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HomeMy WebLinkAbout03-3562STEVEN E LEHMER and DIANE R, LEHMER, his wife, Plaintiffs NICOLE R. TAYLOR, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CWIL ACTION- LAW JuRY TmAL EMA Er 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 fights 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siquientes, usted tiene viente (30) dias de plazo al partir de la fecha de la demanda y la nofificacion. Usted debe presentar una apariencia escfita o en persona o pot abogado y archivar en la corte en forma escfita sus defensas o sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTA. SI NO T1ENE ABODAGO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFIC1NA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 263341.1 \N JR\MAR STEVEN E LEHMER and DIANE R. LEHMER, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NICOLE R. TAYLOR, Defendant v. CWIL ACTION - LAW NO. JURY TRIAL DEMANDED COMPLAINT Plaintiffs Steven and Diane Lehmer, citizens of the Commonwealth of Pennsylvania, are husband and wife, adult individuals who reside in Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant Nicole R. Taylor is an adult individual and citizen of the Commonwealth of Pennsylvania who resides in Mechanic*burg, Cumberland County, Pennsylvania. 3. The facts and occurrences hereinafter related took place on or about January 18, 2002, at the Windsor Park Shopping Center, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Steven Lehmer was exiting from a business known as the Cigarette Outlet as a pedestrian attempting to cross the parking lot in the Windsor Park Shopping Center. 5. At that time and place, Defendant Nicole R. Taylor was driving her vehicle, Pa. License BPW 2744 passing in fi'ont of Little Richard's Family Restaurant toward the Cigarette Outlet. 6. At that time and place, them was erected a stop sign between Little Richard's Family Restaurant and the Cigarette Outlet and a white stop line on the pavement to control the traffic of vehicles proceeding in Nicole R. Taylor's direction. 263341 .I \NJRhMAR 7. As the Plaintiffbegan to cross in front of the Cigarette Outlet, in plain view of Defendant Taylor, she failed to stop her vehicle at the stop sign striking Mr. Lehmer and throwing him to the ground. 8. Immediately, Mr. Lehmer realized that his right leg at the knee had been injured. 9. Mr. Lehmer was taken from the scene by ambulance to Holy Spirit Hospital where he was treated and released. 10. As a result of his injuries, Mr. Lehmer has suffered a permanent injury to his knee, neck and back which limits his work activities and prevents him from performing many activities of daily living. 11. Mr. Lehmer has been informed and therefore avers that this injury is permanent and will require continuing medical treatment. CLAIM 1 Steven Lehmer v. Nicole R. Taylor Paragraphs 1 through 11 of the Complaint are incorporated herein by reference. The aforesaid collision was solely the result of the negligence of Defendant 12. 13. Taylor as follows: a. failing to yield to a pedestrian in a crossing area; b. failing to stop for a stop sign; c. failing to keep a proper look out for pedestrians lawfully crossing the parking lot in an appropriate area; d. failing to keep her vehicle under such control so as to avoid hitting Mr. Lehmer; e. traveling at an excessive rate of speed under the circumstances; and 263341.1 kNJRkMAR f. driving her vehicle carelessly so as to endanger pedestrians crossing the parking lot at an appropriate area. 14. Plaintiff Steven Lehmer sustained painful and severe injuries which include, but are not limited to, permanent derangement of the right knee and pain to his neck and back. 15. As a result of the aforementioned injuries and resulting pain, Plaintiff Steven Lehmer has incurred liability for medical treatment, medications, hospital treatment, physical therapy, and similar miscellaneous expenses in an effort to restore himself to health, and claim is made therefore. 16. Because of the nature of his aforementioned injuries and resulting pain, Plaintiff Steven Lehmer has been advised, and therefore avers, that he will incur similar expenses in the future, and claim is made therefore. 