Loading...
HomeMy WebLinkAbout03-3715DONALD E. SNOKE, II and CARRIE SNOKE, his wife, Plaintiffs vs KEVIN ANDERSON and ROXANE ANDERSON, his wife Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - 3 -7 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO DEFEND 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 is served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 --1DliRr1'Y AVLt--,, 3? g-4ky-A-g CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DONALD E. SNOKE, II and : IN THE COURT OF COMMON PLEAS CARRIE SNOKE, his wife, Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA vs : NO. co-1 - 3? KEVIN ANDERSON and : CIVIL ACTION - LAW ROXANE ANDERSON, his wife Defendants : JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs are Donald E. Snoke, II and Carne Snoke, adult individuals, husband and wife, who reside at 4225 Carlisle Pike, Gardners, Cumberland County, Pennsylvania 17324. 2. Defendants are Kevin Anderson and Roxane Anderson, adult individuals, husband and wife, who reside at 220 Whitehall Road, Littlestown, Adams County, Pennsylvania 17340. 3. On July 18, 1998, Plaintiffs entered into a Lease Agreement with Defendants to lease from Defendants a certain property known as 120 Peach Orchard Road, Newville, Cumberland County, Pennsylvania 17241. A true copy of that Lease Agreement is attached hereto as Exhibit A. 4. The premises leased by Defendants to Plaintiffs were a small portion of a larger tract of land owned by Defendants, which tract of land included approximately 39 acres more or less and which tract which was improved with at least two (2) separate dwellings. 5. Defendants retained control over the land and the dwellings, with the exception of the single family residence leased to Plaintiffs under the Lease Agreement. 6. At all times relevant hereto, Defendants held the lands surrounding the leased residence open to use by Plaintiffs, and by others for the purpose of riding off road motorcycles and ATV's on trails existing on the Defendants' property. 7. Defendants had both actual and constructive knowledge that Plaintiff Donald Snoke and others did ride off road motorcycles and ATV's on the trails located on their land, and did consent to, agree in, and permit such use of the land by Plaintiffs and by others. 8. Defendants, both expressly and implicitly, permitted, invited and licensed Plaintiff and others to ride off road motorcycles and ATV's on the trails located on their land as aforesaid. 9. On June 2, 2002, Plaintiff Donald Snoke suffered severe injury when the front wheel of an off road motorcycle which he was riding struck an iron pipe protruding from the ground within or immediately adjacent to one of the established trails located on Defendants' land. 10. Plaintiff Donald Snoke suffered severe injuries to his left leg including a dislocation of the knee with severe nerve and vascular injuries, which injuries have required him to undergo both inpatient and outpatient hospitalization, and physical therapy. 11. Plaintiff Donald Snoke has been subjected to multiple surgical procedures, including vascular repairs to veins and arteries, fasciotomy, cruciate ligament repair, skin grafting and major reconstruction of his left knee joint, and continues to undergo care, treatment, and therapy for his injuries more than one (1) year after the date of those injuries. 12. Plaintiffs have incurred medical expenses for the care and treatment of the injuries suffered by Donald Snoke in an amount in excess of $83,000, which medical expenses will continue to accrue in the future. 13. PlaintiffDonald Snoke has been totally disabled from attending to his normal employment and job duties since the date of his injury, and will continue to be totally disabled from his employment for the foreseeable future. 14. Plaintiff Donald Snoke has been disabled from attending to the normal activities of his daily life from the time of his accident through the present, and will continue to be so disabled for the foreseeable future. 15. Plaintiff Donald Snoke has suffered past and future loss of his wages, and permanent reduction in his future earning capacity. 16. PlaintiffDonald Snoke has endured pain, suffering, scarring, disfigurement, aggravation, inconvenience, loss of life's pleasures, mental anguish and emotional distress, and will continue to endure those losses for the remainder of his natural life. 17. PlaintiffDonald Snoke has developed Reflex Sympathetic Dystrophy ofhis left leg which condition causes him to suffer constant pain, weakness, and disability of that leg. 18. Plaintiff Carrie Snoke, as the wife ofPlaintiffDonald Snoke, has lost the services, society, comfort, and support of her spouse, and claims damages for loss of consortium as the result of those injuries to her spouse. COUNTI NEGLIGENCE 19. The averments of the foregoing paragraphs 1 through 18 are incorporated herein by reference. 20. Plaintiff believes and therefore avers that the iron pipe in question was a stand pipe housing a shut off valve for the water lines installed on the Defendants' land which water lines supplied water to the various buildings located on that land. 21. Prior to striking the iron stand pipe with the motorcycle as aforesaid, Plaintiff Donald Snoke was unaware of the existence of that iron stand pipe on the land, and the presence of the pipe was concealed by an over growth of weeds and vegetation. 22. The iron stand pipe was improperly maintained in that the top flange of the pipe was broken; its cap was missing; and a jagged rock protruded from the top of the pipe. 23. The improperly maintained stand pipe was an artificial condition of the Defendants' land which Defendants knew or should have known would present an unreasonable ri sk of harm to persons using the land, including Plaintiffs. 24. Defendants had a duty to maintain the improvements on their land and to make the condition of the land safe for use by persons lawfully using the land, or to warn of the hazards presented by the improvements. 4 25. Defendants failed to properly maintain the improvements on their land, and failed to give any notice or warning to Plaintiffs of the existence of the hazard presented by the stand pipe. 26. The presence of the stand pipe was not open, obvious, or known to Plaintiffs. 27. Defendants had actual or constructive knowledge of the existence of the hazardous condition oftheirpremises; knew or should have known that the hazardous condition presented a risk to persons using the land; knew or should have known that persons using the land would not discover or realize the danger; and failed to exercise reasonable care to protect Plaintiffs against that danger. 28. The aforesaid negligence of Defendants caused Plaintiff's damages. WHEREFORE, Plaintiffs demand judgment against Defendants for special damages and general damages in an amount in excess ofthe limits for compulsory arbitration under the Local Rules of the Court of Common Pleas of Cumberland County, Pennsylvania, plus interest and costs of suit. COUNT II BREACH OF CONTRACT 29. The averments of the foregoing paragraphs 1 through 28 are incorporated herein by reference. 30. The hazardous stand pipe was located in an area which constituted common area for the leasehold premises, over which common area Defendants retained control, and which common area Defendants had the obligation to properly maintain as landlords under the Lease Agreement. 