HomeMy WebLinkAbout99-03078
DOUGLAS, DOUGLAS & DOUGLAS WILLIAM P. DOUGLAS, ESQ.
27 W. HIGH ST. Supreme Court LD.# 37926
POB 261
CARLISLE PA 17013 GEORGE F. DOUGLAS, 111, ESQ.
TELEPHONE. 717-243.1790 Supreme Court I.D.# 61886
GREG A. SNODY,
585 Harvest Drive,
Harrisburg, PA 17111, PLAINTIFF
SAMANTHA R. SHOWERS,
R.D. 1, Box 80A,
Newport, PA 17074,
DEFENDANT
To: Curtis R. Long, Prothonotary
CIVIL ACTION LAW
PRAECIPE
Please issue a writ of summons in a civil action against the
within-named defendant.
DOUGLAS, DOUGLAS & DOUGLAS
Date: May 20, 1999 by??
Attorney for the P1 mT iff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
1999- 307f_CIVIL TERM
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Commonwealth of Pennsylvania
County of Cumberland
Greg A. Snody
585 Harvest Drive
Harrisburg, Pa. 17111
Court of Common Pleas
vs
No. 99_3078_Ciyil Terns --------------- 19
Samantha R.Showers Civil Action-Law
R. D. #1, Box 80A i° -- ---------------------------
---------------
Newport, Pa. 17074
To _Samantha_R_Shcaaers.--------------------
You are hereby notified that
---- Greg A a _Snarly------------------------------
-----------------------------------------------
the Plaintiff has commenced an action in __Livil 7aw_______hSlY_S2f_S1IICm -----------------
against you which you are required to defend or a default judgment may be entered against you.
(SEAL)
----- clirtis_ R:-1-nag--------------------------
Ptothonotary
Date MaX_20---------------------- 19-99 By -- --
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WILLIAM P. DOUGLAS, ESQUIRE
ATTY. I.D. # 37926
DOUGLAS, DOUGLAS & DOUGLAS
27 W. HIGH ST.
POB 261
CARLISLE PA 17013
TELEPHONE 717-243-1790
ATTORNEY FOR PLAINTIFF
GREG A. SNODY : IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PA
V. : CIVIL ACTION - LAW
SAMANTHA R. SHOWERS ; : NO. 1999-03078 CIVIL TERM
JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST
THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE
ACTION WITHIN TWENTY 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 HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
Legal Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
DOUGLAS, DOUGLAS & DOUGLAS
By
Dated: ?(, - C iO1 Attorney for Plaintiff
COMPLAINT
1. The plaintiff, Greg A. Snody, is an adult individual residing at 585
Harvest Drive, Harrisburg, Dauphin County, Pennsylvania.
2. The defendant, Samantha R. Showers, is an adult individual
residing at R. D.1, Box 80A, Newport, Perry County, Pennsylvania.
3. On or about October 13, 1998, at approximately 4 P.M., the plaintiff
was operating a 1998 Ford Explorer and was sitting still on the Route 15 South
ramp in the area of Simpson Ferry/Gettysburg Roads, and was waiting for traffic
to clear.
4. At about the same time and place, the defendant was operating a
1983 Chevrolet Cavalier on the same ramp. She failed to stop her vehicle and
struck the vehicle occupied by the plaintiff.
5. The accident occurred as a direct and proximate result of the
negligence of the defendant.
6. The defendant was negligent in the following respects:
(a) In failing to maintain a proper lookout;
(b) In failing to drive within the assured clear distance ahead;
(c) In failing to yield the right-of-way to vehicles lawfully on the
roadway, and
(d) In failing to maintain control of her vehicle at all times.
7. As a direct and proximate result of the negligence of the defendant,
the plaintiff was injured. Those injuries include, but are not limited to:
aggravation of a pre-existing low back condition, and injury to his cervical spine
resulting in cervical fusion.
8. As a direct and proximate result of the injuries suffered by the
plaintiff, he has undergone and will continue to undergo great pain, suffering,
disfigurement, aggravation, inconvenience, embarrassment, mental anguish,
emotional and psychological trauma, and loss of life's pleasures.
