HomeMy WebLinkAbout99-05018 (2)
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In The Court of Cotmion ?leas of
Cumberland Councy, ?ennsylyania
?D
lie do solemnly swear (or arrirm) that we wil'_ suooorc, obey and defend
the Constitution of the United States and the Constitution of this Common-
wealth and that we will discharge the duties
AWARD
We, the undersigned arbitrators, having been duly appoinced and sworn
(or affirmed), make the following award:
(Note: If damages for delay are awarded, they shall be
separa:.ely stated.)
Arbitrat
applicable.)
Date of Hearing: 3 Z? E oZ
Date of Award: ??--
NOTICE OF =NTRY ..r WAFnn
Now, the day of , at the above
award was entered upon the docket and aocice :hereof given by mail to the
parties or their attorneys.
Arbitrators` compensation to be
paid upon appeal:
S
?rochonocary
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GM-DISEleu. KAIZ.11AN h SHIPMAN. ItC.
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ABELN LAW OFFICES
37 East Pomfret Street
Carlisle, PA 17013-3313
February 1, 2002
Karen S. Coates, Esquire
PO Box 999
Harrisburg, PA 17108-0999
Johnna Kopecky, Esquire.
- / 26 W. High Street
V Carlisle, PA 17013-2922
Telephone: 717/245-2851
FaaimUe: 717/245-9622
E-Mail: AbelnIaw@aol.com
6uy?, (30?C) ot<LC
Even-J- I41ise; III, Esquire
PO Box 1268
Harrisburg, PA 17108-1268
Carol Cingranelli, Esquire
28 S. Pitt St.
Carlisle, PA 17013
RE: MOWERY v. FREYSINGER PONTIAC, INC.
ARBITRATION
No. 1999-5018
Dear Counselors:
As Court-Appointed Chairman of the Board of Arbitrators in the above captioned case, I
have chosen the following as possible dates for the requested arbitration hearing. Please circle
the dates that you find will suit your schedules and return this letter to my office. Once I have
received your responses, I will schedule the hearing with the Court Administrator and send out
notices.
Should you have any questions, please do not hesitate to contact me at my office.
Very truly yours,
,we ckTA-?' r-_?
Gregory Barton Abeln, Esquire
GBA/dfc
. Possible dates for the Arbitration Hearing:
6 2 March: AM & PM 19®& PM), (AM & P 25 (AM & PM), 27 (AM PM),
8 (AM &
rtAtA ? (_2 ma c) r (V1
ROBERT B. MO WERY,
Plaintiff
V.
FREYSINGER PONTIAC, INC.,
Defendant
TO: Karen S. Coates, Esquire
PO Box 999
Harrisburg, PA 17108-0999
Attorney for Plaintiff
Guy W. Brooks, Esquire
PO Box 1268
Harrisburg, PA 17108-1268
Attorney for Defendant
NOTICE OF ARBITRATION HEARING
YOU ARE HEREBY NOTIFIED that the undersigned arbitrators appointed by the Court
in the above captioned matter will meet for the purposes of their appointment on Thursday,
March 28, 2002, beginning at 1:30 p.m. in the hearing room of the old Cumberland County
Courthouse, High & Hanover Streets, Carlisle, Pennsylvania, at which time and place you may
appear and be heard, together with your witnesses and co set, if so desire.
Gregory B. Abeln, Esquire - Chairman
Johnna Kopecky, Esquire
Carol Cingranelli, Esquire
Date: February 11, 2002
cc: Court Administrator's Office
Cumberland County Courthouse
Carlisle, PA 17013
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1999-5018
CIVIL ACTION - LAW
Arbitration Panel
Cumberland County Commissioners
LAW OFFICES
recelva
SAIDIS, SHUFF, FLOWER & LINDSAY
A PROFESSIONAL CORPORATION
JAMES D. FLOWER 26 WEST HIGH STREET
CARLISLE, PENNSYLVANIA 17013
JOHN E. SLIKE TELEPHONE: (717) 243-6222- FACSIMILE: (717) 243.6486
ROBERT C. SAIDIS EMAIL: attorneyra'ssfl-law.com
GEOFFREY S. SHUFF
JAMES D. FLOWER,) R. www.esfl-IaW.COm WEST SHORE OFFICE:
CAROL]. LINDSAY 2109 MARKET STREET
JOHNNA J. KOPECKY CAMP HILL, PA 17011
KARL M. LF.DEBOHM TELEPHONE: (717)737-3405
JOSEPH L. HITCHINGS FACSIMILE: (717)737-3407
THOMAS E. FLOWER
FORREST N. TROUTMAN, 11
REPLY TO CARLISLE
February 7, 2002
Gregory Abeln, Esquire
37 East Pomfret Street
Carlisle, PA 17013
Re: Mowery v. Freysinger Pontiac Arbitration
Dear Greg:
I have circled the date that I am available for an
arbitration. Could you kindly advise when you have selected the
date.
Very truly yours,
SAIDIS, SHUFF LOWER & LINDSAY
John J. Kopecky
JJK:rlm
Enclosure
THOMAS, THOMAS & HAFER, LLP
ATTORNEYS AT LAW
JOSEPH P. HAFHR
JAMES K. THOMAS. It
ROBERTSON R. TAYLOR
JEFFREY H. RE T-116
PETER J. CURRY
R. BURKIi MCLHMORE. JR.
EDWARD H. JORDAN. JR
C. KENT PRICE.
RANDALL G. GALE
DAVID I.. SCHWALM
P1:rRR J. SPEAKER
DOUGLAS B. MARCEIA O
PAUI.J. DELLASEGA
SARAH W. ARO.SIFI.J.
EUGF.NF N. McHUGH
OF COUNSEL
JAMBS K. *1 ROMAS
Gregory Abeln
Abeln Law Offices
37 East Pomfret Street
Carlisle, PA 17013-3313
S'UITHEN L GP.DULDIC
KAREN S. COAI'ES
705 NORT11 FRONT S'I'REE r IGOD B. NARVOL
JAMES J. DODD.O
SIXTH FLOOR DAND!L L. GRILL
BOX 999
F
O JOHN J. WNALLY. III
.
. KFVIN C. McNAMARA
HARRISBURG. 1'A 17108 BROOKS R. FOLAND
_ JONATHAN C. DFISHER
(717) '-777100 JOHN PI-OUNLACKER
_ 1014N 1'. HUSKIN, JR.
FAX (717) '_777105 MICHEI-IL 1. THORP
CLAUDIO J. DIPAOLO
WRITER'S DIRECT DIAL. NUMBER S"I IIPHANII:L. HERSPERGER
HUGH P. O'NEILL. III
(717) 237-7121 W. DARREN POWELL
E-mail: ksc®flhlaw.com DRUMMOND B. TAYLOR
February 6, 2002
RE: Richard Mowery v. Freysinger Pontiac
Dear Attorney Abair:
In response to your request that we provide dates for the arbitration hearing in
the above-captioned matter, please be advised that I am scheduled to commence a paramedic
malpractice trial in the Court of Common Pleas of Allegheny County on Tuesday, March 19,
2002. The trial is expected to last through Tuesday, March 26, 2002. 1 will, nevertheless, be
available for the arbitration hearing on March 27, March 28, March 29 or any day during the first
week in April, 2002.
Thank you for your consideration in this matter.
1AFER, LLP
KSC:djs
cc: Guy Brooks, Esquire
LEHIGH VALLEY OFFICE: 3400 HATH PIKE. SUITE 2201. BETILLEHEM. FA 18017 (61(1) 868-1675 FAX (610) 868-1702
A 2 11 .M A It F b:'1" SIit F: F,I • 5111\1,,1,1,1(111 SVI \R1
P.O. a11N IL64 • II NR It S In Rr., P4: \ \ I11.1 ??11 17108 .126x
717 . :14.4161 • 717.2 2-I.64081F%yI
GOLDBERG, KATY,MAN & SHIPMAN, P.C.
A'1"I'ONNF:Y"S A'I' LAIC
February 5, 2002
OF COUNSEL
F. LEE SHIPMAN
Gregory Barton Abeln, Esquire
Abelin Law Offices
COUNSEL 37 East Pomfret Street
jos'IIIA D. o(;AN Carlisle, PA 17013-3313
Axnaij) l.n B. KocAN
Awnwit L. GOLDBERG Re: Mowery v. Frysinger Pontiac, Inc.
(1951-?000)
Arbitration
HARRY' R. Cxn.onF:xo
(1961-1998)
Dear Mr. Abeln:
RoNA.u AI. K.ATZMAN Enclosed with this correspondence, please find a copy ofyour letter with dates
PAUL J. ESPOSITO circled regarding my availability for the arbitration. I am now representing Mr.
Nxu. HENDERS1401 Mowery in reference to this matter as Mr. Kline as left the firm. Therefore, please
J. JAY COOPER direct future correspondence to my attention. Thank you.
TIIOS1AS E. axes N'F:R
JOHN A. S'IATLER Very truly yours,
APRIL L. S'rRANC-Kolar /?
Guy FI. BROOKS
JEFFERSON J-9111PNIAN
JERRr J. Rt*."o G HH. Brooks
MICHAEL J. CROCF-'Z[ GHB/gjm
TIMMAS J. wmwtt 74863.1
S1*1;1'EN E. GRCx11 Enclosure
JOHN I)F:LoRF.NZu
JoifN R. NINOSH1'
RorcE L. MORRIS
DAVID NI. S'PECKEI.
HF.:CI'HER L. FERNSLF.R
CARLISLE OFFICIv; 717,245.0597 • NMIX OF FICR: 717.x4}.7912
ABELN LAW OFFICES
37 East Pomfret Street
Carlisle, PA 17013-3313
February 1, 2002
Telephone: 717/245-2851
Fawlmile: 717/245.9622
E-Mail: AbelnLaw@aol.com
Karen S. Coates, Esquire Evan J. Kline, Ill, Esquire
PO Box 999 PO Box 1268
Harrisburg, PA 17108-0999 Harrisburg, PA 17108-1268
Johnna Kopecky, Esquire. Carol Cingranelli, Esquire
26 W. High Street 28 S. Pitt St.
Carlisle, PA 17013-2922 Carlisle, PA 17013
RE: MOWERY v. FREYSINGER PONTIAC, INC.
ARBITRATION
No. 1999-5018
Dear Counselors:
As Court-Appointed Chairman of the Board of Arbitrators in the above captioned case, I
have chosen the following as possible dates for the requested arbitration hearing. Please circle
the dates that you find will suit your schedules and return this letter to my office. Once I have
received your responses, I will schedule the hearing with the Court Administrator and send out
notices.
Should you have any questions, please do not hesitate to contact me at my office.
Very truly yours,
Gregory Barton Abeln, Esquire
GBA/dfc
Possible dates for the Arbitration Hearing:
arch: 18-(A & PM), 19 (AM & PM) 20 (AMP M)' C5(A?j & PM, 27 (AM & PM),
28 (AM & PFt)
ABELN LAW OFFICES
37 East Pomfret Street
Carlisle, PA 17013-3313
February 1, 2002
Karen S. Coates, Esquire
PO Box 999
Harrisburg, PA 17108-0999
Johnna Kopecky, Esquire.
26 W. High Street
Carlisle, PA 1 70 1 3-2922
Telephone: 717/245-2851
Facsimile: 717/245.622
E-Mail: AbelnLaw@aol.com
Evan J. Kline, III, Esquire
PO Box 1268
Harrisburg, PA 17108-1268
Carol Cingranelli, Esquire
28 S. Pitt St.
Carlisle, PA 17013
RE: MOWERY v. FREYSINGER PONTIAC, INC.
ARBITRATION
No. 1999-5018
Dear Counselors:
As Court-Appointed Chairman of the Board of Arbitrators in the above captioned case, I
have chosen the following as possible dates for the requested arbitration hearing. Please circle
the dates that you find will suit your schedules and return this letter to my office. Once I have
received your responses, I will schedule the hearing with the Court Administrator and send out
notices.
Should you have any questions, please do not hesitate to contact me at my office.
Very truly yours,
_?Bii jr
Gregory Barton Abeln, Esquire
GBA/dfc
Possible dates for the Arbitration Hearing:
March: 8 (AM & PM), 1/
9 (A-I & PM), 0 (AM & PM) 5 (AM & PM) 27 (AM & P
8 (AM P
GOLDBERG, KATZMAN & SH MMAN, P.C.
Evan I Kline, III - I.D. No. 70283
320 Market Street
Strawberry Square
P.O. Box 1268
Harrisburg, PA 17108-1268
[717] 234-1161
Attorneys for Plaintiff
ROBERT B. MOWERY, COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNA
Plaintiff
VS.
FREYSINGER PONTIAC, INC.,
Defendant
NOTICE
No. 99-5018
JURY TRIAL DEMANDED
CIVIL, ACTION - LAW
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 (20) days after this Complaint and Notice
are served, by entering a written appearance personally or by attorney and filing in writing with the
Court your defenses or objections to the claims set forth against you. You are warned that if you fail
to do so the case may proceed without you and a judgment may be entered against you by the Court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
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.
Court Administrator
4'h Fl. Cumberland County Courthouse
Carlisle, PA 17013
(717)240-6200
NOTICIA
Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene viente (20) dies de platy al partir de Is fecha de Is
demands y la notificacion. Usted debe presenter una apadencia escrita o en persona o por abogado
y archivar en la cone an forma escrita sus defensas o sus objectiones a las demandas en contra de
su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier
quja o puede perder dinero o sus propiedades o otros derechos importantes pare usted.
LLEVE ESTA DEMANDA A UN ABOGADO 1MMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA
EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DI RECCION SE
ENCUENTRA ESCRITA ABAIO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Court Administrator
4'h Fl. Cumberland County Courthouse
Carlisle, PA 17013
(717)240-6200
GOLDBERG. KATZMAN & SHIPMAN, P.C.
Evan J. Kl6w, III - I.D. No. 70283
320 NbAcet sued
strawberry Square
P.O. Box 1268
Harrisburg, PA 17108-1268
1717] 234-4161
Attorneys for Plaintiff
ROBERT B. MOWERY, COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNA.
Plaintiff
VS.
