The URL can be used to link to this page

Home My WebLink About01-7246 FX "' , .,r, "1 ", <'~; #9 RAYMOND and LINDA SHAFFER, : Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN W. GRIFFIN, Defendant NO. 01-7246 CIVIL TERM PRETRIAL CONFERENCE AND NOW, this 20th day of August, 2003, before Edgar B. Bayley, Judge, present for the plaintiffs was Daniel Stern, Esquire, and for the defendant, Girard Rickards, Esquire. Trial counsel for defendant will be Donald R. Dorer, Esquire. This case involves an automobile accident that occurred on October 15, 2000. Defendant crossed into the oncoming lane on the Holly Pike striking plaintiff and going on to hit three additional vehicles. While defendant has testified that he is a lifelong diabetic and believes he was experiencing symptoms resulting from low blood sugar, the defense has no expert testimony on the issue of liability. Plaintiff incurred a knee injury for which she seeks general damages including medical expenses over the $10,000.00 paid by her insurance carrier. Estimated time of trial, J) Daniel Stern, Esquire For Plaintiffs Girard Rickards, Esquire For Defendant prs 't ~~~~~.~~~j@ft<iliif!!;;,1~l~~~~I'''''"''r ,dLI,J]~",,, ~"_."",... _" "" ,~=,~~.~""''''~"~' ,~;__,~j""''''4nw.,,,~,,}~1,UJ.!U,I, ,,~,""""' ,~ 0 ~, ~' ,-~ _,,> ,,,,,,,,,",__,c",,'" H_~~"~" "~~,r',~, ,,""-' _ ''''''';'o/",~-,,,,,,,,,,,,,,,,, . Q S2~" ;::::-.t (j) .' ~<-,:', ~2L .~~ --c: "!~ ,:;~5 i"'~ f,.'..) .":,1 ", ,~ ". ..' -'~l " . ~~'.' 5J C< ~ ,:::1 .,_1 ~~"" ~ '^ . 1....-1 c' ,,~' ___ _,,'. _,:,.", ',,' >^-~',Jt;<kffilfuL ' . 02HB-00049 AUG' 1 5 Z003 p- LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avellue, Suite 503 Camp Hill,P A 17011 TelephoneNUlIiber: (717) 731-0988 Attorneys for Defendant John W.Griffm RAYMOND AND LINDA SHAFFER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 01-7246 CIVIL TERM JOlIN W. GRIFFIN, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED PRE'-TRIAL CONFERENCE MEMORANDUM OF DEFENDANT JOHN W. GRIFFIN , I. LIABILITY: This lawsuit arises out of a multi-vehicle collision occurring on Holly Pike (SR 34) in South Middleton Township, Cumberland County, Pennsylvania on October 15, 2000. The police accident investigation report is attached hereto as Exhibit "A" for references purposes of the Court. The Defendant, John W. Griffin, was operating a 1984 Oldsmobile Royale in a generally southbound direction on Holly Pike when, due to a lifelong diabetic condition, became disoriented and traveled in the northbound lane of travel resulting in a collision with a 1997 GMC Sierra, with attached horse trailer, operated by Plaintiff, Linda Shaffer, in which Plaintiff, Raymond Shaffer, was a passenger, with collisions with two other vehicles thereafter ensuing. 1f ",,1',1; -'0;;,,,,,-- --"klf~~..;;rltti,,,,,,,,~ II. DAMAGES ISSUE SUMMARY: The Plaintiff, Linda Shaffer, is claiming the sustaining of various bodily injuries, chiefly a left medial meniscus tear and aggravation and acceleration of minor pre-existing degenerative arthritis resulting in three arthroscopic procedures, as well as a unispacer procedure. Plaintiff, Raymond Shaffer, is claiming the sustaining of various minor bodily injuries. III. PRINCIPLE LIABILITYIDAMAGES ISSUES: Please see Sections I and n hereinabove. IV. PRE-TRIAL LEGAL/EVIDENTIARY ISSUES: None known at present. v. WITNESSES: 1. Plaintiff, Linda Shaffer (as on cross examination); 2. Plaintiff, Raymond Shaffer (as on cross examination); 3. Defendant, John W. Griffin; 4. Dr. Michael Mitrick (Independent medical examination report of February 19, 2003 attached hereto as Exhibit "B" for the reference purposes of the Court) The Defendant reserves the right to list and/or call such other and further witnesses as may be listed by Plaintiffs, including any treating healthcare providers of Plaintiffs, upon reasonable notice to Plaintiffs' counsel. 2 'ID - ".' ""~''''~''h'j~,L",,' VI. EXHIBITS: 1. Records of Carlisle Hospital; 2. Records of Orthopaedic Institute of Pennsylvania; 3. Records of Family Medicine Center of Newport; 4. Records of Central Pennsylvania Rehab. Services, Inc.; 5. Records of Physiotherapy Associates; and 6. Records of Gerald Kruba, D.C. The Defendant reserves the right to list and/or present such other and further exhibits as may be listed by the Plaintiffs upon reasonable notice to Plaintiff s counsel. VII. SETTLEMENT NEGOTIATION STATUS: Settlement offers by the Defendant are pending and will be transmitted to Plaintiffs' counsel in the near future. Respectfully submitted, Date: August 14,2003 By. FICES OF J 6 ASSOCIATES na d R. Dorer, Esqu' Attorney for Defendant Identification No. 39126 3 .'LL. .L ..,,,.,_.1...,.,,10 N 11/ .~ -~ COMMONWEALTH OF PENNSYLVANIA POUCE ACCIDENT REPORT NON ~ REPORTABLE D PENNOOT USE ONLY ". '~~, '., G~rrl'D- ~Ch.l"T\r';~O.'C':"A.;rrO'"""N~:?f;;~:~~::!~f::~~~.>:~ .~, ~:~ -$;":.:.!iI.,=-~_,..I:1;~,'l.-,~~~..... _?~~~..,~ "",'~':-','~~".- :.::.::...-';.>.,:".,' 20. COUNTY dV/"76'::/Z1./f/VLJ C(jO~ 21. MUNlC1PAliTY CODE ~v: 41/.;,;;>, =-V 7'0 2-/(3 PRINCIPAL ROADWAY INFORMA TION / 26. ROUTE NO. OR STREET NAME 27. SPEED LIMIT 28. TYPE HIGHWAY 9. ACCESS CONrROl vC8)ND 12. NUMBER OF UNITS lS. PRrr. PROP. ACCIDENT 17. VEHICLE DAMAGE 0- NONE UNIT 1 l-UGHT 2 ' MODERATE 3 ~ SEVERE UNIT 2 ,,18;1 '-.-' 16. DID VEHICLE HAVE TO BE REMOVED FROM THE SCENE? UNIT 1 UNrr 2 o CD 30. CROSS STREET OR ....,- SEGMEl'rr MARl<:ER /"'1 '1 31. -OlRECTlON FROM SITE 33. DISTANCE WAS IF NOT AT INTERSECTION: /11/JRsl/ OK. 2. DiSTANCE FROM SITE -3 FT. 10 MI. 1 a. HAZARDOUS 34. CONSTRUCTION ZONE o MEASURED 0 @TRAFFIC CONTROL DEVICE ESTIMATED PRINCIPAL B ,& INTERSECTING D , ~ ..;~ ~~ti.;~:~ '~-;:~{~,uNij,ti~'~:~~-t(~~':~~:~::~ :~:~~i;:;~.f,~~t ~1~';~;.' 36.lI:GALLY Y N 37. REG. VD 2.-' ail, TATE PARKED? DO PLATE I. I q Ll Y A 39, PA TITLE Oft' GUT er &r:.'FE "I" / B z'2.8 00 / 40. OWNER !.-1~ RP UNKO / 68. CARRIER ADORESS 69. CITY. STATE & ZIPCODE 70. uSQor # PU If~ 68. CARRIER ADORESS 69, CITY. STA E & ZIPCOOE 70. usoor # ICC # PUC# 72, EH. CONF1G. 75. NO. OF AXLES AA-45 (7/98) 7.0 72, EH, CONFIG. 71. REL -SE'bF HAZMAT 75. NO. OF YON 0 UNKO AXLES 3187510 74. GVWR 77. RELEASE OF H.A.ZMAT' VONOUNKO INVESTIGATING ACENCY ,r ."''', . ,..... ',;. "< "!>...'. t'Jfr ~, XX. REFER' TO OVERLAY SHEETS 0 ~.:; , ~" ~:!~~,' '~i<,,.,.,,,,,,;iJ!tif~,,,,DOl.i C F.D,' ':-j;;.,~,'):....'r'...-;,=" ""-_'-"~l',.0\'~''"!,.,_._....... . 1.INCIO~ NUMBER 2. AGENCY NAME 3. 51 AnON! PRECINCT 5.INVESTi(fA:TOR COMMONWEALTH OF PENNSYLVANIA POUCEACCIDENTREPORT REP013!~LE ~ NON-REPORTABLED PENNDOTUSEONLY . .~,. ...... ~...I.';...~~~.......,.,-~~. ~~ -"~'" . ".,< "CIOENT.";'Luc''',,:,nlll~, ., "'~\'.;i,:: ..'. .;..,,;' ~~;.'t:""h~. ""'~",'."""'''" .... ,,_~f.i.~~......~r., ~. ,'. 'I"'.....,:,,'t..:.r."). CODE 4. PAtROL ZONE IWlG NUMBER "eADGE" '. NUMBER 7. INVESTIGATION 8. ARRIVAL DATE TIME ~,"",:w.,~;Cl-.:?,.~tt..-"!"';~,rr.;''r~';.;'t~.,,~..~~;~=~.i'.;,I~,.,. ~ . $-"~,"'" ~ ~,~~. ;'f::t/-'f,~:If~"'~' "..~kt'ACCIDEN"'r,'IN6.o 10''''', ~,"",,"~~~~. >";' ';i:..,', .," ..;.,J......_.. "..'"~,',.7.. "..c..... ,,,..._ '.,...)''''' ,.:1!~,~k~~~: 9. ACCltJENl 10.0AYOFWE'EK DATE 11.T1MEOF DAY 13. #KILL~O 6. APPROVED Y 4.# l JUREO f2. NlfM8ER OF UNITS 15. PRIV. PRO? Y 0 ACCIDENT 17. VEHICLE DAMAGE o -NONE UNIT 1 1-'L1GHT 2-MODERATE 3 . SEVERE NO ~ 'UNIT2 GJ 19. PENNDOT yON 0 PROPERTY :ff~*~1~~~? ",:?~~~,~~;,:,:,:.,~!~~~tJN'lj,,1t';3~t1~~;zt~~~~::~,:}~~~?~ 16.010 VEH1ClE HAVE TO BE REMOVED' fROM THE: SCENE? UNIT~ 3 UNIT. 4 yL&NO yON[3 yO N [J 3o.lEGALLY Y N 37. REG. PARKED? DO PLATE 39.PA TITLE-OR- 01.J1: or 3-TATt ','It! 40. OWNER 17()),3 68. CARRIER ADDRESS 69.CI1Y. TATE & ZIPCODE 70. USOOT # ...'.,..~ lCc # , pUc~ 7 '-GWiR 72. EH. CONFIG. 75. NO. OF AXLES M..5 (7/98) 77. RELEASE OF HAZM,>;r YDNDUNKD L 3142436 '-~-~-'"'''' .-......-<~------""'---....--.._--_....'.--.,..'.- 21. MUNICIPAlITY CODE PRINCIPAL ROADWAY INFORMA TION 22. ROUTE NO. OR STREET NAME 23. SPEED LIMIT 24,:TYPE 25. ACCESS' HIGHWAY CONTROL INTERSECTIHG ROAD: 26, ROUTE NO. OR STREET NAME 27. SPEED LIMIT 28. TYPE S. ACCESS HIGHWAY CONTROL IF NOT AT INTERSECnON: 30. CROSS STREET OR SEGMENT MARKER 31. OT EcnoN FROM SITE N SEW 33. DISTANCE WAS 32, DISTANCe: FROM SITE FT. MI. MEASUREO 0 @TRAFFIC CONTROL DEVICE o INTERSECTING D ESTIMATED PRINCIPAL D U" ~;:: 34, CONSTRUCTION D ZONE . \?':'~~.;:.~,!'*~~~~~~:tH~~'~: :::.t 38. ;WE UNKO / o 68. CARR1ER ADDRESS 69. CI1Y, STATE & ZIPCODE 10. USDOT # puC # 74, GWYR 72. EH. CONFIG, 75. NO. OF AXLES 77. RELEASE OF HAlMA T yON 0 UNKD IN'VESTlGATINO Af3ENCY ~ . ".._,,, '.'- ~. . , ING EMS AGENCY /14;?, 1<:, p- '; . ICAL "ACn.ITY /'MI In"" II rso:'pEOPLE INFORMATION . ," -_.- ~ ,~. -"~ . ',_. ~'--/J<'BCOEFGNAME ~' , '" 17']-1' '., IW 1ENT#: //O;z.-/I.5.s'70J ..... , .... IAt..vIDENTDATE: /0//.:5/00 ADDRESS fl'-- , J K L M 3 q7 :1- e 9 ( '" C> 6 8 0 C> 'I 9 ." ,fi 0 1 0 '" C> .6 Q C> 'I 9 7 /3 q 1 L/ 9 3 6 0 1 . Nt;) I / In r.<".3 9 0 1/1,P'CZ". #/ 2 / r 50'S } 2 O,Pe<, 112. . . . "" " '. z. .3 tr1 70 3 { 2.. ["'A. ~o , " ,/1> Ai.., A ....."'A 3 / f't} 56,3 { 7- ~e2 #,,:\ ' I ./ 3- 3 r:56.3 I CJ ,~, "1h I"-~ ~- --~, /, ;?, t11J!'-I'-;;"i. /I,f./7,..". -3 "I i" 37..3 I !J LA!.J?