31. Defendants failed to use reasonable care to discover the hazards presented by the standpipe and failed to use reasonable care to correct the hazards or to warn Plaintiffs of the hazards as aforesaid, which failure constitutes abreach of the express and implied obligations of Defendants arising under the Lease Agreement.. 32. The aforesaid breach of contract of Defendants caused Plaintiff's damages. WHEREFORE, Plaintiffs demand judgment against Defendants for special damages and general damages in an amount in excess of the limits for compulsory arbitration under the Local Rules of the Court of Common Pleas of Cumberland County, Pennsylvania, plus interest and costs of suit. By: S 407 North Fron P.O. Box 120 Harrisburg, P 7108-2027 (717) 232-0511 DATE: ?? ?v VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing COMPLAINT are true and correct to the best of her knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa CSA Section 4904 relating to unsworn falsification to authorities. ? ?K DATE: U? p "D? VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing COMPLAINT are true and correct to the best of his knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa CSA Section 4904 relating to unsworn falsification to authorities. DONALD E. SNO II DATE: 7 Z 9lO4 This Agreement Made this O f jl day of J A.D. 1998 between Kevin Anderson Roaane Anderson hereinafter styled the party of the first part, and Donald Snoke & Carrie Snoke hereinafter styled the party of the second part. WITNESSETH, That the said party of the first part, in consideration of the rent and covenants hereinafter mentioned, doth demise and lease unto the said party of the second part to be used as a Single Family Residence, the premises situated in the County of Cumberland and Commonwealth of Pennsylvania, described as follows: 120 Peach Orchard Road, Newville, PA 17241 TO HAVE AND TO HOLD unto the said party of the seco(nqd part, subjyyc,t? t,o,, t?he conditions of the agreemen?i for the term beginning on the f D day of \? (?{ J11 1998, and ending on the Dfh. day of ?C(r '1999. IN CONSIDERATION OF WHICH the said party of the second part agrees to pay to the said party of the first part for the use and occupancy of the said premises, the sum of $4400.00, Four Thousand Four Hundred dollars, payable as follows, viz: $400.00 per month in advance due on the 1 st of month. AS A FURTHER CONSIDERATION forthe use and occupancy of said premises the said party of the second part hereby agrees to faithfully keep and be bound by the following covenants, conditions and agreements, viz: The said premises are to be kept and maintained in as good repair and condition as at present and at the expiration of this lease, they are to be surrendered in like repair and condition, natural wear and damages happening by fire, storm or other casualties only excepted. The premises are to be kept in a clean and sanitary condition and all ashes or other g ge which may accumulate thereon during the term are to be removed, and in case of fa a to remove the same the party of the first part may collect as rent due and in arrears double the cost of removal; the water, lighting or other service for the use of the occupants of the said premises furnished by any Public Service Company during the said term shall be paid for by the said party of the second part unless otherwise provided herein, or the same may be collected by the said party of the first part as rent due and in arrears. Nothing shall be done upon said premises contrary to the conditions of the policies of insurance upon the buildings thereon whereby the hazard may be increased or the insurance invalidated; neither the whole nor any portion of the said premises shall be sublet, nor shall this lease or any interest therein be assigned, nor shall the party of the second part remove or attempt to remove from said premises during the term of this lease, without the written consent of the said party of the first part; and no unlawful business shall at any time be carried on upon said premises. The party of the first part expressly reserves the right to enter upon the premises at reasonable times for the purpose of making necessary inspection, repairs, or to show the same to prospective purchasers or lessees, and may display "for rent" or "for sale" cards thereon. The removal of any goods from the premises, whether by day or by night, without the written consent of the party of the first part, shall be deemed a clandestine and fraudulent removal and such goods shall remain liable to distress for a period of thirty days after such removal wherever they may be found. If default shall be made in the payment of any part of the said rent after the same becomes due, or in case of a breach or evasion or any attempt to break or evade any of the covenants or conditions of this agreement, the entire rent reserved for the full term of the lease remaining unpaid shall become due and payable at once and may forthwith be collected by distress or otherwise, and at the same time the party of the first part may forfeit and annul the unexpired portion of this lease and enter upon and repossess the said premises with or without process of law, and without giving any notice whatsoever. Acceptance by the party of the first part of any of the said rent at any time after the same shall become due, after default has been made in the payment thereof, or any failure to enforce any of the rights herein reserved to the party of the first part, or any of the penalties, forfeitures or conditions, herein contained, shall not in any wise be considered a waiver of the right to enforce the same at any time without any notice whatsoever, and any attempt to collect the rent by one proceeding shall not be considered as a waiver of the right to collect the same by any other proceeding, but all of the rights of the party of the first part, and all forfeitures, penalties and conditions may be enforced together or successively at the option of the party of the first part. It is further agreed that if the party of the second part shall become insolvent, make an assignment for the benefit of creditors, commit any act of bankruptcy, file a voluntary petition in bankruptcy, or if any judgment shall be entered or an involuntary petition in bankruptcy filed against the said party of the second part, all the rent reserved for the full term of this lease shall become due and collectable immediately by distress or otherwise. The Prothonotary or any attorney of any Court of Record of Pennsylvania is hereby authorized to appear for and to confess a judgment against the said party of the second part and in favor of the said party of the first part for the whole amount of said rent as hereinbefore set forth. And the said party of the second part hereby waives the usual notice to quit, and agrees to surrender said premises at the expiration of said term, or the termination of this lease, without any notice whatsoever. And upon any proceeding instituted for the recovery of said rent, either by distress, or otherwise, the said parry of the second part waives the benefit of all appraisement, stay and exemption laws, the right of inquisition on real estate, and all bankruptcy or insolvency laws now in force, or hereafter passed. Upon the breach of any of the covenants or agreements of this lease or upon its termination by forfeiture, default or expiration, the Prothonotary or any