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RITA BYERS NOLL and MARK L. : IN THE COURT OP COMMON PLEAS
BOWMAN, Individually and as : OP CUMBERLAND COUNTY, PENNSYLVANIA
the Administrators of the S
Estate of DAVID LAMONT BOWMAN,:
Deceased, a Minor, _
Plaintiffs :' n?
C/C? a
i NO:
S CIVIL ACTION - LAW
PAMELA K. EAISER ,
Defendant JURY TRIAL DEMANDED
N O T I C E
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.
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Cumberland County eeus?s8 BQ( //??50C1G r 4A
Carlisle, PA ?I y ?
Av-
(717)
d `E`i 31 ??
RITA BYERS NOLL and MARK L. s IN THE COURT OF COMMON PLEAS
BOWMAN, Individually and as : OF CUMBERLAND COUNTY, PENNSYLVANIA
the Administrators of the s
Estate of DAVID LAMONT BOWMAN,:
Deceased, a Minor, s
Plaintiffs s
NO: 9
V. s
i CIVIL ACTION - LAW
PAMELA M. ZAIBER s
Defendant s JURY TRIAL DEMANDED
C O M P L A I N T
AND NOW COMES the Plaintiff, RITA BYERS NOLL and MARK
L. BOWMAN, individually and as the Administrators of the
Estate of David Lamont Bowman, deceased, by and through
their attorneys, Schmidt, Ronca & Kramer, P.C., and
respectfully aver as follows:
1. David Lamont Bowman, deceased, was a seventeen-
year old minor (DOB 12/28/80) who, in life, resided at 967
Trindle Road, 130, Mechanicsburg, Cumberland County,
Pennsylvania.
2. Plaintiffs, Rita Byers Noll and Mark L. Bowman,
are adult individuals who are the natural parents of David
Lamont Bowman, deceased, and are the Administrators of the
Estate of David Lamont Bowman, Letters of Administration
having been granted by the Register of Wills of Cumberland
County on May 17, 1999.
3. David Lamont Bowman is survived by the following:
a. Rita Byers Noll, Mother;
b. Mark L. Bowman, Father;
C. Nicole R. Bowman, Sister;
d. Glen E. Byers, Maternal Grandfather;
e. Susan I. Byers, Maternal Grandmother; and
f. Carlyn L. Jones, Paternal Grandmother.
4. Defendant, Pamela Zaiser, is an adult individual
who resides at 1744 South York Street, Mechanicsburg,
Cumberland County, Pennsylvania.
5. The events which give rise to the above-captioned
action took place at approximately 6:50 p.m. on November 3,
1998 on Trindle Road (SR 641) in Monroe Township, Cumberland
County, approximately one mile west of Mechanicsburg. This
date, time, and location shall hereinafter be referred to as
"the scene."
6. At the scene, David L. Bowman was operating his
bicycle along the eastbound berm of Trindle Road, riding
with traffic, heading toward Mechanicsburg, Pennsylvania.
7. At the scene, David L Bowman attempted to cross
Trindle Road, from south to north, to ride on the opposite
berm against traffic.
8. At the scene, David L. Bowman's bicycle was struck
in the rear by a 1995 Chevrolet Lumina van driven by Robert
E. Beaver who resides at 750 Walton Street, Lemoyne,
Pennsylvania. Mr. Beaver was also travelling eastbound
toward Mechanicsburg.
9. As a result of the collision between the van and
the bicycle, David L. Bowman was knocked from his bicycle
and landed in the westbound lane of Trindle Road, near the
center lane dividing lines between the westbound and
eastbound lanes of travel.
2
10. After landing in the westbound lane of Trindle
road, David L. Bowman sat up and asked, "What happened?"
11. At the scene, Defendant, Pamela Zaiser, was
operating her vehicle, a 1990 Chrysler New Yorker, on
Trindle Road westbound, approaching David L. Bowman.
12. While he was still sitting in the westbound lane
of Trindle Road, dazed, David L. Bowman was struck by and
ran over by the 1990 Chrysler New Yorker (Pa. Registration
Plate I BRM6102) being operated in the westbound lane of
Trindle Road at the scene by Defendant, Pamela Zaiser.
13. As a result of being struck by and ran over by
Pamela Miser's Chrysler New Yorker, David L. Bowman
suffered severe injuries and, unfortunately, died as a
result.
14. Pamela Zaiser's Chrysler New Yorker left no skid
marks at the scene.
15. Plaintiff believes and therefore avers that Pamela
Zaiser took no evasive action to avoid striking David L.
Bowman.
16. At all relevant times on November 3, 1998,
Defendant, Pamela Zaiser, had a duty not to injure David L.
Bowman.
17. Defendant, Pamela Zaiser, breached her duty of
care and caused severe injuries to David L. Bowman which
injuries resulted in death.
3
18. At the scene, Defendant, Pamela Miser had time
and opportunity to observe Robert Beaver strike David L.
Bowman's bicycle.
19. At the scene, Defendant, Pamela Zaiser had time
and opportunity to observe David L. Bowman land in the
westbound lane of Trindle Road.
20. At the scene, Defendant, Pamela Zaiser had time
and opportunity to observe David L. Bowman sitting in the
westbound lane of Trindle Road as she approached him.
21. At the scene, Defendant, Pamela Zaiser had time
and opportunity to take evasive action to avoid striking
David L. Bowman with her Chrysler New Yorker.
