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HomeMy WebLinkAbout07-1868 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION STINE, Plaintiff File No. ?? 1 PL d 1. t V t L 6 V. E,Y C. SCOVILLE, Defendant PRAECIPE FOR WRIT OF SUMMONS THE PROTHONOTARY/CLERK OF SAID COURT: Writ of Summons shall be issued and forwarded to Attorney. Respectfully Submitted, ANSTINE & SPARLER Anstine & Sparler A70-EYSAt L- 3 0`7 By: 0?1'-- P William B. Anstine 117 East Market Street York, PA 17401 (717) 846-8811 I.D. No. 07351 ?4. c ? V r C f- , 73 ,6 - ! ? _ a w ZO SUMMONS IN CIVIL ACTION Anstine & Sparler a??F?AZt?w Montgomery C. Scoville 806 Navagators Way Edgewater, Florida 32141 ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN :)N AGAINST YOU. Prothono /C erk, C: iv' ion /IA-%t L Li Deputy ORIGINAL KENDRA STINE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1868 Civil Term V. CIVIL ACTION - LAW MONTGOMERY C. SCOVILLE, Defendant JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of Defendant, Montgomery C. Scoville, in the above-captioned case. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: S14 bq -z BY: ST I ZWJ. BARCAVAGE, ESQUIRE YD. No. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3506 Attorneys for Defendant Montgomery C. Scoville 1440, _? 14 CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this (b4\ day of May, 2007, I served a true and correct copy of the Entry of Appearance, via U.S. first-class mail, postage pre-paid, as follows: William B. Anstine, Esquire ANSTINE & SPARLER 117 East Market Street York, PA 17401 SUSAN M. WILLIAMS ??? ? ? ?, ., r, "'l? r ? i r' __ ? ... . _- G?ti _' L-_- ' ? --'? _ .`? .. ??, ?.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION KENDRA STINE, Plaintiff V. MONTGOMERY C. SCOVILLE, Defendant File No.: 07-1868 Civil Term RETURN OF SERVICE f? AND NOW TO WIT, this day of ?1?1--? comes the Plaintiff, Kendra Stine, by her attorneys Anstine & Sparler, files this Return of Service as follows: 1. Attached is the original return of receipt signed by the Defendant, Montgomery Scoville of Edgewater, Florida and dated April 23, 2007, pursuant to Pennsylvania Rules of Civil Procedure 403, evidencing that service of the complaint was made on the Defendant in Florida. Anstine & Sparler Ai1pRNFYS AI LAW DATE: ' ?- /2., Zov7 Respectfully Submitted, I Jo n R. Elliott,`Esquire ne & Sparler Attorney ID No.: 50198 117 East Market Street York, Pennsylvania 17401 Phone: (717) 846-8811 6n&fzt. ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: onf'07 / g61? a?t&q krf -J eAkil, rWida A. u? gent X , ? Addressee B. Received by Date of Delivery fvle ?o??f ?' D. Is deliv Werent 17 ? Yes If YES, nter del d dress iqur ? No NA el ?0°? s 3P132 3. Service Type ? Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7002 0460 0002 7313 9570 (rrrtnsfer from service label) . PS Form 3 11, F 2004 Domestic Return Receipt 102NS-02-M-1540 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION KENDRA STINE, Plaintiff V. MONTGOMERY C. SCOVILLE, Defendant File No.: 07-1868 Civil Term CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the Return of Service by First Class mailing upon the person indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure § 440. Stephen J. Barcavage, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Dated: U11lo- Respectfully submitted, ANSTINE & SPA'RLER BY: *? V/ `11/ II {ohn R. EIllrftt, LsAuire 117 E. Market Street York, PA 17401 (717)846-8811 I.D. No. 50198 Attorney for Plaintiff Anstine & Sparler Anomver-L- "rs t=i: i r --i ITT rt f j. ." ORIGINAL KENDRA STINE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1868 Civil Term V. CIVIL ACTION - LAW MONTGOMERY C. SCOVILLE, Defendant JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule upon the Plaintiff to file a Complaint within twenty (20) days hereof or suffer judgment non pros. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: 0 %l b q BY: % HEN J. BARCAVAGE, ESQUIRE D. No. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3506 Attorneys for Defendant Montgomery C. Scoville CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this tVday of June, 2007, I served a true and correct copy of the Praecipe for Rule to File a Complaint, via U.S. first-class mail, postage pre-paid, as follows: William B. Anstine, Esquire ANSTINE & SPARLER 117 East Market Street York, PA 17401 L ?) LU'A Vkl? SUSAN M. WILLIAMS r' KENDRA STINE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1868 Civil Term V. CIVIL ACTION - LAW MONTGOMERY C. SCOVILLE, Defendant JURY TRIAL DEMANDED RULE AND NOW, this ae lay of Ju-k, 19- _, 2007, upon consideration of the foregoing Praecipe, a Rule is hereby issued upon the Plaintiff, Kendra Stine, to file a Complaint within twenty (20) days or suffer judgment of non pros. BY THE PROTHONOTARY: SEAL r-? ?? ? -r -r't __ ?y ?' _,:?,?, ..y-; .?: .., ?.? l . " i-J ?} 4 40 ORIGINAL KENDRA STINE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1868 Civil Term V. : CIVIL ACTION - LAW MONTGOMERY C. SCOVILLE, Defendant JURY TRIAL DEMANDED NOTICE OF SERVING DISCOVERY TO THE PROTHONOTARY: Please take notice that Defendant, Montgomery C. Scoville, served Interrogatories and Request for Production of Documents addressed to Plaintiff, Kendra Stine, pursuant to the Pennsylvania Rules of Civil Procedure, by mail, postage prepaid, on the 19+V\ day of 2007. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: to 1 ?" l p BY: 'X? ST HEN J. BARCAVAGE, ESQUIRE I.D. No. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3506 Attorney for Defendant, Montgomery C. Scoville 0 w CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 11*K day of June, 2007, I served a true and correct copy of the Notice of Serving Discovery, via U.S. first-class mail, postage pre-paid, as follows: John R. Elliott, Esquire ANSTINE & SPARLER 117 East Market Street York, PA 17401 SUSAN M. WILLIAMS v Q a -rz -v fir? c_ rnr=; MM 9 rs IZ? rn ?" C? N ? [ 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION KENDRA STINE, Plaintiff File No.: 07-1868 Civil Term V. MONTGOMERY C. SCOVILLE, Defendant NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by an attorney and filing in writing with the Court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Associ4tion 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 Anstine & Sparler AUI EY Ai LAw IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION KENDRA STINE, Plaintiff File No.: 07-1868 Civil Term V. MONTGOMERY C. SCOVILLE, Defendant AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las pfiginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibi6 la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra.. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificaci6n por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA LISTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O 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 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 I Anstine & Sparler ATTORNEYS AT LAw IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION KENDRA STINE, Plaintiff File No. 07-1868 Civil Term V. MONTGOMERY C. SCOVILLE, Defendant COMPLAINT AND NOW TO WIT, this day of July, 2007, comes the Plaintiff, Kendra Stine, by her attorneys, Anstine & Sparler, who files this Complaint as follows: 1. The Plaintiff, Kendra Stine, is an adult individual, who resides at 2 Strohm Road, Shippensburg, PA 17257. 2. The Defendant, Montgomery C. Scoville, is an adult individual, whose last known address is 806 Navigators Way, Edgewater, Florida 32141. 3. On or about June 3, 2005, at approximately 3:30 PM the', Plaintiff, Kendra Stine, was a front seat passenger in a vehicle being driven by Julie Gries. Said vehicle was traveling in an eastbound direction on Walnut Bottom Road, in South Middleton Township, Cumberland County, Pennsylvania near the intersection of Greenview Drive. ASp rler AUORNE6A!Llw 4. At the same time and place the Defendant was operating' a 2004 Dauphin motor home in the westbound lane of Walnut Bottom Road. 5. At the time and place above stated the Defendant did attempt to make a left hand turn onto Greenview Drive, when he crossed the Plaintiff s lane of travel and resulting in a violent collision with the Plainitffs vehicle resulting in injuries to the Plaintiff, which are more fully set forth below. 6. The collision was solely the result of the Defendant's negligence as follows: (a) Failure to yield to oncoming traffic when making a left hand turn in violation of 75 Pa CSA §3322. (b) Driving in a careless manner. 75 Pa CSA §3714. (c) Driving in a reckless or wanton manner. 75 Pa CSA §3736. (d) Failing to observe oncoming traffic. (e) Failure to operate a motor vehicle in a sale manner upon public roadways. 7. Solely as a result of the Defendant's negligence, the Plaintiff has suffered the following injuries, including but not limited to: (a) Cervical strain; (b) Lumbar strain; (c) Pain radiating from her back into her legs; (d) Aggravation and acceleration of pre-existing asymptomatic conditions such as arthritic changes; (e) Damage to nerves and nervous system. Anstine & Sparler AnORNev5ArL- 8. Solely as a result of the Defendant's negligence, the Plaintiff has incurred substantial medical expenses and will in the future incur additional expenses which may and will exceed other sources of benefits available to the Plaintiff. 9. Solely as a result of the Defendant's negligence, the Plaintiff has been forced to endure extreme pain and suffering and a loss of many if the pleasures of life, and such suffering will continue into the future. 10. Solely as a result of the Defendant's negligence, the Plaintiff has and will in the future incur additional financial expenditures and losses which may or will exceed the amounts she may otherwise be entitled to recover. WHEREFORE, Plaintiff asks this Honorable Court to grant judgment in her favor and against the Defendant in an amount in excess of $50,000 plus costs and interest as allowed by law. Respectfully submitted, o R. Elliott A-fistine & Sparler 117 E. Market St. York, PA 17401 (717) 846-8811 I.D. No. 50198 Date: 1 I) of b q ASp Yl r AUORNM Ai LAW VERIFICATION I, Kendra Stine, hereby verify the facts as set forth in the'foregoing Complaint, as being true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. en a Stine ' Date:la / Anstine & Sparler Anamersnrlaw C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION KENDRA STINE, Plaintiff V. MONTGOMERY C. SCOVILLE, Defendant File No.: 07-1868 Civil Term CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the enclosed Complaint by First Class mailing upon the person indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure § 440. Stephen J. Barcavage, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite IB Harrisburg, PA 17112 Dated: ?OU Respectfully submitted, ANSTINE & SPARLER BY:- k oI- ohn R. Elliott, Esquire 1 I E. Market Street York, PA 17401 (717)846-8811 I.D. No. 50198 Attorney for Plaintiff `q Spa 1 er AUI EYSArLtw r-a l c ? -Yl i _ 79 ORIGINAL KENDRA STINE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1868 Civil Term V. CIVIL ACTION - LAW MONTGOMERY C. SCOVILLE, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Kendra Stine, Plaintiff c/o John R. Elliott, Esquire ANSTINE & SPARLER 117 East Market Street York, PA 17401 You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: $?hjbq BY: Jr1 J. BARCAVAGE, ESQUIRE I. No. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3506 Attorneys for Defendant Montgomery C. Scoville KENDRA STINE, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1868 Civil Term CIVIL ACTION - LAW MONTGOMERY C. SCOVILLE, Defendant JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT, MONTGOMERY C. SCOVILLE, TO PLAINTIFF'S COMPLAINT AND NOW comes Defendant, Montgomery C. Scoville, by and through his counsel, Marshall, Dennehey, Warner, Coleman & Goggin, and files this Answer to Plaintiffs Complaint and in support thereof states as follows: 1. Admitted in part; denied in part. It is admitted that Plaintiff is who she says she is. All remaining allegations are denied and strict proof thereof is demanded at the time of trial. 2. Admitted in part; denied in part. It is admitted that Montgomery C. Scoville is a Defendant. The remaining averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). 3. Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth and veracity of the averments set forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P. 1029(c) and strict proof thereof is demanded at the time of trial. 4. Admitted. 5. Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth and veracity of the averments set forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P. 1029(c) and strict proof thereof is demanded at the time of trial. By way of further answer, the averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). 6.(a) - (e). Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth and veracity of the averments set forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P. 1029(c) and strict proof thereof is demanded at the time of trial. By way of further answer, the averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). 