attorney as aforesaid is hereby authorized to appear for and to confess judgment in an amicable action of ejectment against the said party of the second part and in favor of the said party of the first part for the premises herein described and to direct the immediate issuing of a writ of habere facias possessionem with clause of fieri facias for costs, waiving all irregularities, without notice and without asking leave of court. It is further agreed that the terms and•conditions of this agreement and lease shall in no way be changed or altered except by a writing signed by all of the parties hereto; and if the said party of the second part shall continue in possession of the said premises after the expiration of said term, at the option of the said party of the first part, such holding over may be held and deemed a renewal of this agreement for another like term, the same as though a new agreement of leasing, identical with this, had been executed and delivered by the said parties hereto for a succeeding term. The party of the first part agrees to pay the party of the second part the sum of $400.00 on or before December I in exchange for mowing and groundskeeping. The party of the second part shall be responsible for themselves and their family and any visitors and will assume all liability for same. The conditions of this agreement shall extend to the administrators, and executors of all the parties hereto. IN WITNESS WHEREOF, the parties aforesaid have hereunto set their hands and seals the day and year first above written. in the presence of l? X110 [SEAL] f SEAL] Ilie- Y? [SEAL] ? a, r f?, DONALD E. SNOKE, II and CARRIE SNOKE, his wife, Plaintiffs V. IN THE COURT' OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 03- 3-its No. 03-36}5 CIVIL KEVIN ANDERSON and CIVIL ACTION -LAW ROXANE ANDERSON, his wife : JURY TRIAL DEMANDED Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of undersigned counsel on behalf of Defendants Kevin Anderson and Roxane Anderson. Respectfully submitted, NESTICO, DRUB H[LDABRAND, LLP By: Date: Z7 0 /Richard B. Druby; wire Attorney I.D. No. 61904 840 East Chocolate Avenue Hershey, Pennsylvania 17033 (717) 533-5406 (717) 533-5717 Attorney for Defendants CERTIFICATE OF SERVICE I, Richard B. Druby, of the law firm of Nestico, Druby & Hildabrand, LLP, hereby certify that on the 27th day of August, 2003, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Anthony Stefanon 407 N. Front Street Harrisburg, PA 17q1 B. Druby :dkm o ?L_ In ?I"Il SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-03715 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SNOKE DONALD E II ET AL VS ANDERSON KEVIN ET AL 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 DEFENDANT , to wit: ANDERSON KEVIN but was unable to locate Him deputized the sheriff of ADAMS serve the within COMPLAINT & NOTICE County, Pennsylvania, to On August 13th , 2003 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 dep Adams County 34.20 .00 71.20 08/13/2003 ANTHONY STAFANON Sworn and subscribed to before me this 2.7 F-- day of Z A. D.?.Q Prothonotary' in his bailiwick. He therefore So answerer R. Thomas Kline Sheriff of Cumberland County SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-03715 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SNOKE DOKALD E II ET AL VS ANDERSON KEVIN ET AL 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 DEFENDANT , to wit: ANDERSON ROXANE but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of ADAMS County, Pennsylvania, to serve the within COMPLAINT & NOTICE On August 13th , 2003 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 08/13/2003 ANTHONY STAFANON Sworn and subscribed to before me this 27q? day of Ququ i' d aUt?3 A. D. Prothonotary So answers: R. '°homas Kline Sheriff of Cumberland County In The Court of Common Pleas of Cumberland County, Pennsylvania Donald E. Snoke II et al vs. Kevin Anderson et al SERVE; Kevin Anderson No. 03-3715 civil . Now, August 4, 2003 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Adams County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to , 20_, at o'clock M. served the 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 Anoo SHda'V Ajid], s VIFdV" 'l,iQNN3d zo :It d 9- gnv (001 ®IAIT). E0, NC se QI El sip AINac = ?0 JJfU3HS OH'10 jp DATE RECEIVED • MASON DIXON SUSINEW FORMS, INC. 33000026 DATE PROCESSED SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 FOR SHERIFF SERVICE I TNN' E sIFFFF" on the rr; eries at the s hurl (N SERVICE py of PROCESS BY PROCESS RECEIPT, and AFFIDAVIT OF RETURN all copy of this b rr . Pleees type or print handy, Insuring readability of all copies . 0o nit detach any copies. ACSID ED EN ENV. e 1. PLAINTIFFS/ 2. COURT NUMBER DONALD E. SNOKE, II & CARRIE SNOKE, his wife 03-3715 Civil 3. DEFENDANTS/ 4. TYPE OF WRIT OR COMPLAINT: KEVIN ANDERSON & ROXANE ANDERSON, his wife Complaint in Civil Action URVE 5. NAME OF INDIVIDUAL. COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD. 10 Kevin Anderson 8. ADDRESS (Sweet or RFD, Apartment No., City. Boro, Twp., State and ZIP CODE) AT 220 Wbiteball Road, Littlestown, PA 7. INDICATE UNUSUAL SERVICE: O PERSONAL ? PERSON IN CHARGE ? DEPUTIZE ? CERT. MAIL ? REGISTERED MAIL O POSTED ? OTHER Now, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff. S. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. SHERIFF OF ADAMS COUNTY NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any deputy sheriff levying upon or attaching any property under within writ may leave Same without a watchman, in custody of whomever is found in possession, after notifying person of lavy or attachment. without liability on the pan of such deputy or the Sheriff to any plaintiff herein for any Was, destruction or removal of any such property before sheriff's sets thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behaff of: 10. TELEPHONE NUMBER 11. DATE Anthony Stefanon, Esq. IXPLAINTIFF (717) 232-0511 ? DEFENDANT SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 12. 1 acknowledge receipt of the writ I SIGNATURE of Authorized ACSO Deputy or Clerk and Title 13. Date Received 14. Expiration / or complaint as indicated above. 11 is Aug. 6, 2003 AUG. . 30, 2003 2003 15. 1 hereby CERTIFY and RETURN that 1 have personally served, ? have served person in charge. O have legal evidence of service as shown in "Remarks" (on reverse) ? have posted the above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, att., at the address inserted below by handingtor Posting a TRUE and ATTESTED COPY therot. 16. O 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 17. Name and title of individual served 19. A pnecrl of euhWts e9e ens 04erelan I Read Order Kevin Anderson a?ewrr°°?med: o a aria"''° Dwr ? 19. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Soro, Twp., 20. Date of Service 21. Time State and ZIP CODE) 8/6/2003 6:43PM 22. ATTEMPTS I Date I Mlle I Dsp.Int. Daft I Mika I Dsp•Int. I Dab ,ayMq?23. Advance Cosh 24. 25. 26. py.OD ft ShwifP I AFFIRMED all subscribed to belle me this N/A day of MY COMMISSION EXPIRES 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE. MIW Dep.lnt. I Dab I Miles I Dep.IM. I Data I Mlles I Dsp.lnt. 27. Total Costs 28. OOi7:YN11194111 REFUND $34.20 Pd. 8/12/03 $115.80 Ck. #9662 Bo ANSWER. ? J. ,-y ... 