22. Defendant, Pamela Zaiser, breached her duty of
care to David L. Bowman and was negligent as follows:
a. Defendant failed to have her vehicle under
proper and adequate control under the circumstances;
b. Defendant failed to apply her brakes in a
reasonable time or in a reasonable manner to avoid
striking David L. Bowman;
C. Defendant failed to observe David L. Bowman
on the roadway;
d. Defendant failed to operate her vehicle at
such a speed and in such a manner so as to be able to
stop within the assured clear distance ahead;
e. Defendant failed to keep a reasonable and
proper lookout for persons or vehicles on the roadway;
f. Defendant failed to take evasive action after
she observed David L. Bowman on the roadway;
g. Defendant failed to apply her brakes in a
reasonable time or in a reasonable manner to avoid
striking David L. Bowman after Defendant observed or
should have observed David L. Bowman in the roadway;
4
h. Defendant operated her vehicle at such a
speed and in such a manner so as to create a dangerous
condition for others on the roadway, specifically,
David L. Bowman; and
i. Otherwise operating her vehicle in a careless
and negligent manner and in a manner which violated the
Pennsylvania Motor Vehicle Code.
23. David L. Bowman was severely injured and killed as
a direct and proximate result of the negligent acts and/or
omissions of Defendant, Pamela Zaiser.
COUNT I (WRONGFUL DEATH)
Rita Byers Noll and Mark L Bowman Individually and as the
Administrators of the Estate of David L Bowman
s
Pamela Zaiser
24. Paragraphs 1 - 23 are incorporated herein by
reference.
25. Decedent, David L. Bowman is survived by the
following individuals who are entitled to recover damages as
a result of his wrongful death according to 42 Pa.C.S.A. §
8301(b) :
a. Rita Byers Noll, Mother; and
b. Mark L. Bowman, Father.
26. Plaintiffs bring this action on behalf of the
survivors of David L. Bowman in accordance with the Wrongful
Death statute, 42 Pa.C.S.A. § 6301.
27. Plaintiffs claim damages of Defendant, Pamela
Zaiser, pursuant to the Wrongful Death statute for the loss
of companionship, services, support, and contribution of
David L. Bowman for the expected remainder of the life of
David L. Bowman.
5
28. Plaintiffs claim damages of Defendant, Pamela
Zaiser, pursuant to the Wrongful Death statute for all other
economic losses suffered by the Decedent's survivors,
including lost wages, hospital expenses, nursing expenses,
medical expenses, funeral expenses, estate administration
expenses, and all other expenses reasonably related to or
associated with the death of David L. Bowman.
WHEREFORE, Plaintiffs, Rita Byers Noll and Mark L.
Bowman, demand judgment against Defendant, Pamela Miser, in
an amount in excess of the amount required for compulsory
arbitration together with interest, attorneys fees and
costs.
COUNT II (SURVIVAL ACTION)
V.
Pamela Zaiser
29. Paragraphs 1 - 28 are incorporated herein by
reference.
30. Plaintiffs bring this action on behalf of the
Estate of David L. Bowman in accordance with the
Pennsylvania Survival statute, 42 Pa.C.S.A. $ 8302.
31. Plaintiffs claim damages of Defendant, Pamela
Zaiser, pursuant to the Survival statute for the loss of
future earnings through the probable life expectancy of
David L. Bowman, less the probable cost of maintenance of
David L. Bowman.
6
32. Plaintiffs claim damages of Defendant, Pamela
Zaiser, for the psychic value of the life of David L. Bowman
for the life expectancy of David L. Bowman and the value of
the enjoyment of life of David L. Bowman whose life was cut
short by the acts and/or omissions of Defendant.
33. Plaintiffs claim damages of Defendant, Pamela
Zaiser, for the conscious pain and suffering of David L.
Bowman which preceded his death.
34. Plaintiffs claim from Defendant, Pamela Zaiser,
all other damages recoverable in Survival under the existing
laws of the Commonwealth of Pennsylvania.
WHEREFORE, Plaintiffs, Rita Byers Noll and Mark L.
Bowman, demand judgment against Defendant, Pamela Zaiser, in
an amount in excess of the amount required for compulsory
arbitration together with interest, attorneys fees and
costs.
RONC4L & KRAMER, P.C.
Dated:e - Q4:9 I By:
Toffd D Getgen
ID# 80 19
209 State Street
Harrisburg, PA 17101
(717) 232-6300
7
VERIFICATION BASED UPON PERSONAL KNOWLEDGE
AND INFORMATION OBTAINED THROUGH COUNSEL
I, RITA BYERS NOLL, Individually and as the Administrator of
the Estate of David Lamont Bowman, Deceased, a Minor, 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 which 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 is 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. § 4904 relating to unsworn
falsifications to authorities.
Date: C 66 4i r o yO
RITA B RS NOLL, Individually
and as the Administrator of the
Estate of David Lamont Bowman,
Deceased, a minor
VERIFICATION BASED UPON PERSONAL KNOWLEDGE
AND INFORMATION OBTAINED THROUGH COUNSEL
I, MARK L. BOWMAN, Individually and as the Administrator of the
Estate of David Lamont Bowman, Deceased, a Minor, 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 which 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 is 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. § 4904 relating to unsworn
falsifications to authorities.
Date:
a° 4."'jR
MAR L. BOWM i, I -ally
and as the Administrator of the
Estate of David Lamont Bowman,
Deceased, a minor
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C,
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-05891 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NOLL RITA BYERS ET AL
VS.
ZAISER PAMELA M
KATHY CLARKE , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT was served
upon ZAISER PAMELA M the
defendant, at 20:05 HOURS, on the 11th day of October
1999 at 1744 SOUTH YORK STREET
MECHANICSBURG, PA 17055 CUMBERLAND
County, Pennsylvania, by handing to PAMELA ZAISER
a true and attested copy of the COMPLAINT
together with NOTICE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So anrag ,e?
Docketing 18.00 2
Service 6.82
Affidavit .00
Surcharge 8.00 omas ine, eri
$3?;SCHMIDT RONCA & KRAMER
by
y e zl J'f
Sworn and subscribed to before me
this .Z:2;4 day of ?Cr?...