9. As a direct and proximate result of the accident, the plaintiff has
incurred medical expenses, which may exceed those covered by the Motor
Vehicle Financial Responsibility Act.
10. The plaintiff has incurred, and may continue to incur, expenses to
assist him in his day-to-day living.
11. As a direct and proximate result of the accident, the plaintiff has
lost wages, may continue to do so in the future, and his economic horizons may
be limited.
WHEREFORE, it is prayed that judgment be entered in favor of the
plaintiff and against the defendant in an amount in excess of that requiring
compulsory arbitration under the Local Rules of Court. A jury trial is hereby
demanded.
DOUGLAS, DOUGLAS & DOUGLAS
Dated: S - a(o - C?q
By
William P. Douglas, Esquire
Attorney for Plaintiff
27 West High Street
Carlisle, PA 17013
717-243-1790
COMMONWEALTH OF PENNSYLVANIA )
SS.
.COUNTY OF CUMBERLAND )
COMMONWEALTH OF PENNSYLVANIA )
SS.
COUNTY OF CUMBERLAND )
VERIFICATION
I verify that the statements made in the foregoing document are true and
correct, to the best of my knowledge, information, and belief. I understand that
false statements herein made are subject to the provisions of 18 Pa. C.S.A. § 4904
relating to unsworn falsification to authorities.
Date Greg A. Sn y
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GREG A. SNODY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1999-03078 CIVIL TERM
JURY TRIAL DEMANDED
V.
SAMANTHA R. SHOWERS,
Defendant
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter the appearance of undersigned counsel on behalf of Defendant, Samantha R.
Showers.
METZGER,
By
Dated: June 11, 1999
KNAUSS & ERB, P.C.
Attorney I.D. No. 61904
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Defendant
11"mem M: 135066.1
CERTIFICATE OF SERVICE
AND NOW, this I I" day of June, 1999, I, Richard B. Druby, Esquire, of Metzger,
Wickersham, Knauss & Erb, P.C., attorneys for Defendant, hereby certify that I served a copy of
the within Praecipe for Entry of Appearance this day by depositing the same in the United States
mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to:
William P. Douglas, Esquire
Douglas, Douglas & Douglas
P.O. Box 261
Carlisle, PA 17013
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GREG A. SNODY OIN THE COURT OF F CUMBERLAND COUN LEAS
V. CIVIL ACTION - LAW
NO. 1999-03078 CIVIL TERM
SAMANTHA R. SHOWERS : JURY TRIAL DEMANDED
PROOF OF SERVICE
Please file this proof of service on the defendant, Samantha R. Showers, in
this case.
DOUGLAS, DOUGLAS & DOUGLAS
By •
June 15, 1999 William P. Douglas, Esquire
Attorney for Plaintiff
Atty. I.D. #37926
27 West High Street
P.O. Box 261
Carlisle, PA 17013
717-243-1790
GREG A. SNODY : IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PA
V. : CIVIL ACTION - LAW
: NO. 1999-03078 CIVIL TERM
SAMANTHA R. SHOWERS : JURY TRIAL DEMANDED
ACCEPTANCE OF SERVICE
Service of the writ of summons is hereby accepted.
GGfl(lh?k //v_7ur°?
June 12 1999 Sa antha R. o e s
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GREG A. SNODY,
Plaintiff
V.
SAMANTHA R. SHOWERS,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1999-03078 CIVIL TERM
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: Greg A. Snody, Plaintiff
and
William P. Douglas, Esquire
Douglas, Douglas & Douglas
P.O. Box 261
Carlisle, PA 17013
Attorneys for Plaintiff
You are hereby notified to plead to the enclosed New Matter within twenty (20) days from
service hereof or a default judgment may be entered against you.
METZGER, WIt;KER$HAM, KNAUSS & ERB, P.C.