004 ay7Mhlt80 Dep. Snrif (Pteeee Print ) Date James W. Muller 088./6/2003 ure of RAYMONDDWW. NE MAN T/6/2003 SHEWF OF ADAMS COUNTY N. Data Rscl ved PROTHONOTARY 33 OW26 SHERIFF'S RETURN OF SERVICE ( ) ( 1 ) The within upon defendant by mailing to by prepaid, a true and attested copy thereof at , the within named mail, return receipt requested, postage on the The return receipt signed by defendant on the is hereto attached and made a part of this return. ( ) (2) Outside the Commonwealth, pursuant to Pa. R.C.P. 405 (c) (1) (2), by mailing a true and attested copy thereof at in the following manner: ( ) (a) to the defendant by ( ) registered ( ) certified mail, return receipt requested, postage prepaid, addressee only on the said receipt being returned NOT signed by defendant, but with a notation by the Postal Authorities that Defendant refused to accept the same. The returned receipt and envelope is attached hereto and made a part of this return. And thereafter: ( ) (b) To the defendant by ordinary mail addressed to defendant at same address, with the return address of the Sheriff appearing thereon, on the I further certify that after fifteen (15) days from the mailing date, 1 have not received said envelope back from the Postal Authorities. A certificate of mailing is hereto attached as a proof of mailing. ( ) (3) By publication in the Adams County Legal Journal, a weekly publication of general circulation in the County of Adams, Commonwealth of Pennsylvania, and the Gettysburg Times, a daily newspaper published in the County of Adams, Commonwealth of Pennsylvania and having general circulation in said County for successive weeks of The Affidavits from said Adams County Legal Journal and Gettysburg Times, are hereto attached and made part of this return. ( ) ( 4) By mailing to by mail, return receipt requested, postage prepaid, on the a true and attested copy thereof at The returned by the Postal Authorities marked is hereto attached. ( ) { 5 ) Other In The Court of Common Pleas of Cumberland County, Pennsylvania Donald E. Snoke II et al vs. Kevin Anderson et al SERVE: 03-3715 civil Roxanne Anderson No. Tfow, August 4, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Adans County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within , 20_, at o'clock . M. served the upon at by handing to a and made known to copy of the original So answers, the contents thereof. Sheriff of County, PA Sworn and subscribed before me this _ day of 20` COSTS SERVICE $ MILEAGE AFFIDAVIT ?.ltr 0d AA H3HS YINYA 1ASNN3d ZO :II 'd 9- OOtl 1001 03AI3^ £0A NG oft 01 Cl Son AINrl0,; ?Iriv ?u_iOHOp JJWHS 3k.1 30 301340 MASON DIXON BUSINESS FORM, INC. 33000026 DATE RECEIVED p DATE PROCESSED SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 INSTRUCTIONS: Sea "INSTRUCTIONS FOR SERVICE OF PROCESS BY SHERIFF SERVICE THE SHERIFF" on go revenue of the tset (No. 5) copy of this form. PleW PROCESS RECEIPT, and AFFIDAVIT OF RETURN row or prim legibly, Insuring readability of all copes. Do not detach arty copies. ACED ENV.F 1. PLAINTIFF/S/ 2. COURT NUMBER DONALD E. SNOKE, II & CARRIE SNOKE, his wife 03-3715 Civil 3. DEFENOANT/SI 4. TYPE OF WRIT OR COMPLAINT: KEVIN ANDERSON & ROXANE ANDERSON, his wife Complaint in Civil Action SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD Roxane Anderson S. ADDRESS (Serest or RFD, Apartment No.. City, Boro, Two., State end ZIP CODE) AT 220 Whitehall Road, Littlestown, PA 7. INDICATE UNUSUAL SERVICE: D PERSONAL O PERSON IN CHARGE O DEPUTIZE O CERT. MAIL O REGISTERED MAIL O POSTED O OTHER Now, , 1, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff. 0. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. SHERIFF OF ADAMS COUNT' NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any dopey sheriff levying upon or attaching any property under within writ may leave Same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the pan of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before Sheriff's Sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: 19. TELEPHONE NUMBER 11. DATE Anthon Stefanon Es %i PLAINTIFF (717) 232-0511 Y 1 q• D DEFENDANT SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 12. 1 acknowledge receipt of the writ SIGNATURE of Authorized ACED Deputy or Clerk and TIM 13. Date Received 14. Expiration / MaE" date a complaint as indicated above. Aug. 6, 2003 AUG. 30, 2003 15. 1 hereby CERTIFY and RETURN that I have personally served. O have Served person in charge, D have legal evidence of service as shown in "Remarks" (on reverse) D have posted the above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc., at the address Inserted below by handingtor Posting a TRUE and ATTESTED COPY therol. 18. D 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 17. Name and title of individual Served 18. A Seven of sulable age and dlsttation Read Ordar Roxane Anderson I SMOa q1 o eelendant'a uwal 19. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Born, Twp., 20. Date of Service 21. Time State and ZIP CODE) 8/6/2003 6:43PM 22. ATTEMPTS I Date I Mlles I Dep.lm. Daft I Mlles I Osp.int. I Dab I MIes DspArd. I Dab I Mies I DsP.lm. I Date I Mlles I DeP.lnt 23. Advance Costs 1 24. 25. 1 28. 27. Taal Costs 1 28. COST DUE OR REFUND SO ANSWER. AFFIRMED and subscribed to before me this N/A Q/Nwi a JAJ /"L/JJ./? OO/ice Sy g90tr)LDSp. Sral11(P Prkh or Type) Date day of Jam s W. Muller 8/6/2003 swan" Of Sheriff Data RAYMOND W. NEWMAN 8/6/2003 ROOMWMMDapeere+ V public SHERIFF OF ADAMS COUNTY MY COMMISSION EXPIRES I ACKNOWLEDGE RECEIPT OF THE SHWOff S RETURN SIGNATURE 139. Dab Received OF AUTHORIZED ISSUING AUTHORITY AND TITLE. PROTHONOTARY 33000026 SHERIFF'S RETURN OF SERVICE ( ) (1) The within upon defendant by mailing to _ by prepaid, a true and attested copy thereof at The return receipt signed by defendant on the made a part of this return. ( ) ( 2 ) Outside the Commonwealth, pursuant to Pa. and attested copy thereof at , the within named mail, return receipt requested, postage on the is hereto attached and R.C.P. 405 (c) (1) (2), by mailing a true in the following manner: ( ) (a) to the defendant by ( ) registered ( ) certified mail, return receipt requested, postage prepaid, addressee only on the said receipt being returned NOT signed by defendant, but with a notation by the Postal Authorities that Defendant refused to accept the same. The returned receipt and envelope is attached hereto and made a part of this return. And thereafter: ( ) (b) To the defendant by ordinary mail addressed to defendant at same address, with the return address of the Sheriff appearing thereon, on the I further certify that after fifteen (15) days from the mailing date, I have not received said envelope back from the Postal Authorities. A certificate of mailing is hereto attached as a proof of mailing. ( ) (3) By publication in the Adams County Legal Journal, a weekly publication of general circulation in the County of Adams, Commonwealth of Pennsylvania, and the Gettysburg Times, a daily newspaper published in the County of Adams, Commonwealth of Pennsylvania and having general circulation in said County for successive weeks of The Affidavits from said Adams County Legal Journal and Gettysburg Times, are hereto attached and made part of this return. ( ) ( 4) By mailing to by mail, return receipt requested, postage prepaid, on the a true and attested copy thereof at The returned by the Postal Authorities marked is hereto attached. ( ) ( 5 ) Other DONALD E. SNOKE, II and CARRIE SNOKE, his wife, Plaintiffs V. KEVIN ANDERSON an wife ROXANE ANDERSON, his Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-3715 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Donald E. Snoke, II and Carrie Snoke c/o Anthony Stefanon 407 N. Front Street Harrisburg, PA 17101 You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default of judgment may be entered against you. NESTICO, Dated: HILDABRAND, LLP By: hard B. Druby> Esq r ttorney I.D. No. 6190 840 East Chocolate Avenue Hershey, Pennsylvania 17033 (717) 533-5406 (717) 533-5717 Attorney for Defendants DONALD E. SNOKE, II and CARRIE SNOKE, his wife, Plaintiffs V. KEVIN ANDERSON and ROXANE ANDERSON, his wife Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-3715 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS' ANSWER WITH NEW -MATTER Admitted in part and denied in part. It is admitted that Plaintiffs Donald E. Snoke, II and Carrie Snoke are adult individuals who, to Defendants' information and belief, are husband and wife. As for the remaining allegations of Paragraph 1, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments, and they are therefore denied. 