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HomeMy WebLinkAbout01-06805 ,'i?.[ #19 CLINTON D. CAREY and AMANDA CAREY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JEFFREY W. FOREMAN, Defendant NO. 01-6805 CIVIL TERM PRETRIAL CONFERENCE AND NOW, this 21st day of August, 2002, before Edgar B. Bayley, Judge, present for the plaintiff was, James DeCinti, Esquire, and for the defendant, Jefferson J. Shipman, Esquire. Richard A. Sadlock will try the case for plaintiff. This case arises out of an automobile accident on July 28, 2001, in which Clinton Carey was a passenger of a vehicle being driven by Jeffrey Foreman. Negligence is admi tted. Foreman principally seeks noneconomic damages for a fractured dislocation of the left elbow and left ulna for which he underwent surgery, and for damages to his teeth for which he has undergone considerable treatment. There is a claim for loss of consortium by Amanda Carey. Estimated time of trial, one and a half to two days. Edgar B. Bayle, J. James DeCinti, Esquire For Plaintiff \ Jefferson J. Shipman, Esquire For Defendant prs -''':~:",.,,--,.,;,<-,~. '.... ... .....':1' ""', - >", r. 't.'," ~ ~ ,~ . "'~--, "~ ,,~~.. ,'~== ~'. - ~ - ," "'~ ""~~"'h' ".,.~ ~^"I ~,~ "n', ...,~ ""~~ ~-" .~ ~ <::) 0 N "" ~U, ".. ..... -"gj c:: ~'i~ G') i'i'i:Il . r- i7i5; N g~ -<L. ,::;J ~CJ .t> :t:t,", ):> :Ii: (9+f 2:8 ~'M --c o( )>c r;.? ~ N ~ , (,.) -< / lilt n Jr:.p,~lI',,,, ",-.,)L.,.. ,1:ll~xP~~JW~~~i~~1l\~,0,Xn!'I'~'iM\if;j,'i$W.!"~7!'Ut;H~*"~-!'ii:!l1f>:<ii~f-i.\'l5'1,-"'''frW'~'';'~l~f,!'!~'~" '~::"'?';.:~ II ! i, _.,--~-...... , L~! AUG 1 IS 2002 U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLINTON D. CAREY and AMANDA CAREY, CIVIL ACTION - LAW Plaintiffs NO. 01-6805 Civil Term v. JEFFREY W. FOREMAN, Defendant JURY TRIAL DEMANDED PLAINTIFFS' PRE-TRIAL MEMORANDUM I. STATEMENT OF CASE The instant action arises out of a July 28, 200 l~vehiCle accident. At the time of the accident, Plaintiff Clinton D. Carey was a pa enger in a vehicle being driven by - Defendant Jeffrey W. Foreman. Defendant Foreman operated his 1998 Ford F-150 pick-up - truck at a high rate of speed, lost control, fan off of the roadway, and struck a tree. II. DAMAGES Plaintiffs seek to recover all damages recognized by Pennsylvania law including, but not limited to, pain and suffering, work loss, disfigurement, loss of enjoyment of life's pleasures, embarrassment and humiliation, and loss of consortium. 249459 J\RASIMLB - "l.",:,,~,,~"",., m ~~., ,~=.. '"" '." """~,' . ~~.' "' , ~o;; '" ":t", \;~i; 'b~:,~'!k~;^,~: >',,:;,:,h"~,. .~' ';,'~~I:;;:,~:L:nr:,j~~.' ,~~ ~\'" ;t:N.,,;&;,i. ;~):; ,;;~;i'.:;,~~~,,:d/ :::i~ ""''','' , , -, /, ,',,'''''' ,'.= '.T",:~ ,I_~ .,,~:.., ~ II " III. WITNESSES 1. Plaintiffs Clinton and Amanda Carey, 69 Country View Estate, Newville Pennsylvania; 2. Defendant Jeffrey W. Foreman, 45 Etter Road, Newburg, Pennsylvania, (on cross-examination); 3. Trooper John Litz, Pennsylvania State Police, Carlisle Precinct; 4. Allyn Perkins, DDS, 300 Souhth Hanover Street, Carlisle, Pennsylvania, (via deposition); and 5. Daniel P. Hely, M.D., Appalachian Orthopedic Center, Ltd., 1 Dunwoody Drive, Carlisle, Pennsylvania, (via videotape deposition); Plaintiffs will supplement this list, if necessary, in a reasonable time prior to trial. IV. EXHIBITS 1. Photographs of Defendant's vehicle; 2. Photographs of the accident site; 3. Photographs of Plaintiff Clinton D. Carey's accident-related scarring; 4. Medicals models and diagrams; and 5. Medical bills. Plaintiffs will supplement this list, if necessary, in a reasonable time prior to trial. V. EXPERT REPORT The medical reports of Allyn Perkins, DDS and Daniel P. Hely, MD. are attached hereto as Exhibit A. 249459.llRASIMLB 1'''''''''_,;':0, II -<-, 'f",,, ',_'.-"'J'''Q, ~';T ,-"..,.~..,,\,,~ . , ~-".-,:.,,,.-'t:,:::, "'" '.' " ,-- .'.,:.- '.,'..'~..'I..'...-...'''. ~ -- ":, - ~ - , ,-; ,"~ <~:",:,,:{~:, "':'".: . j, ";:,:',D.Tf\:"- ~;-,:: ~~">'.".", - ,,'0:-->:', ":-<:,;)JL~~. ;;;' ~ ".' . ,'~ VI. STIPULATIONS Plaintiffs request a stipulation as to Defendant's liability. VII. LENGTH OF TRIAL 2 days. VIII. SCHEDULING PROBLEMS None anticipated. IX. EVIDENTIARY ISSUES None anticipated at the present time. X. SETTLEMENT NEGOTIATIONS Plaintiffs demanded a tender of Defendant's $100,000 policy limit. To date, no settlement offer has been made. c J.D. 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs Date: August 16 2002 249459.I\RASIMLB ';'f'i, ~,,,,,,,,,~~,,,. II "';".<:-/; ~,-~:;cd;';,:':;;",; " ~ --,,-';i:,,< ;;1;:. _, .c..."_____," '.:'-",.,.,...,'---- -~ - , c. " I ~ Allyn G. Perkins, D.M.D. 300 S. Hanover Street Carlisle, PA 17013 December 11, 2001 Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Re: Clint Carey Accident Date: July 28, 2001 Dear Mr. Sadlock: On August 1,2001 Mr. Clint Carey showed up in our office and reported to us he was in an automobile accident on July 28, 2001. His dental injuries were consistent with trauma. He subsequently received treatment fOf his injuries. Listed below are the dates along with the treatment that Mr. Carey received in our office. 8/1/01 Emergency Exam 8/1/01 Tooth #8 - Root Canal 8/15/01 Tooth #8 - Post/Core 8/15/01 Tooth #8 - Crown 8/16/01 Tooth #9 - MIDFL Filling 8/20/01 Tooth #7 - MIFLFilling 8/20/01 Tooth #10 - MIFL Filling 8/27/01 Tooth #23 - MIDFL Filling 8/27/01 Tooth #23 - Retention Pins 8/25/01 Tooth #25 - FlD Filling Tooth #8 had the most severe injuries. There is the possibility, as a result of his auto accident, Mr. Carey will need further tre;ltment. Fractures that are now undetectable may develop and also teeth with a history of trauma may develop abscesses which both may fequire treatment at a latef date. If you have any further questions, please contact me at (717) 249-1646. Sincerely, ~ .IJ, ~ fJ/1;t() Allyn G. Perkins, D.M.D. AGP/skb "~"~J\".\=" ~~" ' ,',"> , ,,'';; ~" 1" ~" ,,=, , ,,' ,..~ - ~~ - ApPAL).,. rUAN ORTHOPEDIC CENT\.. " LTD. Thomas J. Green. M.D. Daniel P. Hely. M.D, John C. Rodgers. M.D. 1 Dunwoody Drive CaJlIsJe. PA 17013 Telephone: (717) 249-6112 (717) 243-1414 Fax: (717) 249-6235 (717) 243-2522 October 10, 2001 Richard A. Sad lock 4503 North Front Street Harrisburg, PA 17110-1708 Re: Clinton Carey 55# 173-68-1741 Dear Mr. Sadiock: Clinton Carey has been under my care since being involved in a motor vehicle accident on the night of July 29, 2001. The history which I obtained from the patient was that he was involved in a motor vehicle accident as a passenger just prior to coming to the Carlisle Hospital. Following evaluation in the ER; he was taken to sur er for 0 en reduction internal fixation of a comminuted fracture disloc . eft elbow with t e fracture mvo v ere appeare 0 e eVI ence of impending c men syn rom e time of surgery, and a volar fasciotomy was done at that point. Clint experienced a smooth postoperative course and his healing thus far has been uneventful. He has returned to work. Clint is showing steady improvement in the left forearm. His clinical examination and x-ray here in the office this morning were quite satisfactory. In addition to the injury of the left upper extremity sustained in the July 29th injury, Clint suffered fractures to several teeth. To specifically answer the questions posed in your September 27, 2001 letter, i can provide the following. I first saw Clint in the ER at Carlisle Hospital on July 29, 2001. His condition at that point was a comminuted fracture