19i?Cf A. D.
ro on r
Jefferson J.Shipman, Esquire
I.D. N: 51785
GOLDBERG, KATZMAN S SHIPMAN, P.C.
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorneys for Defendant
RITA BYERS NOLL and MARK L. IN THE COURT OF COMMON PLEAS OF
BOWMAN, individually and as CUMBERLAND COUNTY, PENNSYLVANIA
the Administrators of the
Estate of DAVID LAMONT BOWMAN,:
Deceased, a Minor, NO 99-5891 CIVIL TERM
Plaintiffs
VS. CIVIL ACTION - LAW
PAMELA M. 2EISER,
Defendant JURY TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY:
PLEASE ENTER the appearance of the undersigned on behalf of
the Defendant in the above-captioned matter.
DATE: October 22, 1999
GOLDBERG, KATZMAN &
PMAN, P. C.
321 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Attorneys for Defendant
31935.1
CERTIFICATE OF SERVIU
I hereby certify that a copy of the foregoing has been duly
served on the following counsel of record, by depositing the same
in the United States Mail, postage prepaid, in Harrisburg,
Pennsylvania, on October 22, 1999:
James R. Ronca, Esquire
Schmidt, Ronca & Kramer, P.C.
209 State Street
Harrisburg, Pa 17101
KATZMANI6,OHIPMAN, P.C.
I?. #: 51785
P 0. Box 1268
Harrisburg, PA 17108-1268
Attorneys for Defendant
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RITA BYERS NOLL and MARK L.
BOWMAN, individually and as
the Administrators of the
Estate of DAVID LAMONT BOWMAN,:
Deceased, a Minor,
Plaintiffs
Vs.
PAMELA M. ZAISER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO 99-5891 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
STIPULATION OF COUNSEL
It is hereby stipulated and agreed by and between the James
R. Ronca, Esquire, counsel for Plaintiffs, and Jefferson J.
Shipman, Esquire, counsel for Defendant, that subparagraphs h.
and i, of Paragraph 22 only, are hereby striken and deleted from
Plaintiffs' Complaint.
& ARAMER, P.C.
DATE: IOl 711?
DATE: (O I js (q9
31946.1
By
James R. a, Esquire
209 Sta treet
Harr -P g, PA 17101
Attorn s for Plaintiffs
^
GOLDBERG, KATZMAN & SHIPMAN, P.C.
1 A. (07) 0
Je ef5on J. Shipman, Esquire
32 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Attorneys for Defendant
> C) >
i
C.,
Cl)
lL C.
Jefferson J. Shipman, Require
Attorney I. D. No. 51785
GOLDBERG, KATZMAN i SHIPMAN, P.C.
320 Market street
P.O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorneys for Defendant
RITA BYERS NOLL and MARK L.
BOWMAN, individually and as
the Administrators of the
Estate of DAVID LAMONT BOWMAN,:
Deceased, a Minor,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO 99-5891 CIVIL TERM
VS.
CIVIL ACTION - LAW
PAMELA M. ZAISER,
Defendant JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: Plaintiffs and their Attorney,
James R. Ronca, Esquire
209 State Street
Harrisburg, PA 17101
YOU ARE HEREBY notified to plead to the within New Matter of
Defendant, Pamela M. Zaiser, within twenty (20) days of service
hereof.
GOLDBERG, KATZMAN & SHIPMAN, P.C.
e f*fson J. Shipmah, Esquire
A orney I.D. 51785
0 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
p
DATE: it Attorneys for Defendant
( ? k l
Jefferson J. Shipman, Esquire
Attorney I. D. No. 51785
GOLDBERG, KATZMAN a SHIPMAN, P.C.
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorneys for Defendant
RITA BYERS NOLL and MARK L.
BOWMAN, individually and as
the Administrators of the
Estate of DAVID LAMONT BOWMAN,:
Deceased, a Minor,
Plaintiffs
VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO 99-5891 CIVIL TERM
CIVIL ACTION - LAW
PAMELA M. ZAISER,
Defendant JURY TRIAL DEMANDED
ANSWER AND NEW MATTER OF DEFENDANT
TO PLAINTIFFS' COMPLAINT
AND NOW, comes the Defendant, Pamela M. Zaiser, by and
through her counsel, Goldberg, Katzman & Shipman, P.C., and files
the following Answer and New Matter:
1. Admitted.
2. Denied. After reasonable investigation, the answering
Defendant is without sufficient knowledge or information to form
a belief as to the truth of the averments contained in Paragraph
2 relating to Letters of Administration and when same were
granted by the Register of Wills of Cumberland County. The
averments are, therefore, denied and strict proof demanded at the
time of trial.
3. Denied. After reasonable investigation, the answering
Defendant is without sufficient knowledge or information to form
a belief as to the truth of the averments Contained in Paragraph
3 relating to the individuals allegedly surviving the decedent.
The averments are, therefore, specifically denied.
4. Admitted.
5. Admitted in part, denied in part. Admitted only as to
the date and location of the accident. Denied as to the time of
day.
6. Denied. It is specifically denied that David L. Bowman
was operating his bicycle along the eastbound berm of Trindle
Road, riding with traffic, heading toward Mechanicsburg, Pennsyl-
vania. To the contrary, it is believed that David L. Bowman must
have operated his bicycle perpendicular to Trindle Road and
directly into traffic traveling on Trindle Road at the scene.
7. Admitted in part and denied in part. It is admitted
that David L. Bowman attempted to cross Trindle Road. After
reasonable investigation the Defendant is without sufficient
knowledge or information to form a belief as to the truth of the
remaining averments of Paragraph 7 and the same are, therefore,
denied.
2
8. Admitted in part and denied in part. It is admitted
that David L. Bowman's bicycle was struck by a 1995 Chevrolet
Lumina van driven by Robert E. Beaver who resides at 750 Walton
Street, Lemoyne, Pennsylvania. It is also admitted upon
information and belief that Mr. Beaver was traveling eastbound
towards Mechanicsburg. The remaining averments of Paragraph 8
are denied as stated, and strict proof is demanded at the time of
trial.
