HomeMy WebLinkAbout99-00880
7. The burdcn is on thc Plaintiff to show that his alleged damages and caeh elcmcnt thcrcof
wcrc a result of the Defcndant's actions. lfyou do not find his proofofdamagcs to bc crcdiblc, thcn.
you must rcjcct those claims which havc not bccn sufficicntly provcn. Scc P.L.E. Damagcs Section
151.
9. 6.028 (Civ) AUTO NEGLIGENCE: ELEMENTS OF PROOF EXPLANATION OF
NON-ECONOMIC DAMAGES
The plaintiff claims to diffcrent typcs or c1asscs of damages in this case. The c1emcnts which
the plaintiffhas the burden of proving with respect to cach type of damages arc somewhat diffcrent.
The first type or class ofdamagcs sought by the plaintiffis generally refen'ed to as "economic" loss
damagcs and includes income loss, medical expcnscs, loss of earning capacity, and out-of-pocket
expenscs.
The second type or class ofdamages is gcncrally referred to as "non-economic" loss damages
and includes such things as pain (past, present, and future), emotional suffering, disability, loss of
enjoyment of life and life's pleaslll'cs, embarrassment, and humiliation.
As I indicated, what the plaintiff must prove differs somewhat depending on which type of
damages claim is being considcred--economic or non-economic loss damages. 1 will now instruct
you regarding the elements which the plaintiff must prove.
11. 6.02D (Civ) AUTO NEGLIGENCE: SERIOUS IMPAIRMENT
Under Pennsylvania law, the plaintiff may rccovcr non-economic loss damages in this casc
if the plaintiff can show by the greater weight of the evidence:
(I) The defendant was negligent in one or more ways as I described to you in my
instructions;
(2) The defendant's negligence was a substantial factor in bringing about injury to the
plaintiff; and
(3) The plaintiffs injury resulted in non-economic damages; and
(4) The plaintiff suffered serious impainnent ofa body function.
To decide this last and additional element of proof, you must decide, based upon the
evidence:
(1) Whether the injuries sustained by the plaintiff in the accident impaired one or more
body functions; and
(2) Whether that impainnent of a body function was serious.
In detennining whether the impairment ofa body function was serious, you should consider
such factors as the extent ofthe impainnent, the particular body function impaired, the length oftime
the impainnent lasted, the treatment required to correct the impairment, and any other relevant
factors.
An impaillnent need not be pennanent to bc serious.
The terms "serious," "impairment," and "body function" have no special or technical meaning
in the law and should be considered by you in the ordinary sense of their common usagc.
14. You will recall that Roger Ostdahl, M.D. gave testimony of his qualifications as an
expert in the field of neurosurgery.
A witness who has special knowledge, skill, experience, training or education in a particular
science, profession or occupation may give his opinion as an expert as to any matter in whieh he is
skilled. In determining the weight to be given to his opinion, you should consider the qualifications
and reliability of the expert and the reasons given for his opinion. You are not bound by an expert's
opinion merely because he is an expert; you may accept or reject it, as in the case of other witnesses.
Give it the weight, if any, to which you deem it entitled.
Pa. ssn (Civ) 5.30.
209419.IIRASIMLIl
20. Plaintiffs claim two different types of damages in this case. The elements which
Plaintiffs have the burden of proving with respect to each type of damages are somewhat different.
The first type of damages sought by the Plaintiffs is generally referred to as "economic" loss
damages and includes income loss, loss of earning capacity, property damages and out of pocket
expenses.
The second type of damages is generally referred to as "non-economic" damages and
includes such things as past, present and future pain, emotional suffering, disability, loss of life's
enjoyment and pleasures, embarrassment, scarring and humiliation.
I will now provide instructions with regard to the elements which the Plaintiffs must prove
to recover the first type of damages, comprising economic loss damages.
Pa. ssn (Civ) 6.02B; Weider v. Hoffman, 238 F. Supp. 437 (M.D. Pa. 1965); Leonard v. Baltimore
& Ohio R.R. Co., 259 Pa. 51,102 A. 279 (1917); Magdule v. Feather, 44 Pa. 0.& C. 2d 192 (C.P.
Leb. 1968).
209419.IIRASIMLB
21. The damages recoverable by the Plaintiffs in this case and the items that go to make
them up, each of which I will discuss separately, are as follows:
(a) Future medical expenses;
(b) Uncompensated work loss;
(c) Past lost earnings;
(d) Future loss of earnings and lost earning capacity;
(e) Past and future pain and suffering;
(f) Embarrassment and humiliation;
(g) Disfigurement; and
(h) Loss of enjoyment of life.
In the event that you find in favor of the Plaintiffs, you will add these sums of damage
together and return your verdict in a single, lump sum.
Pa. ssn (Civ) 6.01; Schwegel v. Goldberg. 209 Pa. Super. 280, 228 A.2d 405 (1967); Mack v.
Johnso!!, 430 F. Supp. 1139 (E.D. Pa. 1977), afl'd, 582 F.2d 1275 (3d Cir. 1978); Reist v.
Manwiller, 231 Pa. Super. 444, 332 A.2d 518 (1974).
209419.IIRASIMLIl
25. The broad term "pain and suffering" includes a wide range of not only physical, but
also emotional reactions to injuries and their consequelices. In calculating damage for pain and
suffering, you may place a value on the following:
(a) Mental pain and distress;
(b) Fear;
(c) Shock;
(d) Emotional suffering;
(e) Anxiety;
(f) Frustration;
(g) Degradation;
(h) Loss of the feeling of well-being; and
(i) Limitation on activities.
Niederman v. Brodsky. 436 Pa. 401, 261 A.2d 84 (1970); Walsh v. Brody, 220 Pa. Super. 293, 286
A.2d 666 (\971); Corcoran v. McNeal, 400 Pa. 14,161 A.2d 367 (1960).
209419.IIRAS\MLB
29. As you heard, Dr. Ostdahl has te~tified that Plaintiff had a pre-existing condition
which existed in his neck.
Although Plaintiff had this pre-existing condition, this does not mean that he is not entitled
to recover for those additional injuries which either activated a dormant condition or aggravated an
active impairment and made it worse. If you find that Plaintiff's condition was aggravated or
activated by this accident, you may award him such monetary damages as you feel are entitled to
compensate him. The law has determined that a Defendant must take his victim as he finds him.
