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HomeMy WebLinkAbout99-04985I Y 3 ,N A 1 i W_ Qj Nn ca. a Z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA K. MYERS, Plaintiff V. L. WH EMAN, Defendant // NO. ?J?- hl9PS' Cr-?-?K-Y//?J CIVH. 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 in writing with the Court your defenses or objections to the claims set forth against you. are warned that if you fail to do so, the case may proceed without you and a default 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 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. Dm.K f .?A.YMTI.YY.. Ix. C. i w /, C, POS1T. iC[ 110 eexl, Yuv.l•xxxxv.v.nu nwn 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 DALY. F....1TI'll I XT 1.. P. G lwU x[]t v ?05f Ot.ic[xU Yux.. l'x.xxn.v xuw mn LINDA K. MYERS, NO. Plaintiff V. : CIVIL ACTION -LAW KAREN L. WH.EMAN, Defendant JURY TRIAL DEMANDED LISTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas ezpuestas en las pdginas siguientes, debe tomar acci6n dentro de veinte (20) dies a partir de la fecha en que recibi6 la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en Is Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caw 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 compensacidn reclamados por el Demandante. USTED PUEDE PERDER DINERO, 0 PROPRIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE 0 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 L K. MYERS, NO. ? q. -19,P S C: N T ^ Plaintiff V. CIVIL ACTION - LAW N L. WILEMAN, Defendant FJRY TRIAL DEMA_Nt?E-D 1. The Plaintiff, Linda K. Myers, is an adult individual residing at 32 East Main Box 34, Plainfield, Pennsylvania 17081. 2. The Defendant, Karen L. Wileman, is an adult individual residing at R.D. 1, Box Blain, Pennsylvania 17006. 3. On May 9, 1999, the Plaintiff was the owner and operator of a 1990 Mazda bearing Pa. registration plate J46-662. 4. On May 9, 1999, the Defendant was the operator of a 1991 Ford Aerostar minivan, Pa. registration plate BHK-6240, which was owned by and used with the permission of L. Wileman. 5. On May 9, 1999, at approximately 5:52 p. m., the Plaintiff was operating her vehicle on Allen Road, in Carlisle, Cumberland County, at its intersection with Ritner Route 11, and was intending to proceed straight through the intersection facing a teady green traffic control signal. 6. At that same time and place, the Defendant was operating her vehicle southbound Allen Road when she attempted to make a left-hand turn onto Ritner Highway and turned into Plaintiff s path of travel, causing a collision which resulted in injuries and damages the Plaintiff. 7. This accident occurred as a result of the negligence of the Defendant and was due no manner to any act, or failure to act, on the part of the Plaintiff. 8. This matter is alleged to exceed the applicable limits of arbitration, and a jury trial hereby demanded. 9. The negligence of the Defendant consisted of the following: a) Failing to properly operate and control her motor vehicle; b) Failing to keep alert and maintain a proper lookout for the presence of other motor vehicles; c) Operating her vehicle in careless disregard for the safety of other persons, and the Plaintiff in particular, in violation of 75 Pa.C.S. §3714; d) Failing to yield the right-of-way to Plaintiffs vehicle, in violation of 75 Pa.C.S. §3322; e) Failing to observe the presence of Plaintiffs vehicle when the Defendant knew, or should have known, of the presence of Plaintiffs vehicle; and f) Failing to exercise reasonable care in executing a left- hand turn. 1)"', F.?A.,..T".. M C. roros a . Yon. P. u n wn 2 10. As a result of the negligence of the Defendant, the Plaintiff suffered serious and anent injuries including, but not limited to, bilateral pneumothoraces, chest pain, contusions, pain, knee pain, and a severe shock to her nerves and nervous system. 11. As a result of the negligence of the Defendant, the Plaintiff was forced to incur :al bills and expenses for the injuries she has suffered, the cost or reasonable value of which or may be, in excess of the sum recoverable under the Pennsylvania Motor Vehicle Financial Law, and she will continue to incur medical expenses in the future. 