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HomeMy WebLinkAbout03-3329 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY STOUFFER, v. NO. 03 - .33:2'1 ~ie,;Ll/~ CIVIL ACTION - LAW MARY D. DAVIDSON and WILLIAM E. VARNER, Defendants JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (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 LOCAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (7 I 7) 240-6200 NOTICIA 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 demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, Ia corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 170 I 3 (7 I 7) 240-6200 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0.3 -33~'7 C?;c.;~l~~ CIVIL ACTION - LAW TIMOTHY STOUFFER, v. MARY D. DAVIDSON and WILLIAM E. VARNER, Defendants JURY TRIAL DEMANDED COMPLAINT AND NOW, comes, the Plaintiff, Timothy Stouffer, by and through his attorneys, SCHMIDT, RONCA & KRAMER, P.C., and respectfully avers as follows: 1. Plaintiff, Timothy Stouffer, is an adult individual who currently resides at 1957 Wagner's Gap Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, Mal}' D. Davidson, is an adult individual who currently resides at 1107 Three Square Hollow Road, Newburg, Cumberland County, Pennsylvania 17240. 3. Defendant William E. Varner, is an adult individual who currently resides at 310 Dwelling Court, Shippensburg, Cumberland County, Pennsylvania 17257. 4. The facts and occurrences hereinafter stated took place on or about August 9,2002, on SR 696, 1263 Newburg Road, Cumberland County. 5. At the aforementioned date and place, Plaintiff Timothy Stouffer was a passenger in the vehicle of Defendant William E. Varner (hereinafter "Defendant Varner"). 6. At the aforementioned time and place, Defendant Varner was attempting to pull out of the driveway at 1263 Newburg Road onto Southbound SR 696 when his vehicle collided with the vehicle driven by Defendant Mary D. Davidson (hereinafter "Defendant Davidson'). 7. The collision between the Varner vehicle and the Davidson vehicle caused the injuries to Plaintiff Timothy Stouffer as set forth below. COUNT I TIMOTHY STOUFFER v. WILLIAM EUGENE VARNER NEGLIGENCE 8. Paragraphs I through 70f the Plaintiff's Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 9. The accident was caused by the negligence and carelessness of Defendant Varner and was in no way caused or contributed to by Plaintiff Timothy Stouffer. 10. The negligence and carelessness of Defendant Varner consisted of the following: a. driving under the influence of alcohol or controlled substance, a violation of Section 3731 of the Pennsylvania Motor Vehicle Code (75 Pa.C.S.A. 93731); b. careless driving, a violation of Section 3714 of the Pennsylvania Motor Vehicle Code (75 Pa.C.S.A. 93714); c. failing to have his motor vehicle under proper and adequate control; d. failing to apply his brakes in time to avoid a collision; e. negligently applying his brakes; f. failing to observe the Davidson vehicle on the highway; g. failing to exercise a high degree of care required of a motorist entering a roadway; and h. failing to yield the right of way to vehicles on the highway. I I. As a direct and proximate result of the accident, Plaintiff Timothy Stouffer suffered severe and what may be permanent injuries, which may include but are not limited to the following: a. internal injuries; b. rupture of a bowel; c. loss of intestines; and d. injuries to face. 12. As a direct and proximate result of the accident, Plaintiff Timothy Stouffer incurred the following medical expenses: a. York Hospital $216,494.30 b. Anesthesia Associates of York $ 1,614.72 c. WellS pan Medical Group $ 17,835.00 d. Quantum Imaging $ 1,215.00 13. As a direct and proximate result of the accident, Plaintiff Timothy Stouffer has incurred medical expenses to date and may continue to incur medical expenses into the future, and thus, a claim for these expenses is made. 14. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff Timothy Stouffer has been advised and therefore avers that the aforementioned injuries may be permanent in nature and effect and, thus, a claim for these injuries is made. IS. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff Timothy Stouffer has undergone in the past, and will continue to undergo in the future, great pain and suffering, and thus, a claim for these losses is made. 16. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff Timothy Stouffer suffered a permanent diminution of his ability to enjoy life and life's pleasures, and thus, a claim for these losses is made. 17. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff Timothy Stouffer suffered a loss of earnings and an impairment of his earning power and capacity in the future, and thus, a claim for these losses is made. WHEREFORE, Plaintiff Timothy Stouffer demands judgment on the Defendant, William E. Varner, in an amount in excess of an amount requiring compulsory arbitration. COUNT II TIMOTHY STOUFFER v. MARY DAVIDSON NEGLIGENCE 18. Paragraphs 1 through 17 of the Plaintiff's Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 19. The accident was caused by the negligence and carelessness of Defendant Davidson and was in no way caused or contributed to by Plaintiff Timothy Stouffer. 20. The negligence and carelessness of Defendant Davidson consisted of the following: a. operating her vehicle at an excessive rate of speed; b. failure to have her vehicle under proper and adequate control; c. failure to apply her brakes to avoid collision; d. negligently applying her brakes; e. failing to observe the Varner vehicle on the highway; and f. failing to drive at a speed and in a manner that would allow her to stop within the assured clear distance. 