Lebesco v. Southeastern Pennsylvania Transp. Authoritv. 251 Pa. Super. 415, 380 A.2d 848 (1977);
Freer v. Parker, 411 Pa. 346,192 A.2d 348 (1963); Fretts v. Pavetti, 282 Pa. Super. 166,422 A.2d
881 (1980); Geyer v. Steinbronn, 351 Pa. Super. 536, 506 A.2d 901 (1986).
209419.IIRASIMLB
32. Plaintiff Robert Lynn is entitled to be fairly and adequately compensated for such
embarrassment and humiliation as you believe he has endured and will continue to endure in the
future as a result of his injuries.
Pa. ssn (Civ) 6.01 G; Frankel v. United States, 321 F. Supp. 1331 (ED. Pa. 1970), aff'd, 466 F.2d
1226 (3d Cir. 1972); Marinelli v. Montour R.R. Co., 278 Pa. Super. 403, 420 A2d 603 (1980); Fish
v. Gosnell, 316 Pa. Super. 565, 463 A2d 1042 (1983).
209419.IIRASIMLB
,~_.~'_.
e. Roy F. Kotzmoyer;
f. Any representativcs of Plaintiffs treating medical providers;
g. Representative of Roadway Express; and
h. Any witness necessary [0 authenticate a diagram of the roadway at the time of the
accident.
IV. EXHIBITS:
a. Photographs of the vehicle;
b. Diagram of the intersection;
c. Photographs of the intersection;
d. Plaintiffs medical records /Tom Eduardo Jorge, M.D.;
e. Plaintiffs medical records from Moffit, Pease & Lim Associates;
f. Plaintiffs medical records from Theodore Beck, M.D.;
g. Plaintiffs medical records from Russell Macaluso, M.D.;
h. Plaintiffs medical records from Dennis E. Line, M.D.;
1. Plaintiffs medical records from Neil Flenniken, M.D.;
J. Plaintiffs medical records from Robert A. Hollen, M.D.;
k. Plaintiffs medical records from Harrisburg Hospital;
1. Plaintiffs medical records from Belvedere Medical Center;
m. Plaintiffs medical records from Apple-a-Day Medical Center;
n. Plaintiffs medical records from Roger Ostdahl, M.D.;
o. Plaintiffs medical records from Alexander Spring Rehab;
p. Plaintiffs medical records from Lehigh Valley Physiatry;
q. Plaintiffs medical records from USAF Military Personnel Center (VA RMC);
,
r. Plaintiffs medieal records from Daniel P. Hely, M.D.;
s. Plaintiffs medical records from Philip Carey, M.D.;
t. Plaintiffs medical records from Polyclinic Hospital;
u. Plaintiffs medical records from Carlisle Hospital;
v. Plaintiffs employment records from Roadway; and
. .
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CARLISLE, PENNSYLVANIA 17013
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X. SEITLEMENT NEGOTIATIONS
Plaintiffs' demanded $175,000. Defendant's only offer to date was $17,500.
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4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791
Counsel for Plaintiffs
Date: April 10, 2000
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February 18, 1999
Richard A. Sadlock, Esquire
ANGINO & ROVNER
4598 North Front street
Harrisburg, PA 17110
RE: Robert W. Lynn
SS# 208-28-6272
Dear Mr. Sadlock:
You have requested further narrative with regard to the above-
mentioned indiVidual, and I am enclosing the following narrative
report.
I first saw Mr. Lynn on referral from Dr. Robert A. Hollen on
February 3, 1997. History and evaluation at that time indicated that
he was having headaches and neck discomfort related to cervical spon-
dylosis. He is a retired Air Force jet engine mechanic who had been
doing some part-time truck driving with Roadway Express, and he had
been having problems with neck discomfort. He had been involved in a
truck accident in December of 1996. Back in July of 1996 he had had
an episode of rather significant neck discomfort associated with
headaches, and he was treated with rest and medications with sub-
sequent improvement. He then worsened during the fall of 1996, and by
the time that I saw him in early February of 1997 he was feeling bet-
ter, complaining of some pain between the shoulder blades and in the
posterior cervical region with frequent headaches. Cervical spine
x-rays demonstrated evidence of degenerative disc disease and spon-
dylosis, particularly at C5-6, but other levels were also involved,
My report at that time includes further information with regard to his
previous history of cardi.ac bypass surgery, the diabetes, and other
medical conditions and medications. His examination demonstrated no
significant neurological abnormalities. The diagnosis was one of cer-
vical spondylosis, multilevel, with recent clinical improvement, and
recommendations were made with regard to physical therapy measures in-
cluding cervical traction. He did not wish to consider surgery at
that time.
. I saw him again on July 15, 1997. He had been involved in a
motor vehicle collision on June 30, 1997, and after his vehicle struck
another vehicle that swerved directly in front of him, his car rolled
1""\
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Page 2
February 18, 1999
RE: Robert W. Lynn
over several times. He sustained a number of lacerations and
developed tingling numbness in his hands and some numbness over the
right side of the body, and he had recurrent difficulty with neck dis-
comfort and headaches. He had been evaluated in Carlisle, and he had
been found to have some diminished sensation over the right side of
his body, and subsequent fOllow-up comparison MRI evaluation of the:
cervical spine again demonstrated changes of multilevel cervical spon-
dylosis as documented, It was felt that he had sustained a cervical
spinal cord contusion at the time of the motor vehicle collision.
This is a situation of a clearly preexistent condition aggravated by
the motor vehicle collision. There were some changes on his examina-
tion as documented, but it was felt that continued nonoperative
management was appropriate at that time, and further physical therapy
measures were recommended, Clearly though, however, his condition had
been aggravated by the car crash.
Subsequently, about a week later, he fell down the steps and
sustained an injury to his thoracic spine with Tl2 and also Ll com-
pression fractures, He was hospitalized at Carlisle Hospital, and a
number of studies were performed as documented, He was placed in a
Jewett hyperextension orthosis, and he continued to gradually improve
over time with regard to his back, but he continued to have complaints
that became progressive with regard to his neck and his upper ex-
tremities, particularly his right arm and hand. At one point in
September of 1997, electrodiagnostic studies demonstrated bilateral
slowing of median nerve conduction with no focal involvement of the
right ulnar nerve, A further MRI study of the cervical spine on
November 10 of 1997 again demonstrated multilevel spondylotic changes.