By
Dated: IO/ 1 , /qq
Richard B. Druby, Esquire
Attorney I.D. No. 61904
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Defendant
Dmumcn! #155509
GREG A. SNODY, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
1\10. 1999-03078 CIVIL TERM
SAMANTHA R. SHOWERS,
Defendant JURY TRIAL DEMANDED
DEFENDANT'S ANSWER WITH NEW MATTER
1. After reasonable investigation, Defendant is without knowledge or information
sufficient to form a belief as to the truth of the averments, and they are therefore denied.
2. Admitted in part and denied in part. It is admitted that Defendant, Samantha R.
Showers, is an adult individual. The remaining allegations of paragraph #2 are specifically
denied.
3. After reasonable investigation, Defendant is without knowledge or information
sufficient to form a belief as to the truth of the averments, and they are therefore denied.
4. Denied. The allegations of paragraph 44 are specifically denied and proof thereof
is demanded.
5. Conclusion of law, to which no answer is required. If an answer is required, the
allegations of paragraph #5 are specifically denied.
6. (a)-(d) The allegations of paragraph 46, including subparagraphs (a) through (d),
are conclusions of law, to which no answer is required. If an answer is required, the allegations
of paragraph 96, including subparagraphs (a) through (d), are specifically denied.
Documrnl of 155509
7. Conclusion of law, to which no answer is required. If an answer is required, it is
specifically denied that the Defendant was negligent or that any action or inaction on the part of
the Defendant in any way caused or contributed to Plaintiff's alleged injuries. As for the
remaining allegations of paragraph #7, after reasonable investigation, Defendant is without
knowledge or information sufficient to form a belief as to the truth of the averments, and they are
therefore denied.
8. Conclusion of law, to which no answer is required. If an answer is required, it is
specifically denied that the Defendant was negligent or that any action or inaction on the part of
the Defendant in any way caused or contributed to Plaintiff's alleged injuries. As for the
remaining allegations of paragraph 48, after reasonable investigation, Defendant is without
knowledge or information sufficient to form a belief as to the truth of the averments, and they are
therefore denied.
9. Conclusion of law, to which no answer is required. If an answer is required, it is
specifically denied that the Defendant was negligent or that any action or inaction on the part of
the Defendant in any way caused or contributed to Plaintiffs alleged injuries. As for the
remaining allegations of paragraph 49, after reasonable investigation, Defendant is without
knowledge or information sufficient to form a belief as to the truth of the averments, and they are
therefore denied.
10. Conclusion of law, to which no answer is required. If an answer is required, after
reasonable investigation, Defendant is without knowledge or information sufficient to form a
belief as to the truth of the averments, and they are therefore denied.
-2-
Document 0155509
ii. Conclusion of law, to which no answer is required. If an answer is required, it is
specifically denied that the Defendant was negligent or that any action or inaction on the part of
the Defendant in any way caused or contributed to Plaintiffs alleged injuries. As for the
remaining allegations of paragraph #11, after reasonable investigation, Defendant is without
knowledge or information sufficient to form a belief as to the truth of the averments, and they are
therefore denied.
WHEREFORE, Defendant, Samantha R. Showers, demands that Plaintiffs Complaint be
dismissed and that judgment be entered in her favor and against the Plaintiff, plus costs of this
action.
NEW MATTER
12. Paragraphs #1 through #11 are incorporated herein by reference.
13. Plaintiffs claim is barred, in whole or in part, by the provisions of the
Pennsylvania Motor Vehicle Financial Responsibility Law.
14. Plaintiffs claim is barred, in whole or in part, by the selection of a limited tort
option on applicable policies of insurance.
15. It is believed and therefore averred that Plaintiff has failed to mitigate his
damages.
16. Defenses reserved pursuant to Pa.R.C.P. 1030(6) and all other defenses not
required to be pleaded are hereby reserved.
17. Plaintiffs claim is barred, in whole or in part, by the applicable statute of
limitations.
_3_
DaUlcntp155509
t
18. If Plaintiff sustained damages as alleged, of which strict proof is demanded, the
same were caused by conditions for which Defendant is not responsible and/or the damages were
not causally related to this accident.
METZGER, WICKES?I IAM, KNAUSS & ERB, P.C.