/c - '. "':A /?S,n1"77/~' ~. ,CJ n3?'1 (@ ILLUMINATION [2] @ WEATHER ~ 86. OIAGRAM i r @ROAOSURFACED j,. GOI.o';:RA(4 i 84. PENNSYLVANIA SCHOOL DISTRICT .........."..."...........,..../:.."......:.., ..",....",..,..' ......"..?..,,, i "...."..'..,...... (IF APPLICABLE) ; I f , ! ! ~ ". "";.' ! IV-A. 85. DESCRIPTION OF DAMAGED PROPERTY .:5r<3'1 /' z =- LJ4-, L. OWNl1R /1" ",r ADQFESS /',0, (3o,K &24 c:m<u.~u::. ~A- /7D8 PHONE , '''z,'''' 1'.3 ITRL.. c.L , f 0-iJ~ -- ; . i.....'....,-~"......!, , i C'..wUj(L, 60120 . ; / f"//{....C / 7\ 87. NARRATIVE -IDENTIFY PRECIPITATING EVENTS. CAUSATION FACTORS, SEQUENCE OF EVENTS. WITNESS STATEMENTS, AND PROVIDE ADDITIONAL DETAILS. LIKE INSURANCE INFORMATION AND LOCATION OFTOWED VEHICLES, IFI<NOWN. !hli ",<, /- L/ /lYJ /7~ A. -" UAfI,""I"Pk .-v2. A,'" ~/Altr.5 z :3 LI ,uAod SR.':{L/ OIJ~h!:>d ~..~. /7~U1,77"A/ IIAJ"FI> "''':.7Z:.''2L///V. .. ,- !.oK," ".. "T1V/l7~ T. ' ""'tJrJlrfl/'.5R,t'.7-Ir" 11iZotv'f",<;7't<1l6k 7k'c ~ _/ d""CI;'lrtf61, 1'/,(//7-/i / !"/JA/77NI/;"'''''tV n::;; 'W2fKl:- VN'/T~:S ;/(JI7<c 17211/t..D2.... /?;J ITS 41t<<-1r" Ihltr-"I.<;n,;" ./_' , .. /l. e~,~",j ~..~.,.. ,/ 1'Zf.- ,c,/_ur _.fL-/'1f-"o,J/r!f,":! /7" 1~/rrHJ "'~/;;;f--b!.t..,/ ~ ~ ;,k,~/"JC""#4'" t'7~A-)Zv,'.s Z _'" // <i -". It/rn ... '.'''~'' Ar7Ur'" ....v"/.."'>-),-- r,.-,I/<</,..,,.., /'707- 1'7 ;j1 4:;7<. /TLJ~'21. -I'Z A. <::".. =1, <;/1;:- /Io-v" ll/, r /-;;.-, /.-.r;rn _ / 1'",,1/ :/) COMPAN\.? I<.I/.or . : - PO~~Y _.. ""'//1101 .'- ~: J, I. ~ _ ,.. /2. 88. .vr.. , WITNESSES ~~.,.. "r~71Mr;//7 If 89. VIOlA ,luNS INulCA' "" ' ; . oA A.. "'=," / Idk \, do" /""",-,,"- - /?,.~- ~ -,'~... n./~ /.....,...... INSURANCE INFORMATION u~n 1 INSURANCE COMPANy INFORMATION ',: SI",:z..gv UNIT POLICY I'} cJt/O /07 7 2 NO 1\ ' ~ 1l/1, JI1r,:;~~ Sou ~A/ 7/7 ~~~: '/.......... //AA1JD~YA-/7..31/ 717"WP:~N"o271 I . " IW' ~oC IlON NuMBoRS (ONL de CHAKGoD) TC N1C I j; UNIT 1 A Z . ""otoJRot'l1:](,.kJu..< / - = - UNIT' III"rJt:" .. - ~t. R08AElLE 92.)TYPE 93.lRESULTS. .=NOTEST~" PROBABLE , USE I~ TEST ~ 0 REFUSE USE UNIT' () 0 O'__%OUNK UNIT2 0 DD ~ '00 92.)TYPE r----'TEST o ~RESULTS i2Sl!"OTEST o REFUSE 0.__0/00 UNK 94.1NVESTIGATION COMPLETE ? YES .i8I NO 0 M-4S (7198) . , 3187514 PAGE: .......:3...... INVESTIGATING AGENCY i _.....x__ .., . ._-~. ------~-----------_.. ""--- "'<' v'.., ";. :'" , I V ';. ONDING E:MS AG<NCY r IN~IDENT #: ///J,J p 11.55"7 t13 E:OleAt. fACilITY ACCIDENT DATE: :~EOPlE INFORMATION BCOEF G NAME ADORESS H I J K l M ,~ c; /11 8 3 ( 0 ~, .~-,' -.~ .= I"" LJ_. - .4.' 17.3&'7 t./ I M 'III 3 / A. #1,1 .I .. 0 'I 3 r l3;i .3 J 0 k'l<~. ,k'~(,.u I"" M.,. AA 17...."" J" t2. / .,.)/, J I' 1 I (@ ILLUMINATION D @ WEATHER D 66. OIAGRAM 0 @ ROAD SURFACE D 64. PENNSYlVANIA SCHOOL DISTRICT (IF APPLICABLE:) , 65. DESCRIPTION OF DAMAGED PROPERTY - OWNER ADORESS .'"""" ,.."",. " ,mm." PHONE , I i - , 87. NARRATIVE . IDENTIFY PRECIPITATING EVENTS, CAUSATION FACTORS, SEQUENCE OF EVENTS, WITNESS STATEMENTS, AND PROVIDE ADOITIONAL DETAilS. LIKE INSURANCE INFORMATION AND LOCATION OF TOWED VEHICLES, IF KNOWN. tYJ" " ,.,.,- 7?:> <" ,._- ~', "" ,- - . . ,,,.. u'/,~ ,?j.">7 ".,.a.-:>> t!:.. .?~ / " " ..-.? IN- .lit"", (u,J/7- tf.? )- liX "AL/._ vr ~ </"",1(. ~ /I, ,. I A>J/17lk>./-t/NIT Ii I :z;?A,A :n.Ir/J. U /J. . 'rlA.'UTJ ( 11/..,. / '<;Inr. A- A. <;:n1, J/ 1/ HUM, /I~ 1!, Ii t! .In,.,,,...,, //e."::I. ,.....".,YJ /dTV 77/.r, <:,/2 I - I. hl,U, -.,..., I~~.'" 1.Jvl,rr/ ,h 17 ~r:;'Jkr~ " ~:::~ . ILItTI'II-?<I/H ,.~;.7~,......".".,-' . A ' 1/1_1/, , rrtt: I . . /.."" J'l1,},'. ~/_,cv.'l. ~C VtV(lA,1U".1 r IJ1);/tf...j II........ A._ J _../t.y), >~ V_ A, O.I.4TJ 'TIJL- A_ J.~ 1/) "J'A70~ 17hf"-, .-1__. A. ~ /},,/ITTf I .l/A,IJ. _. '-,A. ~ A A, I._.~~IJ_'''''''' / /L/f{ /t:2.- IJITt!/f;'".--;z,< J:'1'YJ17, ~ " T /.. ,~- ~ JJ/h?J1/EiZ. ,0......1""" u.' - , r:(J,.J'lh INSURANCE: COMPANY 'Ie: INSURANCE COMPA~ INFORMATION 0<1- INFO;'-MATIOM '/ICJC I'lA/c.. ptvrv/IL U':T3 POLICY Q c)'1r9 7009.'::{';; II UNIT POLICY o:x::> 0 NO . 'i NO 173, 'V NAME _ ADDR SS PHONE - 88. PHONE --- WITNESSES NAME ADDRESS - 89. IOLATIONS INDICATED 90. SECTION NUMBERS (ONLY I> CHARGED) TC NTe .'~~': uNrr.2 Iuh. IP- DO UNrr." NOrJE: _. DO ~ROBABlE ~TYPE ~RESUlTS ~TESTFROBABLE ~:rvPE ~RESULTS .ll<:tNOTEST 94.1NVESTIGATION USE TEST REFUSE USE TEST o REFUSE COMPLETE ? UNITI tJ () 0.--%8 UNK UN.[' 0 " 0'_-%0 UNK YE:S-Rl NO 0 Z. .J ',- ", ,~ .-1', >1....'~ ~""'"',M,j'~~:" M-45 (719B) 3187513 PAGE: ......!:L- INVESTIGATING AGE:NCY ,,~ '. ~-A":c.~,'::;Yc. 'IOMM~fNW'ti1Lij-lOFi?ENN~YtVANf)1 @:t~,., "PAR"ebNTfi.jUATtON ~ifEEf ' ,. (xX:) REFER TO OVERLAY SHEETS ",',. ". .::REt6h'VA1lLEJ8'~ON~R'~po~fAi3i.:EtJ ' INc:;IOENT.LJ _ I~<";ii.-' ';;;~:~~'i;e':;nAccloENT ~I . /. ,ICOUNTY NUMBER 1'7~ /tV;$' A:;'~>_,,,,,,,,-..,...,_. __IOATE_....../.17.1'/'S ,.do '. ICOOE OJ/ 1(80) PEOPLE INFORMAnllN - U~li,O:'{E~';I ~ SHEET FO,R COOES I IX B C 0 E F. ,'G"'NAME".._~-_.."'-'_" AOORESS .,,', h '. I' ~"", ~.J':::..: ,",.. ~.".,. ,I < ., '?>:t;: ..,.",- ", 0' "~,, '" :..- ~' ~ -," , -iil!....i<;.i&~ioi-,,,--: ," ~~N\I'Iiiil''''':''~ , PENNQOT USE ONLY I ~g~~CIPAl 2/.3 H I J K ,> i ~~;:I_~,:,( ;- . , ".._.1 "f-orL. ., l M ; ..J , '. .~, '1-";., . . ";-.':; :~~ ;t~1;. :", ::.~'~~~:?(~:':;;:~ft!;~tH~~:;'~~ :'~::~ ,;'~~'-~~j:~.. .. i. , ",,::.: ,. 67'~:rrk'n: loiJJ'mtJW~~;J";"""/nw A.;;'''''O;(C 7P .-NDe. #/:s ~.f1/6i..t7~V.f/C/-9,.i1 LJp ,,'~ 'YU: I~? "filJi;?~",~;.,;, ffj~',q EJ;riAt:nC.AIs/<!)~k '. ~)k/l-l4j rd,n i Ibid" .I~idoudi~;i'~;';*~:;;"2.}7i1E::i::?tjJvF~J:e:n i'J#,I/j/tJ;-. ~ :r / W4f VN~-J..;/Id~)~mgd("?1A':';::70'GL '.iJvr;,,'<./"..'.' ii, i I , r ! ...'1 ' ,..'~~::;:~t:~~l'~~-'<" r j I i ': 1.5I.17-bOI'C ~o "&;;;';-#;;::'':3 ; . 9. ' /I1;;/i.fo:.~n Cl~Q; 11/'. tf )l.:7c:? w.oo'7T : I '. f -"J'. ,.::"fl..: :;. " L!", ,;' i i i I " ii, J/,,("''I:/ j'.::;q~~':i)hb.i.te).l,~;;3:.:':...,- __ .. Ii.' '." I " :,:>. /::.'....>~?::.~;~~(.'>.'~:':.'-,.~:::~,.., >'.:;:,~~:.:,". ;,. ".' : t! i "":'."':':"".' i I ! ,,' ':. i ! I , i :'-' ". .. j I I : . ~~ . .'. . I I ! : . I 'I . ';;.' :1' . .'" ,. 'i 1 . , , i i I , ;--ild":~ ". .. .. .. . ~''?o..-i;:>: ",:-, ';,:-.: , .. ~. .....,-.... '..,-- ..,'...' ,.' "~'~ . ....,; ,,' ':'""1'..,.....".".;',.. " 'I .. , I .'" " I I ,,,,(:"';~~'" -. '. ..... ~, ., ~, '1, .;.. <. '.,. ,..;, ,,:.:,.. . " . ,,' "," .., ; , . , " . . d' .,t. . " , .., ,~:;:- ,~, ....... t. : : ..~., ....' ~ ;', ~ "'~, -'.: ~:, j ;, '. :' ; :<'f~~ ..... '-".'. ~ ." ..,',. " ._,\ .1.. ;:,;:.;:~~>. :'~": .....' . 'i ~ ~" '<".,' '" , I ! i I '."'. , '1 , .. " : ~~:' r.~ ::l. , . I'" . 'J I , I . _~ .,;.::~ ',,.~~.~:..: _.~,~J..,,~~";.;,_,:~~~:~;,:;: ,:~:: :" ;::,.., ',-, "':~,,,,.,, ,,'. ., ..~" ."'" ','.,,'.' .' "'.,..'./)"..['::..:"'.", :.',: . .. (\':,'~<~!::.',"':<.:' ,...;,,.~'~:.~~:,. -'.. "-'-, --...': " ...'..,..L..,.i..! ',.:-,?';, ,;,' , ' , .', ..:., ,,,I:. ,., ..., . . " ..~.:.""'.,;.,/.,;:'.',r.'..;.i ,.....,.",' -,;.", . .r~', ..~,,~"'.r !~'~'"'-':"'", ,J.......... '::"~~~":~',f"" ',' .kf~;" " , i ',', .,' ., UNIT1 89. OESCRIBE VIOLATIONS , 90. SEOTION NUMBERS (ONLY IF CHARGEO) , UNIT 2 ,,'" .. .,LV'~'''~~,:..............:;..,,~~..,.:,'__,,~'' . , ~.81. PROBABLE ',9~,),::r:yPE, . 93.) RESULTS O'NO.l,..E,'ST..,.8,l. pROBABLE' , USE, ~.:rEST, 1'-".' ,.' 'C:!yREFUSE ,.".i" ~SE , UNiT; ,,' . ~," 0., _% 0 ':UNKu~Ii:'2', ' , AA-45C(11195) ,', ' '. -:"~"J., ~~, i .~;J..t ,~.i i " i , I I '! , i I I I I ! I I I I I , , , I I I , ! , i . I TC NTC , , 00 i o 0 i I 82~ TYPE '" ' 93.) RESULTS 0 NO TEST 94. INVESTIGATION I'-" TEST. 'I'-", 0 REFUSE COMPLETE? 0'_-'-%0 UNK YESl8l NO 0 PAGE, . <: .~ INVESTIGATING AGENCY ~~" ~- " ',' - , ,~<, . '"UW__~'''''t~'';:M. MICHAEL F. MITRICK, 0.0, LAWRENCE $, POLLACK, D.O. CHAD M. RUiTEll, 0.0, JAMES J. GILHOOL, D.O. PM&R February 19, 2003 ~Mitrick Pollack Orthopaedic Associates 1750 Fifth Avenue Suite 201 York, Pennsylvania 17403 (717) 848-2297 FAX (717) 848-2941 Attorney Donald R. Dorer Jacobs & Saba 214 Senate Ave. Ste 503 Camp Hill, PA 17011 Re: Linda Shaffer SS: 194-42-7950 Independent Medical Evaluation Dear Attorney Dorer: On February 19, 2003, I saw Linda Shaffer in our office for the purpose of an independent medical evaluation per your request. She was seen between the hours of 4:45 and 5:30 p.m. In addition to your introductory letter, medical records were present. These included: 1. Carlisle Hospital. 2. Family Medical Center of Newport. 3. Physiotherapy Associates. 4. Dr. Gerald Kruba. 5. Orthopedic Institute. 6. Vehicle damage photographs. 7. Police accident investigation report. 8. Transcription of the deposition of Linda Shaffer, dated July 31, 2002. Linda is currently 53 years of age. She is 5 feet 10 and weighs 285 pounds. She is an equipment operator for Penn DOT. She has worked there for about nine years. She drives a dump truck and occasionally a front-end loader. She does not smoke but occasionally drinks. She is left.handed. She is allergic to penicillin and various x-ray dyes. She is on multiple medications. These medications include: 1. Tamoxifen. 2. Prozac. 3, Provera. 4. Clonidine. 5. Enalapril. 6. Zyrtec. 7. Buspirone. 