7.(a) - (e). Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth and veracity of the averments set forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P. 1029(c) and strict proof thereof is demanded at the time of trial. By way of further answer, the averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). 8. Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth and veracity of the averments set forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P. 2 1029(c) and strict proof thereof is demanded at the time of trial. By way of further answer, the averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). 9. Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth and veracity of the averments set forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P. 1029(c) and strict proof thereof is demanded at the time of trial. By way of further answer, the averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). 10. Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient- information to form a belief as to the truth and veracity of the averments set forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P. 1029(c) and strict proof thereof is demanded at the time of trial. By way of further answer, the averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). WHEREFORE, Defendant, Montgomery C. Scoville, respectfully requests judgment in his favor and against the Plaintiff, together with such other costs this Honorable Court deems appropriate. NEW MATTER 11. Plaintiff has failed to state a cause of action against Defendant upon which relief can be granted. 12. Plaintiffs claims are barred and/or limited by all applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 13. No act or omission on the part of Defendant was a substantial or contributing factor in bringing about Plaintiffs alleged injuries and/or damages, all such injuries and/or damages being expressly denied. 14. Any and all injuries and or damages as described by Plaintiff in her Complaint, the same being expressly denied, were caused in whole or in part by the acts or omissions on the part of Plaintiff and/or others over whom Defendant had no control nor right of control. 15. Plaintiffs claims are derivative in nature and are barred as a matter of law. 16. Defendant breached no duty of care owed to Plaintiff under the circumstances. 17. Plaintiffs claims are barred and/or limited by the Pennsylvania Comparative Negligence Act. 18. Plaintiffs claims are barred and/or limited by the applicable provisions of the Pennsylvania Worker's Compensation Act. 19. At all times material hereto, Defendant acted in a safe, legal and non-negligent manner. 20. Plaintiffs claims are barred by the defenses listed in Pa.R.C.P. 1030. 4 WHEREFORE, Defendant, Montgomery C. Scoville, respectfully requests judgment in his favor and against the Plaintiff, together with such other costs this Honorable Court deems appropriate. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: BY: HEN J. BARCAVAGE, ESQUIRE I.D. No. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3506 Attorneys for Defendant Montgomery C. Scoville 5 VERIFICATION The undersigned hereby verifies that the statements in the foregoing Answer with New Matter to Plaintiffs 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 the defense of this lawsuit. The language of the Answer with New Matter to Plaintiffs Complaint is that of counsel and not my own. I have read the Answer with New Matter to Plaintiffs Complaint, and to the extent that it is 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 of the Answer with New Matter to Plaintiffs Complaint are that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. BY: ` r 4J?7m-ixJ, M NT Y SCOVILLE DATE: CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this q*h day of August, 2007, I served a true and correct copy of the Answer with New Matter of Defendant, Montgomery C. Scoville, to Plaintiffs Complaint, via U.S. first-class mail, postage pre-paid, as follows: John R. Elliott, Esquire ANSTINE & SPARLER 117 East Market Street York, PA 17401 ?L ? . AL A pj??\ SUSAN M. WILLIAMS C7 *v c? ? ? ; ?, .'; ?p ? C;1 _ " r t£_? ? ?_ `, ?„ C.F? L .} [ t 7 '-5 f..,T C7"'? -< ORIGINAL KENDRA STINE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. MONTGOMERY C. SCOVILLE, Defendant JULIE L. GRIES, NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street V. : NO. 07-1868 Civil Term : CIVIL ACTION -LAW Additional Defendant : JURY TRIAL DEMANDED Carlisle, PA 17013 (717) 249-3166 800-990-9108 AVISO USTED HA SIDO DEMANDADO A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 800-990-9108 KENDRA STINE, MONTGOMERY C. SCOVILLE, Defendant : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-1868 Civil Term CIVIL ACTION - LAW V. JULIE L. GRIES, Additional Defendant JURY TRIAL DEMANDED JOINDER COMPLAINT AGAINST ADDITIONAL DEFENDANT. JULIE L. GRIES 1. Additional Defendant, Julie L. Gries, is an adult individual, who at all times relevant hereto resided at 10 Ivory Lane, Shippensburg, Pennsylvania. 2. Plaintiff, Kendra Stine, filed a Complaint in the Court of Common Pleas of Cumberland County on or about July 20, 2007. (A true and correct copy of Plaintiffs Complaint is attached hereto and identified as Exhibit "A"). 3. Defendant, Montgomery S. Scoville, filed an Answer with New Matter denying any and all allegations of negligence and/or liability in the Court of Common Pleas of Cumberland County on or about August 7, 2007. (A true and correct copy of Defendant's Answer with New Matter to Plaintiffs Complaint is attached hereto and identified as Exhibit «B„ 4. Plaintiff's Complaint alleges personal injuries sustained by Kendra Stine, a passenger in a motor vehicle operated by Julie L. Gries, as a result of a collision which occurred on June 3, 2005 in Cumberland County, Pennsylvania. 5. Following the closure of pleadings in this case, additional theories of liability and causation for Plaintiff s injuries have been discovered by moving Defendant, Montgomery C. Scoville. COUNT I. NEGLIGENCE Montgomery C. Scoville v. Julie L. Gries 6. Paragraphs 1 through 5 above are incorporated herein by reference as though fully set forth at length herein. 7. Additional Defendant, Julie L. Gries, was operating a motor vehicle in which Plaintiff, Kendra Stine, was riding as a passenger at the time of the collision with the vehicle operated by Defendant, Montgomery C. Scoville, on June 3, 2005. 8. Plaintiff, Kendra Stine, alleges in her Complaint that Defendant, Montgomery C. Scoville, while attempting to make a left hand turn onto Greenview Drive, crossed the Plaintiffs lane of travel resulting in a collision with Plaintiffs vehicle. 9. Defendant, Montgomery C. Scoville, denies that he negligently crossed the Plaintiffs lane of travel resulting in a collision with Plaintiffs vehicle. 2 10. Additional Defendant, Julie L. Gries, owed a duty to Plaintiff, Kendra Stine, to operate her vehicle in a safe and non-negligent manner, so as to avoid collision and causing injury. 11. All losses, injuries and/or resulting damages sustained by the Plaintiff, the same being expressly denied on behalf of Defendant, as described by the Plaintiff in her Complaint, were caused by the carelessness and/or negligence of Additional Defendant, Julie L. Gries, as follows: (a) Through investigation, it has become apparent that Julie L. Gries contributed to or caused the subject accident of this litigation by failing to operate her vehicle with due regard for the rights, safety, well-being and position of her passenger, Kendra Stine, and Defendant driver, Montgomery C. Scoville; (b) Through investigation, it has become apparent that Julie L. Gries contributed to or caused the subject accident of this litigation by failing to maneuver her vehicle appropriately to avoid striking the vehicle operated by Montgomery C. Scoville; (c) Through investigation, it has become apparent that Julie L. Gries contributed to or caused the subject accident of this litigation by failing to have her vehicle under proper and adequate control so as to avoid an accident and avoid striking the vehicle operated by Defendant, Montgomery C. Scoville; (d) Through investigation, it has become apparent that Julie L. Gries contributed to or caused the subject accident of this litigation by failing to keep an appropriate lookout and obey the rules of the road, thereby causing a collision with the vehicle driven by Defendant, Montgomery C. Scoville; 3 (e) Through investigation, it has become apparent that Julie L. Gries contributed to or caused the subject accident of this litigation by failing to maintain proper control of her vehicle; (f) Through investigation, it has become apparent that Julie L. Gries contributed to or caused the subject accident of this litigation by negligently, carelessly and/or recklessly applying the brakes and maneuvering her vehicle so as to cause a collision with the vehicle operated by Defendant, Montgomery C. Scoville, and; (g) Through investigation, it has become apparent that Julie L. Gries contributed to or caused the subject accident of this litigation by negligently operating her vehicle so as to lose control and cause the collision/accident with the vehicle operated by Defendant, Montgomery C. Scoville. 12. Additional Defendant, Julie L. Gries, is solely, exclusively, and/or contributorily responsible for any alleged damages, the same being expressly denied as set forth in Plaintiff's Complaint and no act or failure on behalf of Defendant, Montgomery C. Scoville, caused or contributed to the occurrence of any damage or event alleged in Plaintiff's Complaint. 13. This Additional Defendant Complaint is filed to protect Defendant's rights to contribution in the event it is judicially determined that Defendant, Montgomery C. Scoville, is jointly and/or severally liable to Plaintiff, the existence of any liability on the part of Defendant hereby being expressly denied. WHEREFORE, Defendant, Montgomery C. Scoville, demands judgment in his favor and against the Plaintiff or in the alternative, demands that Additional Defendant, Julie L. Gries, be 4 found solely liable to the Plaintiff, Kendra Stine, or jointly and severally liable with Defendant, and liable over to Defendant for contribution and/or indemnity. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: g 4D1 BY: JFEpHF BARCAVAGE, ESQUIRE I. No. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3506 Attorneys for Defendant Montgomery C. Scoville VERIFICATION The undersigned hereby verifies that the statements in the foregoing Joinder Complaint Against Additional Defendant, Julie L. Gries, is based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of the defense of this lawsuit. The language of the Joinder Complaint is that of counsel and not my own. I have read the Joinder Complaint, and to the extent that it is 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 of the Joinder Complaint are that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. BY: MO G RY C. SCOVILLE DATE: ?n?`dl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION KENDRA STINE, Plaintiff File No.: 07-1868 Civil Term V. MONTGOMERY C. SCOVILLE, Defendant NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by an attorney and filing in writing with the Court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 ,nstine & Sparler Arzoan[n,v Uw IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION KENDRA STINE, Plaintiff File No.: 07-1868 Civil Term V. MONTGOMERY C. SCOVILLE, Defendant AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar acci6n dentro de veinte (20) dias a partir de la fecha en que recibi6 la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificaci6n por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensaci6n reclamados por el Demandante. USTED PUEDE PERDER D1NERO, 0 PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA LISTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED 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 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 L Sparc er IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION KENDRA STINE, Plaintiff File No. 07-1868 Civil Term V. MONTGOMERY C. SCOVILLE, Defendant COMPLAINT AND NOW TO WIT, this day of July, 2007, comes the Plaintiff, Kendra Stine, by her attorneys, Anstine & Sparler, who files this Complaint as follows: 1. The Plaintiff, Kendra Stine, is an adult individual, who resides at 2 Strohm Road, Shippensburg, PA 17257. 2. The Defendant, Montgomery C. Scoville, is an adult individual, whose last known address is 806 Navigators Way, Edgewater, Florida 32141. 