By
Dated: l 12-? / `/
'Richard B. Druby, E quir
Attorney I.D. No. 61
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Defendant
-a-
Docu nl 0155509
VERIFICATION
I, Samantha R. Showers, hereby certify that the.facts set forth in the foregoing Defendant's
Answer with New Matter are true and correct to the best of my knowledge, information and belief,
and that false statementsberein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to
unswom falsification to authorities.
S tha R. Showe
Date: (o Z3 9 `?
DOCUMMI M 15$509
CERTIFICATE OF SERVICE
AND NOW, this day of June, 1999, I, Richard B. Druby, Esquire, of Metzger,
Wickersham, Knauss & Erb, P.C., attorneys for Defendant, hereby certify that I served a copy of
the within Defendant's Answer with New Matter this day by depositing the same in the United
States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to:
William P. Douglas, Esquire
Douglas, Douglas & Douglas
P.O. Box 261
Carlisle, PA 17013
Docum ,,#153509
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GREG A. SNODY : IN THE COURT OF COMMON PLEAS
VS. : OF CUMBERLAND COUNTY, PENNA.
SAMANTHA R. SHOWERS : CIVIL ACTION LAW
: NO. 1999-03078 Civil Term
: Jury Trial Demanded
REPLY TO NEW MATTER
12-18. Denied pursuant to Pa. R.C.P. 1029 (e).
WHEREFORE, it is prayed that the Defendants New Matter be dismissed.
Douglas, Douglas r?ouglas
B - , Fft Inn
William P. Douglas, squir
Attorney for Plaintiff
27 W. High St.
Carlisle, PA 17013
Dated: June 30, 1999
Affidavit
This verification is made pursuant to Pa.R.C.P 1024(c) by counsel for the
plaintiff.
To the best of the signer's knowledge, information and belief, the foregoing is
true and correct.
Dated: June 30, 1999
VAL-
William P. Douglas
Attorney for plainti
YOU ARC Mr R(RI RLOUIRLD TO FILL A
WMITL(N Rrtross, To LNL (Ncj0srn DOUGLAS. G`OL'G LAS 6 Dou ,t.:..S
M11MIM MINTY IS01 0415 rpON SrRUIcr
NCRCOF OR A JUDO M(N. MAY N, A'iC VN[.?.: n? Iaw
CNICRLO AGAINST IOU.
er
Alf ONN(T C:+ai c; t,t r.. ._vv:Ap14
WE PC, Nr. HIDY C!'RIIIY Y)w TIIL
A ITN IN I% A IN {If 4ND CON., CT COPY
OF INr PhIGINAL rILCD IN TNIS
•GTIcn.
PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please fist the following case:
(Check one) ( x ) for JURY trial at the next term of civil court.
( ) for trial without a jury.
CAPTION OF CASE
(entire caption must be stated in full)
Greg A. Snody
(Plaintiff)
VS.
Smanatha R. Showers
(Defendant)
VS.
(check one)
( ) Assumpsit
( ) Trespass
(x ) Trespass (Motor Vehicle)
(other)
The trial list will be called on
gha August 17, 1999
Trials commence on September 13, 1999
Pretrials will be held on August 25, 1999
(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.)
1999- 03078
No. _ Civil _
19---
Indicate the attorney who will try case for the party who files this praecipe: _
William P. Douglas Esquire, attorney for Plaintiff
indicate trial counsel for other parties if known:
Richard B. Druby, Esquire, Metzger Wickersham, P.O. Box Ob 32Tr?-one 5't--'
-Harrisburg, PA 17110-0300; 717-238-8187
This case is ready for trial.
Date: ggy _,
V•>Vl? 9 .)0tV4
Signed:
William P. Douglas
Print Name:
Plaintiff
Attorney for:
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-03078 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SNODY GREG A.
vs.
SHOWERS SAMANTHA R
R. Thomas Kline Sheriff, who being duly sworn according
to law, says, that he made a diligent search and inquiry for the within
named defendant, to wit: SHOWERS SAMANTHA R
but was unable to locate Her in his bailiwick. He therefore
deputized the sheriff of PERRY COUNTY
County, Pennsylvania.
to serve the within WRIT OF SUMMONS
On June 16th, 1999 this office was in receipt of
the attached return from PERRY COUNTY
County, Pennsylvania.