12. As a result of the negligence of the Defendant, the Plaintiff has suffered, or may a severe loss of her earnings and impairment of her earning capacity. This loss of income impairment of earning capacity has exceeded, or may exceed, the sum recoverable under the Motor Vehicle Financial Responsibility Law, and the loss of income and of earning capacity will, or may, continue in the future. 13. As a result of the negligence of the Defendant, the Plaintiff has undergone, and in future may undergo, great mental and physical pain and suffering, mental anguish and loss of life's pleasures, and a severe limitation in her pursuit of daily activities, all her great loss and detriment. 14. Solely as a result of the negligence of the Defendant, the Plaintiff sustained damages the value of her personal property, the 1990 Mazda Protege, as well as towing and costs. UALY. Ii.AVwTlnrr D. C. Yo.? L.a n u v.nn 3 WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment the Defendant in an amount in excess of the mandatory arbitration limits. RESPECTFULLY SUBMITTED: LAW OFFICI;p OF DALE E. ANSTINE, P.C. Gregory E. Martin, Esquire Attorney I.D. #38894 Two West Market Street P.O. Box 952 York, PA 17405 (717) 846 - 0606 v.5: or. O H.. - Yo,,..l............ mn I HEREBY VERIFY that the information set forth in the foregoing Complaint is true and correct to the best of my lmowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa.C.S. $4904, relating to unswom to authorities. LINDA K. MYERS DAL, E WAYXT??1 Yn.? I'e a v...rn 8999 F ?, `LI = G> a N " oN m m 5 g N 0 F W xm> c 4 ? m F 4 ? 0 N 0 Q W ? L P N J 0 6 Y r Y W r a c A . SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-04985 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MYERS LINDA K VS. WILEMAN KAREN L 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: WILEMAN KAREN L but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of PERRY to serve the within NOTICE AND COMPLAINT County, Pennsylvania. On September 17th 1999 this office was in receipt of the attached return from PERRY County, Pennsylvania. Sheriff fIs Costs: So answers. Docketing 18.00 Out of County 9.00 Surcharge 8.00 Deputize Perry Co 38.00 omas i e, 5 eri $7370-9 0ALE A 999NE Sworn and subscribed to before me this /1 *-" day of - 19179 A.D. ro nono ar r i Linda K. Myers IN THE COURT OF COMMON PLEAS OF THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA PERRY COUNTY BRANCH Versus Karen L. Wileman No. 99-4985 i SHERIFF'S RETURN And now September 14 , 1999: Served the within name Karen L. Wileman i the defendant(s) named herin, personally at her place of residence in Jackson Twp. Perry County, PA, on September 14, 1999 at 7:55 o'clock PM by handing to Karen L. Wileman an adult member of family 1 true and attested I copy(ies) of the within Complaint and made known to her the contents thereof Swom and subscribed to before me this is{4 day of s<par,„Gru , 9?9 I So answers, i NOTANAL SEAL W!N A. BARCLAY, Noeery Puk eri of rry County County, PA Wewf eW Eore, Perry My CenwalWae Expires June 19, 4000 r r,n The Court of Common Pleas of Cumberland County, Pennsylvania Linda K. Myers VS. Karen L. Wileman No. 99-4985 Civil Now, 8 / z 3 / 9 9 , 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, within upon at by handing to _ a and made known to So answers, Sworn and subscribed before me this _ day of , 19 19_, at o'clock M. served the ropy of the original the contents thereof. Sheriff of County, PA COSTS SERVICE $ MILEAGE AFFIDAVIT A .t 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 LINDA K. MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. KAREN L. WILEMAN, Defendant TO THE PROTHONOTARY: . NO 99-4985 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE PLEASE ENTER the appearance of the undersigned on behalf of the Defendant in the above-captioned matter. GOLDBERG, KATZMAN & SHIPMAN, P.C. ffdrson J. ShipmaF, Esqui Q0 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant DATE: November 9, 1999 33102.1 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on November 9, 1999: Gregory E. Martin, Esquire Law Offices of Dale E. Anstine, P.C. P.O. Box 952 York, PA 17905 Attorneys for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. fferson J. Shipma Esquire D. #: 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant 33103.1 rl Jefferson J.Shipman, Esquire I.D. $: 51785 GOLDBERG, KATZMAN 6 SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant LINDA K. MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO 99-4985 CIVIL TERM CIVIL ACTION - LAW KAREN L. WILEMAN, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiff, Linda K. Myers and her Attorney, Gregory E. Martin, Esquire Law Offices of Dale E. Anstine, P.C. P.O. Bx 952 York, PA 17405 YOU ARE HEREBY notified to plead to the within New Matter of Defendant, Karen L. Wileman, within twenty (20) days of service hereof. GOLDBERG, KATZMAN & SHIPMAN, P.C. Je fbfAn J. Shipman,' Esquire 32 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant DATE: November 19, 1999 33806.1 Jefferson J.Shipman, Esquire I.D. N: 51785 GOLDBERG, KATZMAN 6 SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant LINDA K. MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO 99-9985 CIVIL TERM CIVIL ACTION - LAW KAREN L. WILEMAN, Defendant JURY TRIAL DEMANDED DEFENDANT'S ANSWER AND NEW MATTER AND NOW, comes the Defendant, Karen L. Wileman, by and through her counsel, Goldberg, Katzman & Shipman, P.C., and files the following Answer and New Matter: 1. Admitted. 2. Admitted. 3. Admitted. 9. Admitted. 5. Denied. After reasonable investigation Ms. Wileman is without sufficient knowledge or information to form a belief as to the proof of the averments contained in Paragraph 5 and the same are, therefore, denied and strict proof demanded at the time of trial. 6. Admitted in part, denied in part. It is admitted only that Defendant was operating her vehicle southbound on Allen Road and was attempting to make a lefthand turn onto Ritner Highway. The remaining averments of Paragraph 6 are denied and strict proof thereof is demanded at the time of trial. 7. Denied. The averments contained in Paragraph 7 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 8. Denied. The averments contained in Paragraph 8 are conclusions of law to which no response is required. By way of further response, Defendant also demands a jury trial. 9. Denied. The averments contained in Paragraph 9, sub- paragraphs (a) through (f) are conclusions of law and fact to which no response is required. If a response is deemed to be required, each and every averment contained in Paragraph 9 and subparagraphs (a) through (f) are specifically denied. 10. Denied. The averments contained in Paragraph 10 are, in part, conclusions of law to which no response is required. If OX, .j a response is deemed to required, the averments contained therein are specifically denied. After reasonable investigation the p ?I answering Defendant is without sufficient knowledge or 1 drt ,+ information to form a belief as to the truth or the remaining 2 averments of Paragraph 10 relating to Plaintiff's alleged injuries and the same are, therefore, denied and strict proof demanded at the time of trial. 11. Denied. The averments contained in Paragraph 11 are, in part, conclusions of law to which no response is required. If a response is deemed to required, the averments contained therein are specifically denied. After reasonable investigation the answering Defendant is without sufficient knowledge or information to form a belief as to the truth or the remaining averments of Paragraph 11 relating to Plaintiff's alleged injuries and the same are, therefore, denied and strict proof demanded at the time of trial. 12. Denied. The averments contained in Paragraph 12 are, in part, conclusions of law to which no response is required. If a response is deemed to required, the averments contained therein are specifically denied. After reasonable investigation the answering Defendant is without sufficient knowledge or information to form a belief as to the truth or the remaining averments of Paragraph 12 relating to Plaintiff's alleged injuries and the same are, therefore, denied and strict proof demanded at the time of trial. 13. Denied. The averments contained in Paragraph 13 are, in part, conclusions of law to which no response is required. If 3 a response is deemed to required, the averments contained therein are specifically denied. After reasonable investigation the answering Defendant is without sufficient knowledge or information to form a belief as to the truth or the remaining averments of Paragraph 13 relating to Plaintiff's alleged injuries and the same are, therefore, denied and strict proof demanded at the time of trial. 