9. Admitted in part and denied in part. It is admitted
only that there was a collision between the Beaver van and the
bicycle and David L. Bowman. The remaining averments contained
in Paragraph 9 are conclusions of law and fact to which no
response is required. If a response is deemed to be required,
the averments contained therein are specifically denied and
strict proof is demanded at the time of trial.
10. Denied. It is specifically denied that after landing
in the westbound lane of Trindle Road, David L. Bowman sat up and
asked, "What happened?"
11. Admitted in part and denied in part. It is admitted
only that the answering Defendant, Pamela Zaiser, was operating a
1990 Chrysler New Yorker at the scene. The remaining averments
of Paragraph 11 are denied as stated and strict proof is demanded
at the time of trial.
3
12. Denied. The averments contained in Paragraph 12 are
conclusions of law and fact to which no response is required. If
a response is deemed to be required, the averments contained
therein are specifically denied and strict proof is demanded at
time of trial.
13. Denied. The averments contained in Paragraph 13 are
conclusions of law and fact to which no response is required. If
a response is deemed to be required, the averments contained
therein are specifically denied.
14. Denied. After reasonable investigation, the answering
Defendant is without sufficient knowledge or information to form
a belief as to the truth of the averments contained in Paragraph
14 and the same are, therefore, denied and strict proof is
demanded at the time of trial.
15. Denied. The averments contained in Paragraph 15 are
conclusions of law and fact to which no response is required. If
a response is deemed to be required, the averments contained
therein are specifically denied and strict proof is demanded at
the time of trial.
16. Denied. The averments contained in Paragraph 16 are
conclusions of law to which no response is required. If a
response is deemed to be required, the averments contained
therein are specifically denied.
4
17. Denied. The averments contained in Paragraph 17 are
conclusions of law to which no response is required. If a
response is deemed to be required, the averments contained
therein are specifically denied.
18. Denied. It is specifically denied that at the scene,
answering Defendant had time and opportunity to observe Robert
Beaver strike David L. Bowman's bicycle. Strict proof thereof is
demanded at the time of trial.
19. Denied. It is specifically denied that at the scene,
answering Defendant had time and opportunity to observe David L.
Bowman land in the westbound lane of Trindle Road. Strict proof
thereof is demanded at the time of trial.
20. Denied. It is specifically denied that at the scene,
answering Defendant had time and opportunity to observe David L.
Bowman sitting in the westbound lane of Trindle Road as she
approached him. Strict proof thereof is demanded at the time of
trial.
21. Denied. It is specifically denied that at the scene,
answering Defendant had time and opportunity to take evasive
action to avoid striking David L. Bowman with her Chrysler New
York. Strict proof thereof is demanded at the time of trial.
22. Denied. The averments contained in Paragraph 22,
Subparagraphs (a)-(i), are conclusions of law to which no
5
response is required.
If a response is deemed to be required,
the averments contained therein are specifically denied.
Defenant to
(a) is specifically
and the
adequate control
vehicle l under denied prper that
have her
under the circumstances;
(b) It is specifically denied that the Defendant failed to
apply her brakes in a reasonable time or in a
reasonable manner to avoid striking David L. Bowman;
(c) It is specifically denied that the Defendant
negligently failed to observe David L. Bowman on the
roadway;
(d) It is specifically denied that the Defendant failed to
operate her vehicle at such a speed and in such a
manner as to be able to stop within the assured clear
distance ahead;
(e) It is specifically denied that the Defendant failed to
keep a reasonable and proper lookout for persons or
vehicles on the roadway;
(f) It is specifically denied that the Defendant failed to
take evasive action after she allegedly observed David
L. Bowman on the roadway;
(g) It is specifically denied that the Defendant failed to
apply her brakes in a reasonable time or in a
reasonable manner to avoid striking oDavid L. Bowman
after Defendant allegedly observed observed David L. Bowman in the roadway;
(h) Subparagraph (h) has been stricken and deleted from the
Complaint by way of Stipulation of Counsel; and
(i) Subparagraph (i) has been stricken and deleted from the
Complaint by way of Stipulation of Counsel.
23. Denied. The averments contained in Paragraph 23 are
conclusions of law to which no response is required. If a
6
response is deemed to be required, the averments contained
therein are specifically denied.
COUNT I (WRONGFUL DEATH)
V. Pamela Zai er
29. Defendant, Pamela Zaiser, incorporates herein by
reference her answers to Paragraphs 1 through 23 above as though
fully set forth herein at length.
25. Denied. After reasonable investigation, the answering
Defendant is without sufficient knowledge or information to form
a belief as to the truth of the averments contained in Paragraph
25 and the same are, therefore, denied and strict proof is
demanded at the time of trial.
26. Denied. The averments contained in Paragraph 26 are
conclusions of law to which no response is required.
27. Denied. The averments contained in Paragraph 27 are
conclusions of law to which no response is required.
28. Denied. The averments contained in Paragraph 28 are
conclusions of law to which no response is required.
WHEREFORE, Defendant, Pamela M. Zaiser, respectfully
requests that judgment be entered in her favor and that
Plaintiffs' Complaint be dismissed with prejudice.
7
29. Defendant, Pamela Zaiser, incorporates herein by
reference her answers to Paragraphs 1 through 28 above as though
fully set forth herein at length.
30. Denied. The averments contained in Paragraph 30 are
conclusions of law to which no response is required.
31. Denied. The averments contained in Paragraph 31 are
conclusions of law to which no response is required.
32. Denied. The averments contained in Paragraph 32 are
conclusions of law to which no response is required.
33. Denied. The averments contained in Paragraph 33 are
conclusions of law to which no response is required.