dislocation of the left elbow with impending compartment syndrome, laceration of the scalp, and fractures of the teeth. Treatment rendered at that time included repair of the scalp laceration as well as open reduction internal fixation of the fracture dislocation at the elbow with volar fasciotomy. Clint has been seen in the office by me on three occasions since surgery, most recently this morning. Clint has been improving since the time of the accident. Future treatment will include follow up visits and x-rays to assess fracture healing. Hardware removal is also advisable to return the forearm to normal after fracture healing is complete. This is usually done at some point approximately 9 months to a year following the injury. . Prognosis in Clint's case is excellent. I anticipate that there will be complete return of normal function, and arthritic changes at the elbow are not likely. given the progress thus far. The cost of future office visits and x-rays will be- 3-4 visits at $75/visit plus $75 for each x-ray for a total of $300. Hardware removal including hospitalization should come to approximately $5000. I have made the above statement with a reasonabie degree of medical certainty. If I can provide any further clarifications, please let me know. My Social Security Number is 156-38-1677 and the Federal I.D. Number is 25-1829749. Have a nice day with warmest regards. DPH/jmn S...in~~t, , I ~I Daniel P. Hely, M.D. / t '!'!W!'R!l"" "". ~~" ~ ,,' -I ",,' ,. ,~~'f"~ lln 'il.' ,!(, ... CERTIFICATE OF SERVICE I, Marcy L. Brymesser, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFFS' PRE-TRIAL MEMORANDUM on the following via postage prepaid, first class United States mail, addressed as follows: Jefferson J. Shipman, Esquire Goldberg, Katzman & Shipman 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 ~4~~ Marcy L. Besser Date: August 16,2002 249459.11RASIMLB ;!,tb;~_ , " . > ,",", _(~:II '; 7'~::-::t~\'-' ':~:~~::ii::r:~:1~ :'__::~,_:;~:__{:' t;~:,;illili~i~{.:.-,,~~-~~~,-;,::;)>~~;g:~ii:,~:~:':. ;",:,";lto ~__,_.__ ~[X~,; ::L(-;(c':,; ","",',L:d~"!,:-,;''''''< .,;-,-",.," c--r<:_-:<,;,"-"-__ ".1' "I""",," 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.c. CLINTON D. CAREY and AMANDA CAREY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. CIVIL ACTION - LAW NO. 01-6805 CIVIL TERM JEFFREY W. FOREMAN, Defendant JURY TRIAL DEMANDED PRE-TRIAL MEMORANDUM OF DEFENDANT 1. Statement of basic facts as to liability. This one-vehicle accident occurred on July 28, 2001 near Newburg, Pennsylvania. The Defendant, Jeffrey Foreman, was operating a vehicle on Mountain Road when the vehicle left the roadway, striking a tree. The Defendant admits liability. 2. Statement of the basic facts as to damaqes. The Plaintiff sustained fractures of several teeth and his left elbow. ';~,:~~Jl1t,~"" -,~ "e_~'<"''''''''''''''~' ,-=" ,0 ~, ~"" ,.~n,~ ,"_~"""',_I_,." _ ~"w. it~ 3. statement as to the principal issues of liability and damaaes. The principal issue is the amount of damages sustained by Plaintiffs. 4. Leaal issues. The Defendant anticipates Plaintiffs will attempt to introduce evidence of alcohol consumption prior to the accident. Defendant will object to this and is prepared to file a Motion in Limine to preclude any alcohol evidence. 5. Witnesses. Clinton and Amanda Carey, as on cross-examination The Defendant respectfully reserves the right to supplement this witness list. 6. Exhibits. All materials exchanged in discovery. Defendant respectfully reserves the right to supplement this exhibit list. 2 '.,-"" ',=~,~ ',- -"', ---:0 ",-~f"',. , . ,,-' .,o' <,' >', :~l?\:-- . "v,_,,, -<;::""=,",,, "!"- __ ',_. , ~_, ,'~_,~ ~ ~ ~ 0 .'.-, >. 7. Settlement neaotiations. Plaintiffs have demanded the policy limits of $100,000. The Defendant anticipates receipt of settlement authority for the Pre-Trial Conference. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. Qj~, Attorney I.D. #51785 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Date: (l.tu<.. 83582.1 '-"~ (] 14> 110- I Counsel for Defendant 3 '::: ",_!J~ )~lW.r, "', ""'X,~,t"i,?""v,,,-r<~_\>,,~_ ""--"'-",,' , "t----",;,,"",,,,,: "",,", , '.~'-,.',~,,~,-" ,~ ,n'."" ~< , _.,,"_" , ' ' CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on August 16, 2002: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. Je At orney I.D. 5 785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant 72840.1 ~"1jji%lf.Lr) ;'",-,"'CO";,-" +~-","_H'~' <,'-~' '-'''! d,~','_-->",' ',~'::r:'--'" , ,c_ # :;",.'7'1_,n)4.-~~.,,,, \.' '7_' "0'_' '~". ~"--" ~, - , --<,-, "" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLINTON D. CAREY and AMANDA CAREY, CIVIL ACTION - LAW Plaintiffs NO. 01 - w:os c.;u~l '-r~ v. JEFFREY W. FOREMAN, Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint 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 judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE 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 (800) 990-9108 ''':"," ,'~?", '" " ,'<:''','~ii; "'\'''!:'~>ff~':_",:,,:'r_,-~ _', --,- ""', -0. ,!+~,,:n"_ -: _ "." - ,- };," 1,1,<, _."--:_~, <, ~ , _ " " "-0 ".. 1'"!- "-_-"~ _" _ "" ... v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLINTON D. CAREY and AMANDA CAREY, CIVIL ACTION - LAW Plaintiffs NO. D'- ts.j>OS (?,O~C-r~ v. JEFFREY W. FOREMAN, Defendant JURY TRIAL DEMANDED NOTICIA Le ban demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. U sted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEPFONO A LA OFICINA CUY A DlRECCION SE ENCUENTRA ESCRlTA ABAJO PARA AVERlGUAR DONDE SE PUEDE CONSEQUlR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 :--~-l_~i",,,.-_,, i_J]L /:'~"'c;t.,,,,,!~,,,~,-,-,\, '-',,{.'~\:::,-~<n':' ,'_~:"i.-"~c:':'_":',~d'z,^,;:-:,?-~, ;,',", , ',^', ",I ,.' .',' '~'"'' "'"'_"","_" ,L:,=,,~>,,_"",~ '"._~_~< ... ,C.' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLINTON D. CAREY and AMANDA CAREY, CIVIL ACTION - LAW Plaintiffs NO. 0/- I.POS C;(.>'~C-r~ v. JEFFREY W. FOREMAN, Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs Clinton D. Carey and Amanda Carey are adult individuals and citizens of the Commonwealth of Pennsylvania who reside at 69 Country View Estates, Newville, Cumberland County, Pennsylvania. 2. Defendant Jeffrey W. Foreman is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 45 Etter Road, Newburg, Cumberland County, Pennsylvania. 3. The facts and occurrences hereinafter related took place on or about July 28, 2001 at approximately 9:45 p.m. on Mountain Road, Cumberland County, Pennsylvania. 4. At that time and place, Defendant Foreman was operating his motor vehicle, a 1998 Ford F150 truck, on Mountain Road. 5. At that time and place, Plaintiff Clinton D. Carey was a passenger in the vehicle being driven by Defendant Jeffrey W. Foreman. 6. At that time and place, Defendant Jeffrey W. Foreman was operating his vehicle at a reckless and unsafe speed. 238449.1\RASIPAS '. ';~~~""C ~.c.., h:;:'-;'-'}~~~,,r:0> ,-. "".'-' _<,-..,,~,t"i'>-",,~, _'. ",1",7', ,. c, " ,^^. _'~'"",_,_'E1,'~,"",,,, .,,"""- "" __, ,~ :'___=", ,--,.,,,~'" "^', .. ~" 7. Defendant Jeffrey W. Foreman lost control of his vehicle, crossed the double yellow line, left the roadway, and struck a tree with the front end of his vehicle, causing a motor vehicle accident. 8. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff Clinton David Carey are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant Foreman operated his motor vehicle as follows: (a) failure to stay within his lane of travel; (b) failure to take reasonable evasive action to avoid the accident; (c) failure to travel at a safe speed; (d) failure to drive the vehicle with due regard for the road and traffic conditions which were existing and of which he was or should have been aware; ( e) failure to keep proper and adequate control over the vehicle; and (1) driving the vehicle upon the road in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. CLAIM I CLINTON D. CAREY v. JEFFREY W. FOREMAN 9. Paragraphs I through 8 of Plaintiffs' Complaint are incorporated herein by reference. 10. As a result of the aforementioned accident, Plaintiff Clinton D. Carey sustained painful and severe injuries which include, but are not limited to, numerous fractures of left elbow 238449.1IRASIPAS 2 ,-c' ~f1,,__D IT) , ,,_,., ''C',''i':'CY'';''' "~~.,;,, ~(,_ \ '. ':V.1-',~_~"' c ~,+">c;, if''''\-::":'.': ." 'C ~:. ^~r',"'-! ,_~' ,r ,'" ~ .. ~t~f ' requiring surgical repair, compartment syndrome requiring a volar fasciotomy, sutures on right elbow, scalp laceration requiring sutures, broken nose, four broken teeth throughout his mouth, cervical strain, and jaw and head pain. 11. By reason of the aforesaid injuries sustained by Plaintiff Clinton D. Carey, he was forced to incur liability for medical treatment, medications, hospitalizations and similar miscellaneous expenses in an effort to restore himself to health, and claim is made therefor. 12. Because of the nature of his injuries, Plaintiff Clinton D. Carey has been advised and, therefore, avers that he may be forced to incur similar expenses in the future, and claim is made therefor. 13. As a result of the aforementioned injuries, Plaintiff Clinton D. Carey has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out his daily activities, loss oflife's pleasures and enjoyment, and claim is made therefor. 14. As a result of the aforementioned injuries, Plaintiff Clinton D. Carey has been and in the future will be subj ected to great humiliation and embarrassment, and claim is made therefor. 15. As a result of the aforementioned injuries, Plaintiff Clinton D. Carey, he sustained uncompensated work loss, and claim is made therefor. 16. As a result of the aforementioned collision and resulting injuries, Plaintiff Clinton D. Carey has sustained loss of opportunity and a permanent diminution of his earning power and capacity, and claim is made therefor. 17. Plaintiff Clinton D. Carey continues to be plagued by persistent pain and limitation and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefor. 238449.11RASIPAS 3 4W,~J\.", ',"',"'5,.. -",:~,-",:-::~"p;: c- , ' -_:'" " ""."~' :':.-'1'" <, .~., ,.~,;", "C .. ,zL 18. As a result of the aforesaid accident, Plaintiff Clinton D. Carey has sustained scars which will result in a permanent disfigurement, and claim is made therefor. CLAIM IT AMANDA CAREY v. JEFFREY W. FOREMAN 19. Paragraphs I through 18 of Plaintiffs' Complaint are incorporated herein by reference. 20. As a result of the aforementioned injuries sustained by her husband, Clinton D. Carey, Plaintiff Amanda Carey has been and may in the future be deprived of the care, companionship, consortium, and society of her husband, all of which will be to her great detriment, and claim is made therefor. WHEREFORE, Plaintiffs Clinton D. Carey and Amanda Carey demand judgment against Defendant Jeffrey W. Foreman in an amount in excess of Twenty-five Thousand Dollars ($25,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. ANGINO 'chard . Sa I.D. No. 47281 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs Date: November 28,2001 238449.I\RASIPAS 4 :"':~~1?11llj!.t".,;_"If'-'"',":__'~~"i:""__":~",:v"..,-- -- ~< --~ ,q, --- I''''". ,,-' ''''__~""., -,.", -'- .. ... ,>;;,' "<!\<, VERIFICATION We, Clinton D. Carey and Amanda Carey, Plaintiffs, have read the foregoing PLAINTIFFS' COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of our knowledge, information and belief. We understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Dated: If I r~/ DI ()~/;(~ Witness 0Au~1 K ~. 7 WItness 238742.11RASIMLB '.e'o~:.,,:~ .~, .~:<? "("'>,~,~,~--<'__':<~"?"' "",,~N ,-" '" ,.", _".,;", I ' __, _', ,__,.~,^, ,~'_ ,.. ''''-"' ,'" ,",.- . "",'" ,~" ... ~ ,~ ,~ ~ 7 ~ ~ t!l !'i lrl € D ~i>~ ~ I 0 (Y ~~ f - ff ~ '::::: ...0 N ..J 1f' o ~:;; 1:' F;~~ ~tt. ?i~; ;.. ~t;, ---.,,;-- ~g 2.: ::< t,:::) Ci ~1 :"---1 ~ t) ~3 ".~ 1"'..,) '.0 : 'I ('"J ~~,~ ~~ , 'I : ?~1 "'~,.j ~:1 Sj .....-:; ~ ,. .__m_l~." ,?, _""""," .."1"'Y"',".~ 'lI. < "'". ''''~.~",r''''.<>,~\,.\,,~o~,~}lrru!., J*~f,~ Jlf3iHEllJ~~~ ". >.',,,, ,>/-.,.,--,."__.-',."''."':'q".1~t[ "",.",,,~."f~~ 7' :J"I .;;:"" ~ioY " '" Jefferson J. Shipman, Esquire I.D. #51785 GOLDBERG, KATZMAN & SHIPMAN, 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant P.C. CLINTON D. CAREY and AMANDA CAREY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. CIVIL ACTION - LAW NO. 01-6805 CIVIL TERM JEFFREY W. FOREMAN, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE enter the appearance of the undersigned on behalf of the Defendant in the above-captioned matter. GOLDBERG, KATZMAN & SHIPMAN, P.C. DATE: I z-lll?/Ol 72690.1 J If son J. Shipman, Esquire Attorney I.D. 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant ;]-;!".I.,~.f!..J~ ~ '",--- . . .." 'V',_ c,~""".,__"" "~<~ ___ ',~ "I,<~"c. '."~ ~->-l .~" ~~'~'=-r" ,,,", ,~ .," ,'.' ,-, j\:' - CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on December 18, 2001: Richard A. Sad1ock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. J f rson J. Shipman, Esquire Attorney I.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant 72692.1 "1~ ~ " < '("""';",~~,: """':_X'-;~.i,n.:.f~"["__'''-':7''''T,r:. ~ "-", "'-"".1'-, ,.,,~. ..""" ,~,_ O""'~-":'"",~ ,,-if--- "'< ',' ,,' ",Y','>> 'H " '>'.0'__<, ','^" .'^~=, ^~, ~~ 'n'~"~ -'<, C'"' . --, .','- ,,- r - '" r;~"l'_ > ~" -' ~-.. ;-~, ~' ,-- "____''"~'__{',,."","',",c~.,"""',.,"'_,,;'" _._~ o <;= , -< i,::' ~~T~.tti ,~~~,~r,,';f~~H~:~~~ "' jj'" "'"'"if ") \.:',' ,~S' t34 ~-"i:,.':':'~?~~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-06805 p COMMONWEALTH OF pENNSYLVANIA: COUNTY OF CUMBERLAND CAREY CLINTON D ET AL VS FOREMAN JEFFREY W SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon FOREMAN JEFFREY W the DEFENDANT at 1919:00 HOURS, on the 7th day of December, 2001 at 45 ETTER ROAD NEWBURG, PA 17240 by handing to JEFFREY FOREMAN a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 11.70 .00 10.00 .00 39.70 r>J?~-,<~ R. Thomas Kline 12/10/2001 ANGINO & ROVNER Sworn and Subscribed to before By: " me this tt. /3 - day of ~_ d-f>-Q( A.D. ~ {2 71uH"'~-, ~'f Prothonotary' '~'f~f;[ ~.~ ". ""~'" ,~.,. , ,.~~ ~ '" -'"~f"'i ~ ,., 14lfI""~ - Jefferson J. Shipman, Esquire 1. D. #51785 GOLDBERG, KATZMAN & SHIPMAN, 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant P.C. CLINTON D. CAREY and AMANDA CAREY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. CIVIL ACTION - LAW NO. 01-6805 CIVIL TERM JEFFREY W. FOREMAN, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiffs and their counsel, Richard A. Sadlock, Esquire Angino & Rovner, P.~. 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiffs YOU ARE HEREBY notified to plead to the within New Matter of Defendant, Jeffrey W. Foreman, within twenty (20) days of service hereof. GOLDBERG, KATZMAN & SHIPMAN, P.C. Dat'e: 12-/31/01 72833.1 ' ~~. Je~on J~Uire Attorney I.