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HomeMy WebLinkAbout99-06462•f r F y, rti ? ss>f1 h , , ' S?j? J p f >? # t ?. ? L uT q? ? x ??hG e Y i f. f i?t s yam' Sri a ' f t h \p 1 t ? a Yy k a. ry owl f ? ? O ?r < S a ' f1 t:' t e ' Gk3 . l> ? 1Y I F r 4 f ; Z s_wA m T =? y • k$ t .. - 011 J f =a ?n l f } 106 aj .r. Philip Heisey and April Heisey as husband and wife, Plaintiffs V. John Christopher Greenway Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6462 CIVIL 1999 RULE 1312.1. The Petition for Appointment of Arbitrators shall be substantially In the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT Steven D. Stambaugh, rsquira , counsel for the plaintiffddefaodantin the above action (or actions), respectfully represents that: I. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ darmaps in hnrh causation and amount. The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: James G. Nealon, Esquire, 301 Market Street. 9th Flnnr, ttarrta}n, gl ph 171013 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. 11 Esquire ORDER OF COURT AND NOW, 6", ai).5 ljT in consideration of the Lawn 2 L(? foregoing petition, Esq., '?Ce ii.16 ? Esq., and Esq., arc appointed arbitrators in the above captioned action (or actions) as prayed for. P.J. i ?r f' , - A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHILIP HEISEY and APRIL HEISEY, NO. 99.6462 Civil Term as husband and wife, Plaintiffs, CIVIL ACTION - LAW VS. JOHN CHRISTOPHER GREENWAY, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Rachelle L. Seeds, of the law firm of FRANKEL, BARE & ASSOCIATES, attorneys for Plaintiffs, do hereby certify that I am this day serving a copy of the foregoing Petition for Appointment of Arbitrators upon the counsel of record in the following manner. BY REGULAR MAIL: James G. Nealon, III, Esquire NEALON & GOVER 301 Market Street, 9th Floor P.O. Box 865 Harrisburg, PA 17108 FRANKEL. BARE 6 ASSOCIATES Date: July 2000 ATTORNEYS AT LAW 11 WEST KING STREET YORK PENNSYLVANIA 1710, FRANKEL, BARE & ASSOCIATES 'elle L. Seeds', Paralegal to: S ven D. Stambaugh, Esquire I.D. It 64338 Attorney for Plaintiffs 14 West King Street PO Box 1389 York, PA 17405-1389 (717) 854-3836 ' ; - N J: La . i' ! tJ HERESY NOTIFIED O n _ " ' ' , + ,A• s' IN PES?ONBE TD THE FRANKEL, BARE AI ABSOCIATEB VENTY 201 DAYS 'FROM ATTORNEYS AT LAW, `Wt DO NtRESY? CE TII [REOF•?R A JUDOMENT THE WITHIN'IS A TRUES TOED AGAINST YOU ` - 14 WEST KING DIVEST , RECT COPY' OF THE ?.`I YORK, PENNSYLVANIA17401 FILEOIN THISACTION RNRY. :...ATTORNEY;... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHILIP HEISEY and APRIL HEISEY as husband and wife, Plaintiffs, vs. JOHN CHRISTOPHER GREENWAY, Defendant NO. 99-1 ?yG chit CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO DEFEND AND CLAIM RIGHTS 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 notice and pleading 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 pleading 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. FRANKEL. BARE a ASSOCIATES ATTORNEYS AT LAW IA WEST KING STREET ,RK PENNSYLVANIA 17401 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1717) 249.3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHILIP HEISEY and APRIL HEISEY, as husband and wife, Plaintiffs, NO. 99-SU- CIVIL ACTION - LAW VS. JOHN CHRISTOPHER GREENWAY, Defendant AVISO JURY TRIAL DEMANDED LISTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de [as quejas expuestas an [as paginas siguientes, dabs tomar acclon dentro de veinte (20) dies a partir de Is fecha an qua recibio la demands y el aviso. Usted debe presenter comparecencia escrita an persona o par abogado y presenter an Is Corte par escrito sus defenses o sus objeciones a las demandas an su contra. Se le avisa qua si no se defiende, el case puede proceder sin usted y Is Corte puede decidir an su contra sin mas aviso o notificacion par cualquier dinero reclamado an Is demanda o par cualquier otra queja o compensacion reclamados par el Demandante. Usted puede perder dinero, o propiedades u otros derechos importantes pars usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. St LISTED FRANKEL. BARE IS ASSOCIATES ATTORNEYS AT LAW 14 WEST KING STREET IRK PENNSYLVANIA OAOI NO TIENE 0 NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1717) 249-3166 FRANKEL. BARE 8 ASSOCIATES ATTORNEYS AT LAW 14 WEST NINE STREET VORA PENNSYLVANIA 17401 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHILIP HEISEY and APRIL HEISEY, as husband and wife, Plaintiffs, NO. 99= /OgLva,? 01u i C CIVIL ACTION - LAW VS. JOHN CHRISTOPHER GREENWAY, Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, thisJCPI?y of October, 1999, comes the Plaintiffs, Philip Halsey and April Halsey, through and by their attorneys, FRANKEL, BARE & ASSOCIATES, and files this Complaint, whereof the following is a statement: 1. The Plaintiffs, Philip and April Halsey (hereinafter "Plaintiffs"), are husband and wife and are adult citizens of the Commonwealth of Pennsylvania currently residing at 4937 Lincolnwood Drive, York, York County, Pennsylvania 17404. 