No. 99-5018
: JURY TRIAL DEMANDED
FREYSINGER PONTIAC, INC.
Defendant
CIVIL ACTION - LAW
COMPLAIN
T
AND NOW comes the Plaintiff, Robert B. Mowery, by and through his attorneys, Goldberg,
Katzman & Shipman, P.C., and files this Complaint against the Defendant, Freysinger Pontiac, Inc.,
and in support thereof offers the following facts and statements to this Honorable Court:
The Plaintiff, Robert B. Mowery, is an adult person who resides at 16 Oak Ridge
Road, Carlisle, Pennsylvania 17013.
2. The Defendant, Freysinger Pontiac, Inc., is a Pennsylvania corporation organized and
existing under the laws of the Commonwealth of Pennsylvania, with a last known address of 1537
Bridge Street, New Cumberland, Cumberland County, Pennsylvania, and doing business at 6251
Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. At all times material to the events mentioned herein, the Defendant owned the real
estate upon which the events referenced herein occurred.
4. At all times material to the events mentioned herein, the Defendant was in possession
and control of the premises and building upon which the events alleged herein occurred.
5. The facts and occurrences hereinafter related took place on or about August 20,1997,
at approximately 3:30 p.m., at the premises of Freysinger Pontiac, Inc., at 6251 Carlisle Pike,
Mechanicsburg, Cumberland County, Pennsylvania.
6. At all times material to the events mentioned herein, the Plaintiff, Robert B. Mowery,
was a business invitee and patron of the Defendant, on the premises of the Defendant.
On the aforesaid date, and at the aforesaid time and place, the Plaintiff , Robert B.
Mowery, was on the premises of the Defendant for the purposes of inquiring about repairs made to
his vehicle by the Defendant.
8. On the aforesaid date, shortly before the aforesaid time, the Plaintiff, Robert B.
Mowery, was proceeding down a hallway (the "hallway") on the premises ofFreysinger Pontiac, Inc.
9. Adjacent to the hallway was a ladies restroom, with a door (the "door") that opened
directly into the hallway.
10. On the aforesaid date, at the aforesaid time and place, Mary Freysinger opened the
door directly into the path of the Plaintiff, Robert B. Mowery, causing a severe impact between the
Plaintiff, Robert B. Mowery, and the door.
11. As a direct and proximate result of the impact with the door, as aforesaid, Plaintiff,
Robert B. Mowery, suffered serious, painful, and disabling injuries, including, but not limited to the
2
following: injury to the nerves, bones, discs, muscles and supporting strictures ofthe neck, shoulder,
back, right leg, and foot; soft tissue injuries; and other painful and serious injuries.
12. As a direct and proximate result of the accident of August 20, 1997, Plaintiff has
suffered and will suffer in the future the following: physical pain and suffering, emotional distress, loss
of life's pleasures, inconvenience and miscellaneous out-of-pocket expenses.
13. As a direct and proximate result of the accident of August 20, 1997, Plaintiff, Robert
B. Mowery, has been forced to incur, and in the future may be forced to incur, liability for
medication, medical treatment, and other similar expenses in an effort to restore his health.
14. As a direct and proximate result ofthe accident ofAugust 20, 1997, Plaintiffs earning
capacity is believed to have been reduced and may be permanently impaired.
COUNT I - NEGLIGENCE
15. The averments of Paragraphs 1-14 are incorporated herein by reference.
16. The accident and the resulting injuries and damages to the Plaintiff, Robert B.
Mowery, were the direct and proximate result ofthe negligence, carelessness, and recklessness ofthe
Defendant, Freysinger Pontiac, Inc., consisting of the following:
A. Allowing patrons and business invitees, and the Plaintiff,
Robert B. Mowery, specifically, to use the hallway when it
was unreasonably dangerous and hazardous;
B. Failing to maintain the hallway, and the door, in a manner that
kept them reasonably safe for individuals using the hallway
and/or the door;
C. Failing to adequately wam individuals using the hallway, and
the Plaintiff, Robert B. Mowery, specifically, of the inherent
danger of the door opening into the hall;
D. Installing, causing to be installed, or allowing to remain, a type
of door in the hallway that created an unreasonable risk that
individuals, and Plaintiff, Robert B. Mowery, specifically,
would be injured by the door;
E. Failing to warn the public generally and the Plaintiff, Robert
B. Mowery, specifically, of the aforesaid dangerous or
hazardous conditions and/or defects in the hallway and the
door,
Failing to conduct regular or reasonable inspections of the
hallway and the door and thereby failing to discover and
repair/revise the dangerous or hazardous conditions and/or
defects in the hallway and door;
G. Failing to eliminate the dangerous or hazardous conditions
and/or defects in the hallway and door, and
Failing to prevent patrons and business invitees, including the
Plaintiff, Robert B. Mowery, from entering areas of the
premises where dangerous or hazardous conditions existed.
17. The Defendant, itself, and by and through its officers, agents and employees, knew,
or through the exercise of reasonable diligence, should have known, of the dangerous or hazardous
conditions and/or defects of the hallway and door, as aforesaid.
18. The Defendant, itself, and by and through its officers, agents and employees, knew or
through the exercise of reasonable diligence, should have known, that patrons and business invitees,
including the Plaintiff, would not discover or realize the dangerous conditions, as aforesaid, or protect
themselves from the same.
4
19. The Defendant, itself, and by and through its officers, agents and employees, would
have discovered the unreasonably dangerous conditions, as aforesaid, had it conducted reasonable
inspections.
WHEREFORE, the Plaintiff, Robert B. Mowery, demands judgment against the Defendant,
Freysinger Pontiac, Inc., in an amount in excess ofThirty-Five Thousand Dollars ($35,000), exclusive
of interest, costs and delay damages, plus interest, costs and delay damages, which claimed amount
is in excess of any jurisdictional amount requiring compulsory arbitration.
COUNT H - NEGLIGENCE/RESPONDEAT SUPERIOR
20. The averments of Paragraphs 1-19 are incorporated herein by reference.
21. The Plaintiff believes, and therefore avers, that at all times material and relevant to the
events mentioned herein, Mary Freysinger was employed by the Defendant, Freysinger Pontiac, Inc.,
or was an officer of the Defendant, Freysinger Pontiac, Inc., and was acting as the agent, servant,
employee, and officer of the Defendant, within the scope of her employment, agency, or position.
22. The accident and the resulting injuries and damages sustained by the Plaintiff occurred
as a direct and proximate result ofthe negligence, carelessness, and recklessness of Mary Freysinger,
consisting of the following:
A. Failing to ascertain the approach of individuals in the hallway
prior to suddenly opening the door,
B. Opening the door in a manner that did not afford individuals
approaching the door an opportunity to avoid striking it or
being struck;
5
C. Failing to observe individuals in the hallway;
D. Failing to stop the door before it struck the Plaintiff, Robert B.
Mowery; and
E. Opening the door in such a manner as to cause it to collide
with Plaintiff, Robert B. Mowery.
23. The negligence and carelessness of Mary Freysinger, as aforesaid, was a substantial
factor in the happening of the accident.
WHEREFORE, the Plaintiff, Robert B. Mowery, demands judgment against the Defendant,
FreysingerPontiac, Inc., in an amount in excess ofThirty-Five Thousand Dollars ($35,000), exclusive
of interest, costs and delay damages, plus interest, costs and delay damages, which claimed amount
is in excess of anyjurisdictional amount requiring compulsory arbitration.
Respectfully submitted
GOLDBERG, KAT7.MAN & SHIIPMAN, P.C.
By: /- ' ((?
Evan I Klin , I, Esquire
320 Market Street
Strawberry Square
P.O. Box 1268
Harrisburg, PA 17108-1268
[717] 2344161
Attorney I.D. No. 70283
Date: Attorneys for Plaintiff
30910.1
6
VERIFICATION
I, Robert B. Mowery, hereby acknowledge that I am a Plaintiff in this action; that I
have read the foregoing document and that the facts stated therein are true and correct to the best of
my knowledge, information and belief.
I understand that any false statements herein are made subject to penalties of 18 Pa.
C.S. Section 4904, relating to unworn falsification to authorities.
Robert B. Mowery
Date: /'?/ - P- 9 f
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing
document upon all counsel of record by depositing the same in the United States Mail, first class,
postage prepaid, at Harrisbur Pennsylvania, on the O ?-
B day of ` 1999,
addressed as follows:
Karen S. Coates, Esquire
Thomas, Thomas & Hafer, LLP
305 North Front Street
Sixth Floor
P.O. Box 999
Harrisburg, PA 17108
GOLDBERG, KATZMAN & SHIPMAN, P.C.
BY I (?--- `-W
Evan J. I e, III, Esquire
I.D. No. 70283
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
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GOLDBERG, KATZMAN & SHH'MAN, P.C.
Evan J. Kline, III - I.D. No. 70283
320 Market Street
Strawberry Square
P.O. Box 1268
Harrisburg, PA 17108-1268
[717] 2344161
Attorneys for Plaintiff
ROBERT B. MOWERY, COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNA.
Plaintiff
No. 99-5018
vs.
FREYSINGER PONTIAC, INC.,
JURY TRIAL DEMANDED
CIVIL ACTION - LAW
Defendant
PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER
AND NOW comes the Plaintiff, Robert B. Mowery, by and through his counsel, Goldberg,
Katzman & Shipman, P.C. and Evan J. Kline, III, Esquire, and files the following Reply to New
Matter- and avers as follows:
24.-34. The averments of these paragraphs constitute conclusions of law to which no
responses are required, the same are therefore denied. To the extent that these averments are deemed
factual, they are denied, and proof thereof is demanded.
35. The averments of this paragraph are conclusions of law to which no response is
required, the same are therefore, denied. To the extent that this averment is deemed factual, the
Plaintiff denies that his alleged injuries are the result of pre-existing conditions and not a result of the
alleged incident occurring on August 20, 1997. To the contrary, all of the Plaintiff's alleged injuries
are the result of the incident occurring on October 20, 1997.
Respectfully submitted,
GOLDBERG, KATZMAN & SHIPMAN
BY Z--' ?[7
Evan J. me, Esquire
Attorney I.D. #70283
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Date: `l (717) 234-4161
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing
document upon all counsel of record by depositing the same in the United States Mail, first class,
'-"
postage prepaid, at Harrisburg, Pennsylvania, on the day of Z?/11i''," -4,1999,
addressed as follows:
Karen S. Coates, Esquire
Thomas, Thomas & Hafer, LLP
305 North Front Street
Sixth Floor
P.O. Box 999
Harrisburg, PA 17108
GOLDBERG, KATZMAN & SHIPMAN, P.C.
By
Evan J. Kline, 411, Esquire
I.D. No. 70283
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 2344161
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Karen S. (3081011, Esquire
Attorney I.D. 0 52854
Thomas, Thomas 3 Hafer, LLP
305 North Front Street
P. O. Box 899
Harrisburg, PA 17108.0999
(717)237.7121
Attorneys for Defendant Freysinger Pontiac, Inc
ROBERT B. MOWERY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
V. NO. 1999-5018
FREYSINGER PONTIAC, INC., CIVIL ACTION - LAW
Defendant JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: Plaintiff Robert B. Mowery, Go Evan J. Kline, III, Esquire, his attorney
You are hereby notified that you are required to respond to the enclosed Answer
with New Matter within twenty (20) days of service or a judgment may be entered against
you.
THOMAS, TIJWAS & HAFER, LLP
Karen S. Coates, Esquir4
Attorney I.D. # 52654
305 North Front Street
P. 0. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Date: November 11, 1999 Attorneys for Defendant
Karen S. Coates, Esquire
Attorney I.D. # 52654
Thomas, Thomas & Hafer, LLP
305 North Front Street
P. 0. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorneys for Defendant Freysinger Pontiac, Inc.
ROBERT B. MOWERY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
V.
FREYSINGER PONTIAC, INC.,
Defendant
NO. 1999-5018
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
DEFENDANT'S ANSWER TO COMPLAINT WITH NEW MATTER
AND NOW, comes Defendant Freysinger Pontiac, Inc. by and through its attorneys,
Thomas, Thomas & Hafer, LLP, and files the following Answer to Plaintiffs Complaint:
Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averment and proof is demanded.
6. Denied. The averments of Paragraph 6 constitutes legal conclusions to which no
response is required. By way of further answer, the averments are specifically denied since
after reasonable investigation, Defendant is without knowledge or information sufficient to form
a belief as to the truth of the averments and proof is demanded.
Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averment and proof is demanded.
8. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments and proof is demanded.
9. Admitted in part and denied in part. It is admitted that adjacent to the hallway,
was a ladies' restroom, with a door that opened toward the hallway. It is, however, specifically
denied that the door opened "directly into the hallway" and proof is demanded.
10. Denied. It is specifically denied that on August 20, 1997, at approximately 3:30
p.m., Mary Freysinger opened the door "directly into the path of Plaintiff Robert B. Mowery" and
proof is demanded. Furthermore, it is specifically denied that any conduct on behalf of Mary
Freysinger in opening the door to the ladies' restroom caused a "severe impact between the
Plaintiff Robert B. Mowery and the door" and proof is demanded.
11. Denied. The averments of Paragraph 11 constitute legal conclusions to which no
response is required. By way of further answer, it is specifically denied that Plaintiff sustained
serious, painful and disabling injuries as a result of impact with the door and proof is demanded.
Furthermore, with respect to the injuries allegedly sustained by the Plaintiff, the averments are
specifically denied since after reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments and proof is demanded.
12. Denied. The averments of Paragraph 12 constitute legal conclusions to which no
response is required. By way of further answer, it is specifically denied that Plaintiff has
suffered and will suffer physical pain and suffering, emotional distress, loss of life's pleasures,
inconvenience and miscellaneous out-of-pocket expenses as a result of his allegedly impacting
with the door and proof is demanded. Furthermore, the averments are specifically denied since
after reasonable investigation, Defendant is without knowledge or information sufficient to form
a belief as to the truth of the averments and proof is demanded.
13. Denied. The averments of Paragraph 13 constitute legal conclusions to which no
response is required. By way of further answer, it is specifically denied that Plaintiff Robert B.