8. VioJO( 50 mg daily. Past surgeries include a right breast lumpectomy on August 31, 2002. Unfortunately, this turned out to be cancer; and she is currently taking tamoxifen. She has had an appendectomy and left orbit surgery. She has had a tV(o-level cervical laminectomy. She has had two arthroscopic surgeries by Dr. Jason Litton. The first surgery was on December 26, 2000, and " 0\\\\3 ~1C\.\l- ~ " .. -" ,~" I'~' ," '~"".",, '>-f' ~~~'" Re: Linda Shaffer February 19, 2003 Page 2 the second arthroscopic surgery was on October 9,2001. Finally, she had a third left knee surgery. This was performed by Dr. Richard H. Hallock, M.D. At that time, he performed a unicompartmelital arthroplasty of the left knee with a Sulzer unispacer. She states that her medical problems include breast carcinoma, depression, hypertension and asthma. As you are well aware, she was inVOlved in a motor vehicular accident on October 15, 2000. She was driving a horse trailer. She was driving a GMC pickup truck. This was a four-door dually. She states that another car came at her. This car was on her side of the road. She had to swerve towards the oncoming traffic lane. She was struck on the passenger's side. Apparently her husband was a passenger. The car struck her vehicle on the back half of the passenger's side and also hit the horse trailer. Following the accident, she was seen at the emergency room at Carlisle Hospital. This was on the same date of the accident, on October 15, 2000. As you are aware, both knees were tender. The right knee had a full range of motion. The left knee had tendemess over her patella. There was also some edema. X-rays were basically normal with probable degenerative changes of the anterior and medial left knee joint There was mild sclerosis along the medial tibial articular surface, which could represent a compression injury or a chronic stress reaction. After being seen by her primary car physicians, she was referred to Dr. Jason Litton of the Orthopedic Institute of Pennsylvania. He saw her on December 6, 2000. 'He felt she had marked tendemess along the medial side of the left knee. There was some clicking of the knee. An MRI had been done prior to Dr. Litton seeing the patient This was done on October 27, 2000. The MRI stated that there was a small amount of fluid in the joint The menisci were basically normal, with no evidence of a meniscal tear. The cruciate ligaments were unremarkable, The articular surfaces showed no major cartilaginous defects. Despite this, he took the patient to surgery. This was on December 26, 2000. The operative report was relatively brief. It stated that she had a tom left medial meniscus. It also stated that there was an obvious tear. He did state that the Patella had,some mild degenerative changes of the lateral patellar facet He stated in the medial joint there was a small area of degenerative disease. The meniscus showed an obvious tear of the junction of the lateral and posterior thirds. I did review copies of the photographs taken in the OR. I could see the meniscal tear but not much else. The copies of the photographS were of poor quality. She did well postoperatively for a short period of time. She did have a negative ultrasound for a DVT. Unfortunately, her symptoms came back. She continued to see Dr. Litton. She did go back to work. She ultimately had a second arthroscopic surgery. This was done on October 9, 2001. I do not have a copy of that report. I did find one report which stated that the diagnosis was degenerative joint disease of the left knee and that Dr. Litton had done a left knee arthroscopy with correction of the internal derangement Dr. Litton eventually referred to Dr. Hallock, who did a spacer arthroplasty. At this time, she still has left knee pain. She states that she does relatively well on a flat surface. However, stairs are very difficult She complains of nothing else. She absolutely denied any prior problems with the left knee. She had never seen any physicians for any knee problems to the accident I did not review any imaging studies. -n '>"',", " ""'''1'"''' '~ ~ ~"';";;';~~J__il?"".J'; Re: Linda Shaffer February 19, 2003 Page 3 I examined her. She was very pleasant and, I felt, cooperative. At no pOint did I feel that she was trying to deceive me. She was examined in front of my office nurse, Margaret I stressed prior to examining her that if she had any problems, she was immediately to fet me know. I started the examination by having her walk. I felt that she had a normal gait On a flat surface, she did walk rather well. She was unable to do a deep knee bend. Her legs appeared straight, and I did not appreciate any evidence of varus or valgus deformity. I next examined her back. She had a straight spine. She had absolutely no tenderness in the neck or upper or lower back. Pelvic rotation was negative. The shoulder and iliac crest heights were equal. She had absolutely no back complaints. I had her bend forward, and was able to touch the floor with the tips of her fingers while her knees were extended. She extended 30 degrees and rotated and laterally flexed to 30 degrees on each side. She had excellent spinal motion. I next had her sit In the seated position, she was able to bend forward so that her neck flexed to 45 degrees. Her chin was within two inches of her chest She did not extend. She laterally rotated to 60 degrees on each side and laterally flexed to about 40 degrees on each side. She had no neck tenderness. She absolutely had full range of motion of the shoulders and elbows, as well as her wrists and fingers and thumbs bilaterally. Grip strengths were excellent at 90 pounds of force on the right and 85 pounds of force on the left. She had excellent radial pulses. She has normal reflexes in the upper extremities and normal strength. In short, she had absolutely no problems in either upper extremity. As far as her lower extremities were concerned, I next had her lie down. Fabere test was negative bilaterally. She had at least 50 degrees of abduction on both legs. Straight leg raising in the sitting and supine positions was negative. In the supine position, I did examine her left knee. The anterior and posterior Drawer signs were negative. She had a well-healed midline incision, which was about 7 cm in length. She had some right medial joint line tenderness. She had excellent motion. She moved the left knee from zero to 115 degrees and the right knee from zero to 110 degrees. She did have some minor patellar crepitus on the left but not on the right There did not appear to be any swelling about the left knee. The collateral ligaments were absolutely intact In the seated position, the patellar and Achilles reflexes were normal. Straight leg raising was negative. She had excellent extensor hallucis longus strength, and I noticed no tingling. She has no sensory changes. This basically completed the examination, and I thanked her. IMPRESSION: 1. Linda Shaffer is a 53-year-old Caucasian female who on October 15,2000, was struck by an oncoming vehicle in the passenger's side. She was in a GMC four-door dually pickup truck. She states that the left knee twisted The knee did not hit the front of the vehicle. She denied any prior problems. She ultimately had two arthroscopic surgeries. The first was done by Dr. Jason Litton on December 26, 2000, and revealed a tom left medial meniscus and some degenerative changes. The second was done on October 9, 2001, again by Dr. Litton, and revealed degenerative changes. At that point he referred her to Dr. Hallock, who did a unispacer. ~j - ,'," .. , , " ~. ,~~ ,",' , ,';-,-, _iioicl>o;""",,,,,,,,,",; Re: Linda Shaffer February 19, 2003 Page 4 IMPRESSION (CaNT D): 2. At this time, she is doing extraordinarily well. She does have some pain in that left knee when she tries to climb stairs. However, on flat surfaces she does well. She is working full-time as a Penn DOT heavy equipment operator. She does take Vioxx 50 mg daily for her knee. 3. X-rays taken immediately following the accident on October 15, 2000, revealed some probable sclerosis, which could have been indicative of some degenerative changes. Dr. Litton's first surgery revealed some degenerative changes, but it is difficult to say how much degenerative change was present in that knee. However, the patient never did well following the accident and continued to worsen to the point where she required the spacer arthroplasty. The MRI on October 27,2000, less than two weeks following the injury, was somewhat unremarkable. It was my impression thatthe patient had little symptomatology prior to the accident. I believe that there was most probably some degenerative arthritis already present. I believe that ultimately she would have required a unispacer, and she may ultimately require a total knee revision. However, I do suspect that the accident did hasten the advent of her symptomatology. The above opinions have been rendered within a reasonable degree of medical certainty. If you are in need of further information, please feel free to contact me. . f; ~;tn ~ MFMlslb DICTATED BUT NOT READ T: 02120103 'Ji;j , I --"~<< ' .", " ~~, "'~-~-~,"" , 02HB!00049 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant John W. Griffin RAYMOND AND LINDA SHAFFER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 01-7246 CIVIL TERM JOHN W. GRIFFIN, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Pre-trial Conference Memorandum of Defendant John W. Griffin to be served by regular first class mail upon: Daniel Stern, Esquire 2650 North Third treet Harrisburg 1 0 J Date: August 14,2003 Donald R. Dorer, Esquire Attorney for Defendant ,it; , I' fj) '<<I - ~ '-~,~',-, .o..ti>~"" o AUlJ 1 4 2003 If RAYMOND AND LINDA SHAFFER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. : NO. 01-7246 CNIL JOHN W, GRIFFIN, Defendant : CNIL ACTION - LAW ;ci PLAINTIFF'S PRETRIAL MEMORANDUM 1. Statement of Facts as to Liabilitv: On October 15,2000, Plaintiff Linda Shaffer was driving a 1997 GMC Sierra Pick-up Truck and pulling a horse trailer in a Northerly direction on Route 34 on the Mt. Holly Pike. Her Husband, Raymond, was a passenger. The Defendant, operating a 1984 Oldsmobile in a Southedy direction, crossed the center lane striking the Plaintiffs on the passenger side and going on to hit three additional vehicles. The Defendant had been observed driving in an erratic fashion from the Center of Carlisle to the site of the accident. The Defendant testified that he is a lifelong diabetic and believes he was experiencing symptoms resulting from low blood sugar. No physician has verified whether or not any medical condition caused the Defendant's erratic driving behavior. 