2 I. As a direct and proximate result of the accident, Plaintiff Timothy Stouffer suffered severe and what may be permanent injuries, which may include but are not limited to the following: a. internal injuries; b. rupture of a bowel; c. loss of intestines; and d. injuries to face 22. As a direct and proximate result of the accident, Plaintiff Timothy Stouffer incurred the following medical expenses: a. York Hospital b. Anesthesia Associates of York $216,494.30 $ 1,614.72 c. WellS pan Medical Group $ 17,835.00 d. Quantum Imaging $ 1,215.00 23. As a direct and proximate result of the accident, Plaintiff Timothy E. Stouffer has incurred medical expenses to date and may continue to incur medical expenses into the future, and thus, a claim for these expenses is made. 24. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff Timothy Stouffer has been advised and therefore avers that the aforementioned injuries may be permanent in nature and effect and, thus, a claim for these injuries is made. 25. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff Timothy Stouffer has undergone in the past, and will continue to undergo in the future, great pain and suffering, and thus, a claim for these losses is made. 26. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff Timothy Stouffer suffered a permanent diminution of his ability to enjoy life and life's pleasures, and thus, a claim for these losses is made. 27. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff Timothy Stouffer suffered a loss of earnings and an impairment of his earning power and capacity in the future, and thus, a claim for these losses is made. WHEREFORE, Plaintiff Timothy Stouffer demands judgment on the Defendant, Mary D. Davidson, in an amount in excess of an amount requiring compulsory arbitration. Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. erard C. Kramer Attorney at Law / Attorney J.D. No. 44715 209 State Street Harrisburg, PA 17101 (7 I 7) 232-6300 Attorney for Plaintiff I (L- VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION OBTAINED THROUGH COUNSEL !, TIMOTHY STOUFFER, verify that I am the Plaintiff in the foregoing action and that the attached Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of the Complaint to the extent that it is based upon information that I have given to my counsel is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Complaint are that of counsel, I relied upon counsel making this Verification. I understand that intentional false statements herein are subject to the penalties of 18 Pa. C.S.A. !:l 4904 relating to unsworn falsifications to authorities. Date: 6- D3- 03 '/;,~!Iu-- _~)~A TIlwoTHnioutli'R L ~(J~ i .~ - ~ ~ ~ ~ ~:cJ ~ 1- c~~ C) ..eo"! .:..;... (, ' :> ~ .- ~ --,-' ".' -,- rc0 :-'] . -) ; .1 THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendant Mary D. Davidson TIMOTHY STOUFFER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 03-3329 v. CIVil ACTION - LAW MARY D. DAVIDSON and WilLIAM E. VARNER, JURY TRIAL DEMANDED Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as attorneys for Defendant Mary D. Davidson in the above matter. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: ldc~mY7~ Kevin C. McNamara, Esquire I.D.#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendant Mary D. Davidson DATE: 7(3/103 249739-1 (') c:> 0 C <-} -:-'1 ~ :po ""'Ole c:: gt[~ G') ~i' 1 'T. --;:-. ~/ ~'~. () !<c -u "T, ~c ::E: r~;~~ C t:: :Pc. ~ (.J1 ~ -< ...1 -< CERTIFICATE OF SERVICE I, Kevin C. McNamara, Esquire, hereby certify that I have served a true and correct copy of the foregoing ENTRY OF APPEARANCE on the following persons by placing a copy of the same in the United States mail, first class mail, directed to their office addresses as follows: Gerard C. Kramer, Esquire SCHMIDT, RONCA & KRAMER, P.C. 209 State Street Harrisburg, PA 17101 William E. Varner 310 Dwelling Court Shippensburg, PA 17257 THOMAS, THOMAS & HAFER, LLP By: t!..c -)rJ71~ Kevin C. McNamara, Esquire DATE: 1/11/0} 249739-1 0 0 0 c C",) ,) s~ ~ ,,~ I -00..' i~h >L: ~S ~ ~) r11 uS >f1' -<:" ~.ul~~ ~C- -'0 <?~~ ~-' - < "" :;:;C;' ':~ ;:"jrTl ~c: ::'"'i :.n ~ -:;:' -.J -< THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237 -7132 Attorneys for Defendant Mary D. Davidson TIMOTHY STOUFFER, Plaintiff v. MARY D. DAVIDSON and WilLIAM E. VARNER, Defendants TO: All Counsel and Counsel: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3329 CIVil ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. DATE: 1 fJ (03 Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By ic-mYJ~ Kevin C. McNamara, Esquire I.D.#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attomeys for Defendant Mary D. Davidson THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendant Mary D. Davidson Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3329 TIMOTHY STOUFFER, v. CIVIL ACTION - LAW MARY D. DAVIDSON and WILLIAM E. VARNER, JURY TRIAL DEMANDED Defendants DEFENDANT MARY D. DAVIDSON'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, Mary D. Davidson, by her attorneys, Thomas, Thomas & Hafer, LLP and answers Plaintiff's Complaint as follows: 1. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. 2. Admitted. 3. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. 4. Admitted. 5. Admitted. 6. Admitted with qualification. The accident occurred as Varner pulled out from a driveway attempting to turn left onto SR 696. It was Varner's conduct in pulling out into oncoming traffic and that was the sole cause of the accident. 7. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. COUNT I - Stouffer v. Varner - Neqliqence 8. Answering Defendant hereby incorporates her answers to Paragraphs 1 through 7 as if fully set forth herein. 9-17. These allegations are directed to a party other than Answering Defendant and, therefore, no response is required. COUNT II - Stouffer v. Davidson - Neqliqence 18. Answering Defendant hereby incorporates her answers to Paragraphs 1 through 17 as if fully set forth herein. 19. Denied pursuant to Pa.R.C.P. 1029(e). 20(a)-(f). Denied pursuant to Pa.R.C.P. 1029(e). 21-27. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in these paragraphs and proof thereof is demanded. WHEREFORE, Defendant, Mary D. Davidson, respectfully requests that Plaintiff's Complaint be dismissed without cost to her. NEW MATTER 28. No acts or failures to act on the part of Answering Defendant were a substantial factor in bringing about the accident or any injuries to Mr. Stouffer. 250540-1 2 29. The conduct of Mr. Varner was the sole and exclusive cause of this accident and all of the injuries to Mr. Stouffer. NEW MATTER PURSUANT TO PA.R.C.P. 2252(dl 30. Answering Defendant hereby incorporates the allegations in Plaintiff's Complaint directed to Defendant, William E. Varner. 31. The conduct of Defendant Varner was the sole and exclusive cause of the accident and all alleged injuries sustained by Timothy Stouffer. 32. By virtue of his negligent operation of a motor vehicle, Mr. Varner is solely and exclusively liable to the Plaintiff for all damages proximately related to the accident, or alternatively, Mr. Varner is jointly and severally liable with Mary Davidson, liable over to Mary Davidson, or liable to Mary Davidson for contribution. WHEREFORE, Defendant, William E. Varner, is solely liable for all injuries and damages sustained by Timothy Stouffer, or in the alternative, Mr. Varner is jointly and severally liable with Mary Davidson, liable over to Mary Davidson, or liable to Mary Davidson for contribution. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP DATE:'J/I3jOJ /Lcm~ Kevin C. McNamara, Esquire I.D.#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendant Mary D. Davidson By: 250540-1 3 VERIFICATION I, MARY D. DAVIDSON, have read the foregoing ANSWER WITH NEW MATTER which has been drafted by my counsel. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verifir.ation ;s made subject to the penalties of 18 Pa.C.S.A. ~ 4904 relating to unsworn falsification to authorities, which provides that, if I knowingly make false averments, I may be subject to criminal penalties. \';JD~~ ~~ DATE: CERTIFICATE OF SERVICE I, Kevin C. McNamara, Esquire, hereby certify that I have served a true and correct copy of the foregoing ENTRY OF APPEARANCE on the following persons by placing a copy of the same in the United States mail, first class mail, directed to their office addresses as follows: Gerard C. Kramer, Esquire SCHMIDT, RONCA & KRAMER. P.C. 209 State Street Harrisburg, PA 17101 William E. Varner 310 Dwelling Court Shippensburg, PA 17257 DATE: ?/J/o.3 THOMAS, THOMAS & HAFER, LLP By iCrn</)~ Kevin C. McNamara, Esquire 250540.1 4 TIMOTHY STOUFFER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-3329 MARY D. DAVIDSON and WILLIAM E. VARNER, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER OF THE DEFENDANT MARY D. DAVIDSON AND NOW, comes the Plaintiff, Timothy Stouffer, by and through his attorneys, SCHMIDT, RONCA & KRAMER, P.C. and responds as follows: 28. Paragraph 28 states a conclusion of law, which is a denial of the facts of the Complaint. 29. Paragraph 29 does not contain new matter and it is a denial of the facts. It is a conclusion of law and does not require a response. WHEREFORE, the Plaintiff request that this matter be dismissed and judgment be entered in favor of the Plaintiff. Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. 71 ~ erard C. Kramer Attorney at Law Attorney l.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 22,2-6300 Attorney for Plaintiff ATTORNEY VERlFICATIOl'l[ I, Gerard C. Kramer, Esquire, verify that 1 am attorney of record for the Plaintiff. I verify that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904 relating to unsworn falsifications to authorities. Date: f/ZJ))03 ( -------- CERTInCATEOFSER~CE AND NOW, this tJOfJ---day of A Jyu:o}-- , 2003, l, Gerard C. Kramer, Esquire, hereby certify that I this day served the PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT MARY E. DAVIDSON by depositing the same in the U.S. mail, first class mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Kevin C. McNamara, Esquire THOMAS, THOMAS & HAFER P.O. Box 999 Harrisburg, PA 17101 Attorney for Defendant Mary E. Davidson William E. Varner 310 Dwelling Court Shippensburg, PA 17257 Defendant Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. t ~ erard C. Kramer Attorney at Law Attorney I.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorn.ey for Plaintiff C) c: <:'" "'\]l-::"' rr; i -/ .', ~,;: ; 0<::_, (fJ. ~~[- ~L ~7 :-'--::1 -< ... -,-) ) 1;1 -"n ('.J ~-_:j ~ .'....0 SHERIFF'S RETURN - REGULAR CASE NO: 2003-03329 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STOUFFER TIMOTHY VS DAVIDSON MARY D ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DAVIDSON MARY D the DEFENDANT , at 1915:00 HOURS, on the 15th day of July , 2003 at 1107 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240 by handing to MARY DAVIDSON a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 13.11 .00 10.00 .00 41.11 .r~<~ R. Thomas Kline 07/21/2003 SCHMIDT RONCA KRAMER Sworn and Subscribed to before By: /U? me this ~ ~ day of uty Sheriff G....~<V..t- ~ A.D. no .A- a m,t~u,,~, '---1'"1' Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2003-03329 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STOUFFER TIMOTHY VS DAVIDSON MARY D ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon VARNER WILLIAM E the DEFENDANT , at 1625:00 HOURS, on the 18th day of July , 2003 at 310 DWELLING COURT SHIPPENSBURG, PA 17257 by handing to PATSY VARNER, MOTHER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 13.80 .00 10.00 .00 29.80 So Answers: "",. ~~ r-",/?..,::/ #'~ . ~ ~..;;"."'.""~,~..::: /1". ,I .' R. Thomas Kline 07/21/2003 SCHMIDT RONCA KRAMER Sworn and Subscribed to before By: Jif:: 4, me this <. ~ day of 0; ~~1 A.D. o In.al.' nt.....