the hospital stretcher and taken to rsaovery in stable condition after tolerating the procedure well, JCRPopm D: D8/20/2001 18:43:84 T: 08lZ 1 /YD01 09.00101 C: John C, Rodgar6, M.D. John C. Badgers, M.D. TAGGART,BRENDAA 898114 08I201?AO 1 12/13/1948 RODiiERB, JOHN C Page 2 at 2 DICTATING PHYSICIAN COPY CARLI6LE HOt3P{TAL OPEPUITIVE REPORT CERTIFICATE OF SERVICE I, Edward E. Knauss, IV, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, hereby certify that I served the foregoing Pretrial Memorandum this 15th day of February, 2002, by depositing the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Jefferson J. Shipman, Esquire Goldberg, Katzman & Shipman, P.C. P. O. Box 1268 Harrisburg, PA 17108 Edward E. Knauss, I n.,M.m<~,u~ n~em i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA BRENDA ANN TAGGART, Plaintiff CIVIL ACTION NUMBER: vs. MARTHA C. PETERS, Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND TO: Martha C. Peters 4500 Spring Road Shermans Dale Perry County, PA YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within Twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and 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, 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 Associations 2 Liberty Avenue Carlisle, Pa 17013 (717)249-3166 Document N: 2/4566.1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA BRENDA ANN TAGGART, Plaintiff CIVIL ACTION NUMBER: vs. MARTHA C. PETERS, JURY TRIAL DEMANDED Defendant NOTICE TO DEFEND TO: Martha C. Peters 4500 Spring Road Shermans Dale Perry County, PA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la torte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la cone tomara medidas y puede entrar una Orden contra usted sin previo aviso a notification y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DB2ECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE 9PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Associations 2 Liberty Avenue Carlisle, Pa 17013 (717)249-3166 Document #: 274566.1 r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA BRENDA ANN TAGGART, Plaintiff CIVIL ACTION NUMBER: vs. MARTHA C. PETERS, Defendant ~ ~l- ~a~5 C- v, I JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Brenda Ann Taggart is an adult individual residing at 36 S. Middlesex Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant Martha C. Peters is an adult individual residing at 4500 Spring Road, Shermans Dale, Perry County, Pennsylvania. 3. Miller and Son's Inc., is a company with its principal place of business at 1189 Boiling Springs Road, Mechanicsburg, Cumberland County, Pennsylvania. 4. On Mazch 8, 2000, Plaintiff Brenda Ann Taggart was the operator of a 1998 Chevrolet Astro owned by Miller and Son's Inc., and was at all times acting within the course and scope of her employment with Miller and Son's Inc. 5. On March 8, 2000, Defendant Martha C. Peters was the operator of a 1984 Cutlas Ciera Oldsmobile. 6. Plaintiff, Brenda Ann Taggart's vehicle was travelling west on Route 114 towards I-81, in Cumberland County, Pennsylvania, and Defendant Martha C. Peters was Document #: 214566. / operating a 1984 Cutlas Ciera Oldsmobile east on Route 114, Cumberland County, Pennsylvania. 7. Plaintiff was travelling west on Route 114 when the Defendant suddenly and without warning made alert-hand turn in front of and directly into the path of the Plaintiff, causing the two vehicles to collide . 8. As a result of the aforesaid accident and collision, Plaintiff sustained various personal injuries, all or some of which may be permanent or chronic in nature, including but not limited to, an injury to her left shoulder and abdominal wall contusions. 9. As a result of the aforesaid accident and injuries, Plaintiff has incurred various medical expenses for physicians, hospitals, medical supplies, medications, therapy, and other medical treatment, and she will in the future continue to incur such medical expenses. 10. As a result of the aforesaid accident and injuries, Plaintiff has sustained a loss of income and may in the future continue to suffer a loss of income and a permanent impairment of her future earning capacity. 11. As a result of the aforesaid accident and injuries, Plaintiff has undergone emotional and mental distress and anguish, embarrassment and humiliation, and will in the future continue to undergo such mental distress and anguish, embarrassment and humiliation. 