2. Admitted. 3, No response is required as the lease agreement is a matter of record before this Court and its terms speaks for themselves. 4, Denied. The allegations of Paragraph 4 are specifically denied. In further answer, the Defendants leased to Plaintiffs, property on one tract of land owned by Defendants that contained one dwelling. The Defendants own a second tract of land on which another dwelling is located. 5. Conclusion of law, to which no response is required. To the extent a response is required, Defendants cannot respond inasmuch as Plaintiffs have failed to define the term 2 "control" as set forth in Plaintiffs' allegations. Defendants agreed to "demise" the premises at 120 Peach Orchard Road to Plaintiffs and Plaintiffs had control over the f the lease, including but not limited to control over the property pursuant to the terms o property for mowing and grounds keeping. In further answer, Defendants incorporate their answer to Paragraph 4, above. Therefore, the allegations are denied. 6. Denied. The allegations of Paragraph 6 are specifically denied. In further answer, the Plaintiff had no permission to ride motorcycles or ATV's on either of the Defendants' properties. Therefore, among other reasons, to the extent the alleged accident happened on property not leased to the Plaintiffs, Plaintiffs were trespassers during the subject activity. Further, the activity in which the Plaintiffs were allegedly engaged at the time and place alleged were outside the scope of the lease and not contemplated by the lease, and they were therefore trespassers at the time of the alleged activity. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 7 are specifically denied. In further answer, Defendants incorporate their answer to Paragraph 6 above. 8. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 8 are specifically denied. In further answer, Defendants incorporate their answer to Paragraph 6 above. 9, Denied. The allegations of Paragraph 9 are denied. In further answer, Defendants did not maintain "established trails" on their land. Further, Defendants incorporate their answer to Paragraph 6 above. 3 10. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments, and they are therefore denied. 11. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments, and they are therefore denied. 12. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments, and they are therefore denied. 13. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 13 are denied. 14. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 14 are denied. 15. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments, and they are therefore denied. 16. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments, and they are therefore denied. 17. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments, and they are therefore denied. 18. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 18 are denied. COUNTI 19. Paragraphs 1 through 18 above are incorporated herein by reference. 4 20. Denied as stated. While land owned by the Defendants contains a pipe housing a shut off valve for the water lines on the Defendants' land which water lines supply water to an adjacent property, it is denied that the pipe caused or contributed to any alleged accident and/or Plaintiffs' alleged injuries. It is further denied that the pipe is a "stand pipe." 21. Denied. The allegations of Paragraph 21 are denied. Plaintiff had actual or constructive knowledge of the pipe pursuant to, among other things, his obligations under the Lease. Further, Defendants are without knowledge or information sufficient to state whether the pipe was concealed by weeds and vegetation on the date of the alleged incident, as Defendants were not present on the date of the alleged incident. In still further answer, Plaintiff was charged with the obligation of mowing and grounds keeping at the time of the alleged incident. 22. Conclusion of law, to which no response is required. To the extent a response is required, Defendants are without knowledge or information sufficient to state the exact condition of the pipe on the date of the alleged incident, as Defendants were not present on the date of the alleged incident. 23. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 23 are denied. In still further answer, Defendants incorporate their answer to Paragraph 6 above. 24. Conclusion of law, to which no response is required. In further answer, Defendants incorporate their answer to Paragraph 6 above. 5 25, Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 25 are denied. In further answer, the pipe was not a "standpipe" and, in any event, did not present a hazard. In still further answer, Defendants incorporate their answer to Paragraph 6 above. 26. Denied. The allegations of Paragraph 26 are denied. In further answer, Defendants incorporate their answer to Paragraphs 21 and 25 above. 27. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 27 are denied. In further answer, Defendants incorporate their answer to Paragraph 25 above. 28. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 28 are denied. WHEREFORE, Defendants demand that Plaintiffs' Complaint be dismissed with prejudice and that judgment be entered in their favor and against the Plaintiffs, plus costs of this action. COUNT II 29. Paragraphs 1 through 28 above are incorporated herein by reference. 30. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 30 are specifically denied. In further answer, Defendants incorporate their answer to Paragraph 25 above. 31. Conclusion of law, to which no response is requited. To the extent a response is required, the allegations of Paragraph 31 are denied. In further answer, Defendants incorporate their answer to Paragraph 25 above. 6 32. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 32 are denied. WHEREFORE, Defendants demand that Plaintiffs' Complaint be dismissed with prejudice and that judgment be entered in their favor and against the Plaintiffs, plus costs of this action. NEW MATTER 33. Paragraphs 1-32 above are incorporated herein by reference. 34. Plaintiffs' claims are barred, in whole or in part, by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 35. It is believed and therefore averred the Plaintiffs' have failed to mitigate their damages. 36. Plaintiffs assumed the risk of their injuries. 