2, Statement of the Facts as to Damages: Before July 15, 2003 Plaintiff, Linda Shaffer, incurred $21,467.82 in uncompensated wage loss for the injury and surgeries after receipt of $5,000.00 first party wage loss benefits. She is a heavy equipment operator for PennDot. Additional wage loss began July 15, 2003, following a 4th surgery to her injured left knee. She is currently losing income at the rate of$13,95 per hour for a 37,5 hour work week, and her date of ability to return to work is not known at this time. Property damage in the amount of $6,690,00 was previously paid by Nationwide; outstanding replacement vehicle expense of$I,553,OO and mileage expenses of $250.00 has not been paid. Excluding the current (post 7/15) wage loss, the uncompensated .J v,. , ~><,,', , , .j]!.:;:; < "'I' "" : ~,"" "'",',',' - -,"_,__0-;.;--- i;,'C, "."1" 'f"',_:,"; special damages equal $23,270.82. In addition, there is a potential HealthAmerica lien for medical expenses after Linda exhausted $10,000.00 in first party medical benefits. Excluding the potential subrogation lien for medical expenses, but including first party medical and wage loss benefits, the property damage previously paid, and the pre July 15th wage loss, the actual special damages equal $44, 960.82. Plaintiff receives the right to amend this figure to conform to the proof at trial. Counsel is making every effort to get information about the existence and amount of the Health America lien. Linda Shaffer's damage claim includes general damages for her past, present and future pain and suffering, inconvenience, loss of life's pleasures, and disfigurement as to the scarring resulting from surgery to her knee; and future medical expenses. Plaintiffs took the trial deposition of the treating physician, Jason Litton, M.D., on August 11,2003, and he testified that Linda may need a total knee replacement which would result in medical bills that he could not quantify, and an uncertain period of loss of future employment. Raymond Shaffer has no special damages and his general damage claim is limited to the several days and weeks following the accident. Loss of consortium was not pleaded but, both Plaintiffs testified that Linda Shaffer, because of the injury to her knee, is unable to perform the customary household duties including caring for the animals maintained by the Plaintiffs. Plaintiffs seek to Amend their complaint to seek this item of damages. 3. Statement as to the Principals Issues of Liabilitv and Damages. A. Liabilitv - Plaintiffs do not see a liability defense. Defendant testified in his deposition that one would have to ask a doctor as to why his physical condition resulted in loss of control of his vehicle. Defendant has not presented a medical expert and it is the Plaintiffs' position that, absent medical testimony, he is precluded from asserting his medical condition as any sort of defense to liability. B. Damages - There is no genuine dispute as to damages. '--'--f",,""--" " , "~!i:' '41 l'- ';1" ", ,~-,' ,";~" '_f~~' ~ Plaintiff Linda Shaffer went to an Independent Medical Examination by Dr. Michael Mitrick, who found that she had asymptomatic, pre-existing arthritic changes in her left knee, and that the accident accelerated the onset of symptoms. He did not comment upon the tom cartilage which the treating physician, Dr. Litton, testified was the direct result of the accident. Plaintiff has had a total off our surgical procedures, physical therapy, and three injections. 4. Summary ofthe Legal Issues Regarding the Admissibility of Testifmonv. Exhibits. or anv other matter. Plaintiffs do not anticipate any difficult legal issues regarding the admissibility of any of the evidence at trial. 5. The Identifv of Witnesses Called A. The Investigating State Police Officer, Trooper William Lee B. Plaintiff, Linda Shaffer C. Plaintiff, Raymond Shaffer D. Witness, John Warner E. Plaintiff Linda Shaffer's treating physician, Jason Litton, M.D., by deposition (not video). 6. List of Exhibits A. Photographs ofthe accident scene B. Photographs of the damage to Plaintiffs' vehicle C. List of un-reimbursed expenses, including subrogation lien or benefits paid by third party insurer on Linda's behalf D. Medication lists for Linda Shaffer E. Hospital records for Raymond Shaffer 7. Current Status of Settlement Negotiations On March 14, 2003, following Linda Shaffer's third surgery and receipt of the Independent Medical Examination report, Plaintiff demanded $95,000.00 for Linda Shaffer and $5,000.00 for Raymond Shaffer. "i ~~ __0'__'_ ~ 'I ""'V--' , ?:r". "' - , ',,:--',_,'C', ',.,',"-' c V,,-'~ - '~.J . Uoi~', . " The only settlement offer received from the Defendant occurred on August 17, 200 I, in an e-mail communication from the adjuster, wherein Linda Shaffer was offered $22,600.00, Raymond Shaffer was offered $2,500.00. Since that offer, Linda Shaffer has undergone three additional arthroscopic procedures, the third most recently on July 15, 2003, and the insertion of a unispacer into her left knee on April 1, 2002. She has also lost six months of employment for past surgeries and presently continues to lose employment beginning July 15, 2003, as a result of her fourth surgery. Respectfully submitted, Dated: r\1~lo1 <t)~ "~ Daniel Stem, Esquire 2650 North Third Street Harrisburg, PA 17110 (717) 234-4531 Supreme Court ID#25989 Attorney for Plaintiffs ~ " I:, '~- """"'1 "-','-,-':,,',--,'-" -,- " .,'.., '.,,'-'" ,-', ,.;,~-,~~;:} -- RAYMOND AND LINDA SHAFFER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYL V ANlA v. : NO. 01-7246 CNIL JOHN W. GRIFFIN, Defendant : CNIL ACTION - LAW CERTIFICATE OF SERVICE I, Jamie M. Berger, hereby certify that a true and correct copy of the foregoing Plaintiffs' Pretrial Memorandum was served upon the following person by first class mail, postage prepaid: Date: ~ I (~JIJ~ Donald Dorer, Esquire 214 Senate Ave., Suite 503 Camp ~I, I\A 17011 ~~RJ. ~('- Jamie M. Berger Paralegal to Daniel Stem, Esquire 2650 North Third St. Harrisburg, PA 17110 (717) 234-4531 '"~ ,~ ",."_-,,0 ,','~ '."j,"";i,- ". " ,- "~ ,,~ '- (<~i '" RAYMOND AND LINDA SHAFFER 505 Sandy Hollow Road New Bloomfield, P A 17068, Plaintiffs v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA JOHN W. GRIFFIN 1154 Petersburg Road Boiling Springs, P A 17007 Defendant : NO. ()/- 7;)Jffr; ~ CIVIL ACTION - LAW PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue writ of summons in the above-captioned action. Writ of Summons shall be issued and forwarded to Sheriff. Respectfully submitted, Date: \)..\n \0) fj~~ Daniel Stern, Esquire 2650 North Third Street Harrisburg, P A 1711 0 (717) 234-4531 Supreme Court ID# 25989 Attorney for Plaintiffs 'wz. '~1ii*t'*iW;;-~""~"d1'!i',1';;>,,,_~.~ri','''~i " -' ,- "-'Iill::M\W~~~ . ';~~~ ' ("\'\ r ~-fAM1: "",'_' ",""',\!1+" :_:,o,:f""",;[,-w'.*_k~ --...... ~ ~ W ~ "'I Jl{l,___~<""",L, f W ,.: !ln~'p~"'~,~ ."'~.~'~.~,' ' , IJ~:[~~J.l1W", ,.,""". ."-~-~'- ",-li-:j*Mi!lRl~ ~~ ~ ~ ~ ,_,-".r.~"I':]!ilI'iil'''' '~ - ~_HM!II1a1!.-,U ~, ~ ~ ~ ~ ~ ~ \ 'h \ '\. (') a c s:: Cl -00::; r-rt miT~ n 2~' w (f) '7.' ;;5 ~~ ~--'--' v ~-, 3: Zl,' )>'8 ~ z i:'" ~ co h~~."","'"'e~~''' ._~ ,,~ "~ /,~P ..-,._"_~<", ~~"",""'~_ ~"'O";""'_"," ,<: 'I'~,"~'o .:,\ _ ~N~' >, [(W\!7 ~ ~ --,..( ;'.~:i~:Q .[T1 ';7'7" :::::iC) ~~~ ~ :v ~< - , -= .", "'. '" ~ , Commonwealth of Pennsylvania County of Cumberland Raymond and Linda Shaffer 505 Sandy Hollow Road New Bloomfield, PA 17068 VB. Court of Common Plea.< 01-7246 Civil 19____ John W. Griffin 1154 Petersburg Road Boiling Springs, PA 17007 No. I Civil Action - Law n _____________________________________________ To __g9P_~_~"__q,~_f_~~~_________________________ You are hereby notified that Raymond and Linda Shaffer the Plaintiff s ha v"tommenced an action in ___~~yj.l-__~":!=L~'!_:__~~!'