His examination when I saw him for a third time on November 17 of 1997
in the office demonstrated neurological changes compared to his pre-
vious examination. There was some mild weakness involving his
proximal right upper extremity, a diffuse pattern of mild weakness,
and he also did have a Tinel's sign at the right volar wrist region
but no Tinel's sign at the right cubital tunnel area. There was a
mild degree of hyperalgesia and hyperesthesia involving the medial
portion of the right hand. It was felt that the repeated injuries to
the cervical spine in the setting of preexistent cervical spinal
stenosi.s had resulted in progressive neurological impairment, and it
was also felt that he might have bilateral carpal tunnel syndrome. It
seemed fairly clear that the motor vehicle collision in late June of
1997 had aggravated his cervical condition, but I am unable to
specifically relate the carpal tunnel syndrome difficulties to that
injury. Carpal tunnel syndrome is a very ~ommon.cond~tion, and it is
not clear that the carpal tunnel syndrome ~nvolv~ng l:Ls hands can be
specifically related to the motor vehicle collision,
In any event, it was felt that the patient would benefit with
surgery. On December 8, 1997, he underwent multilevel cervical
laminectomy involving C3, C4, C5, C6, and partial C7, with
c"""
-.
Page 3
February 18, 1999
RE: Robert W. Lynn
foraminotomies on the right side at C5-6, C6-7, and C7-Tl and
decompression of the cervical spinal cord and nerve roots. His diag-
nosis at that time was one of multilevel cervical spondylosis and
cervical spinal stenosis with cervical myelopathy and a history of
previous cervical injuries and a probable cumulative effect of mul-
tiple trauma to his cervical spinal cord, with a previous Tl2-Ll ver;'
tebral compression fractures, a history of two-vessel coronary artery
bypass graft surgery in 1988, a 3 cm. abdominal aortic aneurysm, a
history of hyperlipidemia, a history of non-insulin dependent diabetes
mellitus, a history of hiatal hernia, and a history of previous right
knee arthroscopy. He also had mild bilateral carpal tunnel syndrome.
He improved following the neck surgery. His headaches and neck
pain essentially disappeared. During his further postoperative
fOllow-up, he began to complain of increasing difficulties related to
the carpal tunnel syndrome, particularly with regard to his right hand
initially. He underwent surgery for the right carpal tunnel syndrome
on February 19, 1998, He improved following that surgical procedure,
He began to have increasing discomfort with his left hand, and he un-
derwent decompression of the left median nerve on March 5, 1998. He
improved following that procedure as well.
He was seen for further postoperative follow-up on April 17 of
1998, and his final visit was on June 19, 1998. He had been released
to return to work on Monday, May 4, driving his truck. When he
returned on June 19, he had been driving his 18 wheeler on a regular
basis, usually about 500 miles per day, When he would drive up north
toward New York on bad roads he would experience some difficUlty at
times with transient soreness in his hands as the steering wheel would
wobble as he was driving over the rough roads. Overall, however, he
was doing fairly well with only some occasional cramping in the right
ring finger and some intermittent tingling in the small finger of the
right hand. Both incisions in the hands were well-healed. He had a
very mild Tinel's sign at the right cubital tunnel region but no
Ulnar-distribution weakness in the right hand. At that point, it was
felt that he did not require further scheduled neurosurgical follow-
up, It was felt that if he developed increasing symptoms with regard
to his right ulnar nerve in the future then further testing and pos-
sible treatment might be indicated.
I can confirm with a reasonable degree of medical certainty, that
the injuries and surgery that Mr. Lynn had pertaining to his neck were
directly related to his automobile collision. This was a situation of
a preexistent condition aggravated by the automobile collision.
However, I cannot state with "reasonable medical certainty" that the
carpal tunnel syndrome difficulties were directly related to the
automobile collision, This is a possibility, but it is equally pos-
sible that they were unrelated, This is a very common condition. I
I
I
CERTn'ICA TE 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,
requested addressed as follows:
George Faller, Jr., Esquire
Marston, Deardorff, Williams & Otto
Ten East High Street
Carlisle, PA 17013
'!I:~~
M rcy V. Bry e ser
Date: April 10, 2000
207981.1 IRAS\MI.B
NEURO.lJOGICAL
SURGERY, LTD.
Barry B. .\\tlOl'l', .\\.1).
George J(, I(o!", .Ir.. .\\.Il.
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February 18, 1999
Richard A. Sadlock, Esquire
ANGINO & ROVNER
4598 North Front street
Harrisburg, PA 17110
RE: Robert W. Lynn
SS# 208-28-6272
Dear Mr. Sadlock:
You have requested further narrative with regard to the above-
mentioned individual, and I am enclosing the following narrative
report.
I first saw Mr. Lynn on referral from Dr. Robert A, Hollen on
February 3, 1997, History and evaluation at that time indicated that
he was having headaches and neck discomfort related to cervical spon-
dylosis. He is a retired Air Force jet engine mechanic who had been
doing some part-time truck driving with Roadway Express, and he had
been having problems with neck discomfort, He had been involved in a
truck accident in December of 1996. Back in July of 1996 he had had
an episode of rather significant neck discomfort associated with
headaches, and he was treated with rest and medications with sub-
sequent improvement. He then worsened during the fall of 1996, and by
the time that I saw him in early February of 1997 he was feeling bet-
ter, complaining of some pain between the shoulder blades and in the
posterior cervical region with frequent headaches. Cervical spine
x-rays demonstrated evidence of degenerative disc disease and spon-
dylosis, particularly at C5-6, but other levels were also involved.
My report at that time includes further information with regard to his
previous histo~y of cardiac bypass surgery, the diabetes, and other
medical conditions and medications. His examination demonstrated no
significant neurological abnormalities. The diagnosis was one of cer-
vical spondylosis, multilevel, with recent clinical improvement, and
recommendations were made with regard to physical therapy measures in-
cluding cervical traction. He did not wish to consider surgery at
that time.