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant i',~~_ ',' ",. '5,0',;--",0'''''' "'''',, ,'~:~'''''''''",~:''F*./:''!(O'o. o".V,> ~,,;:V ,,', ". >" ",' "~--.,.,__-", 'o~ ',~ ___ ", , .>",'"--.--<,- w,'~ Jefferson J. Shipman, Esquire 1. D. #51785 GOLDBERG, KATZMAN & SHIPMAN, 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant P.c. CLINTON D. CAREY and AMANDA CAREY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. CIVIL ACTION - LAW NO. 01-6805 CIVIL TERM JEFFREY W. FOREMAN, Defendant JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF OF DEFENDANT, JEFFREY W. FOREMAN AND NOW, comes the Defendant, Jeffrey W. Foreman, by and through his counsel, Goldberg, Katzman & Shipman, P.C., and files the following Answer and New Matter: 1. Admitted. 2 . Admitted. 3 . Admitted. 4 . Admitted. 5 . Admitted. 6. Denied. The conclusions of law and averments contained in Paragraph No. 6 are fact to which no response is required. If :':'J"1.WiJ;:, ~-, . <':)';t.~~"~"~-,,,, ""?""-,~~~,' -~, "",_,t, _7,.,'.".',I"!"." (,:~c",,_ ',c<.,- ' "', ',""','__ , __.~<'"~_.", ~_ ' g,,~' , ;,:f, a response is deemed to be required, the averments contained therein are specifically denied. 7. Admitted in part, denied in part. It is admitted only that the vehicle left the roadway and struck a tree. The remaining averments of Paragraph No. 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. The averments contained in Paragraph No.8, subparagraphs (a) through (f), 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 was negligent by allegedly failing to stay within his lane of travel; b. Denied. It is specifically denied that the Defendant failed to take reasonable evasive action to avoid the accident; c. Denied. It is specifically denied that the Defendant failed to travel at a safe speed; d. Denied. It is specifically denied that the Defendant failed to drive his vehicle with due regard 2 ["~__I ' r,__o;cs,=~ "~,_\,,.~"'" c "'~"'" ",->.,"" "~"'''''I." ,>~~,"--, ~ ~ for the road and traffic conditions which were existing and of which he was or should have been aware; e. Denied. It is specifically denied that the Defendant failed to keep proper and adequate control over the vehicle; and f. Denied. It is specifically denied that the Defendant drove his vehicle upon the road in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. CLAIM I CLINTON D. CAREY v. JEFFREY W. FOREMAN 9. The Defendant incorporates herein by reference his answers to Paragraph Nos. 1 through 8 above as though fully set forth herein at length. 10. Denied. After reasonable investigation the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of averments contained in Paragraph No. 10 relating to Plaintiff's alleged injuries and the same are, therefore, denied and strict proof demanded at the time of trial. 3 Hi'!,. '., ~ ,-- ,. ,," '_". ."';c, 'P,__""{,,",,",~'.,,-,,p,=," ''''''', "~"~"~"",.__~'l1I.. ,'~,_, . ." '.__~__ ~",' ",",'., c'",,,",,,^, _~ " - 11. Denied. After reasonable investigation the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of averments contained in Paragraph No. 11 relating to Plaintiff's alleged medical treatment and the same are, therefore, denied and strict proof demanded at the time of trial. 12. Denied. After reasonable investigation the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of averments contained in Paragraph No. 12 relating to Plaintiff's alleged expenses and the same are, therefore, denied and strict proof demanded at the time of trial. 13. Denied. After reasonable investigation the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of averments contained in Paragraph No. 13 relating to Plaintiff's alleged physical and mental suffering and the same are, therefore, denied and strict proof demanded at the time of trial. 14. Denied. After reasonable investigation the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of averments contained in Paragraph No. 14 relating to Plaintiff's alleged humiliation and embarrassment and the same are, therefore, denied and strict proof demanded at the time of trial. 4 ~.:;~,., ~'~~.'^y.:,~~;-""".""}~-~'M"'"'<~"''7~J'O",,,, ",,"'-~",'''',' ~.I.v;;~e-,' .~" '" , < '.,' ,n"____ .:~ 15. Denied. After reasonable investigation the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of averments contained in Paragraph No. 15 relating to Plaintiff's alleged work loss and the same are, therefore, denied and strict proof demanded at the time of trial. 16. Denied. After reasonable investigation the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of averments contained in Paragraph No. 16 relating to Plaintiff's alleged loss of opportunity and alleged permanent diminution of earning power and the same are, therefore, denied and strict proof demanded at the time of trial. 17. Denied. After reasonable investigation the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of averments contained in Paragraph No. 17 relating to Plaintiff's alleged injuries and the same are, therefore, denied and strict proof demanded at the time of trial. 18. Denied. After reasonable investigation the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of averments contained in Paragraph No. 18 relating to Plaintiff's alleged permanent disfigurement and the same are, therefore, denied and strict proof demanded at the time of trial. 5 c-,,'t.~':'U"~_'" <', __'<',"~"""'<'''C'''.' """"~'-"--"~,="" ,~"_,~.",_,,L _ '._.',~_ ~". . 0' WHEREFORE, the Defendant, Jeffrey W. Foreman, respectfully requests that judgment be entered in his favor and that Plaintiffs' Complaint be dismissed with prejudice. CLAIM II AMANDA CAREY v. JEFFREY W. FOREMAN I'; 19. The Defendant incorporates herein by reference his answers to Paragraph Nos. 1 through 18 above as though fully set forth herein at length. 20. Denied. After reasonable investigation the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of averments contained in Paragraph No. 20 relating to Plaintiff's alleged loss of consortium and the same are, therefore, denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, Jeffrey W. Foreman, respectfully requests that judgment be entered in his favor and that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER By way of additional reply, the Defendant interposes the following New Matter defenses: 6 ('<'~'''''''''' <"~"'''''''''''~",___",,,,,,,'''''__'''',__<~< ,'__~,,~__0~ "~,-~.,,,",,,,.",. ,.', '.0, ,,'>~ " "~< ~ ~, .M ,>= ", 21. That this action is subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. ~1701, et seq. 22. That Plaintiffs' claims may be limited or barred by the "Limited Tort" option pursuant to 75 Pa. C.S.A. ~1705, et seq. 23. That the accident, and any injuries sustained by Plaintiff, may have been caused in whole or in part by the negligence of third persons or entities not presently involved in this action. 24. That if it should be found that there was any negligence on the part of the Defendant, which negligence is expressly denied, any such negligence was not a proximate cause of any damages to the Plaintiff. 25. That the accident and any resulting injuries were caused in whole or in part by an Act of God or by forces beyond the control of the Defendant. 26. That if the Plaintiff suffered the injuries alleged in his Complaint, those injuries were caused in whole or in part by the negligence of Plaintiff, and recovery in this action is barred or diminished in accordance with the Pennsylvania Comparative Negligence Act. 27. That the Plaintiff may have assumed the risk of his injuries. 