__u___________u_______________ against you which you are required to defend or a default judgment may be entered against you. (SEAL) Curtis R. Long .~-----------------p~th~~~~~------------------ Date December 31, 2001 By ------~-iS~ty~7-~---- 19___,_ . - 0-~!~"",,', -I ~~:'.~' .f_' "',"~, -Wj,'~ " ".----''''''<-<'~'rO:j~I,:;);4,~;!'\illiii','''~<~&;,,~,_d,,1,_i,',;;;,-,_~~~:i<tl~iw.t&iiilii'ilfi4iiilf' ~ ' ~~.,..."_,,,"",",,-o J1~li' - , ~ ;"[fl :r: N t'1 (') tl:1 f-' '" :z u.:<l , rl" " ...., III '" g .... 0 f-' 0 ~ o III , rl"'O f-' H u. <: .... u. ::r u.~ , 0 H ...., H 0 .... .... f-' '" ::> , H CIl .... CIl f-' .... tl:1 [fl 0 10 ::> 3 en :z f-' ::> 't1 :0: f-' III ::> 'f-' CIl CIl N 0- 0 ;.. IQ CIl , 0 ::> 0. " '< w " H [fl () r rl" o 0. I...., () '" H rl" rl" rl" [fl CIl Gl 3 '< III 'N '" 0 IIQ ::r CIl .... '0 H H '" ::> .'" :> 0 " '" - H 0 H en .... .... :r: 0. I'" S H H u. >-3 ::> ::> .... 0- '" ~ CIl 0 1(') rl" W 't1 ::r. ::> " '" f-' f-' ,.., j 't1 f-' ;.. .... i IQ H .... 0. f-' .... ,.... f-' H H t'j en IQ ::> . 0 ::> .<: III " f-' 0. en ,.., ~ 0. '.... .... ...., .0 ~ :<l 't1 III if-' ::> "" f-' [fl' .... 't1 0. ;.. :<l I rl" N f-' rl" 1:1 ;.. 0 [fl I .... U. 0 H f-' III ::r I '" '" CIl f-' ...., 0. III I '" co CIl ...., 0 '" I en '" rl" 0 '" '" I 0 co CIl - ...., H <0 l0\ I I Gf', I I t ~1Ef':~E""i,.\1,~-"~~~.~5-.I;1.,,~1IL~~~tbt;;.:,"~_>~,,"~~.~'j),~,,~,~,,~;'f,'-"W:'~_1,ki ld~Jt.:,~,;~I(J.*~\,\t~j,~"~t,,,~,;>.~,:;! ,],;."U;:;'~"J,~~;.;;L ,"~ \ ,(J--; ,._t,r, '; :~:-:J,~,~.U!_!-c~J,>..;Jt~~,~~,,,,,"_ " "~~~,~"",,,,!'~'s>~:r,-c'-'F<'''''WA "_~''''___''',"rr ',~" _ ^" '. "..~." ~, " !J--"'~~~'J',,,,""....'4rJ ' SHERIFF'S RETURN - REGULAR CASE NO: 2001-07246 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHAFFER RAYMOND ET AL VS GRIFFIN JOHN W SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GRIFFIN JOHN W the DEFENDANT , at 1703:00 HOURS, on the 4th day of January ,2002 at 1154 PETERSBURG ROAD BOILING SPRINGS, PA 17007 by handing to JOHN GRIFFIN a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.90 .00 10.00 .00 31.90 r~~~~~~ R. Thomas Kline 01/08/2002 DANIEL STERN Sworn and Subscribed to before BY:S~ 111. Sun Deputy sheriff1 me this 1'1* day of ~"7 cUru;v A.D. ~Q7nJ,i.,~ rothonotary I - , ' "'''~~_~o 0' ._'~'''r.'l-"'~''-"" .'."'- '-','," ~ , , .I' RAYMOND AND LINDA SHAFFER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA v. : NO. 01-7246 CIVIL JOHN W. GRIFFIN, Defendant : CIVIL ACTION - LAW NOTICE TO DEFEND YOU HA VB BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB 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 Lawyer Referral Service 2 Liberty Ave. Carlisle, P A 17013 717-249-3166 o...,,;,i~W:"i ~, I' - ~-, ,~ ,~-"' ' ~ , :, "' ^'''-'";'?w-~h'' '> RAYMOND AND LINDA SHAFFER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA v. : NO. 01-7246 CNIL JOHN W. GRIFFIN, Defendant : CIVIL ACTION - LAW NOTICIA Le han demandado a usted en law corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogoda y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas dernandas en contra de su persona. Sea avisado que si usted no aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE E8TA DEMANDA A UN ABOGADO 1MMEDIATAMENTE. 81 NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DlRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service 2 Liberty Ave. Carlisle, P A 17013 717-249-3166 ~ - _' 1-"- v' ~ " I , . ~ :,,, -- , , ~ .. ~~.,"""."",,~ " RAYMOND AND LINDA SHAFFER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. : NO. 01-7246 CNIL JOHN W. GRIFFIN, Defendant : CIVIL ACTION - LAW COMPLAINT Count I: LINDA SHAFFER, PLAINTIFF V. JOHN W. GRIFFIN, DEFENDANT I. Plaintiffs, Raymond and Linda Shaffer, are adult individuals, wife and husband, residing at 505 Sandy Hollow Road, New Bloomfield, Peunsylvania 17068. 2. Defendant, John W. Griffin is an adult individual residing at 1154 Petersburg Road, Boiling Springs, P A 17007. 3. The facts and occurrences hereinafter stated took place on October 15, 2000 at or about 5:00 p.m. in South Middleton Township, Cumberland County on State Route 34, 3/lOths of a mile south of the intersection of Township Road 479. 4. At the aforesaid time and place, Plaintiff, Linda Shaffer, was driving a 1997 GMC Sierra pick up truck to which was attached a 1986 "Feather Lite" aluminum horse trailer. Raymond Shaffer was a passenger in the pick up truck. The Plaintiffs were proceeding in a northerly direction on State Route 34. 5. At the aforesaid time and place, Defendant, who was proceeding in a southbound direction on State Route 34, negligently and carelessly drove his car over the center line, completely entering the northbound lane, causing a collision with Plaintiffs' vehicle, and causing Plaintiffs to sustain the injuries and losses set forth below. 6. The negligence and carelessness of Defendant consisted of: a. Operating his vehicle in an excessive rate of speed under the circumstances; b. Failing to have his vehicle under proper and adequate control; c. Failing to apply the brakes in time to avoid a collision; ; <-" ". '"," ",,,,~" ' >.., ' '. I . ',- I>).,'""' . -b ," ~~w; " d. Failing to operate his vehicle on the proper side of the roadway, in violation of 75 Pa.C.S.A. S3309(Driving on Roadways Laned for Traffic); e. Failing to keep a reasonable lookout for other vehicles lawfully on the road. 7. The accident was caused by the negligence and recklessness of the Defendant, and in no way was caused by the Plaintiffs. 8. As a result of the aforementioned accident, Linda Shaffer suffered severe and serious injuries which include: a. post traumatic progressive arthritic changes to the left knee; and b. cervical strain. 9. As a result of her injuries, Plaintiff, Linda Shaffer has undergone in the past and will continue to undergo pain and suffering; 10. As a result of her injuries, Plaintiff, Linda Shaffer has or may have suffered a permanent disability and a permanent impairment of her earning power and capacity. 11. As a result of her injuries, Plaintiff, Linda Shaffer has sustained actual loss of wages in excess of the amount provided under the first party benefits coverage of her personal auto policy, in the amount of$9,527. 12. As a result of her injuries, Plaintiff,.Linda Shaffer may have sustained a permanent diminution in the ability to enjoy life and life's pleasures. 13. As a result of her injuries, Plaintiff, Linda Shaffer has incurred and may hereinafter occur medical expenses which exceed the sums recoverable under 75 Pa.C.S. S 1711. 14. As a result of the damage to her vehicle, Linda Shaffer has incurred the cost of renting a replacement vehicle, in the amount of$1553. 15. As a result of the Defendant's negligence, Plaintiff sustained property damage to the horse trailer in the amount of $6,690, and to her truck in the amount of $7055. WHEREFORE, Plaintiff, Linda Shaffer, demands judgment against the Defendant, John Griffin, in an amount in excess of $35,000, in excess of the amount required for compulsory arbitration. ~ """' '., 1< ",,-, ". ",,'-', " "I '. .'J" ~"'f'''''' ""~~'" " Count II. RAYMOND SHAFFER, PLAINTIFF V. JOHN W.GRlFFIN, DEFENDANT 16. The preceding averments are incorporated by reference. 17. As a result of the aforementioned accident, Plaintiff, Raymond Shaffer, suffered bilateral knee, shin, ankle, foot and chest pain. 18. The day following the accident, Plaintiff, Raymond Shaffer, who was seventy years old at the time, and who had a history of atrial fibrillation and asthma, awoke at 7:00 a.m. with chest pain radiating through the left arm. He experienced burning, pressure, fuJlness and indigestion. He was short of breath. Based on these symptoms, he was returned to the emergency room at Carlisle Hospital and was found to have, among other things "abdominal wall contusion, status post motor vehicle accident." 19. The events described in the preceding averments reasonably led Plaintiff, Raymond Shaffer, and Plaintiff, Linda Shaffer, his wife, to conclude that Mr. Shaffer was suffering a heart attack, causing each of them emotional disturbance and distress. WHEREFORE, Plaintiff, Raymond Shaffer demands judgment against Defendant, John Griffin, in an amount in excess of $35,000, in excess of the amount required for compulsory arbitration. Respectfully submitted, Date: J- h,g\ 01- ~~ Dauiel Stem, Esquire 2650 North Third Street Harrisburg, PA 17110 (717) 234-4531 Supreme Court ID# 25989 Attorney for Plaintiffs ^ ~, J ' _ '-, I .. ,'. "'~I~"'"" " '.,- '".' '~""~-""''- . VERIFICATION We verify that the statements made in the foregoing Complaint are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: J. -oJ 5 -- w Date~ - ~ t; - 0 <--- =, ~; :- ; > RAYMOND AND LINDA SHAFFER, Plaintiffs v. JOHN W. GRIFFIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA : NO. 01-7246 CIVIL : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Queena S. Baumbach, hereby certify that a true and correct copy of the foregoing Complaint was served upon the following person by first class mail, postage prepaid: Date: ~ Jd..O )07... . I Jolm W. Griffin 1154 Petersburg Road Boiling Springs, P A 17007 ~\iiJlii''''''J'':i "-eN' '.i.,.-"" ,-"n"'jtJii :"'Pr""~,M!~g'ir.<tilli~";"".i""""~;;;'-f,,,,;;w}~i;M~f "'~EIi'"'.'