HomeMy WebLinkAbout99-03150.77
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ARNOLD ,V. SEGESMAN and IN THE COURT OF COMMON PLEAS OF
ANITA SEGESMAN, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
CIVIL ACTION - LAW
VS.
99-3150 CIVIL
J, D. PROPERTIES,
Defendant
IN RE: PRETRIAL CONFERENCE
Present at a pretrial conference held January 10, 2001, were Gregory E. Martin, Esquire,
attorney for the plaintiffs, and Jefferson J. Shipman, Esquire, attorney for the defendant.
This matter arises out of a slip and fall which occurred on January 19, 1999. The plaintiff
contends that he fell on ice fracturing his left ankle. The issue of liability has to do with the
defendant's duty to maintain the sidewalk.
The witness list of the defendant includes one Dr. William Rense, a professor from
Shippensburg University. He will testify concerning the weather at the time of the incident
complained of. Counsel indicated that his testimony may become the subject matter of a
stipulation.
This otherwise uncomplicated trial should be of no more than one and one-half days'
duration, The usual number of juror challenges will pertain.
January 10, 2001
Kevin Al Hess. J.
Gregory E. Martin, Esquire
For the Plaintiff
Jefferson J. Shipman, Esquire
For the Defendant
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ARNOLD V. SEGESMAN and
ANITA SEGESMAN,
Plaintiffs
V.
J. D. PROPERTIES,
Defendant
NO. 99 -J 1,0 CT Q C
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth against you 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 default
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 THIS OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
11 ?"' F. A1..r11 ¢, P.C.
CUMBERLAND COUNTY BAR ASSOCIATION
Lawyer Referral Service
Two Liberty Street
Carlisle, Pennsylvania 17013
(717) 249 - 3166
1-800-990-9108
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
I?ALM. I.. ANFTI]1!. m c.
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ARNOLD V. SEGESMAN and : NO.
ANITA SEGESMAN, ;
Plaintiffs
V.
: CIVIL ACTION -LAW
J. D. PROPERTIES, :
Defendant JURY TRIAL DEMANDED
USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las
quejas expuestas en las pdginas siguientes, debe tomar acci6n dentro de veinte (20) dfas a partir
de la fecha en que recibi6 la demanda y el aviso. Usted debe presentar comparccencia escrita
en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a In
demandas en su contra.
Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede
decidir en su contra sin mas aviso o notificaci6n por cualquier dinero reclamado en la demanda
o por cualquier otra queja o compensaci6n reclamados por el Demandante. USTED PUEDE
PERDER DINERO, O PROPRIEDADES U OTROS DERECHOS IMPORTANTES PARA
USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE.
SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA 0 LLAME A LA
OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR. DONDE
PUEDE OBTENER ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
Lawyer Referral Service
Two Liberty Street
Carlisle, Pennsylvania 17013
(717) 249 - 3166
1-800.990.9108
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.?.v. 11.?n???ri ??. C.
ARNOLD V. SEGESMAN and
ANITA SEGESMAN,
Plaintiffs
V.
NO. g9.31JU I
: CIVIL ACTION -LAW
J. D. PROPERTIES,
Defendant
JUICY TRIAL DEMANDED
1. The Plaintiffs, Arnold V. Segesman and Anita Segesman, husband and wife, are
adult individuals residing at P. O. Box 364, Shippensburg, Pennsylvania 17257.
2. The Defendant, J. D. Properties, is a business entity with an address for service
of 126 East King Street, Shippensburg, Pennsylvania 17257.
3. At all times relevant hereto, Defendant owned, managed, and/or controlled the
property located at 40-42 West King Street, Shippensburg, Pennsylvania 17257.
4. On January 19, 1999, at approximately 11:00 a.m., Plaintiff, Arnold V. Segesman,
was a pedestrian on West King Street in front of Defendant's aforementioned property.
5. At that same time and place, the Plaintiff slipped and fell on ice which had formed
on the sidewalk in front of Defendant's property.
freeze.
6. A rain gutter runs along the front edge of the porch roof of the property.
7. At the time of the accident, the gutter was leaking water onto the sidewalk.
8. Water from the gutter was allowed to spill over and/or drip onto the sidewalk and
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ARNOLD V. SEGESMAN and NO. q9.31SU
ANITA SEGFSMAN,
Plaintiffs
V. CIVIL ACTION -LAW
1. U,?ic.ISM
NU WI51 u r?..tf y ri ,
J. D. PROPERTIES,
Defendant JURY TRIAL DEMANDED
1. The Plaintiffs, Arnold V. Segesman and Anita Segesman, husband and wife, are
adult individuals residing at P. O. Box 364, Shippensburg, Pennsylvania 17257.
2. The Defendant, J. D. Properties, is a business entity with an address for service
of 126 East King Street, Shippensburg, Pennsylvania 17257.
3. At all times relevant hereto, Defendant owned, managed, and/or controlled the
property located at 40-42 West King Street, Shippensburg, Pennsylvania 17257.
4. On January 19, 1999, at approximately 11:00 a.m., Plaintiff, Arnold V. Segesman,
was a pedestrian on West King Street in front of Defendant's aforementioned property.
5. At that same time and place, the Plaintiff slipped and fell on ice which had formed
on the sidewalk in front of Defendant's property.
freeze.
6. A rain gutter runs along the front edge of the porch roof of the property.
7. At the time of the accident, the gutter was leaking water onto the sidewalk.
8. Water from the gutter was allowed to spill over and/or drip onto the sidewalk and
9. Plaintiff avers that ice had accumulated on the sidewalk in the area where he fell
due to the freezing of water which spilled and/or dripped from the gutter or rooftop of
Defendant's property.
10. As a insult of Plaintiffs fall, the Plaintiffs sustained injuries and damages.
11. This accident occurred solely as a result of the negligence of the Defendant, and
was due in no manner to any act or failure to act on the part of the Plaintiffs.