I saw him again on July 15, 1997. He had been involved in a
motor vehicle collision on June 30, 1997, and after his vehicle struck
another vehicle that swerved directly in front of him, his car rolled
Page 2
February 18, 1999
RE: Robert W. Lynn
over several times. He sustained a number of lacerations and
developed tingling numbness in his hands and some numbness over the
right side of the body, and he had recurrent difficulty with neck dis-
comfort and headaches. He had been evaluated in Carlisle, and he had
been found to have some diminished sensation over the right side of
his body, and subsequent follow-up comparison MRI evaluation of the.-
cervical spine again demonstrated changes of multilevel cervical spon-
dylosis as documented. It was felt that he had sustained a cervical
spinal cord contusion at the time of the motor vehicle collision.
This is a situation of a clearly preexistent condition aggravated by
the motor vehicle collision. There were some changes on his examina-
tion as documented, but it was felt that continued nonoperative
management was appropriate at that time, and further physical therapy
measures were recommended, Clearly though, however, his condition had
been aggravated by the car crash,
Subsequently, about a week later, he fell down the steps and
sustained an injury to his thoracic spine with T12 and also Ll com-
pression fractures. He was hospitalized at carlisle Hospital, and a
number of studies were performed as documented. He was placed in a
Jewett hyperextension orthosis, and he continued to gradually improve
over time with regard to his back, but he continued to have complaints
that became progressive with regard to his neck and his upper ex-
tremities, particularly his right arm and hand. At one point in
September of 1997, electrodiagnostic studies demonstrated bilateral
slowing of median nerve conduction with no focal involvement of the
right ulnar nerve. A further MRI study of the cervical spine on
November 10 of 1997 again demonstrated multilevel spondylotic changes.
His examination when I saw him for a third time on November 17 of 1997
in the office demonstrated neurological changes compared to his pre-
vious examination. There was some mild weakness involving his
proximal right upper extremity, a diffuse pattern of mild weakness,
and he also did have a Tinel's sign at the right volar wrist region
but no Tinel's sign at the right cubital tunnel area. There was a
mild degree of hyperalgesia and hyperesthesia involving the medial
portion of the right hand, It was felt that the repeated injuries to
the cervical spine in the setting of preexistent cervical spinal
stenosis had resulted in progressive neurological impairment, and it
was also felt that he might have bilateral carpal tunnel syndrome. It
seemed fairly clear that the motor vehicle collision in late June of
1997 had aggravated his cervical condition, but I am unable to
specifically relate the carpal tunnel syndrome difficulties to that
injury. Carpal tunnel syndrome is a very common condition, and it is
not clear that the carpal tunnel syndrome involving his hands can be
specifically related to the motor vehicle collision.
In any event, it was felt that the patient would benefit with
surgery. On December 8, 1997, he underwent multilevel cervical
laminectomy involving C3, C4, C5, C6, and partial C7, with
Page 3
February 18, 1999
RE: Robert W, Lynn
foraminotomies on the right side at C5-6, C6-7, and C7-T1 and
decompression of the cervical spinal cord and nerve roots. His diag-
nosis at that time was one of multilevel cervical spondylosis and
cervical spinal stenosis with cervical myelopathy and a history of
previous cervical injuries and a probable cumulative effect of mul-
tiple trauma to his cervical spinal cord, with a previous T12-Ll ver~
tebral compression fractures, a history of two-vessel coronary artery
bypass graft surgery in 1988, a 3 cm. abdominal aortic aneurysm, a
history of hyperlipidemia, a history of non-insulin dependent diabetes
mellitus, a history of hiatal hernia, and a hi.story of previous right
knee arthroscopy. He also had mild bilateral carpal tunnel syndrome.
He improved following the neck surgery. His headaches and neck
pain essentially disappeared, During his further postoperative
fOllow-up, he began to complain of increasing difficulties related to
the carpal tunnel syndrome, particularly with regard to his right hand
initially, He underwent surgery for the right carpal tunnel syndrome
on February 19, 1998. He improved following that surgical procedure,
He began to have increasing discomfort with his left hand, and he un-
derwent decompression of the left median nerve on March 5, 1998. He
improved following that procedure as well.
He was seen for further postoperative fOllow-up on April 17 of
1998, and his final visit was on June 19, 1998. He had been released
to return to work on Monday, May 4, driving his truck, When he
returned on June 19, he had been driving his 18 wheeler on a regular
basis, usually about 500 miles per day. When he would drive up north
toward New York on bad roads he would experience some difficulty at
times with transient soreness in his hands as the steering wheel would
wobble as he was driving over the rough roads. Overall, however, he
was doing fairly well with only some occasional cramping in the right
ring finger and some intermittent tingling in the small finger of the
right hand. Both incisions in the hands were well-healed. He had a
very mild Tinel's sign at the right cubital tunnel region but no
ulnar-distribution weakness in the right hand. At that point, it was
felt that he did not require further scheduled neurosurgical follow-
up. It was felt that if he developed increasing symptoms with regard
to his right ulnar nerve in the future then further testing and pos-
sible treatment might be indicated.
I can confirm with a reasonable degree of medical certainty, that
the injuries and surgery that Mr. Lynn had pertaining to his neck were
directly related to his automobile collision. This was a situation of
a preexistent condition aggravated by the automobile collision.
HO~lever, I cannot state with "reasonable medical certainty" that the
carpal tunnel syndrome difficulties were directly related to the
automobile collision. This is a possibility, but it is equally pos-
sible that they were unrelated. This is a very common condition. I
MDW&O
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950040
ROBERT W. LYNN and
DORIS A. LYNN, his wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS or
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 99-880 CIVIL
CIVIL ACTION-LA W
DANIEL J. ALLOW A Y,
Defendant
JURY TRIAL OF TWELVE DEMANDED
DEFENDANTS' PRE-TRIAL MEMORANDUM
I. STATEMENT OF CASE:
This case arises out ofa motor vehicle accidcnt that occurred June 30,1997. The accident
occurred at the intersection of State Route 465 and State Route II. This intersection has changed
considerably since the accident with the building and opening ofa Sheetz convenience store on the
one corner. At the time ofthe accident, Dcfendant was traveling northbound on Route 465 intending
to make a left turn onto Route II. The Plaintiff was traveling southbound on Route 465 and
intending to go straight through the intersection. There was a van or other high visibility vehicle in
the intersection coming the same direction as the Plaintiff. It is alleged that this vehicle was also
preparing to make a left-hand tum. Defendant has tcstified that as this vehicle began to make his
left-hand tam, he began to make his left-hand tUI11 since both vchicles were facing each other. At
this time, Plaintiff went around the van on the right side and the collision resulted. Neithcr of the
drivers saw each other in sufficient time to avoid thc collision.