2. The Defendant, John Christopher Greenway, (hereinafter "Defendant") is an adult citizen of the Commonwealth of Pennsylvania currently residing at 100 Sunset Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The facts and occurrences hereinafter related took place on or about February 20, 1999 at approximately 12:10 p.m. in or around SR 74 at or near its intersection with SR 850. Vk 4. At all times relevant hereto, Plaintiff was traveling as a passenger in a 1994 Chevrolet Silverado pick-up truck (bearing Pennsylvania registration number APE5685) which was owned and operated by Jack Douglas Halsey. 5. At all times relevant hereto, Defendant, John Christopher Greenway was the authorized operator of a 1986 Chevrolet Nova, owned by Melanie Greenway, and bearing Pennsylvania registration number AWZ1695. 6. At all times relevant hereto, Plaintiffs, Philip and April Halsey were covered by full tort under Pennsylvania Law or has limited tort with exclusions that apply, or in the alternative, has serious bodily injury as defined by Pennsylvania Law or was not provided proper notice of the limited tort option pursuant to 75 Pa. C.S.A. §1701 at. seq., specifically § 1705 and § 1791, and other applicable laws and regulations. 7. The said damages, as described hereafter, are in excess of $30,000.00 and FRANKEL. BARE e ASSOCIATES ATTORNEYS AT LAW IA WEST VINO STREET IRK PENNSVLYANIA ISAOI outside the scope and authority of mandatory arbitration and a jury trial is hereby demanded. COUNT I - NEGLIGENCE PHILIP HEISEY vs. JOHN CHRISTOPHER GREENWAY 8. Paragraphs one (1) through seven (7) are incorporated by reference as if set forth fully hereunder. 9. Plaintiff, at or about the aforementioned date and time, was a passenger in a motor vehicle which was traveling north on SR74 when the driver of the vehicle in which Plaintiff was traveling slowed to make a left hand turn into his driveway. 10. While the vehicle in which Plaintiff was traveling was slowing, the Defendant, John Greenway, violently slammed his vehicle into the rear of Plaintiff's vehicle. 11. Said accident was directly and proximately caused by the negligence, carelessness, and recklessness of the Defendant which consisted of, but was not limited to, the following: a) Operating said motor vehicle without due regard to the rights, safety, and position of Plaintiff's vehicle; b) Failing to have said vehicle under proper control so as to prevent the same from colliding with Plaintiff's vehicle; c) Failing to keep a proper lookout for other vehicles lawfully on the road; d) Failing to operate said vehicle with due regard for the highway and traffic conditions which were then and there existing and of which he/she was or should have been aware; FRANKEL_ RARE 6 ASSOCIATES ATTORNEYS AT LAW IA WEST KING STREET YORK PENNSYLVANIA I1411 e) Failing to take evasive action in order to avoid impacting the Plaintiff's vehicle; f) Violating 75 Pa.C.S.A. §3714 by driving said vehicle in careless disregard for the safety of persons or property. 12. Said accident resulted solely from the carelessness, recklessness, and negligence of the Defendant and was in no way the result of any act or failure to 13. _.. I- As a direct and proximate result of the Defendant's negligence, carelessness, act on the part of the Plaintiff. and recklessness, Plaintiff has sustained personal injuries resulting in serious impairment of bodily function which include, but are not limited to, the following: a) Physical pain and suffering resulting from injuries to his right hip, neck pain, and back pain. b) Mental anguish; c) Discomfort; d) Inconvenience; e) Distress; f) Loss of life's pleasures; g) Embarrassment and humiliation; h) An impairment of health and sense of well being; and i) Disfigurement. 14. As a direct and proximate result of the Defendant's negligence, carelessness, FRANKEL. BARE S ASSOCIATES ATTORNEYS AT LAW IA WEST KING STRUT DON FENNSVLVANIA 11401 and recklessness, Plaintiff has suffered, is suffering, and in the future will continue to suffer financial injuries which include, but are not limited to, the following: a) Past, present, and future medical expenses which have or may in the future exceed applicable legal limits; b) Incidental costs resulting from dealing with said injuries; and c) Loss of earnings and earning capacity. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against the Defendant and in favor of the Plaintiff in an amount in excess of $30,000.00, plus delay damages, costs and interest as allowed by law. COUNT 11 - LOSS OF CONSORTIUM APRIL HEISEY va JOHN CHRISTOPHER GREENWAY 20. Paragraphs one (1) through nineteen 09) are incorporated by reference as if set forth fully hereunder. 21. As a result of the negligence of the Defendant, as more fully described in the preceding paragraphs, Plaintiff, April Halsey has sustained a loss of her husband's comfort, society, aid, consortium, and services. WHEREFORE, Plaintiffs April Halsey and Philip Halsey respectfully request this Honorable Court to enter judgment against the Defendant in an amount in excess of $30,000.00 plus costs and interest as allowed by law. Respectfully submitted, FRANKEL, WE & Date: 20Z" tac 14 WegyKing Strgbt P.O. Box 1389 FRANKEL. BARE S York, PA 17405.1389 ASSOCIATES (717) 854-3836 ATTORNEYS AT LAW 14 WEST KING STREET )RR PENNSYLVANIA 17401 TES VERIFICATION FRANKEL, BARE 6 ASSOCIATES ATTORNEYS AT LAW IA WEST MIND STREET pRR PLNNSVLVANIA I740I I verify that the statements made in this Complaint are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language is that of counsel and not my own. To the extent that the contents are based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents are that of counsel, I have relied upon my counsel in making this verification. I understand that false statements herein are made subject to penalties of 18 PA C.S. §4904, relating to unsworn falsification to authorities. October 20, 1999 Date October 20, 1999 Date //C 11401?0?1 Philip Heyey/ A ril Hersey y t ?l 1S; M l1_f 4 u- i ( 1 it I \ C?j N r F li 9- c 1: c u l ?, 1?1 f.l f IV,.. 