12. This matter is alleged to exceed the applicable limits of arbitration, and a jury trial
is hereby demanded.
COUNT I
ARNOLD V.SEGESMAN
V.
I D. PROPERTIES
13. The allegations contained in paragraphs 1 through 12, inclusive, are incorporated
herein as fully as though set forth at length.
14. The negligence of the Defendant consisted of the following:
a) Failing to recognize the special element of harm and danger of ice
on the sidewalk in front of its property;
b) Failing to utilize that degree of care required for pedestrians such as
the Plaintiff by not maintaining its premises in a safe condition;
C) Failing to inspect the sidewalk to discover the unsafe and hazardous
condition of the ice;
2
d) Failing to warn or protect the Plaintiff from the unsafe and hazardous
condition of the ice on the sidewalk when Defendant knew, or should have
known, that the Plaintiff might be unable to protect himself;
e) Failing to correct the hazardous and dangerous icy condition that
Defendant knew, or should have known, existed on the Defendant's premises;
f) Creating or allowing a hazardous condition to exist which Defendant
knew, or should have known, would involve an unreasonable risk of danger to
persons such as the Plaintiff who would not know, or have reason to know, of the
unreasonable risk of harm;
g) Failing to remove the ice from the sidewalk;
h) Failing to mask the icy condition by salt, cinder, or otherwise
covering the area to make it safe;
i) Failing to properly direct water runoff; and
j) Creating a dangerous condition on its premises consisting of a gutter along
the front porch roof that was leaking water when the Defendant knew, or should
have known, of the foreseeable risk of harm to persons traversing the sidewalk
from water spillover freezing to ice.
15. As a result of the negligence of the Defendant, the Plaintiff suffered serious and
11, 1 , 'IF
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permanent injuries including, but not limited to, a fractureldislocation of the left ankle, and a
severe shock to his nerves and nervous system.
3
lb. As a result of the negligence of the Defendant, the Plaintiff was forced to incur
medical bills and expenses for the injuries he has suffered, and he may continue to incur medical
expenses in the future.
17. As a result of the negligence of the Defendant, the Plaintiff has suffered, or may
suffer, a severe loss of his earnings and impairment of his earning capacity, and the loss of
income and impairment of earning capacity will, or may, continue in the future.
18. As a result of the negligence of the Defendant, the Plaintiff has undergone, and in
the future may undergo, great mental and physical pain and suffering, mental anguish and
humiliation, loss of life's pleasures, and a severe limitation in his pursuit of daily activities, all
to his great loss and detriment.
19. As a result of the negligence of the Defendant and Plaintiffs resulting injuries, the
Plaintiff suffered a loss of a vacation rental, and a claim is made therefor.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment
against the Defendant in an amount in excess of the mandatory arbitration limits.
COUNT H
ANITA SEGESMAN
V.
J. D. PROPERTIES
20. The allegations contained in paragraphs 1 through 19, inclusive, are incorporated
I herein as fully as though set forth at length.
1•
IAA LIL : A swr?NE. P. C
4
21. Solely as a result of the negligence of the Defendant, and the resulting injuries to
her spouse, the Plaintiff, Anita Segesman, has been deprived of the assistance, companionship
and consortium of her husband, all of which has been to her great loss and detriment. Said
losses will continue for an unknown time into the future.
WHERUIORE, Plaintiff respectfully requests this Honorable Court to enter judgment
against the Defendant in excess of the mandatory arbitration limits.
RESPECTFULLY SUBMTITED:
LAW
Attorney I.D. #22487
Two West Market Street
P.O. Box 952
York, PA 17405
(717) 846 - 0606
VIA. ?AhYTINI:. J1.4.
5
I HEREBY VERIFY that the information set forth in the foregoing Complaint is true
and correct to the best of my knowledge, information and belief. I understand that any false
statements contained herein are subject to the penalties of 18 Fa.C.S. §4904, relating to unsworn
falsification to authorities.
,GLt??C (J ? -d,IGIGG-i
Arnold V. Seges
Date: 5-z x-99
Anita Segesman
Date:
DALY. }'.vAFUT1Y14 Y. C.
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SHERIFF'S RETURN - REGULAR
CASE NO: 3.999-03150 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SEGESMAN ARNOLD V ET AL
VS.
J D PROPERTIES
KATHY CLARKE , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT was served
upon J. D. PROPERTIES the
defendant, at 9:32 HOURS, on the 27th day of May
1999 at %- MARK WEIGLE & PERKINS 126 EAST KING STREET
SHIPPENSBURG, PA 17257 -,CUMBERLAND
County, Pennsylvania, by handing to RHONDA WOLFORD (LEGAL
SECRETARY)
a true and attested copy of the COMPLAINT ,
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So answers:
Docketing 18.00 ./
Service 13.02??sre
Affidavit .00
Surcharge 8.00 omas .lne, eri -
73370 1427E199gSTINE
by x/?i. t CC G
y f
Sworn and subscribed to before me
this -17 ?- day of?l L.,
19_q9 A.D.
rocnonozar
Jefferson J.Shipman, Esquire
I.D. 0: 51785
GOLDBERG, KATZMAN & SHIPMAN, P.C.
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorneys for Defendant
P.RNOLD V. SEGESMAN and
ANITA SEGESMAN,
Plaintiffs
VS.
J. D. PROPERTIES,
Defendant
TO THE PROTONONTARY:
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3150 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE
PLEASE enter the appearance of the undersigned on behalf of
the Defendant, J.D. Properties, in the above-captioned matter.
DATE: June 14, 1999
GOLDBERG, KATZMAN & SHIPMAN, P.C.
n JEsquire
CYDI ?Verso
#: 51785
85
P.O. Box 1268
Harrisburg, PA 17108
Attorneys for Defendant
Telephone: (717) 234-4161
24712.1
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document has been
duly served upon the following counsel of record by depositing a copy
of the same in the United States mail, postage prepaid, at
Harrisburg, Pennsylvania, on June 14, 1999:
Dale E. Anstine, P.C.