12. As a result of the aforesaid accident and injuries, Plaintiff has undergone much pain., suffering, inconvenience, lost of the enjoyment of life, and the loss of life's pleasures, and will in the future continue to suffer such losses. Document N: 2!4566./ 13. As a result of the aforesaid accident and injuries, Plaintiff has sustained, or may in the future sustain, permanent scarring and disfigurement. 14. The aforesaid accident and injuries suffered by Plaintiff were the direct and proximate result of the negligence and carelessness of Defendant, as follows: (a) She failed to operate her vehicle at a safe and appropriate speed; (b) She failed to keep a proper lookout for other vehicles on the highway; (c) She failed to yield the right-of-way to Plaintiff; (d) She made alert-hand turn in front of Plaintiff when it was not safe to do so and when she was not able to proceed safely in front of Plaintiff; (e) She failed to keep her vehicle under control; (f) She failed to steer or stop her vehicle so as to avoid a collision with Plaintiff's vehicle; and (g) She failed to observe Plaintiff's vehicle. 15. Defendant is liable to Plaintiff for all of those damages sustained by Plaintiff, as set forth in the preceding paragraphs. Document #: 214566.1 WHEREFORE, Plaintiff demands judgment against Defendant in an amount exceeding that requiring submission to compulsory arbitration, plus costs. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. BY: ~G'%~~%2 Edward E. Knauss, IV, Esquire Attorney I.D. No. 19919 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Attorneys for Plaintiff Dated: August 31, 2001 Document #: 274566.7 VERIFICATION I, ~~„~a. a l ao oars ,do hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of my personal knowledge or informafion and belief. I understand that false statements herein are made subject to the penahies of 18 Pa.C.S. §4904, relating to unsworn falsificationto authorities. Date:Q~,~„ 30 ~,pp1 BRENDA ANN TAGGAR Document #: 274566.7 c> ~ r, c- _-~ - , s :,, _ , -~ ~ mrf, :-•-f -v ... ,'- ry, ~ , 1 ~. U.`Si S G*~ . , ~ .ii = . -_ t.J rC1 ~Ci -~- _ {'tom ~~ IV ~m N SHERIFF'S RETURN - OUT OF COUNTY . CA SF NO: 2001-05255 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAGGART BRENDA ANN VS PETERS MARTHA C R. Thomas K1 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: PETERS MARTHA C but was unable to locate Her deputized the sheriff of PERRY serve the within COMPLAINT & NOTICE in his bailiwick. He therefore County, Pennsylvania, to On September 13th 2001 this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Perry Co. 26.90 .00 63.90 09/13/2001 METZGER WICKERSHAM So answer ~// ~ R. homas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ~ q ~ day of ~vt~/ A.D. ~ ~ ,~.~ ` Prothonot r ~n The Court of Cotnrnon Pleas of Cumberland County, Pennsylvania Brenda Ann Taggart VS. Martkia C. Peters serve same NOw, 9/7j01 hereby deputize the Sheriff of No, O1 5255 civil I, SHERIFF OF CUMBERLAND COUNTY, PA, do Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. c.,~aa-.~ -. Sheriff of Cumberland County, PA ~tfidavit ®f Service Now, September 12 , 20 01 at 1 1 :1 5 o'clock A M. served the Wltllln Complaint upon Martha C Peters at 4500 Spring Rd. Carroll Twp. Shermansdale Pa. 17090 by handing to Martha C. Peters a True & Attested copy of the original Complaint and made known to the contents thereof. So answers, Donald E. Smith Sworn and subscribed before me this day of 5~ ~IK~/~~ 20~ NOTARIALSEAL MA RETF.FLICKINGER,NOTARYPUBLIC BLOOMFIELD BORO., PERRVCOUNTY COM ISSION E)(P1RES FEB.16 :QUA Deputy S eriff of perry County, PA COSTS SERVICE $ MILEAGE AFFIDAVIT ~. GOLDBERG, KATZMAN & SHIPMAN, P.C. Jefferson J. Shipman, Esquire ID#: 51785 PO Box 1266 Harrisburg, PA 17108-1268 (717) 239-9161 Fax: (717) 234-6810 Attorney for Defendant, Peters BRENDA ANN TAGGART, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-5255 CIVIL TERM MARTHA C. PETERS, Defendant TO THE PROTHONOTARY: CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE PLEASE enter the appearance of the undersigned on behalf of the Defendant, Martha C. Peters, in the above-captioned matter. Date: { ~27 I ~~ 68970.1 {{ GOLDBERG, KATZMAN & SHIPMAN, P.C. /1 Esquire I'. D. #: 51785 P.O. Box 2361 Harrisburg, PA 17108-1268 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on Q `a-1 Q(. Edward