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LEANNE HAYCOCK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTON - LAW
e-u'll~~
vs.
DAVID L. CLUGH, JR., DAVID
L. CLUGH, SR. and THERESA J.
CLUGH,
NO. C>~ -&.5/1
Defendants
JURY TRIAL DEMANDED
NOTICE TO DEFEND
TO: David L. Clugh, Jr.
1102 Celeste Drive
Shippensburg, P A 17257
David L. Clugh, Sr.
1102 Celeste Drive
Shippensburg, PA 17257
Theresa J. Clugh
1102 Celeste Drive
Shippensburg, P A 17257
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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 ftling 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 Plaintiffs. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle,PA 17013
(717) 249-3166 or (800) 990-9108
Document #: 219180.1
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LEANNE HAYCOCK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTON - LAW
vs,
DAVID 1. CLUGH, JR., DAVID
1. CLUGH, SR. and THERESA 1.
CLUGH,
NO. 61 - loS-/,!
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Defendants
JURY TRIAL DEMANDED
CIVIL COMPLAINT
L Plaintiff LeAnne Haycock is an adult individual residing at 76 Goodhart Road,
Shippensburg, Cumberland County, Pennsylvania 17257.
2, Defendant David 1. Clugh, JI. is an adult individual residing at 11 02 Celeste
Drive, Shippensburg, Franklin County, Pennsylvania 17257.
3, Defendant David 1. Clugh, Sr. is an adult individual residing at 1102 Celeste
Drive, Shippensburg, Franklin County, Pennsylvania 17257.
4, Defendant Theresa 1. Clugh is an adult individual residing at 1102 Celeste Drive,
Shippensburg, Franklin County, Pennsylvania 17257,
5. On May 15,2001, Plaintiff was the owner and operator of a 1996 Saturn Sedan
with Pennsylvania registration plate number DAF8736.
6. On the aforesaid date, Defendants David 1. Clugh, Sr. and Theresa 1. Clugh were,
on information and belief, the owners of a 1992 Toyota Corolla with Pennsylvania registration
plate number YHM057.
7. On the aforesaid date at approximately 9:55 a.m., Plaintiff was exiting her private
driveway intending to turn left southbound on Goodhart Road in Southampton Township,
Cumberland County, Pennsylvania.
Document #: 219180.1
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8. At the aforesaid date and time, Defendant David 1. Clugh, Jr. was operating the
aforesaid 1992 Toyota Corolla with consent and permission of his co-Defendants.
9. At the aforesaid date and time, Defendant David 1. Clugh, Jr. was travelling too
fast and impacted the driver's side ofPlaintifi's vehicle head-on in the middle of the roadway as
she was making her turn forcing her in a northwest direction coming to rest in the woods
approximately 40 feet from impact.
COUNT I - NEGLIGENCE
Plaintiffv. Defendant David L. Clue:h. Jr.
10. Paragraphs 1 through 9 hereof are incorporated herein by reference as if fully set
forth.
II. Defendant David 1. Clugh, Jr. owed a duty to other lawful users of the roadways
in the Commonwealth of Pennsylvania to operate the vehicle he was operating in such a way as
not to cause harm or to damage to said other persons and to Plaintiff in particular.
12. The negligence, carelessness and recklessness of Defendant David 1. Clugh, Jr.
consisted of the following:
(a) Operating his vehicle too fast for the conditions existing at the
aforesaid time and place in violation of 75 Pa.C.S.A. 93361 and
applicable law;
(b) Failing to maintain and stop the vehicle he was operating within
the assured clear distance ahead in violation of75 Pa.C,S.A. 93361
and applicable law;
(c) Exceeding the applicable maximum speed limit in violation of 75
Pa.C,S.A. 93362 and applicable law;
(d) Failing to obey traffic control devices in violation of 75 Pa.C,S.A.
93111 and applicable law;
(e) Disregarding a hidden driveways warning sign and not taking the
necessary precautions such as reducing his speed;
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Document #; 219180.1
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(f) Otherwise operating his vehicle at an unsafe speed;
(g) Operating his vehicle in careless disregard for the safety of persons
and/or property in violation of 75 Pa.C,S.A. S37l4 and applicable
law;
(h) Operating his vehicle in reckless disregard for the safety of persons
and/or property in violation of75 Pa,C.S.A. S3736 and applicable
law;
(i) Failing to yield in violation of 75 Pa,C.S.A. S3323 and applicable
law;
(j) Otherwise failing to yield to Plaintiffs vehicle;
(k) Failing to keep his vehicle under proper and adequate control so as
not expose other users of the roadway to unreasonable risk of
harm;
(I) Failing to maintain adequate control of the vehicle he was
operating in order to avoid a collision;
(m) Failing to give warning to Plaintiff of his impending collision with
her vehicle;
(n) Failing to observe Plaintiffs vehicle which was in the process of
turning on the roadway;
(0) Failing to take proper evasive action in light of Plaintiffs vehicle
turning in the roadway;
(P) Failing to keep alert and maintain a proper lookout for the presence
of other motor vehicles on the streets and highways;
(q) Failing to pay attention to the roadway and conditions existing; and
(r) Failing to properly apply the brakes to the vehicle he was operating
or take other evasive action to avoid the collision with Plaintiffs
vehicle.
13. As a direct and proximate result of the collision and the negligent, careless and
reckless conduct of Defendant David L. Clugh, Jr., Plaintiff sustained and in the future may
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Document #: 219/80.1
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sustain, serious and debilitating injuries, some of which are or may be permanent, an aggravation
of a pre-existing condition and which include, but not limited to, the following:
(a) Trauma and injury to her back including six transverse process
fractures;
(b) Trauma and injury to her head including cerebral concussion and
short-term memory loss;
(c) Trauma and injury to her neck including neck abrasions from
seatbelt;
(d) Trauma and injury to her ribs;
(e) Trauma and injury to her hip;
(f) Trauma and injury to her abdomen;
(g) Trauma and injury to her chest;
(h) Driving phobia and psychological injuries; and
(i) Other auto related trauma.
14. As a direct and proximate result of the aforesaid collision, negligence,
carelessness and recklessness of Defendant David 1. Clugh, Jr., Plaintiff has underwent medical
treatment for the care of the injuries suffered in the accident and was forced to incur medical
bills and expenses for the injuries she has suffered and will continue to incur medical bills and
expenses in the future.
15. As a direct and proximate result of the aforesaid collision, negligence,
carelessness and recklessness of Defendant David 1. Clugh, Jr., Plaintiff has suffered and may
suffer a loss of earnings, may suffer permanent disability, impairment and/or loss of earning
capacity.
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Document #: 219180.1
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16, As a direct and proximate result of the aforesaid collision, negligence,
carelessness and recklessness of Defendant 1. Clugh, Jr., Plaintiff has undergone and will
undergo great mental and physical pain and suffering, mental anguish, discomfort, anxiety and
distress, embarrassment and humiliation, past, present and future loss of her ability to enjoy the
pleasures of life and limitation in pursuit of her daily activities all to her great loss and detriment.
17. As a direct and proximate result of the aforesaid collision, negligence,
carelessness and recklessness of Defendant David 1. Clugh, Jr., Plaintiff has sustained incidental
costs associated with her injuries including medication expenses.
18. As a direct and proximate result of the aforesaid collision, negligence,
carelessness and recklessness of Defendant David 1. Clugh, Jr., Plaintiff has visible marking and
bruising.
19. Defendant David 1. Clugh, Jr. drove recklessly before on the road where the
accident occurred and was warned about speeding and "hill topping" and continued to do these
reckless acts despite the warning providing a basis for punitive damages.