Sheriff's Costs: So answ s:
Docketing 18.00
Out County 9.00
Surcharge
8.00 omas in
Perry County Cost 23.80 eri
Not Found 5.00
,`63 80 DOUGLF?S DOUGLAS & DOUGLAS
06/16 1J99
Sworn and subscribed to before me
this . Zjq- day of
19q2 A.D.
r At d1' y --
SHER MF'S RETURN
In the Court of Common Pleas
of Perry County, Pennsylvania
Gary A. Snody NO. 99-3078
vs
Samantha R. Showers
George W. Frownfelter, Sheriff, who being duly sworn according to law, says that he
made a diligent search and inquiry for the within named Defendant to wit, Samantha R.
Showers, but was unable to locate her in his bailiwick. He therefore returns the Writ of
Summons "NOT FOUND ", as to the within named Defendant Samantha R. Showers.
Ms. Showers lives in the Harrisburg area.
Sworn and subscribed to before me
this »+ti day of .4,y 1999.
-- ......./-
Answers
GC
orge W.r fe r
Sheriff of Perry County
MOVApIAl STEAL !
KAREN A. CMY.;:lAY, N,; tor, ^cb'ic i
6100mficiri f:aru. N^;;y t:oaa?, P:. y
y Ccrarni;;i _+,i Expirct l?r.r: 19, YGip ;
In The Court of Common Pleas of Cumberland County, Pennsylvania
Gred Snody
VS.
Samantha Showers
No. 99-3078 Civil 19
Now, 5/24/99 19_, I SHERIFF OF CUMBERLAND COUNTY, PA do hereby deputize the Sheriff of
Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, Pa.
Affidavit of Service
Now,
at
by handing to
attested copy of the original
the contents thereof.
So answers,
Sheriff of
COSTS
Sworn and subscribed before
me this - day of,_
SERVICE S
19 MILEAGE
AFFIDAVIT
S
191
o'clock M, served the
County, Pa.
a true and
and made known to
¦
?I
Commonwealth of Pennsylvania
County of Cumberland
Greg A. Snody
585 Harvest Drive
Harrisburg, Pa. 17111
VD.
Samantha R.Shoaers
R. D. #1, Box 80A
Newport, Pa. 1.7074
Court of Common Pleas
No. 99_3078_Ciyil Tezm ______________ 19
ht __ Ciyil Action _Law
-----------------------
To -Sataritha-R-Sbowel'S ---------------------
you are hereby notified that
Gre A_ Snod -----------------------------------------------
the Plaintiff has commenced an action in __LiviL.Law-----=-YfLlt_S2E_SS?C?°Lts -----------------
against you which you are required to defend or a default judgment may be entered against you.
TRUE MPY i"i3tr>:re FACE:^i O
In Tori':1;ony - rih nrol. I t?tn unto hind
,Xd t i% ; W! of Seid rotr7 A Pa.
(SEAL) Tt{i ? dq Ot_
Prothonotary
- ?prtis_F?__Long--------------------------
Prothonotary
Date MaY__10---------------------- 19-99
By 44??1a-----------
Deputy
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GREG A. SNODY, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
NO. 1999-03078 CIVIL TERM
SAMANTHA R. SHOWERS,
Defendant JURY TRIAL DEMANDED
DEFENDANT'S OBJECTIONS TO PLAINTIFF'S LISTING CASE FOR TRIAL
I . Plaintiff filed his Complaint on May 26, 1999.
2. On or about June 29, 1999, Defendant filed her Answer with New Matter within
an agreed upon extension of time.
3. On June 30, 1999, Plaintiff filed his Reply to New Matter.
4. On that same day, Plaintiff listed this case for trial for the September 13, 1999,
term.
5. Defendant has not had the opportunity to participate in either written discovery or
depositions.
6. Plaintiff has made a number of allegations regarding injuries he allegedly
sustained in the accident. However, Defendant has not yet had the opportunity to obtain a full
and complete copy of Plaintiffs pre and post-accident medical records.