E. Knauss, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 Harrisburg, PA 17110-0300 Attorneys for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. Jef Shipm , Esquire I.D. #: 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant 68971.1 r: ~:., - ,,., „ -'s . J -_ , ,'J - t J ~~- T-' GOLDBERG, KATZMAN & SHIPMAN, P.C. Jefferson J. Shipman, Esquire ID#: 51785 PO Box 1268 Harrisburg, PA 17106-1268 (717) 234-4161 Fax: (717) 234-6810 Attorney for Defendant, Peters BRENDA ANN TAGGART, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. . NO. 01-5255 CIVIL TERM MARTHA C. PETERS, Defendant To THE PLAINTIFF: CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICE You are hereby notified to plead to the enclosed New Matter within twenty (20) days from the date of service hereof, or a default judgment may be entered against you. KATZMAN & SHIPMAN, P.C. Date: t~~t~f f ~~ 68960.1 t~ J~f~Sn J. Shi~man, Esquire I.D. #: 51785 P.O. Box 2361 Harrisburg, PA 17108-1268 Attorneys for Defendant GOLDBERG, EATZMAN & SHIPMAN, P.C. Jefferson J. Shipman, Esquire ID#: 51785 Po Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Fax: (717) 234-6810 Attorney for Defendant, Peters BRENDA ANN TAGGART, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-5255 CIVIL TERM MARTHA C. PETERS, CIVIL ACTION -LAW Defendant JURY TRIAL DEMANDED ANSWER AND NEW MATTER AND NOW, comes the Defendant, Martha C. Peters, by and through her counsel, Goldberg, Katzman & Shipman, P.C., and files the following Answer and New Matter: 1. Admitted. 2. Admitted. 3. Denied. After reasonable investigation, the Defendant, Martha C. Peters, is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 3. 4. Admitted in part, denied in part. It is admitted only that on March 8, 2000 Plaintiff, Brenda Ann Taggart, was the operator of a 1998 Chevrolet Astro. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 4. 5. Admitted. 6. Admitted. 7. Denied. The averments contained in Paragraph 7 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 8. Denied. After reasonable investigation, the Defendant, Martha C. Peters, is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 8 relating to Plaintiff's alleged injuries. The same are therefore denied and strict proof demanded at the time of trial. 9. Denied. After reasonable investigation, the Defendant, Martha C. Peters, is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 9 relating to Plaintiff's alleged medical care. The same are therefore denied and strict proof demanded at the time of trial. 10. Denied. After reasonable investigation, the Defendant, Martha C. Peters, is without sufficient knowledge or information to form a belief as to the truth of the averments contained in 2 Paragraph 10 relating to Plaintiff's alleged loss of income and the same are therefore denied and strict proof demanded at the time of trial. 11. Denied. After reasonable investigation, the Defendant, Martha C. Peters, is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 11 relating to Plaintiff's alleged emotional and mental distress and anguish, embarrassment and humiliation and the same are therefore denied and strict proof demanded at the time of trial. 12. Denied. After reasonable investigation, the Defendant, Martha C. Peters, is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 12 relating to Plaintiff's alleged pain, suffering, inconvenience, loss of enjoyment of life and loss of life's pleasures and the same are therefore denied and strict proof demanded at the time of trial. 13. Denied. After reasonable investigation, the Defendant, Martha C. Peters, is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 13 relating to Plaintiff's alleged scaring and disfigurement and the same are therefore denied and strict proof demanded at the time of trial. 3 14. Denied. The averments contained in Paragraph 14 and Subparagraphs (a) through (g) are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. (a) Denied. It is specifically denied that the Defendant failed to operate her vehicle at a safe and appropriate speed; (b) Denied. It is specifically denied that the Defendant failed to keep a proper look-out for other vehicles on the highway; (c) Denied. It is specifically denied that the Defendant failed to yield the right-of-way to Plaintiff; (d) Denied. It is specifically denied that the Defendant made a left hand turn in front of the Plaintiff when it was not safe to do so and when she was not able to proceed safely in front of the Plaintiff; (e) Denied. It is specifically denied that the Defendant failed to keep her vehicle under control; (f) Denied. It is specifically denied that the Defendant failed to steer or stop her vehicle so as to avoid a collision with the Plaintiff's vehicle; and 4 (g) Denied. It is specifically denied that the Defendant was negligent by allegedly failing to observe the Plaintiff's vehicle. 