-z;: rothonotary ,'vr-" 03HB-00155 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant William E. Varner TIMOTHY STOUFFER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 03-3329 MARY D. DAVIDSON AND WILLIAM E. VARNER, DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF ApPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendant, William E. Varner. The Defendant reserves the right to otherwise plead in this matter. Respectfully submitted, Date: Seotember 29.2003 By: Donal R. Dorer, Esquire Attorney for Defendant Identification No. 39126 03HB-00155 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant William E. Varner TIMOTHY STOUFFER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 03-3329 MARY D. DAVIDSON AND WILLIAM E. VARNER, DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant, William E. Varner herein, and that he caused a true and correct copy of Entry of Appearance to be served by regular first class mail upon: Gerard C. Kramer, Esquire 209 State Street Harrisburg, PA 17101 Kevin C. McNamara, Esquire 305 North Front StrJ'et Harrisburg, PA, 7,110 /~I ' \ i Dated: SePtember 29. 2003 Donald R. Dorer, Esquire Attorney for Defendant, William E. Varner Identification No. 39126 . g 0 C) W -n s: V> -UCfJ CT1 ~EJ, -0 I:'';;: -,. ~....' . ,r-;I --s C) (~'C") ~~: :~'".'i(~ (;2c .' L=-H ~C ':',~~ ~o 8 c ~ r::- 5; (",) -< TIMOTHY STOUFFER, IN THE COURT Q]F COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 03-3329 v. CIVIL ACTION - LAW MARY D. DAVIDSON and WILLIAM E. VARNER, JURY TRIAL DElVlANDED Defendants QJlgC4U.PHMQ!I~RIj,tQ,_VE,~~JlII_NA '~"""'ro""KE_'~'.' P , !lAm' lJL ",...,........".......,........,.,." "., ..... H"""" 'H .. ....00. ,>.,,,.,< ":.<<,,.:),; <',",'.. :.:::::: ,>':..." .... ,>" l: ',' .......". As a Prerequisite to service of a Subpoena for Documents and Things pursuant to Rule 4009.22, Defendants certify that: I. A Notice oflntent to Serve the Subpoenas with a copy of the Subpoenas attached thereto was mailed to each party at least twenty (20) days prior to the date on which the Subpoenas are sought to be served. 2. A copy of the Notice oflntent including the proposed Subpoenas are attached to this Certificate. 3. No objection to the Subpoenas has been received. 4. The Subpoenas which will be served are identical to the Subpoenas which are attached to the Notice oflntent. 7l!:.AS' THOMAS & HAFER, LLP - C-,/VI Y) r" ~ Kevin C. McNamara, Esquire LD. Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Date: /o//(>/O!. 260619.1 TIMOTHY STOUFFER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 03-3329 MARY D. DAVIDSON and WILLIAM E. VARNER, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED Defendant, Mary D. Davidson, intends to serve subpoenas identical to the ones that are 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 SUbPOlmas. Ifno objection is made, the subpoenas may be served. Date: q ((6105 THOMAS, THOMAS & HAFER, LLP By ie,"mY)I'~' Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Flarrisburg,Pa 17108-0999 (71 7) 237-7132 Attorney for Defendant 257245.1 TIMOTHY STOUFFER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-3329 MARY D. DAVIDSON and WilLIAM E. VARNER, CIVil ACTION - LAW Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, WellSpan Medical Group, 1803 Mt. Rose Avenue, York, PA 17403. (Name aI Person or Entity) Within twenty (20) days after service of this subpoena. you are ordered by the court to produGe the foflowlng documents or things: Any and all correspondence, hospnalization and medical records re!larding treatment rendered on behalf of TIMOTHY STOUFFER. SSN: 191-60-1018, D/O/B: 10/09/1964, including, but not limited to patient histories, charts, progress notes, consultation reports, medication charts, statElmenls of injury, diagnosis, prognosis, x-rays or other diagnostics, diagnostic test results and reports. at THOMAS, THOMAS & HAFER, llP, 305 N. Front Street, P.O. B()x 999, Harrisburg, PA 17108. You may deliver or mall 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 tha coplas or producing thelhlngs sought ff you fal to produce the documants or things required by this subpoena, v.ithln Mnty (20) d;,ys aftar Its sarvice, tha 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: Kevin C. McNamara. Esauire ADDRESS 305 N. Front Street. P. O. Box 999 Harrisbura. PA 17108 TELEPHONE: (717) 237-7132 SUPREME COURT 10 No: 72668 ATTORNEY FOR: Defendant Prothonotary/Clarl<, Civil DMslon DATE: Saal aI the Court Deputy 257228.2 TIMOTHY STOUFFER, Plaintiff IN THE COUI'~T OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-3329 MARY D. DAVIDSON and WILLIAM E. VARNER, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, York Hospital, 1001 South George Street, York, PA 17405. (Name of Person or Entity) Within twenty (20) days after saMes of this subpoena, you are ordered by the court to produce the following documents or things: Any and all correspondence, hospitalization and medical records reflarding treatment rendered on behalf of TIMOTHY STOUFFER. SSN: 191-60-1018, D/OI8: 10109/1964, inclluding, but not limited to patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-rays or other diagnostics, diagnostic test results and reports. at THOMAS, THOMAS & HAFER, llP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108. You may deliver or mall legible copies of the documents or produce things requested IJy 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 W you fail1D produce the documents or things required by this subpoena, within twenty (20) d"ys after Its servfce, 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: Kevin C. McNamara. Esauire ADDRESS 305 N. Front Street. P. O. Box 999 Harrisbura. PA 17108 TELEPHONE: (717) 237-7132 SUPREME COURT 10 No: 72668 ATTORNEY FOR: Defendant Pnlthonolary/Clerk, Civil Division DATE: Seal of the Court Deputy 257228.1 :"~"'::.. ;::';:i":,('- ,. < ;-',:;;::i ..', "~~' "--.~.,.--:,." . . · 'CERtrl1CAlE tij.Skft\TI<::E .... '. ";_";',:::;,,'::;.<;:;;'.:/ ,',<" :;-.::S:':<>:;Zy,'j;-;> i;:.