II. DAMAGES:
See Plaintiffs' Memorandum.
III. WITNESSES:
a. Plaintiffs, as on cross-examination;
b. Defendant Daniel J. Alloway;
c. Corporal Karen Finkenbinder, Carlislc Police Department;
d. Rebecca Herr;
e. Roy F. Kotzmoyer;
f. Any rcprcsentatives of PlaintilTs trcating mcdical providers;
g. Reprcsentativc of Roadway Express; and
h. Any witness ncccssary to authcnticate a diagram of thc roadway at the time of thc
accident.
IV. EXHIBITS:
a. Photographs ofthc vehicle;
b. Diagram of the intcrscction;
c. Photographs of the intcrscction;
d. Plaintiffs mcdical rccords from Eduardo Jorge, M.D.;
e. Plaintiff's medical rccords from Moffit, Pcase & Lim Associates;
f. Plaintiff's medical records from Thcodore Bcck, M.D.;
g. Plaintiff's mcdical rccords from Russell Macaluso, M.D.;
h. Plaintiff's medical rccords from Dennis E. Line, M.D.;
1. Plaintiff's medical rccords from Neil Flenniken, M.D.;
J. Plaintiff's medical records from Robert A. Hollcn, M.D.;
k. Plaintiff's mcdical records from Harrisburg Hospital;
I. Plaintiff's medical records from Bclvcdcrc Mcdical Ccntcr;
m. Plaintiff's mcdical rccords from Applc-a-Day Mcdical Center;
n. Plaintiff's medical records from Roger Ostdahl, M.D.;
o. Plaintiff's mcdical rccords from Alexandcr Spring Rchab;
p. Plaintiff's mcdicall'ccords li'om Lehigh Valley Physiatry;
q. Plaintiff's medical rccords from USAF Military Pcrsonnel Center (V A RMC);
r. Plaintiff's mcdical rccords from Daniel P. Hely, M.D.;
s. Plaintiff's mcdical records from Philip Carcy, M.D.;
t. Plaintiff's medical records from Polyclinic Hospital;
u. Plaintiff's medical rccords from Car1islc Hospital;
v. Plaintiff's employment rccords from Roadway; and
w. Plaintiff's tax returns.
CLAIM I
Robert W. Lynn v. Daniel 1. Allowav and Giant Food Stores
16. Paragraphs I through 15 of Plaintiffs' Complaint are incorporated herein by
reference.
17. Plaintiff Robert W. Lynn sustained painful, severe and permanent injuries which
include but are not limited to a contusion to left elbow, laceration to lower lip, small disc
protrusion on left side at C7- TI, cervical spondylosis, cervical radiculitis requiring a multilevel
cervical laminectomy, laceration to the parieto-occipital scalp region at the vertex, and bilateral
carpal tunnel syndrome requiring bilateral surgery.
18. By reason of the aforesaid injuries sustained by Plaintiff Robert W. Lynn, 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.
19. Because of the nature of his injuries, Plaintiff Robert W. Lynn has been advised
and, therefore, avers that he may be forced to incur similar expenses in the future, and claim is
made therefor.
20. As a result of the aforementioned injuries, Plaintiff Robert W. Lynn has undergone
and in the future will undergo great physical and mental suffering, great inconvenience in
carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made
therefor.
5
VERI FICA nON
We, ROBERT W. LYNN and DORIS A. LYNN, have read the foregoing PLAINTIFFS'
COMPLAINT and do swear or affirm that the facts set forth in the foregoing are true and
correct to the best of my knowledge, information and belief. I understand that this Verification
is made subject to the penalties of 18 Pa.C.S.A., Section 4904, relating to unsworn falsification
to authorities.
RO~~;. ~7A~_
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ss DORIS A. LYNN
Date: 9 U t1-j?
145 I 051MLIl
. -\,
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-00880 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LYNN ROBERT W ET AL
VS.
ALLOWAY DANIEL J ET AL
STEVE WHISTLER , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within NOTICE AND COMPLAINT was served
upon ALLOWAY DANIEL J
defendant, at 19:57
19~ at 42 WOODCREST
CARLISLE, PA 17013
HOURS, on the 22nd day of February
DRIVE
,CUMBERLAND
County, Pennsylvania, by handillg to DANIEL J. ALLOWAY
a true and attested copy of the NOTICE AND COMPLAINT
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So ?~~t.
18.00
3.10
.00
8.00
$~:I.1U
K. lhomas Kllne, ~herlrr
ANGINO & ROVNER
02/25/1999
by ~L> I'm tj~_
.~ ueputy "b erltr'
Sworn and subscribed to before me
this ,1C;>f- day of 3',,-,~
19 9(; A.D.
Cl u. C. 'n14L ~
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ROBERT W, LYNN and
DORIS A. LYNN, his wife,
Plaintiffs
v,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 99-880 CIVIL
CIVIL ACTION-LA W
DANIEL 1. ALLOW A Y and
GIANT FOOD STORES,
Defendants
JURY TRIAL OF TWELVE DEMANDED
DRFRNDANTS' ANSWRR WITH NEW MATTER TO PLAINTIFFS' COMPLAINT
TO: ROBERT W. LYNN and DORIS A. LYNN, his wife, Plaintiffs, and their attorney, RICHARD A.
SAD LOCK, ESQUIRE
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW
MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAYBE
ENTERED AGAINST YOU,
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I, Admilled based on information received.
2-5, Admilled,
6, Denied, To the contrary, Defendant Daniel Alloway was on his way home from work
and therefore not in the scope of his employment.
7, Admilled,
8-9, Denied pursuant to Pa. R.C.P, 1029(e), It is further specifically denied Defendant
Daniel ], Alloway was in the scope of his employment as set forth in paragraph 6,
10- I I. After reasonable investigation, Defendants are without knowledge or information
sufficient to fonn a belief as to the tmth or falsity of the avennents contained in this paragraph. The
avemlents are thcreforc deemed denied and proof is demanded.