17. As a result of the aforementioned injuries and resulting pain, Plaintiff Steven Lehmer has and will continue to undergo physical and mental suffering, inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 18. As a result of the aforementioned injuries, Plaintiff Steven Lehmer has been and in the future may continue to be subject to humiliation and embarrassment, and claim is made therefore. 19. As a result of the aforementioned injuries and resulting pain, Plaintiff Steven Lehmer has sustained work loss, loss of opportunity and a permanent diminution of her eanfing power and capacity, and claim is made therefore. 20. Plaintiff Steven Lehmer continues to be plagued by persistent pain and limitation and has been advised, and therefore avers, that his injuries may be ora permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefore. 263341.1 \NJRXIVlAR WHEREFORE, Plaintiff Steven Lehmer demands judgment against Defendant Nicole R. Taylor in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. CLAIM II Diane R. Lehmer v. Nicole R. Taylor 21. Paragraphs 1 through 19 of the Complaint are incorporated herein by reference. 22. As a result of the aforementioned injuries sustained by her husband, Steven Lehmer, Diane Lehmer has been and may in the future be deprived of the care, companionship, consortium, and society of her husband, all of which will be to her great detriment, and claim is made therefor. WHEREFORE, Plaintiff Diane R. Lehmer demands judgment against Defendant Nicole R. Taylor in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars exclusive of interest and costs and in excess of anyjurisdictional amount requiring compulsory arbitration. Respectfully submitted, ANGINO & ROVNER, P.C. 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff(s) Date: 263341.1 \NJRhMAR VERIFICATION I, Diane),~. Lehmer, Plaintiff, have read the foregoing Complaint and do hereby swear or affirm that the facts set forth in the foregoing are tree and correct to the best of my knowledge, information and belief. 1 understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. WITNESS: Wimess / / Dated: "7 / [ ~'/0~ Diane ~ Lefamer Dated: ~ VERIFICATION I, Steven E. Lehrner, Plaintiff, have read the foregoing Complaint and do hereby swear or affirm that the facts set forth in the foregoing are tree and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom i:alsification to authorities. WITNESS: '} Stever Dated: STEVEN E. LEHMER and DIANE R. LEHMER, hks wife, , Plaintiffs NICOLE R. TAYLOR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 03-3562 JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of the Defendant Nicole R. Taylor. LAW OFFICE OF ROBERT P. REED Dated: BY: Robert P. Reed, Esquire P.O. Box 6034 Harrisburg, PA 17112 717 909-6637 Attorney's I.D. No. 15624 Counsel for Defendant CERTIFICATE OF SERVICE AND NOW on this ~ day of August, 2003 I Robert P. Reed, Esquire, hereby certify that I served the within Praecipe for Entry of Appearance this day by depositing the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Neil J. Rovner, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 LAW OFFICE OF ROBERT P. REED BY: Robert P. Reed, Esquire P.O. Box 6034 Harrisburg, PA 17112 717 909-6637 Attorney's I.D. No. 15624 SHERIFF'S RETURN - CASE NO: 2003-03562 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEHMER STEVEN E ET AL VS TAYLOR NICOLE R REGULAR KENNETH GOSSERT , Cumberland County,Pennsylvania, says, the within COMPLAINT & NOTICE TAYLOR NICOLE R DEFENDANT , at 1126:00 HOURS, at 211 SOUTH NORWAY STREET MECHANICSBURG, PA 17055 NICOLE TAYLOR a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 1st day of August , 2003 by handing to & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.28 Affidavit .00 Surcharge 10.00 .00 36.28 Sworn and Subscribed to before me this ~ day of  --~o ~0~ A.D. thonotary So Answers: R. Thomas Kline 08/04/2003 ANGINO & ROVNER By: STEVEN E. LEHMER and DIANE R. LEHMER, his wife Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA VS. NICOLE R. TAYLOR