\>:.',".. _;.".; I, Rick Stains, Jr., Paralegal for the law firm Thomas, Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing a copy of the same in the United States mail, first class mail, directed to their office addresses as follows: Gerard C. Kramer, Esquire SCHMIDT, RONCA & KRAMER, P.C. 209 State Street Harrisburg, PA 17101 Attorney for Plaintiff William E. Vamer 310 Dwelling Court Shippensburg, PAl 7257 Defendant THOMAS" THOMAS & HAFER, Date: '1/1 '${ dJ 257245.1 CERTIFICATE OF SERVICE I, Rick Stains, Jr., a Paralegal for the law firm Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the date set forth below: Gerard C. Kramer, Esquire SCHMIDT, RONCA & KRAMER, P.C. 209 State Street Harrisburg, P A Donald R. Dorer, Esquire JACOBS & SABA 214 Senate Avenue Suite 503 Camp Hill. P A 17011 THOMAS, THOMAS & HAFER, LLP By: ~~s/ d Rick Stains, Jr. ./ Paralegal Date: /0/,0/.!.3 260619.1 o C~ :;;:- "1)"," flJI'j" ~~':' C/ 0/"'; ltJ::; :> .... ,~. -';,,~ ,. (~-j Cl "; t.:) ) '- " ~, ;;) <l;> ->..7 " TIMOTHY STOUFFER, ; laintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3329 v. CIVIL ACTION - LAW MARY D. DA VIDSO and WILLIAM E. V ARNE , JURY TRIAL DEMANDED efendants Ptl'RSUANJ'_ TO RULE ..22 As a Prerequisit to service of a Subpoena for Documents and Things pursuant to Rule 4009.22. Defendants ce ify that: 1. Plaintif does not object to the subpoena and waives the Notice ofIntent to Service ubpoena to Produce Documents and Things for Discovery Pursuant to Rule 40 9.21. 2. A copy f a letter dated October 30, 2003, and executed by Plaintiffs counsel, Gerard . Kramer, Esquire, indicating no objections and waiver of the notice of intent i attached to this Certificate. 3. fthe proposed subpoena is attached to this certificate; and. 4. The Su oena which will be served is identical to the Subpoena which is attached to the Noti e of Intent. THOMAS, THOMAS & HAFER, LLP ~W1Yl~ Kevin C. McNamara, Esquire I.D. Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, P A 17108-0999 (717) 237-7132 Date: IIP/03 260619.2 209 State Street Harrisburg, Pennsylvania 17101 717.232.6300 FAX 717.232.6467 www.srklaw.com 1528 Walnut Street, 3rd Floor Philadelphia, PA 19102 215.790.7303 VOICE 215.546.0942 FAX Ronca INJURY LAWYERS , October 30,2003 Rick Stains, Jr., P aIegal THOMAS, THOMA & HAFER P.O. Box 999 Harrisburg, PA 17101 Re: Timothy St ulTer v. Mary D. Davidson and William E. Varner No. 03-332 ,Cumberland County Dear Rick: Enclosed please fi to York Hospital. response to this S d the executed waiver of the 20-day notice period directed lease forward to my attention any records received in bpoena. Very truly yours, ,RONC & KRAMER, P.C. Gerard C. Kramer Attorney at Law GCKj det cc: Donald R. Dore , Esquire THOMAS. HOMAS & HAFER LLP ATTORNEYS AT LAW 305 North Front Street, P.O. B x 999, Harrisburg, PA 17108 Phone: (717) 237-7100 Fax: 717) 237-7105 October 28, 2003 Gerard C. Kramer, Esquir SCHMIDT, RONCA & 209 State Strt:et Harrisburg, P A 17101 RE: Timothy ouffer v. Mary D. Davidson, et aI. Docket N .: 03-3329 (Cumberland County) Our File 0.: 340.30999 Dear Attorney Kramer: ~ www.tthlaw.com Rick L. Stains. Jr., Paralegal (717) 44]-7056 rstains@tthlaw.com Enclosed please nd a Notice of Intent to Serve Subpoenas pursuant to Rule 4009.21. If you have no objection to the s bpoenaing of these records and are willing to waive the 20-day notice period, please sign where' ndicated and return a copy of this letter to me at your earliest convenience. Thank you for yo attention to this matter. Sincerely, THOMAS, THOMAS & HAFER LLP By ~ Rick Stains, Jr. aralegal Enclosures 257247.2 cc: Donald R. Dorer, sqUire I, e..r<.^-rl>- (L ( (AM if ,Esquire, counsel for Plaintiff, have no objection to the serving ofthe subpoenas dentified in the attached Notice of Intent and hereby waive the 20-day notice period. Counsel for Defe dant shall provide me with copies of all records when they obtain pursuant to these subpoenas. Date: /L L----- , Esquire Lehigh Valley Office: 34 Bath Pike, Suite 302, Bethlehem, PA 18017 . Phone: (610) 868-1675. Fax: (610) 868-1702 ATTORNEYS AT LAW ~ \vwvv.tthlaw.com ~ .L HOMAS, HOMAS & HAFER LLP 305 North Front5lreet, P.O. Bo 999, Harrisburg, PA 17108 Phone: (717) 237-7100 Fax: ( 7) 237-7105 Rick L. Stains. Jr., Paralegal (717) 441-7056 rstains@tthlaw.com October 28, 2003 Gerard C. Kramer, Esquire SCHMIDT, RONCA & MER, P.C. 209. St3.te Street Harrisburg, PA 17101 RE: Timothy Suffer v. Mary D. Davidson, et aI. Docket No. 03-3329 (Cumberland County) Our File N .: 340.30999 Dear Attorney Kramer: Enclosed please fi d a Notice of Intent to Serve Subpoenas pursuant to Rule 4009.21. If you have no obj ection to the su poenaing of these records and are willing to waive the 20-day notice period, please sign where i dicated and return a copy of this letter to me at your earliest convenience. Thank you for you attention to this matter. Sincerely, THOMAS, THOMAS & HAFER LLP By Enclosures 257247.2 cc: OOT2'- Donald R. Dorer, E quire I, ;,fo.i li-L- \) jjc, f( l. Esquire, counsel for Plaintiff, have no objection to the serving of the subpoenas i ntified in the attached Notice of Intent ,md hereby waive e 20-day notice period. coun, ,,1 r" nore. '" ",,11 pro"", m, with '"pi" ArordS When~y btain pursuant to these subpoenas. , 1 / ' j. '. /"7 . /, 7 I I. Date: .". .J'" I J i / / , Esquire Lehigh Valley Office: 3400 th Pike, Suite 302, Bethlehem, PA 18017 . Phone: (610) 868-1675. Fax: (610) 868-1702 TIMOTHY STOUFF R, Plai tiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-3329 MARY D. DA vms Nand WILLIAM E. V R, CIVIL ACTION - LAW DeB ndants JURY TRIAL DEMANDED D. Davidson, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon e undersigned an objection to the subpoena. Ifno objection is made, the THOMAS, THOMAS & HAFER, LLP By ~l.