WHEREFORE, Plaintiff LeAnne Haycock demands judgment in her favor and against
Defendant David 1. Clugh, Jr. for the aforesaid damages, either individually and/or jointly and
severally, in an amount which exceeds the limits of compulsory arbitration in Cumberland
County, Pennsylvania, plus interest and/or damages for delay and costs of prosecution.
COUNT II - NEGLIGENT ENTRUSTMENT
Plaintiffv. Defendant David 1. Clum. Sr.
20. Paragraphs 1 through 19 hereof are incorporated herein by reference as if fully set
forth.
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Document #: 219180.1
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21. At the aforesaid time and place, Defendant David 1. Clugh, Sr. entrusted his
automobile to co-Defendant David 1. Clugh, Jr. when he knew or should have known that
Defendant David 1. Clugh, Jr. was incompetent to operate said vehicle and should not operate
said vehicle because of propensity for careless driving.
22. The negligent acts of co-Defendant David 1. Clugh, Jr. are imputable to co-
Defend!lI1t David 1. Clugh, Sr, because of his negligent entrustment of the vehicle to co-
Defend!lI1t David 1. Clugh, Jr.
23. As a result of the aforesaid negligence of Defendants, Plaintiff sustained the
aforesaid damages.
WHEREFORE, Plaintiff LeAnne Haycock demands judgment in her favor and against
Defend!lI1t David 1. Clugh, Sr., either individually and/or jointly and severally, in an amount
which exceeds the limits of compulsory arbitration in Cumberland County, Pennsylvania, plus
interest and/or damages for delay and costs of prosecution.
COUNT III - NEGLIGENT ENTRUSTMENT
Plaintiffv. Defendant Theresa Clul!h
24. Paragraphs I through 23 hereof are incorporated herein by reference as if fully set
forth.
25. At the aforesaid time and place, Defendant Theresa Clugh entrusted her
automobile to co-Defendant David 1. Clugh, Jr. when she knew or should have known that co-
Defend!lI1t David 1. Clugh, Jr. was incompetent to operate said vehicle and should not operate
said vehicle because of propensity for careless driving.
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Document #: 219180.1
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26. The negligent acts of co-Defendant David L. Clugh, Jr, are imputable to
Defendant Theresa Clugh because of her negligent entrustment of the vehicle to co-Defendant
David L. Clugh, Jr.
27. As a result of the aforesaid negligence of Defendants, Plaintiff sustained the
aforesaid damages.
WHEREFORE, Plaintiff LeAnne Haycock demands judgment in her favor and against
Defendant Theresa Clugh, either individually and/or jointly and severally, in an amount which
exceeds the limits of compulsory arbitration in Cumberland County, Pennsylvania, plus
interest and/or damages for delay and costs of prosecution.
METZGER, WICKERSHAM, KNAUSS & ERB. P.C,
By: ~~~~~~ .m~
Clark DeVere, Esquire ~
Attorney LD. No. 68768
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorney for Plaintiff
Dated: November 15, 2001
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Document #: 219180.1
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VERIFICATION
I, U4me Haycock, hereby certify that the following is correct:
The facts set forth in the foregoing Complaint are based upon information which I have
furnished to counsel, as well as upon information which has been gathered by counsel and/or others
acting on my behalf in this matter. The language of the Complaint is that of counsel and not my
own. I have read the Complaint, and to the extent that it is based upon information which I have
given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the
extent that the content of the Complaint is that of counsel, I have relied upon such counsel in
making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint
are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to
authorities.
Dated: / / ~ 5 /0 (
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Document #: 219180.1
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Jefferson J. Shipman, Esquire
LD. #51785
GOLDBERG, KATZMAN & SHIPMAN,
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Counsel for Defendant
p.e.
LEANNE HAYCOCK,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
v.
CIVIL ACTION - LAW
DAVID L. CLUGH, JR., DAVID
L. CLUGH, SR., and THERESA J.
CLUGH,
No. 01-6514 CIVIL TERM
Defendants
JURY TRIAL DEMANDED
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Jefferson J. Shipman,
Esquire, of Goldberg, Katzman & Shipman, P.C., as counsel on
behalf of Defendants, David L. Clugh, Jr., David L. Clugh, Sr.,
and Theresa J. Clugh.
GOLDBERG, KATZMAN & SHIPMAN, P.C.
ff rson J. Shipma , Esquire
.D. #: 51785
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Attorneys for Defendants
Date: \ 2-/ '7/0 I
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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 1'1. ~{ ~ I
Clark DeVere, Esquire
Metzger, Wickersham, Knauss & Erb
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
GOLDBERG, KATZMAN & SHIPMAN, P.C.
son J. Shipm
I.D. #: 51785
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Attorneys for Defendants
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2001-06514 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HAYCOCK LEANNE
VS
CLUGH DAVID L JR 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:
CLUGH DAVID L JR
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of FRANKLIN
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On December 13th, 2001 , this office was in receipt of the
attached return from FRANKLIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Franklin Co
18.00
9.00
10.00
73.80
.00
110.80
12/13/2001
METZGER WICKERSHAM
So answers:/ ///;>i.. /'<,-?- -_.-- ::>
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R. Thbmas Kline
Sheriff of Cumberland County
Sworn and
subscribed to before me
day Of~~
this/ ~4..
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2001-06514 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HAYCOCK LEANNE
VS
CLUGH DAVID L JR 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:
CLUGH DAVID L SR
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of FRANKLIN
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On December 13th, 2001 , this office was in receipt of the
attached return from FRANKLIN
Sheriff's Costs:
Docketing
Out of county
Surcharge
6.00
.00
10.00
.00
,00
16.00
12/13/2001
METZGER WICKERSHAM
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Sheriff of Cumberland County
Sworn and subscribed to before me
this l<ltt
day of --~
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2001-06514 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HAYCOCK LEANNE
VS
CLUGH DAVID L JR 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:
CLUGH THERESA J
but was unable to locate Her
in his bailiwick. He therefore
deputized the sheriff of FRANKLIN
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On December 13th, 2001 , this office was in receipt of the
attached return from FRANKLIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
6.00
.00
10.00
.00
.00
16.00
12/13/2001
METZGER WICKERSHAM
So~~?~/
R. Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this ~ day of ~vk
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-06514 T
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF FRANKLIN
HAYCOCK LEANNE
VS
CLUGH DAVID L JR ET AL
RANDY STROBLE - DEPUTY
, Deputy Sheriff of FRANKLIN
County, Pennsylvania, who being duly sworn according to law,
says, the within NOTICE AND COMPLAINT
was served upon
CLUGH DAVID L JR
the
, at 0940:00 Hour, on the 30th day of November, 2001
at 1102 CELESTE DRIVE
SHIPPENSBURG, PA 17257
by handing to
DAVID L CLUGH JR
a true and attested copy of NOTICE AND COMPLAINT
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Mileage
So Answers:
9.00
9.00
4.00
10.00
5.80
37.80
RANDY STROBLE - DEPUTY
By 7< ~~ t?f,,-
Deputy eriff
12/04/2001
CUMBERLAND COUNTY SHERIFF
Sworn and Subscribed to before
me
thYl 4 day of 10e.c...