37. Plaintiffs were comparatively and/or contributorily negligent. 38. The alleged injuries sustained by the Plaintiffs' were caused solely by the negligence, carelessness and recklessness of the Plaintiff Donald Snoke and he was comparatively and/or contributorily negligent in: a. Operating his motorcycle too fast for conditions. b. Failing to exercise reasonable care and caution while traveling on unimproved land. C. It is believed and therefore averred, operating his motorcycle after consuming alcohol. d. Riding his motorcycle on property without the authority to do so; 7 e. Failing to keep a proper look out for conditions then and there existing; f. Failing to maintain and grounds keep the area where the alleged incident occurred; g. Failing to inspect the area in which he was riding; h. Failing to exercise that degree of care, caution and skill reasonably required under all the circumstances. 39. If Plaintiffs sustained damages as alleged, which is denied and of which strict proof is demanded, the same were caused by conditions for which Defendants are not responsible and/or the damages were not causally related to this accident. 40. If the Plaintiffs sustained damages as alleged, which is denied and of which strict proof is demanded, the same were caused by persons or parties over whom Defendants had no responsibility, authority or control. 41. Plaintiffs' claims are barred by the doctrine of release and waiver. 42. Plaintiffs' claims are barred by failure of consideration. 43. Plaintiffs' claims are barred by the "choice of ways" doctrine. 44. Plaintiffs were trespassers when they conducted the activity alleged at the time and place alleged, and therefore, no duty was owed. 45. Defendants owed no duty to the Plaintiffs. 46. To the extent the alleged accident happened on property not leased to the Plaintiffs, Plaintiffs were trespassers during the subject activity. 8 47. Plaintiffs were trespassers at the time of the alleged activity since they had no permission, express or implied, to be engaged in riding motorcycles on the property. 48, Further, the activity in which the Plaintiffs were allegedly engaged at the time and place alleged were outside the scope of the lease and not contemplated by the lease, and they were therefore trespassers at the time of the alleged activity. 49. Because Plaintiffs were trespassers during the activities alleged, they cannot recover under any theory of law. 50. Plaintiffs' breach of contract action fails to state a claim upon which relief can be granted. 51. In the alternative, pursuant to the terms of the lease, Plaintiffs were responsible for mowing and grounds keeping and therefore had actual or constructive knowledge of the conditions of the property on which the alleged accident occurred. 52. Further, Plaintiffs' cause of action for breach of contract is barred by their breach of the lease agreement for reasons including, but not limited to, their failure to mow and grounds keep and their participating in the activities alleged in the Complaint. 53. Pursuant to the terms of the lease agreement, Plaintiffs "shall be responsible for themselves and their family and any visitors and will assume all liability for same." Therefore, Plaintiffs' claims are barred. 54. In the alternative, Plaintiffs' claims are barred by the Recreation Use of Land and Water Act (RULWA) 68 P.S. §477-1 et seq. 9 WHEREFORE, Defendants demand that Plaintiffs' Complaint be dismissed with prejudice and that judgment be entered in their favor and against the Plaintiffs, plus costs of this action. Respectfully NESTICO, DR By: Date: B. Dnaby, Esqui I. D. No. 61904 840 East Chocolate Avenue Hershey, Pennsylvania 17033 (717) 533-5406 (717) 533-5717 Attorney for Defendants 10 L.L.P. VERIFICATION I, Roxane Anderson, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: -06A-5- 03 Roxane Anderson VERIFICATION I, Kevin Anderson, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S authorities. Date: *a?- relating to unsworn falsification to §4904 Kevin Anderson CERTIFICATE OF SERVICE I, Richard B. Druby, of th?e,Ila/w?firm of Nestico, Druby &, Hildabrand, LLP, hereby certify that on the `? ?° - day of September, 2003, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Anthony Stefanon 407 N. Front Street ,Q Harrisburg, PA 171 -TJ < t O - DONALD E. SNOKE, II and : IN THE COURT' OF COMMON PLEAS CARRIE SNOKE, his wife, Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA vs :NO. 03-3715 Civil KEVIN ANDERSON and : CIVIL ACTION - LAW ROXANE ANDERSON, his wife Defendants : JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER 33. This paragraph contains no averments of fact to which Plaintiffs may reply. 34. Denied. The averments of this paragraph are conclusions of law not requiring answer by Plaintiffs. To the extent that answer may be required, it is averred that the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law do no t apply to motorcycles operated off public roads. The motorcycle operated by Mr. Snoke at the time of the incident was not licensed for operation on the public highways. 35. Denied. To the contrary, Plaintiffs have no means to mitigate their damages in this case. The injuries and damages suffered by Plaintiffs have been caused by the acts and omissions of Defendants, and are out of the control of Plaintiffs. 36. Denied. Plaintiffs specifically deny the voluntary assumption of any known risk whatsoever. 37. Denied. Plaintiffs specifically deny any causal negligence whatsoever on the part of Plaintiffs. 38. Denied. Plaintiffs specifically deny any causal negligence whatsoever on the part of Plaintiff Donald Snoke. Furthermore, plaintiffs: (a) Deny that he operated his motorcycle too fast for conditions; and (b) Deny that he failed to exercise reasonable care and caution while traveling on unapproved land; and (c) Deny that he consumed alcohol prior to operating the motorcycle and deny that his ability to operate the motorcycle was impaired in any fashion; and (d) Deny that he rode his motorcycle on the property without authority to do so; and (e) Deny that he failed to keep a proper lookout for conditions then and there existing; and (f) Deny that he failed to maintain the grounds and keep the area where the alleged incident occurred; and (g) Deny that he failed to inspect the area in which he was riding; and (h) Deny that he failed to exercise that degree of care, caution and skill reasonably required under the circumstances. 39. Denied. To the contrary, the injuries and damages sulTered by Plaintiffs were caused by the acts and omissions of Defendants as set forth in Plaintiffs' Complaint. 40. Denied. The injuries and damages suffered by Plaintiffs were caused by the acts and omissions of Defendants as set forth in Plaintiffs' Complaint. 41. Denied. The averments of this paragraph are conclusions of law not requiring answer by Plaintiffs. Plaintiffs specifically deny any release. 42. Denied. The averments of this paragraph are conclusions of law not requiring answer by Plaintiffs. 43. Denied. Plaintiffs specifically deny that any "choice of ways" was presented to Mr. Snoke. By way of further answer, the averments of this paragraph are conclusions of law not requiring answer by Plaintiffs. 44. Denied. To the contrary, Plaintiffs were business invitees upon the premises of Defendants as set forth in Plaintiffs' Complaint. 45. Denied. The averments of this paragraph are conclusions of law not requiring answer by Plaintiffs. 