34. Denied. The averments contained in Paragraph 39 are
conclusions of law to which no response is required.
WHEREFORE, Defendant, Pamela M. Zaiser, respectfully that
judgment be entered in her favor and that Plaintiffs' Complaint
be dismissed with prejudice.
NEW MATTER
By way of additional answer and reply, Defendant, Pamela
Zaiser, interposes the following New Matter defenses:
8
COUNT II (SURVIVAL ACTION)
35. That the Plaintiffs' claims are barred and/or limited
by the Pennsylvania Comparative Negligence Act, 92 Pa. C.S.A.
§7102, at sea., and by the doctrine of comparative negligence.
36. That the Plaintiffs' decedent, David L. Bowman, failed
to exercise reasonable care for his own safety under the
circumstances then and there existing.
37. That the Plaintiffs' decedent, David L. Bowman, was
comparatively negligent and failed to exercise reasonable care
for his own safety which included, without limitation, the
following:
(a) Operating his bicycle directly into the path of motor
vehicles upon the roadway, including the Zaiser
vehicle;
(b) Failing to yield to motor vehicle traffic on the
roadway, including the Zaiser vehicle;
(c) Failing to stop his bicycle and watch for traffic
before attempting to cross the roadway;
(d) Failing to operate his bicycle upon the shoulder of the
roadway;
(e) Operating his bicycle at night and without the proper
lamps and/or reflectors;
(f) Operating his bicycle in reckless disregard for the
presence of other traffic on the roadway;
(g) Failing to keep a proper lookout for motor vehicles
upon the roadway; and
(h) Failing to wear reflective clothing while operating his
bicycle at night.
9
38. David L. Bowman's failure to exercise reasonable care
for his own safety was a substantial factor in the happening of
the accident.
39. That the accident was not caused by any act, omission
or breach of duty by answering Defendant, Pamela Zaiser.
40. That the Plaintiffs' decedent, David L. Bowman,
knowingly and voluntarily assumed the risk of his own injuries
under the circumstances then and there existing.
41. That any damages which the Plaintiffs may be entitled
to recover in this action are limited to those damages which are
recoverable under the provisions of the Pennsylvania Motor
Vehicle Financial Responsibility Law, 75 Pa. C.S.A. §1701, 11
sea.
42. That the accident may have been caused in whole or in
part by the negligence of third persons or parties not presently
involved in this action.
43. That if it should be found that there was any
negligence on the part of the answering Defendant, which is
expressly denied, any such negligence was not a proximate cause
of any damages to the Plaintiffs.
44. That the accident was caused by a sudden emergency.
45. That the accident was unavoidable.
10
46. That the Plaintiffs' damages, if any, may have been
caused in whole or in part by an intervening, superceding cause.
WHEREFORE, Defendant, Pamela M. Zaiser, respectfully
requests that judgment be entered in her favor and that
Plaintiffs' Complaint be dismissed with prejudice.
Respectfully submitted,
GOLDBERG, KATZMAN & SHIPMAN, P.C.
' fferson J. Ship n, Esquire
torney I.D. 51785
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Attorneys for Defendant
32953.1
11
Exhibit A
RITA BYERS NOLL and MARK L.
BOWMAN, individually and as
the Administrators of the
Estate of DAVID LAMONT BOWMAN,:
Deceased, a Minor,
Plaintiffs
VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO 99-5891 CIVIL TERM
CIVIL ACTION - LAW
PAMELA M. ZAISER,
Defendant JURY TRIAL DEMANDED
STIPULATION OF COUNSEL
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It is hereby stipulated and agreed by and between the James
R. Ronca, Esquire, counsel for Plaintiffs, and Jefferson J.
Shipman, Esquire, counsel for Defendant, that subparagraphs h.
and i. of Paragraph 22 only, are hereby striken and deleted from
/•11
Plaintiffs' Complaint.
SCHMIDT RONCA )7 R, P. C.
By
DATE: col of vll
DATE: O 2.51 c19
31996.1
James R
209 Sta
ca, Esquire
Street
, PA 17101
for Plaintiffs
GOLDBERG, KATZMAN & SHIPMAN, P.C.
/I .. n .
Je enon J. Shipman, Esquire
32 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Attorneys for Defendant
I, PAMELA M. ZAISER, have read the foregoing and hereby
affirm that it is true and correct to the best of my personal
knowledge, or information and belief. This Verification and
statement is made subject to the penalties of 18 Pa. C.S. §4904
relating to unsworn falsification to authorities; I verify that
all the statements made in the foregoing are true and correct and
that false statements may subject me to the penalties of 18 Pa.
C.S. §4904.
DATE : ?? la,
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been duly
served on the following counsel of record, by depositing the same
in the United States Mail, postage prepaid, in Harrisburg,
Pennsylvania, on November 8, 1999:
James R. Ronca, Esquire
Schmidt, Ronca & Kramer, P.C.
209 State Street
Harrisburg, PA 17101
GOLDBERG, KATZMAN & SHIPMAN, P.C.
1 Mrson J. Shipm4h, Esquire
D. #: 51785
0. Box 1268
Harrisburg, PA 17108-1268
Attorneys for Defendant
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been duly
served on the following counsel of record, by depositing the same
in the United States Mail, postage prepaid, in Harrisburg,
Pennsylvania, on November 9, 1999:
James R. Ronca, Esquire
Schmidt, Ronca & Kramer, P.C.
209 State Street
Harrisburg, PA 17101
GOLDBERG, KATZMAN & SHIPMAN, P.C.
fL6tson J. Shipm1n, Esquire
#: 51785
P. Box 1268
Harrisburg, PA 17108-1268
Attorneys for Defendant
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RITA BYERS NOLL and MARK L. : IN THE COURT OF COMMON PLEAS
BOWMAN, individually and as : OF CUMBERLAND COUNTY, PENNSYLVANIA
the Administrators of the
Estate of DAVID LAMONT BOWMAN,:
Deceased, a Minor,
Plaintiffs
NO: 99-5891 Civil
V.