1 t, 1' U ? 1 l:. J n m K m z?J1 O W < 4 n 5 n L 0° < = < Qm< c? 11- m> i ( u O N Z O Z m 2 Q n M 0 W J'A 0 h a s Q . ? WW i < a z , < mN p n r Z Ilvww..owlu.*mu•nmu row l 7u'mnw.wur.urumv 00 rpw+a v Tvn uv uru tnr PHILIP HEISEY and APRIL HEISEY, hlw IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNA. V. NO. 99-6462 JOHN CHRISTOPHER GREENWAY, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, John Christopher Greenway, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER Y James G. Nealon, III, Esquire Attorney I.D. #46457 301 Market Street, 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 AND NOW, this 5" day of November, 1999, 1 hereby certify that I have served the foregoing Praecipe entering my appearance on the following by depositing a true and correct copy of same In the United States mails, postage prepaid, addressed to: Steven D. Stambaugh, Esquire FRANKEL, BARE & ASSOCIATES 14 West King Street PO Box 1389 York, PA 17405-1389 'C:::::1 ............. , Man?. James G. Nealon, III, Esquire Dated: t f_:I L_ ?1 1 n 0 m 0 x 8 m 0 a S 0`5 un= J b'o'a Z O Z I 0 Z 0 p Q G 6 6 Y d Z E m < 3 n n a a J L- r i uwww•.eww•wn }II T4(Y I?M1V I.V III VIA t"/ PHILIP HEISEY and APRIL HEISEY, h/w Plaintiffs V. JOHN CHRISTOPHER GREENWAY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. : NO. 99-6462 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a Subpoena for documents and things pursuant to Rule 4009.22, Defendant, John Christopher Greenway, 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 20 days prior to the date on which the Subpoena is sought to be served, 2. A copy of the Notice of Intent, including the proposed Subpoena, is attached to this Certificate. 3. 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: 1/24/00 t , - (l Do n c t? n I JA ES G. NEALO , III, ESQUIRE (llJJl ATTORNEY FOR DEFENDANT Nealon r1_??®ver ... :'^R - ATTORNEYS AT LAW January 24, 2000 Carlisle Hospital 246 Parker Street Carlisle, PA 17013 In Re: Phillip J. Halsey Social Security #: 208-38-3161 Dear Records Custodian: 301 MARKET STREET • 9° FLOOR P.O. BOX 16S HARRISBURG, PA 17101 17171232.9900 FAX (717) 216.9119 JAMES G. NEALON, 111 MATTHEW R. GOVER BRIAN W. PERRY DAVID J. FREED CHRISTOPHER J. KNIGHT You are being served with a Notice and Subpoena for you to bring the records referred to in the Subpoena for examination by the undersigned at the time and place indicated. In serving upon you the Notice and Subpoena, I am proceeding under applicable Pennsylvania Rules of Civil Procedure. A copy of the Subpoena and a Notice of Intent to Service the Subpoena was served upon the attorney for the Plaintiff more than 20 days ago. No objections to the Subpoena have been filed. If you would prefer, you may in advance of the deposition date send us photocopies of the records. With such photocopies, please include your statement for the cost of preparing the same, which we will promptly pay. In addition, you must complete the enclosed Certificate of Compliance. Upon receipt of such photocopies and the completed Certificate of Compliance by this office, your appearance will be canceled and the Subpoena withdrawn. Your cooperation in this matter is appreciated. Should there be any questions, please telephone the undersigned at the above number. Sincerely, Barbara Baker, Paralegal NEALON & GOVER BJB/bjb Enclosures PHILIP HEISEY and APRIL HEISEY, hlw Plaintiffs V. JOHN CHRISTOPHER GREENWAY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 99-6462 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Hospital Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED at the offices of Nealon 8 Gover, 301 Market Street, 9' Floor, Harrisburg, PA 17101. You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the Certificate of Compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the COPI35 or producing the things sought. If you fail to produce the documents or things required by this Subpoena within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. This Subpoena was Issued at the request of the following person: James G. Nealon,111, Esquire 301 Market Street, 91° Floor Harrisburg, PA 17701 717-232.9900 Attorney for Defendant BY THE C..OURT: .S/ C??ti?io le. DATED: / /D 00 x1v • a (!J `? Seal of the Court PROTHO?Y EXPLANATION OF REQUIRED RECORDS TO: Custodian of Records For: Carlisle Hospital ANY AND ALL MEDICAL RECORDS, OFFICE NOTES, CORRESPONDENCE, MEMORANDUM, INSURANCE FORMS, PROGRESS NOTES, REPORTS OR OTHER DOCUMENTS RELATING TO ANY EXAMINATION, CONSULTATION, CARE OR TREATMENT. DATES REQUESTED: Up to and including the Present SUBJECT: Phillip J. Heisey SOCIAL SECURITY #: 208-38.3161 DATE OF BIRTH: 6131149 PHILIP HEISEY and APRIL HEISEY, hlw Plaintiffs V. JOHN CHRISTOPHER GREENWAY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 99-6462 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO: Carlisle Hospital You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, Records Custodian for Carlisle Hospital, certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the Subpoena Issued on have been produced. DATE: Records Custodian Nrealon FooV?? ATTORNEYS AT LAW York Imaging Center 1640 South Queen Street York, PA 17043 In Re: Phillip J. Halsey Social Security #: 208-38-3161 Dear Records Custodian: 501 MARKET STREET • 9° FLOOR P.O. BOX 56S HARRISBURG, ?A 17101 (717) 252.9900 FAX: (717) 236-0139 JAMES G. NEALON, III MATTHEW R. DOVER BRIAN W. PERRY DAVID J. FREED CHRISTOPHER J. KNIGHT January 24, 2000 You are being served with a Notice and Subpoena for you to bring the records referred to in the Subpoena for examination by the undersigned at the time and place indicated. In serving upon you the Notice and Subpoena, I am proceeding under applicable Pennsylvania Rules of Civil Procedure. A copy of the Subpoena and a Notice of Intent to Service the Subpoena was served upon the attorney for the Plaintiff more than 20 days ago. No objections to the Subpoena have been filed. If you would prefer, you may in advance of the deposition date send us photocopies of the records. With such photocopies, please include your statement for the cost of preparing the same, which we will promptly pay. In addition, you must complete the enclosed Certificate of Compliance. Upon receipt of such photocopies and the completed Certificate of Compliance by this office, your appearance will be canceled and the Subpoena withdrawn. Your cooperation in this matter is appreciated. Should there be any questions, please telephone the undersigned at the above number. Sincerely, Barbara Baker, Paralegal NEALON & GOVER BJB1bjb Enclosures PHILIP HEISEY and APRIL HEISEY, hlw : IN THE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY, PENNA. V. NO. 99-6462 JOHN CHRISTOPHER GREENWAY, CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: York Imaging Center Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED at the offices of Nealon & Gover, 301 Market Street. 91 Floor, Harrisburg, PA 17101. You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the Certificate of Compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. This Subpoena was Issued at the request of the following person: James G. Nealon, III, Esquire 301 Market Street, 91 Floor Harrisburg, PA 17101 717.232.9900 Attorney for Defendant BY THE COURT: DATED: /'/0 -&) ,r0., ?i.+.r. /- : 4:;;O ` Seal of the Court P OTHONO ARY EXPLANATION OF REQUIRED RECORDS TO: Custodian of Records For: York Imaging Center ANY AND ALL MEDICAL RECORDS, OFFICE NOTES, CORRESPONDENCE, MEMORANDUM, INSURANCE FORMS, PROGRESS NOTES, REPORTS OR OTHER DOCUMENTS RELATING TO ANY EXAMINATION, CONSULTATION, CARE OR TREATMENT. DATES REQUESTED: Up to and Including the Present SUBJECT: Phillip J. Halsey SOCIAL SECURITY #: 208-38-3161 DATE OF BIRTH: 6131149 `t= c Lh M Ji ? I x, b ::{ to ry T a PHILIP HEISEY and APRIL HEISEY, hlw : IN THE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY, PENNA. V. JOHN CHRISTOPHER GREENWAY, Defendant TO: York Imaging Center NO. 99-6462 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE I, Records Custodian for York Imaging Center, certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the Subpoena Issued on have been produced. DATE: Records Custodian F: rrfl 301 MARKET STREET • 9- FLOOR P.O. BOX 163 HARRISBURG, PA 17101 17171232.9900 FAX31717)216.9119 JAMES G. NEALON, III MATTHEW R. DOVER BRIAN W. PERRY DAVID). FREED CHRISTOPHER J. KNIGIIT January 24, 2000 George Eder, M.D. - Hunters Hill Family Practice 1910 Kenneth Road York, PA 17404 In Re: Phillip J. Heisey Social Security #: 208-38-3161 Dear Records Custodian: You are being served with a Notice and Subpoena for you to bring the records referred to in the Subpoena for examination by the undersigned at the time and place indicated. In serving upon you the Notice and Subpoena, I am proceeding under applicable Pennsylvania Rules of Civil Procedure. A copy of the Subpoena and a Notice of Intent to Service the Subpoena was served upon the attorney for the Plaintiff more than 20 days ago. No objections to the Subpoena have been filed. If you would prefer, you may in advance of the deposition date send us photocopies of the records. With such photocopies, please include your statement for the cost of preparing the same, which we will promptly pay. In addition, you must complete the enclosed Certificate of Compliance. Upon receipt of such photocopies and the completed Certificate of Compliance by this office, your appearance will be canceled and the Subpoena withdrawn. Your cooperation in this matter is appreciated. Should there be any questions, please telephone the undersigned at the above number. Sincerely, Barbara Baker, Paralegal NEALON & GOVER BJB/bjb Enclosures PHILIP HEISEY and APRIL HEISEY, hlw Plaintiffs V. JOHN CHRISTOPHER GREENWAY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. NO. 99-6462 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: George Eder, M.D. Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED at the offices of Nealon & Gover, 301 Market Street, 9" Floor, Harrisburg, PA 17101. You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the Certificate of Compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. This Subpoena was Issued at the request of the following person: James G. Nealon, III, Esquire 301 Market Street, 9 h Floor Harrisburg, PA 17101 717.232.9900 Attorney for Defendant BY THE COURT: DATED: / . /D • IV .zOg • ' 5yi'li.Ic le Seal of the Court PROTHONOTARY EXPLANATION OF REQUIRED RECORDS TO: Custodian of Records For. George Eder, M.D. ANY AND ALL MEDICAL RECORDS, OFFICE NOTES, CORRESPONDENCE, MEMORANDUM, INSURANCE FORMS, PROGRESS NOTES, REPORTS OR OTHER DOCUMENTS RELATING TO ANY EXAMINATION, CONSULTATION, CARE OR TREATMENT. DATES REQUESTED: Up to and Including the Present SUBJECT: Phillip J. Heisey SOCIAL SECURITY #: 208-38-3161 DATE OF BIRTH: 6131149 PHILIP HEISEY and APRIL HEISEY, hlw IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNA. V. NO. 99-6462 JOHN CHRISTOPHER GREENWAY, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED NOTICE TO: Hunter's Hill Family Practice - Dr. George Eder You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena, PURSUANT TO RULE 4009.23 It I, Records Custodian for Hunters Hill Family Practice Dr. George Eder, certify to the best of my knowledge, Information and belief that all documents or things required to be produced pursuant to the Subpoena Issued on have been produced. DATE: Records Custodian Healon L 10over ATTORNEYS AT LAW Bruce E. Sicilia, M.D. HealthSouth Rehabilitation Center 1850 Normandre Drive York, PA 17404 In Re: Phillip J. Heisey Social Security #: 208-38-3161 Dear Records Custodian: 301 MARKET STREET • 9- FLOOR P.O. BOX 16S HARRISBURG, PA 17101 (717)232.9900 FAX, (717) 236.9119 JAMES G. NEALON, IU MATTIIF.W R. COVER BRIAN W. PERRY DAVID). FREED CHRISTOPIIER J. KNIGIIT January 24, 2000 You are being served with a Notice and Subpoena for you to bring the records referred to in the Subpoena for examination by the undersigned at the time and place indicated. In serving upon you the Notice and Subpoena, I am proceeding under applicable Pennsylvania Rules of Civil Procedure. A copy of the Subpoena and a Notice of Intent to Service the Subpoena was served upon the attorney for the Plaintiff more than 20 days ago. No objections to the Subpoena have been filed. If you would prefer, you may in advance of the deposition date send us photocopies of the records. With such photocopies, please include your statement for the cost of preparing the same, which we will promptly pay. In addition, you must complete the enclosed Certificate of Compliance. Upon receipt of such photocopies and the completed Certificate of Compliance by this office, your appearance will be canceled and the Subpoena withdrawn. Your cooperation in this matter is appreciated. Should there be any questions, please telephone the undersigned at the above number. Sincerely, Barbara Baker, Paralegal NEALON & GOVER BJBlbjb Enclosures PHILIP HEISEY and APRIL HEISEY, hlw : IN THE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY, PENNA. V. : NO. 99-6462 JOHN CHRISTOPHER GREENWAY, : CIVIL ACTION -LAW Defendant : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Bruce E. Sicilia, M.D. Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED at the offices of Nealon & Gover, 301 Market Street, 9"Floor, Harrisburg, PA 17101. You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the Certificate of Compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. This Subpoena was Issued at the request of the following person: James G. Nealon, III, Esquire 301 Market Street, 9' Floor Harrisburg, PA 17101 717-232.9900 Attorney for Defendant BY THE COURT: /$/ GGa o '? J<< DATED: /' /O •DO d9" Seal of the Court P OTW'ARY EXPLANATION OF REQUIRED RECORDS TO: Custodian of Records For: Bruce E. Sicilia, M.D. ANY AND ALL MEDICAL RECORDS, OFFICE NOTES, CORRESPONDENCE, MEMORANDUM, INSURANCE FORMS, PROGRESS NOTES, REPORTS OR OTHER DOCUMENTS RELATING TO ANY EXAMINATION, CONSULTATION, CARE OR TREATMENT. DATES REQUESTED: Up to and Including the Present SUBJECT: Phillip J. Halsey SOCIAL SECURITY #: 208.38.3161 DATE OF BIRTH: 6131149 PHILIP HEISEY and APRIL HEISEY, h/w Plaintiffs V. JOHN CHRISTOPHER GREENWAY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 99-6462 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO: Bruce E. Sicilia, M.D. You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, Records Custodian for Bruce E. Sicilia, M.D., certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the Subpoena Issued on have been produced. DATE: Records Custodian N ealon Crotgr ATTORNEYS AT LAW January 24, 2000 Pfaltzgraff 215 Zarfoss Road York, PA 17404 In Re: Phillip J. Heisey Social Security #: 208-38-3161 Dear Records Custodian: 301 MARKET STREET • 9" FLOOR P.O. BOX 663 HARRISBURG, PA 17106 17171232.9900 FAX, (717) 136-9119 JAMES G. NEALON, M MATTHEW R. DOVER BRIAN W. PERRY DAVID). FREED CHRISTOPHER J. KNIGHT You are being served with a Notice and Subpoena for you to bring the records referred to in the Subpoena for examination by the undersigned at the time and place indicated. In serving upon you the Notice and Subpoena, I am proceeding under applicable Pennsylvania Rules of Civil Procedure. A copy of the Subpoena and a Notice of Intent to Service the Subpoena was served upon the attorney for the Plaintiff more than 20 days ago. No objections to the Subpoena have been filed. If you would prefer, you may in advance of the deposition date send