14. Denied. The answering Defendant, Ms. Wileman, is without sufficient knowledge or information to form a belief as to truths of the averments contained in Paragraph 14 and the same are, therefore, denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, Karen Wileman, respectfully requests that judgment be entered in her favor and that Plaintiff's Complaint be dismissed with prejudice. NEW MATTER By way of additional answer and reply Defendant, Karen Wileman, interposes the following New Matters: 15. That Plaintiff has failed to state a cause of action for which relief may be granted against Defendant. 4 16. That the Plaintiff's claims are barred and/or limited by the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. §7102, et seo., and by the Doctrine of Comparative Negligence. 17. That the Plaintiff, Linda K. Myers, failed to exercise reasonable care for her own safety under the circumstances then and there existing. 18. That the Plaintiff, Linda K. Myers, was comparatively negligent and failed to exercise reasonable care for her own safety, which included, without limitation, the following: (a) Failing to maintain control of her vehicle; (b) Failing to drive her vehicle at a safe speed; (c) Operating her vehicle without due regard for the rights, safety and position of other vehicles on the roadway; (d) Failing to maintain a proper look-out; (e) Traveling too fast for conditions then and there existing; (f) Being inattentive to conditions then and there existing; (g) Failing to obey traffic controls and signals; and (h) Failing to yield to the Defendant's vehicle. 5 19. That the Plaintiff's failure to exercise reasonable care for her own safety was a substantial factor in the happening of the accident. 20. That the Plaintiff's injuries and damages, if any, were not caused by any acts, omissions, or breaches of duty by Defendant. 21. That Plaintiff knowingly and voluntarily assumed the risk of her own injuries under the circumstances then and there existing. 22. That any damages the Plaintiff may be entitled to recover in this action are limited to those damages which are recoverable under the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. §1701, et sec. 23. That Plaintiff's claims may be limited or barred by the "Limited Tort" option pursuant to 75 Pa. C.S.P.. §1705, gt ses. 29. That the accident, and any injuries sustained by Plaintiff, may have been caused in whole or in part by the negligence of third persons or entities not presently involved in this action. 25. That if it should be found that there was any negligence on the part of the answering Defendant, which 6 negligence is expressly denied, any such negligence was not a proximate cause of any damages to the Plaintiff. 26. That the accident may have been the result of an intervening, superseding cause. 27. That the accident may have been the result of a sudden emergency. WHEREFORE, the Defendants, Karen Wileman, respectfully requests that judgment be entered in her favor and that the Plaintiff's Complaint be dismissed with prejudice. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. 403 erson J. Ship an, Esquire Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant 33481.1 7 !0 . III VERIFICATION I, Karen L. Wileman, have read the foregoing Answer and New Matter 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. Karen L. Wileman DATE: 32729.1 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on November 19, 1999: Gregory E. Martin, Esquire Law Offices of Dale E. Anstine, P.C. P.O. Box 952 York, PA 17905 Attorneys for Plaintiff , KATZMAN & SHIPMAN, P.C. je rerson J. Shipmaf, Esquire 1. . #: 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant 33103.1 C?j r ._ C%j ?Ll! C: zu, : lL U_ ?i m V IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO, PENNSYLVANIA LINDA K. MYERS Plaintiff NO: 99-4985 V : CIVIL ACTION LAW KAREN L. WILEMAN, Defendant : JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT 15. Paragraph 15 states a conclusion of law to which no responsive pleading is required. 