15. Denied. The averments contained in Paragraph 15 are conclusions of law and fact to which no response is required. WHEREFORE, the Defendant, Martha C. Peters, respectfully requests that judgment be entered in her favor and that Plaintiff's Complaint be dismissed with prejudice. NEW MATTER By way of further answer and reply the Defendant, Martha C. Peters, interposes the following New Matters: 16. That this action is subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. §1701, et sea. 17. That the Plaintiff's claims may be limited or barred by the "Limited Tort" Option, pursuant to 75 Pa. C.S.A. §1705, et se . 18. That if it should be found that there was any negligence on the part of the answering Defendant, Martha C. Peters, which negligence is expressly denied, any such negligence was not a proximate cause of any damages to the Plaintiff. 5 19. If the Plaintiff suffered injuries as alleged in the Complaint, those injuries injuries were caused in whole or in part by the negligence of the Plaintiff, and recovery in this action is barred or diminished in accordance with the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. §7102, et se~• 20. That the negligence of the Plaintiff consisted of the following: (a) Failing to have her vehicle under proper and adequate control; (b) Failing to keep a proper look-out for other vehicles on the highway; (c) Failing to drive at a speed that was safe for the conditions then and there existing; (d) Failing to keep a proper distance from the vehicles ahead; and (e) Failing to bring her vehicle to a stop within the assured clear distance ahead. 21. That the Plaintiff's failure to exercise reasonable care for her own safety was a substantial factor in the happening of the accident. 6 WHEREFORE, the Defendant, Martha C. Peters, respectfully requests that judgment be entered in her favor and that Plaintiff's Complaint be dismissed with prejudice. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. Jef ers9¢ri J. Ship~n, Esquire I.D #: 51785 P.O. Box 2361 Harrisburg, PA 17108-1268 Attorneys for Defendant 68951.1 7 VERIFICATION I, Martha C. Peters, hereby acknowledge that I am the Defendant in this action; that I have read the foregoing and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Martha C. Peters Date: (~~~b~c~l 68961.1 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on (7 (Q ~~ Edward E. Knauss, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 Harrisburg, PA 17110-0300 Attorneys for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. ~F/,~~A~c'~~2~f~LcP~GI J ff~~on J. Shipman, Esquire I D. #: 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant 68971.1 ~~ ~. ~~ ,. IN THE COURT OF COMMON PLEAS CUMBERLANH COUNTY PENNSYLVANIA BRENDA ANN TAGGART, Plaintiff, CIVIL ACTION-LAW NO.Ol-5255 v. MARTHA C. PETERS, JURY TRIAL DEMANDED. Defendant; REPLY OF PLAINTIFF TO NEW MATTER 16.-21. All these Paragraphs are denied as incorrect legal conclusions. Any facts are also specifically denied. WHEREFORE, Plaintiff demands that the New Matter be dismissed, and that judgment be entered in her favor with costs. METZGER, WICKERSHAM, KNAUSS & ERB Edward E. Knauss, IV, Esquire Attorney I.D. No. 19199 P.O. Box 5300 Harrisburg,PA 17110-0300 (717)238-8187 Attorneys for Plaintiff Date: ~~ ~ ~/~ _ ~~ Foramen[ #: 217036.1 ,~..,,..~~~,v.,~ I _ _ VERIFICATION ~ ~ I, Brenda Ann Taggart, do hereby verify that the facts set forth in the foregoing Reply to New Matter are true and correct to the best of my personal laiowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsificationto authorities. Date: ~ ~ 2,c~ 01 ~~_..__ . Brenda Ann Taggart ~ Document #: 217036.1 .: CERTIFICATE OF SERVICE I, Edward E. Knauss, IV, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, hereby certify that I served the Reply to New Matter this 12th day of October, 2001, by depositing the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Jefferson J. Shipman, Esquire Goldberg, Katzman & Shipman, P.C. P. O. Box 1268 Harrisburg, PA 17108 G~~,/,Q1.