Mowery has been forced to incur and in the future may be forced to incur, liability for
medication, medical treatment and other similar expenses in an effort to restore his health as a
result of the incident allegedly occurring August 20, 1997 and proof is demanded. Furthermore,
with respect to any and all liability allegedly incurred by Plaintiff Robert B. Mowery for
medication, treatment and other expenses now and in the future, the averments are specifically
denied since after reasonable investigation, Defendant is without knowledge or information
sufficient to form a belief as to the truth of the averments and proof is demanded.
14. Denied. The averments of Paragraph 14 constitute legal conclusions to which no
response is required. By way of further answer, it is specifically denied that Plaintiffs earning
capacity has been reduced or may be permanently impaired as a result of the alleged incident
occurring on August 20, 1997 and proof is demanded. Moreover, with respect to the reduction
and/or potential permanent impairment in the Plaintiffs earning capacity, the averments are
specifically denied since after reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments and proof is demanded.
COUNT I - NEGLIGENCE
15. Paragraphs 1-14 of Defendant's Answer to Plaintiffs Complaint are incorporated
herein by reference as if fully set forth at length.
16. The averments of Paragraph 16, including subparagraphs (A)-(F) constitute legal
conclusions to which no response is required. By way of further answer, it is specifically denied
that Defendant Freysinger Pontiac, Inc. was negligent, careless and/or reckless in any manner
whatsoever. Furthermore, it is specifically denied that any conduct on the part of Defendant
Freysinger Pontiac, Inc. was the direct and proximate result of any injuries allegedly sustained
by the Plaintiff. Finally, it is specifically denied that Defendant Freysinger Pontiac, Inc. was
negligent, careless and reckless in:
(A) Allowing patrons and business invitees, and the Plaintiff,
Robert B. Mowery, specifically, to use the hallway when it
was unreasonably dangerous and hazardous, and proof is
demanded;
(B) Failing to maintain the hallway, and the door, in a manner that
kept them reasonably safe for individuals using the hallway and/or
the door, and proof is demanded;
(C) Failing to adequately warn individuals using the hallway, and the
Plaintiff, Robert B. Mowery, specifically, of the inherent danger of
the door opening into the hall, and proof is demanded;
(D) Installing, causing to be installed, or allowing to remain, a type of
door in the hallway that created an unreasonable risk that individuals,
and Plaintiff, Robert B. Mowery, specifically, would be injured by the
door, and proof is demanded;
(E) Failing to warn the public generally and the Plaintiff, Robert B. Mowery,
specifically, of the aforesaid dangerous or hazardous conditions and/or
defects in the hallway and the door, and proof is demanded;
(F) Failing to conduct regular or reasonable inspections of the hallway
and the door and thereby failing to discover and repair/revise the
dangerous or hazardous conditions and/or defects in the hallway
and door, and proof is demanded;
(G) Failing to eliminate the dangerous or hazardous conditions and/or
defects in the hallway and door, and proof is demanded; and
(H) Failing to prevent patrons and business invitees, including the Plaintiff
Robert B. Mowery, from entering areas of the premises where dangerous
or hazardous conditions existed, and proof is demanded.
17. Denied. The averments of Paragraph 17 constitute legal conclusions to which no
response is required. By way of further answer, it is specifically denied that any dangerous or
hazardous condition and/or defect existed on the Defendant's premises on the date of the
alleged incident. Moreover, it is specifically denied that Defendant, its officers, agents, and/or
employees knew or through the exercise of reasonable diligence should have known, of the
existence of any allegedly dangerous, hazardous, or defective condition and proof is demanded.
18. Denied. The averments of Paragraph 18 constitute legal conclusions to which no
response is required. By way of further answer, it is specifically denied that any dangerous
condition existed on Defendant's premises and proof is demanded. Furthermore, it is
specifically denied that Defendant, its officers, agents and/or employees knew or through the
exercise of reasonable diligence, should have known that patrons and business invitees would
fail to discover or realize any allegedly dangerous condition or protect themselves from the
same and proof is demanded.
19. Denied. The averments of Paragraph 19 constitute legal conclusions to which no
response is required. By way of further answer, it is specifically denied that any unreasonably
dangerous condition existed on Defendant's premises on the date of the alleged incident and
proof is demanded. Furthermore, it is specifically denied that Defendant, its officers, agents
and/or employees would have discovered the alleged unreasonably dangerous condition had it
conducted reasonable inspections and proof is demanded.
WHEREFORE, Defendant Freysinger Pontiac, Inc. demands judgment in its favor and
against Plaintiff Robert B. Mowery.
COUNT II - NEGLIGENCE/RESPONDEAT SUPERIOR
20. Paragraphs 1-19 of Defendant's Answer to Plaintiffs Complaint are incorporated
herein by reference as if fully set forth at length.
21. Denied. The averments of Paragraph 21 constitute legal conclusions to which no
response is required.
22. Denied. The averments of Paragraph 22, including subparagraphs (A)-(E)
constitute legal conclusions to which no response is required. By way of further answer, it is
specifically denied that Mary Freysinger, acting as an agent, servant, employee and/or officer of
Defendant Freysinger Pontiac, Inc. was negligent, careless and reckless in any manner
whatsoever. Furthermore, it is specifically denied that any conduct of Mary Freysinger was a
direct and proximate result of the injuries allegedly sustained by the Plaintiff and proof is
demanded. Finally, it is specifically denied that Mary Freysinger was negligent, careless and/or
reckless in:
(A) Failing to ascertain the approach of individuals in the hallway
prior to suddenly opening the door, and proof is demanded;
(B) Opening the door in a manner that did not afford individuals
approaching the door an opportunity to avoid striking it or
being struck, and proof is demanded;
(C) Failing to observe individuals in the hallway, and proof is demanded;
(D) Failing to stop the door before it struck the Plaintiff, Robert B.
Mowery, and proof is demanded; and
(E) Opening the door in such a manner as to cause it to collide
with Plaintiff, Robert B. Mowery, and proof is demanded.
23. Denied. The averments of Paragraph 23 constitute legal conclusions to which no
response is required. By way of further answer, it is specifically denied that Mary Freysinger
was negligent and/or careless in any manner whatsoever. Furthermore, it is specifically denied
that any conduct on the part of Mary Freysinger was a substantial factor in the happening of the
accident and proof is demanded.
WHEREFORE, Defendant Freysinger Pontiac, Inc. demands judgment in its favor and
against Plaintiff Robert B. Mowery.
6
NEW MATTER
24. Plaintiff has failed to state a cause of action upon which relief can be granted.
25. Plaintiffs claims are barred by the statute of limitations.
26. Defendant Freysinger Pontiac, Inc., its agents, servants, employees and/or
officers were not negligent, careless or reckless in any manner whatsoever.
27. On or about August 20, 1997, there was no dangerous condition existing on the
premises at 6251 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania.
28. On or about August 20, 1997, any conditions existing on the premises of 6251
Carlisle Pike, Mechanicsburg, Cumberland County, were open and obvious.
29. Any acts or omissions of Defendant Freysinger Pontiac, Inc. were not substantial causes
or factors of the subject incident and/or did not result in the losses alleged by the Plaintiff.
30. The incident and/or damages described in Plaintiffs Complaint were caused by
or contributed to by the Plaintiff.
31. The negligent acts or omissions of other individuals and/or entities constitute
intervening, superseding causes of the damages and/or injuries alleged to have been sustained
by the Plaintiff.
32. Plaintiffs cause of action is barred by his contributory negligence.
33. Plaintiffs claims are limited or otherwise barred by application of Pennsylvania's
Comparative Negligence Act, 42 Pa. C.S. §7102.
34. Plaintiff assumed the risk of injury.
35.
of the alleged incident occurring on August 20, 1997.
Plaintiff's alleged injuries are the result of pre-existing conditions and not a result
Date: November 11, 1999 Attorneys for Defendant
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
VERIFICATION
I' r ' ?ra duly authorized representative of
Freysinger Pontiac, Inc., Defendant in this a on, do hereby verify that the statements made in the
foregoing Answer to Complaint with New Matter are true and correct to the best of my knowledge,
information and belief. I understand that false statements made herein are subject to the penalties
of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities.
FR?EYYSIN(G?ER PONTIAC, INC.
Date: ! ?- 1999
8
CERTIFICATE OF SERVICE
I do hereby certify that on this day I served a true and correct copy of the
foregoing document by first class mail, postage pre-paid, addressed to the following:
Evan J. Kline, III, Esquire
Goldberg, Katzman & Shipman, P.C.
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
Date: November 11, 1999
:74522.1
10
ROBERT B. MOWERY,
Plaintiff
V.
FREYSINGER PONTIAC, INC.
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
NO. 1999-5018
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ORDER OF COURT
AND NOW, this day of ?k/w,( d 002, in consideration of the Defendant's
Petition for Appointment of Arbitrator4ursuant to C.C.R.P. 1302-2, Esq.,
0461__I?z Esq., and ?G9aJK< Esq., are appointed arbitrators in
i
the above-captioned action as requested.
BY THE COURT:
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Karen S. Coates, Esquire
Attorney I.D. # 52654
Thomas, Thomas & Hafer, LLP
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108.0999
(717) 237-7121
Attorneys for Defendant Freysinger Pontiac, Inc.
ROBERT B. MOWERY,
Plaintiff
V.
FREYSINGER PONTIAC, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
NO. 1999-5018
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
DEFENDANT'S PETITION FOR APPOINTMENT OF ARBITRATORS
AND NOW, comes counsel for Defendant Freysinger Pontiac, Inc. in the above action,
and files this Petition for Appointment of Arbitrators pursuant to C.C.R.P. 1302-2 and respectfully
represents that:
1. The above captioned action is at issue.
2. The amount in controversy is $25,000.00 or less. There is no counterclaim on
behalf of the Defendant.
3. Defendant is not aware of any members of the Cumberland County Bar who are
interested in the case as counsel or who are otherwise disqualified to sit as arbitrators.
r
WHEREFORE, Petitioner respectfully requests that this Court appoint a board of
arbitrators to whom the matter shall be submitted.
Respectfully submitted,
HAFER,LLP
r ren S. Cocfes, Esquife
ttorney I.D. # 52654
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Date: January 15, 2002 Attorneys for Defendant Freysinger Pontiac, Inc.
CERTIFICATE OF SERVICE
I do hereby certify that on this day I served a true and correct copy of the
foregoing document by first class mail, postage pre-paid, addressed to the following:
Guy Brooks, Esquire
Goldberg, Katzman & Shipman, P.C.
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
LLP
S. Coates, Esquire
Date: January 15, 2002
:154963.1
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ti,?
Evan J. Kline, M. Esquire
GOLDBERG, KATZMAN & SHMMAN, P.C.
Attorney I.D. N 70283
320 East Markel Street, Strawberry Square
P.O. Box 1268
Harrisburg, PA 17108-1268
(717)2344161
Attomeys for Plaintiffs
ROBERT B. MOWER It, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNA.
V.
No. p
l a - s-O!,Pt
FREYSINGER PONTIAC, INC., CIVIL ACTION - LAW
Defendant JURY TRIAL DEMANDED
PRAECIPE TO ISSUE WRFF OF SUMMONS
TO THE PROTHONOTARY;
Please issue a Writ of Summons against the Defendant, Freysinger Pontiac, Inc. The
corporation's registered office is located at 1537 Bridge Street, New Cumberland, PA 17070.
Respectfully submitted,
GOLDBERG, KATZMAN & SHIPMAN, P.C.
By: `:-- /4?,
Evan J. Klin , III, Esquire
Attorney I.D. No. 70283
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Attorneys for Plaintiff
Date:
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Commonwealth of Pennsylvania
County of Cumberland
Robert B. Mowery
va
Freysinger Pontiac, Inc.
1537 Bridge Street
New Cumberland PA 17070
Court of Conunou Pleas
99-5008 Civ l Term
No. ------------------------------------- 19
Civil Action - Law
In ------------------------------
To -°Freysinger Pontiac, Inc.:
------------------------------------------
You are hereby notified that
------------------------------------ Robert _B,_ Mowery------------------
-'- -- - ------- ----------------------------
the Plaintiff has commenced an action in ______ S----------------------------
against ummons - Civil Action - Law
you which you are required to defend or a default judgment may be entered against you.
(SEAL)
CURTIS R. LONG
------------------------------------------
Prothho?notary
Date _---- August- 18!---------- 1991 8y ------Depu - ----- -
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Karen S. Coates, Esquire
Attorney I.D. # 52654
Thomas, Thomas & Hafer, LLP
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorneys for Defendant Freysinger Pontiac, Inc.
ROBERT B. MOWERY,
Plaintiff
V.
FREYSINGER PONTIAC, INC.,
Defendant
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
NO. 1999-5488 s'OIP
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE
Enter the appearance of Karen S. Coates, Esquire and the law firm of Thomas,
Thomas & Hafer, LLP as counsel for Defendant Freysinger Pontiac, Inc. in the above captioned
matter.
& HAFER, LLP
Date: September 14, 1999
Karen S. Coates, Esquire
Attorney I.D. # 52654
305 North Front Street
P. 0. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorneys for Defendant Freysinger Pontiac, Inc.
CERTIFICATE OF SERVICE
I do hereby certify that on this day I served a true and correct copy of the
foregoing document by first class mail, postage pre-paid, addressed to the following:
Evan J. Kline, III, Esquire
Goldberg, Katzman & Shipman, P.C.
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
& HAFER, LLP
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Dat U /? , 1999
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Karen S. Coates, Esquire
Attorney I.D. # 52854
Thomas, Thomas & Hafer, LLP
305 North Front Street
P. 0. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorneys for Defendant Freysinger Pontiac, Inc
ROBERT B. MOWERY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
V. NO. 1999-SORB S-O yd'
FREYSINGER PONTIAC. INC., CIVIL ACTION - LAW
Defendant JURY TRIAL DEMANDED
PRAECIPE FOR RULE TO FILE COMPLAINT
TO THE PROTHONOTARY:
Issue rule on Plaintiff Robert B. Mowery to file a Complaint in the above case
within twenty (20) days after service of the rule or suffer a judgment of non pros.
& HAFER, LLP
Womey 1. D. # 52654
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Date: Septemberfq 1999 Attorneys for Defendant Freysinger Pontiac, Inc.