us photocopies of the records. With such photocopies, please include your statement for the cost of preparing the same, which we will promptly pay. In addition, you must complete the enclosed Certificate of Compliance. Upon receipt of such photocopies and the completed Certificate of Compliance by this office, your appearance will be canceled and the Subpoena withdrawn. Your cooperation in this matter is appreciated. Should there be any questions, please telephone the undersigned at the above number. Sincerely, Barbara Baker, Paralegal NEALON & GOVER BJB/bjb Enclosures PHILIP HEISEY and APRIL HEISEY, h/w : IN THE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY, PENNA. V. NO. 99-6462 JOHN CHRISTOPHER GREENWAY, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pfaltzgraff Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED at the offices of Nealon & Gover, 301 Market Street, 91" Floor, Harrisburg, PA 17101. You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the Certificate of Compliance, to the party making this request at the address listed above. You have the right to seek In advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. This Subpoena was issued at the request of the following person: James G. Nealon, III, Esquire ,301 Market Street, 9'" Floor Harrisburg, PA 17101 717.232.9900 Attorney for Defendant BY THE COURT: mss/ <<?' •?' ?'?. i' •?°,r?"?`?- DATED: /•/D''o }r?. ' i>rl.vr Seal of the Court P THONG ARY EXPLANATION OF REQUIRED RECORDS TO: Custodian of Records For: Pfaltzgraff Entire personnel file, Including but not limited to applications for employment, correspondence, memorandum, health records, payroll records or other documents pertaining to: DATES REQUESTED: Up to and Including the Present SUBJECT: Phillip J. Halsey SOCIAL SECURITY M 208-38-3161 DATE OF BIRTH: 5131149 PHILIP HEISEY and APRIL HEISEY, hlw Plaintiffs V. JOHN CHRISTOPHER GREENWAY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 99-6462 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO: Pfaltzgraff You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, Records Custodian for Pfaltzgraff, certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the Subpoena Issued on have been produced. DATE: Records Custodian PHILIP HEISEY and APRIL HEISEY, hlw Plaintiffs V. JOHN CHRISTOPHER GREENWAY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 99-6462 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, John Christopher Greenway, intends to serve Subpoenas identical to the ones that are attached to this Notice. You have twenty (20) days from the dale listed below in which to file of record and serve upon the undersigned an objection to the Subpoenas. If no objection is made the Subpoenas may be served. Date: 12/28/99 q,: rr a-?? 1 ?/ ' r^-5-`'? I ( ) esG. Nealon, III, Esq ire Attorney for the Defendant CERTIFICATE OF SERVICE AND NOW, this 24th day of January, 2000, 1 hereby certify that I have served the foregoing Certificate Prerequisite to Service of a Subpoena on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to; Steven D. Stambugh, Esquire P.O. Box 1389 York, PA 17405-1389 J as G. Nealon, Esquire z?y th, r{, } yFt 1T { 4 A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHILIP HEISEY and APRIL HEISEY, NO. 99-6462 Civil Term as husband and wife, Plaintiffs, CIVIL ACTION - LAW VS. JOHN CHRISTOPHER GREENWAY, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Rochelle L. Seeds, of the law firm of FRANKEL, BARE & ASSOCIATES, attorneys for Plaintiffs, do hereby certify that I am this day serving a copy of the foregoing Interrogatories and Requests for Production of Documents propounded on Defendant upon the counsel of record in the following manner. BY REGULAR MAIL: James G. Nealon, III, Esquire NEALON & GOVER 301 Market Street, 9th Floor P.O. Box 865 Harrisburg, PA 17108 FRANKEL. BARE a ASSOCIATES ATTORNEYS AT LAW 14 WEST KING STREET PORK PENNSYLVANIA ITAOI Date: November ICX, 1999 FRANKEL, BARE & ASSOCIATES Rohelle L. Sedds Palralegal to: Sloven D. Stambaugh, Esquire I.D. # 64338 Attorney for Plaintiffs 14 West King Street PO Box 1389 York, PA 17405-1389 (717) 854-3836 ,d.. ..,,...__ . ? -... c-' 1 r r orn .t1 C C:L ? u_ _ '? aj? Fi.N ^- C: t rf riiGL {? U ) C . ?r FRANKEL BARE A ASSOCIATES ATTORNEYS AT LAW IA WEST KING STREET YORK PENNSYLVANIA 17401 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHILIP HEISEY and APRIL HEISEY, NO. 99.6462 Civil Term as husband and wife, Plaintiffs, CIVIL ACTION - LAW VS. JOHN CHRISTOPHER GREENWAY, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Rachelle L. Seeds, of the law firm of FRANKEL, BARE & ASSOCIATES, attorneys for Plaintiffs, do hereby certify that I am this day serving a copy of the foregoing Plaintiffs' Answers to Interrogatories and Requests for Production of Documents upon the counsel of record in the following manner. BY REGULAR MAIL: James G. Nealon, 111, Esquire NEALON & GOVER 301 Market Street, 9th Floor P.O. Box 865 Harrisburg, PA 17108 Date: December U2 , 1999 BARE & ASSOCIATES Ra elle L. Seeds, Paralegal to: Ste en D. Stambaugh, Esquire I.D. # 64338 Attorney for Pla;ntiffs 14 West King Street PO Box 1389 York, PA 17405.1389 (717) 854.3836 ?' N U t i. . _ }! ? ??. ? F ? ? 5? fi:?? G?' _L :-1i7 tit CV iil[Y t: ?