WHEREFORE, Defendants demand judgment in their favor and dismissal of Plaintiffs'
Complaint with prejudice,
COUNT I
Rohert W. Lynn and Doris A, Lynn v. Daniel ,I. Alloway
J 2, The averments of paragraphs I through I I of this An~wer are incorporated herein by
reference,
13, Denied pursuant to Pa: R,C.P. 1029(e), It is further specifically denied Defendant
Daniel J, Alloway was in the scope of his employment as set forth in paragraph 6,
WHEREFORE, Defendants demand judgment in their favor and dismissal of Plaintiffs'
Complaint with prejudice,
COlJNT II
Robert W. L)'illu\lIlI Doris A--L)IDU'....Ginnt Food S1o.rcs
14, The avennenls ofparagraphs I through 13 of this Answer arc incorporated herein by
reference.
15. Denied pursuant to Pa, R,C,P, 1029(e), It is further spceifically denied Defendant
Daniel J. Alloway was in the scope of his employment as set forth in paragraph 6,
WHEREFORE, Defendants demand judgment in their favor and dismissal of Plaintiffs'
Complaint with prejudice,
CLAIM I
Robert W. Lynn v. Daniel,'. Alloway and Giant Food Stores
16. The avennents of paragraphs 1 through 15 of this Answer are incorporated herein by
reference,
17-26, Denied pursuant to Pa, R,C.P, 1029(e),
WHEREFORE, Defendants demand judgment in their favor and dismissal of Plaintiff.~'
Complaint with prejudice,
CLA'M JJ
Doris A. '.ynn v. Daniel J. Alloway v. Giant Food Stores
27, The avennents of paragraphs I through 26 of this Answer are incorporated herein by
reference.
28. Denied pursuant to Pa. R,C.P. 1029(e),
WHEREFORE, Defendants demand judgment in their favor and dismissal of Plaintiffs'
Complaint with prejudice,
NRW MATTRR
29. The avennents of paragraphs 1 through 28 of this Answer are incorporated herein by
reference,
30. The Plaintiffs' claims are barred by the applicable Statute of Limitations,
31. The Plaintiffs' recovery is barred or reduced by the Pennsylvania Motor Vehicle
Financial Responsibility Law as amended,
32, Plaintiffs or their representatives chose the limited tort option by signing a valid
selection fonn.
33, Plaintiffs' injuries do not involve death, serious impainnent of bodily function or
pemlanent disfigurement.
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VERIFICATION
We, ROBERT W, LYNN and DORIS A. LYNN, have read the foregoing PLAINTIFFS'
REPLY TO NEW MATTER and do swear or affirm that the facts set forth in the foregoing
are tme and correct to the hest of m)' knowledge, information and helief. !understand that this
Verification is made subject to the penalties of 18 Pa,C,S,A" Section 4904, relating to unsworn
falsification to authorities.
f)~ {J X'~/&lU
Witness
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ROBERT W,1...YNN
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itness "/
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DORIS A, LYNN
Date: 19-1/P'/! C)f
145105/MLB
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
ROBERT W LYNN
Vs.
ALLOWAY & GIANT FOOD
No. 99 880
TO: RICHARD SADLOCK, ESQ
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
DEFENDANT intends to serve a subpoena(s) identical to
the one(s) atta.ched to this notice. You have twenty (20) days
from the date listed below in which to file.of record and serve upon
the undersigned an objection to the subpoena. If no objection is
made the subpoena may be served.
Date: 4/9/99 - GEORGE FALLER, ESQUIRE
10 E HIGH ST
CARLISLE, PA 17013
ATTORNEY FOR DEFENDANT
INQUIRIES SHOULD BE ADDRESSED TO:
MEDICAL LEGAL REPRODUCTIONS, INC.
4940 DISSTON STREET
PHILADELPHIA, PA 1'9135
(215) 335-3590
By: Margaret Basiura
Enc (s) : Copy of subpoena(s)
Counsel return card
File #: M250600
<XJtoH>NWEALTH OF PFNlSYLVANIA
CXXJNlY OF ~
99880
File No.
ROBERT W LYNN, ET AL
VS.
DANIEL J ALLOWAY &
GIANT FOOD
SUBPOENA TO PROOUCE DOa.JoENTS 00 TH I NGS
FOO DISOOVERY PURSUANT TO RULE 4009.22
T09ARLISI~E HOSP
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court tc
produce the following docunenh or things:
-
**SEE ATTACHED ADDENDUM**
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S INC 4940, DISS'l'UN:>'1' ~llILA FA 19139
MEDICAL LEGAL REPRODUCTION (Address)
You may deliver or mail legible copies of the docunents or produce things requested h
this subpoena, together with the certificate of C01llliance, to the party making thi
request at the address I isted above. You have the right to seek in advance the reasonab 1
cost of preoaring the copies or producing the things sought.
I f you fai I to produce the docunents or things required by this subpoena within t",ent~
(20) days after its service, the party serving this subpoena may seek a court orde'
c:arpelling you to carply with it.
TH I S SUBPOENA WAS I SSUEO AT THE REQleST OF THE FOLLOt'II NG PERSON:
NA/'E .
. GIWK\3~ B fALLER JR, ESQ
ADDRESS :
10 E HIGH ST
CARLISLE PA 17913
TELEPH:lNE: (215\ 335-3212
SU'REl'E OOURT I D It 19813
ATTORNEY FOR: DEFENDANT
DATE:_ L~l"j! :). /999
eal of 'the Court
BY Tl-iE OOJRT:
[,-<-",," ,12 ~~ F'
Prothonotaryl lar , Civi I
=:):-y ~ C. /Jf.-, P 0 ~
Division
Deputy
(Eff. 1/97)
a:JIoM)NWEALTH OF PmNSYLVlINIA
<nlN1'Y OF CUIolI3l'1UAND
99880
File No.
ROBERT W LYNN, ET AL
VS.