Defendant CIVIL ACTION - LAW NO.: 03-3:562 Civil Term JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Steven E. Lehmer and Diane R. Lehmer c/o Neil J. Rovner, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110 You are hereby notified to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or judgment may be entered against you. LAW OFFICE OF ROBERT P. REED Dated: Robert P. Reed, Esquire P.O. Box 6034 Harrisburg, PA 17112 717 909-6637 Attorney's I.D, No. 15624 Counsel for Defendant, Nicole R. Taylor STEVEN E. LEHMER and DIANE R. LEHMER, his wife Plaintiffs VS. NICOLE R. TAYLOR Defendant 1N THE COURT OF COMMON PLEAS CUMBER]LAND COUNTY, PENNA CIVIL ACTION - LAW NO.: 03-3562 Civil Term JURY TRIAL DEMANDED _ANSWER WITH NEW MATTER 1. Admitted. 2. Admitted. Specifically, the Defendant resides at 211 South Norway Street, Mechanicsburg, PA 17055. 3. Admitted. 4. Admitted~in part and denied in part. It is admitted that Plaintiff Steven Lehmer was exiting from a business known as Cigarette Outlet. It is averred, however, that at the time of this incident said Plaintiff was crossing the driveway in the front of the shops at the Windsor Park Shopping Plaza on his way to the parking area. 5. Admitted in part and denied in part. It is admitted Defendant, Nicole R. Taylor, was operating a vehicle having Pennsylvania license plate number BPW 2744. However, it is averred that at the time of the incident said Defendant was proceeding to make a left hand turn from a parking aisle into the driveway being traversed by the Plaintiff, Steven Lehmer. 6. Admittedl 7. Denied as stated. Defendant Nicole R. Taylor stopped at the end of the parking aisle before initiating her left-hand turn. The stop sign referred to in paragraph seven of the Plaintiffs' complaint is located across fi.om the entnmce to said aisle, is not fully visible fi.om the end of said aisle, and it is ambiguous whether traffic exiting said aisle was intended to be controlled by said stop sign. By way of further answer, while Defendant Nicole R. Taylor believes the point of impact may have been near the end of the white line on the pavement adjacent to said stop sign, the official investigation report of the police indicates the final resting place of Plaintiff, Steven Lehmer to be at a location before one would reach the white line. 8. Denied. After reasonable investigation the Defendant is without knowledge or information sufficient to form a belief as to the troth of the averments of this paragraph and the same are therefore denied and proof thereof is demanded. 9. Admitted: 10. Denied. After reasonable investigation the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and the same are therefore denied and proof thereof is demanded. 11. Denied. After reasonable investigation the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and the same are therefore denied and proof thereof is demanded. CLAIM I Steven Lehmer v. Nicole R.Ta¥1oc 12. The averments contained in paragraphs one through eleven above are incorporated herein by reference as though set forth at length. 13. The averments of this paragraph and each and all of its subparts are denied in accordance with Pa. R.C.P. 1029(e). 14. Denied. After reasonable investigation the Defendant i,s without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and the same are therefore denied and proof thereof is demanded. 15. Denied. After reasonable investigation the Defendant is; without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and the same are therefore denied and proof thereof is demanded. 16. Denied. After reasonable investigation the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and the same are therefore denied and proof thereof is demanded. 17. Denied. After reasonable investigation the Defendant is without knowledge or informatiOn sufficient to form a belief as to the truth of the averments of this paragraph and the same are therefore denied and proof thereof is demanded. 18. Denied. After reasonable investigation the Defendant is without knowledge or information sufficient to form a belief as to the truth oftl:te averments of this paragraph and the same are therefore denied and proof thereof is demanded. 