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Notarial Seal
Patricia A Strinp Notary Public
Charnbersbw\; '. ~r~nklin County
MY Commission a;.J\.t''''<ib Nov. 4, 2004
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-06514 T
COMMONWEALTH OF PENNSYLVANIA:
CQit:JID<ITY OF FRANKLIN
HAYCOCK LEANNE
VS
CLUGB DAVID L JR ET AL
RANDY STROBLE - DEPUTY
, Deputy Sheriff of FRANKLIN
County, Pennsylvania, who being duly sworn according to law,
says, the within NOTICE AND COMPLAINT
was served upon
CLUGB DAVID L SR
the
at 0940:00 Hour, on the 30th day of November, 2001
at 1102 CELESTE DRIVE
SHIPPENSBURG, PA 17257
by handing to
DAVID L CLUGH JR
a true and attested copy of NOTICE AND COMPLAINT
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
.00
6.00
2.00
10.00
.00
18.00
RANDY STROBLE - DEPUTY
By ~/ L/;/i4'.
D'epu1:;ts"heriff
12/04/2001
CUMBERLAND COUNTY SHERIFF
Sworn and Subscribed to before
day of DeL.
A.D.
Notarial Seal
Patricia A. Strine, Notary Public
Ch8.mbersburg Rorr l=ranklin County
My Commission EXj-;l> ~s Nov. 4, 2004
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-06514 T
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF FRANKLIN,
"
HAYCOCK LEANNE
VS
CLUGH DAVID L JR ET AL
RANDY STROBLE - DEPUTY
, Deputy Sheriff of FRANKLIN
County, Pennsylvania, who being duly sworn according to law,
says, the within NOTICE AND COMPLAINT
was served upon
CLUGH THERESA J
the
, at 0940:00 Hour, on the 30th day of November, 2001
at 1102 CELESTE DRIVE
SHIPPENSBURG, PA 17257
by handing to
DAVID L CLUGH JR
a true and attested copy of NOTICE AND COMPLAINT
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
,00
6.00
2.00
10.00
.00
18.00
RANDY STROBLE - DEPUTY
By ~*'
Deput Sheriff
12/04/2001
CUMBERLAND COUNTY SHERIFF
Sworn and Subscribed to before
day of l)e.c..,
A.D.
No ar'lI~1 Seal
P 'cia A, "'," "Jolary Public
Chambersbun ',nklln County
My Commission i."i-'"...,:; Nov. 4, 2004
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In The Court of Common Pleas of Cumberland County, Pennsylvania
Leanne Haycock
VS.
David L. Clugh Jr. et al
same
SERVE:
No.
01
6514 civil
Now, November 19
,20 01 ,I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of
Franklin
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
.~~~e<~-t
Sheriff of Cum berland County, P A
Affidavit of Service
Now,
,20_, at
o'clock
M. served the
within
upon
at
by handing to
a
copy of the original
and made known to
the contents thereof.
So answers,
Sheriff of
County, P A
Sworn and subscribed before
me this day of , 20_
COSTS
SERVICE
MILEAGE
AFFIDA VIT
$
$
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in The Court of Common Pleas of Cumberland County, Pennsylvania
SERVE:
Leanne Haycock
VS.
David L. Clugh Jr. et al
David L. Clugh Sr.
No,
01
6514 civil
Now, November 19
, 20 J2!..., I, SHERIFF OF CUlvIBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Franklin
County to execute this Writ, this
deputation being made at the request and risk ofthe Plaintiff.
.~~4!./
Sheriff of Cum berland County, P A
Affidavit of Service
Now,
,20_, at
o'clock
M, served the
within
upon
at
by handing to
a
copy of the original
and made known to
the contents thereof.
So answers,
Sheriff of
County, P A
Sworn and subscribed before
me this _ day of , 20
COSTS
SERV1CE
MILEAGE
AFFIDA VIT
$
$
<~"'"'-'.
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,
In Tbe Court of Common Pleas of Cumberland County, Pennsylvania
Leanne Haycock
VS.
David L. C1ugh Jr. et al
Theresa J. Clugh
SERVE :
" No,
01
6514 civil
Now, November 19
, 20~, I, SHERIFF OF CUI\1BERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Franklin
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
. . . ~'~~:#J:-~.~~
Sheriff ofC,{mberland County, PA
Affidavit of Service
Now,
,20_, at
o'clock
M. served the
within
upon
at
by handing to
a
copy of the original
and made known to
the contents thereof.
So answers,
Sheriff of
County, PA
Sworn and subscribed before
me this _ day of
20
'-
COSTS
SERVlCE
MILEAGE
AFFIDAVlT
$
$
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Jefferson J. Shipman, Esquire
LD. #51785
GOLDBERG, KATZMAN & SHIPMAN,
320 Market Street
P. O. Box 1268
Harrispurg, PA 17108-1268
(717) 234-4161
Counsel for Defendants
p.e.
LEANNE HAYCOCK,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
v.
CIVIL ACTION - LAW
DAVID L. CLUGH, JR., DAVID
L. CLUGH, SR., and THERESA J.
CLUGH,
No. Ol~6514 CIVIL TERM
Defendants
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: Plaintiff and her counsel,
Clark DeVere, Esquire
Metzger, Wickersham, Knauss & Erb
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
Attorneys for Plaintiff
YOU ARE HEREBY notified to plead to the within New Matter of
Defendants within twenty (20) days of service hereof.
GOLDBERG, KATZMAN & SHIPMAN, P.C.
J ff rson J. Shipma , Esquire
A torney I.D. 51785
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Attorneys for Defendants
Date: 1"),,/31 (0\
72600.1
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Jefferson J. Shipman, Esquire
LD. #51785
GOLDBERG, KATZMAN & SHIPMAN,
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Counsel for Defendants
P.C.
LEANNE HAYCOCK,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
v.
CIVIL ACTION - LAW
DAVID L. CLUGH, JR., DAVID
L. CLUGH, SR., and THERESA J.
CLUGH,
No. 01-6514 CIVIL TERM
Defendants
JURY TRIAL DEMANDED
ANSWER AND NEW MATTER OF DEFENDANTS,
DAVID L. CLUGH. JR.. DAVID L. CLUGH. SR..
AND THERESA J. CLUGH
AND NOW, come the Defendants, David L. Clugh, Jr., David L.
Clugh, Sr., and Theresa J. Clugh, by and through their counsel,
Goldberg, Katzman & Shipman, P.C., and file the following Answer
and New Matter:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
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7. Denied. After reasonable investigation, the answering
Defendants are without sufficient knowledge or information to
form a belief as to the truth of the averments contained in
Paragraph No. 7 and the same are, therefore, denied and strict
proof demanded at the time of trial.
8. Admitted.
9. Admitted in part, denied in part. It is admitted only
that there was contact between the vehicle operated by Defendant,
David L. Clugh, Jr., and Plaintiff's vehicle. The remaining
averments of Paragraph No. 9 are conclusions of law and fact to
which no response is required. If a response is deemed to be
required, the averments contained therein are specifically
denied.
COUNT I - NEGLIGENCE
PLAINTIFF v. DAVID L. CLUGH. JR.
10. The answering Defendant incorporates herein by
reference his answers to Paragraph Nos. 1 through 9 above as
though fully set forth herein at length.
11. Denied. The averments contained in Paragraph No. 11
contain conclusions of law and fact to which no response is
required.
2
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12. Denied. The averments contained in Paragraph No. 12,
subparagraphs (a) through (r), 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, David L. Clugh, Jr., operated his vehicle too
fast for the conditions existing at the aforesaid time and
place, allegedly in violation of 75 Pa. C.S.A. ~3361 and
applicable law;
b. Denied. It is specifically denied that David L.
Clugh, Jr., was negligent, careless and reckless in any
manner with respect to allegedly failing to maintain and
stop the vehicle he was operating within the assured clear
distance ahead, allegedly in violation of 75 Pa. C.S.A.