16. Denied. Paragraph 16 states a conclusion of law to which no responsive pleading is required. To the extent that such a responsive pleading is required it is denied, and strict proof thereof is demanded at trial. 17. Denied. It is denied that Plaintiff, Linda Myers, failed to exercise reasonable care for her own safety in the circumstances then and there existing, but on the contrary, acted with due diligence at all times. 18. Denied. It is strictly denied that Plaintiff was at any time comparatively negligent or that she failed to exercise reasonable care for her own safety. The averments contained in subparagraphs a - h are conclusions of law and fact to which no response is required. If is a response is deemed to be required, each and every averment contained in I ; paragraph 18 and subparagraphs a - h are specifically denied. 19. Denied. Paragraph 19 states a conclusion of law to which no responsive ?K'??. • ?. pleading is required. To the extent that such a res onsive leadi i i d i p p ng s requ re t is denied Ynv, IMnvvvanu noon ..:? and strict proof thereof is demanded at trial. 20. Denied. It is strictly denied that the Plaintiffs injuries and damages were not caused by the acts and omissions or breaches of duty by Defendant, but on the contrary were in fact caused by the acts, omissions, and breaches of duty by Defendant. 21. Denied. Paragraph 21 states a conclusion of law to which no responsive pleading is required. To the extent that such a responsive pleading is required, it is denied and strict proof thereof is demanded at trial. 22. - 23. Denied. Paragraphs 22 and 23 state a conclusion of law to which no responsive pleading is required. To the extent that such a responsive pleading is required, it is denied and strict proof thereof is demanded at trial. 24. Denied. After reasonable investigation, Plaintiff is without information to form a belief as to the truth or falsity of the averments contained in paragraph 24, and therefore, it is denied and strict proof thereof is demanded at trial. 25. - 27. Denied. Paragraphs 25 through 27 state a conclusion of law to which no responsive pleading is required. To the extent that such a responsive pleading is required, it is denied and strict proof thereof is demanded at trial. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a judgment against the Defendant with costs and interest as allowed by law. Respectfull submitted, LAW OFFINS OF DALE E. ANSTINE, P.C. DAI.R F. A.YXTI.Y M.. R 4. iwO n['v'i u?p?.f? Sfn([r Ym?. 1'n a vnnn BY: Gregory E. Martin, Esquire I.D. NO: 38894 Two West Market Street P.O. Box 952 York PA 17405 (717) 846-0606 I HEREBY VERIFY that the information set forth in the foregoing Reply to New is true and correct to the best of my knowledge, information and belief. I understand any false statements contained herein are subject to the penalties of 18 Pa.C.S. $4904, relating to unswom falsification to authorities. -d "^A Z. ?+4an,. LINDA K. MYERS Nov 30 1999 DILY. E.?AX.T"V, P. C. I.. -161 w 9. O.r CI^M Ynu?, 1'n a vmn CERTIFICATE OF SERVICE AND NOW, this 30th day of November, 1999, I, Gregory E. Martin, Esquire, a member of the Law Offices of Dale E. Anstine P.C., hereby certify that I have, this date, served a copy of the within and foregoing Plaintiffs Reply to New Matter of Defendant by first class United States Mail, postage, pre-paid, addressed to the party or attorney of record as follows: Jefferson J. Shipman, Esquire 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg PA 17108-1268 Respectfully submitted, LAW OFFICE-S OF DALE E. ANSTINE, P.C. BY: Gregory E. Martin, Esquire I.D. NO: 38894 Two West Market Street P.O. Box 952 York PA 17405 (717) 846-0606 DALC}]µANMTIBY..P.C. NST Dated: November 30 1999 .wo wrn twin , Po!t OIriC[ tlO? rea Yorr, IY a Bern i, i l r U a W, W W n N O H N x? N i o < O U W Y N N W N U Y ` 4 4 w 11 9 O w w Z _ ?4 N O y 3 w C j S N ? W ' r A IN THE MATTER OF: LINDA K. MYERS, KAREN L. wILEHAN i CERTIFICATE f PREREQUISITE TO SERVICE OF A SUBPOENA ;. i, PURSUANT TO RULE 4009.22'F -VS- COURT OF COMMON PLEAS TERM, 0 CASE NO: 99-4985 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-.