7. Furthermore, Defendant has not had the opportunity to consider an independent
medical examination or other expert issues.
8. Accordingly, this matter is not ripe for trial and Defendant would be prejudiced by
this matter being tried during the September 1999 term.
Ibcumem #156368
9. This matter should be stricken from the September trial list so that the parties
have full and complete opportunity to participate in discovery.
Respectfully submitted,
METZGER, WICJ?AM, KNAUSS & ERB, P.C.
By-
Richard B. Druby<
Attorney I.D. No. 6t904
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Defendant
Dated: July 12, 1999
-2-
Document #156368
CERTIFICATE OF SERVICE
AND NOW, this 12"' day of July, 1999, I, Richard B. Druby, Esquire, of Metzger,
Wickersham, Knauss & Erb, P.C., attorneys for Defendant, hereby certify that I served a copy of
the within Defendant's Objections to Plaintiff's Listing Case for Trial this day by depositing the
same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to:
William P. Douglas, Esquire
Douglas, Douglas & Douglas
P.Q. Box 261
Carlisle, PA 17013
i
lbcumcnt #156369
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PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
(Check one) ( X ) for JURY trial at the next term of civil court.
........................................ ( ) for trial without a jury.
..........................
CAPTION OF CASE
(entire caption must be stated in full) (check one)
( ) Assumpsit
( ) Trespass
GREG A. SNODY. (X) Trespass (Motor Vehicle)
(Plaintiff) (other)
VS.
The trial list will be called on _
SAMANTHA R. SHOWERS, October 12, 1999
Trials commence on November 8, 1999 _
(Defendant) Pretrials will be held on October 20, 1999
VS. (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.)
No. 1999-03078 Civil _Term
Indicate the attorney who will try case for the party who files this praecipe:
William P. Douglas. Esquire, for Plaintiff
Indicate trial counsel for other parties if known: Richard B Drubyr Esq., Metzger,
Wickersham, P.O. Box 5300) 3211 N. Front St.) Harrisburg PA 17110-0300 for
Defendant ---`----'
This case is ready for trial.
Dale: A,Ll.Z._L499- -
DOUGI,AS DOUGLAS OUGL
Signed: ?? .. C`J
Print Name:,- William P. Douglas
Attorney for: -_Plaintiff---------- -
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GREG A. SNODY, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
SAMANTHA R. SHOWERS,
Defendant
CIVIL ACTION - LAW
NO. 1999-03078 CIVIL TERM
JURY TRIAL DEMANDED
CERTIFICATE PREREQUISITE TO SERVICE
OF A SUBPOENA PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena for documents and things pursuant to Rule
4009.22, Plaintiff certifies that
(1) a notice of intent to serve a 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, in fact, Plaintiff's counsel has
waived the required twenty (20) day period as evidenced by the executed "Waiver of Twenty-
Day Waiting Period" attached hereto as Exhibit "A", and
Dmanenr 8: 758247.1
(4) the subpoena which will be served is identical to the subpoena which is attached
to the notice of intent to serve the subpoena.
METZGER, WIC?AM, RNAuss & ERB, P.C.
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Defendant
Date: August 18, 1999
By (J
Richard B. Druby, re
Attorney I.D. No. 61904
P.O. Box 5300
Do wnr o. /582!7./
GREG A. SNODY, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
NO. 1999-03078 CIVIL TERM
SAMANTHA R. SHOWERS,
Defendant JURY TRIAL DEMANDED
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 identical to the one that is attached to this notice.
You have twenty (20) days from the date listed below in which to file of record and serve upon
the undersigned an objection to the subpoena. If no objection is made, the subpoena may be
served.
METZGER, WIC SHAM, KNAUSS & ERB, P.C.
By
Richard B. Dru uire
Attorney I.D. No. 61904
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Defendant
Date: August 16, 1999
Docv nr N: 137961.1
GREG A. SNODY, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
NO. 1999-03078 CIVIL TERM
SAMANTHA R. SHOWERS,
Defendant JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Harrisburg Hospital
South Front Street
Harrisburg, PA 17101
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things: any and all medical records for treatment of Greg A.