7 . ~~- 28. That the accident may have been caused by a sudden emergency. 29. That the accident may have been caused by an intervening, superseding cause. 30. That the accident may have been unavoidable. WHEREFORE, the Defendant, Jeffrey W. Foreman, respectfully requests that judgment be entered in his favor and that Plaintiff's Complaint be dismissed with prejudice. GOLDBERG, KATZMAN & SHIPMAN, P.C. Bl J. Ship an, Esquire Attorney I.D. #51785 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 . Counsel for Defendant 72833.1 8 VERIFICATION I, Jeffrey W. Foreman, hereby acknowledge that I am the 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. ~u/;/~ ~ e W. Foreman Date: 1,2/.:;10/ '.;(' . . l" CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the united States mail, postage prepaid, at Harrisburg, Pennsylvania, on IL/3110/. J I Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. Je f on J. S pman, Attorney I.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant 72840.1 ";:~",..,.,,- ,~ - ,.', ,~'.~)'':'''?f',j't.':,-'{'",i'':, ",n '''~,''.-'''L;,~0[",'>'~",I"i'_ ",~_ ,''".~'''''''<<Z1 ~_._, . ",_",?!".",,"~." ,co, k', '''<:__''0 -'?-"o'_,"'"''''~.''''''' ''''''''__"'.~", ,", 0,,",' ,,~. "'~, ~ ,.,-- "-~^, ~-~ __ ~.' __ , ' c~ -~.".'<~ ".."or 1!1!i!iil1~ " ~ ' " .IFU , ~ "=r.~,,=~;:" ~' ,~" ~,~"4.'R"__"_" W. ,,,, ~,-'"h""~:'<"~.;,,,,,).,;,,,,,,',-,,-' ~""-".lw'r,J"""'.="""ll~a:r(ii]l'!i'-\:*<V::':t~~~ 0 c::> 0 C 1"'0 ~~ -1/ '"TJ <..- cr.; :r.y. ,,- n'! '-'-' Z -"-, , . ;-1'1 ',-:::":" ""- \--- ! :": {/:: r'-J - " -<:: " C" (,") :< '. J>,~ -.]'.-; , : c r .,..::. ,,~ , > '. , c: rei' t_., , '-l ~ ~---i -c:.__ ~._, ,~ 5 " -, en -< G,s 6ft ,." '.,~o."" "-'~'-""',"~1~1~," ",,~~~~~~-fI!~~ ',,', , -.~~~HUI /~r'\~~ }!~:::,,~,-ll:y)~,J~~~ rlili IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLINTON D. CAREY and AMANDA CAREY, CIVIL ACTION - LAW Plaintiffs NO. 01-6805 Civil Term v. JEFFREY W. FOREMAN, Defendant JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER 21. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, the Pennsylvania Motor Financial Responsibility Law in no way limits or reduces damages Plaintiffs may recover in the instant action. 22. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiffs have the full tort option on their motor vehicle insurance policy. See, a copy of the declaration page attached hereto as Exhibit "A". 23. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Defendant's averment lacks the specificity required of the Pennsylvania Rilles of Civil Procedure. Further, no "third person or entities not presently involved in this action" caused the instant accident. As indicated in Plaintiffs' Complaint, only the Defendant was careless, reckless, wanton and negligent and the sole cause ofthe accident. 240504.1IRASISC " ',~IP,< <'"'i ,i "-'-~",""""",,'".r<I,''' ,'" .- ~"<<',"'^""_< ' ';," .+1-""'7''''''-"''''''''''''''''1'''_' ,,1'" <. ,., -,~ ____~",,~_, ,.'. - 0." ."" -".,.~ ,~ lti9"'~.'\T ,.- ~h~ ' 24. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, as previously stated in the Complaint and herein, Defendant was reckless, wanton, careless and negligent in causing the accident referred to in Plaintiffs' Complaint. Such conduct of the Defendant was the proximate cause of the accident and damages sustained by the Plaintiffs. 25. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, no "act of God or forces beyond the control of Defendant" in any way contributed to the happening of the accident referred to in Plaintiffs' Complaint. Further, the accident and all of the injuries and damages sustained by Plaintiffs were caused solely and directly as a result of the negligent, careless, wanton and reckless conduct of the instant Defendant. 26. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiffs were in no way negligent in the happening of the instant action. All of Plaintiffs' injuries and damages were caused solely and directly as a result of the negligent, careless, reckless and wanton conduct of the instant Defendant as rnore specifically stated in Plaintiffs' Complaint. Therefore, the Pennsylvania Comparative Negligence Act does not apply to the instant action. 27. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By 240504.1\RASISC 2 ,"'F.'-" ,. --"c-"h 1".<""1!_o-"""!.",,7,,,~.i' -,.,.oq-".,,,,,,,,,;"'''O','.+< '", .? .t.I'"",!-,/!;.'--'1%'"m,.<,~".. '",',,"" ""',"." -,'< "'..,.<,.",-- 'r~.~" ~_" , ,~, " '---'M'.".. '. """ <^ ",,~,' '.",., ^~--"""' "~~Tr~--' - II "'1'.__J11 Ii way of amplification, Plaintiffs did not assume the risk of being injured. Further, all of Plaintiffs' injuries and damages are recoverable in the instant action. 28. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, there was no "sudden emergency" at the time of the accident referred to in Plaintiffs' Complaint. All of Plaintiffs' injuries and damages are recoverable in the instant action. Further, all of Plaintiffs' injuries and damages were caused solely and directly as a result of the carelessness, wantonness, recklessness, and negligence of the instant Defendant. 29. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, as previously indicated herein, the accident and all of Plaintiffs' injuries and damages were caused solely and directly as a result of the carelessness, wantonness, recklessness and negligence of the instant Defendant. There was no intervening or superseding cause. 30. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, the only way the accident "may have been unavoidable' would be if the Defendant did not act carelessly, recklessly, wantonly and negligently. 240504.1\RASISC 3 ,.,,_,~,.._c<._,> "' "'" ",~~,,,,__,W,~~~.,,"~ ~,l"" ~,." _,__~..' ,_X,__ ... YP~ Yr' ..... WHEREFORE, Plaintiffs respectfully requests this Honorable Court to dismiss Defendant's Answer and New Matter and enter judgment in their favor against the Defendant. Date: I 240504J\RAS\SC "~~.~,< ".~,~J'~l!,,,,,,-,-,-o_<,,,,","'~\""""ry., ,,', Respectfully subrnitted, -<.....-' ANGINO & RO tocK;Esquire LD. No. 47281 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs 1P~ 4 '"". I.~". _,. " ," =MI ~;' VERIFICATION We, Clinton D. Carey and Amanda Carey, Plaintiffs, have read the foregoing PLAINTIFFS' REPLY TO NEW MATTER and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of our knowledge, information and belief. We understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, re in to unsworn falsification to authorities. Dated: \. fD -o~ at 240515.11RASISC : .,#TI~,IlilI,:. ~'I1i~,~)Il: . ~" ~ . _" r PAGE 5 c~ USAA CASUALTY Ir JRANCE COMPANY ~~ (A Sloek Insurance company) 51'" 103,04, , , v"el POLICY NUMBER USM", 9800 Fredericksburg Road - San Antonio, Texas 78288 P-A "UZ7uUI I IT'" 01092 72 SOC 7101 PENNSYLVANIA AUTO POLICY POLICY PERIOD: (12:01 A.M. standard time) RENEWAL DECLARATIONS E F FECTI VE MAR 22'2001'TO SEP 22 2001 Named Insured and Address . AMANDA N CAREY 69 COUNTRY VIEW EST NEWVILLE PA 17241-8750 Descrirltion of Vehicle(s) lvEH USE * WDRK/SCI BODY TYPE ANNUAL Miles 0: "" YEAR mADE NAME MODEL M\\.f.AGE lDENTlfltAT10tl NUMBER SYM -II:: " 03 95 DODGE NEON SPORT SED 4D 8000 3B3ES67C9ST599684 10 W 10 04 99 OLDS BRAVADA 15000 I 1GHDT13W7X2711637 11 W 15 I 'he Vehicie(s) described herein is principally garaged> at the above address unless otherwise stated,1- W/C'W"klS"'..,: 8'8"'.... N.",,; P'Ple VEH 03 VEH 04 NEWVILLE PA 17241~8750 NEWVILLE PA 17241-8750 This policy provides ONLY those coverages for VEH. VEH VEH VEH which a nremium is shown below, 03 6-MONTH 04 6-MONTH COVERAGES LIMITS OF LIABILITY D=DED PREMIUM D=DED PREMIUM D=DED PREMIUM D=DEO PREMIUIIo ("'ACV" MEANS ACTUAL CASH VALUE) AMOUN $ iAMOUM $ MOUN' $ AMOUNl $ 'ART D - PHYSICAL DAMAGE COVERAGE INCREASED RENTAL REIMBURSEMENT 14. ~~ TOWING AND LABOR 4.00 4.0 IEHICLE TOTAL PREMIUM 290.98 415 . 