." ,"^ iLCn '[ (,~ ,~"'"' JWn- 'c-..<-_' r ;~,~\-;,<~~~,~,JJ:;'n,~m~~, J,1"~:'-^,;:p',;-,,,r\ "",;:",";I;",::"-1,~J~1~1~L.,:;~':~M,,,.:G;l~,~,~~.~,,;,,,Arlii_i;,I~Ll~"_0.C.",, -':"~'01L_""lO\"",~,-,, ,,^,_,,~l,,,,,, .'," ,_=_ ,c__" ,-.",~-,=" """__'~' ~ ~ ,.~. ll, . 0 D C p-, <- 3: rgb5 ["-' ):~ -. '], --:-;:>>"j'.) ;:{J 'i'~--= Z~ , I-i Sf",' ~.~~,:;; ~:cj -0 20':0 ...." "~ '! ~:C) ~ 'oCr' :J> (": ~ ;:;:)r"fi Z ~ ::;! '''V $ CO -< f-.S $/-/ ~ ~ .. ,~ .-' - ," .- . ~ ~.~" ~O"_ .", 1---, - - .-- -, ,-"~"'-....,,~~t' 02HB-00049 ... ... ". ~ LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant, John W. Griffin RAYMOND AND LINDA SHAFFER, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 01-7246 CIVIL TERM JOHN W. GRIFFlN, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF ApPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendant, John W. Griffm. The Defendant reserves the right to otherwise plead in this matter. Respectfully submitted, By: Do . Dorer, Esquire Attorney for Defendant Identification No. 39126 Date: March 26. 2002 1 ''''' ~" . "I k ..L L.._. .. ~ ~-~ "' ~' -'"'~~--'" "',-"k,,",p':!-i>,"' 02HB-00049 JiiiO . ~ ""l LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant, John W. Griffin RAYMOND AND LINDA SHAFFER, PLAINTIFFS IN THE COURT OF COMMON PLEAS CuMBERLAND COUNTY, PENNSYLVANIA VS. No. 01-7246 CIVIL TERM JOHNW. GRIFFIN, DEFENDANT CIVIL ACTION - LAw JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Entry of Appearance to be served by regular first class mail upon: Daniel Stem, Esquire 2650 North Third Street Harrisburg, P A 17110 Date: March 26. 2002 ona . Dorer, Esquire Attorney for Defendant ~ ~~4t,;,..;,.,;" ~'-Li""'itI~U.~liliJ';~iJUlJ_~'!J:~~it:~i.l-i':lJ~&Mi~~I""k0j-<j;:}j;~"im'~,0>1~ilI'M\m",-!tft.~.A1~Miiii~il!I'!.w;'ML~J,ri_lfi'';' ." ." l' "" j~hbtt~d:~~y~-,~~",~~,~J!j"_,,,~,,_,,:*,,~~~,;l~~t!--A,~~)~~l~;Id;J,:A~A"~:.,?;I;~,~~,J~";,"J,l(,,:I.L,,lL,l,~,c,;,,,,)2r J. ,l:,r~~:!<~", ~_}',,"_''''-'''''h~--r~ ,,,-- ~ ~, - ......,;.':--, ~M ~ I.t: () S~ ('.-, E::"'-:'~ -:'-, ~) ....~.) L-J f:'. "'~. , "," ., ,~- .,", '"'c<",, ,'~, ~, '" "~~, ......J~ .~.......".." - 02HB-00049 . "j . , LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant, John W. Griffill IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RAYMOND AND LINDA SHAl"FER, PLAINTIFF VS. No. 01-7246 CIVIL TERM JOIINW. GRIFFIN, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT, JOHN W. GRIFFIN, TO PLAINTIFFS' COMPLAINT COUNT I 1. Adruitted. 2. Admitted. 3. Admitted. 4. Admitted. 5.- 15. Denied. These paragraphs are generally denied pursuant to Pa.R.C.P. ~1029(e). WHEREFORE, the Defendant respectfully prays this Honorable Court to disruiss Plairttiffs' Complaint, and to enter judgment against the Plaintiffs and in favor of the Defendant. .-" ',' 0'.< c,' ~- "-"'!i(;,;il I i , ! ! I I ''''' I'..;. '~""'>ll>~" . , , COUNT II 16. Paragraph 16 is an incorporation by reference paragraph as to which no response is required from Defendant. 17.- 19. Denied. These paragraphs are generally denied pursuant to Pa.R.C.P. ~1029(e). WHEREFORE, the Defendant respectfully prays this Honorable Court to disruiss Plaintiffs' Complaint, and to enter judgment against the Plaintiffs and in favor of the Defendant. NEW MAT'l'ER 20. Paragraphs 1 through 19 are incorporated herein by reference, and made a part hereof as if set forth in full. 21. Plaintiff's claims are barred in whole or in part by the provisions of the Pennsylvauia No-Fault Motor Vehicle Insurance Act and/or the Pennsylvania Motor Vehicle Financial Responsibility Law. WHEREFORE, the Defendant respectfully prays this Honorable Court to dismiss Plaintiff's Complaint, and to enter judgment against the Plaintiff and in favor of the Defendant. -!'i Respectfully submitted, By: ald R. Dorer, Esquire Attorney for Pefendant Identification No. 39126 Date: Apri12.2002 .. "U'Wi!l;\~(~'/."R',', . -- ~ , , , '''I' <, '~'- """'---"'"'''!Iilliiijj~M< 02HB-00049 1 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant, John W. Griffin RAYMOND AND LINDA SHAFFER, PLAINTIFF IN THE COURT OF COMMON PLEAS CuMBERLAND COUNTY, PENNSYLVANIA VS. No. 01-7246 CIVIL TERM JOHN W. GRIFFIN, DEFENDANT ClVlL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION 1, John W. Griffin , verify that the statements made in the foregoing Answer with New Matter of Defendant. John W. Griffm. to Plaintiffs' Complaint ,which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the determination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904, relating to unsworn falsifications to authorities. Dated: 3~:J-7-(J2- ~ G4' ~. ~ '- 0 Wo Griffin ' '2.1~(\'l ~~~' 0 ,- I~"''" _d..J.' -'-""- --:'~:ti-, O+HB-D0049 , . LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp HilI, PA 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant, John W. Griffin JOHNW. GRIFFIN, DEFENDANT CIVIL ACTION - LAw JURY TRIAL DEMANDED RAYMOND AND LINDA S~R, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 01-7246 CIVIL TERM CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Answer with New Matter of Defendant. John W. Griffin. to Plaintiffs' Complaint to be served by regular first class mail upon: Dauiel Stem, Esquire 2650 North Third Street Harrisburg, P A 17110 Date: Aoril2. 2002 aJ)t DonaId R. Dorer, Esquire Attorney for Defendant ;;~-~~'~ 0 1e;t&1~'~'j ," it_~.li/l11~:M(,~I,*i;,';,j";w,'\'i;l~--tr:"'1,,",,::_,,,-',-: "/''''''f;'~',)"" ,,"1>;'M::.~~,,0!il'10ir.J.."lfflm!:~~tl..IIlI!@II!!Wl;~1iiIi_1H r . f}:it;t:JP;G%Vtt~'J;;f;~I1~t~1'!IJM~!l~,(!~*.,;~;~,,~,,:,~J:'~":~~l;i~:0~!*,~i~{f~~&i~~~~d~J\~{,>,;~~" ,;t,~_ v,~U,~,J~,~,~;K-, ,)' '_~f) J:"",:-:>~, "";,,,L~ _"<'_' '" ,- ",_", ""', ---'"" 0 a 0 C N .." :;c ".. :,::;:1 -OW -0 d, ::n rnrn ?O Z:':Ci ' r- Z"""- I --.,...rr1 en],> w "b7 -<2~ )J r:: ~-, ----t~r >:::'"' -U -~1: -rj ~() ::;;;: 0- ~O r:-:> 4;M P'c 0 Z N ~ =< :0 0 -< ""._,-.-_ ',MV-C;>~"~ "~' ..... ~ ...' ",. -.-'-, ",>",^ ,.,;" ,',",'. ,"'"",..,, 'VJ,;.,',-" 'L',,',L ',-,^';.-" '-,'--- ., ~,' I' , ,,"",,"..'~-- ~~~-~,,' . RAYMOND AND LINDA SHAFFER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. : NO. 01-7246 CIVIL JOHN W. GRIFFIN, Defendant : CIVIL ACTION - LAW PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER 20. No responsive pleading required. 21. This averment is a legal conclusion to which no responsive pleading is required. Respectfully submitted, Date: 4/ ~ (0"- fJ~~ Daniel Stem, Esquire 2650 North Third Street Harrisburg, P A 17110 (717) 234-4531 Supreme Court ID# 25989 Attorney for Plaintiffs ~ '# - "". _"I.'" .' I' -">':;'1 .--~ '.r.:1w~r"""cl, VERIFICATION BY COUNSEL I verify that the foregoing Plaintiffs' Reply to New Matter is true and correct to the best of my knowledge, information and belief. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: '-II tll OJ. 8~ ~v~ Daniel Stem, Esquire Supreme Court ID# 25989 ~~ ""~ ", '" A.. .', ,,'". ,~,,"I " '^ C', ~~f," . . RAYMOND AND LINDA SHAFFER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA v. : NO. 01-7246 CIVIL JOHN W. GRIFFIN, Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Queena S. Baumbach, hereby certify that a true and correct copy of the foregoing Plaintiffs' Reply to Defendant's New Matter was served upon the following person by first class mail, postage prepaid: Date: q/r-f/DL Donald Dorer, Esquire 214 Senate Ave., Suite 503 Camp HilI, PA 17011 eena S. aum ach, aralegal to Daniel Stem, Esquire 2650 North Third St. Harrisburg, P A 1711 0 (717) 234-4531 It .;~.i.<;t.;/~-- ~\' '".:~ ~ ""~ilf>l!llIili~~~m_i@",~4m\4t'2~A,,,!,Qj;';,";';""+d'.i>'.>\\l~~\J~~"M<O"~~-"bilk,,' !in!' ,^ """""~.-~.. tJ:r:H%;/.;:_",,~~L,;2~~fk~,;,.?"t~:,h_}, ~,,,l,,)~b;,,~~J~,,:,,,,-;'_.,~'J, ~_",1;:~,,1 ,~,~;-,~A~;i;t~ ,~~ 1;lj/lli!~I~...JL~<~!',","-r'~-,~.,,~, .In,,_,,.,-, f,~ ,_, ~ ..l" P;,~":, "-~ ..'H, ,"'1'""."", '" J~' ..,.,,~,---"-- ~,-< "~ . I)};. . , (') 0 0 c:: 1-':> -0"\ $: ;po ::;~ "U ,-0 -0 h2 rnrn ::0 z:::o I ';-:-,~~ Z:S;- tJ1 .::",,-,.,: ~~ -c~ ~..~) -0 "';1'1 ~o :> {2B ;;;2 r;y i.=) rr'! .'-\ ~ W -~ :D c:> -< ES B)/ --,""; ,'_"'M,,_~ ,,^. ~~ H, ~, "L~<'~' --.,'~ ,. - ",,,,,,'<,,-, '~""""'~"'~"""";" I ; r CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS RAYMOND & LINDA SHAFFER TERM, -VS- CASE NO: 01-7246 JOHN W. GRIFFIN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD R. DORER, ESQ. 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: 09/19/2002 t{]/ on b~ V D~RER, E~ Attorney for DEFENDANT DEll-361555 0421S-LOl L% _.,~ ~~ ""' o~" ,~ ~il~ ~~Mif!"'. 'I" COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS RAYMOND & LINDA SHAFFER TERM, -VS- CASE NO: 01-7246 JOHN W. GRIFFIN NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DUNCANNON FAMILY HEALTH CTR. MEDICAL RECORDS TO: DANIEL STERN, ESQUIRE KCS on behalf of DONALD R. DORER, ESQ. 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 KeS or by contacting our local KeS office. DATE: 08/30/2002 KeS on behalf of DOlIIALD R. DORER, ESQ. Attorney for DEFENDANT CC: DONALD R. DORER, ESQ. PEG SMITH - 02HB-00049 - 5831D111101 Any questions regarding this matter, contact THE KeS GROUP IRC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-198859 0421S-C02 .,~ .