19. Denied. After reasonable investigation the Defendant is ~vithout knowledge or information sufficient to form a belief as to the troth of the averments of this paragraph and the same are therefore denied and proof thereof is demanded. 20. Denied. After reasonable investigation the Defendant is without knowledge or informatibn sufficient to form a belief as to the truth of the averments of this paragraph and the same are therefore denied and proof thereof is demanded. WHEREFORE, Defendant demands judgment in her favor and against the Plaintiff, Steven Lehmer. CLAIM 11 _Diane R. Lehmer v. Nicole R. Taylor 21. The averments contained in paragraphs one through twenty above are incorporated herein by reference as though set forth at length. 22. Denied. After reasonable investigation the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and the same are therefore denied and proof thereof is demanded. WHEREFORE, Defendant demands judgment in her favor and against the Plaintiff, Diane R. Lehmer. ~IEW MATTER 23. The averments contained in paragraphs one through twenty~two above are incorporated herein by reference as though set forth at length. 24. The Plaintiffs' damages are barred or limited by operation of the Pennsylvania Comparative Negligence Law. 25. The Plaintiffs' damages are barred or limited by operation of the Pennsylvania Motor Vehicle Financial Responsibility Law. 26. The claim of Plaintiff Diane R. Lehmer is derivative in nature, and is barred or limited by the comparative negligence of her husband, Steven E. Lehmer. 27. Plaintiffs' claims are barred by the doctrine of assumption of risk. WHEREFORE, Defendant demands judgment in her favor and against the Plaintiffs. Respectfully Submitted, LAW OFFICE OF ROBERT P. REED Dated: BY: Robert P. Reed, Esquire P.O. Box 6034 Harrisburg, PA 17112 717 909-6637 Attorney's I.D. No. 15624 Counsel for Defendant, Nicole R. Taylor VERIFICATION I, Nicole R. Taylor, hereby swear or affirm that the facts set forth in the foregoing Answer with New Matter are true and correct to the best of my information, knowledge and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. I,'q' ole R. Taylo~ _CERTIFICATE OF SERVIC_~E AND NOW on this _~_ day of September, 2003 1 Robert p. Reed, Esquire, hereby certify that I served the within Answer with New matter this day by depositing the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Neil J. Rovner, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 171 I0 LAW OFFICE OF ROBERT p. REED BY: Robert P. Reed, Esquire P.O. Box 6034 Harrisburg, PA 17112 717 909~6637' Attorney's I.D. No. 15624 Counsel for Defendant, Nicole R. Taylor STEVEN E. LEHMER and DIANE R. LEHMER, his wife Plaintiffs VS. NICOLE R. TAYLOR Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA CIVIL ACTION - LAW NO.: 03-3562 Civil Term JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Nic61e R. Taylor, Defendant, certifies that: (1) A Notice of Intent to serve the subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoenas are sought to be served, (2) A copy of each Notice of Intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoenas has been received, and (4) The subpoenas which will be served are identical to the subpoenas which are attached to the Notices of Intent to serve the subpoenas. LAW OFFICE OF ROBERT P. REED Robert P. Reed, Esquire P.O. Box 6034 Harrisburg, PA 17112 717 909q6637 Attorney's I.D. No. 15624 Counsel for Defendant STEVEN E. LEHMER and DIANE R. LEHMER, his wife Plaintiffs VS. NICOLE R. TAYLOR Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA CIVIL ACTION - LAW NO.: 03-3562 Civil Term JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, Nicole R. Taylor, intends to serve a subpoena identical to the one that is attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made this subpoena may be served. LAW OFFICE OF ROBERT P. REED Attorney for Defendant, Nicole R. Taylor COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND STEVEN E. LEHMER and DIANE R. LEHMER, his wife, Plaintiffs File No.03-3562 Civil Term NICOLE