~336l and applicable law;
c. Denied. It is specifically denied that David L.
Clugh, Jr., exceeded the applicable maximum speed limit in
violation of 75 Pa. C.S.A. ~3362 and applicable law;
d. Denied. It is specifically denied that David L.
Clugh, Jr., failed to obey traffic control devices in
violation of 75 Pa. C.S.A. ~3111 and applicable law;
3
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e. Denied. It is specifically denied that David L.
Clugh, Jr., was negligent in allegedly disregarding a hidden
driveway warning sign and not taking necessary precautions
such as reducing his speed;
f. Denied. It is specifically denied that David L.
Clugh, Jr., was otherwise operating his vehicle at an unsafe
speed;
g. Denied. It is specifically denied that David L.
Clugh, Jr., was operating his vehicle in careless disregard
for the safety of persons and/or property in violation of 75
Pa. C.S.A. ~3714 and applicable law;
h. Denied. It is specifically denied that David L.
Clugh, Jr., operated his vehicle in reckless disregard for
the safety of persons and/or property in violation of of 75
Pa. C.S.A. ~3736 and applicable law;
i. Denied. It is specifically denied that David L.
Clugh, Jr., failed to yield in violation of 75 Pa. C.S.A.
~3323 and applicable law;
j. Denied. It is specifically denied that David L.
Clugh, Jr., otherwise failed to yield to Plaintiff's
vehicle;
k. Denied. It is specifically denied that David L.
Clugh, Jr., failed to keep his vehicle under proper and
4
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adequate control so as not to expose other users of the
roadway to unreasonable risk of harm;
1. Denied. It is specifically denied that David L.
Clugh, Jr., failed to maintain adequate control of the
vehicle he was operating in order to avoid a collision;
m. Denied. It is specifically denied that David L.
Clugh, Jr., was negligent in allegedly failing to give
warning to Plaintiff of the impending collision;
n. Denied. It is specifically denied that David L.
Clugh, Jr., was negligent in allegedly failing to observe
Plaintiff's vehicle which was in the process of turning on
the roadway;
o. Denied. It is specifically denied that David L.
Clugh, Jr., failed to take proper evasive action in light of
Plaintiff's vehicle turning in the roadway;
p. Denied. It is specifically denied that David L.
Clugh, Jr., failed to keep alert and maintain a proper
lookout for the presence of other motor vehicles on the
streets and highways;
q. Denied. It is specifically denied that David L.
Clugh, Jr., failed to pay attention to the roadway and
conditions existing; and
5
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r. Denied. It is specifically denied that the
Defendant failed to properly apply the brakes to the vehicle
he was operating or to take other evasive action to avoid
the collision with Plaintiff's vehicle.
By way of further response, it is specifically denied that the
Defendant, David L. Clugh, Jr., was negligent, careless and
reckless in any manner whatsoever with respect to Plaintiff's
alleged cause of action.
13. Denied. The averments contained in Paragraph No. 13
are, in part, 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. After reasonable
investigation, the answering Defendant is without sufficient
knowledge or information to form a belief as to the truth of the
remaining averments of Paragraph No. 13 relating to Plaintiff's
alleged serious and disabling injuries and the same are,
therefore, denied and strict proof demanded at the time of trial,
including but not limited to subparagraphs (a) through (i) of
Paragraph No. 13 of Plaintiff's Complaint.
14. Denied. The averments contained in Paragraph No. 14
are, in part, 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. After reasonable
6
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investigation, the answering Defendant is without sufficient
knowledge or information to form a belief as to the truth of the
remaining averments of Paragraph No. 14 relating to Plaintiff's
alleged medical treatment and the same are, therefore, denied and
strict proof demanded at the time of trial.
15. Denied. The averments contained in Paragraph No. 15
are, in part, 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. After reasonable
investigation, the answering Defendant is without sufficient
knowledge or information to form a belief as to the truth of the
remaining averments of Paragraph No. 15 relating to Plaintiff's
alleged loss of earnings, permanent disability, impairment and/or
loss of earning capacity and the same are, therefore, denied and
strict proof demanded at the time of trial.
16. Denied. The averments contained in Paragraph No. 16
are, in part, 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. After reasonable
investigation, the answering Defendant is without sufficient
knowledge or information to form a belief as to the truth of the
remaining averments of Paragraph No. 16 relating to Plaintiff's
alleged great mental and physical pain and suffering and the same
7
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are, therefore, denied and strict proof demanded at the time of
trial.
17. Denied. The averments contained in Paragraph No. 17
are, in part, 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. After reasonable
investigation, the answering Defendant is without sufficient
knowledge or information to form a belief as to the truth of the
remaining averments of Paragraph No. 17 relating to Plaintiff's
alleged costs and expenses and the same are, therefore, denied
and strict proof demanded at the time of trial.
18. Denied. The averments contained in Paragraph No. 18
are, in part, 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. After reasonable
investigation, the answering Defendant is without sufficient
knowledge or information to form a belief as to the truth of the
remaining averments of Paragraph No. 18 relating to Plaintiff's
alleged visible marking and bruising and the same are, therefore,
denied and strict proof demanded at the time of trial.
19. Denied. The averments contained in Paragraph No. 19
are conclusions of law and fact to which no response is required.
8
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If a response is deemed to be required, the averments contained
therein are specifically denied.
WHEREFORE, Defendant, David L. Clugh, Jr., respectfully
requests that judgment be entered in his favor and that the
Plaintiff's Complaint be dismissed with prejudice.
COUNT II - NEGLIGENT ENTRUSTMENT
PLAINTIFF v. DAVID L. CLUGH. SR.
20. The answering Defendant incorporates herein by
reference his answers to Paragraph Nos. 1 through 19 above as
though fully set forth herein at length.
21. Denied. The averments contained in Paragraph No. 21
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.
22. Denied. The averments contained in Paragraph No. 22
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.
23. Denied. The averments contained in Paragraph No. 23
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.
9
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WHEREFORE, Defendant, David L. Clugh, Sr., respectfully
requests that jUdgment be entered in his favor and that the
Plaintiff's Complaint be dismissed with prejudice.
COUNT III - NEGLIGENT ENTRUSTMENT
PLAINTIFF v. THERESA J. CLUGH
24. The answering Defendant incorporates herein by
reference the answers to Paragraph Nos. 1 through 23 above as
though fully set forth herein at length.
25. Denied. The averments contained in Paragraph No. 25
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.
26. Denied. The averments contained in Paragraph No. 26
are conclusions of law and fact to which no response is required.
If a response is deemed to be required, the averments contained
therein are specifically denied.
27. Denied. The averments contained in Paragraph No. 27
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.
10
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WHEREFORE, Defendant, Theresa J. Clugh, respectfully
requests that judgment be entered in her favor and that the
Plaintiff's Complaint be dismissed with prejudice.
NEW MATTER
By way of additional answer and reply, the answering
Defendants interpose the following New Matter defenses:
28. That the Plaintiff's claims are barred and/or limited
by the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A.
~7102, et seq., and by the doctrine of comparative negligence.
29. That the Plaintiff, Leanne Haycock, failed to exercise
reasonable care for her own safety under the circumstances then
and there existing.
30. That the Plaintiff, Leanne Haycock, was comparatively
negligent and failed to exercise reasonable care for her own
safety, which comparative negligence included, without
limitation, the following:
a. Failing to yield the right-of-way to the
Defendant's vehicle, in violation of 75 Pa. C.S.A ~3323 and
~3324;
b. Making an improper and hazardous turning movement;
c. Failing to keep a proper lookout for other
vehicles on the highway;
11
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d. Failing to observe the Defendant's vehicle;
e. Failing to keep her vehicle under proper and
adequate control so as to avoid the collision with the
Defendant's vehicle;
f. Failing to take an alternative, more safe exit
from her property;
g. Operating her vehicle without due regard for the
right, safety and position of other vehicles on the highway;
and
h. Being inattentive to the conditions then and there
existing.