Two West Market Street
York, PA 17405
GOLDBERG, KATZMAN & SHIPMAN, P.C.
Je fe n J. Shipman, squire
32 Market Street
Harrisburg, PA 17108
Attorneys for Defendant
Telephone: (717) 234-4161
Identification No.: 51785
24713.1
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V ?
Jefferson J.Shipman, Esquire
I.D. 0: 51785
GOLDBERG, RATZHAN & SHIPHAN, P.C.
320 Harket Street
P.O. Box 1268
Harrisburg. PA 17108-1268
Telephone: (717) 234-4161
Attorneys for Defendant
ARNOLD V. SEGESMAN and
ANITA SEGESMAN,
Plaintiffs
Vs.
J. D. PROPERTIES,
Defendant
TO THE PLAINTIFF:
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3150 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE
You are hereby notified to plead to the enclosed New Matter
within twenty (20) days from the date of service hereof, or a
default judgment may be entered against you.
KATZMAN &(S1IIPMAN, P.C.
JeflfbrW J. Shipman, E?qu
I. p0: 51785
P.0 Box 1268
Harrisburg, PA 17108
Attorneys for Defendant
Telephone: (717) 234-41.61
DATE: June 29, 1999
25558.1
Jefferson J.Shipman, Esquire
I.D. #: 51785
GOLDBERG, KATZMAN & SHIPMAN, P.C.
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorneys for Defendant
QKNULD V. SEGESMAN and
ANITA SEGESMAN,
Plaintiffs
VS.
J. D. PROPERTIES,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3150 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ANSWER AND NEW MATTER
AND NOW, comes the Defendant, J. D. Properties, by and
through its counsel, Goldberg, Katzman & Shipman, P.C., and files
the following Answer and New Matter:
1. Denied. After reasonable investigation, the Defendant
is without sufficient knowledge or information to form a belief
as to the truth of the averments contained in Paragraph 1 and the
same are, therefore, denied.
2. Admitted.
3. Admitted.
9. Denied. After reasonable investigation, the Defendant
is without sufficient knowledge or information to form a belief
as to the truth of the averments contained in Paragraph 4 and the
same are, therefore, denied and strict proof demanded at the time
of trial.
5. Denied. After reasonable investigation, the Defendant
is without sufficient knowledge or information to form a belief
as to the truth of the averments contained in Paragraph 5 and the
same are, therefore, denied and strict proof demanded at the time
of trial.
6. Admitted.
7. Denied. It is specifically denied at the time of the
accident the gutter was leaking water onto the sidewalk.
8. Denied. It is specifically denied that water from the
gutter was allowed to spill over and/or drip onto the sidewalk
and freeze.
9. Denied. It is specifically denied that ice, had
accumulated on the sidewalk in the area where the Plaintiff fell
due to the freezing of water which allegedly spilled and/or.
dripped from the gutter or rooftop of Defendant's property.
10. Denied. After reasonable investigation, the Defendant
is without sufficient knowledge or information to form a belief
as to the truth of the averments contained in Paragraph 10 and
the same are, therefore, denied and strict proof demanded at the
time of trial.
2
11. Denied. The averments contained in Paragraph 11 are
conclusions of law to which no response is required. If a
response is deemed to be required, the averments contained
therein are specifically denied.
12. Denied. The averments contained in Paragraph 12 are
conclusions of law to which no response is required. If a
response is deemed to be required, the averments contained
therein are specifically denied.
COUNT I
Arnold V. Seaesman v J D Properties
13. Defendant, J.D. Properties, incorporates herein by
reference its answers to Paragraph 1 through 12 above as though
fully set forth herein at length.
14. Denied. It is specifically denied that the Defendant
was negligent in any manner with respect to Plaintiff's alleged
cause of action.
(a) Denied. It is specifically denied that the
Defendant failed to recognize the alleged special element or
harm and danger of ice on the sidewalk in front of its
property.
3
(b) Denied. It is specifically denied that the
Defendant failed to utilize that degree of care required for
pedestrians such as the Plaintiff by allegedly not
maintaining its premises in a safe condition;
(c) Denied. It is specifically denied that the
Defendant failed to inspect the sidewalk to discover the
allegedly unsafe and hazardous condition of the ice;
(d) Denied. It is specifically denied that the
Defendant failed to warn or protect the Plaintiff from the
allegedly unsafe and hazardous condition of the ice on the
sidewalk when the Defendant knew, or should have known, that
Plaintiff might be unable to protect himself;
(e) Denied. It is specifically denied that the
Defendant failed to correct the allegedly hazardous and
dangerous icy condition that it allegedly knew, or should
have known, existed on its premises;
(f) Denied. It is specifically denied that the
Defendant created or allowed a hazardous condition to exist
of which it knew, or should have known would involve an
unreasonable risk of danger to persons such as the Plaintiff
who would not know, or have reason to know, of the
unreasonable risk of the harm;
4
(g) Denied. It is specifically denied that there was
ice that required removal from the sidewalk;
(h) Denied. It is specifically denied that the
Defendant failed to mask the allegedly icy condition by
salt, cinder, or otherwise covering the area to the make it
safe;
(I) Denied. It is specifically denied that the
Defendant failed to property direct water runoff; and
(j) Denied. It is specifically denied that the
Defendant created a dangerous condition on its premises
consisting of a cutter along the front porch that was
allegedly leaking water when it knew, or should have known,
of the foreseeable risk of harm to persons traversing the
sidewalk from water spillover freezing to ice.
15. Denied. The averments contained in Paragraph 15, in
part, conclusions of law to which no response is required. If a
response is deemed to be required, those averments are
specifically denied. By way of further answer, the Defendant is
without sufficient knowledge or information to form a belief as
to the truth of the remaining averments of Paragraph 15, and the
same are, therefore, denied and strict proof demanded at the time
of trial.