3. On or about June 3, 2005, at approximately 3:30 PM the Plaintiff, Kendra Stine, was a front seat passenger in a vehicle being driven by Julie Gries. Said vehicle was traveling in an eastbound direction on Walnut Bottom Road, in South Middleton Township, Cumberland County, Pennsylvania near the intersection of Greenview Drive. gnstine & Sparler Anown vLnw 4. At the same time and place the Defendant was operating a 2004 Dauphin motor home in the westbound lane of Walnut Bottom Road. 5. At the time and place above stated the Defendant did attempt to make a left hand turn onto Greenview Drive, when he crossed the Plaintiff's lane of travel and resulting in a violent collision with the Flainitff's vehicle resulting in injuries to the Plaintiff, which are more fully set forth below. 6. The collision was solely the result of the Defendant's negligence as follows: (a) Failure to yield to oncoming traffic when making a left hand turn in violation of 75 Pa CSA §3322. (b) Driving in a careless manner. 75 Pa CSA §3714. (c) Driving in a reckless or wanton manner. 75 Pa CSA §3736. (d) Failing to observe oncoming traffic. (e) Failure to operate a motor vehicle in a safe manner upon public roadways. 7. Solely as a result of the Defendant's negligence, the Plaintiff has suffered the following injuri es, including but not limited to: (a) Cervical strain; (b) Lumbar strain; (c) Pain radiating from her back into her legs; (d) Aggravation and acceleration of pre-existing asymptomatic conditions such as arthritic changes; (e) Damage to nerves and nervous system. 1 Spalr ±n0-11"L+- Solely as a result of the Defendant's negligence, the Plaintiff has incurred substantial medical expenses and will in the future incur additional expenses which may and will exceed other sources of benefits available to the Plaintiff. 9. Solely as a result of the Defendant's negligence, the Plaintiff has been forced to endure extreme pain and suffering and a loss of many if the pleasures of life, and such suffering will continue into the future. 10. Solely as a result of the Defendant's negligence, the Plaintiff has and will in the future incur additional financial expenditures and losses which may or will exceed the amounts she may otherwise be entitled to recover. WHEREFORE, Plaintiff asks this Honorable Court to grant judgment in her favor and against the Defendant in an amount in excess of $50,000 plus costs and interest as allowed by law. Respectfully submitted, lliott Sparler 117 E. Market St. York, PA 17401 (717) 846-8811 I.D. No. 50198 Date: gnstine & Sparler Anomversa Law VERIFICATION I, Kendra Stine, hereby verify the facts as set forth in the foregoing Complaint, as being true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. endra Stine Date: 4nstine & Sparler IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION KENDRA STINE, Plaintiff File No.: 07-1868 Civil Term V. MONTGOMERY C. SCOVILLE, Defendant CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the enclosed Complaint by First Class mailing upon the person indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure § 440. Stephen J. Barcavage, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Dated: * W b ? Respectfully submitted, ANSTINE & SPARLER BY: I l,? o6 R. Elliott, Esquire 1 17 7 E. Market Street York, PA 17401 (717)846-8811 I.D. No. 50198 Attorney for Plaintiff q Spa & ANOAWV$AI LAW ?x?-\ 1131 KENDRA STINE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1969 Civil Term V. CIVIL ACTION - LAW MONTGOMERY C. SCOVILLE, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Kendra Stine, Plaintiff c/o John R. Elliott, Esquire ANSTINE & SPARLER 117 East Market Street York, PA 17401 You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: Fj jbr( BY: J. BARCAVAGE, ESQUIRE IFN-!!?79867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3506 Attorneys for Defendant Montgomery C. Scoville KENDRA STINE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1868 Civil Term V. CIVIL ACTION - LAW MONTGOMERY C. SCOVILLE, Defendant JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT, MONTGOMERY C. SCOVILLE, TO PLAINTIFF'S COMPLAINT AND NOW comes Defendant, Montgomery C. Scoville, by and through his counsel, Marshall, Dennehey, Warner, Coleman & Goggin, and files this Answer to Plaintiffs Complaint and in support thereof states as follows: Admitted in part; denied in part. It is admitted that Plaintiff is who she says she is. All remaining allegations are denied and strict proof thereof is demanded at the time of trial. 2. Admitted in part; denied in part. It is admitted that Montgomery C. Scoville is a Defendant. The remaining averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). 3. Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth and veracity of the averments set forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P. 1029(c) and strict proof thereof is demanded at the time of trial. 4. Admitted. 5. Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth and veracity of the averments set forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P. 1029(c) and strict proof thereof is demanded at the time of trial. By way of further answer, the averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with PaR.C.P. 1029(e). 6.(a) - (e). Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth and veracity of the averments set forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P. 1029(c) and strict proof thereof is demanded at the time of trial. By way of further answer, the averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). 7.(a) - (e). Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth and veracity of the averments set forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P. 1029(c) and strict proof thereof is demanded at the time of trial. By way of further answer, the averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the avennents set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth and veracity of the averments set forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P. 2 1029(c) and strict proof thereof is demanded at the time of trial. By way of further answer, the averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). 9. Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth and veracity of the averments set forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P. 1029(c) and strict proof thereof is demanded at the time of trial. By way of further answer, the averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). 10. Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth and veracity of the averments set forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P. 1029(c) and strict proof thereof is demanded at the time of trial. By way of further answer, the avenments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). WHEREFORE, Defendant, Montgomery C. Scoville, respectfully requests judgment in his favor and against the Plaintiff, together with such other costs this Honorable Court deems appropriate. NEW MATTER 11, Plaintiff has failed to state a cause of action against Defendant upon which relief can be granted. 12. Plaintiffs claims are barred and/or limited by all applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 13. No act or omission on the part of Defendant was a substantial or contributing factor in bringing about Plaintiffs alleged injuries and/or damages, all such injuries and/or damages being expressly denied. 14. Any and all injuries and or damages as described by Plaintiff in her Complaint, the same being expressly denied, were caused in whole or in part by the acts or omissions on the part of Plaintiff and/or others over whom Defendant had no control nor right of control. 15. Plaintiffs claims are derivative in nature and are barred as a matter of law. 16. Defendant breached no duty of care owed to Plaintiff under the circumstances. 17. Plaintiffs claims are barred and/or limited by the Pennsylvania Comparative Negligence Act. 18. Plaintiffs claims are barred and/or limited by the applicable provisions of the Pennsylvania Worker's Compensation Act. 19. At all times material hereto, Defendant acted in a safe, legal and non-negligent manner. 20. Plaintiffs claims are barred by the defenses listed in Pa.R.C.P. 1030. 4 WHEREFORE, Defendant, Montgomery C. Scoville, respectfully requests judgment in his favor and against the Plaintiff, together with such other costs this Honorable Court deems appropriate. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: $ '110'1 BY: HEN J. BARCAVAGE, ESQUIRE I.D. No. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3506 Attorneys for Defendant Montgomery C. Scoville VERIFICATION The undersigned hereby verifies that the statements in the foregoing Answer with New Matter to Plaintiffs 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 the defense of this lawsuit. The language of the Answer with New Matter to Plaintiffs Complaint is that of counsel and not my own. I have read the Answer with New Matter to Plaintiffs Complaint, and to the extent that it is 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 of the Answer with New Matter to Plaintiffs Complaint are that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. BY: ? . M NT Y . SCOVILLE DATE: CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this rL*h day of August, 2007, I served a true and correct copy of the Answer with New Matter of Defendant, Montgomery C. Scoville, to Plaintiffs Complaint, via U.S. first-class mail, postage pre-paid, as follows: John R. Elliott, Esquire ANSTINE & SPARLER 117 East Market Street York, PA 17401 SUSAN M. WILLIAMS CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this t4* day of August, 2007, I served a true and correct copy of the Joinder Complaint Against Additional Defendant, Julie L. Gries, via U.S. first-class mail, postage pre-paid, as follows: John R. Elliott, Esquire ANSTINE & SPARLER 117 East Market Street York, PA 17401 SUSAN M. WILLIAMS r R- ?? ? C,:.:7 =t t ?._.? .^'? ?-? -yam ?, ` ?j t t? --r Y -- ? i i"1 ,. Zr r?.? 4k - ASp rl & AnooEnxLAW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION KENDRA STINE, Plaintiff File No. 47-1868 Civil Tenn V. MONTGOMERY C. SCOVILLE, Defendant 11. Denied. It is Beni Defendant. To the contrary, PI negligence. 12. Denied. It is deni Vehicle Financial Responsibility 1 13. Denied. It is deni contributed to the Plaintiff s inj directly by the Defendant's negli 14. Denied. It is deni Plaintiff or others. To the con Defendant's negligence. 15. Denied. Defen responsive pleading is required. c..._r c: --? ?? cn C°] 0 i t:) that Plaintiff failed to state a cause of action against the Lfs Complaint clearly states a cause of action of that Plaintiffs claims are barred by Pennsylvania Motor tw. Strict proof is demanded at trial. that no act or failure to act on the part of the Defendant s. To the contrary, the Plaintiffs injuries were caused l that the Plaintiffs injuries or damages were caused by Plaintiffs injuries were caused directly by the 's New Matter 15 states a legal conclusion to which no trict proof of the same is demanded at trial. 16. Denied. It is dei Plaintiff. To the contrary, Defe proximately caused Plaintiffs i 17. Denied. It is deh Pennsylvania Comparative Neg solely and wholly by Defendan 18. Denied. Defend case since the Plaintiff was not was working at the time of the 19. Denied. It is dej non-negligent manner. To the 4 and his negligence was a direct 20. Denied. It is dej the Pa. R.C.P. 1030. To the co stated. that Defendant breached no duty of care owed to the .it was negligent and Defendant's negligence directly and d that Plaintiff's claims are barred and/or limited by the ence Act. To the contrary, Plaintiff's injuries were caused negligence. ;'s allegation in number 18 clearly has no bearing on this ?rking at the time of the accident, nor did Plaintiff allege she ident. The same is therefore denied. d that the Defendant at all times acted in a safe, legal and ?trary, Defendant operated his vehicle in a negligent manner d proximate cause of Plaintiff s injuries. d that Plaintiffs claims are barred by the defenses listed in pry, Plaintiff's claims are permitted under the statute as Respectfully submitted, UPTIlAf Date: fyio J hY R. Elliott Anstine & Sparler 117 E. Market St. York, PA 17401 (717) 846-8811 I.D. No. 50198 A Sparler AnOW?SAdAw {I VERIFICATION I, Kendra. Stine, hereby verify the facts as set forth in the foregoing Plaintifrs Response to Defendant's New Matter, a being true and correct. I understand that false statements herein are made subject to the authorities. of 18 Pa.C.S. Section 4904 relating to unworn falsification to en Stine Date: I - ASpalr ATFORWY ANL4w YhJ C^ r 07317027 ORIGINAL COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KENDRA STINE VS. PLAINTIFF/S COURT OF COMMON PLEAS MONTGOMERY C. SCOVILLE DEFENDANT/S NO. 07-1868 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 CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE THE SUBPOENA WITH A COPY OF THE SUBPOENA ATTACHED THERETO WAS MAILED OR DELIVERED TO EACH PARTY AT LEAST TWENTY DAYS PRIOR TO THE DATE ON WHICH THE SUBPOENA IS SOUGHT TO BE SERVED, (2) A COPY OF THE NOTICE OF INTENT, INCLUDING THE PROPOSED SUBPOENA, IS ATTACHED TO THIS CERTIFICATE (3) NO OBJECTION TO THE SUBPOENA HAS BEEN RECEIVED, AND (4) THE SUBPOENA THAT WILL BE SERVED IS IDENTICAL TO THE SUBPOENA WHICH IS ATTACHED TO THE NOTICE OF INTENT TO SERVE THE SUBPOENA. DATE: 9/10/07 S J. BARCAVAGE, ESQ. TTORNEY FOR DEFENDANT 21237-00460 t COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KENDRA STINE VS. PLAINTIFF/S COURT OF COMMON PLEAS MONTGOMERY C. SCOVILLE DEFENDANT/S NO. 07-1868 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: JOHN R. ELLIOTT, ESQ. ANSTINE & SPARLER 117 E. MARKET ST. YORK PA 17401 ATTORNEY(S) FOR PLAINTIFF 07317027 12/25/07 DEFENDANT INTENDS TO SERVE A SUBPOENA IDENTICAL TO THE ONE THAT IS ATTACHED TO THIS NOTICE TO THE DEPONENT/S LISTED BELOW, REQUESTING RECORDS BE PRODUCED AT RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., PHILADELPHIA, PA 19103. YOU HAVE TWENTY (20) DAYS FROM THE DATE LISTED BELOW IN WHICH TO FILE OF RECORD AND SERVE UPON THE UNDERSIGNED AND RECORD COPY SERVICES (215-241-5858), AN OBJECTION TO THE SUBPOENA. IF NO OBJECTION IS MADE THE SUBPOENA/S MAY BE SERVED. KEYSTONE HEALTH CENTER MILTON S. HERSHEY MEDICAL CENTER ORTHOPEDIC DEPARTMENT CARLISLE REGIONAL MEDICAL CENTER CUMBERLAND VALLEY PAIN MANAGEMENT P.C. WALNUT BOTTOM RADIOLOGY ASSOC. THE CHAMBERSBURG HOSPITAL DATE: 8/01/07 STEPHEN J. BARCAVAGE, ESQ. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 CRUMS MILL RD. HARRISBURG PA 17112 ATTORNEY(S) FOR DEFENDANT XN 07317027 12/25/07 MUM OF KENDRA STINE Vs. MONTGOMERY C. SCOVILLE Court of Common Pleas 07-1868 File No. FOR D1SOONERY PURSUANT TO R M 4009.22 MEDICAL RECORDS DEPARTMENT CARLISLE REGIONAL MEDICAL CENTER 361 ALEXANDER SPRING RD. TO: CARLISLE PA 17015-9129 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order camps11 irg you to ca, 1y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF TW FOLLOWING PERSON: NAME : STEPHEN J. BARCAVAGE, ESQ . ADDRESS: TELEPHONE: FOR INFORMATION: 21 241-5858 SUPREME COURT I D # ATTORNEY FOR: DEFENDANT DATE : _J?( . 1,3, a49? Se of the Court ISSUED ON: 9/10/07 BY TW COLT : Prothonotary/ , Civil Division Deputy (Eff. 7/97) XN 07317027 12/25/07 iWFALTEi OF p?3a•1SYLV7'A COUNTY OF QED ?T KENDRA STINE File No. VS. MONTGOMERY C. SCOVILLE Court of Common Pleas 07-1868 SUBpa s To PROOLIOE Docu EMS OR TH I NGS FOR D I SOONERY PUtSUWWT TO RULE 4009.22 MEDICAL RECORDS DEPARTMENT THE CHAMBERSBURG HOSPITAL 112 N. SEVENTH ST. TO: CHA14BERSBURG PA 17201 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., 9-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this wjbpoena within twenty (20) days after its service, the party serving this subpoera way seek a court order o«rI I1ing you to ca, ly with it. THIS SUBPOENA WAS ISSI AT THE REQUEST OF THE FOLLOWING PERSON: NAME. STEPHEN J. BARCAVAGE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215 -5858 SUPREME COURT ID 0 ATTORNEY FOR: DEFENDANT DATE:( SeV of the Court ISSUED ON: 9/10/07 BY THE COURT: Prothonotary/Cl , Civil Division Deputy (Eff. 71/97) N 07317027 12/25/07 C mmnNwrALTH OF PIINNMVANTA C== OF, QUID r KENDRA STINE Vs. MONTGOMERY C. SCOVILLE File No. Court of Common Pleas 07-1868 SUBPOENA TO PRODUCE DOCt.MMS OR THiN3S FOR D1900MERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF WALNUT BOTTOM RADIOLOGY ASSOC. 850 WALNUT BOTTOM RD. TO: CARLISLE PA 17013 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of cxmp1iance, 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 rmy seek a court order comps 11 i rg you to comp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAJ'E : STEPHEN J. BARCAVAGE, ESQ . ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SUPREME COURT ID # ATTORNEY FOR: DEFENDANT 7 DATE: ---Soy 17 of the Court ISSUED ON: 9/10/07 BY THE COURT : &,-&- , ? e 4 ed ?? Prothonotary/C1 , Civil Division Deputy (Eff. 7/97) NO. 07-1868 ADDENDUM TO SUBPOENA 07317027 12/25/07 KENDRA STINE VS. MONTGOMERY C. SCOVILLE SEE ATTACHED ADDENDUM PERTAINING TO KENDRA S. STINE (2 STROHM ROAD, SHIPPENSBURG, PA, DOB 08/23/84, SSN 206-64-6812). rnmmr* WFALTH OF PENN' VNMk COEWrY OF QR +l» KENDRA STINE Vs. File No. MONTGOMERY C. SCOVILLE N 2%25/07 Court of Common Pleas 07-1868 SUBPOENA TO PRODUCE DOMM NTS OR 7H1N13S FOR D I SOOWERY PURSIJANT TO M9 4009.22 CUSTODIAN OF THE RECORDS OF MILTON S. HERSHEY MEDICAL CENTER ORTHOPEDIC DEPARTMENT TO: 500 UNIVERSITY DR. P.O. BOX 850 Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party malting 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 ccmI 11 ir:g you to ca. 1y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: STEPHEN J. BARCAVAGE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 StJPRE E COURT I D # ATTORNEY FOR: DEFENDANT DATE : /3 aW7 Se of the Oast ISSUED ON: 9/10/07 BY THE COURT: Prothonotary/ erk, Civil Division lo, Deputy (Eff. 1/97) NO. 07-1868 ADDENDUM TO SUBPOENA 07317027 12/25/07 KENDRA STINE VS. MONTGOMERY C. SCOVILLE SEE ATTACHED ADDENDUM PERTAINING TO KENDRA S. STINE (2 STROHM ROAD, SHIPPENSBURG, PA, DOB 08/23/84, SSN 206-64-6812). Jul-31-01 11.12 From-MDWC&G 111-651-9630 T-232 P-003/003 F-400 PAGE 2 OF 2 Instructions for MEDICAL records: Any and all medical records, including, but not limited to, inpatient records, outpatient records, physical therapy records, rehab records, surgical records, lab reports, x-ray films, MRIs, CT scans, or other diagnostic testing performed, together with all diagnostic reports, medical reports, notes, memoranda, correspondence and medical bills concerning Kendra S. Stine, Date of Birth: 8123184; Social Security No. 208-64-8812. 17 07317027 12/25/07 rnwx*&qRu-TH OF PP1RUS'YI.VAI+IIA C X3M OF C[1GMERIAtD KENDRA STINE vs. . MONTGOMERY C. SCOVILLE Court of Common Pleas 07-1868 File No. SUBPOENA TO PRODUCE DOMMWTS . OR THE i NGS FOR D I BGONERY KNUAN'1' TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF KEYSTONE HEALTH CENTER 820 FIFTH AVE. TO: CHAMBERSBURG PA 17201 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the carat to produce the following documents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, . (Address) You may deliver or mail legible copies of the docxrr:ents or produce things requested by this subpoena, together with the certificate of 00.1 iance, 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 rmy seek a court order ccmI 11 irg you to cam1y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: STEPHEN J. BARCAVAGE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SUPREME OOUtT ID # ATTORNEY FOR: DEFENDANT DATE :_? of the court ISSUED ON: 9/10/07 BY THE COURT : 4'r"4- -'e .ono Prothonotary/C , Civil Division ?tY (Eff. 1/97) NO. 07-1868 ADDENDUM TO SUBPOENA 07317027 12/25/07 KENDRA STINE VS. MONTGOMERY C. SCOVILLE SEE ATTACHED ADDENDUM PERTAINING TO KENDRA S. STINE (2 STROHM ROAD, SHIPPENSBURG, PA, DOB 08/23/84, SSN 206-64-6812). Jul-31-07 11,42 From-OWCO TIT-651-9630 T-232 P.003/003 F-400 PAGE 2 OF 2 ins rructio r MEDICAL records: Any and all medical records, including, but not limited to, inpatient records, outpatient records, physical therapy records, rehab records, surgical records, lab reports, x-ray films, MRls, CT scans, or other diagnostic testing performed, together with all diagnostic reports, medical reports, notes, memoranda, correspondence and medical bills concerning Kendra S. Stine, Date of Birth: 8/23184; Social Security No. 208-&1-6812. A 07317027 12/25/07 pa+tCV ,LTH OF pg?E?1SYLVANIA coum OF C[ irD KENDRA STINE Vs. MONTGOMERY C. SCOVILLE File No. Court of Common Pleas 07-1868 SUBPOENA TO PRO= QQQMM OR TH I NESS FOR DlSOOIVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF CUMBERLAND VALLEY PAIN MANAGEMENT P.C. 5 TYLER CT. TO: CARLISLE PA 17015 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of ca, liance, 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 welling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOE-LOW INO PERSON: NAPE: STEPHEN J. BARCAVAGE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215 241-5858 SUPREME COURT 1D # ATTORNEY FOR: DEFENDANT DATE : /33 AW Sea of the Court ISSUED ON: 9/10/07 BY THE COURT: ?sr &1?6- 'e_zgftg Prothonotary/C1 , Civil Division Deputy (Eff. T/97) NO. 07-1868 ADDENDUM TO SUBPOENA 07317027 12/25/07 KENDRA STINE VS. MONTGOMERY C. SCOVILLE SEE ATTACHED ADDENDUM PERTAINING TO KENDRA S. STINE (2 STROHM ROAD, SHIPPENSBURG, PA, DOB 08/23/84, SSN 206-64-6812). Jul-31-07 11;12 From-MMUG TIT-651-9630 T-232 P.003/003 F-400 PAGE 2 OF 2 Ingructi©nsor MEDICAL records: Any and all medical records, Including, but not limited to, inpatient records, outpatient records, physical therapy records, rehab records, surgical records, lab reports, x-ray films, MR19, CT scans, or other diagnostic testing performed, together with all diagnostic reports, medical reports, notes, memoranda, correspondence and medical bills concerning Kendra S. Stine, Date of Birth: 8123184; Social Security No. 206-64-6812. CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on thish day of September, 2007, I served a true and correct copy of the Certificate-Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22, via U.S. first-class mail, postage pre-paid, as follows: John R. Elliott, Esquire ANSTINE & SPARLER 117 East Market Street York, PA 17401 2", P, Ld?. SUSAN M. WILLIAMS n ? ' ? ? 'i ' " . ? ? y ` " L N rv? j n 1 ? ?.: ?, ? c? ? < ? ? h ?? ? t.1 f ORIGINAL KENDRA STINE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-1868 Civil Term MONTGOMERY C. SCOVILLE, Defendant CIVIL ACTION - LAW V. JULIE L. GRIES, Additional Defendant JURY TRIAL DEMANDED PRAECIPE TO REINSTATE JOINDER COMPLAINT AGAINST ADDITIONAL DEFENDANT, JULIE L. GRIES TO THE PROTHONOTARY.- Kindly reinstate Defendant's Joinder Complaint against Additional Defendant, Julie L. Gries, which was originally filed on August 15, 2007. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: ?b?,D wl BY: QL==== S HEN J. BARCAVAGE, ESQUIRE . No. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3506 Attorneys for Defendant Montgomery C. Scoville f CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ti's day of September, 2007, I served a true and correct copy of the Praecipe to Reinstate Joinder Complaint Against Additional Defendant, Julie L. Gries, via U.S. first-class mail, postage pre-paid, as follows: John R. Elliott, Esquire ANSTINE & SPARLER 117 East Market Street York, PA 17401 "A 44 SUSAN M. WILLIAMS rn -0 r? 07HB-00141 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Additional Defendant, Julie L. Gries KENDRA STINE, PLAINTIFF VS. MONTGOMERY C. SCOVILLE, DEFENDANT VS. JULIE L. CRIES, ADDITIONAL. DEFENDANT " IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-1868 CIVIL ACTION- LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Additional Defendant, Julie L. Gries. The Additional Defendant reserves the right to otherwise plead in this matter. Respectfully submitted, Date: October 24, 2007 Attorney for Additional Defendant Identification No. 39126 0, . 07HB-00141 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Additional Defendant, Julie L. Gries KENDRA STINE, PLAINTIFF VS. MONTGOMERY C. SCOVILLE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-1868 VS. JULIE L. GRIES, ADDITIONAL DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Additional Defendant herein, and that he caused a true and correct copy of the attached Entry of Appearance to be served by regular first class mail upon: John R. Elliott, Esquire Anstine & Sparler 117 East Market Street York, PA 17401 Attorney for Plaintiff Stephen J. Barcavage, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Attorney for Defend n ,4ntgomery C. Scoville Date: October 24, 2007 Donald %?Dorer, Esquire Attorney for Additional Defendant r- I rQ? Cil ti cc SHERIFF'S RETURN - REGULAR 'CASE NO: 2007-01868 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STINE KENDRA VS SCOVILLE MONTGOMERY C RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT JOINING ADDL was served upon GRIES JULIE L the ADD'TL DEFEND. , at 1137:00 HOURS, on the 11th day of October , 2007 at 10 IVY LANE SHIPPENSBURG, PA 17257 by handing to JULIE GRIES a true and attested copy of COMPLAINT JOINING ADDL together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 17.28 Affidavit .00 Surcharge 10.00 /ollfIt .00 V33.28 Sworn and Subscibed to before me this day So Answers: -?. ,;; 0 0 eA14 ? , ? I I R. Thomas Kline 10/17/2007 MARSHALL DENNEHEY WARNER By: Deputy Sheriff of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-01868 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STINE KENDRA VS SCOVILLE MONTGOMERY C R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named ADD'TL DEFEND. , to wit: GRIES JULIE L but was unable to locate Her deputized the sheriff of FRANKLIN serve the within COMPLAINT JOINING ADDL County, Pennsylvania, to On October 18th , 2007 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: So answers: Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Franklin Co 20.00 Sheriff of Cumberland County Postage 2.33 59.33 ? io f3+)0,1 10/17/2007 MARSHALL DENNEHEY WARNER Sworn and subscribe to before me this day of in his bailiwick. He therefore 7 A. D. y In The Court of Common Pleas of Cumberland County, Pennsylvania Kendra Stine VS Montgomery C. Scoville VS. Julie