46. Denied. To the contrary, Plaintiffs were business invitees upon the premises of Defendants as set forth in Plaintiffs' Complaint. 47. Denied. To the contrary, Plaintiffs were business invitees on the premises of Defendants with the full knowledge, permission, and license of Defendants as set forth in Plaintiffs' Complaint. 48. Denied. To the contrary, Plaintiffs were business invitees on the premises with the full knowledge, permission and license of Defendants as averred in Plaintiffs' Complaint. 49. Denied. The averments of this paragraph are conclusions of law not requiring answer by Plaintiffs. 50. Denied. The averments of this paragraph are conclusions of law not requiring answer by Plaintiffs. 51. Denied. To the contrary, Plaintiffs deny any knowledge of the condition of the grounds which caused the injuries and damages to Plaintiffs. By way of further answer, the house leased by Plaintiffs was located on a 15 acre tract of land owned by Defendants which tract is identified by Cumberland County assessment number 31-13-0112-009A. As part ofthe lease agreement, Plaintiffs agreed to mow a limited amount of the tract around the house and pond located on the tract. Plaintiffs had no obligation to mow the entire tract and had no obligation to mow the portion of the tract where the stand pipe was located. Defendants created and maintained the trails on their property, including the one on which Plaintiff was riding when he was injured. 52. Denied. Plaintiff specifically deny any breach oftheir lease agreement. By way of further answer, the Lease Agreement imposed no obligation on Plaintiffs to discover or maintain the defective condition of Defendants' property. 53. Denied. The averments of this paragraph are conclusions of law not requiring answer by Plaintiffs. If answer is required, the exculpatory clause in Defendants' lease is void as against public policy. By way of further answer, that exculpatory clause does not release Defendants from liability for their own negligent acts or omissions. 54. Denied. The averments of this paragraph are conclusions of law not requiring answer by Plaintiffs. If answer is required, the Plaintiffs aver that the Recreational Use of Land and Water Act does not apply to artificial improvements in the land of the Defendants which artificial improvements cause injury to persons in the position of Plaintiffs. RESPECTFULLY SUBMITTED, By: I.D.#25497 407 North Fr nt S et P.O. Box 120 r-? Harrisburg, PA. 17108-2027 (717)232-0511 DATE: / - I2 -C VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing PLAINTIFFS' REPLY TO NEW MATTER are true and correct to the best of his knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa CSA Section 4904 relating to unswom falsification to authorities. ONALD E II DATE: / // a? VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing PLAINTIFFS' REPLY TO NEW MATTER are true and correct to the best of her knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa CSA Section 4904 relating to unworn falsification to authorities. CARRIE SNOKE DATE: CERTIFICATE OF SERVICE The undersigned hereby certifies that, on the date below, he served a true copy of PLAINTIFFS' REPLY TO NEW MATTER, on the person listed below, at the address set forth by First Class United States Mail: Richard B. Druby, Esquire NESTICO, DRUBY & HILDABRAND, L.L.P. 840 East Chocolate Avenue Hershey, PA 17033 I.D.#25497 ' 407 North wt Street P.O. Box 12027 Harrisburg, PA 17108-2027 (717) 232-0511 DATE: 9-17,-OS r; , , ??" G':. ?.?: c::; _-: ?- °? c.:, ` ;; __ .. =? - .. _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SNOKE & SNOKE, H/W Vs. ANDERSON & ANDERSON H/W NO. 033.715 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 RICHARD B DRUBY, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 02/26/04 RICHARD B DRUBY, ESQUIRE 840 E CHOCOLATE AVE HERSHEY, PA 17033 717-533-5406 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) By: Sandra Venziale File #: M307878 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SNOKE & SNOKE, H/W Vs. ANDERSON & ANDERSON H/W TO: ANTHONY STEFANON, ESQ (PLAINTIFF) No. 033715 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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 the subpoena may be served. Date: 02/05/04 RICHARD B DRUBY, ESQUIRE 840 E CHOCOLATE AVE HERSHEY, Pik 17033 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3336 By: Sandra Venziale Enc(s): Copy of subpoena(s) Counsel return card File #: M307878 C0t43t]WEALTH OF rtz" LVANIA CODNPY OF CLP90UAM SNOKE & SNOKE, H/W Vs. File No.. 033715 ANDERSON & ANDERSON H/W SUBPOENA TO PRODUCE DOCUIENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CRESSCARE MEDICAL, 396 ALEXANDER SPRINGS RD, CARLISLE PA 17013 TO: (Name of Person or Entity within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents things: SEE T°rAUTIED ADDENDUM at -- --- MEDICAL LEGAL REPRODUCTIONSFAcMgss?940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the docunents or produce things requested h) this subpoena, together with the certificate of compliance, to the party making thi_ request at the address listed above. You have the right to seek in advance the reasonabIE cost of preparing the copies or producing the things sought. If you fail to produce the docunents or things required by this subpoena within twenty (20) days after its service, the party serving this, subpoena may seek a court orde;- cnnpelling you to omply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: RTCHARD B DRUBY, ESQ ADORESS: - o?TE AIM TELEPHONE: HERSHEY, PA 17033 SUPREME COl1RT ID # 215-335-3212 ATTORNEY FOR: _ DEFENDANT BY TFE COURT: M307878-A1 Prot ? tary 4k,vill Division DATE: !? Rr ?(1LJ `_ Seal of the Court - Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA SNOKE & SNOKE, H/W Vs. No. 033715 ANDERSON & ANDERSON H/W CUSTODIAN OF RECORDS FOR: CRESSCARE MEDICAL ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, INFORMATION RERLATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: DONALD E SNOKE ADDRESS: 120 PEACH ORCHARD RD NEWVILLE PA DATE OF BIRTH: 07/20/65 SSAN: 180622060 ALL RECORDS FROM THE BEGINNING OF TIME UNTIL THE PRESENT. CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN ( records that ,ATTACHED to hbeHERETO. I hereby certify as custodian st of my knowledge, information and of belief all documents or things above mentioned have been produced. I NO has DOCUMENTS been made and that Eno record ofrtheyfothat a llowinghdocuments search been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for CRESSCARE MEDICAL CUMBERLAND M307878-01 *** SIGN AND RETURN THIS PAGE *** CONY•1 VMLTH OF PENNSYLVANIA: COUNTY OF (SID TO: SNOKE & SNOKE, H/W Vs. ANDERSON & ANDERSON H/W File No. Og3715 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 CRESSCARE MEDICAL, C/O CARE CAPITAL MGMT, 1800 LINGLESTOWN RD #103 of Person or Entity Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following tents things: SEE ATTACHED at MEDICAL LEGAL REPRODUCTIONS(,ACBss?940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the docunents or produce things requested t? this subpoena, together with the certificate of conpIiance, to the party making thi_ request at the address listed above. You have the right to seek in advance the rea^.onable 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 thir, subpoena may seek a court order czmpelling you to