R. TAYLOR, Defendant SUBPOENA TO PRODUCE, DOCUMENT OR THiNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: doyner Sportsmedicine Institute, Inc. (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: All medical and dia~mostic reports, notes, or medical records of any description pertaininq to Steven E. Lehmer, or 304 James Street, Mechanicsburg, PA 17055, date of birth July 25, 1958, Social Security number 184-48-9297 at: Law Office of Robert P. Reed, P.O. Box 6034, Harrisburg, PA 17112 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT q~vlE REQUEST OF THE FOLLOWING PERSON: NAME:Robert P. Reed, Esquire ADDRESS:P.O. Box 6034 Harrisburg, PA 17112 TELEPHONE: 717 909-6637 SUPREME COURT ID # 15624 ATTORNEY FOR: Nicole R. Taylor DATE: ~]Lt.~ .2f'_ ,-2ffJkfl~ Sell of/the Cgu~ BY ~tE COURT: P~-othon~taryTClerk~ Civil Divisit~ Deputy CERTIFICATE OF SERVICE AND NOW on this jday of August, 2003 I Robert P. Reed, Esquire, hereby certii:y that ! served the within Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 this day by depositing the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Neil J. Rovner, Esquire Angino & Rovner 4503 North Front Street Hat~sburg, PA 17110 LAW OFFICE OF ROBERT P. REED BY: Robert P. Reed, Esquire P.O. Box 6034 Harrisburg, PA 17112 717 909-6637 Attorney's I.D. No. 15624 Counsel for Defendant Nicole R. Taylor STEVEN E. LEHMER and DIANE R. LEHMER, his wife Plaintiffs VS. NICOLE R. TAYLOR Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA CIVIL ACTION - LAW NO.: 03-3562 Civil Term JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, Nicole R. Taylor, intends to serve a subpoena identical to the one that is attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made this subpoena may be served. LAW OFFICE OF ROBERT P. REED Attom ey~for D~ f~ r' r~c*-~R. Taylor COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND STEVEN E. LEHMER and DIANE R. LEHMER, his wife, Plaintiffs File No.03-3562 Civil Term NICOLE R. TAYLOR, Defendant SUBPOENA TO PRODUCE, DOCUMENT OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Orthopedic Institute of Pennsylvania (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: All medical and diagnostic reports, notes, or medical records of any descriphon pertaining, to Steven E. Lehmer, or 304 James Street, Mechanicsburg, PA 17055, date of birth July 25, 1958, Social Security number 184-48-9297 at: Law Office of Robert P. Reed, P.O. Box 6034, Harrisburg, PA 17112 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF t~rlE FOLLOWING PERSON: NAME:Roberf P. Reed, Esquire ADDRESS:P.O. Box 6034 Harrisburg, PA 17112 TELEPHONE~ 717 909-6637 SUPREME COURT ID #.15624 ATTORNEY FOR: Nicole R. Taylor DATE: Seal of the Coral BY ~E~oC~ .~ ~.fl~.. ~ Pro--t~onotary/Clerk, Civil Divisi~ Del3aty - CERTIFICATE OF SERVICE AND NOW on this ~'7--~ay of August, 2003 I Robert P. Reed, Esquire, hereby certify that I served the within Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 this day by depositing the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Neil J. Rovner, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110 LAW OFFICE OF ROBERT P. REED BY: Robert P. Reed, Esquire P.O. Box 6034 Harrisburg, PA 17112 717 909-6637 Attorney's I.D. No. 15624 Counsel for Defendant Nicole R. Taylor STEVEN E. LEHMER and DIANE R. LEHMER, his wife Plaintiffs VS. NICOLE R. TAYLOR Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA CIVIL ACTION - LAW NO.: 03-3562 Civil Term JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND IHINGS FOR DISCOVERY PURSUANT TO RULE 4009.2! Defendant, Nicole R. Taylor, intends to serve a subpoena identical to the one that is attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection lo the subpoena. If no objection is made this subpoena may be served. Date: LAW OFFICE OF ROBERT P. REED Attorney for Defendant, Nicole R. Taylor COMMONWEALTH OF PENNSYLVANIA (~OUNTY OF CUMBERLAND STEVEN E. LEHMER and DIANE R. LEHMER, his wife, Plaintiffs File No.03-3562 Civil Term NICOLE R. TAYLOR, Defendant SUBPOENA TO PRODUCE, DOCUMENT OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Joseph