37 6 ."ONTH PREMIUM $ 706.35 FOF $ 88.07 INCLUDED IN PREMIUM VEH 04 AS A RESU LoT OF A N ACe IDENT ( ~ ) . :ULL TORT APPLIES -HE FOLLOWING COVERAGE(S) DEFINED IN THI S POLIC Iv ARE NOT PR OV IDE D FOR: VEH 03 - RENTAL REIMBURSEMENT , 03. 8 0 0 . 4 8 1 00 0 , In WITNESS WHEREOF. we have caused this policy to be signed by our President and Secretary at San Antonio. Texas. on thiS date FEBRU~ 1f, 2001 ~ 5000 C B;;.f~d ~Ch Iu.... ~CC~ 'It Secretary Presloent "~~"jJ~', .' '" -" "~I'~ "~ f' , ,,1 !I!"lIlIlIlJlIm.o ,_~.""",=~Il!! ,.e'r n ; --~ CERTIFICATE OF SERVICE I, Shirley Corman, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFFS' REPLY TO NEW MATTER upon counsel of record via postage prepaid, first class United States mail, addressed as follows: Jefferson J. Shipman, Esquire Goldberg, Katzman & Shipman 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Date: I} " J d I ~~ 240504el\RAS\SC 5 'li',~::J{llI!-." "",.,,,.,,!,~., "'~"'-',_,."_..",,,.,"~",.,,~..~,_I..~m'. "<, "'" ' ~~ .. =.~""""-"-","'"",,,~',,",, p" ,.""'" ", ~" --.-,;.~' " ,,'- X'-','"i:',-"<'''''b.,,c<,~ ,,,,V ""<:l~ It''''lr "l"llitlCr8'"(nltWnilifj'[:it'i>i-r l'ry",o;;111~lj"J.rtk{'~i.ii;r~;<,-'W~; o ~; <: -off; ''''!il, Z~:L ~? ~--. :i::I;~< ~;.~~~ --! -< ,., c:) }~.J .-1 C) ~~,,,, ,. ..;.:. ,'-I :'1:\ ,",-,) ',;1 ~ .... .1"., ".' ...". ~,,',""'~'__', ,. =,"," r<l,) __ :i?ffII~!~'IW~i~Il'"'!~~",lUil~,~.,~~~: ",",,?p ~.~:1rI.J., f'm J.]R1, J __~,frl, lf1lCJ" ,'::# CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CLINT D. CAREY TERM, -VS- CASE NO: 01-6805 FOREMAN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/16/2002 DEll-333569 92243 -LOl 'Wl,!?,:~U ,~- n ~"i " ~,,",.,,,,~\ .0 >~'^ e', I', , <--,-,. ~ ~ , --. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS CLINT D. CAREY TERM, -VS- CASE NO: 01-6805 FOREMAN NOTICE OF IR',l'BRT TO SERVE A SQBPO.ERA TO PRODUCE DOCtlMBRTS AND THINGS FOR DISCOVERY PURSUAR'r TO RULE 4009.21 CAllLISLE HOSPITAL CAllLISLE HOSPITAL DARIEL P. RELY. M.D. ALLYN G. PEBKIRS. D.M.D. GJUPFIR SEll.VICES. IRC. 1I011BRE GOOD . ASSOCIATES MEDICAL RECORDS X-llAY OIlLY MEDICAL RECORDS . XllAYS OTIIEII. EMPLOYMBIIT OTIIEII. TO. IUCIIAIlD A. SADLOClt. ESQ. MCS on behalf of J~Jfl'uSOIl J. SHIPMAII, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days frOlll the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if DO objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your e:qIt!Dse by cOlllpleting the attached counsel card and retunling same to MCS or by contacting our local MCS office. DATE. 04/26/2002 MCS on behalf of JbuKSOIl J. SBlPMAII, ESQUIRE Attonley for DEFEIlDAlIT CC. JEFFERSOIl J. SBlPMAII, ESQUIRE - 22740-1219 Any questions regarding this matter. contact THE MCS GIlOUP IRC. 1601 MA1lXET STREET '800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-185563 92243-C01. ,C"'W."L, ,< ~ ,~ ~ .i"~' .-",' .,' "r':_'.",,~ ,'" ,,":-- "'-10/.,.", . . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CLINT D.CAREY VS FileNo. 01-6805 FOREMAN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: CARLISLE REGIONAL MEDICAL CENTER (Name of Penon or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ~RR ATTAr.HRD at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 (Address) You may deliver or mail legible copies of the documenh or produce things reque.ted by thi. .ubpoena, together with the certificate of compliance, to the party making thi. request at the address li.ted above. You have the right to .eek, in advance, the reasonable cost of preparing the copi.... or producing the things .ought. If you fail to produce the documents or things required by this subpoena, within twenty (20) day. after ih service, the party serving thi. subpoena may .eek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON: NAME: JEFFERSON J. SHIPMAN, ESQ. ADDRESS: 320 MARKET ST., PO BX 1268 HARRISBURGM PA 17108 TELEPHONE: 215-246-0900 SUPREME COURT ID It: ATTORNEY FOR: DEFENDANT DATE: -4"\/2\ \ lq ~~.J. ( E COU~T:~. 4, ProlhonO~iV' ision a...o P r/l~ f De ty '---- Seal of the Court (Eff. 7/97) '.~"'~(,.", , , . -' ~,~ -"'~,,' ~-~ ",-1,' -- ,~ "~ - ,,- > ,-- , - " . --- EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL 246 PARKER STREET CARLISLE, PA 17013 RE: 92243 CLINT D. CAREY INCLUDING ANY AND ALL REPORTS i, Any and all records, <:orrespondence, files and memorandums, handwritten notes, relating to any examination, consultation care or treatment. Dates Requested: up to and including the present. Subject: CLINT D. CAREY 6 COUNTRY VIEW ESTATES, NEWVILLE, PA 17241 Social Security#: 173-68-1741 Date of Birth: 08-03.1978 SUlO-370820 92243 -LOl '~>"'~"- '0'" ~ ," ,?I, ] 'r, '".''" ~~, ,=- l!II!.t!f-~ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CLINT D. CAREY TERM, -VS- CASE NO: 01-6805 FOREMAN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of ',I DATE: 05/16/2002 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DEll-333570 92243-L02 "'~,~~ r, ij, ^ < ~ ',~' ,,<,;~ _ _,r.;-ryA,':' ",' , 1__ . ~ M >cd" ," ~'-, "'1-- .. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS CLINT D. CAREY TERM, -VS- CASE NO: 01-6805 FOREMAN NOTICE 01 INTENT TO SERVE A SUQPOENA TO PRODUCE DOCUJlENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CARLISLE HOSPITAL CARLISLE HOSPITAL DARIKL P. lIlLY, M.D. ALLYN G. PEUnlS, D.M.D. GUFFIH SERVICES, IRC. R01lDE GOOD , ASSOCIATES MEDICAL RECORDS X-RAY OBLY MEDICAL RECOIIDS , DAYS 01'llEll EMPL01MD1' 01'llEll TO.RICIIARD A. SADLOCIt, ESQ. MCS on behalf of .J1!;J!"1'I5KSOlf .1. SHIPMAlII, ESQUIRE intends to serve a subpoena identical tl) the one that is attached to this notice. You have twenty (20) days frQlll the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is _de, then the subpoena _y be served. ClIIIIplete copies of any reproduced records _y be ordered at your expense by clllllpleting the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE. 04/26/2002 MCS on behalf of .JEFFERSOlf .1. SBIPMAlII, ESQUIRE Attorney for DEl'ElfDAR'l' CC. .JEFFERSOlf .1. SBIPMAlII, ESQUIRE - 22740-1219 Any questions regarding this _tter, contact THE KeS GROUP IRC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-185563 92.2. 4 3 - C O:L ','j'**"'"::",,,, ~ , ,,'C. ':'1, >"'1'1,'" .. ~ "T'''''' "--~ ..-- H;:"",,,~ ~ . COMMONWEALTH OF PENNSYLVANIA. COUNTY OF CUMBERLAND CLINT D.CAREY VS FileNo. 01-6805 FOREMAN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: CARLISLE REGIONAL MEDICAL CENTER (Name of Penon or Entity) Within twenty (20) days after service of this subpoena. you are ordered by the court to produce the following documents or things: <:1<1< A'T''T'Ar.H1<D at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek. in advance, the reasonable cost of 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 subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JEFFERSON J. SHIPMAN. ESQ. ADDRESS: 320 MARKET ST., PO BX 1268 HARRISBURGM PA 17108 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DF.FENDANT B DATE: !