5
16. Denied. The averments contained in Paragraph 16 are, in
part, conclusions of law to which no response is required. If a
response is deemed to be required, the averments contained
therein are specifically denied. By way of further answer, the
Defendant is without sufficient knowledge or information to form
a belief as to the truth of the remaining averments of Paragraph
16, and the same are, therefore, denied and strict proof demanded
at the time of trial.
17. Denied. The averments contained in Paragraph 17 are, in
part, conclusions of law to which no response is required. If a
response is deemed to be required, the averments contained
therein are specifically denied. By way of further answer, the
Defendant is without sufficient knowledge or information to form
a belief as to the truth of the remaining averments of. Paragraph
17, and the same are, therefore, denied and strict proof demanded
at the time of trial.
18. Denied. The averments contained in Paragraph 18 are, in
part, conclusions of law to which no response is required. If a
response is deemed to be required, the averments contained
therein are specifically denied. By way of further answer, the
Defendant is without sufficient knowledge or information to form
a belief as to the truth of the remaining averments of Paragraph
6
18, and the same are, therefore, denied and strict proof demanded
at the time of trial.
19. Denied. The averments contained in Paragraph 19 are, in
part, conclusions of law to which no response is required. If a
response is deemed to be required, the averments contained
therein are specifically denied. By way of further answer, the
Defendant is without sufficient knowledge or information to form
a belief as to the truth of the remaining averments of Paragraph
19, and the same are, therefore, denied and strict proof demanded
at the time of trial.
WHEREFORE, Defendant, J.D. Properties, respectfully requests
that judgment be entered in its favor and that Plaintiffs'
Complaint be dismissed with prejudice.
COUNT II
Anita Seaesman v. J.D. Properties
20. Defendant, J.D. Properties, incorporates herein by
reference its answers to Paragraph 1 through 19 above as though
fully set forth herein at length.
21. Denied. The averments contained in Paragraph 21 are,
in part, conclusions of law to which no response is required. If
a response is deemed to be required, the averments contained
7
therein are specifically denied. By way of further answer, after
reasonable investigation, the Defendant is without sufficient
knowledge or information to form a belief as to the truth of the
remaining averments of Paragraph 21 and the same are, therefore,
denied and strict proof demanded at the time of trial.
WHEREFORE, Defendant, J.D. Properties, respectfully requests
that judgment be entered in its favor and that Plaintiffs'
Complaint be dismissed with prejudice.
NEW MATTER
By way of further answer and response, Defendant interposes
the following New Matters:
22. That the Plaintiffs' claims are barred or limited by
the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. §7102,
et seq., or by the Doctrine of Comparative Negligence.
23. That the Plaintiff, Arnold V. Segesman, failed to
exercise reasonable care for his own safety under the
circumstances then and there existing.
25. That the Plaintiff, Arnold V. Segesman, was
comparatively negligent and failed to exercise reasonable care
for his own safety in the following:
8
(a) Walking in attentively without first ascertaining
whether it was safe to do so;
(b) Knowingly and voluntarily encountering an obvious
danger;
(c) Failing to wear suitable shoes;
(d) Failing to watch where he was walking; and
(e) Walking in a hurried or otherwise inappropriate
manner.
26. That the Plaintiff's failure to exercise reasonable
care for his own safety was a substantial factor in the happening
of the accident.
27. That if a dangerous condition existed at the time of
the Plaintiff's accident, which is denied, then the Defendant
avers that it did not have actual or constructive notice of the
allegedly dangerous condition prior to the accident.
28. That Plaintiffs' injuries and damages, if any, were not
caused by any acts, omissions, or breaches of duty by answering
Defendant.
29. That Plaintiff knowingly and voluntarily assumed the
risk of his injuries under the circumstances then and there
existing by identifying a dangerous condition, appreciating its
dangerous character and voluntarily proceeding to encounter the
condition.
9
30. That the Plaintiffs' alleged cause of action is barred
by the hills and ridges doctrine.
31. That the Plaintiffs' injuries and damages, if any, were
caused by an act of God.
32. That if there was any negligence on the part of the
Defendant, which is specifically denied, then any such negligence
was not a proximate cause of any injuries or damages sustained by
Plaintiffs.
33. That the Plaintiffs have failed to state a cause of
action upon which relief can be granted.
WHEREFORE, Defendant, J.D. Properties, respectfully requests
that judgment be entered in is favor and that the Plaintiffs;
Complaint be dismissed with prejudice.
Respectfully submitted,
, KATZMAN & SHIPMAN, P.C.
Je feVVon J. Shipman,/Esquire
I. A: 51785
P. Box 1268
Harrisburg, PA 17108
Attorneys for Defendant
Telephone: (717) 239-4161
DATE: June 18, 1999
25004.1
10
VERIFICATION
I, ..Jerry A. Weigle one of the 2artners of
J.D. Properties, have read the foregoing Answer and hereby affirm
that it is true and correct to the best of my personal knowledge,
or information and belief. This Verification and statement is
made subject to the penalties of 18 Pa.C.S. §4904 relating to
unsworn falsification to authorities; I verify that all the
statements made in the foregoing are true and correct and that
false statements may subject me to the penalties of 18 Pa. C.S.
§4904.
J.D. Properties
DATE:
20626.1
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document has been
duly served upon the following counsel of record by depositing a copy
of the same in the United States mail, postage prepaid, at
Harrisburg, Pennsylvania, on June 29, 1999:
Dale E. Anstine, Y.C.
Two West Market Street
York, PA 17405
GOLDBERG, KATZMAN & S;iIPMAN, P.C.
Je e J. Shipman, E1?qu
32 M r et Street
Ha risburg, PA 17108
Attorneys for Defendant
Telephone: (717) 234-4161
Identification No.: 51785
24713.1
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ARNOLD V. SEGESMAN and
ANITA SEGESMAN,
Plaintiffs
V.