-'" "..".! COMMONWEALTH OF PENNSYt. V ANlA COUNTY OF CtJMBERLANO . . RAYMOND & LINDA SHAFFER VS File No. 01-7246 JOHN W. GRIFFIN SUBPOENA TO PRODUCE DOCl.JMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF RECORDS FOR: DUNCANNON FAMILY HEALTH CENTER IN......f _ .. End",) Within twenty (20) d.ys Ul'ft service of t!\is sub~ n'ftl!Ifl!'~- by tile CCNrt to produca tile following d_ or tt\lnp: TO: .t Mr.~ GROUP INC.. 1601 MARKET ST. #800. FHlLA..FA 19103 (Ad_l You m.y deliver or _il legible copi... of the docum....ts or produc. t!\inp requ...ted by this subpoe9, togeth.r with th. c.rtific.t. of complianc.. to tt\. patty making this raquHt .t the .ddrftt listad .bov.. You hav. the right to ....k. in advanc.. the '........bl. cott of preparlns the copi... or produdns tile thinp IOUght. [f you f.i1 to produc. tt\. docu",onts or tt\inp '"'luired by this subpo.n.. wit!\in !wonty (20) d.ys aftor its ..rvic.. the party S"IVinS lltiJ sub~o.n.. m.y ...k. colUt ord.r compelJingyou to comply with it. THIS SUBPOENA WAS ISSlJED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DONALD R. DORER, ESQ. ADDRE5!Y. 214 SENATE AVE., STE 503 CAMP HILL, FA 17011 TELEPH()~ 215-246-0900 SUPREME COUJn' JD I: A1TORNEY FOR: DEFENDANT DATE: ,kX /4. , :J r"':h;:).._ Sa! of the Court (Elf.7Im - ~-, -_...~ - , L, '.I~ " " '. '-"",,-"'~..,"' J .. EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DUNCANNON FAMILY HEALTH CfR. 510 NEW BLOOMFIELD RD. DUNCANNON, PA 17020 RE: 4215 RAYMOND R. SHAFFER Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: RAYMOND R. SHAFFER . 505 SANDY HOLLOW ROAD, NEW BLOOMFIELD, PA 17068 Social Security #: 202-20-3283 Date of Birth: 11-05-1929 SU10-395658 0421S-LOl . ~ , ,~"~ -^"--". ~ - ',1-' '-_;,;-,L,,,",'~""",{"iiiJj~Jl&~~~iillG\l'.liI>;i.Jt'li;"""'f; ",;~_",'"",Ww>0li!o!.iiiJiIii;~i5ili!;~~iiI,;rtiJjmI1i1m~i!_illlliiliii:i.1il _,I .. *1 0 "~ N (/) ::r:.", f'l"I !~ -0 i~~~ N :,,CI - VJ .~ '--' 2"" --4"'T C' -,;> ~--n ~o "3- ,.. ~ ,. .g "-? b' "" ~ N ?Q 0' '< Wr ~~'f#ti,_t-!j'1}J~1if:d12~}d,~,A,~;;1~/~~ttb~j~; 1/ :If,::~p:,t;,F2a~l~~~:,t;'~i!;\;~~'1L}s{<It,'f,:,'~',".\\'i;~P*f;d,..,~;>!J;,U<-;)t!~l,~L ~,_" ~,--,,~l.~< ~"''',. ,,' ~-,~ _'}.;O~~i:,;,:'jr\, ,):, Uy}H" L;'";.{-.J,,d ,:~},!'!1.?j}~~~~{}f><'I-,~"J,,-L -"~, ~ :H~ilJ):~l ,~)" --, ..,:,,"~ ",. "" "[ ^ I ~-, " ., < ;,.;", '--'-~- -, '~ ,~ -, '~ ""1:;; CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS RAYMOND AND LINDA SHAFFER TERM, -VS- CASE NO: 01-7246 JOHN W. GRIFFEN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD R. DORER, ESQ. 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: 09/19/2002 ;/!~/E:;(j ~ DONALD R. DORER, ESQ. Attorney for DEFENDANT DEll-361551 04212-LOl - , I ,_' ~'_ " j"-,,, 1-' ," ,":;" ", ,..-,', ";;''''K''-,rllf:u_i~,{' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS RAYMOND AND LINDA SHAFFER TERM, -VS- CASE NO: 01-7246 JOHN W. GRIFFEN NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUAN'l' TO RULE 4009.21 SHELBY INSURANCE CO. CARLISLE HOSPITAL ORTHOPAEDIC INSTITUTE OF PA FAMILY MEDICINE CE!ITEll. INSURANCE MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS TO: DANIEL STERN, ESQUIRE MCS on behalf of DONALD R. DORER, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days fram 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 ...aived 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: 08/30/2002 MCS on behalf of DONALD R. DORER, ESQ. Attorney for DEPEHDAIrl cc: DONALD R. DORER, ESQ. PEG SMITH - 02BB-00049 - 5837D1llI01 Any questions regarding this matter, contact TlIE MCS GROUP INC. 1601 HARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-198858 04212-C01 . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RAYMOND & LINDA SHAFFER VS File No. 01-7246 JOHN W. GRIFFIN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF RECORDS FOR: SHELBY INSURANCE COMPANIES TO: (N.m. of PIttOn or 'Entity) W~thin twenty (20) d.ys ofter service of this sub~,!,,- A'N~gered by the court to produce the following documents or things: -bJ; Mr.S GROUP INC., 1601 MARKET ST. #800, PHlLA.,PA 19103 (Ad_, .t You m.y deliver or m.i1legible copi.. of the documents or produce things requested by this subpoen., together with the certilicate of compliilnce~ to the pM'tf mwng this request ott the addresa listed above. You h.i.ve the right to seek. in advance, the rusonabll! cost of preparing the copies or producing the things sought.. tf you foil to produce the do<u:nents or things required by this subpoen., withIn twenty (20) d.ys ailer its service. the party st:rving thl; subt'o~n.J. may seek.. court ocdet compeUing you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: nONAT.D R. DORER. ESQ. ADDRESS: 214 SENATE AVE., STE 503 CAMP HILL. PA 17011 TELEPHONE: 215-246-0900 SUPREME COURT ID I: ATIORNEY FOR: DEFENDANT BY DATE: ~ / /~ ~rh-:l , f Seal of the Court 41\ - u ;, ". u'_ ('~ ~. ,-"'~ _I" ~, '--'"""";'--''"'"''''-'....-;~,- EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SHELBY INSURANCE CO. P.O. BOX 43360 BIRMINGHAM, AL 43243 RE: 4212 LINDA S. SHAFFER INSURED: RAYMOND SHAFFER, FILE #40-96195 DATE OF LOSS: 10/15/2000 PATIENT: LINDA SHAFFER ANY AND ALL RECORDS. Any and all claims files. Dates Requested: up to and including the present. Subject: LINDA S. SHAFFER 505 SANDY HOLLOW ROAD, NEW BLOOMFIELD, PA 17068 Social Security #: 194-42-7950 Date of Birth: 10.26-1949 Date of Loss: 10/15/2000 SU10-395650 042:L2-LC' , d "d I ~,> ;.:....., , c ' ':"'''-j~: CERTIFICATE PREllEQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS RAYMOND AND LINDA SHAFFER TERM, -VS- CASE NO: 01-7246 JOHN W. GRIFFEN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD R. DORER, ESQ. 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: 09/19/2002 DONALD R. DORER, ESQ. Attorney for DEFENDANT DEll-361552 04Z1Z-LOZ ~^ .~ ~_. , 'I ,-.'. ,,- ~, ~.;ll'~"'r"""","""'.",,,, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS RAYMOND AND LINDA SHAFFER TERM, -vs- CASE NO: 01-7246 JOHN W. GRIFFEN NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCmmNTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 SHELBY DlSURANCE CO. CARLISLE HOSPITAL ORTHOPAEDIC DlSTITUTE OF PA FAKILY MEDICINE CENTER. INSURANCE MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS TO: DAlfIEL STERN, ESQUIRE KCS on behalf of DONALD R. DORER, ESQ. 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 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: 08/30/2002 KCS on behalf of DONALD R. DORER, ESQ. Attorney for DEl'ERDAIlT CC: DONALD R. DORER, ESQ. PEG SHITH - 02HB-00049 - 5837D111101 Any questions regarding this matter, contact THE KCS GROUP DlC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-198858 0421. 2 - C 0 1. . COMMONWEALTH OF PENNSYLV AN\A , COUNTY OF ctJMBERLANQ RAYMOND & LINDA, SHAFFER VS Fil. No. 01-7246 JOHN W. GRIFFIN SUBPOENA TO PRODUce OOCUM~S OR THINGS FOR orSCOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL (Nome at P..-- 0< EAtltyl Within twenty (20) day. oft., Hl'Yice of thll lub~ mM!Hlffiend lIy the "'un to prod""e the foUowlns documents or thinp TO: Mr.~ GR01~ INC., 1601 MARKET ST. #800, PHILA.,PA 19103 (A_' .t You m.y delivOf Dr rruillegible copl.. of the documents .... produce things requested lIy thil subpoe.... together with the c.rtificate of compliance. to the party maldns this teq_ at the .cldr8a Iiste4 a"""e. You have the right to _k. in a<lYln... the reasonable cost of p",porlnl tile coplft or produclns11le thinp sought. If you fail to produce the dD<Uments Dr things requim:llly thls lubpoena, within twenty (20) day. allot it. service. the patty s"rving Uti.; sub~o.n.a may seek a coun otclu cotnpellinS you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: nONAT.n R. DORER. ESQ. ADDRESS: 214 SENATE AVE., STE 503 CAMP RILL, FA 17011 TELEPHONE: 215-246-0900 SUPREME COURT JD I: AlTORNEY FOR: DEFENDANT DAn;: ~ If. ..:;)~ , BYfJ];: CO~ L> .JJ /) -:/I'!atl_ L ')b~ ~blt. '-- .o/{ t?~ 0 P ~/M/Y. ~ Seu of tile Court 1'#\ ,. ",,-' ~'I -, " ,.;, I" ~'..~"06'<c, EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL 246 PARKER STREET CARLISLE, P A 17013 RE: 4212 LINDA S. SHAFFER Any and all records, correspondence, files and memorandums, handwritten notes, relating to any examination, consultation care or treatment. Dates Requested: up to and including the present. Subject: LINDA S. SHAFFER 505 SANDY HOLLOW ROAD, NEW BLOOMFIELD, PA 17068 Social Security #: 194-42-7950 Date of Birth: 10-26-1949 SU10-395652 04Z1Z-L02 . ~"- "I~ ,---~ ~ -- ~ 'i1~ '---',,,,,",-,,,,,,,,,,,,,,,. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS RAYMOND AND LINDA SHAFFER TERM, -VS- CASE NO: 01-7246 JOHN W. GRIFFEN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD R. DORER, ESQ. 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: 09/19/2002 DONALD R. DORER, ESQ. Attorney for DEFENDANT DEll-361553 04Z::LZ-L03 """"""'" " ". " . ~,;,. ~ I' , ....;J~,' In--'Il'liil-~",V COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS RAYMOND AND LINDA SHAFFER TERM, -VS- CASE NO: 01-7246 JOHN W. GRIFFEN NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURS1JAN'.l' TO RULE 4009.21 SHELBY INSUIlANCE CO. CAlU.ISLE HOSPITAL ORTHOPAEDIC INSTITUTE OF PA FAMILY MEDICIIfE CEJITER INSURANCE MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS TO: DAIfIEL STERN, ESQUIRE MCS on behalf of DONALD R. DORER, ESQ. 