~t-1'171~a Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, Pa 171 08-0999 (717) 237-7132 Attorney for Defendant Date: 10/:1'/OJ 257245.1 TIMOTHY STOUFf ER, PI intiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-3329 MARY D. DAVIDSC Nand WILLIAM E. VARN R, CIVIL ACTION - LAW D fendants JURY TRIAL DEMANDED SU POENA TO PRODUCE DOCUMENTS OR THINGS OR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, 'I rk Hospital, 1001 South George Street, York, PA 17405. (Name of Person or Entity) Within twenty (20) days after ser ice of this subpoena, you are ordered by the court to produce the follmving documents or things: Any and all correspond nce, hospitalization and medical records regarding treatment rendered on behalf of TIMOTHY STOUFFER SSN: 191-60-1018, D/OIB: 10/09/1964, including, but not limited to patient histories, charts, progress notes, onsultation reports, medication charts, statements of injury, diagnosis, prognosis, x-fays or other diagnostics, di gnostic test results and reports from January 1, 1992 to the Present. at THOMAS, THOMAS HAFER, llP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108. You may deliver or malllegibl copies of the documents or produce things requested by this subpoena, together w'ith the certifipate of compliance, to the party makin this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or productn the things sought. If you fall to produce the docume ts or things required by this subpoena, within twenty (20) d,ays after its service, the party serving this subpoena may seek a court order compellln you to comply with it. THIS SUBPOENA WAS SSUED AT THE REQUEST OF THE FOllOWING PERSON: NAME: Kevin C. McNama a ESQuire ADORESS 305 N. Front Str et P.O. Box 999 Harrisburn PA 17108 TELEPHONE'(7171237-71 SUPREME COURT 10 No: zgQ l! Prothonotary/Clerk, Civil Division ATTORNEY FOR: Defendant DATE: Seal of the ourt Deputy 257228.3 I, Rick Stains, r., Paralegal for the law firm Thomas, Thomas, Thomas & Hafer, LLP, hereby certify that I h e served a true and correct copy of the foregoing document on the following persons by placing a c py of the same in the United States mail, first class mail, directed to their office addresses as foll ws: Gerard C. Kramer, Esquire SCHMIDT, RONCA & KRAMER, P.C. 209 State Street Harrisburg, PA 17101 Attorney for Plaintiff Donald R. Dorer, Esquire JACOBS & SABA 214 Senate Avenue Suite 503 Camp Hill, PA 17011 THOMAS, THOMAS & HAFER, LLP By: Date: /7Z~ 257245.1 CERTIFICATE OF SERVICE I, Rick Stains, Jr., a ParalegaI for the law firm Thomas, Thomas & Hafer, LLP,hereby certify that I have serv d a true and correct copy of the foregoing document on the following person by placing same in the nited States mail, postage prepaid, on the date set forth below: Date: If( 1j c;;J. 260619.2 Gerard C. Kramer, Esquire SCHMIDT, RONCA & KRAMER, P.C. 209 State Street Harrisburg, P A Donald R. Dorer, Esquire JACOBS & SABA 214 Senate Avenue Suite 503 Camp Hill, P A 17011 THOMAS, THOMAS & HAFER, LLP By: ~~ -/ Rick Stains, Jr. / Paralegal , 0 .."'":J C) C c., -n <" ._~ "'lJ OJ . :> /~I m , Z:-.~' -,-:(3 ;;~ co. (fl.-' ' ." ~:}~~ ~c':' "'0 ...,;;. -', , :C1 2:;1-... .' (") :,:;U '" rn c: ~.~ ~ :J1 ~ <D 03HB-00155 LAW OFFICES OF JACOBS & ASSOCIATES 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT, WILLIAM E. VARNER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Timothy Stouffer, ase No.: 2003-3329 Plaintiff vs. Y TRIAL DEMANDED Mary D. Davidson and William E. Varner, Defendants onCE 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 Answer with New Matter and Crossclairn Pursuant to Pa.R.C.P. 2252(d) 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 Answer with New Matter an Crossclairn Pursuant to Pa.R.C.P. 2252(d) 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. 03HB-001SS LAW OFFICES OF JACOBS & ASSOCIATES 214 SENATE AVENUE, SUITE 503 CAMP HILL, P A 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT, WILLIAME. VARNER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Timothy Stouffer, ase No.: 2003-3329 Plaintiff vs. RY 1RIAL DEMANDED Mary D. Davidson and William E. Varner, Defendants ATTERAND ROSSCLAIM 2252(D) OF DEFENDANT, WILLIAM E. VARNER, TO PLAINTIFF'S COMPLAINT 1. Admitted. 2. Paragraph 2 is directed to Co-defendant Mary D. Davidson, as to which no response is required from Answering Defendant. 3. Admitted. 4. Admitted. 5. Admitted. 6.- 7. Denied. These paragraphs are generally denied pursuant to Pa.R.C.P. ~1029(e). COUNT I 8. Paragraph 8 is an incorporation by reference paragraph as to which no response is required by Answering Defendant. 9.-17. Denied. These paragraphs are generally denied pursuant to Pa.R.C.P. ~1029(e). COUNT II 18.-27. These paragraphs are directed to Co-defendant Mary D. Davidson, as to which no response is required from Answering Defendant. WHEREFORE, the Defendant. William E. Varner, respectfully prays this Honorable Court to dismiss Plaintiffs Complaint, and to enter judgment against the Plaintiff and in favor of the Defendant, William E. Varner. NEW MATTER 28. Paragraphs 1 through 27 are incorporated herein by reference, and made a part hereof as if set forth in full. 29. Plaintiff's claims are barred in whole or in part by the provisions of the Pennsylvania No-Fault Motor Vehicle Insurance Act andlor the Pennsylvania Motor Vehicle Financial Responsibility Law. WHEREFORE, the Defendant, William E. Varner. respectfully prays this Honorable Court to dismiss Plaintiff's Complaint, and to enter judgment against the Plaintiffs and in favor of the Defendant, William E. Varner. CROSSCLAIM PURSUANT TOPA.R.C.P. 2252(D) OF DEFENDANT, WILLIAM E. VARNER, AGAINST DEFENDANT, MARY D. DAVIDSON 30. Paragraphs 1 through 29 are incorporated herein by reference, and made a part hereof as if set forth in full. 31. Defendant, William E. Varner incorporates paragraphs 2 and 18 through 27 of Plaintiff's Complaint for purposes of this Crossclaim Pursuant to Pa.R.C.P. 2252(d). 