Y
CERTIFICATE OF SERVICE
I do hereby certify that on this day I served a true and correct copy of the
foregoing document by first class mail, postage pre-paid, addressed to the following:
Evan J. Kline, III, Esquire
Goldberg, Katzman & Shipman, P.C.
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
THOMAS, THPIQAS & HAFER, LLP
Dat Yn?i? y __, 1999
:71516.1
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V.
I
Y
ROBERT B. MOWERY,
Plaintiff
V.
FREYSINGER PONTIAC, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
NO. 1999-5008
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
RULE TO FILE COMPLAINT
AND NOW, this Z, flay of September, 1999, Rule is entered upon Plaintiff Robert B.
Mowery to file a Complaint against Defendant Freysinger Pontiac, Inc. in the above captioned
matter within twenty (20) days of date of service of Rule or suffer a judgment of non pros.
P othonotary
- I
CASE NO: 1999-05008 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MOWERY ROBERT B
VS.
FREYSINGER PONTIAC INC
CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within WRIT OF SUMMONS was served
upon FREYSINGER PONTIAC INC the
defendant, at 10:45 HOURS, on the 23rd day of August
1999 at 1537 BRIDGE ST
NEW CUMBERLAND, PA 17070 CUMBERLAND
County, Pennsylvania, by handing to RON PURKS (ASST. MANAGER)
a true and attested copy of the WRIT OF SUMMONS
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So answer
18.00 ?Z
10.54
00
6.00 X. I mahe, 5 eri
-GOLDBERG, KATZMAN & SHIPMAN
08/24/1999
l
by
Sworn and subscribed to before me
this J `/ a, day of
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Karen S. Coates, Esquire
Attorney I.D. # 52654
Thomas, Thomas & Hafer, LLP
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237.7121
Attorneys for Defendant Freysinger Pontiac, Inc
ROBERT B. MOWERY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
• Sc?K
V. NO. 1999-6*n
CIVIL ACTION - LAW
FREYSINGER PONTIAC, INC.,
Defendant JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I do hereby certify that on this day I served a true and correct copy of the foregoing
REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFFS by first class
mail, postage prepaid, addressed to the following:
Evan J. Kline, III, Esquire
Goldberg, Katzman & Shipman, P.C.
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
Date: September 22, 1999
THOMAS, THOMAS & HAFER, LLP
Bbrbara A. Onorato, Paralegal
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Karen S. Coates, Esquire
Attorney l.D.# 52654
Thomas, Thomas & Hafer, LLP
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108.0999
(717)237.7121
Attorneys for Defendant Freysinger Pontiac, Inc
ROBERT B. MOWERY, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND CTY., PENNSYLVANIA
sore
v. NO. 1999-9Se8
CIVIL ACTION - LAW
FREYSINGER PONTIAC, INC.,
Defendant JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I do hereby certify that on this day I served a true and correct copy of the
foregoing Interrogatories Directed to Plaintiffs by first class mail, postage prepaid, addressed
to the following:
Evan J. Kline, III, Esquire
Goldberg, Katzman & Shipman, P.C.
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
THOMAS, THOMAS & HAFER, LLP
a
Barbara A. Onorato, Paralegal
Attorneys for Defendant
Date: September 22, 1999
ROBERT B. MOWERY,
Plaintiff
V.
FREYSINGER PONTIAC, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
NO. 1999-5008
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoenas for documents and things pursuant to Rule
4009.22, Defendant certifies that:
1 • A Notice of Intent to Serve a Subpoenas with a copy of the subpoena attached
thereto was mailed or delivered to each parry at least twenty days prior to the
day on which the subpoenas is sought to be served;
2. A copy of the Notice of Intent, including the proposed subpoenas, is attached
to this Certificate;
3. No objection to the subpoenas has been received; and
4. The subpoenas which will be served is identical to the subpoenas which is
attached to the Notice of Intent to Serve the Subpoenas.
TFjAftrt? H MAS & 1-fAFER, LLP
KAREN S. COATES, ESQSRE
305 NORTH FRONT STREET - 6TH FLOOR
HARRISBURG, PA 17108
(717) 237-7121
ATTORNEY FOR DEFENDANT
Date: November 9, 1999
THOMAS, THows & HAFER, LLP
ATTORNEYS AT LAW
IOSEPII P IIAPI:R
JAMES K. TIR)MAS. II IIN101'1l1' I. MARK
ROBERTSON II. EAYI )R 305 NORTH FRONT STREET I)ANIH. J. OALLAGIIER
JEFFREY R. RU.1I I(I ROBERT A. TAYLOR
PETER J. CURRI' SIXTH FLOOR SARAII W. ARUSELL
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.
)AM LS K. l'll0\IAS
JOHN AI. POPILUCK
MICHELE J. TH()RP
717-237-7121
October 15, 1999
Evan J. Kline, III, Esquire
Goldberg, Katzman & Shipman, P.C.
320 Market Street
P.O. Box 1268
Harrisburg, Pa 17108-1268
RE: Mowry v. Freysinger
NO. 1999-5008 Civil
Dear Mr. Kline:
Enclosed please find a Notice of Intent to Serve Subpoenas pursuant to
Pa.R.C.P. 4009.21 and copies of said subpoenas, regarding the above-referenced
matter.
& HAFER
14*9
LEI IIGII VALLEY OFFICE: 12 E. MARKE'r STREET. P.O. BOX 1172. HISFH LEI fENI. PA 180 If, U'IDl x6.eJ675 FAX I1,1111 Nna. 1702
ROBERT B. MOWERY,
Plaintiff
V.
FREYSINGER PONTIAC, INC.
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
NO. 1999-5008 CIVIL
NOTICE OF INTENT TO SERVE A SUBPOENA TO
PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.21
TO: Counsel and Parties of Record
Defendant intends to serve a subpoenas identical to the ones 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 subpoenas. If no objection is made, the subpoenas may be served.
;AREN HAFER, LLP
ISCOATES, ESQUIRE
305 NORTH FRONT STREET - 6TH FLOOR
HARRISBURG, PA 17108
(717) 237.7121
ATTORNEY FOR DEFENDANT
Date: October 15, 1999
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ROBERT B. NfflVERY,
V.
File No. 19 99-5018
FREYSINOER PONTIAC, INC.
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANTTO RULE 4009.22
TO: Custodian of Records. Central Penn Sports.Medicine
(Name of Perron or Entity)
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 records regarding Robert B. Mower not just the records regarding the alleged
injury occurring in August, 1997, but any and all treatment records.
at
Thnmac Thnmaa & Hafer. LLP. 305 N. Front St.. P.O. Box 999, Harrisburg Pa 17108
(Address)
You may deliver or mail legible copies of the documents orproduce 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 OFTHE FOLLOWING PERSON:
Name- Earen S. Coates Esouire
Address: 305 N. Front St.. P.O. Box 999
Harrisburtr. Pa 17108
Telephone: 237-7121
Supreme Court ID T 52654
Attorney For: Defendant
BY THE COURT:
Prothonotary/Clerk, Civil Division
Date:
Seal of the Court Deputy
(Eff. 7/97)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ROBERT B. MOWERY,
V.
File No. 1999-5018
FREYSINCER PONTIAC, INC.
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANTTO RULE 4009.22
TO: Custodian of Records Hempt Brothers
(Name of Person or Enery)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things:
Anv and all employment records regarding Robert R mnBjery
at Thnmac Thomas r Hafer. LLP 305 N Front St. P.0 Box 999, Harrisburg Pa 17108
(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 requestat 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 _hpren S Coates Fsouire
Address: 305 N. Front St., P.O. Box 999
Harrisburg, Pa 17108
Telephone: 237-7121
Supreme Court ID # 52654
Attorney For: Defendant
BY THE COURT:
Prothonotary/Clerk, Civil Division
Date: 10-1i-99
Seal of the Court
Deputy
(Eff. 7/97)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ROBERT B. MOWERY,
V. File No. 1999-5018
FREYSINCER PONTIAC, INC.
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANTTO RULE 4009.22
TO: Custodian of Records. Warner Chiropractic Clinic
(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:
Anv and all records regarding Robert B. Mowery, not just the records regarding the alleged injury
occurring in August of 1997, but any and all treatment records.
at Thnmas_ Thomas & Hafer. LLP. 305 N. Front St., P.O. Box 999, Harrisburg, Pa 17108
(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 Karen S. Coates. Esquire
Address: 305 N. Front St.. P.O. Box 999
Harrisbur?. Pa 17108
Telephone: 237-7121
Supreme Court ID n 52654
Attorney For: Defendant
BY THE COURT:
Prothonotary/Clerk, Civil Division
Date: 1 n-1 5-99
Seal of the Court Deputy
(Eff. 7/97)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ROBERT B. MOWERY,
V.
File No. 1999-5018
FREYSINGER PONTIAC, INC.
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANTTO RULE 4009.22
TO: Custodian of Records. Dr. Stuart Hartman
(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:
Any and all records regardinz Robert B. Mowerv. not iust the records pertaining to the alleged injury
occurring in August of 1997, but anv and all treatment records
at ThomaG Thomas Ar Hafer. LLP 305 N. Front St.. P.O. Box 999, Harrisburg, Pa 17108
(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. Karen S. Coates. Esouire
Address: 305 N. Front St.. P.O. Box 999
Harrisbura. Pa 17108
Telephone: 237-7121
Supreme Court ID # 52654
Attorney For: Defendant
BY THE COURT-
Prothonotary/Clerk, Civil Division
Date:
Seal of the Court Deputy
(EH. 7/97)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ROBERT 3. MOWERY,
V. File No. 1999-5018
FREYSINGER PONTIAC, INC.
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records. Jean Santo, Capital Pain Management
(Name of Person or Enely)
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 records regarding Robert B. Mowery, not just the records regarding the alleged injury
occurring in August, 1997, but any and all treatment records.
at Thnma: Thomac & Hafer. LLP 305 N. Front St., P.O. Box 999, Harrisburg Pa 17108
(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 Karen S Coates Fscuire
Address: 305 N. Front St., P.O. Box 999
Harrisburg. Pa 17108
Telephone: 237-7121
Supreme Court ID 1" 52654
Attorney For: Defendant
BY THE COURT:
Prothonotary/Clerk, Civil Division
Date: 10-1 5-99
Seal of the Court
Deputy
(Eff. 7/97)
G- fJ
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ROBERT B. MOWERY,
V.
Plaintiff
FREYSINGER PONTIAC, INC.,
Defendant
PREREQUI
PL
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
NO. 1999 5898 -SOIP
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
As a prerequisite to service of a subpoenas for documents and things pursuant to Rule
4009.22, Defendant certifies that:
1 • A Notice of intent to Serve a Subpoenas with a copy of the subpoena attached
thereto was mailed or delivered to each parry at least twenty days prior to the
day on which the subpoenas is sought to be served;
2. A copy of the Notice of Intent, including the proposed subpoenas, is attached
to this Certificate;
3. No objection to the subpoenas has been received; and
4• The subpoenas which will be served is identical to the subpoenas which is
attached to the Notice of Intent to Serve the Subpoenas.
LLP
KAREN S.- eOATES, ESQUIRE
05 NORTH FRONT STREET-6TH FLOOR
HARRISBURG, PA 17108
(717) 237-7121
ATTORNEY FOR DEFENDANT
Date: February 8, 2000
CERTIFICATE OF SERVICE
I, KAREN S. COATES, ESQUIRE of the law firm of THOMAS, THOMAS, & HAFER, LLP,
do certify that I served the foregoing document on the following person(s), by depositing the same in the
United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows:
Evan J. Kline, 111, Esquire
Goldberg, Katzman & Shipman, P.C.
320 Market Street
P.O. Box 1268
Harrisburg, Pa 17108-1268
I HUMA_ S, T_ ?rS "A?ER, LLP
305 N. FRONT STREET
P.O. BOX 999
HARRISBURG, PA 17108-0999
717-237-7121
Date: February 8, 2000
Karen S. Coates, Esquire
Attorney I.D. # 52654
Thomas, Thomas & Hafer, LLP
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorneys for Defendant Freysinger Pontiac, Inc.
ROBERT B. MOWERY,
Plaintiff
V.
FREYSINGER PONTIAC, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
NO. 1999-5018
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE A SUBPOENA
TO PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.21
Defendant, Freysinger Pontiac Inc. intend 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 will be served.
Date: September 8, 2000
THOMAS, THOMAS & HAFER LLP
B•
KAREN S. COATES, ES IRE
Attorney for Defendant
...
Karen S. Coates, Esquire
Attorney I.D. # 52654
Thomas, Thomas & Hafer, LLP
305 North Front Street
P. 0. Box 999
Harrisburg, PA 17108-0999
(717)237-7121
Attorneys for Defendant Freysinger Pontiac, Inc.
ROBERT B. MOWERY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
V.
FREYSINGER PONTIAC, INC.,
Defendant
NO. 1999-5018
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this I st day of September, 2000 I, BARBARA A. ONORATO, a paralegal in the
law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the
foregoing document by placing a copy of the same in the United States Mail, first class, postage
prepaid, to the following:
Evan J. Kline, III, Esquire
Goldberg, Katzman & Shipman, P.C.
320 Market Street
P. 0. Box 1268
Harrisburg, PA 17108-1268
Date: September 8, 2000
Barbara A. Onorato
Legal Assistant
.?
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ROBERT B. MOWERY,
Plaintiff
V.
FREYSINGER PONTIAC, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
NO. 1999-5018
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TOR E 4009 99
TO: Custodian of Records, Valley Green Medical Center
(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:
Z0121 • 176-32-0605:
at: Thomas Thomas 8 -Hafer. P 0 N Front St.. P O Box-992, Harrisburg PG 17108 -0999
(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 or 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: Karen S. Coates, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7121
SUPREME COURT ID#: 52654
ATTORNEY FOR: Defendant
BY THE COURT:
DATE:
Seal of the Court
Prothonotary/Clerk, Civil Division
Deputy
(4/97)
Cs??
Karen S. Coates, Esquire
Attorney l.D.# 52654
Thomas, Thomas & Hafer, LLP
305 North Front Street
P. 0. Box 999
Harrisburg, PA 17108.0999
(717) 237-7121
Attorneys for Defendant Freysinger Pontiac, Inc.