Snody from 1990 through the present, including, but not limited to, all correspondence, office
notes, handwritten notes, charts, records, reports, studies, correspondence/reportsfrom other treating
physicians, x-rays, nurses notes, hospital records, x-ray studies, billing records, etc., at the law
offices of Metzger; Wickersham, Knauss & Erb, P.C., 3211 North Front Street, P.O. Box 5300,
Harrisburg, Pennsylvania, 17110-0300.
You may deliver or mail legible copies of the documents or produce things requested by
this subpoena, together with the certificate of compliance, to the party making this request at the
addressed listed above. You have the right to seek in advance the reasonable cost of preparing
the copies or producing the things sought.
Do Mrnr N: 157960.1
If you fail to produce the docwnents or things required by this subpoena within twenty
(20) days after its service, the party serving this subpoena may seek a court order compelling you
to comply with it.
This subpoena was issued at the request of the following person:
Richard B. Druby, Esquire
Metzger, Wickersham, Knauss & Erb, P.C.
Attorney I.D. No. 61904
P.O. Box 5300
Harrisburg, PA 17110.0300
(717) 238-8187
Attorneys for Defendant
BY THE COURT:
By 15
2
Prothonotary
Date:
(Seal of the Court)
Da wni N.: 157960.1
CERTIFICATE OF SERVICE
AND NOW, this 16th day of August, 1999, 1, Richard B. Druby, Esquire, of Metzger,
Wickersham, Knauss & Erb, P.C., attorneys for Defendant, hereby certify that I served a copy of
the within Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery
Pursuant to Rule 4009.21 this day by depositing the same in the United States mail, postage
prepaid, at Harrisburg, Pennsylvania, addressed to:
William P. Douglas, Esquire
Douglas, Douglas & Douglas
P.O. Box 261
Carlisle, PA 17013
Document N: 137P61.1
Exhibit A
GREG A. SNODY, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
SAMANTHA R. SHOWERS,
Defendant
CIVIL ACTION - LAW
NO. 1999-03078 CIVIL TERM
JURY TRIAL DEMANDED
WAIVER OF TWENTY-DAY WAITING PERIOD
I hereby acknowledge that I have received Defendant's Notice of Intent to Serve a
Subpoena to produce documents and things for discovery pursuant to Rule 4009.21 in the above
captioned matter. I also hereby certify that I waive the twenty-day waiting period required by the
above referenced Rule and that I permit counsel wishing to serve a record subpoena to serve such
subpoena immediately.
Dated: " ) 1 - L-
1) c,menr N: 15%465.1
DOUGLAS, DOUGLAS & DOUGLAS
By
William P. Douglas, Esq e
CERTIFICATE OF SERVICE
AND NOW, this 18°i day of August, 1999, 1, Richard B. Dmby, Esquire, of Metzger,
Wickersham, Knauss & Erb, P.C., attorneys for Defendant, hereby certify that I served a copy of
the within Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 this day by
depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania,
addressed to:
William P. Douglas, Esquire
Douglas, Douglas & Douglas
P.O. Box 261
Carlisle, PA 17013
Do wnr N: W.147.1
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DOUGLAS, DOUGLAS & DOUGLAS
27 W. HIGH ST. R WILLIAM P. DOUGLAS, ESQ.
POD 261 Supreme Court LD.# 37926
CARLISLE PA 17013 GEORGE F. DOUGLAS, III, ESQ.
TELEPHONE 717.243.1790
Supreme Court I.D.# 61886
IN mtwURTOFGOMMONPLEAS OF
GREG A. SNODY, CUMBERLAND COUNTY PENNSYLVANIA
PLAINTIFF
1999- 03078 CIVIL TERM
SAMANTHA R. SHOWERS, CIVIL ACTION LAW
To: Curtis R. Long, Prothonotary
PRAECIPE
Please mark the docket in this case "settled and discontinued."
DOUGLAS, D UGLAS & DOUGLAS
Date: October 28, 1999 by
Attorney for the Pla ntiIf
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