-n/ -10/ 2000 QJEFFREY SHI KAN, ESQUIRE Attorney for DEFENDANT DE11-154572 3-6604-L O 71 C OMMO NWEAI-T H OF P E N N S YL VAN = A COUNTY OP CUMBERLAND _N THE N--OTTER OF: COURT OF COMMON PLEAS L7N: K. MYERS, TERM, 0 -VS- KAREN L. VILEMAN CASE NO: 99-4985 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS CARLISLE SURGICAL CENTER MEDICAL STATE FARM INSURANCE COMPANY INSURANCE TO: GEORGE MARTIN , ESQUIRE MCS on behalf of JEFFREY SHIPMAN ESQUIRE intends to serve a subpoena identical to the one that is atcached 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: 12/21/1999 MCS on behalf of CC: JEFFREY SHIPMAN, ESQUIRE - 22740848 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 DE02-109921 1 6 6 0 4- C 0 1 COMMONYI'EALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LINDA X. MYERS FileNo11 99-4985 . VS. KAREN L. WILEMAN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400922 TO: CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL lrvame of Fenon or Entity) Within twenty (20) day's after service of this subpoena, you are ordered by the court to produce the following documents or things:- SEE ATTAf HFt) 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 HARRTSRURG PA. 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ID k: ATTORNEY FOR: THE DEFENDANT BY THE COURT: 0, /0 Ao?l DATE JL /99L/ Prothhol1notary/CI rk ivil Division Deputy Sea) of the Court (Eff. 7/97) EXPLANATION OF REQUIRED TO: CUSTODIAN OF RECORDS FOR: CARLISLE SURGICAL. CENTER 246 PARKER STREET CARLISLE, PA 17013 RE: 16604 LINDA MYERS Any and all records, correspondence, files and memorandums, handwritten notes, relating to any examination, consultation care or treatment. Dates Requested: up to and including the present. Subject : LINDA MYERS 32 E. MAIN STREET, PAWFIELD, PA 17081 Social Severity A 191-40-8667 Date of Birth: 08.13-1955 SU10-227522 3L6604-L-03- CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS LINDA R. MYERS, TERM, 0 -Vs- CASE NO: 99-4985 KAREN L. WILEMAN 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: 01/10/2000 JEFFREY SHIPMAN, ESQUIRE Attorney for DEFENDANT DEII-154573 1 6 6 0 4- 1-0 2 COMMONWEALTH Or PE14NS12'1-VAN2A COUNTY Or C UMB E KLAN D IN THE MATTER OF: COURT OF COMMON PLEAS LINDA K. MYERS, -VS- KAREN L. WILEMAN TERM, 0 CASE NO: 99-4985 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS CARLISLE SURGICAL CENTER MEDICAL STATE FARM INSURANCE COMPANY INSURANCE TO: GEORGE MARTIN , ESQUIRE 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: 12/21/1999 CC: JEFFREY SHIPMAN, ESQUIRE - 22740848 MCS on behalf of JEFFREY SHIPMAN, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-109921 JL6 6 0 4- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LINDA K. MYERS File No, # 99-4985 • VS. KAREN L. WILEMAN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR, STATE FARM MUT A NS COMnnen. (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 ATTIkettED at 141E ?!GS GROU 888 reas) , 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: -FERSON, Si4plW;' £SgH!HE ADDRESS: ?O MARRFT STRFFT P f) Rf X 1 96R HARRISBURGH, PA. 17108 TELEPHONE: SUPREME COURT ID k: ATTORNEY FOR: THE nir 4NT BY THE COU DATE: ffura..l i, /f, /«J'j Pmthonotary/ er Civil Division L` /NrOft , ? Deputy Seal of the Court (Eff. 7/97) EXPLANATION OF REQUIRED TO: CUSTODIAN OF RECORDS FOR: STATE FARM INSURANCE COMPANY Y.O. BOX 4 115 LIMEKILN ROAD NEW CUMBERLAND, PA 17070 RE: 16604 LINDA MYERS ALL 1ST PARTY BENEFIT FILE DOCUMENTS FOR POLICY NO. 6201-158-38G-001 CLAIM NO. 38-J222-453; D/L 5-9-99 Any and all claims files. Dates Requested: up to and including the present. Subject : LINDA MYERS 32 E. MAIN STREET, PAR*IELD, PA 17081 Social Security /h 191-40-8667 Date of Birth: 08-13-1955 Date of Loss: 05/09/1999 SU10-227524 3-6604-1-02 G h?. C.L L CD ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Linda Myers No: 99-4985 Karen L. Wileman CIVIL ACTION - LAW PRAECIPE TO REMOVE To the Prothonotary: Curt Long (X) Please mark the above captioned action SETTLED AND SATISFIED OR () Please mark the above captioned judgment or lien ?igttled and satisfied. Gre ry E. Mal Attorney for the I.D. No: 38894 D,1, E. A`YY.. I[. MO x[]t A. .Tx[? .-III Vnn P[ untan CC: Jefferson J. Shipman, Esquire PLEASE ISSUE A CERTIFICATE OF SETTLEMENT AND SATISFACTION TO ATTORNEY MARTIN. } .J' , _ ? ? ? ? ? _ i. ?' 1:.. t) (. ^.1 .1'. ? L ?' ??= i i i .. ?.; :