ROBERT B. MOWERY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
V.
FREYSINGER PONTIAC, INC.,
Defendant
NO. 1999-5018
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE
PREREQUISITE TO SERVICE OF SUBPOENAS
DISCOVERY PURSUANT TO RULE 4009.22
As a prerequisite to service of subpoenas for documents and things pursuant to Rule
4009.22, Defendant certifies that:
(1) A notice of intent to serve the subpoena with a copy of the subpoenas attached thereto
was mailed or delivered to each parry 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) That more than twenty days has elapsed and no objection has been filed.
4) The subpoenas which will be served are identical to the subpoena which are attached
to the notice of intent to serve the subpoena.
LLP
Date: October 19, 2000
rr'COATES, ESQUIRE
for Defendant
Karen S. Coates, Esquire
Attorney I.D. # 52654
Thomas, Thomas & Hafer, LLP
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717)237.7121
Attorneys for Additional Defendant Marilyn Dragna
ROBERT B. MOWERY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
V.
FREYSINGER PONTIAC, INC.,
Defendant
NO. 1999-5018
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this 19th day of October, 2000 I, BARBARA A. ONORATO, a paralegal in the
law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the
foregoing document by placing a copy of the same in the United States Mail, first class, postage
prepaid, to the following:
Evan J. Kline, III, Esquire
Goldberg, Katzman & Shipman, P.C.
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
Date: October 19, 2000
Barbara A. Onorato
Legal Assistant
Karen S. Coates, Esquire
Attorney I.D. # 52654
Thomas, Thomas & Hafer, LLP
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108.0999
(717) 237-7121
Attorneys for Defendant Freysinger Pontiac, Inc.
ROBERT B. MOWERY, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND CTY., PENNSYLVANIA-
c •=
V. NO. 1999-5018 :-
CIVIL ACTION - LAW 2;? -
FREYSINGER PONTIAC, INC., -
Defendant JURY TRIAL DEMANDED -
NOTICE OF INTENT TO SERVE A SUBPOENA -
TO PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.21
he
Defendant, Freysinger Pontiac Inc. intend to serve a subpoena identical to the one that is he
attached to this notice. You have twenty (20) days from the date listed below in which to file of ge
record and serve upon the undersigned an objection to the subpoena. If no objection is made, the
subpoena will be served.
THOMAS, THOMAS & HAFER LLP
Date: September 8, 2000 B
KAREN S. COATES, E IRE
Attorney for Defendant
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ROBERT B. MOWERY,
Plaintiff
V.
FREYSINGER PONTIAC, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
NO. 1999-5018
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THIN
FOR DISCOVERY PURSUANT TO R n E 4009.22
TO: Custodian of Records, Valley Green Medical Center
(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:
Complete copies of any and all medical recordc including 4 t not limited to reports, raw test data
at: Thomas Thomas & Hafer L P 0 N Front St., P.O. Box 299. Harrisburg, PA 17108-0999
(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: Karen S. Coates, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7121
SUPREME COURT ID#: 52654
ATTORNEY FOR: Defendant
BY THE COURT:
DATE:
Seal of the Court
Prothonotary/Clerk, Civil Division
Deputy
(4/97)
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Karen S. Coates, Esquire
Attorney I.D. # 52654
Thomas, Thomas & Hafer, LLP
305 North Front Street
P. 0. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorneys for Defendant Freysinger Pontiac, Inc.
ROBERT B. MOWERY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
V.
FREYSINGER PONTIAC, INC.
Defendant
NO. 1999-5018
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE SUBPOENAS
TO PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.21
Defendant, Freysinger Pontiac Inc. intend 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 will be served.
THOMAS & HAFER LLP
Date: December 20, 2000 Bv:
KAREN S. COATES, ES
Attorney for Defendant
Karen S. Coates, Esquire
Attorney I.D. # 52654
Thomas, Thomas & Hafer, LLP
305 North Front Street
P. 0. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorneys for Defendant Freysinger Pontiac, Inc
ROBERT B. MOWERY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
V.
FREYSINGER PONTIAC, INC.,
Defendant
NO. 1999-5018
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this 20TH day of December, 2000 I, BARBARA A. ONORATO, a paralegal in
the law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the
foregoing document by placing a copy of the same in the United States Mail, first class, postage
prepaid, to the following:
Evan J. Kline, III, Esquire
Goldberg, Katzman & Shipman, P.C.
320 Market Street
P. 0. Box 1268
Harrisburg, PA 17108-1268
Date: December 20, 2000
n /L )G
Barbara A. Onorato
Legal Assistant
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ROBERT B. MOWERY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
V.
FREYSINGER PONTIAC, INC.,
Defendant
NO. 1999-5018
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PROD 1C E DO IM NTS OR THINGS
FOR DISCOVERY PURSt IANT TO R n F 4009.22
TO: Custodian of Records, Orthopedic Institute of PA
(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:
Complete copies of any and all medical r rnrdra including but not IimijQd r reports. raw test data,
buts. dlagno I correspondence- etc, for timalment rendered on b half of Robert Mowery. d1olb-
at: Thomas Thorrnas & Hafer LLP 305 N Front St P.O. Box 999, Harrisburg PA 1710A 0999
(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: Karen S. Coates, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7121
SUPREME COURT ID#: 52654
ATTORNEY FOR: Defendant
BY THE COURT:
DATE:
Seal of the Court Prothonotary/Clerk, Civil Division
Deputy
(4/97)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ROBERT B. MOWERY.
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
V.
FREYSINGER PONTIAC, INC.,
Defendant
NO. 1999-5018
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
-SUBPOENA TO PRODUCE DO t IMENTS OR THINGS
FOR DISCOVERY PURSUANT TOR LE 4009,22
TO: Custodian of Records, Hershey Medical Center
(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:
S4mn4tete copies of any and all m di al r ordc in I ding but not limited to rep0rtc tour test data
ill f_gnosls. correspondence.etc, for treatment rend _rori nn Deb If of Rohal+ Mn W rv. d/o/b:
7/01/ n• 176-32-0605-
at: Thomas Thomas Haf r I I a 'fin N Front Gt P.O. Box a Harrisburg PA 7- 9 (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: Karen S. Coates, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7121
SUPREME COURT ID#: 52654
ATTORNEY FOR: Defendant
DATE:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
(4/97)
ROBERT B. MOWERY,
Plaintiff
V.
FREYSINGER PONTIAC, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
NO. 1999-5018
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE FOR DISCONTINUANCE
TO THE PROTHONOTARY:
prejudice. Kindly mark the above-captioned action as settled, discontinued and ended with
.
GOLDBERG, KATZMAN & SHIPMAN, P.C.
Guy Brooks, Esquire
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Date: _'2002
163338.1
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Attorneys for Plaintiff Robert B. Mowery
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ROBERT B. MOWERY
V.
FREYSINGER PONTIAC, INC.
IN RE: ARBITRATION
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-5018 CIVIL TERM
ORDER OF COURT
AND NOW, April 9, 2002, the Court having been informed that the
above-case has been settled prior to the scheduled hearing, the panel of
arbitrators previously appointed is vacated and the chairman, Gregory B.
Abeln, Esquire, shall be paid the sum of $50.00.
Gregory B. Abeln, Esquire
Chairman
(_.a., m d 2 y d4•D?
Court Administrator
02^,.-P,-9 10: 18
CU u:; J-NlY
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Evan J. Kline, III, Esquire
GOLDBERG, KATZMAN & SHIPMAN, P.C.
Attorney I.D. # 70283
320 East Market Street, Strawberry Square
P.O. Box 1268
Harrisburg, PA 17108-1268
(717)234-4161
Attorneys for Plaintiffs
ROBERT B. MOWERY,
Plaintiff
V.
FREYSINGER PONTIAC, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, ?PENNA.?
No.
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE TO ISSUE WRIT OF SUMMONS
TO THE PROTHONOTARY:
Please issue a Writ of Summons against the Defendant, Freysinger Pontiac, Inc. The
corporation's registered office is located at 1537 Bridge Street, New Cumberland, PA 17070.
Respectfully submitted,
GOLDBERG, KATZMAN & SHIPMAN, P.C.
By: ??-- .
Evan J. Klin , III, Esquire
Attorney I.D. No. 70283
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Attorneys for Plaintiff
77 Date: ?// 7 /
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Commonwealth of Pennsylvania
County of Cumberland
Robert B. Mowery
vs.
Freysinger Pontiac, Inc.
1537 Bridge Street
New Cumberland PA 17070
Freysinger Pontiac, Inc.:
To ---------------------------------------
You are hereby notified that
Court of Common Pleas
99-5008 Civ",sl Term
No. ------------------------------------- 19
Civil Action - Law
In ---------------------------------------------
------------------------------------ Robert--B.--Mowery ------------------------
Summons - Civil Action - Law
the Plaintiff has commenced an action in --------------------------------------------------
against you which you are required to defend or a default judgment may be entered against you.
(SEAL)
CURTIS R. LONG
•------------------------------------------------
Prothonotary
August 18.--........ 1999- B - - ----- -
Date -------------------- y ---a ---- - -- ---
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Karen S. Coates, Esquire
Attorney I. D. # 52654
Thomas, Thomas & Hafer, LLP
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorneys for Defendant Freysinger Pontiac, Inc.
ROBERT B. MOWERY,
Plaintiff
V.
FREYSINGER PONTIAC, INC.,
Defendant
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
NO. 1999-8a -?rc) t P
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE
Enter the appearance of Karen S. Coates, Esquire and the law firm of Thomas,
Thomas & Hafer, LLP as counsel for Defendant Freysinger Pontiac, Inc. in the above captioned
matter.
& HAFER, LLP
Karen S. Coates, Esquire
Attorney I. D. # 52654
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Date: September 14, 1999 Attorneys for Defendant Freysinger Pontiac, Inc.
CERTIFICATE OF SERVICE
I do hereby certify that on this day I served a true and correct copy of the
foregoing document by first class mail, postage pre-paid, addressed to the following:
Evan J. Kline, III, Esquire
Goldberg, Katzman & Shipman, P.C.
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
Dat 1999
:71525.1
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Karen S. Coates, Esquire
Attorney I.D. # 52654
Thomas, Thomas & Hafer, LLP
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorneys for Defendant Freysinger Pontiac, Inc.
ROBERT B. MOWERY,
Plaintiff
V.
FREYSINGER PONTIAC, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
NO. 1999-50% 501P
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE FOR RULE TO FILE COMPLAINT
TO THE PROTHONOTARY:
Issue rule on Plaintiff Robert B. Mowery to file a Complaint in the above case
within twenty (20) days after service of the rule or suffer a judgment of non pros.
& HAFER, LLP
Kar S. Coates, Esquire
Attorney I.D. # 52654
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Date: September1g1999 Attorneys for Defendant Freysinger Pontiac, Inc.
CERTIFICATE OF SERVICE
I do hereby certify that on this day I served a true and correct copy of the
foregoing document by first class mail, postage pre-paid, addressed to the following:
Evan J. Kline, III, Esquire
Goldberg, Katzman & Shipman, P.C.
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
THOMAS, THQKA & HAFER, LLP
Dat T, 1999
:71516.1
Esquire
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Ga., V;
ROBERT B. MOWERY,
Plaintiff
V.
FREYSINGER PONTIAC, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
NO. 1999-5008
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
RULE TO FILE COMPLAINT
AND NOW, this Lt?ay of September, 1999, Rule is entered upon Plaintiff Robert B.
Mowery to file a Complaint against Defendant Freysinger Pontiac, Inc. in the above captioned
matter within twenty (20) days of date of service of Rule or suffer a judgment of non pros.
P othonotary
SHERIFF'S RE" JR\ - RE C' BAR
CASE NO: 1999-05008 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MOWERY ROBERT B
VS.
FREYSINGER PONTIAC I
CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within WRIT OF SUMMONS was served
upon FREYSINGER'PONTIAC INC the
defendant, at 10:45 HOURS, on the 23rd day of August
1999 at 1537 BRIDGE ST
NEW CUMBERLAND, PA 17070 CUMBERLAND
County, Pennsylvania, by handing to RON PURKS (ASST. MANAGER)
a true and attested copy of the WRIT OF SUMMONS
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00 So answers:
10.54 Z
.00
8.00 mas ine, eri
$3b.b4G8L2DBERG, KATZMAN & SHIPMAN
04/1999
?-
by
Sworn and subscribed to before me
this j y ?. day of
19-qcf A.D.
Il L roLnono a ?
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Karen S. Coates, Esquire
Attorney I.D. # 52654
Thomas, Thomas & Hafer, LLP
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorneys for Defendant Freysinger Pontiac, Inc.
ROBERT B. MOWERY,
Plaintiff
V.
FREYSINGER PONTIAC, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
Solt
NO. 1999-9*9g
CIVIL ACTION LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I do hereby certify that on this day I served a true and correct copy of the foregoing
REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFFS by first class
mail, postage prepaid, addressed to the following:
Evan J. Kline, III, Esquire
Goldberg, Katzman & Shipman, P.C.
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
THOMAS, THOMAS & HAFER, LLP
4 601? J,
B r6ara A. Onorato, Paralegal
Date: September 22, 1999
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Karen S. Coates, Esquire
Attorney I.D. # 52654
Thomas, Thomas & Hafer, LLP
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorneys for Defendant Freysinger Pontiac, Inc.
ROBERT B. MOWERY,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
so i8
NO. 1999-9"8
CIVIL ACTION - LAW
FREYSINGER PONTIAC, INC.,
Defendant
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I do hereby certify that on this day I served a true and correct copy of the
foregoing Interrogatories Directed to Plaintiffs by first class mail, postage prepaid, addressed
to the following:
Evan J. Kline, III, Esquire
Goldberg, Katzman & Shipman, P.C.
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
THOMAS, THOMAS & HAFER, LLP
AAt:fi 0,0, -1,
Barbara A. Onorato, Paralegal
Attorneys for Defendant
Date: September 22, 1999
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GOLDBERG, KATZMAN & SHIPMAN, P.C.