CIVIL ACTION - LAW
PAMELA M. ZAISER
Defendant JURY TRIAL DEMANDED
PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT
35. Paragraph No. 35 is a conclusion of law which requires
to answer.
36. Paragraph No. 36 is a conclusion of law which requires
no answer. If it is determined that paragraph No. 36 states
facts, the same are denied, and Plaintiffs incorporate the
averments of the Complaint as if fully set forth herein.
37. Paragraph No. 37 of. Defendant's New Matter is denied
as stated.
(a) Denied as stated. Plaintiffs aver that the
decedent and decedent's bicycle were struck by a vehicle
driven by Robert Beaver, resulting in decedent being
located near the centerline of the roadway, with sufficient
time for Defendant Zaiser to either avoid colliding with
the decedent or with sufficient time for Defendant Zaiser
to stop.
(b) Denied as stated. Decedent was in no position to
"yield" to the Zaiser vehicle as he had been involved in an
1
accident previous to that which placed him in a position of
peril on the roadway with sufficient time for Defendant
Zaiser to either avoid striking the decedent or to bring
her vehicle to a stop.
(c) Plaintiffs are without information sufficient to
form a belief as to the averment of (c).
(d) Denied as stated. The decedent was operating his
bicycle upon the shoulder of the roadway when he attempted
to cross and was struck by the vehicle driven by Beaver.
(e) Denied as stated. Plaintiffs believe and
therefore aver that the bicycle was equipped with
reflectors.
(f) Paragraph (f) is a conclusion of law in that it
uses the words "reckless disregard," which are legal terms
of art. Therefore, no response is required. If it is
determined that paragraph (f) states averments of fact,
they are denied to the extent that they use the words
"reckless disregard." In response, Plaintiff incorporates
the liability paragraphs of the Complaint as if fully set
forth herein.
(g) Paragraph (g) is a conclusion of law which
requires no answer. With respect to Defendant Zaiser,
Plaintiff was in no position due to the preceding accident
2
to maintain a lookout for motor vehicles travelling the
same direction as Defendant Zaiser.
(h) David Bowman's clothing was cut off and removed
by emergency medical personnel and subsequently destroyed
and not returned to Plaintiffs; therefore, Plaintiffs are
without information sufficient to form a belief as to the
averment of (h).
38. Paragraph No. 38 is a conclusion of law which requires
no answer.
39. Paragraph No. 39 is a conclusion of law which requires
no answer.
40. Paragraph No. 40 is a conclusion of law which requires
no answer.
41. Paragraph No. 41 is a conclusion of law which requires
no answer.
42. Paragraph No. 42 is a conclusion of law which requires
no answer.
43. Paragraph No. 43 is a conclusion of law which requires
no answer.
44. Paragraph No. 44 is a conclusion of law which requires
no answer.
45. Paragraph No. 45 is a conclusion of law which requires
no answer.
3
46. Paragraph No. 46 is a conclusion of law which requires
no answer.
WHEREFORE, Plaintiffs respectfully request the Court to
enter judgment as more specifically requested in their
Complaint.
Respectfully submitted,
SCHMIDT, RONCA AND KRAMER, P.C.
By T?5)%*,Fe,-/11-T J 1Z)2
James R. Ronca, Esq.
I.D. No. 25631
209 State Street
Harrisburg, PA 17101
(717) 232-6300
Attorney for Plaintiff
Dated: I I' z 9/17
4
VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION
SUPPLIED BY COUNSEL
I, RITA BYERS NOLL, verify that I am the Plaintiff in the
foregoing action and that the attached REPLY TO NEW MATTER OF
DEFENDANT is based upon the information which has been gathered
by my counsel in preparation of this lawsuit. The language of
the REPLY is that of counsel and is not mine. I have read the
REPLY, and to the extent that it is based upon information which
I have given to my counsel, it is true and correct to the best
of my knowledge, information, and belief. To the extent that
the contents of the REPLY are that of counsel, I have relied
upon counsel in making this Verification.
I understand that intentional false statements herein are
made subject to the penalties of 18 Pa.C.S. §9904 relating to
unsworn falsifications made to authorities.
x4 ti?
'Rita Bye Noll, Individually and
as Administratrix of the Estate of
David Lamont Bowman, Deceased, A
Minor
Dated: [??
RITA BYERS NOLL and MARK L. : IN THE COURT OF COMMON PLEAS
BOWMAN, Individually and as : OF CUMBERLAND COUNTY, PENNSYLVANIA
the Administrators of the
Estate of DAVID LAMONT BOWMAN,:
Deceased, a Minor,
Plaintiffs
NO: 99-5891 Civil
V.
CIVIL ACTION - LAW
PAMELA M. ZAISER
Defendant JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this a14 day of NOUN(," , 1999, I, Todd
D. Getgen, Attorney for Plaintiffs, hereby certify that I have
served a true and correct copy of PLAINTIFFS' REPLY TO NEW MATTER
OF DEFENDANT by depositing same in the United States Mail, first
class postage prepaid, at Harrisburg, Pennsylvania, addressed to:
Jefferson J. Shipman, Esq.
Goldberg, Katzman & Shipman, P.C.
e 320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
SCHMIDT, RONCA AND KRAMER, P.C.
By 0
James R. Ron a, Esq.
I.D. No. 25631
Todd D. Getgen, Esq.
I.D. No. 80719
209 State Street
Harrisburg, PA 17101
(717) 232-6300
Attorneys for Plaintiffs
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RITA BYERS NOLL and MARK L. : IN THE COURT OF COMMON PLEAS
BOWMAN, Individually and as : OF CUMBERLAND COUNTY, PENNSYLVANIA
the Administrators of the
Estate of DAVID LAMONT BOWMAN,;
Deceased, a Minor,
Plaintiffs
NO: 99-5891 Civil
V.