`? ? Oi ' J CJ SHERIFF'S RETURN - REGULAR CASE NO: 1999-06962 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEISEY PHILIP ET AL VS. GREENWAY JOHN CHRISTOPHER HAROLD WEARY , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon GREENWAY JOHN CHRISTOPHER the defendant, at 19:30 HOURS, on the 27th day of October , 1999 at 100 SUNSET DRIVE CARLISLE PA 17013 CUMBERLAND , County, Pennsylvania, by handing to MELANIE GREENWAY (MOTHER) 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 answers- Docketing 18.00 Service 3.10 ;00 P Affidavit .00 , Surcharge 8.00 $$ R. Illomas _11 OK/L BARE & ASSOCIATES by ULY 5 Sworn and subscribed to before me this 10 E day of ?Cteca ricer 19 cl A.D. ?-Pla?naflaraYy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHILIP HEISEY and APRIL HEISEY, NO. 99.6462 Civil Term as husband and wife, Plaintiffs, CIVIL ACTION - LAW VS. JOHN CHRISTOPHER GREENWAY, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Barbara A. Vottero, of the law firm of FRANKEL, BARE & ASSOCIATES, attorneys for Plaintiffs, do hereby certify that I am this day serving a copy of the foregoing Notice of Taking Deposition of John C. Greenwey upon the counsel of record in the following manner. BY REGULAR MAIL: Christopher Knight, Esquire NEALON & GOVER 301 Market Street, 9th Floor P.O. Box 865 Harrisburg, PA 17108 FRANKEL BARE S ASSOCIATES Date: January i , 2000 ATTORNEYS AT LAW IA WEST RING STREET IRR PENNSYLVANIA ITAO, FRANKEL, BARE & ASSOCIATES .' I?rc , 11.11 1 e ( l )li-1 a A .? Barbara A. Vottero, legal assistant to: Steven D. Stambaugh, Esquire I.D. # 64338 Attorney for Plaintiffs 14 West King Street PO Box 1389 York, PA 17405.1389 (717) 854-3836 N tr . 7C.. ice. AI 4 C? C' rj lJ 1 PHILIP HEISEY and APRIL HEISEY, hlw Plaintiffs V. JOHN CHRISTOPHER GREENWAY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6462 CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, comes the Defendant, John Christopher Greenway, by and through his attorneys, NEALON & GOVER, P.C., and avers as follows in response to the Plaintiffs' Complaint: 1. Admitted, upon information and belief. 2. Admitted. 3. Admitted. 4. Admitted, upon information and belief. 5. Admitted. 6-7. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in these paragraphs. Strict proof thereof is demanded at trial. COUNTI - NEGLIGENCE PHILIP HEISEY v. JOHN CHRISTOPHER GREENWAY 8. Paragraphs 1-7 above are incorporated herein by reference as if fully set forth at length. 9-10. Admitted in part and denied in part. It is admitted that the Defendant, John C. Greenway, was the operator of the stated vehicle at the stated time and place and that his vehicle came in contact with a vehicle in which Plaintiff, Philip Halsey, was a passenger. The remaining averments contained in these paragraphs are denied pursuant to Pa. R.C.P. 1029(e). 11-12. Denied as stated. By way of further answer, it is admitted that the negligence of the Defendant, John C. Greenway, was the sole cause of the motor vehicle accident in question. 13-14. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in these paragraphs. Strict proof of same is therefore demanded at trial. COUNT II - LOSS OF CONSORTIUM APRIL HEISEY v. JOHN CHRISTOPHER GREENWAY 20. Paragraphs 1-19 above are incorporated herein by reference as if fully set forth at length. 21. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph. Strict proof of same is therefore demanded at trial. WHEREFORE, Defendant respectfully requests this Honorable Court to enter judgment in his favor and against the Plaintiffs. Respectfully submitted, NEALON 8 GOVER By: James G ep on, III, Esquire Attorney I.D./#46457 Christopher J. Knight, Esquire Attorney I.D. #80058 301 Market Street, 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 VERIFICATION I, John Christopher Greenway, verify that the statements made in the foregoing Answer is true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unswom falsification to authorities. Dated: 17-Al" - ----------- d .I wY s _ Sr.ERYIFI ATF nG ce AND NOW, this 22nd day of February, 2000,1 hereby certify that I have j, served the foregoing Answer to Complaint on the following by depositing a true and correct copy of same In the United Stales mails, postage prepaid, addressed to: Steven D. Stambaugh, Esoulre FRANKEL, BARER ASSOCIATES 14 West King Street PO lox 1389 York, PA 17405-1389 Christopher . Knight, Es ulre Dated: 2/22/00 0 r r FO Eli I`• , C14 s 1 til.• .l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHILIP HEISEY and APRIL HEISEY, NO. 99-6462 Civil Term as husband and wife, Plaintiffs, CIVIL ACTION - LAW VS. JOHN CHRISTOPHER GREENWAY, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Rachelle L. Seeds, of the law firm of FRANKEL, BARE & ASSOCIATES, attorneys for Plaintiffs, do hereby certify that 1 am this day serving a copy of the foregoing Plaintiffs' Supplemental Answers to Interrogatories and Requests for Production of Documents upon the counsel of record in the following manner. BY REGULAR MAIL: James G. Nealon, III, Esquire NEALON & GOVER 301 Market Street, 9th Floor P.O. Box 865 Harrisburg, PA 17108 FRANKEL BARE d ASSOCIATES ATTORNEYS AT LAW IA WEST MINE STREET YORK RNNSYLVANIA IJAOI Date: June ??, 2000 FR KEL, BARE & ASSOCIATES r-z Q?? Rathelle L. Seeds; Paralegal to: Steven D. Stambaugh, Esquire I.D. # 64338 Attorney for Plaintiffs 14 West King Street PO Box 1389 York, PA 17405-1389 (717) 854-3836 N >4 l_ ti ENTERED AONNSE!