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 HCS or by contacting our local MCS office. DATE: 08/30/2002 HCS on behalf of DONALD R. DORER, ESQ. Attorney for DEFEIIDAlIT CC: DONALD R. DORER, ESQ. PEG SMITH - 02BB-00049 - 5837Dllll01 Any questions regarding this matter, contact THE HCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-198858 0421. 2 - C 0 1. COMMONWEALTH OF PENNSYLV~ , COUNTY OF CUMBERLAND RAYMOND & LINDA SHAFFER VS fileNo. 01-7246 JOlIN W. GRIFFIN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DlSCOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF RECORDS tOR: ORTHOPAEDIC INSTITUTE OF PA (N_ of P...... or Snllt]>) TO: Within twenty (20) d~ys Uter SftVi<. of this .Ub~ A'f'l:tafljjeted by the <oun to praduc. the roJlGWinS dcIcwn<mII... thlnp: at Mr.S GROUP INC., 1601 MARKET ST. #800, PHlLA.,PA 19103 (A4_1 Yo... m~y deliver or ""'illegibl. copies of the daau"...ts ar pradue. thlnp ""lUHted by thl. ....bpaeM, together with the certificate af campli~nee. ta the put)> making this req_ at the addrfta tilted ~bav.. 'tau Myeth. risllt to _k. in adyance. the reasoNble cast af prepui"lIth. capies or prad"c1ns the thlnp "'''ght. tr yau rail ta prod...ce the dacu:!lent. Or things ""lulfed by this ."bpee"., within twenty (20) day. after it. ..tvlce, the porty s~rving thlJ sub..,oenol nay Hek. court ordet campeJJUt&:you to comply with it. THIS SUBPOENA WAS ISSUlSOATTHEREQtJESTOF'IHEFOLLOWING PERSON: NAME: onNALTI R. DORER, ESQ. ADDRESS: 214 SENATE AVE., STB 503 CAMP HILL. PA 17011 TElEPHONE: 215-246-0900 SUPREME COU1lT tD I: ATTORNEY FOR: DEFENDANT DATE: #t If, ;:}('Y)d-.... So! of the Court =-... '11'm -"" . . , " ,". ,~, " ~ 'I " ~'" "'=-" ""'''....''''''"'"'''''',,~= . """.-h""",~Wl"'.,j',,\\. EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ORTHOPAEDIC INSTITUTE OF PA 875 POPLAR CHURCH ROAD CAMP HILL, PAl 7011 RE: 4212 LINDA S. SHAFFER Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: UNDA S. SHAFFER , 505 SANDY HOLLOW ROAD, NEW BLOOMFIELD, PA 17068 Social Security H: 194.42.7950 Date of Birth: 10.26.1949 SUIO-395654 04212 - L 0 3 ~, . ' _- ,~ '" II . ~. 'J.' , 'I '"' :....'.;a~' ---"."'''''~''.""""-,,,,,,,,~",,,-~' CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS RAYMOND AND LINDA SHAFFER TERM, -VS- CASE NO: 01-7246 JOHN W. GRIFFEN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD R. DORER, ESQ. 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: 09/19/2002 DONALD R. DORER, ESQ. Attorney for DEFENDANT DEll-361554 042l2-L04 ~--, ' J I' > .. ~ " .1' . ~ . ,,,,;..,' ~':l\lili- '~__llir.<~""", COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS RAYMOND AND LINDA SHAFFER TERM, -VS- CASE NO: 01-7246 JOHN W. GRIFFEN NOTICE OF INTEN'.r TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 SHELBY llISURANCE CO. CARLISLE HOSPITAL ORTHOPAEDIC INSTITUTE OF PA FAMILY MEDICINE CENTER INSURANCE MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS TO: DANIEL STERN, ESQUIRE MCS on behalf of DONALD R. DORER, ESQ. 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 MCS or by contacting our local MCS office. DATE: 08/30/2002 MCS on behalf of DONALD R. DORER, ESQ. Attorney for DEPEBDAN'l' CC: DONALD R. .DORER, ESQ. PEG SMITH - 02HB-00049 - 5837D111101 Any questions regarding this matter, contact THE KCS GROUP IlIIC. 1601 KARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-198858 04212-COl . : " COMMONWEALTH OF PENNSYL VANIA, COUNTY OF CUMBERLAND RAYMOND & LINDA SHAFFER VS File No. 01-7246 JOHN W. GRIFFIN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF RECORDS FOR: FAMILY MEDICINE CENTER OF NEWPORT (Name of ponoft or EntI.,,1 TO: Within twenty (20) day. oft.. ......ie. of tlla .ub-. ~'ftafl!llored by the court to produc. the following d_ or thinp: '8<;1> it Mr.~ r.R01W INC., 1601 MARKET ST. #800, FHILA.,FA 19103 (Ad_i You may d.llver or mail legible copies of the docu........ or produe. things requested by thl. .ubpoe..... together with the c.rtificate of compliance, to th. puty nWcing tlla requat at the adclress listed abov.. You hov. lhe right to _I<. in .dvanee, Ih. r..so....bl. COlIt of prepulng the copies or produclns the things sought. [f you fail 10 produce the document. or thil'lgs requlr.d by thl. .ubpo...., within tw.nty (20) doy. after it. ..rvic., the puty serving thi; subIlOtet1.1 molY leek.. court order compellinlyoll to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: nnNAIJD R. DORER. ESQ. 214 SENATE AVE., STE 503 CAMP HILL. FA 17011 TELEPHONE: 215-246-0900 SUPREME COUltT ID I: A 1TORNEY FOR: DEFENDANT NAME: ADDRESS: DATE:~' '. . , l . ' III ;:) ('Y,"';)... I ~~~~ '---- ~O/kO P .~/)flA"Y1 / Seal 01 the Court C:-.::..7/'I1" , ,~, " I" -,,- """'" ^_. -',", 'f"" ..uc,...o':;Hf~.a'$c",j ., EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: FAMILY MEDICINE CENTER OF NEWPORT 29 W. SHORTCUT ROAD NEWPORT, PA 17074 RE: 4212 LINDA S. SHAFFER Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: UNDA S. SHAFFER 505 SANDY HOLLOW ROAD, NEW BLOOMFIELD, PA 17068 Social SecuriQ' #: 194.42.7950 Date of Birth: 10-26.1949 SUlO-395656 04212-L04 +tj~~i~!il~"":'~H.fil"fi_!-h.tliMi~'lh:!;!-~b:;!i:Ui':<iL;'d",,' e','~ ,'J",,~'-"" ",,',"'''-''" ';;i';['e_-'f$o...~.-.;<fi:f...~~il:~,-1/;i~lit~~.RiI1U ''1 """""""""_TI_ftlllli_~ 5_,___ o I'" ~ ...., rv (..J ~ i'P -;%.i" ~~ '2' w.?'f 20 ~ ~Q _-u ~c:: ~ -v :~ w " w 61/ \,"~I.;"-t;J;~_:JLJ!il2U.JUfl~",,p,>=,,,,<,,~,t~G~l:"~_r~,~-,,J_)':;:\,J""~,"'I'j',_,~_,_<<)';!T,.WL_"_"M,~,~lc;,,^'-"(,,,,--;, "-','^"^",W,~ ,,~ ,-,,",,c",,,r..' ". _'J ',~ j"",c" ., "V-,- ,.",,,",_,,,,,,, ,"," ",'""_ ~,,"""" ,,,,,,,,,,..,,__.~,,, =', ,_ , ~~.' ~_ ,-." ,. ~ N ....I ..... x...,., f1"f:: :'3 "};' ~.-, u ~~jj ~C, p;fO ~ ~ "-<, ". 0_' '~t,~"',N"'J:Hjl-" 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) ( I../)' for JURY trial at the next term of civil court. ) for trial without a jury. .....uu........._.._.________________________.....___________________________________n.n..~.__.u.....u_....._._..u____________________n4_uuu__u_____un_________ CAPTION. OF CASE (entire caption must be stated in full) (check one) LINDA SHAFFER AND RAYMOND SHAFFER, Assumpsit Trespass ((/1 Trespass (Motor Vehicle) (Plaintiff) (other) vs. JOHN W. GRIFFIN, The trial list will be called on 8/12/03 and Trials commence on 9/8/03 (Defendant) Pretrials will be held on 8/20/03 (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214-1.) vs. No. 01 Civil 7246 19,___ Indicate the attorney who will try case for the party who files this praecipe: ~------- Daniel Stern, Esquire, 2650 N. Third St., Harrisb~J\._.lJ.l10___,______, Indicate trial counsel for other parties if known: Donald Dorer, Esquire, 214 Senate Ave., Suite 503, Camp Hil~-,- PA.-lLQ1J_,__ , .... ,~ Date: _..QL13/03 , '--~--;;;;;Jl-~--- Signed: _~NlELSIERN.,--AnOONff-- 2650 N. 3rd STREET Print Name: --~'1'K"~ Attorney for: u__,_.l'la.J.ntiffs___________ This case is ready for trial. . ~i1If~'"- w- "'" ~1~'1JlMmI,,*,'1i1Illi&::1!ijj',;'''''',",-'''~_"'>t~'' , , ~ ~ .. .. ~ ., j', ,""'I r""p" )~t 1::' J, \ "" i,i {'>' (. . ,'i ' 'K^"".-~..~~(i~-"~"_"",,*,g;n;,:,,,,.-.li"'h~i.:,i*",I~J!i""~~~ J )i~I%,.~k4,Mt"".\l~;:'~, 1,.,~,L,.:\l\""I!Ill!!!!-~ "...",J,U ,,jJliUll..,,L J";J,.,.,t)"";,~,.,,.,, 'A '",. I\.' , :-:~\~ " "j ".i\, '., t o c _5:' '...le-' g]q': ~/" r" (i) '. ---::_-: 1-" :<'-- r:. ~~~ ~~"~; ~\\ ," ,,,,~, " ,,,,_," ", ,~",_, ~_ '_",",,0;"-', " =:-:: ':::J " ~'" -.~" - <::) (10 () -:~l ~ -,j '--;:;;'JJ (;-; :~[~ i '~iC.) .,.c:-8 ':'::(-J ,'jrn -"I} -~" ~~ 0') >: ::0 -< .,,,. _ ,~"t . I. ~'"~f~m~<!, ~ . .. 02HB-00049 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant John W. Griffin RAYMOND AND LINDA SHAFFER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 01-7246 CIVIL TERM JOHNW. GRIFFIN, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned case settled, discontinued and ended. Date: q!'7!()) By:JJ~ ~~ Daniel Stem, Esquire 2650 North Third Street Harrisburg, PA 17110 Court I.D.25989 .......,." ~ ~. "" '^ 02HB.00049 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant John W. Griffin RAYMOND AND LINDA SHAFFER, PLAINTIFF VS. JOHN W. GRIFFIN, DEFENDANT I .. III~_~"='''''''''"''''''''''M;~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-7246 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Praecipe to Discontinue to be served by regular frrst class mail upon: Dauiel Stem, Esquire 2650 North Third Street Hmri,b_ PA 171 Date: September 26, 2003 Don dR. Dorer, Esquire Attorney for Defendant f~~m-)~JfJr!i)';'Il;,i;;e@ii!lt:~j!~~~\_",;IJ'II;rl;tl~'---0i\'-' ,,,_ ,"'~~,;,:_""'1'.0[j~'~$<_F,!",~;~~',!;-"'d"'J'.,,;'i,'~"&{'6,<J"~iwi,i,&-it-iJ',iiHi~i1i~)!fiA!!'MW};l'&'~>~,,~~-i>~~~ja"'" .-~:Wij"illlil ~ , 0 0 0 C W ."" S ,-" ' -~, -000 ,n ':'':'1: ~fT; -0 ".;:;::;. :Xi !'0 -D,tr: :25', u:> c,:~~\..( (fJ ': \!,C> ~-"'- kG! "" 511 ~8 3 .~O r ISm ~c: ::-, ~ ~ ::0. *"" -<. /,1; ~l/ ;\'!?:I,,,-,:~k)}!lj X.";"[<tJ.,,~m.,[~,l!!1,",t1,~,,,J,'.e,,l~: QLRl."t_,J;,LL__l,'"," "~,)~:,,J!L_Jjl,J:I,~L, "J~_""LU,_ ,,~~l:,;h,,-J~_J~k "O__,_',V>",,--- .~-< "~'" ~',"" ". ,",,~' ~',}, '-)<"'i _" ~" ' , ,~__~ ""~,_<r.y,,,,,,,,,,,,o/,,,,,,~~,,,,,,~~,,,,~, ,r~^ ~ ,~, -=" .-'" -,^."