DANIEL J ALLOWAY &
GIANT FOOD
SU3POENA TO PRODUCE DOC:l..t'etITS OR TH I N3S
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO~EHIGH VALLEY PHYSIATRY
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court t
produce the fOllowing docunentO'l or things:
**SEE ATTACHED ADDENDUM**
at
MEDICAL LEGAL REPRODUCTIONS INC 4(A~~i;).U~ Sf
You may deliver or mail legible copies of the docunents or produce things requested t
this subpoena, together with the certificate of ccrrpliance, to the party making th,
request at the address listed above. You have the right to seek in advance the rea~onab 1
cost of preparing the copies or producing the things sought.
PUILA 1:'11. 19IJS
If you fail to produce the documents or things required by this subpoena within twent
(20) days after its service, the party serving thi5 subpoena may seek a court orde
c:arpe Il;ng you to canp Iy with it.
THIS SUBPOENA WAS ISSUED AT THE REQlEST OF THE FOLLONING PERSON:
NA/'E .
. G~UKu~ tl rALLEK JR, ESQ
ADDRESS :
10 E HIGH ST
~~K~ISLE FA 17013
TELEPI-KlNE: (215) 335-3212
SU'REI"E COJRT I D 1* 4 91n 3
ATTORNEY FOR: DEFENDANT
DATE:
~",'p 9' i9(i q
S al of the Court
BY THE COURT:
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Deputy
Division
(Eff. 1/97)
C(X.M)NWEALTH OF PmNS'iLVANIA
axJN1'Y OF aJMBmL1IND
99880
File No.
ROBERT W LYNN, ET AL
VS.
DANIEL J ALLOWAY &
GIANT FOOD
SUBPOENA TO PROI).JCE DOa.tEIITS OR T1-t I NGS
FOR DISCOVERY PURSUANT TO RUlE 4009.22
TO~ELVEDERE MED CTR
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court tc
produce the following docunenbl or things:
_.
**SEE ATTACHED ADDENDUM**
at
MEDICAL LEGAL REPRODUCTIONS INC 4(A4Jr~is:;):;'1'U~ 6'1
PIIILA FA 191J5
You may deliver or mail legible copies of the docunents or produce things requested h'
this subpoena, together with the certificate of carpliance, to the party making thi
request at.. the address listed above. You have the right to seek in advance the reasonab 1,
-cost of preparing the copies or producing the things sought.
I f you fai I to produce the docunents or things required by this subpoena within t\o!entl
(20) days after its serv~ce, the party serving thi:; subpoena may seek a court orde'
ccrrpel1ing you to carply with it.
T1-t I S SUBPOENA WAS I SSUED AT THE REQlEST OF THE FOLLON I NG PERSON:
NA/oE' _",,,,,
. u~UKu~ a FALLER JR~
ADDRESS :
10 E HIGH ST
~~KLI5LE PA 17913
TELEPH:lNE: (?' 5 \ 335-3212
SU"REI'E <:CUlT I D # 19l1B
ATTORNEY FOR: DEFENDANT
DATE:
o~ ;' /~ ,'('/
S I of the Court
BY THE COURT:
(~~~~~~~k~~il Division
CL U",.L- Ct: ~. Rjl,,'
/ / Deputy
(Eff. 1/97)
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IN THE COURT OF COMMON PLEAS OF' CUMBERLAND COUNTY
LYNN, ET AL
Vs.
ALLOWAY, ET AL
NO. 99880
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena(s) for documents and things
pursuant to Rule 4009.22 GEORGE FALLER, ESQUIRE certifies that:
1. A Notice of Intent to Serve the Subpoena(s) with a copy of
the subpoena(s) attached thereto was mailed or delivered to
each party at least twenty days prior to the date on which
the subpoena(s) is sought to be served,
2. A copy of the Notice of Intent, including the proposed
subpoena(s) is attached to this certificate,
3. No objection to the subpoena(s) has been received, and
4. The subpoena(s) which will be served is identical to
the subpoena(s) which is attached to the Notice of Intent
to Serve the Subpoena(s) .
Date:
5/13/99
GEORGE FALLER, ESQUIRE
10 E HIGH ST
CARLISLE, PA 17013
215-243-334,1
ATTORNEY FOR DEFENDANT
INQUIRIES SHOULD BE ADDRESSED TO:
MEDICAL LEGAL REPRODUCTIONS; INC.
4940 DISSTON STREET
PHILADELPHIA PA 19135
(215) 335-3590
File #: M251232-08
By: Margaret Bas iura
<nMJNWFALTH OF PmNSYLVANIA
CXXJNTY OF Cli4BEm.l\m
99880
File No.
ROBERT W LYNN, ET AL
VS.
DANIEL J ALLOWAY &
GIANT FOOD
~NA TO P!!OOIXE OOCLtENTS OR THIOOS
FOR 0 I SOOVERY ~SUANT TO RULE 4009. 22
TO:DR JOHN STRATIS
(NlI1le of Person or Ent ity)
Within twenty (20) days after service of this subpoena,
produce the fOllowing doeunent!l or things:
,
you are OI"dered by the court tc
**SEE ATTACHED ADDENDUM**
at_
MEDICAL LEGAL REPRODUCTIONS INC 4(A~gs~~STON ~~
You may deliver or mail legible copies of the docunents 01" produce things requested b
this subpoena, together with the certificate of COll>liance, to the party making thi
request at the address I isted above. You have the right to seek in advance the rea,;onab I
cost of preparing the copies 01" producing the things sought.
l:'11.LLA PA 19135
I f you fai I to produce the docunents 01" things required by this subpoena within t",ent.
(20) days after its serv~ce, the party serving thi:; subpoena may seek a court orde;
cx::rrpel 1 ing you to <:arp'y with it.
THIS SUBPOENA WAS ISSUED AT THE REQlEST OF THE FOLLCNlING PERSON:
NAI'E :
GEORGE B ~'ALLI!.1<. JR, ESQ
ADDRESS :
10 E HIGH ST
CARL.L~L~ l:'A 11613
TELEPHONE: ('1") 335-3212
SU'RE!1: COORT 10 # 49813
ATTORNEY FOR: DEFENDANT
DATE:
~. Jl?, /1q9
al of the Court
BY THE OOJRT:
~ R ~cii'~'
Prothonot I erk, Civil
Cfr--a ~QU~~
Deputy
Oivision
(Eff. 1/97)
ADDENDUM TO SUBPOENA
LYNN, ET AL
Va.