~eGa~ Edward E. Knauss, IV Document#: 217036.7 r .. ~, ,; ~. -~rA ~ ~„~-:, :~ ~~ --~ -. y~ ~,' ';= ~ _ . Gi '~ , ~' C` ~ =' ~ ~~ .1°T u ; ~ =:==, U., ~- ..[7 , K Jefferson J. Shipman, Esquire LD. !{51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Hamsburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant, Martha C. Peters BRENDA ANN TAGGART, Plaintiff v. MARTHA C. PETERS, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5255 CIV1I, ACTION -LAW NRY TRIAL DEMANDED CERTIFICATE PREREOUI5ITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with a copy of the subpoenas attached thereto, were mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; the twenty day notice period was waived by the party; (2) A copy of the Notice Of Intent, including the proposed subpoenas, are attached to this Certificate; (3) No objection to the subpoenas has been received; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. GOLDBERG, Jefferson J. Shipman, Esquire I.D. No. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 Attorney for Defendant Date: Jt~J3f p CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the tti l3 day of~pye~ der , 2001, addressed as follows: Edward E. Knauss, IV, Esquire METZGER, WICKERSHAM KNAUSS & ERB P.O. Box 5300 Harrisburg, PA 17110-0300 By Jeffersl5n J. Shipman, Esquire I.D. No. 51785 320 Mazket Street P.O. Box 1268 Harrisburg, PA 17108 Attorney for Defendant Jefferson J. Shipman, Esquire I.D. #51785 GOLDBERG, KATZMAN & SHIPIVIAN, P.C. 320 Market Street P.O. Box 1268 Hamshurg, PA 17108-1268 (717) 234-4161 BRENDA ANN TAGGART, PIaintiff ~~. i`.'IARTHA C. PETERS, Defendant Counsel for Defendant, Martha C. Peters IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. OI-5255 CIVIL ACTION -LAW NRY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 T0: Brenda Ann Taggart and Edward E. Knauss, IV, Esquire METZGER, WICKERSHAM KNAUSS & ERB P.O. Box 5300 Harrisburg, PA 17110-0300 PLEASE TAKE NOTICE that Defendant intends to serve four (4) subpoenas identical to the ones that are 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 subpoenas. If no objection is made; the subpoenas may be served. GOLDBERG, KATZMAN & SHIPMAN By Jefferson J. Shipman, Esquire I.D. No. 5]785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 Attorney for Defendant Date: i~/h/p/ CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, certified, postage prepaid, at Harrisburg, Pennsylvania, on the ~~` day of Nd V e m b e J , 2001, addressed as follows: Edward E. Knauss, IV, Esquire METZGER, WICKERSHAM KNAUSS & ERB P.O. Box 5300 Harrisburg, PA 17110-0300 TZMAN & By Jefferslfn J. Shipman, Esquire LD. No. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 Attorney for Defendant 00[fiDNWE7ILTH OF PFS][~iYLVANIA OOIINPY OF CUN!$II2T.l:bID Brenda Ann Taggart, Plaintiff v. Martha C. Peters, Defendant File No. 01-5255 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: edic Center oP Person or Entity Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doaments or things: any and all medical records, reports, correspondence, diagnostic test results, physical therapy reports, x-ray reports, emergency room recor s pertaining to Brenda Ann Taggart DOB 12/13/46 SS11 262-76-2225 - at G¢yldberg, Katzman & Shipman, 320 Market Street, P.O. Box 1268, Harrisburg, (4ddress) You may deliver or mail legible copies of the docurients or produce things requested by this subpoena, together with the certificate of carp]iance, to the party making this request at the addrzss listed above. You have the right to seek in advarc~ the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the docunents or things required by this subp~na within twenty (20) days after its service, the party serving this subpoena may seek a court order canpellir:g you to cdnply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAB; Jefferson J. Shipman, Esquire ADDRESS: 320 Market Street, P.O. Box 1268 Harrisburg, PA 17108-1268 TELEPHONE: (717) 234-4161 SUPREME COl1RT ID # "' " ~" ' "51785 ATTORNEY FOR: Defendant DATE:_, ~, ~)l ~o sf~~~ Seal of the Cou:^t BY THE OOl1RT: ~' - Prothonotary/Clerk ivit Division Deputy (Eff. 7/97) Dohr~wF~.TlI of P>?ulsylvr~ COUNPY OF CIIN3HIItiA1~ID Brenda Ann Taggart, Plaintiff ~ File No. 01-5255 Martha C. Peters, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Three