== ATTORNEY, FRANKEL. BARE Sc ASSOCIATES WE 00 HEREBY CERTIFY THAT,'. ATTORNEYS AT LAW THE WITHIN IS A TRUE AND COR. . ?STREET 1 RE NOON 'THE ORIGINAL 14 WEST ? KING YORK, PENfES EVER A 17401 APR F 72001 ATTORNEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I PHILIP HEISEY and APRIL HEISEY, as husband and wife, Plaintiffs, VS. JOHN CHRISTOPHER GREENWAY, Defendant NO. 99-6462 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED STIPULATION TO WITHDRAW PRAECIPE TO LIST FOR ARBITRATION AND NOW come the Plaintiffs, Philip Halsey and April Heisey, by and through their counsel, Steven D. Stambaugh, Esquire, and the Defendant, John Christopher Greenway, by and through his counsel, Christopher Knight, Esquire, hereby stipulate and agree that the above-captioned case shall be removed from AEbitration. FRANKEL. BARE 6 ASSOCIATES ATTORNEYS AT LAW 14 WEST KING STREET YORK PENNSYLVANIA 17401 rmb h, Esquire C" hristophe Knight, Esquire r PI ' if9fs Attorney for Defendant ruw? ?'; TlAYCr ' (JTA,9Y : r, DI AP730 PH 2:07 PEVNSYLVA141A PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PR7THONDTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) ( x ) for JURY trial at the next term of civil court. ( ) for trial without a jury. ----------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) Philip Heisey and April Heisey (x ) Civil Action - Law ( ) Appeal from Arbitration (other) (Plaintiff) VS. John Christopher Greenway Vs. (Defendant) The trial list will be called on and August 14, 2001 Trials co::mence on September 10, 2001 Pretrials will be held on August 22, 2001 (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No 99-6462 Civil Term 19 99 Indicate the attorney who will try case for the party A)o files this praecipe: Steven D Stambaugh, Esquire, 14 West King Street, P.O. Box 1389, York PA 17405 Indicate trial counsel for other parties if known: Christopher Knight, Esquire, 301 Market Stret, 9th Floor, P.O. Box 865, Harrisburg, PA 17108 This case is ready for trial. Signed:. Print Na Date: bIay 22, 2001 Attorney /or, I Plaintiffs Esquire Y} o' y{i r? l ?. w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHILIP HEISEY and APRIL HEISEY, NO. 99.6462 Civil Term as husband and wife, Plaintiffs, CIVIL ACTION - LAW VS. FRANKEL. BARE a ASSOCIATES ATTORNEYS AT LAW IA WEST MIND STREET TORN PENNSYLVANIA 17401 JOHN CHRISTOPHER GREENWAY, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Rachelle L. Seeds, of the law firm of FRANKEL, BARE & ASSOCIATES, attorneys for Plaintiffs, do hereby certify that I am this day serving a copy of the foregoing Praecipe for Listing Case for Trial upon the counsel of record in the following manner. BY REGULAR MAIL: Christopher Knight, Esquire NEALON & GOVER 301 Market Street, 9th Floor P.O. Box 865 Harrisburg, PA 17108 FRANKEL, BARE & ASSOCIATES Date: Mayr L,1 ' 2001 /Lt e fiat efi flag a s, Paralegal to: Steven D. Stambaugh, Esquire I.D. k 64338 Attorney for Plaintiffs 14 West King Street PO Box 1389 York, PA 17405-1389 (717) 854-3836 ,r q C P I ,a FM ,r y f e' -4c 7. Philip Hciscy and April Hciscy V John Christopher Grccnway : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6462 CIVIL TERM ORDER OF COURT AND NOW, August 14, 2001, by agreement of counsel, the above captioned case is hereby continued from the September 10, 2001 trial tern. Counsel is directed to relist the case when ready. By the Court, Gc 'c o cr, .J. Steven D. Stambaugh, Esquire For the Plaintiff Christopher Knight, Esquire For the Defendant Court Administrator CO (? iw ma ,1?a ,y ? tt a ' HE B 'NOTIFIEDTO FILE EN - RESPONSE, TO THE FRANKEL, BARE Q ASSOCIATES { WENTY 1[01 DAUB ?F^^OM - ATTORNEYS AT LAW WE 00 HER 10Y CEATIfI HERfOi: OR A JUD0VIONT THE WITHIN 18?A TRUE Al TEREO AGAINST YOV 14 WIEST 10N0 STREET RECT COPY OF THE 0 YORK. PENNSYLVANIA 17401 FME THI[ACTION W ;, An RNEr V. ATTORNEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHILIP HEISEY and APRIL HEISEY, NO. 99-6462 Civil Term as husband and wife, Plaintiffs, CIVIL ACTION - LAW VS. JOHN CHRISTOPHER GREENWAY, Defendant JURY TRIAL DEMANDED PRA ECIPE TO SATISFY TO THE PROTHONOTARY: Please mark the above captioned case settled and satisfied and discontinued. TES If I Date:(, FRANKEL. BARE III ASSOCIATES ATTORNEYS AT LAW 14 WEST VINO STREET YORK PENNSYLVANIA 17401 I.Dt ?6438 Att me for Pie intifI 14 West King Street P.O. Box 1389 York, PA 17405-1389 (717) 854-3836 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHILIP HEISEY and APRIL HEISEY, NO. 99-6462 Civil Term as husband and wife, Plaintiffs, VS. CIVIL ACTION - LAW JOHN CHRISTOPHER GREENWAY, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Rachelle L. Seeds, of the law firm of FRANKEL, BARE & ASSOCIATES, attorneys for Plaintiffs, do hereby certify that I am this day serving a copy of the foregoing Praecipe to Satisfy upon the counsel of record in the following manner. BY REGULAR MAIL: Christopher Knight, Esquire NEALON & GOVER 2411 North Front Street Harrisburg, PA 17110 FRANKEL, BARE & ASSOCIATES Date: May 2002 ?' fip a a ee s; ar fega o: Steven D. Stambaugh, Esquire I.D. k 64338 Attorney for Plaintiffs FRANKEL. BARE a 14 West King Street PO Box 1389 ASSOCIATES York, PA 17405-1389 ATTORNEYS AT LAW (717) 854-3836 It WEST [6T KING STREET YORK.•LNNSYLVANIA 17401 a Fr i e5 O Z?