Grausgruber, D.C. (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: All medical and diagnostic reports, notes, or medical records of any descrintion pertaining to Steven E. Lehmer, or 304 James Street, Mechanicsburg, PA 17055, date of birth Jul,/25, 1958, Social Security number 184-48-9297 at: Law Office of Robert P. Reed, P.O. Box 6034, Harrisburg, PA 17112 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:Robert P. Reed, Esquire ADDRESS:P.O. Box 6034 Harrisburg, PA 17112 TELEPHONE: 717 909-6637 SUPREME COURT ID #15624 ATTORNEY FOR: Nicole R. Taylor DATE: '~eal:6f the ~O~rt - BY THE COURT: PrOthonotary/Clerk, Ciw~Di:v~3'~ D¢6uty CERTIFICATE OF SERVICE AND NOW on tlfis~day of August, 2003 I Robert P. Reed, Esquire, hereby certify that I served the within Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 this day by depositing the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Neil J. Rovner, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110 LAW OFFICE OF ROBERT P. REED BY: Robert P. Reed, Esquire P.O. Box 6034 Harrisburg, PA 17112 717 909-6637 Attorney's I.D. No. 15624 Counsel for Defendant Nicole R. Taylor STEVEN E. LEHMER and DIANE R. LEHMER, his wife Plaintiffs VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA CIVIL ACTION - LAW NO.: 03-3562 Civil Term NICOLE R. TAYLOR Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, Nicole R. Taylor, intcmds to serve a subpoena identical to the one that is attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made this subpoena may be served. Date: LAW OFFICE OF ROBERT P. REED Attorney for Defendant, Nicole R. Taylor COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND STEVEN E. LEHMER and DIANE R. LEHMER, his wife, Plaintiffs File No.03-3562 Civil Term NICOLE R. TAYLOR, Defendant SUBPOENA TO PRODUCE, DOCUMENT OR THINGS FOR DISCOVERY PURSUTuNT TO RULE 4009.22 TO: Morton L. Rubin, M.D. (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: All medical and diagnostic reports, notes, or medical records of any description pertaining, to Steven E. Lehmer, or 304 James Street, Mechanicsburg, PA 17055, date of birth Jult 25, 1958, Social Security number 184-48-9297 at: Law Office of Robert P. Reed, P.O. Box 6034, Harrisburg, PA 17112 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:Robert P. Reed, Esquire ADDRESS:P.O. Box 6034 Harrisburg~ PA 17112 TELEPHONE: 717 909-6637 SUPREME COURT ID #15624 ATTORNEY FOR: Nicole R. Tailor DATE: J',.//'~'m. ~/,.,_ 'D r"y',l[ 'S~al o-~he Cou~t- - - BY THE COURT: ~ P~othonotary~Clerk, Civil l~ivisi~)'- CERTIFICATE OF SERVICE AND NOW on this ~day of August, 2003 I Robert P. Reed, Esquire, hereby certify that I served the within Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 this day by depositing the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Neil J. Rovuer, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110 LAW OFFICE OF ROBERT P. REED BY: Robert P. Reed, Esquire P.O. Box 6034 Harrisburg, PA 17112 717 909-6637 Attorney's I.D. No. 15624 Counsel for Defendant Nicole R. Taylor STEVEN E. LEHMER and DIANE R. LEHMER, his wife Plaintiffs VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA CIVIL ACTION - LAW NO.: 03-3562 Civil Term NICOLE R. TAYLOR Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, Nicole R. Taylor, intends to serve a subpoena identical to the one that is attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made this subpoena may be served. Date: LAW OFFICE OF ROBERT P. REED Attomey for Defendant, Nicole R. Taylor COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND STEVEN E. LEHMER and DIANE R. LEHMER, his wife, Plaintiffs NICOLE R. TAYLOR, Defendant SUBPOENA TO PRODUCE, DOCUMENT OR THINGS FOR DISCOVERs' PURSUANT TO RULE 4009.22 TO: John bi. Sullivan, bi.D. File No.03-3562 Civil Term (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: All medical and diagnostic reports, notes, or medical records of any description pertaining to Steven E. Lehmer, or 304 James Street, Mechanicsburg, PA 17055, date of birth July 25, 1958, Social Security number 184-48-9297 at: Law Office of Robert P. Reed, P.O. Box 6034, Harrisburg, PA 17112 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certiftcate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:Robert P. Reed, Esquire ADDRESS:P.O. Box 6034 Harrisburg, PA 17112 TELEPHONE: 717 909-6637 SUPREME COURT ID #15624 ATTORNEY FOR: Nicole R. Taylor DATE: .