L. Gries No. 07-1868 civil Now, August 17, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. / Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, , 20 , at o'clock M. served the within upon at by handing to a and made known to copy of the original the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this day of , 20 COSTS SERVICE $ MILEAGE AFFIDAVIT SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-00172 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN KENDRA STINE VS JULIE L GRIES ROBERT WOLLYUNG according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: GRIES JULIE L but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT , NOT FOUND , as to the within named DEFENDANT n , Sheriff who being duly sworn , GRIES JULIE L 10 IVORY LANE SHIPPENSBURG, PA 17257 CORRECT ADDRESS IS IVY LANE LOCATED IN CUMBERLAND COUNTY. Sheriff's Costs: So a ers: Docketing .00 Service .00 Affidavit .00 R ERT WOLLYUNG Surcharge .00 ROBERT WOLLYUNG, Sheri f .00 .00 MARSHALL DENNEHEY WARNER COLEM 09/17/2007 Sworn and subscribed to before me I this p day A.D. Nnl-arv -? Notariai Seal Richard D. McCarty, Notary Pubic Chambersburp Boro, Fmddin Courdy My Canminion Expires Jan. 29, 2011 M is ORIGINAL MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Stephen J. Barcavage, Esquire ID# 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Our File No. 21237-00460 Attorney for Defendant, Montgomery C. Scoville KENDRA STINE, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA MONTGOMERY C. SCOVILLE, Defendant V. JULIE L. GRIES, Additional Defendant : NO. 07-1868 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF SERVING DI§COVERY TO THE PROTHONOTARY: Please take notice that Defendant, Montgomery C. Scoville, served Interrogatories and Request for Production of Documents addressed to Additional Defendant, Julie L. Gries, pursuant to the Pennsylvania Rules of Civil Procedure, by mail, postage prepaid, on the day of November, 2007. MARSHALL,, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: jjjZjDn BY: apz - S HEN J. BARCAVAGE, ESQUIRE attorney for Defendant, Montgomery C Scoville a " CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this t?-1 day of November, 2007, I served a true and correct copy of the Notice of Serving Discovery, via U.S. first-class mail, postage pre- paid, as follows: John R. Elliott, Esquire ANSTINE & SPARLER 117 East Market Street York, PA 17401 Donald R. Dorer, Esquire Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 SUSAN M. WILLIAMS ;RF v° m " L rn 07HB-00141 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Additional Defendant, Julie L. Gries KENDRA STINE, PLAINTIFF VS. MONTGOMERY C. SCOVILLE, DEFENDANT VS. JULIE L. CRIES, ADDITIONAL DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-1868 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO JOINDER COMPLAINT AGAINST ADDITIONAL DEFENDANT, JULIE L. GRIES 1. Denied. By way of further statement, Additional Defendant, Julie L. Gries, is an adult individual residing at 10 Ivy Lane, Shippensburg, Pennsylvania. 2. Admitted as stated. 3. Admitted as stated. 4. Admitted as stated. 5. Paragraph 5 sets forth a conclusion of law to which no response is required. Should any of the allegations contained therein be deemed factual in nature, said allegations are denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Additional Defendant, Julie L. Gries, respectfully requests your Honorable Court to dismiss the Joinder Complaint Against Additional Defendant, Julie L. Gries, with prejudice. 6. Paragraphs 1 through 5 are incorporated herein by reference, and made a part hereof as if set forth in full. 7. Admitted. 8. Admitted as stated. 9. Paragraph 9 sets forth a conclusion of law to which no response is required. Should any of the allegations contained therein be deemed factual in nature, said allegations are denied pursuant to Pa. R.C.P. 1029(e). 10.-11. Denied. Paragraphs 10 and 11 of Plaintiff s Complaint are generally denied pursuant to Pa. R.C.P. §1029(e). 12.43. Paragraphs 12 and 13 set forth a conclusion of law to which no response is required. Should any of the allegations contained therein be deemed factual in nature, said allegations are denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Additional Defendant, Julie L. Gries, respectfully requests your Honorable Court to dismiss the Joinder Complaint Against Additional Defendant, Julie L. Gries, with prejudice. 2 NEW MATTER 14. Paragraphs 1 through 13 are incorporated herein by reference, and made a part hereof as if set forth in full. 15. The claims of Defendant, Montgomery C. Scoville's claims may be barred, in whole or in part, by virtue of a Joint Tortfeasor Release executed by Plaintiff, Kendra Stine, on August 17, 2005 attached hereto as Exhibit "A", and incorporated by reference as if more fully set forth herein. WHEREFORE, Additional Defendant, Julie L. Gries, respectfully requests your Honorable Court to dismiss the Joinder Complaint Against Additional Defendant, Julie L. Gries, with prejudice. Date: November 14, 2007 Respectfully submitted, LA?V OFFICE OF SNYD R & DORER R 1 J Donald R. Dorer, Esq re Attorney for Additional Defendant Identification No. 39126 3 07HB-00141 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Additional Defendant, Julie L. Gries KENDRA STINE, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. MONTGOMERY C. SCOVILLE, DEFENDANT 'NO. 07-1868 VS. JULIE L. GRIES, ADDITIONAL DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION DONALD R. DORER, ESQUIRE, hereby states that he is the attorney for the Additional Defendant in this action, and is authorized to verify that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Date: _ November 14, 2007 Donald R. Dorer, Esciftire Attorney for Additional Defendant, Julie L. Gries Court I.D. 39126 JOINT TORTFEASORS RELEASE All Men by these presents that the undersigned, Being of legal age, for and in consideration of the payment of Dollars $-/j /,dtl d? by (hereiriaYier ielerred to as"IFelea°sees') the receipt of which is hereby acknowledged, has/have released and discharged, and by this Release do for myself/ourselves, my/our heirs, executors, administrators and assigns, forever release and discharge the said Releasees from all claims, damages, actions and suits of whatsoever kind, known or unknown, prior to and including the date hereof, and particularly for all injuries to person or damage to property, know or unknown, resolution from or to result from an accident which occu don or aljput the 43 i?.d me day Qf gU ;110 -ji% 75 , at or near Should it appear that two or more persons or entities are Jointly or severally.liable for the said injuries to person or damage to property resulting from or arising out of said accident, the consideration for this Release shall be received in complete satisfaction and to the full extent of the fault of the said Releasees, as ultimately determined under the law and for which the said Releasees are ultimately found liability. UWe specifically reserve all claims and causes of action arising out of the above-mentioned accident against all other tortfeasors. It is further agreed that by this Release the undersigned reduce(s) my/our damages recoverable against the other tortfeasors to the extent of the percentage of negligence or responsibility assessed against the Releasees. The payment made to me is upon my/our warranty that Uwe have not received heretofore any consideration whatsoever for, nor have Uwe released heretofore any person, firm or corporation from, any claim or liability for any injuries to person of property arising from said accident, and Uwe agree to hold harmless any indemnify the said Releasees and their insurance carrier of any from any loss, claim, liability, cost or expense arising out of any claim against them or either of them for contribution by any alleged joint tortfeasors under the Uniform Contribution Among Tortfeasors Act or the Comparative Negligence Act of Pennsylvania. It is understood that this Release and any payment made pursuant thereto is a compromise settlement and not an admission of legal liability by the Releasees and is not be construed as such, the Releasees expressly denying said liability and this settlement being made merely to avoid the. expenses of litigation. It i? further understood and agreed that I am responsible for the payment of any lien or changes against the settlement sum, including but not limited to Worker's Compensation liens, liens of the Department of Public Welfare or liens arising out of any other form of public assistance. Should any person or entity make a claim for payment of any liens or charges against the released parties, I hereby agree to indemnify and hold harmless the released parties, from any and all liens, charges, fees, attorney's fees, cost, interest and other sums. The undersigned have carefully read the foregoing Release and know the contents thereof, and are signing the same as my/our own free act. Uwe understand that the injuries sustained and the suffering and damages resulting therefrom may be uncertain and indefinite and that in making this Release and agreement it is understood and agreed that Uwe rely upon my/our agreement it is understood and agreed that Uwe rely upon my/our own beliefs and knowledge and that of physicians and other individuals whom Uwe may have consulted as to the nature, extent and duration of the symptoms and injuries. Uwe further intend to be legally bound by the promises herein contained. If this Release is executed by more than one person as Releasors, the obligation, responsibility and liability of each such person shall be joint and several. WITNESS my/our hand(s) and seal(s) this La day of WITNESSES: Notarial Seal (SE ) E Shelly Hu fman-Motarq publie Southampton Township, Franlc'in C^cn'y My Commission Expires f.' --'I DDRESS (SEAL) A / Name Address Applicable to Pennsylvania only: For your protection, Pennsylvania requires the following to appear on this forth: Any person who knowingly and with intent to injure or defraud any insurer files an applicable or claim containing false, incomplete or misleading information shall, upon conviction, be subject to imprisonment for up to seven years and payment of a fine of up to $15,000. 07HB-00141 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Additional Defendant, Julie L. Gries KENDRA STINE, PLAINTIFF VS. MONTGOMERY C. SCOVILLE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-1868 t; VS. JULIE L. CRIES, ADDITIONAL DEFENDANT e CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Additional Defendant herein, and that he caused a true and correct copy of the attached Answer to Joinder Complaint Against Additional Defendant, Julie L. Gries to be served by regular first class mail upon: John R. Elliott, Esquire Anstine & Sparler 117 East Market Street York, PA 17401 Attorney for Plaintiff Stephen J. Barcavage, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 , C. Scoville Date: November 14, 2007 / r--7x)Ponaiu x. i,ortr, rsquire Attorney for Additional Defendant C1 U ?Y ? l ' yV, :arm c-n fr j E GJ'i ORIGINAL COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KENDRA STINE PLAINTIFF/S VS. MONTGOMERY C. SCOVILLE DEFENDANT/S COURT OF COMMON PLEAS NO. 07-1868 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 10187043 AS A PREREQUISITE TO SERVICE OF A SUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDANT CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE THE SUBPOENA WITH A COPY OF THE SUBPOENA ATTACHED THERETO WAS MAILED OR DELIVERED TO EACH PARTY AT LEAST TWENTY DAYS PRIOR TO THE DATE ON WHICH THE SUBPOENA IS SOUGHT TO BE SERVED, (2) A COPY OF THE NOTICE OF INTENT, INCLUDING THE PROPOSED SUBPOENA, IS ATTACHED TO THIS CERTIFICATE (3) NO OBJECTION TO THE SUBPOENA HAS BEEN RECEIVED, AND (4) THE SUBPOENA THAT WILL BE SERVED IS IDENTICAL TO THE SUBPOENA WHICH IS ATTACHED TO THE NOTICE OF INTENT TO SERVE THE SUBPOENA. DATE: 11/23/07 EPHEN J. BARCAVAGE, ESQ. X TORNEY FOR DEFENDANT 21237-00460 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KENDRA STINE VS PLAINTIFF/S COURT OF COMMON PLEAS MONTGOMERY C. SCOVILLE DEFENDANT/S NO. 07-1868 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: JOHN R. ELLIOTT, ESQ. ANSTINE & SPARLER 117 E. MARKET ST. YORK PA 17401 ATTORNEY(S) FOR PLAINTIFF 10187043 12/25/07 DEFENDANT INTENDS TO SERVE A SUBPOENA IDENTICAL TO THE ONE THAT IS ATTACHED TO THIS NOTICE TO THE DEPONENT/S LISTED BELOW, REQUESTING RECORDS BE PRODUCED AT RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., PHILADELPHIA, PA 19103. YOU HAVE TWENTY (20) DAYS FROM THE DATE LISTED BELOW IN WHICH TO FILE OF RECORD AND SERVE UPON THE UNDERSIGNED AND RECORD COPY SERVICES (215-241-5858), AN OBJECTION TO THE SUBPOENA. IF NO OBJECTION IS MADE THE SUBPOENA/S MAY BE SERVED. CUMBERLAND VALLEY NEUROSURGICAL CONSULTANTS DR. DAVID C. BAKER, M.D. ORTHOPAEDIC & SPINE SPECIALISTS, P.C. DATE: 10/22/07 STEPHEN J. BARCAVAGE, ESQ. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 CRUMS MILL RD. HARRISBURG PA 17112 ATTORNEY(S) FOR DEFENDANT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ke-rvd e .afre1C. vs 101870,43 File No. 07-/4f n', o&,-tIa1heCY C- ?C o 0ti I L--- SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF ORTHOPAEDIC & SPINE SPECIALISTS, P.C. TO: 1855 POWDER MILL RD., YORK, PA 17402 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM PERTAINING TO: KENDRA S. STINE (2 STROHM RD., SHIPPENSBURG, PA, DOB 8/23/84, SSN 206-64-6812). at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD. S-300, PHILA. PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of carpliance, to the party making this ,equest at the address listed above. You have the right to seek in advance the reasonable .ost 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 xxnpe l l i ng you to carp l y with it. 'HIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: W E: STEPHEN J. BARCAVAGE, ESQ. ADDRESS: ELEPHONE: UPREhE COURT ID # TTORNEY FOR: DEFENDANT ATE : 06V act C;2? 17 Seal of the Court ISSUED ON: 11/23/07 BY THE COURT: a AAT Prothonotary/C1 Civil Division/ Deputy (Eff. 7/97) NO. 07-1868 ADDENDUM TO SUBPOENA 10187043 12/11/07 KENDRA STINE VS. MONTGOMERY C. SCOVILLE SEE ATTACHED ADDENDUM PERTAINING TO KENDRA S. STINE (2 STROHM ROAD, SHIPPENSBURG, PA, DOB 08/23/84, SSN 206-64-6812) Oct-la-OT 14:25 From-MMUG Instructions for MEDICAL records. TIT-651-9630 Any and all medical records, including, but not lim outpatient records, physical therapy records, reha records, lab reports, x-ray films, MRis, CT scans, testing performed, together with all diagnostic rep notes, memoranda, correspondence and medical S. Stine, Date of Birth; 8/23/84; Social Security No. other ts, m T-001 P-003/003 F-951 I I PAGE 2 OF 2 ih tient records, urgical nostic iI reports, ping Kendra 2. OF PENNSYLVANIA V, jnV'VilCAA " (2, 10187043 File No. 0?- 71Lk C / 7e-1,&t, SUBPOENA TO PRODUCE DOCU ENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF CUMBERLAND VALLEY NEUROSURGICAL TO: COUNTY OF CUMEEPJAM RLAND, PA 17201 (Name of person or Entity) Within twenty (20) days after service of this subpoena you are or 66 the court to produce the following documents or things: SEE ATTACHED ADDENDUM PER G?Yr KENDRA S. STINE (2 STROHM RD., SHIPPENSBURG, PA, DOB 8/23/84, SSN 206-6 - at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD: S-300, PHILADELPHIA. PA 1910' (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of carp l i ance, 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 xnmpe l l i ng you to carp l y with it. rHIS SUBPOENA WAS ISSUED AT THE REQUEST of THE FOLLOWING PERSON: DAME: STEPHEN J. BARCAVAGE, ESQ. ADDRESS: -ELEPHONE: 215 -2 - X PRENE COURT 1 D # ATTORNEY FOR: DEFENDANT BY THE COURT: ATE : OCZ 9 !VV 7 Seal of the"bourt ISSUED ON: 11/23/07 s /?. - 'e, Prothonotary/C 1 k, Civil D i v i s i on y.S Deputy (Eff. 7/97) NO. 07-1868 ADDENDUM TO SUBPOENA 10187043 12/11/07 KENDRA STINE VS. MONTGOMERY C. SCOVILLE SEE ATTACHED ADDENDUM PERTAINING TO KENDRA S. STINE (2 STROHM ROAD, SHIPPENSBURG, PA, DOB 08/23/84, SSN 206-64-6812) Oct-18-07 14:25 From-MMUG Instructions for MEDICAL records: T17-651-9630 Any and all medical records, including, but not lim outpatient records, physical therapy records, reha records, lab reports, x-ray films, MRis, CT scans, testing performed, together with all diagnostic rep notes, memoranda, correspondence and medical S. Stine, Date of Birth: 8/23/84; Social Security No. oth T-801 P.003/003 F-951 I I PAGE 2 OF 2 I p tlent records, urgical is nostic e is I reports, er ing Kendra - al _ ,COMMONWEALTH OF PENNSYLVANIA 00UNrY OF ;?'e?c,dRa St",vL Vs J'1 n cV f o m t-+r j 0. 5'O v"IlG 1U187U43 Fi le No. 07-/ 96 ? (_!;',, j e r/P.. SUBPOENA TO PRODUCE DOCUMENTS OR TH I NOS FOR DISODVERY PURSUANT TO-RULE 4009.22 CUSTODIAN OF THE RECORDS OF DR. DAVID C. BAKER, M.D. TO: 19 BROOKWOOD AVE. S-104, CARLISLE, PA 17015 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM PERTAINING TO: KENDRA S. STINE (2 STROHM RD., SHIPP N BURIG, , DOB 8/23/84, SSN 206-64-6812). at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD. S-300, PHILA. PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of carpliance, to the party making this -equest at the address listed above. You have the right to seek in advance the reasonable _ost 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 xmpe l l i ng you to carp l y with it. 'HIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: IAIME: STEPHEN J. BARCAVAGE, ESQ. ADDRESS: ELEPHONE : 215-241-5858 UPREhE COURT 1D # TTORNEY FOR: DEFENDANT ATE: - OLa? NZ ?' ?2 UU Seal of the Court ISSUED ON: 11/23/07 BY TI-E COURT : V. PdLa rothonotary/C erk , C i v i l Division/, C4"-' 61 Deputy (Eff. 7/97) NO. 07-1868 ADDENDUM TO SUBPOENA 10187043 12/11/07 KENDRA STINE VS. MONTGOMERY C. SCOVILLE SEE ATTACHED ADDENDUM PERTAINING TO KENDRA S. STINE (2 STROHM ROAD, SHIPPENSBURG, PA, DOB 08/23/84, SSN 206-64-6812) Oct-18-07 14:25 From-MDK&G Instructions for MEDICAL records: 717-651-9630 Any and all medical records, including, but not Urn outpatient records, physical therapy records, reha records, lab reports, x-ray films, MR1s CT scans, testing performed, together with all diagnostic rep notes, memoranda, correspondence and medical S. Stine, Date of Birth: 8/23/84; Social Security No. ed to reco T-801 P-003/003 F-951 I I PAGE 2 OF 2 i p tient records, urgical is nostic Is, rn is I reports, Is co er ing Kendra U - 81 . CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this aN?h day of November, 2007, I served a true and correct copy of the Certificate-Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22, via U.S. first-class mail, postage pre-paid, as follows: John R. Elliott, Esquire ANSTINE & SPARLER 117 East Market Street York, PA 17401 Donald R. Dorer, Esquire Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 _L .''lam. 3 ? .l,r u?.1 SUSAN M. WILLIAMS r, ?`.? ?... .?.? ?? ??? C?? ?? ?...,) --"a ? f11 ?..? 07HB-00141 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Additional Defendant, Julie L, Gries KENDRA STINE, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. MONTGOMERY C. SCOVILLE, DEFENDANT No. 07-1868 VS. JULIE L. CRIES, ADDITIONAL DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification to Answer to Joinder Complaint Against Additional Defendant, Julie L. Gries, for the attorney's Verification that had been filed with the Court on or about November 15, 2007. Date: December 17, 2007 B Respectfully submitted, LAW OFFICE OF R & DORER 1%6ald R. Dorbf, Esgdire-? Attorney for Additional Defendant Identification No. 39126 07HB-00141 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Additional Defendant, Julie L. Gries KENDRA STINE, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. MONTGOMERY C. SCOVILLE, DEFENDANT No. 07-1868 ? VS. JULIE L. GRIES, ADDITIONAL DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION I, Julie L. Gries, verify that the statements made in the foregoing Answer to Joinder Complaint Against Additional Defendant, Julie L. Gries which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the determination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsifications to authorities. Dated: Jul' Gries . 07BB-00141 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Additional Defendant, Julie L, Gries KENDRA STINE, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. MONTGOMERY C. SCOVILLE, DEFENDANT No. 07-1868 VS. JULIE L. CRIES, ADDITIONAL DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Additional Defendant herein, and that he caused a true and correct copy of the attached Praecipe to Substitute Verification to be served by regular first class mail upon: John R. Elliott, Esquire Anstine & Sparler 117 East Market Street York, PA 17401 Attorney for Plaintiff Stephen J. Barcavage, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, S ' e Harrisburg, PA 17112 Attgr-4g for Defen,Flant ont orrery C. Scoville Date: December 17, 2007 Donald R. lWrer, Esquire Attorney for Additional Defendant 4* 'Ct CD F - C! ? ; n ? . OD N QZ 0 A ORIGINAL IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA KENDRA STINE, V. MONTGOMERY C. SCOVILLE, Defendant V. NO. 07-1868 Civil Term CIVIL ACTION - LAW JULIE L. GRIES, Additional Defendant JURY TRIAL DEMANDED ANSWER OF DEFENDANT MONTGOMERY C. SCOVILLE TO NEW MATTER OF ADDITIONAL DEFENDANT JULIE L. GRIES AND NOW comes Defendant, Montgomery C. Scoville, by and through his counsel, Marshall, Dennehey, Warner, Coleman & Goggin, and files this Answer to New Matter of Additional Defendant, Julie L. Gries, and in support thereof states as follows: 14. Defendant incorporates by reference his Joinder Complaint as though set forth at length herein. 15. Denied. The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). WHEREFORE, Defendant, Montgomery C. Scoville, demands judgment in his favor and against the Plaintiff or in the alternative, demands that Additional Defendant, Julie L. Gries, be JA,' #1'- 420 s found solely liable to the Plaintiff, Kendra Stine, or jointly and severally liable with Defendant, and liable over to Defendant for contribution and/or indemnity. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: 124&1'b q BY: J. BARCAVAGE, ESQUIRE r rI.D. No. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3506 Attorneys for Defendant Montgomery C. Scoville 2 P t VERIFICATION The undersigned hereby verifies that the statements in the foregoing Answer of Defendant, Montgomery C. Scoville, to New Matter of Additional Defendant, Julie L. Gries, is based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of the defense of this lawsuit. The language of the Answer of Defendant, Montgomery C. Scoville, to New Matter of Additional Defendant, Julie L. Gries, is that of counsel and not my own. I have read the Answer of Defendant, Montgomery C. Scoville, to New Matter of Additional Defendant, Julie L. Gries, and to the extent that it is 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 of the Answer of Defendant, Montgomery C. Scoville, to New Matter of Additional Defendant, Julie L. Gries, are that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. BY: MONT E Y C. SCOVILLE DATE: CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman& Goggin, do hereby certify that on this _11' day of December, 2007, I served a true and correct copy of the Answer of Defendant, Montgomery C. Scoville, to New Matter of Additional Defendant, Julie L. Gries, via U.S. first-class mail, postage pre-paid, as follows: John R. Elliott, Esquire ANSTINE & SPARLER 117 East Market Street York, PA 17401 Donald R. Dorer, Esquire Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 SUSAN M. WIL LAMS C Fn r- C`- f ,,J C,} n7 N ORIGINAL COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KENDRA STINE VS. PLAINTIFF/S MONTGOMERY C. SCOVILLE VS. JULIE GRIES DEFENDANT/S COURT OF COMMON PLEAS NO. 07-1868 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 08188085 AS A PREREQUISITE TO SERVICE OF A SUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDANT CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE THE SUBPOENA WITH A COPY OF THE SUBPOENA ATTACHED THERETO WAS MAILED OR DELIVERED TO EACH PARTY AT LEAST TWENTY DAYS PRIOR TO THE DATE ON WHICH THE SUBPOENA IS SOUGHT TO BE SERVED, (2) A COPY OF THE NOTICE OF INTENT, INCLUDING THE PROPOSED SUBPOENA, IS ATTACHED TO THIS CERTIFICATE (3) NO OBJECTION TO THE SUBPOENA HAS BEEN RECEIVED, AND (4) THE SUBPOENA THAT.WILL BE SERVED IS IDENTICAL TO THE SUBPOENA WHICH IS ATTACHED TO THE NOTICE OF INTENT TO SERVE THE SUBPOENA. DATE: 9/16/08 S HEN J. BARCAVAGE, ESQ. TTOTTORNEY FOR DEFENDANT .:na.. ? i ? ? «. bal+? 21237-00460 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KENDRA STINE VS. PLAINTIFF/S COURT OF COMMON PLEAS MONTGOMERY C. SCOVILLE VS. JULIE GRIES DEFENDANT/S NO. 07-1868 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: JOHN R. ELLIOTT, ESQ. ANSTINE & SPARLER 117 E. MARKET ST. YORK PA 17401 ATTORNEY(S) FOR PLAINTIFF 08188085 12/25/08 DEFENDANT INTENDS TO SERVE A SUBPOENA IDENTICAL TO THE ONE THAT IS ATTACHED TO THIS NOTICE TO THE DEPONENT/S LISTED BELOW, REQUESTING RECORDS BE PRODUCED AT RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., PHILADELPHIA, PA 19103. YOU HAVE TWENTY (20) DAYS FROM THE DATE LISTED BELOW IN WHICH TO FILE OF RECORD AND SERVE UPON THE UNDERSIGNED AND RECORD COPY SERVICES (215-241-5858), AN OBJECTION TO THE SUBPOENA. IF NO OBJECTION IS MADE THE SUBPOENA/S MAY BE SERVED. DR. AMATUL KHALID, M.D. CHAMBERSBURG MEDICAL ASSOCIATES PHYSICAL MEDICINE & REHABILITATION SHIPPENSBURG HEALTH SERVICES DATE: 8/19/08 STEPHEN J. BARCAVAGE, ESQ. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 CRUMS MILL RD. HARRISBURG PA 17112 ATTORNEY(S) FOR DEFENDANT N 08188085 12/25/08 COMMONWERLTH OF PENNSYLVANIA COUNTY OF C[>MBEEMA D KENDRA STINE Vs. File No. MONTGOMERY C. SCOVILLE VS. JULIE GRIES Court of Common Pleas 07-1868 SUBPOENA TO PRODUCE DOCU EM OR THINGS FOR 01 SOOWERY PURSUANT TO RULE 4009 22 CUSTODIAN OF THE RECORDS OF DR. AMATUL KHALID, M.D. CHAMBERSBURG MEDICAL ASSOCIATES TO: 1988.SCOTLAND AVE. CHAMBERSBURG PA 17201 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, . (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of campliance, 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 s Y ubpoen3 within twenty (20) days after its service, the party serving this subpoena may seek a court order axrpe l l i r:g you to oa, l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: STEPHEN J. BARCAVAGE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: 241-5858 SUPREME COURT ID # ATTORNEY FOR: DEFENDANT DATE: K &47 Oil 2 Seal of th Court ISSUED ON: SEP 16 M BY THE C7 P'Y vi l Division Deputy (Eff. 1/97) NO. 07-1868 ADDENDUM TO SUBPOENA 08188085 12/25/08 KENDRA STINE VS. MONTGOMERY C. SCOVILLE VS. JULIE GRIES SEE ATTACHED ADDENDUM PERTAINING TO KENDRA S. STINE (2 STROHM RD., SHIPPENSBURG, PA, DOB 08/23/84, SSN 206-64-6812). A±aa-18-08 14:38 From-MDWUG ;TIT-651-9630 T-035 P-003/003 F-009 PAGE 2 OF 2 Instructions for MEDICAL Eeco gs: Any and all medical records, including, but not limited to, inpatient records, outpatient records, physical therapy records, rehab records, surgical records, lab reports, x-ray films, MRis, CT scans, or other diagnostic testing performed, together with all diagnostic reports, medical reports, notes, memoranda, correspondence and medical bills concerning Kendra S. Stine, Date of Birth: 8123184; Social Security No. 206-64-6812. N 08188085 12/25/08 rr&y4yiWFATss OF PEN1S"YI,VANIA COUNTY OF CLtSEREAM KENDRA STINE Vs. MONTGOMERY C. SCOVILLE VS. JULIE GRIES File No. Court of Common Pleas 07-1868 SUBPOENA TO PRODUCE QQgM NTS OR THINGS FOR DISOONERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF PHYSICAL MEDICINE & REHABILITATION SHIPPENSBURG HEALTH SERVICES TO: 46 WALNUT BOTTOM RD. SHIPPENSBURG PA 17257 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, . (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of care liance, 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 ccn-0el 1 ing you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: STEPHEN J. BARCAVAGE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: - 858 SUPREME COURT ID # ATTORNEY FOR: DEFENDANT DATE: Sea of the Court ISSUED ON: 16 ZOOS BY THE OOURT• Pro tart'! , ivil Division Deputy (Eff. 1/97) NO. 07-1868 ADDENDUM TO SUBPOENA 08188085 12/25/08 KENDRA STINE VS. MONTGOMERY C. SCOVILLE VS. JULIE GRIES SEE ATTACHED ADDENDUM PERTAINING TO KENDRA S. STINE (2 STROHM RD., SHIPPENSBURG, PA, DOB 08/23/84, SSN 206-64-6812). Au¢-S°-08 14:38 From-MMUG Instructions for MEDICAL ecr o ds: TIT-651-9630 T-035 P-003/003 F-009 PAGE 2OF2 Any and all medical records, including, but not limited to, inpatient records, outpatient records, physical therapy records, rehab records, surgical records, lab reports, x-ray films, MRis, CT scans, or other diagnostic testing performed, together with all diagnostic reports, medical reports, notes, memoranda, correspondence and medical bills concerning Kendra S. Stine, Date of Birth: 8/23184; Social Security No. 206-64-6812. CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this kq''+' day of September, 2008, I served a true and correct copy of the Certificate-Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22, via U.S. first-class mail, postage pre-paid, as follows: John R. Elliott, Esquire ANSTINE & SPARLER 117 East Market Street York, PA 17401 Donald R. Dorer, Esquire Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 N , N , SUSAN M. WILLIAMS C? o c ?rt CID ?n ? i.7 -r -."- Tt 09028001 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KENDRA STINE VS. PLAINTIFF/S MONTGOMERY C. SCOVILLE VS. JULIE GRIES DEFENDANT/S COURT OF COMMON PLEAS NO. 07-1868 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 CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE THE SUBPOENA WITH A COPY OF THE SUBPOENA ATTACHED THERETO WAS MAILED OR DELIVERED TO EACH PARTY AT LEAST TWENTY DAYS PRIOR TO THE DATE ON WHICH THE SUBPOENA IS SOUGHT TO BE SERVED, (2) A COPY OF THE NOTICE OF INTENT, INCLUDING THE PROPOSED SUBPOENA, IS ATTACHED TO THIS CERTIFICATE (3) NO OBJECTION TO THE SUBPOENA HAS BEEN RECEIVED, AND (4) THE SUBPOENA THAT WILL BE SERVED IS IDENTICAL TO THE SUBPOENA WHICH IS ATTACHED TO THE NOTICE OF INTENT TO SERVE THE SUBPOENA. DATE: 9/29/08 EPHEN J. BARCAVAGE, ESQ. ATTORNEY FOR DEFENDANT • 21237-00460 KENDRA STINE VS. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PLAINTIFF/S COURT OF COMMON PLEAS MONTGOMERY C. SCOVILLE VS. JULIE GRIES DEFENDANT/S NO. 07-1868 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: JOHN R. ELLIOTT, ESQ. ANSTINE & SPARLER 117 E. MARKET ST. YORK PA 17401 ATTORNEY(S) FOR PLAINTIFF 09028001 12/25/08 DEFENDANT INTENDS TO SERVE A SUBPOENA IDENTICAL TO THE ONE THAT IS ATTACHED TO THIS NOTICE TO THE DEPONENT/S LISTED BELOW, REQUESTING RECORDS BE PRODUCED AT RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., PHILADELPHIA, PA 19103. YOU HAVE TWENTY (20) DAYS FROM THE DATE LISTED BELOW IN WHICH TO FILE OF RECORD AND SERVE UPON THE UNDERSIGNED AND RECORD COPY SERVICES (215-241-5858), AN OBJECTION TO THE SUBPOENA. IF NO OBJECTION IS MADE THE SUBPOENA/S MAY BE SERVED. THE CHAMBERSBURG HOSPITAL DATE: 9/02/08 STEPHEN J. BARCAVAGE, ESQ. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 CRUMS MILL RD. HARRISBURG PA 17112 ATTORNEY(S) FOR DEFENDANT KENDRA STINE Vs. MONTGOMERY C. SCOVILLE VS. JULIE GRIES • File No. SUBPOENA TO PRODUCE DOCUMENTS oR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 MEDICAL RECORDS DEPARTMENT THE CHAMBERSBURG HOSPITAL 112 N. SEVENTH ST. T0: CHAMBERSBURG PA 17201 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELP IA, . (Address) You may deliver or mail legible copies of the documents or produce things this subpoena, together with the certificate of ca, aliance, the art requested by request at the address listed above. You have the right to seek ino advance Party king this cost of preparing the copies or producing the things the reasonable 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 ccrpe 11 i rg you to camp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: STEPHEN J. BARCAVAGE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: 2 T53-74T-7858 SUPREME COURT ID # ATTORNEY FOR: DEFENDANT DATE : y 7 m 4 Seal of the Court ISSUED ON: 9/29/08 COMMONkWXTH OF PENNSYLVANIA COUNTY OF a BERLANI) XN 09028001 12/25/08 Court of Common Pleas 07-1868 BY THE COURT: s Prothonotary/Cl k, Civil Division,.,, Deputy - (Eff. 1/97) NO., 0'7-1868 ADDENDUM TO SUBPOENA 09028001 12/25/08 KENDRA STINE VS. MONTGOMERY C. SCOVILLE VS JULIE GRIES SEE ATTACHED ADDENDUM PERTAINING TO KENDRA S. STINE (2 STROHM ROAD, SHIPPENSBURG, PA, DOB 08/23/84, SSN 206-64-6812). Aug-29-08 14:23 From-MUG 717-651-9630 Instructlons for Chambersbur4 Hospital records: T-136 P-003/003 F-109 PAGE 2 OF 2 Any and all medical records, including, but not limited to, inpatient records, outpatient records, physical therapy records, rehab records, surgical records, lab reports, x-ray films, MRIs, CT scans, or other diagnostic testing performed, together with all diagnostic reports, medical reports, notes, memoranda, correspondence and medical bills concerning Kendra S. Stine, Date of Birth: 8/23184; Social Security No. 206-64-6812 from 2004 to the present. PLEASE DO NOT PRODUCE ANY RECORDS IN CONNECTION WITH MS. STINE'S ADMISSION FOR CHILDBIRTH. CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this day of October, 2008, I served a true and correct copy of the Certificate-Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22, via U.S. first-class mail, postage pre-paid, as follows: John R. Elliott, Esquire ANSTINE & SPARLER 117 East Market Street York, PA 17401 Donald R. Dorer, Esquire Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 1 L_444? M. WILLIAMS S_ e -_ i , '77 I .1 1% MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Stephen J. Barcavage, Esquire ID# 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Our File No. 21237-00460 Attorney for Defendant, Montgomery C. Scoville KENDRA STINE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-1868 Civil Term MONTGOMERY C. SCOVILLE, Defendant CIVIL ACTION - LAW V. JULIE L. GRIES, Additional Defendant JURY TRIAL DEMANDED WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of Stephen J. Barcavage, Esquire on behalf of Defendant, Montgomery C. Scoville, with respect to the above-referenced matter. DATE BY: f 004 V. MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Donald L. Carmelite, Esquire ID# 84730 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Our File No. 21237-00460 Attorney for Defendant, Montgomery C. Scoville KENDRA STINE, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-1868 Civil Term MONTGOMERY C. SCOVILLE, Defendant : CIVIL ACTION - LAW JULIE L. GRIES, Additional Defendant JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Donald L. Carmelite, Esquire on behalf of Defendant, Montgomery C. Scoville, with respect to the above-referenced matter.. gHA ENNEHEY, WARNER, I OGGIN DATE: By: e lite, Esquire 4200 Crums Mill Rd, Suite B Harrisburg, PA 17112 (717) 651-3510 1 r ..•. KENDRA STINE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-1868 Civil Term MONTGOMERY C. SCOVILLE, Defendant CIVIL ACTION - LAW V. JULIE L. GRIES, Additional Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Sarah A. Doerfler, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that this day of January, 2009, I served a copy of the foregoing via First Class United States Mail, postage prepaid, as follows: John R. Elliott, Esquire ANSTINE & SPARLER 117 East Market Street York, PA 17401 05/462536.vl Donald R. Dorer, Esquire Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 )duAj--? CLI??l Sarah A. Doerfler r-4- 10. 711, r- F s S C J p W MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Donald L. Carmelite, Esquire ID #: 84730 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Attorney for Defendant, Montgomery C. Scoville KENDRA STINE, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA MONTGOMERY C. SCOVILLE, Defendant V. JULIE L. GRIES, Additional Defendant : NO. 07-1868 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT MONTGOMERY C. SCOVILLE'S MOTION FOR SANCTIONS PURSUANT TO Pa. R.C.P. 419 AND LOCAL RULE 208.3(a) AND NOW comes Defendant Montgomery C. Scoville, by and through his undersigned counsel and Marshall, Dennehey, Warner, Coleman & Goggin and hereby files this Motion for Sanctions and in support thereof avers the following: 1. This matter arises out of a motor vehicle accident that occurred on June 3, 2005 at the intersection of Walnut Bottom Road and Greenview Drive in South Middletown Township, Cumberland County, Pennsylvania. 2. Plaintiff was a passenger in a vehicle driven by Julia Gries and Moving Defendant, Montgomery Scoville, was driving a mobile home and towing a vehicle. 3. Defendant Scoville made a left hand turn and the vehicle he was towing was struck by the vehicle driven by Defendant Gries. 4. As a result of the accident, Plaintiff asserts that she suffered a low back injury with radicular symptoms in her right leg. 5. The parties have engaged in extensive discovery. 6. By way of correspondence of February 17, 2009, the undersigned counsel notified Plaintiffs counsel that Plaintiffs independent medical exam had been confirmed with Walter C. Peppelman, D.O. for Monday, April 29, 2009 beginning at 2:00 p.m. See the February 17, 2009 correspondence attached hereto as Exhibit A. 7. Plaintiff did not appear for her scheduled IME and the undersigned counsel was notified by phone from Amy Chick, business manager for Per Diem, Inc., the coordinator for the independent medical exam on April 21, 2009. By email from Amy Chick dated April 21, 2009, we were advised that an additional $425.00 was due as a result of Plaintiffs failure to attend the IME. See a copy of the April 21, 2009 email attached hereto as Exhibit B. 9. By way of correspondence dated April 22, 2009, the undersigned counsel advised Plaintiffs counsel of Plaintiffs failure to attend the IME and the additional costs associated with rescheduling the same and made a request for Plaintiff to incur that cost specifically. See a copy of the April 22, 2009 correspondence attached hereto as Exhibit C. 10. By way of correspondence dated May 4, 2009 from Plaintiffs counsel, counsel advised that he has no explanation for why Plaintiff missed her IME appointment. See May 4, 2009 correspondence attached hereto as Exhibit D. 11. Plaintiffs IME is rescheduled for July 20, 2009 at 3:00 p.m. 12. The cost of Plaintiffs IME had she appeared for her scheduled appointment on April 20, 2009 would have been $2,500.00. 2 13. As a result of Plaintiffs failure to attend the IME or give notice that she was not going to attend the IME, an additional $425.00 is due and owing. 14. As such, Defendant is specifically seeking a sanction of $425.00 on Plaintiff as a result of her failure to attend the scheduled IME and general lack of consideration for failing to notify anybody, including her own counsel, that she was not going to attend. 