J. D. PROPERTIES,
Defendant
: NO. 49-3150 CIVIL TERM
CIVIL ACTION -LAW
: JURY TRIAL DEMANDED
PLAINTIFFS' REPLY TO NEW MATTER
J?
AND NOW, come the Plaintiffs, Arnold V. Segesman and Anita Segesman, by and
IIA..Y. I :MA Y NT 111:. I ?.
through their attorney, Dale E. Anstine, Esquire, and respectfully set forth the following Reply
to New Matter of Defendant.
22-23. Denied. The allegations contained in Paragraphs 22 and 23 are conclusions of law
to which the Pennsylvania Rules of Civil Procedure require no responsive pleading, are therefore
denied, and strict proof thereof is demanded at trial, if relevant.
25. [sic] Denied. The allegations contained in Paragraph 25 are conclusions of law to
which the Pennsylvania Rules of Civil Procedure require no responsive pleading, are therefore
denied, and strict proof thereof is demanded at trial, if relevant. Moreover, all allegations of
negligence in paragraphs (a) (e) are specifically denied.
26-33. Denied. The allegations contained in Paragraphs 26 through 33 are conclusions
of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading, are
therefore denied, and strict proof thereof is demanded at trial, if relevant.
WHEREFORE, Plaintiffs respectfully request this Honorable Court to dismiss the New
Matter of Defendant, with prejudice, and to enter judgment in favor of the Plaintiffs on the
pleadings in this case with costs and interest as allowed by law.
RESPECTFULLY SUBMITTED:
LAW OFFIC P.C.
We E. Anstine, Esquire
Attorney ID No. 22487
2 West Market Street
Post Office Box 952
York, PA 17405
(717) 846 - 0606
2
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ARNOLD V. SEGESMAN and NO. 99-3150 CIVIL TERM
ANITA SEGFSMAN,
Plaintiffs
V. CIVIL ACTION - LAW
J. D. PROPERTIES,
Defendant JURY TRIAL DEMANDED
CERTIFICATE OF SM ICE
AND NOW, this 0 day of July, 1999, I, Dale E. Anstine, Esquire, a member of the
Law Offices of Dale E. Anstine, P.C., hereby certify thatI have, this date, served a copy of
the within and foregoing Reply to New Matter by first class United States Mail, postage pre-
paid, addressed to the party or attorney of record as follows: - 1'
Jefferson J. Shipman, Esquire
GOLDBERG, KATZMAN & SHIPMAN, P.C.
P. O. Box 1268
Harrisburg, PA 17108
{ -' c
{ RESPECTFULLY SUBMITTED: TED:
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CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF: COURT OF COMMON PLEAS
ARNOLD V. SAGESMAN,ET AL TERM, 0000
-VS- CASE NO: 99.3150
J.D. PROPERTIES
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JEFFREY SHIPMAN, ESQUIRE
defendant 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 the 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: 10/21/99
??
J FFRE SHIPMAN, ESQUIRE
Attorney for DEFENDANT
DE11-137201 0 9 9 8 2- L 0 1
C OMMO NWEAL T H OP P E NN S YL VAN T A
COUNTY OP C UMB E RLAN D
it; THE MATTER OF:
ARNOLD V. SAGESMAN,ET AL
-VS-
J.D. PROPERTIES
COURT OF COMMON PLEAS
TERM, 0000
CASE NO: 99-3150
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS
BROTHERHOOD MUTUAL INS. CO INSURANCE
CHAMBERSBURG HOSPITAL MEDICAL AND HOSPITAL BILL
CUMBERLAND VALLEY ORTHO. ASSOC MEDICAL a BILLING
HOLY SPIRIT HOSPITAL MEDICAL AND HOSPITAL BILL
WILLIAM A. FREEMAN, M.D. MEDICAL & BILLING
TO: DALE E. ANSTINE, ESQ.
MCS on behalf of JEFFREY SHIPMAN, ESQUIRE intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If no objection is made the subpoena
may be served pursuant to the applicable Pennsylvania Pules of Civil Procedure
4009.24. 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: 10/01/99
CC: JE-- PREY SHIPMAN, ESQUIRE - 22740.773
Any questions regarding this matter, contact
MCS on behalf of
JEFFREY SHIPMAN. ESQUIRE
Attorney for DEFENDANT
THE MCS GROUP, INC.
1601 MARKET STREET
1800
PHILADELPHIA PA 19103
(215) 246-0900
DE02-103373 0 9 9 8 2- C O 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ARNOLD VOIROL SAGESMAN , ET AL. File No. 1) 99-3150
VS.
J.D. PROPERTIES
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR: BROTHERHOOD MUTUAL INSURANCE COMPANY
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or
things: SEE ATTACHED
at THE MCS GROUP, INC., 1601 MARKET STREET SUITE# 800 PHILADELPHIA, PA. 19103
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in
advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party
serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: JEFFERSON SHIPMAN, ESQUIRE
ADDRESS: 320 MARKET STREET P.O. BOX 1268
HARRISBURG,PA. 17108
TELEPHONE: (215) 246-0900
SUPREME COURT ID t!:
ATTORNEY FOR: THE DEFENDANT
BY THE COURT J
DATE:. 1 c .2? l r/ if 9 Prothonnnotary/Cler Ci i Division
Deputy
Seal of the Court
(Eff. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOIL:
BROTHERHOOD MUTUAL INS. CO
6400 BROTHERHOOD WAY
P.O. BOX 2227
FT.WAYNE, IN 46801
RE: 09982
ARNOLD VOIROL SAGESMAN
INCLUDING MEDICAL RECORDS, WORKER'S COMPENSATION RECORDS AND A LIST OF
ALL BILLS PAID TO DATE.
Any and all claims files.
Dates Requested: up to and including the present.
Subject : ARNOLD VOIROL SAGESMAN
9500 FOREST RIDGE RD., SIIIPPENSBURG, PA
Social Security N: 280-24-6730
Date of Birth: 09-15-30
Date of Loss: 01-19-99
51110-213368 09982--1,03.