CIVIL ACTION - LAW
PAMELA M. ZAISER
Defendant : JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this ? n
QL`7 day of 1999, I, Todd
D. Getgen, Attorney for Plaintiffs, hereby certify that I have
served a true and correct copy of PLAINTIFFS, ANSWER TO
INTERROGATORIES OF DEFENDANT by depositing same in the United
States Mail, first class postage prepaid, at Harrisburg,
Pennsylvania, addressed to:
Jefferson J. Shipman, Esq.
Goldberg, Katzman & Shipman, P.C.
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
SCHMIDT, RONCA AND KRAMER, P.C.
By
James R. Ronctf, Esq.
I.D. No. 25631
Todd D. Getgen, Esq.
Z.D. No. 80719
209 State Street
Harrisburg, PA 17101
(717) 232-6300
Attorneys for Plaintiffs
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RITA BYERS NOLL and MARK L. : IN THE COURT OF COMMON PLEAS
BOWMAN, Individually and as : OF CUMBERLAND COUNTY, PENNSYLVANIA
the Administrators of the
Estate of DAVID LAMONT BOWMAN,:
Deceased, a Minor,
Plaintiffs
NO: 99-5891 Civil
V.
CIVIL ACTION - LAW
PAMELA M. ZAISER
Defendant JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this 02p ('h day of 1999, Totidd
D. Getgen, Attorney for Plaintiffs, hereby certify that I have
served a true and correct copy of PLAINTIFFS' RESPONSE TO
DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS by depositing same
in the United States Mail, first class postage prepaid, at
Harrisburg, Pennsylvania, addressed to:
Jefferson J. Shipman, Esq.
Goldberg, Katzman & Shipman, P.C.
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
SCHMIDT, RONCA & KRAMER, P.C.
By
James R. Ron a-9, Esq.
I.D. No. 25631
Todd D. Getgen, Esq.
I.D. No. 80719
209 State Street
Harrisburg, PA 17101
(717) 232-6300
Attorneys for Plaintiffs
A
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RITA BYERS NOLL and MARK L. : IN THE COURT OF COMMON PLEAS
BOWMAN, individually and as : OF CUMBERLAND COUNTY, PENNSYLVANIA
the Administrators of the
Estate of DAVID LAMONT BOWMAN,:
Deceased, a Minor,
Plaintiffs
NO: 99-5891 Civil
V.
CIVIL ACTION - LAW
PAMELA M. ZAISER
Defendant JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this 19th day of June, 2000, I, Shawn T. Peterson,
hereby certify that I have served a true and correct copy of
PLAINTIFFS$ REQUESTS FOR PRODUCTION OF DOCUMENTS ADDRESSED TO
DEFENDANT by depositing same in the United States Mail, first
class postage prepaid, at Harrisburg, Pennsylvania, addressed to:
Jefferson J. Shipman, Esq.
Goldberg, Katzman & Shipman, P.C.
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
SCHMIDT, RONCA AND KRAMER, P.C.
By
Shawn T. Peterson, Paralegal
209 State Street
Harrisburg, PA 17101
(717) 232-6300
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RITA BYERS NOLL and MARK L. : IN THE COURT OF COMMON PLEAS
BOWMAN, Individually and as : OF CUMBERLAND COUNTY, PENNSYLVANIA
the Administrators of the
Estate of DAVID LAMONT BOWMAN,:
Deceased, a Minor,
Plaintiffs
NO: 99-5891 Civil
V.
CIVIL ACTION - LAW
PAMELA M. ZAISER
Defendant JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this 19th day of June, 2000, I, Shawn T. Peterson,
hereby certify that I have served a true and correct copy of
PLAINTIFFS' INTERROGATORIES ADDRESSED TO DEFENDANT by depositing
same in the United States Mail, first class postage prepaid, at
Harrisburg, Pennsylvania, addressed to:
Jefferson J. Shipman, Esq.
Goldberg, Katzman & Shipman, P.C.
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
SCHMIDT, RONCA AND KRAMER, P.C.
By / Zk
Shawn T. Peterson, Paralegal
209 State Street
Harrisburg, PA 17101
(717) 232-6300
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RITA BYERS NOLL and MARK L.
BOWMAN, Individually and as
the Administrators of the Estate
of DAVID LAMONT BOWMAN,
Deceased,a Minor,
Plaintiffs
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYLVANIA
: NO: 99-5891 Civil
V.
CIVIL ACTION - LAW
PAMELA M. ZAISER
Defendant : JURY TRIAL. DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this 30th day of August, 2000, I, Todd D. Getgen, hereby certify
that I have served a true and correct copy of PLAINTIFFS' NOTICE OF INTENT
TO SERVE SUBPOENA by depositing same in the United States Mail, first class
postage prepaid, at Harrisburg, Pennsylvania, addressed to:
Jefferson J. Shipman, Esq.
Goldberg, Katzman & Shipman, P.C.
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Respectfully submitted,
SCHMIDT, RONCA & KRAMER P.C.
By:- 2?j
James R. Ronca, P§quire
Supreme Ct. I.D. #25631\
Todd D. Getgen, Esquire
Supreme Ct. I.D. #80719
209 State Street
Harrisburg, PA 17101
(717) 232-6300
Attorneys for Plaintiff
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RITA BYERS NOLL and MARK L. : IN THE COURT OF COMMON PLEAS
BOWMAN, Individually and as : OF CUMBERLAND COUNTY, PENNSYLVANIA
the Administrators of the Estate :
of DAVID LAMONT BOWMAN,
Deceased, a Minor,
Plaintiffs
: NO: 99-5891 Civil
V.