Evan J. Kline, III - I.D. No. 70283
320 Market Street
Strawberry Square
P.O. Box 1268
Harrisburg, PA 17108-1268
[7171234-4161
Attorneys for Plaintiff
ROBERT B. MOWERY, COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNA
Plaintiff
No. 99-5018
vs.
JURY TRIAL DEMANDED
FREYSINGER PONTIAC, INC.,
Defendant
CIVIL, ACTION - LAW
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 (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 ifyou 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.
Court Administrator
0 Fl. Cumberland County Courthouse
Carlisle, PA 17013
(717)240-6200
N TICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la
demands y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado
y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de
su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier
quja o puede perder dinero o sus propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IlVIMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA
EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Court Administrator
4" Fl. Cumberland County Courthouse
Carlisle, PA 17013
(717)240-6200
GOLDBERG, KATZMAN & 81HPMAN, P.C.
Evan J. Kline, III - I.D. No. 70283
320 Market Street
Strawberry Square
P.O. Box 1268
Harrisburg, PA 17108-1268
[717] 234-4161
Attorneys for Plaintiff
ROBERT B. MOWERY, COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNA
Plaintiff
No. 99-5018
VS.
FREYSINGER PONTIAC, INC.
Defendant
JURY TRIAL DEMANDED
CIVIL ACTION - LAW
COMPLAINT
AND NOW comes the Plaintiff, Robert B. Mowery, by and through his attorneys, Goldberg,
Katzman & Shipman, P.C., and files this Complaint against the Defendant, Freysinger Pontiac, Inc.,
and in support thereof offers the following facts and statements to this Honorable Court:
1. The Plaintiff, Robert B. Mowery, is an adult person who resides at 16 Oak Ridge
Road, Carlisle, Pennsylvania 17013.
2. The Defendant, Freysinger Pontiac, Inc., is a Pennsylvania corporation organized and
existing under the laws of the Commonwealth of Pennsylvania, with a last known address of 1537
Bridge Street, New Cumberland, Cumberland County, Pennsylvania, and doing business at 6251
Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. At all times material to the events mentioned herein, the Defendant owned the real
estate upon which the events referenced herein occurred.
4. At all times material to the events mentioned herein, the Defendant was in possession
and control of the premises and building upon which the events alleged herein occurred.
5. The facts and occurrences hereinafter related took place on or about August 20, 1997V
at approximately 3:30 p.m., at the premises of Freysinger Pontiac, Inc., at 6251 Carlisle Pike,
Mechanicsburg, Cumberland County, Pennsylvania.
6. At all times material to the events mentioned herein, the Plaintifl? Robert B. Mowery,
was a business invitee and patron of the Defendant, on the premises of the Defendant.
7. On the aforesaid date, and at the aforesaid time and place, the Plaintiff, Robert B.
Mowery, was on the premises of the Defendant for the purposes of inquiring about repairs made to
his vehicle by the Defendant.
8. On the aforesaid date, shortly before the aforesaid time, the Plaintiff, Robert B.
Mowery, was proceeding down a hallway (the "hallway") on the premises of Freysinger Pontiac, Inc.
9. Adjacent to the hallway was a ladies restroom, with a door (the "door") that opened
directly into the hallway.
10. On the aforesaid date, at the aforesaid time and place, Mary Freysinger opened the
door directly into the path of the Plaintiff, Robert B. Mowery, causing a severe impact between the
Plainta Robert B. Mowery, and the door.
11. As a direct and proximate result of the impact with the door, as aforesaid, Plaintiff,
Robert B. Mowery, suffered serious, painful, and disabling injuries, including, but not limited to the
2
following: injury to the nerves, bones, discs, muscles and supporting structures ofthe neck, shoulder,
back, right leg, and foot; soft tissue injuries; and other painful and serious injuries.
12. As a direct and proximate result of the accident of August 20, 1997, Plaintiff has
suffered and will suffer in the future the following: physical pain and suffering, emotional distress, loss
of life's pleasures, inconvenience and miscellaneous out-of-pocket expenses.
13. As a direct and proximate result of the accident of August 20, 1997, Plaintiff, Robert
B. Mowery, has been forced to incur, and in the future may be forced to incur, liability for
medication, medical treatment, and other similar expenses in an effort to restore his health.
14. As a direct and proximate result ofthe accident ofAugust 20,1997, Plaintiff s earning
capacity is believed to have been reduced and may be permanently impaired.
COUNT I - NEGLIGENCE
15. The averments of Paragraphs 1-14 are incorporated herein by reference.
16. The accident and the resulting injuries and damages to the Plaintiff Robert B.
Mowery, were the direct and proximate result ofthe negligence, carelessness, and recklessness ofthe
Defendant, Freysinger Pontiac, Inc., consisting of the following:
A. Allowing patrons and business invitees, and the Plaintiff,
Robert B. Mowery, specifically, to use the hallway when it
was unreasonably dangerous and hazardous;
B. Failing to maintain the hallway, and the door, in a manner that
kept them reasonably safe for individuals using the hallway
and/or the door;
3
C. Failing to adequately warn individuals using the hallway, and
the Plaintiiiy Robert B. Mowery, specifically, of the inherent
danger of the door opening into the hall;
D. Installing, causing to be installed, or allowing to remain, a type
of door in the hallway that created an unreasonable risk that
individuals, and Plaintiff, Robert B. Mowery, specifically,
would be injured by the door;
E. Failing to wam the public generally and the Plaintiff, Robert
B. Mowery, specifically, of the aforesaid dangerous or
hazardous conditions and/or defects in the hallway and the
door;
F. Failing to conduct regular or reasonable inspections of the
hallway and the door and thereby failing to discover and
repair/revise the dangerous or hazardous conditions and/or
defects in the hallway and door;
G. Failing to eliminate the dangerous or hazardous conditions
and/or defects in the hallway and door; and
F. Failing to prevent patrons and business invitees, including the
Plaintiff, Robert B. Mowery, from entering areas of the
premises where dangerous or hazardous conditions existed.
17. The Defendant, itself, and by and through its officers, agents and employees, knew,
or through the exercise of reasonable diligence, should have known, of the dangerous or hazardous
conditions and/or defects of the hallway and door, as aforesaid.
18. The Defendant, itself, and by and through its officers, agents and employees, knew or
through the exercise of reasonable diligence, should have known, that patrons and business invitees,
including the Plaintiff, would not discover or realize the dangerous conditions, as aforesaid, or protect
themselves from the same.
4
19. The Defendant, itself and by and through its officers, agents and employees, would
have discovered the unreasonably dangerous conditions, as aforesaid, had it conducted reasonable
inspections.
WHEREFORE, the Plaintiff, Robert B. Mowery, demands judgment against the Defendant,
Freysinger Pontiac, Inc., in an amount in excess of Thirty-Five Thousand Dollars ($3 5,000), exclusive
of interest, costs and delay damages, plus interest, costs and delay damages, which claimed amount
is in excess of any jurisdictional amount requiring compulsory arbitration.
COUNT H - NEGLIGENCE/RESPONDEAT SUPERIOR
20. The averments of Paragraphs 1-19 are incorporated herein by reference.
21. The Plaintiffbelieves, and therefore avers, that at all times material and relevant to the
events mentioned herein, Mary Freysinger was employed by the Defendant, Freysinger Pontiac, Inc.,
or was an officer of the Defendant, Freysinger Pontiac, Inc., and was acting as the agent, servant,
employee, and officer of the Defendant, within the scope of her employment, agency, or position.
22. The accident and the resulting injuries and damages sustained by the Plaintiffoccurred
as a direct and proximate result of the negligence, carelessness, and recklessness of Mary Freysinger,
consisting of the following:
A. Failing to ascertain the approach of individuals in the hallway
prior to suddenly opening the door;
B. Opening the door in a manner that did not afford individuals
approaching the door an opportunity to avoid striking it or
being struck,
5
C. Failing to observe individuals in the hallway,
D. Failing to stop the door before it struck the Plaintiff Robert B.
Mowery; and
E. Opening the door in such a manner as to cause it to collide
with Plaintiff, Robert B. Mowery.
23. The negligence and carelessness of Mary Freysinger, as aforesaid, was a substantial
factor in the happening of the accident.
WHEREFORE, the Plaintiff, Robert B. Mowery, demands judgment against the Defendant,
FreysingerPontiac, Inc., in an amount in excess ofThirty-Five Thousand Dollars ($35,000), exclusive
of interest, costs and delay damages, plus interest, costs and delay damages, which claimed amount
is in excess of any jurisdictional amount requiring compulsory arbitration.
Respectfidly submitted
GOLDBERG, KATZMAN & SHIPMAN, P.C.
By: ,
Evan J. Kh" Esquire
320 Market Street
Strawberry Square
P.O. Box 1268
Harrisburg, PA 17108-1268
[717] 234-4161
Attorney I.D. No. 70283
Date: Attorneys for Plaintiff
30910.1
6
VERIFICATION
I, Robert B. Mowery, hereby acknowledge that I am a Plaintiff in this action; that I
have read the foregoing document and that the facts stated therein are true and correct to the best of
my knowledge, information and belief.
I understand that any false statements herein are made subject to penalties of 18 Pa.
C.S. Section 4904, relating to unsworn falsification to authorities.
Robert B. Mowery
Date: /D - /> 9 j
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing
document upon all counsel of record by depositing the same in the United States Mail, first class,
postage prepaid, at Harrisburg, Pennsylvania, on the 7-t day of ae i-?"4 -1-,1999,
addressed as follows:
Karen S. Coates, Esquire
Thomas, Thomas & Hafer, U.P
305 North Front Street
Sixth Floor
P.O. Box 999
Harrisburg, PA 17108
GOLDBERG, KATZMAN & SHIPMAN, P.C.
By L-A' 4_
Evan J. kiide, III, Esquire
I.D. No. 70283
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
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ROBERT B. MOWERY,
V.
Plaintiff
FREYSINGER PONTIAC, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
NO. 1999-5068
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
As a prerequisite to service of a subpoenas for documents and things pursuant to Rule
4009.22, Defendant certifies that:
1. A Notice of Intent to Serve a Subpoenas with a copy of the subpoena attached
thereto was mailed or delivered to each party at least twenty days prior to the
day on which the subpoenas is sought to be served;
2. A copy of the Notice of Intent, including the proposed subpoenas, is attached
to this Certificate;
3. No objection to the subpoenas has been received; and
4. The subpoenas which will be served is identical to the subpoenas which is
attached to the Notice of Intent to Serve the Subpoenas.
- H MA5 & F.FER, LLP
KAREN S. COATES, ESQUIRE
305 NORTH FRONT STREET - 6TH FLOOR
HARRISBURG, PA 17108
(717) 237-7121
ATTORNEY FOR DEFENDANT
Date: November 9, 1999
JOSEPH P. HAFER
JAMES K. THOMAS. II
ROBERTSON B. TAYLOR
JEFFREY B. RETTIG
PETER J. CURRY
R. BURKE McLEMORE. JR.
EDWARD H. JORDAN. JR.
C. KENT PRICE
RANDALL G. GALE
DAVID L. SCHWALM
PETER J. SPEAKER
DOUGLAS B. MARCELLO
PAUL J. DELLASEGA
OF COUNSEL
JAMES K. THOMAS
THOMAS, THOMAS & HAFER, LLP
ATTORNEYS AT LAW
305 NORTH FRONT STREET
SIXTH FLOOR
P.O. Box 999
HARRISBURG. PA 17103
(717) 237-71(N)
FAX (717) 237-7105
WRITER'S DIRECT DIAL NUMBER
717-237-7121
October 15, 1999
Evan J. Kline, III, Esquire
Goldberg, Katzman & Shipman, P.C.
320 Market Street
P.O. Box 1268
Harrisburg, Pa 17108-1268
Dear Mr. Kline:
RE: Mowry v. Freysinger
NO. 1999-5008 Civil
TIMOTHY I. MARK
DANIEL J. GALLAGHER
ROBERT A. TAYLOR
SARAH W. AROSELL
EUGENE N. McHUGH
STEPHEN E. GEDULDIG
KAREN S. COATES
GARY T. LATHROP
TODD B. NARVOL
JAMES J. DODD-O
KENNETH A. RAPP
KEVIN C. McNAMARA
BROOKS R. FOLAND
JOHN FLOUNLACKER
JOHN M. POPILOCK
MICHELE J. THORP
Enclosed please find a Notice of Intent to Serve Subpoenas pursuant to
Pa.R.C.P. 4009.21 and copies of said subpoenas, regarding the above-referenced
matter.
& HAFER
sas
LEHIGH VALLEY OFFICE: 12 E. MARKET STREET. P.O. BOX 1172. BETHLEHEM, PA 18016 (610) 563-1675 FAX (610) 563-1702
Very truly yours,
ROBERT B. MOWERY,
Plaintiff
V.
FREYSINGER PONTIAC, INC.
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
NO. 1999-5008 CIVIL
NOTICE OF INTENT TO SERVE A SUBPOENA TO
PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.21 "
TO: Counsel and Parties of Record
Defendant intends to serve a subpoenas identical to the ones 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 subpoenas. If no abjection is made, the subpoenas may be served.
HAFER, LLP
KAREN S. COATES, ESQUIRE
305 NORTH FRONT STREET - 6TH FLOOR
HARRISBURG, PA 17108
(717) 237-7121
ATTORNEY FOR DEFENDANT
Date: October 15, 1999
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ROBERT B. MOWERY,
V. File No. 1999-5018
FREYSINGER PONTIAC, INC.
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANTTO RULE 4009.22
TO: Custodian of Records Central Penn Sports Medicine
(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:
Any and all records regarding Robert B. Mowery, not just the records regarding the alleged
injury occurring in August, 1997, but any and all treatment records.
at Thnma? Thomas do Hafer. LLP 305 N. Front St_ P.O. Box 999, Harrisburg, Pa 17108
(Address)
You may deliver or mail legible copies of the documents orproduce 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 bytl,iis 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 OFTHE FOLLOWING PERSON:
Name Karen S Coates Esquire
Address: 305 N. Front St.. P.O. Box 999
Harrisburg. Pa 17108
Telephone
237-7121
Supreme Court ID # 52654
Attorney For:
BY THE COURT:
Prothonotary/Clerk, Civil Division
Defendant
Date: 1 0-1 5-99
Seal of the Court
Deputy
(Eff. 7/97)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ROBERT B. MOWERY,
V. File No. 1999-5018
FREYSINGER PONTIAC, INC.