32. The acts described in Plaintiff's Complaint were not caused by any negligence or breach of duty on the part of Defendant, William E. Varner, but were due solely to the negligence of Defendant, Mary D. Davidson. It is averred that should any liability on the part of Defendant, William E. Varner be found, which liability is specifically denied, said liability came about as a result of the negligence of Defendant, Mary D. Davidson and Defendant, Mary D. Davidson is alone liable to the Plaintiff, or is liable over to Defendant, William E. Varner, or is jointly and severally liable to the Plaintiff, or is liable to Defendant, William E. Varner on the grounds set forth above and as more specifically set forth in Plaintiff's Complaint. WHEREFORE, Defendant, William E. Varner avers that Defendant. Mary D. Davidson is alone liable to the Plaintiff or is liable over to Defendant, William E. Varner, or is jointly and severally liable to the Plaintiff or is liable over to Defendant, William E. Varner, directly. Respectfully submitted, LAW OFFICES OF JACOBS & ASSOCIA rES / ( /' By: D . Dorer, Esquire Attorney for Defendant, William E. Varner Identification No. 39126 Date: December 4.2003 03HB-00155 LAW OFFICES OF JACOBS & ASSOCIATES 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT, WILLIAME. VARNER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff lase No.: 2003-3329 Timothy Stouffer, vs. JURY TRIAL DEMANDED Mary D. Davidson and Williarn E. Varner, Defendants VERIFICATION I, William E. Varner, verify that the statements made in the foregoing Answer with New Matter and Crossclaim Pursuant to Pa.R.C.P. 2252(d) of Defendant. William E. Varner. to Plaintiff's Complaint which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the determination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904, relating to unsworn falsifications to authorities. Dated: \ \ j" ((0':> / ~- I /t ) ~ SJQ -A.A\ L1.[~ William E. Varner - ~~~ I:) ~' ~c:J~ '1-- ~ 03HB-00155 LAW OFFICES OF JACOBS & ASSOCIATES 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT, WILLIAME. VARNER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Timothy Stouffer, ase No.: 2003-3329 Plaintiff vs. Y TRIAL DEMANDED Mary D. Davidson and William E. Varner, Defendants ERTIFICATE OF ERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant, William E. Varner herein. and that he caused a true and correct copy of Answer with New Matter and Crossclaim Pursuant to Pa.R.C.P. 2252(d) of Defendant. William E. Varner. to Plaintiffs Complaint to be served by regular first class mail upon: Gerard C. Kramer. Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 Kevin C. McNamara, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Harrisburg, PA 17101 Dated: December 4.2003 ,. /n ! I it II 0'/ 'alii R. orer, Esquire Attorney for Defendant, William E. Varner () 0 0 ~ w " i:::) '- "Ol-" 1"1'1 -":~T! IT.,c:.; ('"") Z"i:, ,- , ;'fl Zr- ,'1' Cf)J~,; c:> ('j ~C __..;C~ -0 -J.~ ~C) ::Jl: '~.~( :>U ~ om C -, Z '" ?O =< 0 -< THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendant Mary D. Davidson TIMOTHY STOUFFER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 03-3329 v. CIVIL ACTION - LAW MARY D. DAVIDSON and WILLIAM E. VARNER, JURY TRIAL DEMANDED Defendants DEFENDANT MARY D. DAVIDSON'S ANSWER TO NEW MATTER PURSUANT TO PA.R.C.P. 2252(dl OF DEFENDANT WILLIAM E. VARNER 30. Answering Defendant hereby incorporates her Answer with New Matter to Plaintiff's Complaint as if set forth at length. 31. Answering Defendant hereby incorporates her answers to Paragraphs 2 and 18-27 of the Plaintiff's Complaint as if set forth at length. 32. Denied. These allegations represent conclusions of law to which no response is required. By way of further answer, Answering Defendant denies that she is either liable to the Plaintiff or to Mr. Varner on any grounds. WHEREFORE, Defendant Mary D. Davidson respectfully requests that the Crossclaim Pursuant to PaRC.P. 2252(d) of Defendant Varner be dismissed without cost to her. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: f.,c 'YVJY)~ Kevin C. McNamara, Esquire 1.0.#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendant Mary D. Davidson DATE: I;fJ /03 269328-1 VERIFICATION I, Kevin C. McNamara, Esquire, state that 1 am the attorney for the party filing the foregoing document; that I make this Affidavit as an attorney because I have sufficient knowledge or information and belief, based upon my investigation of the matters averred or denied in the foregoing document; that time is of the essence in the filing of this document; and that this statement is made subject to the penalties of 18 Pa.C.S.A. ~ 4904 relating to unsworn falsification to authorities. THOMAS, THOMAS, & HAFER, LLP iCfYJy)~ Kevin C. McNamara, Esquire DATE: 1>/",/03 38603-1 CERTIFICATE OF SERVICE I, Kevin C. McNamara, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing a copy of the same in the United States mail, first class mail, directed to their office addresses as follows: Gerard C. Kramer, Esquire SCHMIDT, RONCA & KRAMER, P.C. 209 State Street Harrisburg, PA 17101 Donald R. Dorer, Esquire LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 THOMAS, THOMAS & HAFER, LLP By: L'c 'ffJ.Y7~ Kevin C. McNamara, Esquire DATE: f;)-/r%3 269328-1 (') c <"" \'J L:::~' rn ; ?;- ..-:,~ '. (....:? '" ~]:_~--, ,,-..... ..z'" ~~;; ~~~ c.::;. w ::::1 1'1 :-) C) or. I T -'" ,~,.) T, --11 ;:;;~ ~'':-r ',~ '::.0 -< N :." en Plain tiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY STOUFFER, v. NO. 03-3329 MARY D. DAVIDSON and WILLIAM E. VARNER, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER OF THE DEFENDANT. WILLIAM E. VARNER AND NOW, comes the Plaintiff, Timothy Stouffer, by and through his attorneys, SCHMIDT, RONCA & KRAMER, P.C. and responds as follows: 28. Paragraph 28 requires no response. 29. Paragraph 29 states a conclusion of law to which no responsive pleading is required. Although it is admitted that this accident is subject to the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, the Plaintiff requests that this matter be dismissed and judgment be entered in favor of the Plaintiff. Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. ../ ---- //~ ..--. / BY .. / Gerard C. Kramer Attorney at Law Attorney I.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff ATTORNEY VERIFICATION I, Gerard C. Kramer, Esquire, verifY that I am attorney of record for the Plaintiff. I verifY that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S.A. 84904 relating to unsworn falsifications to authorities. Date: ) Z )/0 I ().3 //t; ......