/.p~ II ~IY)~ - '9 I ............. Seal of the Court .. ~,-,'-~ ~, > .' "~-" , ~_""T ." QO!M! , ,-,. " ~~ "-I ,1' :- EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL 246 PARKER STREET CARLISLE. PA 17013 RE: 92243 CLINT D. CAREY INCLUDING ANY AND ALL DIAGNOSTIC TEST RESULTS Any and all X-Rays pertaining to patient. Dates Requested: up to and including the present. Subject: CLINT D. CAREY 6 COUNTRY VIEW ESTATES, NEWVILLE, PA 17241 Social Security #: 173.68-1741 Date of Birth: 08-03-1978 SUlO-370822 92243 -L02 '-'-";, ._-. -.L ",- ~ "': _ ,["-J _ """'", '-r,-- ,.~ "-, ,~ , . CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CLINT D. CAREY TERM. -VS- CASE NO: 01-6805 FOREMAN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent. including the proposed subpoena. is attached to this certificate, (3) No objection to the subpoena has been received. and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 05/16/2002 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DEll-333571 92243 -L03 "'~~~JT:, ~'_ "_".1'1'>".-.<- .~, ~ '- I. ,""" .". .~ -, ' ~~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS CLINT D. CAREY TERM. -VS- CASE NO: 01-6805 FOREMAN NOTICE OF IH'RH'r TO SE.RVE A SUBl'OBHA TO PRODUCE DOCUlIEHTS AND THINGS FOR DISCOVERY PURSUAN'r TO RULE 4009.21 CARLISLE HOSPITAL CARLISLE HOSPITAL DANIEL P. BELY, H.D. ALLYlI G. PEllKDIS, D.H.D. GUFPIR SERVICES, DlC. ROUIIE GOOD & ASSOCIATES MEDICAL RECORDS X-RAY OIlLY MEDICAL RECORDS & XIlAYS OTBU EMPLOYKERT OTBU TO: IlICBARD A. SADLOCK, ESQ. MeS on behalf of JEPFEllSON J. SHIPMAIl', ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your ezpense by completing the attached counsel card and returning same to MCS or by contacting our local MeS office. DATE: 04/26/2002 MeS on behalf of .JEPPEIlSON J. SHIPMAIl', ESQUIRE Attorney for DEP'EllDAln' CC: JEFFERSON J. SHIPMAIl' , ESQUIRE - 22740-1219 Any questions regarding this matter, contact THE MeS GROUP DlC. 1601 IWlllET S'l'IIEET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-18SS63 92243 -COl , O"'l~~AA.i~. 1 0;:- ""'\! . ",' ,__ c ""',7'_ " .. 0,_',' ~ ""I. .' "' , "' .~ -. . COMMONWEALTH OF PENNSYLVANIA. COUNTY OF CUMBERLAND CLINT D.CAREY VS FileNo. 01-6805 FOREMAN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: DR. DANIEL P. HELY (Name of Penon or Entity) Within twenty (20) days after service of this subpoena. you are ordered by the court to produce the following documents or things: <: 1<1< A 'T''T' A r.HF.D at MCS GROUP INC.. 1601 MARKET ST.. #800, PHILA..PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of 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 subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JEFFERSON J. SHIPMAN. ESQ. ADDRESS: 320 MARKET ST.. PO BX 1268 HARRISBURGM PA 17108 TELEPHONE: 215-246-0900 . SUPREME COURT 10 #: ATTORNEY FOR: DEFENDANT DATE: ~)n'\l /9( ~cY>::;}_ Seal of the Court -'~O)"Mr _,. ~ ,_ .,=_ , "e . "'. _ _ ~'." '" '. I;-~" -, - - ,~,~ -~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DANIEL P. HELY, M.D. 1 DUNWOODY DRIVE CARLISLE. P A 17013 RE: 92243 CLINT D. CAREY INCLUDING ANY AND ALL REPORTS & DIAGNOSTIC TEST RESULTS Any and all records, correspondence, files and memorandums. handwritten notes, original X-Rays, billing and payment records. relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: CLINT D. CAREY 6 COUNTRY VIEW ESTATES, NEWVILLE, PA 17241 Social Security #: 173-68-1741 Date of Birth: 08-03-1978 SU10-370824 92243 -L03 f_~_rili': ~T~__^,"_,~,,,," ~';-.__' ,__ _ '_,',__._ ,J ;.1"'_,-1", ' -'--0,' CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CLINT D. CAREY TERM. -VS- CASE NO: 01-6805 FOREMAN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be servedt (2) A copy of the notice of intent. including the proposed subpoena. is attached to this certificate, (3) No objection to the subpoena has been received. and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 05/16/2002 JEFFERSON J. SHIPMAN. ESQUIRE Attorney for DEFENDANT DEll-333572 92243-L04 "^;;;;~:,,~t,ll ~ "'"'"""?!"1F'-U_ ,'""' , ~,- '",:--,-..' ,I^ - - ~- - - "- .~J -~"=~~ ~. . -,-' ._,,, ~"~.,~~- -~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS CLINT D. CAREY TERM, -VS- CASE NO: 01-6805 FOREMAN NOTICE OF IHTEH'r '1'0 SERVE A SUBPOENA '1'0 PRODUCE DOCUMEH'l'S AND THINGS FOR DISCOVERY PURSUA1!i'r '1'0 RULE 4009.21 CARLISLE HOSPITAL CARLISLE HOSPITAL DANIBL P. BELY, M.D. ALLYIf G. PEIl1WfS, D.M.D. GIlIFFIH SERVICES, DlC. B01lEIIE GOOD r. ASSOCIATES MEDICAL RECORDS X-RAY ORLY MEDICAL RECORDS r. DAYS OTBEll EMPLOYMEIlT OTBEll TO: IlICIIAJU) A. SADLOCK, ESQ. MCS on behalf of Jl5l!'l!'liJlSOIl J. SHIPH6II, ESQUIIlE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days frlS the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/26/2002 MCS on behalf of .JEFPEllS01l J. SBIPH6II, ESQUIRE Attorney for DEFElmAIlT CC: JEFFERSOIl J. SHIPH6II, ESQUIRE - 22740-1219 Any questions regarding this matter. contact THE MCS GROUP DlC. 1601 MARKl!:T STIlEET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-185563 92243 -CO:L ":'!\~=.~ " - -,'""',';", ~'. -" -,-,. . '. . '. ,'''!I-' " ,,>~,_, ,""t'- . ~, ,- '=><l~~ ~ ~ ~"~"'-~, . 'COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CLINT D.CAREY VS File No. 01-6805 FOREMAN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: ALLYN G. PERKINS.D.M.D. (Name of Penon or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: <:1<1< A'T''T'Ar.HF.D at MCS GROUP INC.. 1601 MARKET ST., #800, PHILA..PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of 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 subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JEFFERSON J. SHIPMAN. ESQ. ADDRESS: 320 MARKET ST., PO BX 1268 HARRISBURGM PA 17108 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: Dl'.FRNDANT DATE: ~)~ \ ~, 19 d/Y.J.. , Ion BY Seal of the Court i':{~~j:!)f''1~ ,r.-, ~'~, , .~ --',"- " n" ,'" ",.- , <.~ ~ ~ - - EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ALLYN G. PERKINS. D.M.D. 300 SOUTH HANOVER STREET CARLISLE, PA 17013 RE: 92243 CLINT D. CAREY INCLUDING ANY AND ALL DENTAL RECORDS, REPORTS, CORRESPONDENCE, AND DIAGNOSTIC TEST RESULTS. Subject: CLINT D. CAREY 6 COUNTRY VIEW ESTATES, NEWVILLE, PA 17241 Social Security #: 173-68-1741 Date of Birth: 08-03-1978 SU10-370826 92243-L04 ~~""~""'--"""r"~ r"_ ^ 'C,,- <., ,-,<,,""'. ." ,,'.^ 'I" __ ,'.'~ ~~" ".[" - , .~ ""m,_ - """''' CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CLINT D. CAREY TERM, -VS- CASE NO: 01-6805 FOREMAN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent. including the proposed subpoena. is attached to this certificate. (3) No objection to the subpoena has been received. and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 05/16/2002 JEFFERSON J. SHIPMAN. ESQUIRE Attorney for DEFENDANT DEll-333573 92243 -LOS ~"~~'j,j!jW/:~r.", ''''',><'''_'''',;1 ,'''',,' ~,~';"~~''''"'',_'_ . .~ ,~I~,',".-', - ~.", " ,-f" " l COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS CLINT D. CAREY TERM, -VS- CASE NO: 01-6805 FOREMAN NOTICE OF Ilft'BIfT TO SERVE A SUBPOENA TO PRODUCE DOCUHBBTS AlII) THINGS FOR DISCOVERY PURSUAIf'r TO RULE 4009.21 CAIlLISLE HOSPITAL CAIlLISLE HOSPITAL DANIBL P. BELY, H.D. ALLYB G. PIIUtIIIS, D.H.D. GJUPFIII SDVICES, IlIC. IIOIlEIIE GOOD , ASSOCIATES KEDICAL RECORDS X-RAY OIlLY KEDICAL RECORDS , DAYS OTHD. 1lKPL01MDT OTHD. '1'0: IlICIIARD A. SADLOCX, ESQ. KCS on behalf of JEPFEIlSOII .1. SHIPMAII, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days frOlR the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is _ived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to KCS or by contacting our local KCS office. DATE: 04/26/2002 KCS on behalf of JU1<l!;KSOII .1. SHIPMAII, ESQUIRE Attorney for DEPEIIDAIIT CC: .JEPFEIlSOII .1. SHIPMAII, ESQUIRE - 22740-1219 Any questions regarding this matter, contact THE KCS GROUP DC. 1601 KARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-18SS63 92243 - C 0 1. 