31. That the Plaintiff's failure to exercise reasonable
care for her own safety was a substantial factor in the happening
of the accident.
32. That the Plaintiff, Leanne Haycock, knowingly and
voluntarily assumed the risk of her own injuries under the
circumstances then and there existing by identifying a dangerous
condition, appreciating its dangerous character and voluntarily
proceeding to encounter the condition.
33. That the Plaintiff's injuries and damages, if any, were
not caused by any acts, omissions or breaches of duty by
answering Defendants.
12
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34. That if it should be found that there was any
negligence on the part of the answering Defendants, which
negligence is expressly denied, any such negligence was not a
proximate cause of any damages to the Plaintiff.
35. That the accident and injuries sustained by Plaintiff
may have been caused in whole or in part by the negligence of
third persons or entities including government agencies which are
not presently involved in this action.
36. That the accident, and any resulting injuries, may have
been caused in whole or in part by an act of God or by forces
beyond the control of the answering Defendants.
37. That the accident, and any resulting injuries, may have
been caused by an intervening/superseding cause.
38. That the accident, and any resulting injuries, may have
been caused by a sudden emergency.
39. That the accident, and any resulting injuries, may have
been unavoidable.
WHEREFORE, Defendants, David L. Clugh, Jr., David L. Clugh,
Sr., and Theresa J. Clugh, respectfully request that judgment be
13
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entered in their favor and that Plaintiff's Complaint be
dismissed with prejudice.
GOLDBERG, KATZMAN & SHIPMAN, P.C.
Date: 12.[31(01
72600.1
17108-1268
Defendants
14
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VERIFICATION
I, David L. Clugh, Jr., hereby acknowledge that I am a
Defendant in this action; that I have read the foregoing document
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.
- ~~ ~
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----
Date: 1?/'2rl DI
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VERIFICATION
I, David L. Clugh, Sr., hereby acknowledge that I am a
Defendant in this action; that I have read the foregoing document
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.
.u9d~4Sl
David L. Clugh,Sr.
Date: i'l-I?.!>-jOI
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VERIFICATION
I, Theresa J. Clugh, hereby acknowledge that I am a
Defendant in this action; that I have read the foregoing document
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.
~~~/J
Theresa J. Clugh
Da te: I ?-zs.c> I
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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 ~ 3--t 10 I
I
Clark DeVere, Esquire
Metzger, Wickersham, Knauss & Erb
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
Attorneys for Plaintiff
GOLDBERG, KATZMAN & SHIPMAN, P.C.
rson J. Shipma ,
#: 51785
P.O. Box 1268
Harrisburg, PA 17108-1268
Attorneys for Defendants
72621.1
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LEANNE HAYCOCK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTON - LAW
vs,
DAVID 1. CLUGH, JR., DAVID
1. CLUGH, SR. and THERESA J,
CLUGH,
NO, 01-6514 CIVIL TERM
Defendants
JURY TRIAL DEMANDED
PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER
28. Conclusions of law, no reply required, If a reply is required, the averments are
specifically denied. The averments are also denied pursuant to Pa.R.c.P. No, 1029(e) and
1030(note), By way offurther reply, Plaintiff was not negligent in any manner.
29. Conclusions of law, no reply required. If a reply is required, the averments are
specifically denied. The averments are also denied pursuant to Pa.R.C.P, No. 1029(e) and
1 030(note), By way of further reply, Plaintiff exercised reasonable care for her own safety and
was not negligent in any manner.
30.(a)-(h) Conclusions of law, no reply required. If a reply is required, the averments are
specifically denied. The averments are also denied pursuant to Pa.R,C,P. No, 1029(e) and
1030(note), By way of further reply, Plaintiff exercised reasonable care and was not negligent in
any manner. Plaintiff further responds as follows:
(a) Plaintiff had the right-of-way, did not fail to yield the right-of-way
and Plaintiff incorporates by reference her allegations of
negligence against Defendants as set forth in the Complaint filed in
this action;
(b) Plaintiff did not make an improper or hazardous turning movement
and Plaintiff incorporates by reference her allegations of
negligence against Defendants as set forth in the Complaint filed in
this action;
Document #: 224116.1
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(c) Plaintiff kept a proper lookout for other vehicles and Plaintiff
incorporates her allegations of negligence against Defendants as
set forth in the Complaint filed in this action;
(d) Plaintiff exercised reasonable care in her observation of motor
vehicles on the roadway and Plaintiff incorporates by reference her
allegations of negligence against Defendants as set forth in the
Complaint filed in this action;
(e) Plaintiff kept her vehicle under proper and adequate control and
Plaintiff incorporates by reference her allegations of negligence
against Defendants as set forth in the Complaint filed in this
action;
(f) Plaintiff safely exited her property and Plaintiff incorporates by
reference her allegations of negligence against Defendants as set
forth in the Complaint filed in this action;
(g) Plaintiff operated her vehicle with due regard for the right and
safety, and position of other vehicles on the road and Plaintiff
incorporates by reference her allegations of negligence against
Defendants as set forth in the Complaint filed in this action; and
(h) Plaintiff was attentive to conditions then and there existing and
Plaintiff incorporates by reference her allegations of negligence
against Defendants as set forth in the Complaint filed in this action.
31. Conclusions of law, no reply required. If a reply is required, the averments are
specifically denied. The averments are also denied pursuant to Pa.R.C.P. No. 1029(e) and
1 030(note), By way of further reply, Plaintiff exercised reasonable care for her own safety and it
was Defendants' conduct, either individually and/or jointly and severally, which was the
substantial factor in causing the accident as set forth in the Complaint filed in this action which is
incorporated herein by reference.
32. Conclusions of law, no reply required, If a reply is required, the averments are
specifically denied. The averments are also denied pursuant to PaRC.P. No, 1029(e) and
1030(note), By way of further reply, Plaintiff did not "assume any risk of her own injuries under
-2-
DOCIJment #:224116.1
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the circumstances" and it was Defendants' negligent conduct, either individually and/or jointly
and severally, which caused her injuries as set forth in the Complaint filed in this action which is
incorporated hereby reference.
33, Conclusions of law, no reply required. If a reply is required, the averments are
specifically denied. The averments are also denied pursuant to Pa.R.c.p. No. 1029(e). By way
of further reply, Plaintiff's injuries and damages were caused by acts, omissions and/or breaches
of duty by Defendants, either individually and/or jointly and severally, as set forth in the
Complaint filed in this action which is incorporated hereby reference.
34, Conclusions of law, no reply required. If a reply is required, the averments are
specifically denied. The averments are also denied pursuant to Pa.R.C.P. No, 1029(e). By way
of further reply, the Defendants were negligent and their negligence, either individually and/or
jointly and severally, was the proximate cause of the injuries and damages to the Plaintiff as set
forth in the Complaint filed in this action which is incorporated herein by reference.
35. Conclusions of law, no reply required. If a reply is required, the averments are
specifically denied as stated, The averments are also denied pursuant to Pa.R.C.P. No. I029(e).
By way of further, Plaintiff's accident and injuries were caused by the negligence of Defendants,
either individually and/or jointly and severally, as set forth in the Complaint filed in this action
which is incorporated herein by reference. As for the involvement of any other third parties or
entities including any government agencies, the Plaintiff is without knowledge or information
sufficient to form a belief as to the truth of the averments based on the allegations in the New
Matter.