CIVIL ACTION - LAW
PAMELA M. ZAISER
Defendant : JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this 26TH day of September, 2000, I, Todd D. Getgen, hereby
certify that I have served a true and correct copy of PLAINTIFFS, CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22
by depositing same in the United States Mail, first class postage prepaid, at
Harrisburg, Pennsylvania, addressed to:
Jefferson J. Shipman, Esq.
Goldberg, Katzman & Shipman, P.C.
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Respectfully submitted,
SCHMIDT, RONCA & KRAMER P.C.
By:
James R. RoncaAsquire
Supreme Ct. I.D. #25631
Todd D. Getgen, Esquire
Supreme Ct. I.D. #80719
209 State Street
Harrisburg, PA 17101
(717) 232-6300
Attorneys for Plaintiff
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IN THE MATTER OF:
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
.COURT OF COMMON PLEAS
RITA BYERS NOLL. ET AL
-VS-
PAMELA M. ZAISER
TERM,
CASE NO: 99-5891-CIVIL
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JEFFREY SHIPMAN, ESQUIRE
certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party at least
twenty days prior to the data on which the subpoena is sought to be
served,
(2) A copy of the notice of intent, including the proposed subpoena, is
attached to this certificate,
(3) No objection to the subpoena has been received, and
(4) The subpoena which will be served is identical to the subpoena which
is attached to the notice of intent to serve the subpoena.
DATE: 04/03/2001
S on beh f,of
i
E FREE E SHIP ESQUIRE
Attorney for DEFENDANT
DEII-244301 5 4 9 1 5- 1-0 1
W
COMDQONWEAL TH O V PENN S YLVAN 2A
COUNTY O V CUMBERLAND
IN THE MATTER OF: COURT OF COMMON PLEAS
RITA BYERS NOLL, ET AL
-VS-
PAMELA M. ZAISER
CUMBERLAND VALLEY SCHOOL DIST. SCHOLASTIC
TO: JAMES R. RONCA. ESQUIRE
TERM.
CASE NO: 99-5891-CIVIL
MCS on behalf of JEFFREY SHIPMAN, ESQUIRE intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your'ezpense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 03/14/2001
CC: JEFFREY SHIPMAN. ESQUIRE -
Any questions regarding this matter, contact
MCS on behalf of
JEFFREY SHIPMAN, ESQUIRZ
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
/800
PHILADELPHIA. PA 19103
(215) 246-0900
DE02-147431 5 4 9 1 5- C O I
COMMONWEALTH OF PENNSYLVANIA
, . COUNTY OF CUMBERL.AVD
RITA BYERS NOLL, ET AL
VS
File No. 99-5891-CIVIL
PAMELA M. ZAISER
SUBPOENA TO PRODUCE DOCUMLNTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 400923
TO: CUSTODIAN OF RECORDS FOR: CUMBERLAND VALLEY HIGH SCHOOL
('13,11.0, Penon or entire)
Within rwer. • (2o) davs after service of this subnoena, you are ordered
things: ----ZEE-A=AC
the court to produce the following documents or
t
at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103
(Addms)
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 tisted above. You have the right to seek, in
advance, the -easonable cost of preparing the copies or producing the things sought.
11 you fail to roduce the documents or things required by this subpoena, within twenty (20) davs after its service, the party
serving Ns subpoena may seek a court order compelling you to comply with r_
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: JEFFERSON J. SHIPMAN, ESQUIRE
ADDRESS: PO BX 1268
HARRTCRinta. PA 17108
TELEPHON_ 215-246-0900
SUPREME COURT ID #:
ATTORNEYFOR „r EE nAMm
DATE _1'/.t?nc4 12
Seal of the Court
(Eff. 7/977)
t
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
CUMBERLAND VALLEY SCHOOL DIST.
6746 CARLISLE PIKE
MECHANICSBURG, PA 17055
RE: 54915
DAVID LAMONT BOWMAN (DECD)
Any and all scholastic records, files and memorandums, attendance records,
evaluations, test and report cards, and health records as a student.
Dates Requested: up to and Including the present.
Subject : DAVID LAMONT BOWMAN (DECD)
967 TRINDLE ROAD, MECHANICSBURG, PA 17055
Date of Birth: 12-28-1980
SU10-295054 5493-5-1-03.
RITA BYERS NOLL and MARK L.
BOWMAN, Individually and as the
Administrators of the Estate of
DAVID LAMONT BOWMAN,
Deceased, a Minor
Plaintiffs
V.
PAMELA M. ZAISER
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
File No. 99-5891 Civil
PRAECIPE TO SETTLE DISCONTINUE AND END
PLEASE mark the above-captioned action settled, discontinued and
ended, with prejudice.
Respectfully submitted,
SCHMIDT, RONCA, & KRAMER, P.C.
?V
By:
Scott B. Cooper
I.D. #70242
209 State Street
Harrisburg, PA 17101
(717) 232-6300
Attorney for Plaintiffs
CERTIFICATE OF SERVICE
-a,
AND NOW, this /j day of November, 2002, I, Scott B. Cooper, Esquire,
counsel for the Plaintiff, hereby certify that I have, this day, served a copy of
the foregoing Praecipe to Settle, Discontinue and End by serving a copy of the
same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania,
addressed to:
Ms. Rita Noll Jefferson J. Shipman, Esq.
967 West Trindle Road, Lot 30 Goldberg, Katzman & Shipman, P.C.
Mechanicsburg, PA 17055 320 Market Street
P.O. Box 1268
Mark Bowman Harrisburg, PA 17108-1268
414 Spring Street
Harrisburg, PA 17101
Respectfully submitted,
SCHMIDT, RONCA & KRAMER, P.C.
By: zz/
'Scott A Cooper
I.D.# 70242
209 State Street
Harrisburg, PA 17101
(717) 232-6300
Attorney for Plaintiffs
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