~.t,t~. ,-~, ~t0~ S~al of~th~ C~uh CERTIFICATE OF SERVICE AND NOW on this fi~ay of August, 2003 I Robert P. Reed, Esquire, hereby certify that I served the within Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 this day by depositing the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Neil J. Rovner, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110 LAW OFFICE OF ROBERT P. REED BY: Robert P. Reed, Esquire P.O. Box 6034 Harrisburg, PA 17112 717 909-6637 Attorney's I.D. No. 15624 Counsel for Defendant Nicole R. Taylor CERTIFICATE OF SERVICE AND NOW on this /day of September, 2003 I Robert P. Reed, Esquire, hereby ccrti£y that I served the within Certificate Prerequisite to Service of Subpoenas Pursuant to Rule 4009.22 this day by depositing the same in thc United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Neil J. Rovner, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110 LAW OFFICE OF ROBERT P. REED BY: Robert P. Reed, Esquire P.O. Box 6034 Harrisburg, PA 17112 717 909-6637 Attorney's I.D. No. 15624 Counsel for Defendant STEVEN E LEHMER and DIANE R. LEHMER, his wife, Plaintiffs NICOLE R. TAYLOR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 03-3562 JURy TRIAL DEMANDED PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT NICOLE IL TAYLOR PURSUANT TO PA.ILC.P. 4014 (F.ILC.P. 36) TO: Nicole R. Taylor, and her attorney, Robert P. Reed, Esquire P.O. Box 6034 Harrisburg, PA 17112 Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure, to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 1. Do you admit that you were negligent and the sole cause ,of the injuries to Plaintiff Steven Lehmer on January 13, 2002? Respectfully submitted, ANGINOj~R ~ER, P.C. 2210t 45~03 N. Front treet Harrisburg;, PA 17110 (7173 238-.6791 Counsel for Plaintiff(s) Date:3/2. S/Oq 273961.1~NJRhMAR CERTIFICATE OF SERVICE I, Megan A. Reinard, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a tree and correct copy of Notice ,of Deposition upon all counsel of :ecord via postage prepaid first class United States mail addressed as follows: Robert P. Reed, Esquire P.O. Box 6034 Harrisburg, PA 17112 Megar~A. R.einard Dated: 273961 .I\NJR~vIAR PRAECIPE FOR LISTiNG CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (X) for JURY trial at the next term of civil court ( ) for thai without a jury CAPTION OF CASE (entire caption must be stated in full) STEVEN E LEHMER and DIANE R. LEHMER, his wife, Plaintiffs NICOLE R. TAYLOR, Defendant (check one) ( ) Assumpsit ( ) Trespass (X) Trespass (Motor Vehicle) ( ) Other The trial list will be called on June 15, 2004. Trials commence on July 12, 2004. Pre-trials will beheld on June 23, 2004 (Briefs are due 5 days before pre-trials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 314-1 .) No. 03-3562 Civil Indicate the attorney who will try case for the party who files this praecipe: Neil J. Rovner, Esquire Indicate thai counsel for other parties if known: Robert Reed, Esquire This case is ready for trial. Date: l~O.l'Ch~20, 200q S~gned: ~ ?// // Print Name: ~il J. Rovner Attorney for Plaintiff(s) 273954.1 \NJR~MAR CERTIFICATE OF SERVICE I, Megan A. Reinard, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the faregoing upon all counsel of record via postage prepaid first class United States mail addressed as follows: Robert P. Reed, Esquire P.O. Box 6034 Harrisburg, PA 17112 rated: /zq 0lJ Megan ~/. Reinard 273954.1\NJR~MAR 11:45 FAX 1 717 582 7008 Robert p Reed ~006 STEVEN E. LEHMER and DIANE R. LEHMER, his wife Plaintiffs VS. NICOLE R. TAYLOR Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA CIVIL ACTION - LAW NO.: 03-3562 Civil Term JURY TRIAL DEMANDED PRAECIPE FOR DISCONTINUANCE TO: Curt Long, Prothonotary: Discontinue the above action in its entirety and mark the docket accordingly. ~12oloq ANo~o ,~ :~OV~ER, P.c. BY:.. ,,.'~/~ Couns~ ~r ~aint/~fs