36. Conclusions of law, no reply required, If a reply is required, the averments are
specifically denied. The averments are also denied pursuant to Pa.R.C.P. No. l029(e). By way
- 3 -
Document #:224116.1
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of further reply, the accident and resulting injuries and damages were caused by the negligent
actions of Defendants, either individually and/or jointly and severally, as set forth in the
Complaint filed in this action which is incorporated herein by reference.
37. Conclusions of law, no reply required, If a reply is required, the averments are
specifically denied. The averments are also denied pursuant to Pa,R.C.P. No. 1029(e). By way
of further reply, the accident and resulting injuries and damages were caused by the negligent
actions of Defendants, either individually and/or jointly and severally, as set forth in the
Complaint filed in this action which is incorporated herein by reference.
38. Conclusions of law, no reply required. If a reply is required, the averments are
specifically denied. The averments are also denied pursuant to Pa.R.C.P. No. 1029(e). By way
of further reply, the accident and resulting injuries and damages were caused by the negligent
actions of Defendants, either individually and/or jointly and severally, as set forth in the
Complaint filed in this action which is incorporated herein by reference.
39. Conclusions of law, no reply required. If a reply is required, the averments are
specifically denied. The averments are also denied pursuant to Pa.R.C.P. No, I029(e). By way
of further reply, the accident and resulting injuries and damages were caused by the negligent
actions of Defendants, either individually and/or jointly and severally, as set forth in the
Complaint filed in this action which is incorporated herein by reference.
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Document #:224116.1
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WHEREFORE, Plaintiff LeAnne Haycock demands that Defendants' New Matter be
dismissed and that judgment be entered in her favor and against Defendants as requested in the
Complaint filed in this action,
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By: c:~ iD....... 1./1
Clark De V ere, Esquire
Attorney J.D. No. 68768
3211 North Front Street
P,O. Box 5300
Harrisburg, P A 17110-0300
(717) 238-8187
Attorney for Plaintiff
Dated: I-I '5:" -0 OJ-
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VERIFICATION
I, Leanne Haycock, hereby certify that the following is correct:
The facts set forth in the foregoing Plaintiff's Reply to Defendants' New Matter are based
upon information which I have furnished to counsel, as well as upon information which has been
gathered by counsel and/or others acting on my behalf in this matter. The language of the Plaintiff s
Reply to Defendants' New Matter is that of counsel and not my own, I have read the Plaintiff's
Reply to Defendants' New Matter, and to the extent that it is based upon information which I have
given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the
extent that the content of the Plaintiff's Reply to Defendants' New Matter is that of counsel, I have
relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth
in the aforesaid Plaintiff's Reply 10 Defendants' New Matter are made subject to the penalties of
18 Pa. C.sA 94904 relating to unsworn falsification to authorities.
Dated: 1/10(02
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Le. e Haycock
Document #:224116.1
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CERTIFICATE OF SERVICE
I, Clark DeVere, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C.,
hereby certify that I served a true and correct copy of Plaintiff's Reply to Defendants' New Matter
with reference to the foregoing action by first class mail, postage prepaid, this 15th day of January,
2002 on the following:
David L. C1ugh, Jr., David L. Clugh, Sr.
and Theresa J, C1ugh, Defendants
c/o Jefferson J. Shipman, Esquire
Goldberg, Katzman & Shipman, P .C.
320 Market Street - Strawberry Square
P,O.1268
Harrisburg, PA 17108-1268
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Clark DeVere, Esquire
Document #:224116.1
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LEANNE HAYCOCK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTON - LAW
DAVID 1. CLUGH, JR., DAVID
1. CLUGH, SR. and THERESA 1.
CLUGH,
NO. 01-6514 CIVIL TERM
Defendants
JURY TRIAL DEMANDED
CERTIFICATE PREREQUISITE TO SERVICE
OF A SUBPOENA TO THE DEPARTMENT
OF TRANSPORTATION PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena for documents and things pursuant to Rule
4009.22, Plaintiff certifies that
(I) 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.
METZGER, WICKERSHAM, KNAUSS & ERR
By ~ 1: ..,
Clark DeVere, Esquire
Attorney LD. #68768
3211 North Front Street
P,O, Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Plaintiff
Dated: "2.-( 3 - C> '"2....-
Document #: 227405.1
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LEANNE HAYCOCK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTON - LAW
DAVID L. CLUGH, JR., DAVID
L. CLUGH, SR. and THERESA J.
CLUGH,
NO. 01-6514 CIVIL TERM
Defendants
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE A SUBPOENA ON DEP ARTMENT OF
TRANSPORTATION TO
PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.21
Plaintiff intends to serve a subpoena on the Department of Transportation 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,
METZGER, WICKERSHAM, KNAUSS & ERB, P.C,
By:
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Clark De V ere, Esquire
Attorney I.D. No, 68768
3211 North Front Street
P.O. Box 5300
Harrisburg, Pa 17110-0300
(717) 238-8187
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Attorney for Plaintiff
Date: 1- Z/-OL
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LEANNE HAYCOCK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTON - LAW
vs.
DAVID L. CLUGH, JR, DAVID
L. CLUGH, SR and THERESA 1.
CLUGH,
NO. 01-6514 CIVIL TERM
Defendants
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Department of Transportation, Bureau of Driver Licensino, PO Box 68695,
Harrisburo, Pennsylvania 17106-8695
(Name of Person or Entity)
Within twenty (20) days after selVice of this subpoena you are ordered by the court to produce the following
documents or things: Ce.rtified Drivino Record of David Cluoh, Jr.. 1102 Celeste Drive,
Shippensburo, Pa 17257: Driver Number: 26048953; Date of Birth: 5/30/82
at Metzoer, Wickersham, Knauss & Erb, P.C" Attention: Anoie, 3211 North Front
Street, HarrisburO,Pa 17110
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with
lhe certificate of compliance, 10 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 of produce the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after itsselVice, the
party serving this subpoena may seek a court order compelling you 10 comply with il.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWlNG PERSON:
Name: Clark DeVere, Esquire
Address: 3211 North Front Street
Harrisburo, Pa 17110
Telephone Number: 717-238-8187
Supreme Court 10 # 68768
Attorney for:
Plaintiff
BY THE COURT:
Prothonotary/Clerk, Civil Division
Date:
Seal of the Court
Deputy
Document #: 225550.1
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CERTIFICATE OF SERVICE
I, Angela M. Flynn, an employee of the law firm of Metzger, Wickersham, Knauss & Erb,
P. C., hereby certifY that I served a lrue and correct copy of the foregoing document with reference
to the foregoing action by first class mail, postage prepaid, this ,x If'" day of January, 2002 on the
following:
David L. Clugh, Jr., David L. Clugh, Sr.
and Theresa J, Clugh, Defendants
c/o Jefferson J, Shipman, Esquire
Goldberg, Katzman & Shipman, P.C,
320 Market Street - Strawberry Square
P,O, 1268
Harrisburg, P A 17l 08-1268
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Clark DeVere, Esquire
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CERTIFICATE OF SERVICE
I, Angela M. Flynn, an employee of the law firm of Metzger, Wickersham, Knauss & Erb,
P,C., hereby certifY that I served a true and correct copy of the foregoing document with reference
1 ,'2fh
to the foregoing action by first class mail, postage prepaid, this '0 day of February, 2002 on the
following:
David 1. Clugh, Jr., David 1. Clugh, Sr.
and Theresa J. Clugh, Defendants
c/o Jefferson J. Shipman, Esquire
Goldberg, Katzman & Shipman, P.C.