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANTTO RULE 4009.22
TO: Custodian of Records Hempt Brothers
(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:
Any and all employment records reo-ardine Robert B. Mowery.
at Thmmna Thomas & Hafer. LLP 305 N. Front St., P.O. Box 999, Harrisburg, Pa 17108
(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 Karen S Coates Fsouire
Address: 305 N. Front St., P.O. Box 999
HarrisburP. Pa 17108
Telephone: 237-7121
Supreme Court ID n 52654
Attorney For:
Defendant
BY THE COURT:
Prothonotary/Clerk, Civil Division
Date: 1 n 1 5 99
Seal of the Court
Deputy
(Eff. 7/97)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUUBERLAND
ROBERT B. MOWERY,
V. File No. 1999-5018
FREYSINGER PONTIAC, INC.
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUAWTO RULE 4009.22
TO: Custodian of Records Warner Chiropractic Clinic
(Name of Person or Erdity)
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 records regarding Robert B. Mowery, not just the records regarding the alleged injury
occurring in August of 1997, but any and all treatment records.
at Thomas, Thomas & Hafer LLP 305 N. Front St., P.O. Box 999, Harrisburg, Pa 17108
(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 Karen S Coates Esquire
Address: 305 N Front St., P.O. Box 999
Harrisburg Pa 17108
Telephone: 237-7121
Supreme Court ID # 52654
Attorney For:
Defendant
BY THE COURT:
Prothonotary/Clerk, Civil Division
Date: 1 0-1 5-99
Seal of the Court
Deputy
(Eff. 7/97)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ROBERT B. MOWERY,
V. File No. 1999-5018
FREYSINGER PONTIAC, INC.
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANTTO RULE 4009.22
TO: Custodian of Records Dr. Stuart Hartman
(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:
Any and all records regarding Robert B. Mowery. not just the records pertaining to the alleged injury
occurring in August of 1997, but any and all treatment records.
at Thnmaa, Thomas & Hafer. LLP 305 N. Front St., P.O. Box 999, Harrisburg, Pa 17108
(Ad*ess)
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 Karen S Coates Esquire
Address: 305 N. Front St., P.O. Box 999
Harrisburg:. Pa 17108
Telephone: 237-7121
Supreme Court ID n 52654
Attorney For: Defendant
BY THE COURT:
Prothonotary/Clerk, Civil Division
Date: 10-15-99
Seal of the Court
Deputy
(Eff. 7/97)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ROBERT B. MOWERY,
V. File No. 1999-5018
FREYSINGER PONTIAC, INC.
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records Jean Santo, Capital Pain Management
(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:
Any and all records regarding Robert B. Mowery, not just the records regarding the alleged injury
in August, 1997, but any and all treatment records.
at Hafer. LLP. 305 N. Front St., P.O. Box 999, Harrisburg, Pa 17108 - Thomas, Thomas & (emu)
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 Karen S Coates Fsauire
Address: 305 N. Front St., P.O. Box 999
Harrisburv Pa 17108
Telephone: 237-7121
Supreme Court ID n 52654
Attorney For: Defendant
BY THE COURT:
Prothonotary/Clerk, Civil Division
Date:
Seal of the Court
Deputy
(Eff. 7/97)
i T
_
r
:.7 7>
Karen S. Coates, Esquire
Attorney I. D. # 52654
Thomas, Thomas & Hafer, LLP
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorneys for Defendant Freysinger Pontiac, Inc.
ROBERT B. MOWERY,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
NO. 1999-5018
CIVIL ACTION - LAW
FREYSINGER PONTIAC, INC.,
Defendant JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: Plaintiff Robert B. Mowery, c/o Evan J. Kline, III, Esquire, his attorney
You are hereby notified that you are required to respond to the enclosed Answer
with New Matter within twenty (20) days of service or a judgment may be entered against
you.
THOMAS, THOMAS & HAFER, LLP
Men S. Coates, EsquiFd
Attorney I.D. # 52654
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Date: November 11, 1999 Attorneys for Defendant
Karen S. Coates, Esquire
Attorney I.D. # 52654
Thomas, Thomas & Hafer, LLP
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorneys for Defendant Freysinger Pontiac, Inc.
ROBERT B. MOWERY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
V.
FREYSINGER PONTIAC, INC.,
Defendant
NO. 1999-5018
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
DEFENDANT'S ANSWER TO COMPLAINT WITH NEW MATTER
AND NOW, comes Defendant Freysinger Pontiac, Inc. by and through its attorneys,
Thomas, Thomas & Hafer, LLP, and files the following Answer to Plaintiffs Complaint:
Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averment and proof is demanded.
6. Denied. The averments of Paragraph 6 constitutes legal conclusions to which no
response is required. By way of further answer, the averments are specifically denied since
after reasonable investigation, Defendant is without knowledge or information sufficient to form
a belief as to the truth of the averments and proof is demanded.
7. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averment and proof is demanded.
8. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments and proof is demanded.
9. Admitted in part and denied in part. It is admitted that adjacent to the hallway,
was a ladies' restroom, with a door that opened toward the hallway. It is, however, specifically
denied that the door opened "directly into the hallway" and proof is demanded.
10. Denied. It is specifically denied that on August 20, 1997, at approximately 3:30
p.m., Mary Freysinger opened the door "directly into the path of Plaintiff Robert B. Mowery" and
proof is demanded. Furthermore, it is specifically denied that any conduct on behalf of Mary
Freysinger in opening the door to the ladies' restroom caused a "severe impact between the
Plaintiff Robert B. Mowery and the door" and proof is demanded.
11. Denied. The averments of Paragraph 11 constitute legal conclusions to which no
response is required. By way of further answer, it is specifically denied that Plaintiff sustained
serious, painful and disabling injuries as a result of impact with the door and proof is demanded.
Furthermore, with respect to the injuries allegedly sustained by the Plaintiff, the averments are
specifically denied since after reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments and proof is demanded.
12. Denied. The averments of Paragraph 12 constitute legal conclusions to which no
response is required. By way of further answer, it is specifically denied that Plaintiff has
suffered and will suffer physical pain and suffering, emotional distress, loss of life's pleasures,
inconvenience and miscellaneous out-of-pocket expenses as a result of his allegedly impacting
with the door and proof is demanded. Furthermore, the averments are specifically denied since
after reasonable investigation, Defendant is without knowledge or information sufficient to form
a belief as to the truth of the averments and proof is demanded.
2
13. Denied. The averments of Paragraph 13 constitute legal conclusions to which no
response is required. By way of further answer, it is specifically denied that Plaintiff Robert B.
Mowery has been forced to incur and in the future may be forced to incur, liability for
medication, medical treatment and other similar expenses in an effort to restore his health as a
result of the incident allegedly occurring August 20, 1997 and proof is demanded. Furthermore,
with respect to any and all liability allegedly incurred by Plaintiff Robert B. Mowery for
medication, treatment and other expenses now and in the future, the averments are specifically
denied since after reasonable investigation, Defendant is without knowledge or information
sufficient to form a belief as to the truth of the averments and proof is demanded.
14. Denied. The averments of Paragraph 14 constitute legal conclusions to which no
response is required. By way of further answer, it is specifically denied that Plaintiffs earning
capacity has been reduced or may be permanently impaired as a result of the alleged incident
occurring on August 20, 1997 and proof is demanded. Moreover, with respect to the reduction
and/or potential permanent impairment in the Plaintiffs earning capacity, the averments are
specifically denied since after reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments and proof is demanded.
COUNT I - NEGLIGENCE
15. Paragraphs 1-14 of Defendant's Answer to Plaintiffs Complaint are incorporated
herein by reference as if fully set forth at length.
16. The averments of Paragraph 16, including subparagraphs (A)-(F) constitute legal
conclusions to which no response is required. By way of further answer, it is specifically denied
that Defendant Freysinger Pontiac, Inc. was negligent, careless and/or reckless in any manner
whatsoever. Furthermore, it is specifically denied that any conduct on the part of Defendant
Freysinger Pontiac, Inc. was the direct and proximate result of any injuries allegedly sustained
3
by the Plaintiff. Finally, it is specifically denied that Defendant Freysinger Pontiac, Inc. was
negligent, careless and reckless in:
(A) Allowing patrons and business invitees, and the Plaintiff,
Robert B. Mowery, specifically, to use the hallway when it
was unreasonably dangerous and hazardous, and proof is
demanded;
(B) Failing to maintain the hallway, and the door, in a manner that
kept them reasonably safe for individuals using the hallway and/or
the door, and proof is demanded;
(C) Failing to adequately warn individuals using the hallway, and the
Plaintiff, Robert B. Mowery, specifically, of the inherent danger of
the door opening into the hall, and proof is demanded;
(D) Installing, causing to be installed, or allowing to remain, a type of
door in the hallway that created an unreasonable risk that individuals,
and Plaintiff, Robert B. Mowery, specifically, would be injured by the
door, and proof is demanded;
(E) Failing to warn the public generally and the Plaintiff, Robert B. Mowery,
specifically, of the aforesaid dangerous or hazardous conditions and/or
defects in the hallway and the door, and proof is demanded;
(F) Failing to conduct regular or reasonable inspections of the hallway
and the door and thereby failing to discover and repair/revise the
dangerous or hazardous conditions and/or defects in the hallway
and door, and proof is demanded;
(G) Failing to eliminate the dangerous or hazardous conditions and/or
defects in the hallway and door, and proof is demanded; and
(H) Failing to prevent patrons and business invitees, including the Plaintiff
Robert B. Mowery, from entering areas of the premises where dangerous
or hazardous conditions existed, and proof is demanded.
17. Denied. The averments of Paragraph 17 constitute legal conclusions to which no
response is required. By way of further answer, it is specifically denied that any dangerous or
hazardous condition and/or defect existed on the Defendant's premises on the date of the
alleged incident. Moreover, it is specifically denied that Defendant, its officers, agents, and/or
4
employees knew or through the exercise of reasonable diligence should have known, of the
existence of any allegedly dangerous, hazardous, or defective condition and proof is demanded.
18. Denied. The averments of Paragraph 18 constitute legal conclusions to which no
response is required. By way of further answer, it is specifically denied that any dangerous
condition existed on Defendant's premises and proof is demanded. Furthermore, it is
specifically denied that Defendant, its officers, agents and/or employees knew or through the
exercise of reasonable diligence, should have known that patrons and business invitees would
fail to discover or realize any allegedly dangerous condition or protect themselves from the
same and proof is demanded.
19. Denied. The averments of Paragraph 19 constitute legal conclusions to which no
response is required. By way of further answer, it is specifically denied that any unreasonably
dangerous condition existed on Defendant's premises on the date of the alleged incident and
proof is demanded. Furthermore, it is specifically denied that Defendant, its officers, agents
and/or employees would have discovered the alleged unreasonably dangerous condition had it
conducted reasonable inspections and proof is demanded.
WHEREFORE, Defendant Freysinger Pontiac, Inc. demands judgment in its favor and
against Plaintiff Robert B. Mowery.
COUNT II - NEGLIGENCE/RESPONDEAT SUPERIOR
20. Paragraphs 1-19 of Defendant's Answer to Plaintiffs Complaint are incorporated
herein by reference as if fully set forth at length.
21. Denied. The averments of Paragraph 21 constitute legal conclusions to which no
response is required.
22. Denied. The averments of Paragraph 22, including subparagraphs (A)-(E)
constitute legal conclusions to which no response is required. By way of further answer, it is
5
specifically denied that Mary Freysinger, acting as an agent, servant, employee and/or officer of
Defendant Freysinger Pontiac, Inc. was negligent, careless and reckless in any manner
whatsoever. Furthermore, it is specifically denied that any conduct of Mary Freysinger was a
direct and proximate result of the injuries allegedly sustained by the Plaintiff and proof is
demanded. Finally, it is specifically denied that Mary Freysinger was negligent, careless and/or
reckless in:
(A) Failing to ascertain the approach of individuals in the hallway
prior to suddenly opening the door, and proof is demanded;
(B) Opening the door in a manner that did not afford individuals
approaching the door an opportunity to avoid striking it or
being struck, and proof is demanded;
(C) Failing to observe individuals in the hallway, and proof is demanded;
(D) Failing to stop the door before it struck the Plaintiff, Robert B.
Mowery, and proof is demanded; and
(E) Opening the door in such a manner as to cause it to collide
with Plaintiff, Robert B. Mowery, and proof is demanded.
23. Denied. The averments of Paragraph 23 constitute legal conclusions to which no
response is required. By way of further answer, it is specifically denied that Mary Freysinger
was negligent and/or careless in any manner whatsoever. Furthermore, it is specifically denied
that any conduct on the part of Mary Freysinger was a substantial factor in the happening of the
accident and proof is demanded.
WHEREFORE, Defendant Freysinger Pontiac, Inc. demands judgment in its favor and
against Plaintiff Robert B. Mowery.
6
NEW MATTER
24. Plaintiff has failed to state a cause of action upon which relief can be granted.
25. Plaintiffs claims are barred by the statute of limitations.
26. Defendant Freysinger Pontiac, Inc., its agents, servants, employees and/or
officers were not negligent, careless or reckless in any manner whatsoever.
27. On or about August 20, 1997, there was no dangerous condition existing on the
premises at 6251 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania.
28. On or about August 20, 1997, any conditions existing on the premises of 6251
Carlisle Pike, Mechanicsburg, Cumberland County, were open and obvious.
29. Any acts or omissions of Defendant Freysinger Pontiac, Inc. were not substantial causes
or factors of the subject incident and/or did not result in the losses alleged by the Plaintiff.
30. The incident and/or damages described in Plaintiffs Complaint were caused by
or contributed to by the Plaintiff.
31. The negligent acts or omissions of other individuals and/or entities constitute
intervening, superseding causes of the damages and/or injuries alleged to have been sustained
by the Plaintiff.
32. Plaintiffs cause of action is barred by his contributory negligence.
33. Plaintiffs claims are limited or otherwise barred by application of Pennsylvania's
Comparative Negligence Act, 42 Pa. C.S. §7102.