---.. //'. ~rard C. Kramer, Esquire , I / CERTIFICATE OF SERVICE AND NOW, this IOt'--aay of )~U.~003, I, Gerard C. Kramer, Esquire, hereby certify that I this day served the PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT WILLIAM E. VARNER by depositing the same in the U.S. mail, first class mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Kevin C. McNamara, Esquire THOMAS, THOMAS & HAFER P.O. Box 999 Harrisburg, PA 17101 Attorney for Defendant Mary E. Davidson Donald Dorer, Esquire JACOBS & SABA 214 Senate Avenue Camp Hill, PA 17011 Attorney for Defendant William Varner Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. ~ By: Gerard C. Kramer Attorney at Law Attorney I.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff Q ( .....' -= c.::::J ,-"" CJ C'1 ('"> (~ ' C._' c~) -i-i ~--n ill C=. "'iJl" -.09 ;::.),(~ :':'1.~4 ~;. ~, rh THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendant Mary D. Davidson Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3329 TIMOTHY STOUFFER, v. CIVil ACTION - lAW MARY D. DAVIDSON and WilLIAM E. VARNER, JURY TRIAL DEMANDED Defendants DEFENDANT MARY D. DAVIDSON'S MOTION TO COMPEL DEPOSITION AND NOW, comes Defendant, Mary D. Davidson, by her attorneys, Thomas, Thomas & Hafer, llP and moves to compel the deposition of Defendant William E. Varner, based upon the following: 1. This is a civil action for personal injuries that arises from a two-vehicle accident that occurred on August 9, 2002. The accident occurred when Mr: Varner attempted to make a left turn onto Route 696 from a driveway. 2. The depositions of Mr. Stouffer and Ms. Davidson were completed on April 26, 2004. Mr: Varner's deposition was to take place the same day, but Varner was a no-show. 3. Over the past 12 months, both the undersigned and Plaintiff's counsel have attempted to schedule Mr. Varner's deposition without success. Mr. Varner has intermittently been in contact with his counsei, but the parties have been unsuccessful in actually getting Mr. Varner to appear. 4. On March 15, 2005, the undersigned sent a Deposition Notice to counsel for Mr. Varner seeking to have him appear on April 11, 2005. All counsel agreed to the date and Mr. Varner's attorney represented that he would use his best efforts to get Mr. Varner to appear. 5. Mr. Varner did not appear as scheduled on April 11 , 2005, and an Order compelling him to appear on a date certain is now requested. 6. All parties concur in this Motion, including Mr. Varner's counsel, and request that the Court enter an Order requiring Mr. Varner to appear for oral deposition on a date certain. WHEREFORE, Defendant Mary D. Davidson respectfully requests that an Order be entered cornpelling Mr. Varner to appear for oral deposition on a date to be determined by counsel. Respectfully submitted, THOMAS, THOMAS & HAFER. LLP By: l.L'- VV\ 0/) tlNvWVt-Cl-- Kevin C. McNamara, Esquire I.D.#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendant Mary D. Davidson DATE: '1/It//DS 351971-1 CERTIFICATE OF SERVICE I, Kevin C. McNamara, Esquire, hereby certify that I have served a true and correct copy of the foregoing MOTION TO COMPEL DEPOSITION on the following persons by placing a copy of the same in the United States mail, first class mail, directed to their office addresses as follows: Gerard C. Kramer, Esquire SCHMIDT, RONCA & KRAMER, P.C. 209 State Street Harrisburg, PA 17101 Donald R. Dorer, Esquire LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 DATE:Lf!<f!O:5 THOMAS, THOMAS & HAFER, LLP By: 1L c. (IV17)~ Kevin C. McNamara. Esquire 351971-1 (i I....... ~-:..> C) ,~'--'). .j , H" ::,::;.. .-' '. -,- :;':..J (nf.:~, , t.,;< \D -1') - - f') , \ ". J '-J " RECEIVED APR 20ms ryv' THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendant Mary D. Davidson TIMOTHY STOUFFER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3329 v. CIVIL ACTION - LAW MARY D. DAVIDSON and WILLIAM E. VARNER, JURY TRIAL DEMANDED Defendants ORDER AND NOW, this ~ day of f\ f; " ( , 2005, upon consideration of the uncontested Motion to Compel, it is hereby ORDERED that Mr. Varner shall appear for oral deposition on a date certain to be determined by counsel. BYTH#: ~ J. /,o[;'(y :' H[)"\ \1 \\Q.) . L~>( )~('b ,) . O~' .~~ 351971-1 (j'l (--.J >'. :~...~ ("-J '''-J: ":" IF.' ~ ~~) t.:..:::.' ('.""" I) 03HB-00155 SCHMIDT, RONCA & KRAMER, P.c. GERARD C. KRAMER, ESQUIRE 209 STATE STREET HARRISBURG, P A 17101 TELEPHONE NO. (717) 232-6300 ATTORNEYS FOR PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Timothy Stouffer, Case No.: 2003-3329 Plaintiff vs. Mary D. Davidson and William E. Varner, JURY TRIAL DEMANDED Defendants PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above-captioned case settled, discontinued and ended. SCHMIDT, RONCA & KRAMER, P.C. Date: l"? - ). 'f- 0 )" By: A ( Gerard C. Kramer, Esquire 209 State Street Harrisburg, PA 17101 Attorney for Plaintiff Court J.D. '1-'+71 )- ----- 1.1 03HB-00155 LAW OFFICES OF JACOBS & ASSOCIATES 214 SENATE AVENUE, SUITE 503 CAMPHILL,PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT, WILLIAM E. VARNER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff lase No.: 2003-3329 Timothy Stouffer, vs. RY TRIAL DEMANDED Mary D. Davidson and William E. Varner, Defendants ERTIFICATE OF ERVlCE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant, William E. Varner herein. and that he caused a true and correct copy of Praecipe to Settle, Discontinue and End to be served by regular first class mail upon: Gerard C. Kramer, Esquire Schmidt, Ronca & Kramer, P.c. 209 State Street Harrisburg, PA 17101 and Dated: Julv 20. 2005 Kevin C. McNamara, Esquire Thomas, Thomas & Hafer, LLP 305 NorthE nt et'l Harrisburg, 7101 , , ! L D dR. Dorer, EsqUIre Attorney for Defendant, William E. Varner "-:;: ~ , ~ ~-Q -}~_. f' '(;=. ~ ?2:J~, -;. '!~~~1 ~ :-<. N .' f-0 ~ CJ' .r- c -