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
ARNOLD V. SACESMAN,ET AL
-vs-
J.D. PROPERTIES
COURT OF COMMON PLEAS
TERM, 0000
CASE NO: 99-3150
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JEFFREY SHIPMAN, ESQUIRE
defendant 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 the 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: 10121/99
JEFFREY SHIPMAN, ESQUIRE
Attorney for DEFENDANT
DE11-137202 09982-L.02-
C0Mt-I0NWEALTH OF PENNSYLVANXA
COUNTY OF C UMB E RLAN D
=N THE MATTER OF: COURT OF COMMON PLEAS
ARNOLD V. SAGESMAN,ET AL TERM, 0000
-VS- CASE NO: 99-3150
J.D. PROPERTIES
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS
BROTHERHOOD MUTUAL INS.
CHA-MBERSBURG HOSPITAL
CUMBERLAND VALLEY ORTHO
HOLY SPIRIT HOSPITAL
VILLLUM. A. FREEMAN, M.D
CO INSURANCE
MEDICAL AND HOSPITAL BILL
ASSOC MEDICAL & BILLING
MEDICAL AND HOSPITAL BILL
MEDICAL & BILLING
TO: DALE E. ANSTINE, ESQ.
MCS on behalf of JEFFREY SHIPMAN ESQUIRE intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If no objection is made the subpoena
may be served pursuant to the applicable Pennsylvania Pules of Civil Procedure
4009.24. 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: 10/01199
MCS on behalf of
CC: JEFFREY SHIPMAN, ESQUIRE - 22740.773
Any questions regarding this matter, contact
JEFFREY SHIPMAN, ESQUIRE
Attorney for DEFENDANT
THE MCS GROUP, INC.
1601 N?ARY:T STREET
{@00
PHILADELPHIA PA 19103
(215) 246-0900
DE02-103373 09982--C::03-
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ARNOLD VOIROL SAGESMAN , ET AL. File No. ll 99-3150
VS.
J.D. PROPERTIES
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR: THE CHAMBERSBURG HOSPITAL
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or
things: SEE ATTACHED
at THE MCS GROUP, INC., 1601 MARKET STREET SUITE# 800 PHILADELPHIA, PA. 19103
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in
advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) daysafter its service, the party
serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: JEFFERSON SHIPMAN, ESQUIRE
ADDRESS: 320 MARKET STREET P.O. BOX 1268
HARRISBURG,PA. 17108
TELEPHONE: _(2!5) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: THE DEFENDANT
BY THE COUI
DATE: Prothonottary/ r lvil Division
Deputy
Seal of the Court
(Eff. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECOIZDS FOR:
CHAMBERSBURG HOSPITAL
112 NORTH SEVENTH ST.
CHAMBERSBURG, PA 17201
RE: 09982
ARNOLD VOIROL SAGESMAN
Any and all records, correspondence, files and memorandums, handwritten
notes, billing and payment records, relating to any examination,
consultation, care or treatment of patient.
Dales Requested: up to and including the present.
Subject : ARNOLD VOIROL SAGESMAN
9500 FOREST RIDGE RD., SHIPPENSBURG, PA
Social Security #: 280-24-6730
Date of Birth: 09-15-30
SU10-213370 09982-1-02
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF: COURT OF COMMON PLEAS
ARNOLD V. SAGESMAN,ET AL TERM. 0000
-VS- CASE NO: 99-3150
J.D. PROPERTIES
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JEFFREY SHIPMAN, ESQUIRE
defendant 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 the 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: 10121199
JEFFREY SHIPMAN, ESQUIRE
Attorney for DEFENDANT
DE11-137203 0 9 9 8 2- 1- 0 3
C OMMO NWEAL T H OF P E N N S YL VAN =A
COUNTY OF C UMB E RI AN D
IN THE MATTER OF: COURT OF COMMON PLEAS
ARNOLD V. SAGES MAN ET AL
-VS-
J.D. PROPERTIES
TERM, 0000
CASE NO: 99-3150
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS
BROTHERHOOD MUTUAL INS. CO INSURANCE
CHA.111BERSBURG HOSPITAL MEDICAL AND HOSPITAL BILL
CUMBERLAND VALLEY ORTHO. ASSOC MEDICAL 6 BILLING
HOLY SPIRIT HOSPITAL MEDICAL AND HOSPITAL BILL
WILLIAM A. FREEMAN, M.D. MEDICAL E BILLING
TO: DALE E. ANSTINE, ESQ.
MCS on behalf of JEFFREY SHIPMAN, ESQUIRE intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If no objection is made the subpoena
may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure
4009.24. 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: 10/01199
MCS on behalf of
CC: JEFFREY SHIPMAI:, ESQUIRE - 22740.773
Any questions regarding this matter, contact
JEFFREY SHIPMAN, ESQUIRE _
Attorney for DEFENDANT
THE MCS GROUP, INC.
1601. YkRK-rT STREET
5300
PHILADELPHIA PA 19103
(215) 246-0900
DE02-1033733 0 9 9 8 2- C O I
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ARNOLD VOIROL SAGESMAN , ET AL. 0 99-3150
• File No.
VS.
J.D. PROPERTIES
TO: CUSTODIAN OF RECORDS FOR: CUMBERLAND VALLEY ORTHOPEDIC ASSOC. INC.