ALLOWAY, ET AL
No. 99880
CUSTODIAN OF RECORDS FOR: DR NEIL FLENNIKEN
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ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE,
MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER
INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO:
NAME: ROBERT W LYNN
ADDRESS: 28 CENTER RD NEWVILLE PA
DATE OF BIRTH: 03/11/37
SSAN: 208286272
CERTll<'lliD PHOTOCOPIES OF THE RECORDS WILL BE
ACCEPTED IN LffiU OF YOUR PERSONAL APPEARANCE.
County of: CUMBERLAND
MLR File #: M251232-08
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. t IN THE COURT OF COMMON PLEAS OF CUMBERLAi'lD COUNTY
LYNN, ET AL
Vs.
ALLOWAY, ET AL
NO. 99880
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena(s) for documents and things
pursuant to Rule 4009.22 GEORGE FALLER, ESQUIRE certifies that:
1. A Notice of Intent to Serve the Subpoena(s) with a copy of
the subpoena(s) attached thereto was mailed or delivered to
each party at least twenty days prior to the date on which
the subpoena(s) is sought to be served,
2. A copy of the Notice of Intent, including the proposed
subpoena(s) is attached to this certificate,
3. No objection to the subpoena (s) has been received, and
4. The subpoena(s) which will be served is identical to
the subpoena(s) which is attached to the Notice of Intent
to Serve the Subpoena (s) .
Date:
6/8/99
GEORGE FALLER, ESQUIRE
10 E HIGH ST
CARLISLE, PA 17013
215-243-3341
ATTORNEY FOR DEFENDANT
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INQUIRIES SHOULD BE ADDRESSED TO:
MEDICAL LEGAL REPRODUCTIONS, INC.
4940 DISSTON STREET
PHILADELPHIA PA 19135
(215) 335-3590
File #: M252115-01
By: Margaret Basiura
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
ROBERT W LYNN
Vs,
ALLOWAY, ET AI"
No. 99880
TO: RICHARD SADLOCK, ESQ
NOTICE OF' INTENT TO SERVE A SUBPOENA TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
DEFENDANT intends to serve a subpoena(s) identical to
the one(s) attached to this notice. You have twenty (20) days
from the date listed below in which to file of record and serve upon
the undersigned an objection to the subpoena. If no objection is
made the subpoena may be served.
Date: 5/18/99 GEORGE FALLER, ESQUIRE
10 E HIGH ST
CARLISLE, PA 17013
ATTORNEY FOR DEFENDANT
INQUIRIES SHOULD BE ADDRESSED TO:
MEDICAL LEGAL REPRODUCTIONS, INC.
4940 DISSTON STREET
PHILADELPHIA, PA 19135
(215) 335-3590
By: Margaret Basiura
Enc(s) : Copy of subpoena(s)
Counsel return card
File #: M252115
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ROBERT W, LYNN and
DORIS A, LYNN, his wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO. 99-880 CIVIL
CIVIL ACTION-LA W
DANIEL J. ALLOWAY and
GIANT FOOD STORES,
Defendants
JURY TRIAL OF TWELVE DEMANDED
ORDER
AND NOW, this :2 'd day of fd;vv~ ' 2000, upon consideration of the
foregoing Stipulation oftilc Parties, it is hereby ordered that:
(I) Giant Food Storcs be dismisscd with prejudice as a Defendant in the above captioned
malter,
BY THE COURT,
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MARTSON D"AItOI.1Rr:F WILLIAMS 6: OTTO
MI2W&O
JAN 3 1 2000 '"
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" . \~ '
TEN EAST HIGH STREET
CARLISLE. PENNS\'LVAN/A 17013
CERTIFICATE OF SERVICE
I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams & Ollo, hcrcby
certify that a copy ofthe foregoing Stipulation ofthe Parties was scrved this datc by depositing same
in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Richard A. Sad lock, Esquire
ANGINO & ROVNER, P.C.
4503 North Front Street
Harrisburg, PAl 71 10-1708
MARTSON DEARDORFF WILLIAMS & OTTO
By. )~tJ1Ar& If,,\fVLul^~
Nichole L. Myers C
Ten East High Street
Carlisle, PA 17013
(7 17) 243-3341
Dated: January 28, 2000
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-00880 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LYNN ROBERT W ET AL
VS
ALLOWAY DANIEL J ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
CENTRAL PENNSYLVANIA TEAMSTERS HEALTH & WELFARE FUND
but was unable to locate Them
in his bailiwick, He therefore
deputized the sheriff of BERKS
serve the within COMPLAINT & NOTICE
County, Pennsylvania, to
On March
7th , 2000 , this office was in receipt of the
attached return from BERKS
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep, Berks Co
so:~~~
- ~---:Z~
R, T 'omas Kline
Sheriff of Cumberland County
18,00
9,00
10,00
30.25
,00
67,25
03/07/2000
MARTSON, DEARDORFF,
WILLIAMS
Sworn and subscribed to before me
this ;20 'It:::.. day of ~
.;L1rVV A, D ,
n !t-<- Q, ~<...- ~
~ ~rothonotary .
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-00880 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LYNN ROBERT W ET AL
VS
ALLOWAY DANIEL J ET AL
CPL, MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County, pensylvania, who being duly sworn according to law,
says, the within SUBPOENA
was served upon
KOTZMOYER ROY F
the
DEFENDANT
, at 0010:29 HOURS, on the 6th day of March
, 2000
at BAISH'S BODY SHOP
1249 HOLLY PIKE
CARLISLE, PA 17013
by handing to
ROY F, KOTZMOYER
a true and attested copy of SUBPOENA
together with
and at the same time directing His attention to the contents thereof,
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So AnSW,.e:; ~ ~..L
~~1~~
R, Thomas KlAn~ .__"'
18,00
3,10
,00
10,00
.00
31,10
03/07/2000
MARTS ON , DEARDORFF, WILLIAMS
BY~qf'~/C7 J
~--/Z--f ~
Deput Sheriff
/
Sworn and Subscribed to before
h. ~ /C.
me t ~s ",-0
day of
~ .,2-rnro A,D,
n u C rn.dp,. _ A PnT<J
~prothonotary , 7