Springs Family Practice Name of Person or Ent Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the followirq doaments or things: any and all_medical records, reports, correspondence, _diagnostic test results, physical therapy reports, x-ray reports, emergency room recoi3s pertaining to Brenda Ann Taggart DOB 12f13(46 SS41 262-76-2225 at Goldberg, Katzman & Shipman, 320 Market Street, P.0. Box 1268, Harrisburg, PA 17108-1268 (4ddress) You may deliver or mail legible copies of the doctrnents or produce things requested by this subpoena, together with the certificate of caripliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the doc7.ments or things required by this subpaens within twenty {20) days after its service, the party serving this subpoena may seek a court order con~pelli~:g you to comply with it. THIS SUBPOENA WAS 4SSUED AT THE REQUEST OF THE FOLLONING PERSON: NAh~: Jefferson J. Shipman, Esquire ADDRESS:__~1Q Market Street, P.0. Box 1268 Harrisburg, 17108-1268 TELEPHONE:~i~l ~'td-dthl SUPREME OOURT ID # 51785 ATTORNEY FOR: Defendant DATE :_. ~~ ~o ~f~~[ Seai off the~COU. tt BY E OCXJRT: Prothonotary/Clap Civil Division (Eff. 7197) CO[R~pNWFAI.TH OF PENN.iYLVANIA COUNTY OF Q)MBII2LAL~ID Brenda Ann Taggart, ' Plaintiff File No. 01-5255 v. Martha C. Peters, Defendant TO: SUBPOENA TO PRODUCE OOCIN~NTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 of Person or Ent Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doaments or things: any and all medical records, reports, correspondence, _d~o-nnctic~es~t~eGSi t~physical therapy reports, x-ray reports, emergency room records nartaining to Rranda Ann Taggart DOB 12/13146 SS/d 262-76-2225 _ at Goldberg, Katzmen & Sherman 320 Market Street, P.O. Box 1268, Harrisbur~> PA 17108-1268 (Address) You may deliver or mail legible copies of the documents or produce things requested ;,y this subpoena, together with the certificate of oarpliance, to the party making this request at the addrzss listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. if you fail to produce the documents or things required by this subpoena within twenty {20} days after iEs service, the party serving this subpoet'~a may seek a court order arrpellir:g you to ccrrply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLONING PERSON: NAB. Jefferson J. Shipman, Esquire ADDRESS•320 Market Street, P.O. Box 1268 Harrisburg, PA 17108-1268 i'ELEPI-ptdE: (717) 234-4161 SUPREhE COURT ID # 51785 ATTORNEY FOR: Defendant BY ~ COURT: Seal of the Court vii Division ~ Deputy (Eff. 7/97) ~hAf3NwE4LTH OF PIIINSYLVAbTIA COUNTY OF CI]N!]3II2IAbID Brenda Ann Taggart, Plaintiff v. - File No. 01-5255 Martha C. Peters, Defendant - SUBPOENA TO PRODUCE DOCLMEN7S OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 7'O;Miller & Sons, Inc. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the followirq docxrnents or things: any. and all emnloyment records, reports, files and memorandums, compensation, time and attendance records, personnel records, payroll and solar; reports, medical records as an employee, workers' compensation file pertaining to Brenda Ann at Goldberg, Katzman & Shipman, 320 Market St.,P:0. Box 1268 13/46 ---Barris urg, - --_ --SS41 262-76-2225 (Address} You may deliver or mail legible copies of the documents or produce things requested Sy this subpoena, together with the certificate of carrpliance, to the party making this request at the addrzss listed above. You have the right to seek in advarc~ the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoec~ia may seek a court order compelling you to ec~ply with it. THIS SuBPQENA was ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NA1~E: ,JaFfarsc,n t. Shipman. Esquire ADDRESS: 320 Market Street, P.0. Box 1268 Harrisburg, PA 17108-1268 TELEPHONE: X717) 234-4161 SUPREhE COURT ID # 51785 ATTORNEY FOR:Defendant Seal of the rt (Eff. 7/97) BY THE COURT: Prothonotary ler ivil Division Jetlerson J. Shipman, Esquire I.D. #51785 GOLDBERG, KATZMAN & SIDPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717)234-4161 BRENDA ANN TAGGART, Plaintiff v. MARTHA C. PETERS, Defendant Counsel for Defendant, Martha C. Peters IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5255 CIVII. ACTION -LAW JURY TRIAL DEMANDED NOTICE To: Records Custodian, Appalachian Orthopedic Center: You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. I, _ information Marne of Person Sabpoenaerl) and belief That all documents or things required to be produced pursuant to the subpoena issued certify to the best of my knowledge, on November 6. 