(Name of person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or
things: SEE ATTACHED
at THE MCS GROUP, INC., 1601 MARKET STREET SUITE# 800 PHILADELPHIA,PA. 19103
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in
advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party
serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: JEFFERSON SHIPMAN, ESQUIRE
ADDRESS: 320 MARKET STREET P.O. BOX 1268
HARRISBURG,PA. 17108
TELEPHONE: (215) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: THE DEFENDANT -
BY THE COURRT-
1?9 1-r
DATE: L, c2 y ?C rrj Pmlhonno7ttay*ler Civil Division
I Deputy
Seal of the Court
(Eff. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF HCORDS FOIL:
CUMBERLAND VALLEY ORTHO. ASSOC
120 N.7TH STREET STE 101
CHAMBERSBURG MED. BL
CHAMBERSBURG, PA 17201
RE: 099£2
ARNOLD VOIROL SAGESMAN
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 : ARNOLD VOIROL SAGESMAN
9500 FOREST RIDGE RD., SHIPPENSBURG, PA
Social Security #: 280-24-6730
Date of Birth: 09-15-30
SU10-213372 09982-L.03
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF: COURT OF COMMON PLEAS
ARNOLD V. SAGESMAN,ET AL TERM, 0000
-vs_ CASE NO; 99-3150
J.D. PROPERTIES
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JEFFREY SHIPMAN, ESQUIRE
defendant 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 the 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: 10/21/99 JEFFREY SHIPMAN. ESQUIRE
Attorney for DEFENDANT
DE11-137204 09982-1-04
C OMMO NWEAL T H OF P E N N S YL VAN IA
COUNTY OF CUMBERLAND
IN THE MATTER OF:
ARNOLD V. SAGESMAN,ET AL
-VS-
J.D. PROPERTIES
COURT OF COMMON PLEAS
TERM, 0000
CASE NO: 99-3150
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE. DOCUMENTS
BROTHERHOOD MUTUAL INS. CO INSURANCE
CHAMBERSBURG HOSPITAL MEDICAL AND HOSPITAL BILL
CUMBERLAND VALLEY ORTHO. ASSOC MEDICAL & BILLING
HOLY SPIRIT HOSPITAL MEDICAL AND HOSPITAL BILL
WILLIAM A. FREEMAN, M.D. MEDICAL & BILLING
TO: DALE E. ANSTINE, ESQ.
MCS on behalf of JEFFREY SHIPMAN, ESQUIRE intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If no objection is made the subpoena
may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure
4009.24. 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: 10/01/99
MCS on behalf of
CC: JEFFREY SHIPMAN, ESQUIRE - 22740.773
Any questions regarding this matter, contact
JEFFREY SHIPMAN, ESQUIRE
Attorney for DEFENDANT
THE MCS GROUP, INC.
1601 MARKET STREET
9800
PHILADELPHIA PA 19103
(215) 246-0900
DE02-103373 09c982--C03-
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ARNOLD VOIROL SAGESMAN, ET AL.
File Nofl 99-3150
No.
VS.
J.D. PROPERTIES
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena,
things: SEE
are ordered by the court to produce the following documents or
'ACHED
at THE MCS GROUP, INC., 1601 MARKET STREET SUITE# 800 PHILADELPHIA, PA. 19103
lAddress)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in
advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party
serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: JEFFERSON SHIPMAN, ESQUIRE
ADDRESS: MARKET TR FT_P.O. ROX 1268
HARRISBURG,PA. 17108
TELEPHONE: (215) 266-0900
SUPREME COURT ID #:
ATTORNEY FOR: THE DEFENDANT
B ? HE COLT: f?
-t .n2..y Ob '
DATE: c2 .- .4"c ..29 19 4r9 Prothonotary/ rrk, Civil Division
r /
Drputy
Sea) of the Court
(Eff. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
HOLY SPIRIT HOSPITAL
503 N. 21ST STREET
CAMP HILL, PA 17011
RE: 09982
ARNOLD VOIIZOL SAGESMAN
Any and all records, correspondence, files and memorandums, handwritten
notes, billing and payment records, relating to any examination,
consultation, care or treatment of patient.
Dates Requested: up to and including the present
Subject : ARNOLD VOIROL SAGESMAN
9500 FOREST RIDGE RD., SHIPPENSBURG, PA
Social Security #: 280.24-6730
Date of Birth: 09-15.30
SU10-213374 09982-1,04
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
ARNOLD V. SAGESMAN,ET AL
-VS_
J.D. PROPERTIES
COURT OF COMMON PLEAS
TERM, 0000
CASE NO: 99-3150
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JEFFREY SHIPMAN, ESQUIRE
defendant 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 the 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: 10/21/99
JEFFREY SHIPMAN, ESQUIRE
Attorney for DEFENDANT
DE11-137205 09 9 8 2- L 05
COMI.IONWEALTH OF PENNSYLV.AN=A
COUNT Y 01-- UMB E RL AN D
IN THE MATTER. OF:
ARNOLD V. SAGESMAN,ET AL
-VS-
J.D. PROPERTIES
COURT OF COMMON PLEAS
TERM, 0000
CASE NO: 99-3150
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS
BROTHERHOOD MUTUAL INS. CO INSURANCE
CHANu3EP.SBURG HOSPITAL MEDICAL AND HOSPITAL BILL
CUMBERLAND VALLEY ORTHO. ASSOC MEDICAL & BILLING
HOLY SPIRIT HOSPITAL MEDICAL AND HOSPITAL BILL
WILLIAM A. FREEMAN, M.D. MEDICAL. & BILLING
TO: DALE E. ANSTINE, ESQ.
MCS on behalf of JEFFREY SHIPMAN, ESQUIRE intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If no objection is made the subpoena
may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure
4009.24. 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: 10/01/99
MCS on behalf of
CC: JEFFREY SHIPMAN, ESQUIRE - 22740.773
Any questions regarding this matter, contact
JEFFREY SHIPMAN, ESQUIRE
Attorney for DEFENDANT
THE MCS GROUP, INC.
1601 VdiRYET STREET
1800
PHILADELPHIA PA 19103
(215) 246-0900
DE02-103373 o9982-cox
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ARNOLD VOIROL SAGESMAN , ET AL. File No,
VS.
J.D. PROPERTIES
II 99-3150
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR: WILLIAM A. FREEMAN,M.D.