34. Plaintiff assumed the risk of injury.
7
35. Plaintiffs alleged injuries are the result of pre-existing conditions and not a result
of the alleged incident occurring on August 20, 1997.
Date: November 11, 1999 Attorneys for Defendant
8
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
VERIFICATION
t lr/?!d r /b' fir'
a duly authorized representative of
Freysinger Pontiac, Inc., Defendant in this a don, do hereby verify that the statements made in the
foregoing Answer to Complaint with New Matter are true and correct to the best of my knowledge,
information and belief. I understand that false statements made herein are subject to the penalties
of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities.
FREYSINGER PONTIAC, INC.
Date: //- 1999
8
CERTIFICATE OF SERVICE
I do hereby certify that on this day I served a true and correct copy of the
foregoing document by first class mail, postage pre-paid, addressed to the following:
Evan J. Kline, III, Esquire
Goldberg, Katzman & Shipman, P.C.
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
Date: November 11, 1999
:74522.1
10
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GOLDBERG, KATZMAN & SHIPMAN, P.C.
Evan J. Kline, III - I.D. No. 70283
320 Market Street
Strawberry Square
P.O. Box 1268
Harrisburg, PA 17108-1268
[7171 234-4161
Attorneys for Plaintiff
ROBERT B. MOWERY,
Plaintiff
VS.
FREYSINGER PONTIAC, INC.,
Defendant
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNA
No. 99-5018
JURY TRIAL DEMANDED
CIVIL ACTION - LAW
PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER
AND NOW comes the Plaintiff, Robert B. Mowery, by and through his counsel, Goldberg,
Katzman & Shipman, P.C. and Evan J. Kline, III, Esquire, and files the following Reply to New
Matter, and avers as follows:
24.-34. The averments of these paragraphs constitute conclusions of law to which no
responses are required, the same are therefore denied. To the extent that these averments are deemed
factual, they are denied, and proof thereof is demanded.
35. The averments of this paragraph are conclusions of law to which no response is
required, the same are therefore, denied. To the extent that this averment is deemed factual, the
Plaintiff denies that his alleged injuries are the result of pre-existing conditions and not a result of the
alleged incident occurring on August 20, 1997. To the contrary, all of the plaintiffs alleged injuries
are the result of the incident occurring on October 20, 1997.
Date: I I I Respectfully submitted,
GOLDBERG, KATZMAN & SHIPMAN
By
Evan J. e, Esquire
Attorney I.D. #70283
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Attorney for Plaintiff
t?S :;.. , i fY ?
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing
document upon all counsel of record by depositing the same in the United States Mail, first class,
postage prepaid, at Harrisburg, Pennsylvania, on the
addressed as follows:
Karen S. Coates, Esquire
Thomas, Thomas & Hafer, LLP
305 North Front Street
Sixth Floor
P.O. Box 999
Harrisburg, PA 17108
day of '6ay?-"n ? 1 1999,
GOLDBERG, KATZMAN & SHIPMAN, P.C.
By ,
Evan J. Kline, , Esquire
I.D. No. 70283
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
33764.1
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ROBERT B. MOWERY,
V.
Plaintiff
FREYSINGER PONTIAC, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
NO. 1999-5698 Sots
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
As a prerequisite to service of a subpoenas for documents and things pursuant to Rule
4009.22, Defendant certifies that:
1. A Notice of Intent to Serve a Subpoenas with a copy of the subpoena attached
thereto was mailed or delivered to each party at least twenty days prior to the
day on which the subpoenas is sought to be served;
2. A copy of the Notice of intent, including the proposed subpoenas, is attached
to this Certificate;
3. No objection to the subpoenas has been received; and
4. The subpoenas which will be served is identical to the subpoenas which is
attached to the Notice of Intent to Serve the Subpoenas.
ER, LLP
EN S: MATES, ESQUIRE
05 NORTH FRONT STREET - 6TH FLOOR
HARRISBURG, PA 17108
(717) 237-7121
ATTORNEY FOR DEFENDANT
Date: February 8, 2000
CERTIFICATE OF SERVICE
I, KAREN S. COATES, ESQUIRE of the law firm of THOMAS, THOMAS, & HAFER, LLP,
do certify that I served the foregoing document on the following person(s), by depositing the same in the
United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows:
Evan J. Kline, III, Esquire
Goldberg, Katzman & Shipman, P.C.
320 Market Street
P.O. Box 1268
Harrisburg, Pa 17108-1268
LLP
MREN S. COATES, ESQUIRE
305 N. FRONT STREET
P.O. BOX 999
HARRISBURG, PA 17108-0999
717-237-7121
Date: February 8, 2000
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Karen S. Coates, Esquire
Attorney I.D. # 52654
Thomas, Thomas & Hafer, LLP
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorneys for Defendant Freysinger Pontiac, Inc.
ROBERT B. MOWERY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
V.
FREYSINGER PONTIAC, INC.,
Defendant
NO. 1999-5018
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Defendant, Freysinger Pontiac Inc. intend 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 will be served.
Date: September 8, 2000
THOMAS, THOMAS & HAFER LLP
B _.
KAREN S. COATES, ES IRE
Attorney for Defendant
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Karen S. Coates, Esquire
Attorney I.D. # 52654
Thomas, Thomas & Hafer, LLP
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorneys for Defendant Freysinger Pontiac, Inc.
ROBERT B. MOWERY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
V.
FREYSINGER PONTIAC, INC.,
Defendant
NO. 1999-5018
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AND NOW, this 1st day of September, 2000 I, BARBARA A. ONORATO, a paralegal in the
law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the
foregoing document by placing a copy of the same in the United States Mail, first class, postage
prepaid, to the following:
Evan J. Kline, III, Esquire
Goldberg, Katzman & Shipman, P.C.
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
Date: September 8, 2000
Barbara A. Onorato
Legal Assistant
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ROBERT B. MOWERY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
V.
FREYSINGER PONTIAC, INC.,
Defendant
NO. 1999-5018
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENT OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records, Valley Green Medical Center
(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:
Complete conies of any and all medical records, including but not limited to r IQrtS raw test data
bills diagnosis corres[wndence etc for treatment rendered on behalf of Robert Moweryd/o/b
7/01/33: ssn: 176- -QQ05•
at: Thomas, Thomas & Hafer LLP 305 N Front St P.O. Box 999. Harrisburg PA 17108-0999
(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: Karen S. Coates, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7121
SUPREME COURT ID#: 52654
ATTORNEY FOR: Defendant
DATE:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
(4/97)
Karen S. Coates, Esquire
Attorney I.D. # 52654
Thomas, Thomas & Hafer, LLP
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorneys for Defendant Freysinger Pontiac, Inc.
ROBERT B. MOWERY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
V.
FREYSINGER PONTIAC, INC.,
Defendant
4009.22, Defendant certifies that:
NO. 1999-5018
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
(1) A notice of intent to serve the subpoena with a copy of the subpoenas 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) That more than twenty days has elapsed and no objection has been filed.
4) The subpoenas which will be served are identical to the subpoena which are attached
to the notice of intent to serve the subpoena.
LLP
Date: October 19, 2000 B
R . OAT ES, ESQUIRE
Atro'rnev for Defendant
As a prerequisite to service of subpoenas for documents and things pursuant to Rule
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Karen S. Coates, Esquire
Attorney I.D. # 52654
Thomas, Thomas & Hafer, LLP
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorneys for Additional Defendant Marilyn Dragna
ROBERT B. MOWERY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
V.
FREYSINGER PONTIAC, INC.,
Defendant
NO. 1999-5018
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AND NOW, this 19th day of October, 2000 I, BARBARA A. ONORATO, a paralegal in the
law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the
foregoing document by placing a copy of the same in the United States Mail, first class, postage
prepaid, to the following:
Evan J. Kline, III, Esquire
Goldberg, Katzman & Shipman, P.C.
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
Barbara A. Onorato
Date: October 19, 2000 Legal Assistant
Karen S. Coates, Esquire
Attorney I.D. # 52654
Thomas, Thomas & Hafer, LLP
305 North Front Street
P. 0. Box 999
Harrisburg, PA 17168-0999
(717) 237-7121
Attorneys for Defendant Freysinger Pontiac, Inc.
ROBERT B. MOWERY,
Plaintiff
V.
FREYSINGER PONTIAC, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA-
c
NO. 1999-5018 -
CIVIL ACTION - LAW Z- -
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE A SUBPOENA
TO PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.21
Defendant, Freysinger Pontiac Inc. intend 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 will be served.
Date: September 8, 2000
THOMAS, THOMAS & HAFER LLP
I
KAREN S. COATES, E IRE
Attorney for Defendant
he
he
ge
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ROBERT B. MOWERY,
Plaintiff
V.
FREYSINGER PONTIAC, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
NO. 1999-5018
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records, Valley Green Medical Center
(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:
Complete conies of any and all medical records including but not limited to reports raw test data,
ill diagnosis. corres ndence etc for treatment rendered on behalf of Robert Mowery. d/o/b:
7101/330 ssn: 176-32-0605:
at: Thomas Thomas & Hafer LIP 305 N Front St P.O. Box 999 Harrisburg PA 17108-0999
(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: Karen S. Coates, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7121
SUPREME COURT ID#: 52654
ATTORNEY FOR: Defendant
DATE:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
(4/97)
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Karen S. Coates, Esquire
Attorney I.D. # 52654
Thomas, Thomas & Hafer, LLP
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorneys for Defendant Freysinger Pontiac, Inc.
ROBERT B. MOWERY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
V.
FREYSINGER PONTIAC, INC.,
Defendant
NO. 1999-5018
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
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 will be served.
THOMAS & HAFER LLP
Date: December 20, 2000 By: 4
K AWN S. CO S, ESi
Attorney for Defendant
Defendant, Freysinger Pontiac Inc. intend to serve a subpoena identical to the one that is
Karen S. Coates, Esquire
Attorney I.D. # 52654
Thomas, Thomas & Hafer, LLP
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorneys for Defendant Freysinger Pontiac, Inc.
ROBERT B. MOWERY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
V.
FREYSINGER PONTIAC, INC.,
Defendant
NO. 1999-5018
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AND NOW, this 20TH day of December, 2000 I, BARBARA A. ONORATO, a paralegal in
the law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the
foregoing document by placing a copy of the same in the United States Mail, first class, postage
prepaid, to the following:
Evan J. Kline, III, Esquire
Goldberg, Katzman & Shipman, P.C.
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
Date: December 20, 2000
Barbara A. Onorato
Legal Assistant
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ROBERT B. MOWERY,
Plaintiff
V.
FREYSINGER PONTIAC, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
NO. 1999-5018
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records, Orthopedic Institute of PA
(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:
Complete copies of any and all medical records including but not limited to reports raw test data
bills diagnosis correspondence etc for treatment rendered on behalf of Robert Mowery. d/o/b:
7/01/337 ssn: 176-32-0605:
at: Thomas Thomas & Hafer LLP 305 N Front St P O Box 999 Harrisburg PA 17108-0999
(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: Karen S. Coates, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7121
SUPREME COURT ID#: 52654
ATTORNEY FOR: Defendant
DA
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
(4/97)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ROBERT B. MOWERY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
V.
FREYSINGER PONTIAC, INC.,
Defendant
NO. 1999-5018
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records, Hershey Medical Center
(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:
Complete copies of any and all medical records including but not limited to reports raw test data
bills diagnosis correspondence etc for treatment rendered on behalf of Robert Mowery, d/o/b:
7/01/334 ssn: 176-32-0605:
at: Thomas Thomas & Hafer. LLP. 305 N. Front St. P.O. Box 999. Harrisburg. PA 17108-0999
(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: Karen S. Coates, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7121
SUPREME COURT ID#: 52654
ATTORNEY FOR: Defendant
DATE:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
(4/97)
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ROBERT B. MOWERY,
Plaintiff
V.
FREYSINGER PONTIAC, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
NO. 1999-5018
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AND NOW, this day of 002, in consideration of the Defendant's
Petition for Appointment of Arbitrator pursuant to C.C.R.P. 1302-2 Esq.,
aAAd ? Esq., and Esq., are appointed arbitrators in
the above-captioned action as requested.
BY THE COURT:
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Karen S. Coates, Esquire
Attorney I.D. # 52654
Thomas, Thomas & Hafer, LLP
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorneys for Defendant Freysinger Pontiac, Inc.
ROBERT B. MOWERY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
V.
FREYSINGER PONTIAC, INC.,
Defendant
NO. 1999-5018
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AND NOW, comes counsel for Defendant Freysinger Pontiac, Inc. in the above action,
and files this Petition for Appointment of Arbitrators pursuant to C.C.R.P. 1302-2 and respectfully
represents that:
The above captioned action is at issue.
2. The amount in controversy is $25,000.00 or less. There is no counterclaim on
behalf of the Defendant.
3. Defendant is not aware of any members of the Cumberland County Bar who are
interested in the case as counsel or who are otherwise disqualified to sit as arbitrators.
WHEREFORE, Petitioner respectfully requests that this Court appoint a board of
arbitrators to whom the matter shall be submitted.
Respectfully submitted,
HAFER, LLP
ren S. Co?fes, Esquire
ttorney I.D. # 52654
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Date: January 15, 2002 Attorneys for Defendant Freysinger Pontiac, Inc.
CERTIFICATE OF SERVICE
I do hereby certify that on this day I served a true and correct copy of the
foregoing document by first class mail, postage pre-paid, addressed to the following:
Guy Brooks, Esquire
Goldberg, Katzman & Shipman, P.C.
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
LLP
S. Coates, Esquire
Date: January 15, 2002
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ROBERT B. MOWERY : IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V. :99-5018 CIVIL TERM
FREYSINGER PONTIAC, INC.
IN RE: ARBITRATION
ORDER OF COURT
AND NOW, April 9, 2002, the Court having been informed that the
above-case has been settled prior to the scheduled hearing, the panel of
arbitrators previously appointed is vacated and the chairman, Gregory B.
Abeln, Esquire, shall be paid the sum of $50.00.
Gregory B. Abeln, Esquire y-d4-o?
Chairman c6r, n
Court Administrator ?`?
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