320 Market Street - Strawberry Square
P.O. 1268
Harrisburg, PA 17108-1268
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Document #: 227405.1
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Jefferson 1. Shipman, Esquire
I.D. #51785
GOLDBERG, KATZMAN & SHIPMAN, P.e.
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Counsel for Defendants,
David L. Clugh, Jr" David L. Clugh, Sr. and
Theresa J, Clugh
LEANNE HAYCOCK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 01-6514 CIVIL TERM
v.
DAVID L. CLUGH, JR" DAVID L.
CLUGH, SR and THERESA J. CLUGH,
Defendants
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
CERTIFlCATE
PREREOUISITE 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 OfIntent To Serve A Subpoena, with copies 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;
(2) A copy of the Notice OfIntent, including the proposed subpoenas, are attached to
this Certificate;
(3) No objection to the subpoenas has been received; the twenty day waiting period
was waived.
(4) The subpoenas to be served are identical to the subpoenas attached to the Notice
OfIntent.
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Attorney 1.0. #51785
320 Market Street
P. O. Bcix 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Counsel for Defendants
Date: 5/<0/0'),
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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 G. +~ day of f/I1 ay
addressed as follows:
,2002,
Clark DeVere, Esquire
Metzger, Wickersham, Knauss & Erb
3211 North Front Street
P.O, Box 5300
Harrisburg, PA 17110-0300
By
Jefferson J. Shipn;tan,.E~ql)ir~
Attorney I.D. #51785
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Counsel for Defendants
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Jefferson J, Shipman, Esquire
!.D. #51785
GOLDBERG, KATZMAN & SHJPMAN, P.C.
320 Market Street
P.o. Box 1268
Harrisburg,PPl 17108-1268
(717) 234-4161
Counsel for Defendants,
David L. Clugh, Jr., David L. Clugh, Sr. and
Theresa J. Clugh
LEANNE HAYCOCK,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 01-6514 CIVIL TERM
DAVID L. CLUGH, JR., DAVID L.
CLUGH, SR. and THERESA 1. CLUGH,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE SUBPOENA TO
PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.21
TO: LeAnne Haycock and
Clark De Vere, Esquire
METZGER, WICKERSHAM, KNAUSS & ERB
3211 North Front Street
P,O. Box 5300
Harrisburg, PA 17110-0300
PLEASE TAKE NOTICE that Defendant intends to serve six 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. !fno
objection is made, the subpoenas may be served.
$il
Date: 5/' I 0 J
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TZMAN & SHIP
By
JeffersonJ. Shipman, Esquire
AttorneyLD. #51785
320 Market Street
p, O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Counsel for Defendants
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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 I s+ day of ()II u Y . 2002,
f
addressed as follows:
Clark DeVere, Esquire
Metzger, Wickersham, Knauss & Erb
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
.
By
Jefferson J. Shipman, Esquire
Attorney J.D. #51785
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Counsel for Defendants
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LeAnne Haycock,
Plaintiff
File No, 01-6514
v.
David L. Clugh, Jr., David L. Clugh, Sr., and:
Theresa J. Clugh,
Defendants
SUBPOENA TO PRGOLICE lXlCl.J1EIolTS OR n-t I NGS
FOR D I sroVERY PURSUANT TO RULE 4009. 22
TO: 'Wpa.... t:.hore RMS
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court tii'
d 11 d'cal records, reports, correspon ence,
produce the following docunents or things: any an a IDj; ~03 58 5161 '
diagnostic test results pertaining to LeAnne uaycock-SS DOB 7/2811~
Box 1268, Hdrri"barg, PA J7JOIl-1768
& Sh man 320 Market Street, I'.U.
at Goldberg, Katzman ip ,
(4ddress)
You may deliver or mail legible cooies of the documents or produce things requested bY
this subpoena, together with the certificate of carpliance, to the party making this
request at the addr<?-ss 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 subpoen~ within twenty
(20) days after its service, the party serving this subpoena rray seek a court order
carPe 11 ir:g you to ccrrp ly with it.
THIS SUBPOENA WAS ISSUED AT THE REQJEST OF THE FOlL(J,'/ING PERSON:
NM1E: Jefferson J. Shipman, Esquire
ADDRESS:3ZO Market Street, P.O. Box 1268
H~Tri"bllq", PA 17108-1268
TELEP~~E~17-?~4-4J61
SUPREl"E <XXRT 10 'If 51785
ATTORNEY FOR: Defendants
DATE: ~,.;, I .<t:> .J1Yw.
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CXXJNlY OF 0JMBERl.,AAD
LeAnne Haycock,
Plaintiff
File No, 01-6514
v.
David L. Clugh, Jr.,
Theresa J. Clugh,
Defendants
David L. Clugh, Sr., and
SUBPCENA TO PR<:x:llK:E DCX::U1ENTS OR TH I NGS
FOR 0 I SO)VERY PURSUANT TO RUlE 4009. 22
TO: Cumberland Valley EMS
(Nane of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
'l d reports correspondence,
produce the following docunents or things: any and all medlca recor s, _ '
diagnostic test results pertaining to LeAnne Haycock SS* Z03-~H-~161 DO~ ?/28/78
Box 1268, IIarrlsDurg, FA i:7108 1268
t db Katzman & Shl'pman, 320 Market Street, P.O.
a Go1 erg.
("ddress)
You may deliver or mail legible copies of the ~~ts or produce things requested ty
this subpoena, together with the certificate of carpliance, to the party making this
request at the addr?ss 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
(20) days after
ca:rPe 11 ir;g you to
to produce the documents or
its service, the party
carply with it.
things required by this subpoen'3. within twenty
serving this subpoena rrey seek a court order
lH I S SUBPOENA WAS I SSUED AT THE REQUEST OF THE FOLLCM' I NG PERSON:
NAME: Jefferson J. Shipman, Esquire
ADDRESS:_l~O Market Street, P,O, Box 1268
Harrisburg, FA 17108-1268
TElEPHa4E: 717-234-4161
SUi'REM: CCU<T ID jt 51785
AlTORNEY FOR: Defendants
DATE:_ [J.--.riA( .~~ :lcY:.,:;)""
~f the rt
Prothonotary/Clerk, C' Division
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<::cWDNWEALTH OF PENNSYLVANIA
axJNl'Y OF 0JMl3ERllIND
LeAJme Haycock,
pbintiff
v.
F'j N 01-6514
1 e o.
David L. Clugh, Jr.,
Theresa J. Clugh,
Defendants
David L. Clugh, Sr., and:
SUBPOENA TO PRODU::;E D<XU1ENTS OR ll-ll NGS
FOR DISCOVERY PURSUANT TO RULE 4009,22
TO: Carlisle Hospital
(Nane of Person or Ent i ty)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following doa.rnents or things: any and allmedical records, reports, correspondence,
eAnn Ha k 'SSit ZUj-~l!-:>l61 . DOH 7 nSi7S .
-Di~gnostic test results pertaining to L e ycoc,
Box 1268, Harrisburg, ~A 17108 1268
GoltlheTg. Katzman & Shipman, 320 Market Street, P.O.
( 6.ddress )
at
You may deliver or mail legible copies of tne doaJne~ts or produce things requested ty
this subpoena, together with the certificate of =rpliance, to the party making this
request at the addr~ss listed 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 1 to produce the docunents or things required by this subpoen'3. within twenty
(20) days after its service, the party serving this subpoena ll"8.y seek a court order
=rj?ellir:g you to =>ply with it.