2001 have been produced. (Date of Subpoena) Date: CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 Records Custodian Jefferson J. Shipman, Esquire I.D. #51785 GOLDBERG, KATZMAN & SHII'MAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717)234-4161 Counsel for Defendant, Martha C. Peters BRENDA ANN TAGGART, Plaintiff v MAILTHA C. PETERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5255 CIVIL ACTION -LAW NRY TRIAL DEMANDED NOTICE To: Records Custodian, Three Springs Family Practice: You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. I, _ information CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 certify to the best of my knowledge, (Name of Person Subpoenaed) and belief that ali documents or Things required to be produced pursuant to the subpoena issued on November 6, 2001 have been produced. (Oete of SUbpoenn) Date: Records Custodian JefFerson J. Shipman, Esquire LD. #51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Boa 1268 Hamsburg, PA 17108-1268 (717)234-4161 Counsel for Defendant, Martha C. Peters BRENDA ANN TAGGART, Plaintiff v. NtARTHA C. PETERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5255 CIVIL ACTION -LAW NRY TRIAL DEMANDED NOTICE Ta: Records Custodian, Carlisle Hospital: You are required to complete the following Certificate of Compiiance when producing documents or things pursuant to the Subpoena. I, information certify to the best of my knowledge, (Name o(Person Subpcenned) and belief that all documents or things required to be produced pursuant to the subpoena issued on November 6, 2001 have been produced. (DA~O oCSobpcene) Date: CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 Records Custodian JelTerson J. Shipman, Esquve I.D. 1151785 GOLDBERG, KATZNTAN & SFIIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant, Martha C. Peters BRENDA ANN TAGGART, Plaintiff v. MARTHA C. PETERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5255 CIVIL, ACTION -LAW JURY TRIAL DEMANDED NOTICE To: Records Custodian, Miller & Sons, Inc.: You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. I, information certify to the best of my knowledge, (Name of Person Subpoenaed) and belief that all documents or things required to be produced pursuant to the subpoena issued on November 6. 2001 have been produced. (Dare of Subpoena) Date: CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 Records Custodian ....::.ws~.,L-vfBi~X'a. ..•dAMy~H~ '.` agYII%8s1fi ..'4 ~ -- ~~ ~"il -w cT ;;,' - , ' f~-' ~ Y ~~s `-~ ,~. -~ t ~7 -'r'~ ~: . =fn CJ ~ _~ ~ ~ /• u cJ f~ ~S PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the following case: (Check one) ( X ) for JURY trial at the next term of civil court. ( ) for trial without a jury. ---------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) ( X ) Civil Action - Law BRENDA ANN TAGGART, ( ) Appeal from Arbitration (other) vs. (Plaintiff) MARTHA C. PETERS, vs. No. 01-5255 (Defendant) The trial list will be called on February 12, 2002. Trials commence on March 11, 2002. Pretrials will be held on Feb. 20, 2002. Briefs are due 5 days before pretrials. The party listing this Case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to Local Rule 214.1. Indicate the attorney who will try case for the party who files this praecipe: Edwaxd E. Knauss, IV, Esquire Indicate trial counsel for other parties if known: Jefferson J. Shipman, Esquire This case is ready for trial. Signed: _ d~ y9~~~ ~c.c-~~--_-_ Print Name: Edward E. Knauss. IV Date: January 2, 2002 Attorney for: Plaintiff ~' Ca ~ ~_j T., ~ ~ i'.7r.: K "' i 2.7:' , . ~ Ul to :C ~ - - _ ~Q -_ l ~© IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA BRENDA ANN TAGGART, Plaintiff, CIVIL ACTION -LAW NO.OI-5255 v. MARTHA C. PETERS, JURY TRIAL DEMANDED. Defendant; PRAECIPE FOR SETTLEMENT AND DISCONTINUANCE To the Prothonotary: Please mark the above case settled and discontinued. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. ~~~~~ Edward E. Knauss, IV Attorney I.D. No. 19199 3211 North Front Street P. O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: 3 ' ~ 9~~'L C) ~ = ~: ~ C ru -. -.~'~` _- n, ~ :ter -- .J h, ~'J U: -. lam. _ ~ r:c •=; ` - r -< z: -'t _ _ ~: ^± C» =G ~~ ~7