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or
things: SEE ATTACHED
at THE MCS GROUP, INC., 1601 MARKET STREET SUITE# 800 PHILADELPHIA, PA. 19103
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in
advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party
serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: JEFFERSON SHIPMAN, ESQUIRE
ADDRESS: 320 MARKET STREET P.O. BOX 1268
HARRISBURG,PA. 17108
TELEPHONE: (215) 246-0900
SUPREME COURT ID k:
ATTORNEY FOR: THE DEFENDANT
BY T?11 COURT
DATE: Prothonotary/Cler/Cler Ci I Division
_ 7- 1 Deputy
Seal of the Court
(Eff. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOIL:
WILLIAM A. FItEEMAN, M.D,
67 W. KING STREET
SHIPPENSBURG, PA 17257
RE: 09982
ARNOLD VOIROL SAGESMAN
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 : ARNOLD VOIROL SAGESMAN
9500 FOREST RIDGE RD., SHIPPENSBURG, PA
Social Security A 280-24-6730
Date of Birth: 09-15-30
SU1C-213376 09982-L 05
C O?
'
Wf)
N i
?=?<C
?7 r)
[E U
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CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF: COURT OF COMMON PLEAS
ARNOLD V. SAGESMAN,ET AL TERM, 0000
-VS- CASE NO: 99-3150
J.D. PROPERTIES
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JEFFREY SHIPMAN, ESQUIRE
defendant 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 the 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: 11102/99
/,S/ -4?
JEFFREY SHIPMAN, ESQUIRE
Attorney for DEFENDANT
DEII-139442 09 982 -L 0 6
C OMMO NWBAL T H OP P E N N S YL VAN T .A
COUNTY 017 CUMBERLAND
IN THE MATTER OF: COURT OF COMMON PLEAS
ARNOLD V. SAGESMAN,ET AL
-VS-
J.D. PROPERTIES
TERM, 0000
CASE NO: 99-3150
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS
BRANNAC-FRY OPTHALMOLOGY MEDICAL
TO: DALE E. ANSTINE, ESQ.
MCS on behalf of JEFFREY SHIPMAN. ESQUIRE intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If no objection is made the subpoena
may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure
4009.24. 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: 10/13/99
MCS on behalf of
CC: JEFFREY SHIPMAN, ESQUIRE - 22740.773
Any questions regarding this matter, contact
JEFFREY SHIPMAN, ESQUIRE
Attorney for DEFENDANT
THE MCS GROUP, INC.
1601 MARKET STREET
1800
PHILADELPHIA PA 19103
(215) 246-0900
DE02-104220 0 9 9 8 2- C O a.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ARNOLD VOIROL SAGESMAN , ET AL.
File No. 499-3150
VS. '
J.D. PROPERTIES
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR: BRANNAC-FRY OPTHALMOLOGY
(Name of Person or Entity)
Within twenty (20) days after
things: SEE Al
f this subpoena, you are ordered by the court to produce the following documents or
at THE MCS GROUP, INC., 1601 MARKET STREET SUITE# 800 PHILADELPHIA, PA. 19103
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in
advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party
serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: JEFFERSON SHIPMAN, ESQUIRE.
ADDRESS: 320 MARKET STREET PO BOX 1268
HARRISBURG,PA. 17108
TELEPHONE: (215) 246-0900
SUPREME COURT ID
ATTORNEY FOR: THE. DEFENDANT
//1•,' BBY??fTI-I OU T:
ZM "r-11
DATE: _Ll? 7? 7t'1? ? Prothonotary/Clerk Civil D(v , n
Depu
Seal of the Court
(Eff. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
BRANNAC-PRY OPTHALMOLOGY
1602 SPRING ROAD
CARLISLE, PA 17013
RE: 09982
ARNOLD VOIROL SAGESMAN
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 : ARNOLD VOIROL SAGESMAN
9500 FOREST RIDGE RD., SHIPPENSBURG, PA
Social Security #: 280.24-6730
Date of Birth: 09-15-30
SU10-214914 0998?_-L06
PRAECIPE FOR LISTING CASE FOR TRIAL
(must be typewritten and submitted in duplicate)
TO THE PROTHONDTARY OF CU-SERUM COUNTY
Please list the following cases
(Check one) ( X)Q for JURY trial at the next term of civil court.
( 1 for trial without a jury.
-----------------------------------------
CAPTION (entire caption must be stated in full) (check one)
(XX) Civil Action - Law
ARNOLD V. SEGESMAN and ANITA SEGESMAN
(Plaintiff)
vs.
J.D. PROPERTIES
VS.
(Defendant)
( ) Appeal from Arbitration
(other)
The trial list will be called on
and Jan 2, 2001
Trials cmTnence on January 25, 2001
Fretrials will be held on January 10, 2001
(Briefs are due 5 days before prGtr-Ms.)
(The party listing this case for trial shall
provide forthwith a copy of the praecipe to
all counsel, pursuant to local Rula 214.1.)
No. Civil 99-3150 19
Indicate the attorney who will try case for the party who files this praecipe:
PO Box 952, 2 West Market Street, York, PA 17405
Indicate trial counsel for other parties if knowns
Jefferson J. Shipman, Esquire, Goldberg Katzman 6 Shipman, P.C.
PO Box 1268, Harrisburg.
This ease is ready for trial. Signedi
Print Nave: Greeorv E. Martin
Dates November 6, 2000 Attorney fors Plaintiffs _
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Arnold V. Segesman and
Anita Segesman
No: 99-3150
v
J.D. Properties CIVIL ACTION - LAW
PRAECIPE TO REMOVE
tl?ow 6.Awwr?w w. 1•. (:.
To the Prothonotary: Curtis Long
(X) Please mark the above captioned action SETTLED AND SATISFIED
OR
() Please mark the above captioned judgment or lien set kd and satisfied.
Ire bry E. Martin, Esquire
Otto ney for the Plaintiff
.D. No: 38894
CC: Jeff Shipman, Esquire
'LEASE ISSUE A CERTIFICATE OF SETTLEMENT AND SATISFACTION TO
ATTORNEY MARTIN.
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