Tl-II S SUBPOENA WAS I SSUED AT ll-lE REQUEST OF ll-lE FOLLCIIII NG PERSON:
NAMt: Jefferson J. Shipman, Esquire
ADDRESS:_~~O Market Street, P.O. Box 1268
Barrisburg~ FA 17108-1268
TELEPHCX~E: 717-234-4161
SWREI'E <X;WT 10 # 51785
ATTORNEY FOR: Defendants
DATE:_ -!ip/J \ ( ,,?~ .;l0:Sd-.
Se 1 of the rt "
. i1 Oivision
(Eff. 7/97)
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CO!'MJNWEI\LTfl OF PrnNSYLV1\N1A
CXXJill'Y OF <XlMBERJ:.l\ND
LeAnne Haycock,
Plaintiff
v. File No,Ol-6514
David L.Clugh, Jr., David L. Clugh,Sr., and
Theresa J. Clugh,
Defendants
SUBPOENA TO PRGOU:::E oo::::t.M:NTS OR TH I NGS
FOR D I SWVERY PURSUANT TO RULE 4009. 22
TO:
Carlisle Imaging Associates
(Nare of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following clocunents or things: any aud all medical records,_ reports, corresJ?ondence,
k /I 203 58 51bl DU~ //28/18
teQt_results pertaining to LeAnne Haycoc SS --
...d;~gJ1of=:"'ic ~_
Box 1268, Harrisburg, PA 1/108 1268
at GolOh~rg, K~~~m~n & Shipman, 320 Market Street, P.O.
(~ddress)
You may deliver or mail legible cooies of the documents or produce things requested ~y
this subpoena, together with the certificate of carpliance, to the party making this
request at the addr<-.ss listed above. You have the right to see\( in advance the reasonable
cost of preparing the copies or producing the things sought.
I f you fail
(20) days after
ccrrPe 11 i r:g you to
to produce the doct.ments or
its service, the party
carply with it.
things required by this subpoen'i within twenty
serving this subpoena rrey seek a court order
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOr'IING PERSON:
NAME: Jefferson J. Shipman, Esquire
ADDRESS:_l~~rket Street, P.O. Box 1268
Rarrisbur~, PA 17108-1268
TElEP~~E: 717-234-4161
SU?R81::: CCU<T 10 1\ 51785
ATTORNEY FOR: Defendants
DATE:
&n'tl Jo .21"l6;2..
S of the eouft '
Prothonotary/Cler, ivi 1 oivision
'- .a fJ..1...R 2. cry./J./)-Dt< r-
Deputy
(Eff. 7/97)
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"0' -"" ,-" >"'''-''' :':'~~~r' ~'-l\J~d
~TH OF PENNSYLVANIA
CXXJNrY OF CUMBEID.J\N[)
LeAnne Haycock,
Plaintiff
v.
File No. nl-6~14
David L. Clugh, Jr., David L. Clugh, Sr., and
Theresa J. Clugh,
Defendants
SUBPOENA TO PR()[J(X;E DO:::U1ENTS OR TH f NGS
FOR D I S<X>VERY PURSUANT TO RULE 4009. 22
TO:
Dr. David P. Albright, Belvedere Medical Center
(Nane of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the =urt to
produce the following docunents or things: any and all medical records, reports, corresp~ndence,
- 203-58-~lbl vOR 1/28/78
diagnostic test results pertaining to LeAnne Haycock - SS#
Box 1268, Harr1sburg, ~A ri168 1268
at Goldberg, Katzman /;. Shipman, 320 Market Street, P.O.
(ilddress)
You may deliver or mail legible cooies of the docume~ts or produce things requested ~y
this subpoena, together with the certificate of compliance, to the party making this
request at the addr<?ss listed above. You have the right to seek in advance the reasonable
cost of preparing the copies or producing the things sought.
I f you fail to produce the docunents or things required by this subpoen'3. within twenty
(20) days after its service, the party serving this subpoena rrey seek a court order
cari':>ellir:g you to carply with it.
mfS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLCIr'IING PERSON:
NAME: Jefferson J. Shipman, Esquire
AODRESS:]~~~rket Street, P.O. Box 1268
Harrisburg, PA 17108-1268
TfLEPHCX~E: 717-234-4161
SlJ"RB'E CX:U<T to ~ 51785
ATTORNEY FOR: Defendants
DATE:_ D.~~ it d~ ..:J/":\('d."
~f the !"t
, '1 oivision
(Eff. 7/97)
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cx:MDNWE:I\LTH OF PENNSYLVANIA
CXXJN1'Y OF aJMI3ERIAND
LeAnne Haycock,
Plaintiff
Fi le No, 01-6514
v.
David L. Clugb, Jr., David L. Clugb,Sr. and
Theresa J. Clugh,
Defendants
SUBPOENA TO PROOXE DO:::U1ENTS OR 111 f NGS
FOR D I $CX)VERY PURSUANT TO RULE 4009,22
TO:
Alexander Spring Rehab Center
(Nane of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following docunents or things: any and all medical records,I:epor~s, corresp,ondence,
diagnostic test results pertaining to LeAnne Haycock ssg 203-58-5161 DOB IIZ~/18
~~x 1268, Rarrisburgs PA l/lU8 1268
at Goldberg, Katzman & Shipman, 320 Market Street, P.O.
(t.ddress)
Y0U may deliver or mail legible cooies of tne documents or produce things requested 0Y
this subpoena, together with the certificate of =1)liance, to the party making this
request at the addr",ss listed above, You have the right to seek in advance the reasonable
cost of preparing the copies or producing the things sought_
I f you fail
(20) days after
ccnt>e 11 i r;g you to
to produce the doct.ments or
its service, the party
carply with it.
things required by this subpoen'3. within twenty
serving this subpoena rray seek a court order
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF 1l-lE FOLLCIIIING PERSON:
NAME: Jefferson J. Shipman, Esquire
ADDRESS:_~2~Market Street, P.O. Box 1268
Harrisburg, PA 17108-1268
TELEP~~E: 717-234-4161
SUPREME COURT fD # 51785
ATTORNEY FeR: Defendants
:J2..
Prothonotary/Clerk, "1 Division
4Ja"oP ~r~AA~Gy
DATE:_-€-J?I2.\ l _:?~ ~d-..,,-
Se 1 of the rt
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(Eff. 7/97)
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LEANNE HAYCOCK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTON - LAW
DAVID 1. CLUGH, JR., DAVID
1. CLUGH, SR, and THERESA J.
CLUGH,
NO. 01-6514 CIVIL TERM
Defendants
JURY TRIAL DEMANDED
PLAINTIFF'S PRAECIPE TO SETTLE. DISCONTINUE AND END
Kindly mark the above action by Plaintiff LeAnne Haycock settled, discontinued
and ended.
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By: ~ 1.
Clark DeVere, Esquire
Attorney LD. No. 68768
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorney for Plaintiff
Dated: IOZ-ii.3-0.2..
Document #: 24,6322.1
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CERTIFICATE OF SERVICE
I, Clark DeVere, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C.,
hereby certify that I served a true and correct copy of Plaintiff s Praecipe to Discontinue with
reference to the foregoing action by first class mail, postage prepaid, this 23rd day of December,
2002 on the following:
David L. Clugh, Jr., David L. Clugh, Sr.
and Theresa 1. Clugh, Defendants
c/o Jefferson J. Shipman, Esquire
Goldberg, Katzman & Shipman, P .C,
320 Market Street - Strawberry Square
P.O. 1268
Harrisburg, PA 17108-1268
CZT/- ~'4...~
Clark De V ere, Esquire
Document #: 246322.1
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