't:"iJ.:~)~r ~,l..,. ~~ ," ,-~(.=p, " , , :~ --""""J~ :', , ., "-' ~ - "" ".-"' "W~"Wi~~ . COMMONWEALTH OF PENNSYLVANIA. COUNTY OF CUMBERLAND CLINT D.CAREY VS FileNo. 01-6805 FOREMAN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: GRIFFIN SERVICES, INC. (Name of Penon or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: <:1<1< A'T''T'Ar.HF.D at MCS GROUP INC.. 1601 MARKET ST., #800, PHILA..PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena. together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of 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 subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JEFFERSON J. SHIPMAN, ESQ. ADDRESS: 320 MARKET ST., PO BX 1268 HARRISBURGM PA 17108 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT DATE: {JJ~l \ /9, :2(Vl2_ '--- Seal of the Court . .' ,-"~-,,,~ , .1"." 1 ,~,~ " .";' .~, , " ~ l",~ ~ ~ J EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GRIFFIN SERVICES, INC. CARLISLE ARMY WAR COLLEGE CARLISLE, P A 17013 RE: 92243 CLINT D. CAREY INCLUDING WORKERS' COMPENSATION FILE, TIME & ATTENDANCE RECORDS & PERSONNEL FILE. Any and all employment records. files and memorandums, compensation, time and attendance records. personnel records, payroll and salary reports and all medical records as an employee. Dates Requested: up to and including the present. Subject: CLINT D. CAREY 6 COUNTRY VIEW ESTATES, NEWVILLE, PA 17241 Social Security #: 173-68-1741 Date of Birth: 08-03-1978 SUlO-370828 92243 -LOS ;"i~i~)~:, ':^'~".~':'" ",,",'~'. "'...":,',~. ,c..,,.;,...,,,- ,1< CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CLINT D. CAREY TERM, -VS- CASE NO: 01-6805 FOREMAN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent. including the proposed subpoena. is attached to this certificate. (3) No objection to the subpoena has been received. and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 05/16/2002 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DEll-333574 92243 -L06 ^',~':'MilB<\j~_ .~"- ".;l,~<<",,' "~~"r .."T" - ".,.I"'''''''~ - ~ ~~',- ,". ~",."...~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS CLINT D. CAREY TERM, -VS- CASE NO: 01-6805 FOREMAN NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND TlIINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CARLISLE HOSPITAL CARLISLE HOSPITAL DANIEL P. RELY, H.D. ALLYlf G. PERKINS, D.H.D. GRIFFIN SERVICES, INC. lIIORElIIE GOOD & ASSOCIATES MEDICAL RECORDS X-RAY OIlLY MEDICAL RECORDS r. XRAYS OTHER EMPLOYKEllT OTHER TO: RICHARD A. SADLOCK, ESQ. KCS on behalf of JEFFERSON J. SHIPKAlII, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to KCS or by contacting our local KCS office. DATE: 04/26/2002 HCS on behalf of JEFFERSON J. SHIPKAlII, ESQUIRE Attorney for DEFElIIDAIIT CC: JEFFERSON J. SHIPKAlII, ESQUIRE - 22740-1219 Any questions regarding this matter, contact THE HCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-185563 92243 - C 0 1. -",j':'.''''iT.'%W, ,,~-~,,"~-'''';'' ".'0;'"", ,~",,-, " ,~~, 1.- .." ::- ",,,. -"'v,e.\'#'j,"j'l;!1"j . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CLINT D.CAREY VS FileNo. 01-6805 FOREMAN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: NORENE GOOD " ASSOC. (Name of Penon or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: <:1<1< ~ 'T''T' Ar.HF.D at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 (Address) You may deliver or mail legible copies of the documents o[ produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the [easonable 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 subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JEFFERSON J. SHIPMAN. ESQ. ADDRESS: 320 MARKET ST., PO BX 1268 HARRISBURGM PA 17108 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT DATE: ~6',l Itt . .~3-... - Seal of the Court ".'.-,- '<,"1, ',", '."<'1"'" ""',. . ,'t,,- ., ;'" , ~-~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: NORENE GOOD & ASSOCIATES 50 BROOKWOOD AVENUE, #3 MASSAGE THERAPY CARLISLE, PA 17013 RE: 92243 CLINT D. CAREY INCLUDING ANY AND ALL MASSAGE THERAPY RECORDS AND REPORTS. Subject: CLINT D. CAREY 6 COUNTRY VIEW ESTATES, NEWVILLE, PA 17241 Social Security #: 173-68-1741 Date of Birth: 08-03-1978 SU10-370830 92243-L06 ',<:jff??~"""~~ - ~ , , ' ". < -..- 'I" ,,' ~ ",~ ".~~, . j~L IomJlll!Mn ~ ","_ ll_~~ ~' ,^.",., I~' ; .~ ",:'1-='" "~",:" ,",,";',W_" "@10~'"'~t:""'i2:idl"",e,~"''';.,l'~ "..,'-'1'-H .. "'~"-'-<ar',";'''''''~'''~''~' '~'~""mir'.:'"\."':\..~i.1:5j?':<!{ iir o c: <::- ~~fTJ L": C-- ~'\j S' 0 r' ',_'J ~. ''0 C;) "'.! .") ~l --I ;;;:'" ;..'; ,....) -t'~~.. "_"'., ," ~",",~:F.n:-H"'ii"h~;f"F;"~W:",C(.,,,,WWp,ti'!i~~!!'Ii"$~~~~\\lb),;jf-{q~.\~;,c~~~~~~!II". ~ ~~ ".'~""~ PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (X) for JURY trial at the next term of civil court ( ) for trial without a jury CAPTION OF CASE (entire caption must be stated in full) ( check one) v, ( ) ( ) (X) ( ) Trespass Assumpsit CLINTON D. CAREY and AMANDA CAREY, her husband Plaintiffs Trespass (Motor Vehicle) Other JEFFREY W. FOREMAN, Defendant The trial list will be called on August 13, 2002. Trials commence on September 9, 2002. Pre-trials will beheld on August 21, 2002. (Briefs are due 5 days before pre-trials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 314-1.) No. 01-6805 Civil Indicate the attorney who will try case for the party who files this praecipe: Richard A. Sadlock, Esquire, Angino & Rovner, P.C, 4503 North Front Street, Harrisburg, P A 17110 Indicate trial counsel for other parties if known: Jefferson 1. Shipman, Esquire, Goldberg, Katzman & Shipman, 320 Market Street, P.O, Box 1268, Harrisburg, PA 17108-12 This case is ready for trial. Date: July 17,2002 Signed' Prin ame: Richard A Sadlock, Esquire Attorney for: Plaintiffs 248234.11RASIMLB ,.,-",~Pi."'C-;";I"~ ~~~ 'r- . r ",.-'l'~'""= - ~\,,~,!",.'1""'" mJ~lJfr _ ,...",.",..,J,lUl1flW'l ,,.... ,rrJmf~I$~!!1 _~~~ TW9!1~;"-[!l~ ' ~y , 0 ~, C :'<~:' s: L- -i:J-cC ~ " ~[~: r zr- Cl)):> ..c -<:-z- (;2C ;:r-;',; ~C; --" ~6 ':"~' - ::t>c ,~ Z :J1 ",-";0 -< :0 -( ,':- -< ~ "\3+1 ~~kl..i-"~~TS<;:['/!;i'''''''F1~'f''''<;::''''' ,p:"".~",,,,(,"..,,,;;:W:',~"!Tti'i::m;:j;s::JjJ;Y4f,o;;'''i'i!Uf''j'\lili*#%~~'~vy--,.s~r , ., . -' ,\'-' .- ~ '~. CLINTON D. CAREY and AMANDA CAREY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. CIVIL ACTION - LAW NO. 01-6805 CIVIL TERM JEFFREY W. FOREMAN, Defendant JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: PLEASE mark the above-captioned matter settled and discontinued. ANGINa & ROVNER, P Richard orth Front Street Harrisburg, PA 17110 Attorneys for Plaintiffs DATE: Q/?--O/67.-. 85191. 1 "'!",~!fT'l ",.,"""^.,,,","'~? ,-.' ~"'" ,!",,":.'~:'f""."',.l.-,.,"o.t>, ,., ',,__C',,'< . . .""+", .,_ ,0 ." " .~,,__ ,,~ .~ ". ,J"~l!'I!I!I!!I"., ,c "H_."..f' '",,,,'" . " "_,~~ ;,\,~~.'t>8"fliJI.!IJIif1,~L "c'" 'C ' "W'"" ",'n '1'1"1 :liiiJ'j11l1iil1i' 1l'nn' "~L',' ,......,,".' ... II . . I ~~II () c: <"' iJ i.-:u rnfTi 2:::;:-,1 ~~T ~~= ~:::... ::;! CJ ~"oJ U) ,." "J o -,1 r...0 o C.11 D &/j if! ;..'[oW,~<~ff~!mlli, ~__{'_ "~~,,:<,';~\,i":'~'-;;',:"'__';'l ',:/-, ,,-,"7,' ,!~,~-:';:-""'4;'~~~rr"