15. Undersigned counsel sought the concurrence of Plaintiffs counsel for this Motion which was denied. WHEREFORE, Defendant Montgomery C. Scoville, respectfully requests this Honorable Court grant its Motion for Sanctions and order Plaintiff to pay $425.00 to Defendant's insurer, United States Automobile Association. MARSHALL, DENNEHEY, WARNER, DATE: l / 33 BY: ZLLZa?nm- & GOGG IN elite, Esquire I.D. # 84730 4200 Crums Mill Rd, Suite B Harrisburg, PA 17112 (717) 651-3510 KENDRA STINE, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA MONTGOMERY C. SCOVILLE, Defendant V. NO. 07-1868 Civil Term CIVIL ACTION - LAW JULIE L. GRIES, Additional Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Sarah A. Doerfler, anWkda.v employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that this of May, 2009, I served a copy of the foregoing via First Class United States Mail, postage prepaid, as follows: John R. Elliott, Esquire ANSTINE & SPARLER 117 East Market Street York, PA 17401 Donald R. Dorer, Esquire Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Sarah A. D"oerfler 05/493455.v1 4 ?'`j?j7?7Tl NE! MARSHALL, Dl.IMy AR A REGION', ' DEFENSE LITIGATION LAW FIRM ' 1, NER, _ 4u , aJ1? COQ ?.??7?? ri?1A[6 GOT y,? ? FENN NIA A P R O F E S S 1 O N A L C O R P O R A T I O N p ww-marshalldenneh ficni Bethlehem Doylestown E ey.com rie Harrisburg King of Prussia Philadelphia 4200 Crums Mill Road, Suite B • Harrisb urg PA 17112 Pittsburgh Scranton W 717) 651-3500 • Fax 717 , illiamsport ( ) 651-9630 NEW JFJ Cherry Hill Roseland Direct Dial: 717-651-3504 DRI.AWARE W""'"?°" Email: dlcarmelite@mdw AkOmo Ak cg.com - ron Fr.o[tmA Ft. Lauderdale Jacksonville Orlando February 17, 2009 Tampa John R. Elliott, Esquire ANSTINE & SPARLER 117 East Market Street ATTORNEYSATUW York, PA 17401 RE: Kendra Stine v. Mont omer r C. Scoville v. Julie L. Gries Cumberland County Court of Common Pleas; No. 07-1868 Claim No.: 3464293 DOL: 6/3/05 Our File No.: 21237-00460.843 Dear Mr. Elliott: Please be advised that I have scheduled the Independent Medical Examination of your client, Kendra Stine, for Monday, April 20, 2009 beginning at 2:00 p.m. The IME will be performed by Walter C. Peppelman, Jr., D.O. at the following address: Per Diem, Inc. 301 Market Street P.O. Box 387 New Cumberland, PA 17070-0387 Should you have any cooperation in this matter questions, please do not hesitate to contact me. Thank you for your attention and . ITE DLC:smw cc: Donald R. Dorer, Esquire 2I. _,_I y60 Carmelite, Donald L. From: Per Diem, Inc. [perdiem@itech.net] Sent: Tuesday, April 21, 2009 2:12 PM To: Carmelite, Donald L. Subject: Kendra Stine IME Mr. Carmelite: The next available appointment time/date for Kendra Stine with Dr. Peppelman is on Monday June 15, 2009 at 4:00 p.m. The total cost for the no-show and the rescheduled IME is $2925. We have already received a $2500 retainer, so an additional $425 is due by June 1, 2009. I will prepare and fax you a confirmation of this IME date and time, and will prepare, fax and mail a supplemental invoice to USAA. Thank you. Sincerely, Amy M. Chick Business Manager Per Diem, Inc. A REGIONAL DEFENSE LITIGATION LAw FIRM MAR D u e 15 SHA?LL) ENNEHEY, WARNERS COLEMAN c GOGGIN hlehem B Bethlehem Doylestown W ilmingt ilmin o A P R O F E S S I O N A L C O R P O R A T I O N www.marshaUdennehey.com Brie OHIO Harrisburg AIQOn King of Prussia Philadelphia FLORIDA 4200 Crums Mill Road, Suite B • Harrisburg, PA 17112 scranbonh Jtckso vder ille?e (717) 651-3500 • Fax (717) 651-9630 E j spnd oampao N w is awJsxsBr Cherry Hill Roseland NEwYokx New York Direct Dial: 717-651-3504 Email: dlcarmelite@mdwcg.com April 22, 2009 Via Facsimile John R. Elliott, Esquire ANSTINE & SPARLER 117 East Market Street York, PA 17401 RE: Kendra Stine v. Montgomery C. Scoville v. Julie L. Gries Cumberland County Court of Common Pleas; No. 07-1868 Claim No.: 3464293 DOL: 6/3/05 Our File No.: 21237-00460.843 Dear Jack: Thank you for responding to my voicemail of April 21, 2009 regarding Plaintiffs failure to attend her scheduled IME with Dr. Peppelman on April 20. I am advised by the IME service that Dr. Peppelman is available on June 15, 2009 at 4:00 p.m. to conduct Plaintiffs rescheduled IME. As such, please be advised that the IME will be performed by Walter C. Peppelman, Jr., D.O. on Monday, June 15, 2009 beginning at 4:00 p.m. at the following address: Per Diem, Inc., 301 Market Street, PO Box 387, Newcumberland, Pennsylvania 17070-3087. Unfortunately, due to Plaintiffs failure to attend the scheduled IME, there was a no show charge of $425.00. I am looking to you and/or your client to pay that fee, which is due by June 1, 2009. Please advise by close of business, Friday, April 24, 2009 if you will agree to pay that amount. Alternatively, I will file a motion with the court seeking costs. John R. Elliott, Esquire April 22, 2009 Page 2 Thank you for your anticipated cooperation. Should you have any questions or concerns regarding the above please do not hesitate to contact me directly. Very truly yours, qI ? ovL. Darm C DLC/sad Enclosure Anstine & Sparler ATTORNEYS AT LAW May 4, 2009 Donald Carmelite Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 RE: Kenda Stine v. Montgomerv C Scoville v Julie L Gries Cumberland County Court of Common Pleas Claim No.: 3464293 DOL: 6/3 Your Fil o.: 21237-00460.843 Dear Don: TELEPHONE (717) 846-8811 FAx(717) 852-8915 www. anstinesparler. com 117 EAST MARKET STREET YORK, PA 17401 Thank you for your letter of April 22, 2009. Since that time we have spoken on the phone I indicated that the June 15, 2009 date would not be acceptable for an IME since my client has left the area and will not be returning until around July ls`. If you wish to schedule depositions some date after that please do so. In the mean time I have no explanation for why she missed this appointment. Thank you for your cooperation. Very truly yours, John R. Elh JRE/kla MAY 5 2009 723. - too . WILLIAM B. ANSTINE, JR. • KENNETH J. SPARLER • JOHN R. ELLIOTT • ANDREW B. BROWN LESLIE S. ARZT • JASON A. UREY W. BURG ANSTINE (1910-1991) 'Also Admitted in Maryland KENDRA STINE, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA MONTGOMERY C. SCOVILLE, Defendant V. JULIE L. GRIES, Additional Defendant NO. 07-1868 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED RULE TO SHOW CAUSE Upon consideration of Defendant Montgomery C. Scoville's Motion for Sanctions a Rule is hereby issued for Plaintiff Kendra Stine to show cause why the relief requested by Defendant Montgomery C. Scoville should not be granted. This Rule is returnable to the Court by , 2009. J. 05/493459. v l OF 2 0 0 r,Ay I-; Fm E?• 1 I % KENDRA SWINE, Plaintiff V. MONTGO M ERY C. SCOVILLE, Defendant V. JULIE L. G?IES, Additional Defendant U is hereby MAY l S 20096 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1868 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED RULE TO SHOW CAUSE consideration of Defendant Montgomery C. Scoville's Motion for Sanctions a Rule ,red for Plaintiff Kendra Stine to show cause why the relief requested by Defendant C. Scoville should not be granted. This Rule is returnable tie.Q-1 6-ilgli, -9 .. OL&• IVA V AA -9409 Vi J. "3F1"'"qp 'e h,n 117a r hw Lva,- Z :G tAl ZZ ' ? Z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION KENDRA STINE, Plaintiff V. File No. 07-1868 Civil Term MONTGOMERY C. SCOVILLE, Defendant v. JULIE L. GRIES, Additional Defendant PLAINTIFF'S RESPONSE TO DEFENDANT, MONTGOMERY C. SCOVILLE'S RULE TO SHOW CAUSE And now, to wit, this `day of June, 2009, comes the Plaintiff, Kendra Stine, by her attorneys, Anstine & Sparler and files this Response as follows: 1. On March 16, 2009, Plaintiff was committed to the Adams County Prison. 2. Because of this imprisonment, Plaintiff was unable to attend the scheduled independent medical examination. 3. Defendant did not consult with Plaintiff regarding the scheduling of this examination; Defendant simply scheduled it and sent notice of the examination to Plaintiff's attorney. Anstine & Sparler Ai ORNEVSW LAW 4. Plaintiff did attempt to contact her attorney and notify him that she would be unable to attend the examination; however, because of her incarceration, her attorney was unable to call her back and the communications broke down. 5. Plaintiff believes and avers that it would be unfair to further penalize Plaintiff by assessing additional costs against her. spe 1 jubmittted, J R. Elliott Anstine & Sparler 117 E. Market St. York, PA 17401 (717) 846-8811 I.D. No. 50198 ASpalr A7oRNEVS Ar LAW VERIFICATION I, John R. Elliott, am signing this Verification on behalf of my client, Kendra Stine, who is presently incarcerated and based on my belief on information received that the facts contained in the within Response to Defendant Montgomery C. Scoville's Rule to Show Cause are true and correct. This Verification will be supplemented by the Plaintiff, Kendra Stine, when she is available to do so. J WEllio ASpa l r An-IEVS Ai LAW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION V. KENDRA STINE, Plaintiff MONTGOMERY C. SCOVILLE, Defendant V. JULIE L. GRIES, Additional Defendant CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the enclosed Plaintiff s Response to Defendant, Montgomery C. Scoville's Rule to Show Cause by First Class mailing upon the persons indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure § 440. Stephen J. Barcavage, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Donald R. Dorer, Esquire Snyder & Dorer 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Anstine & Sparler AFOPNEVS Al LAw Dated: File No.: 07-1868 Civil Term Respectfully submitted, BYSTINFp &??¢1?RLER Jain R. Elliott, Esquire 117 E. Market Street York, PA 17401 (717)846-8811 I.D. No. 50198 Attorney for Plaintiff ORIGINAL MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Donald L. Carmelite, Esquire ID #:84730 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Attorney for Defendant, Montgomery C. Scoville KENDRA STINE, V. Plaintiff MONTGOMERY C. SCOVILLE, Defendant V. JULIE L. GRIES, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1868 Civil Term CIVIL ACTION - LAW Additional Defendant JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW MOTION FOR SANCTIONS TO THE PROTHONOTARY: Please withdraw Defendant, Montgomery C. Scoville's Motion for Sanctions Pursuant to Pa.R.C.P. 419 and Local Rule 208.3(a) in the above captioned matter, which was filed on May 15, 2009. MARSHALL, DENNEHEY, WARNER, COLEMAN & G GGIN DATE: qx/ b BY: DONALD L. CARMELITE, ESQUIRE Attorney for Defendant Montgomery C. Scoville CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this q?kk_' day of July, 2009, I served a true and correct copy of the Praecipe to Withdraw Motion for Sanctions, via U.S. first-class mail, postage pre-paid, as follows: John R. Elliott, Esquire ANSTINE & SPARLER 117 East Market Street York, PA 17401 Donald R. Dorer, Esquire Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 SUSAN M. WILLIAMS ALED?:? E OF THE PlRry,Hr'N 'TA RY 2009 JUL -6 PH 2: Ok, r'EJ" ?v?YL?lfaRtfz. •1 ORIGMAL KENDRA STINE, Plaintiff V. MONTGOMERY C. SCOVILLE, Defendant V. JULIE L. GRIES, Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1868 Civil Term CIVIL ACTION - LAW : JURY TRIAL DEMANDED TO: PROTHONOTARY Cumberland County, Pennsylvania Kindly mark the above-referenced matter as SETTLED, DISCONTINUED and ENDED on behalf of Kendra Stine. Respectfully submitted, ;'a 0A I _ / Joflfh R. ElliotY,-Esquire ANSTINE & SPARLER 117 East Market Street York, PA 17401 Dated ?0(1 05/50315 Lv 1 A CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this a3rk-day of July, 2009, I served a true and correct copy of the Praecipe to Settle, Discontinue and End, via U.S. first-class mail, postage pre-paid, as follows: John R. Elliott, Esquire ANSTINE & SPARLER 117 East Market Street York, PA 17401 Donald R. Dorer, Esquire Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 SUSAN M. WILLIAMS . -,_ 2009 JUL 214 Ph 34: C I cumi TY PE vt:, S't' VANI,,- :a y L: KENDRA STINE, V. MONTGOMERY C. SCOVILLE, Defendant ORIGINAL : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1868 Civil Term : CIVIL ACTION - LAW JULIE L. GRIES, V. Additional Defendant JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO: PROTHONOTARY Cumberland County, Pennsylvania Kindly mark the above-referenced matter as SETTLED, DISCONTINUED and ENDED with Prejudice as to Montgomery C. Scoville v. Julie L. Gries only. DATE: --7 -z ((05 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: ?-- DOMALU-t?RMELITE, ESQUIRE I.D. No. 84730 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3504 Attorney for Defendant Montgomery C. Scoville s . ,, CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ),,Ir'Qay of July, 2009, I served a true and correct copy of the Praecipe to Settle, Discontinue and End, via U.S. first-class mail, postage pre-paid, as follows: John R. Elliott, Esquire ANSTINE & SPARLER 117 East Market Street York, PA 17401 Donald R. Dorer, Esquire Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 SUSAN M. WILLIAMS Q ;w}1? 2u?7.