omply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: RTf'HAR1? R inRIIBY, ESQ ADDRESS: -- g E AVE HERSHEY, PA 17033 TELEPHONE: - SUPREME ODURT ID ATTORNEY FOR:- M307878-02 215-335-3212 DEFENDANT seal of the Comet BY T7Prot OURT;? - h(x tar k, ivil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA SNOKE & SNOKE, H/W Vs. ANDERSON & ANDERSON H/W No. 033715 CUSTODIAN OF RECORDS FOR: CRESSCARE MEDICAL ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: DONALD E SNOKE ADDRESS: 120 PEACH ORCHARD RD NEWVILLE PA DATE OF BIRTH: 07/20/65 SSAN: 180622060 ALL RECORDS FROM THE BEGINNING OF TIME UNTIL THE PRESENT. CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] has DOCUMENTS been made and AVAILABLE. Eno record of certify the fothat a llowinghdocum documents search been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signat CRESSCARE MEDICAL CUMBERLAND M307878-02 * * * SIGN AND RETURN THIS PAGE * * * *MEALTH OF PENNSYLVANIA. COUNTY OF C UKBER1M SNOKE & SNOKE, H/W Vs. ANDERSON & ANDERSON H/W File No. 033715 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO %&E4009.22 HANGER PROTHESTICS ASSOCS, D/B/A TEUFEL OR.THOTICS, 915 N HANOVER ST TO: - RTTZARRTHTOWN AA 17022 --- (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: at MEDICAL LEGAL REPRODUCTIONS(,AdWgss)940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the docLmnts or produce things requested h> this subpoena, together with the certificate of canpliance, to the party making thi: request at the address listed above. You have the right to seek in advance the rea,onablE cost of preoaring 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 thin, subpoena may seek a court orde cxmpelling you to conply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: RT('HARn B DRSIEY, ESQ ADDRESS: E AVE HERSHEY, PA 17033 TELEPHONE: SUPREME OOURT ID ATTORNEY FOR: M307878-03 215-335-3212 DEFENDANT DATE: 09 ?. 4 z&)`/ Seal offthe Court BY THE COURT: Prot tart/Cl , iv Division jer Deputy (Eff. 7/9T) ADDENDUM TO SUBPOENA SNOKE & SNOKE, H/W Vs. No. 033715 ANDERSON & ANDERSON H/W CUSTODIAN OF RECORDS FOR: HANGER PROTHESTICS ASSOCS ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, INFORMATIONXRELLATING TOS ANY HISTORY EXAMINATION OR TREATMENT ERENNDE ED OTHER NAME: DONALD E SNOKE ADDRESS: 120 PEACH ORCHARD RD NEWVILLE PA DATE OF BIRTH: 07/20/65 SSAN: 180622060 ALL RECORDS FROM THE BEGINNING OF TIME UNTIL THE PRESENT. CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby cert ify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. the yfotat a llowinghdocuments search [ has DOCUMENTS made and that no record of certify been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or HANGER PROTHESTICS ASSOCS CUMBERLAND M307878-03 * * * SIGN AND RETURN THIS PAGE * * * CpNTDNWEALTH OF PESINSYLVANIA COUNPY OF (SID SNOKE & SNOKE, H/W Vs. ANDERSON & ANDERSON H/W File No.. 033715_______ SUBPOENA TO PRODUCE DOCLA'ENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CARLISLE IMAG ASSOCS, C/O WALNUT BOTTON RAD, 246 PRAKER ST TO: C RT S E AL l 7nl R-_1L A - --- (Nm-e of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doairents or things: SEE ATTACHED ADDEND at MEDICAL LEGAL REPRODUCTIONS(,AdWCOSS4940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested ti this subpoena, together with the certificate of compliance, to the party making thi: request at the address listed above. You have the right to seek in-advance the rea.onablE 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 thin subpoena may seek a court ordee• cxxmelling you to cmply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Rrruaun n nurtnY, ESQ ADDRESS: --g E AVE TELEPHONE: HERSHEY, PA 17033 SUPREME COURT ID # 215-335-3212 ATTORNEY FOR: DEFENDANT M307878-04 DATE: „2 _ Seal of he court BY THE COURT: Pro?atary, , vil Division --- -- Deputy - (Eff. 7/97) ADDENDUM TO SUBPOENA SNOKE & SNOKE, H/W Vs. ANDERSON & ANDERSON H/W No. 033715 CUSTODIAN OF RECORDS FOR: CARLISLE IMAG ASSOCS ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, TO: MEMORANDA, XX-RAY RELATING TO REPORTS, EXAMINATION OR INDEX TREATMENT RENDERED O NAME: DONALD E SNOKE ADDRESS: 120 PEACH ORCHARD RD NEWVILLE PA DATE OF BIRTH: 07/20/65 SSAN: 180622060 ALL RECORDS FROM THE BEGINNING OF TIME UNTIL THE PRESENT. CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] has DOCUMENTS made and that no rec rd ofrtheyfotat a llowinghdocum documents search been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or CARLISLE IMAG ASSOCS CUMBERLAND M307878-04 * * * SIGN AND RETURN THIS PAGE * * * COMMONWEALTH OF PENNSYLVANIA. COONPY OF CUMBERLAW SNOKE & SNOKE, H/W Vs. ANDERSON & ANDERSON H/W File No. 033715 _ SUBPOENA TO PRODUCE DOCUMENTS dI THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 PROMED SERVICES INC, NEWVILLE AMBULANCE, 4807 JONESTOWN RD STE 247 uARRTSBURL'i PA_i ?? 09 -- -- TO. (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 th SEE ings: i ` at MEDICAL LEGAL REPRODUCTIONSFAdT#GssA940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested t? this subpoena, together with the certificate of crnpliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preoaring 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 thin, subpoena may seek a court orde-- cxxmelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: RTrun.Rn B D UY, ESQ ADDRESS: ---g E AVE HERSHEY, PA 17033 TELFPHONE: SUPREIE COURT ID ATTORNEY FOR:- M307878-05 215-335-3212 DEFENDANT DATE: Seal of the court BY TFE COURT: Prot rotary/ k, it Division Deputy (Eff. 7/g7) ADDENDUM TO SUBPOENA SNOKE & SNOKE, H/W Vs. ANDERSON & ANDERSON H/W No. 033715 CUSTODIAN OF RECORDS FOR: PROMED SERVICES INC ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, TO SANY HISTORY OR INDEX CARDS MEMORANDA, X-RAY REPORTS, RENDEREDOTO: NAME: DONALD E SNOKE ADDRESS: 120 PEACH ORCHARD RD NEWVILLE PA DATE OF BIRTH: 07/20/65 SSAN: 180622060 ALL RECORDS FROM THE BEGINNING OF TIME UNTIL THE PRESENT. CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN to t he DbeHERETO: I st of my knowledge, inforas custodian mation on and of RECORDS ecords that ,ATTACHED ( ) r belief all documents or things above mentioned have been produced. documents search no record of certify fothat a :llowingthorough have has DOCUMENTS made and AVAILABLE: been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Aut?iorized signatur PROMED SERVICES INC CUMBERLAND M307878-05 * * * SIGN AND RETURN THIS PAGE * * * 0014440NWFP.T.TR OF PENNSYLVANIA CODN7.'Y OF CII?RIArID SNOKE & SNOKE, H/W Vs. ANDERSON & ANDERSON H/W File No. 033715 _ SUBPOENA TO PRODUCE DOCUIENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 APPALACHIAN ORTHO CTR, 1 DUNWOODY DR, CARLISLE PA 17013 TO: (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 things: SEE ATTACHED ADISEftbU1« at -_ a - - MEDICAL LEGAL REPRODUCTIONS(,Adffgss)940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the docunents or produce things requested t• this subpoena, together wit!) the certificate of cortpliance, to the party making thi: request at the address listed above. You have the right to seek in advance the reasonablE cost of preoaring the copies or producing the things sought. If you fail to produce the docunents or things required by this subpoena within twenty (20) days after its service, the party serving thin, subpoena may seek a court orde-- c=pelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: RTf HARn R D$II$Y, ESQ ADDRESS: E AVE emeea- TELEPHONE: HERSHEY, PA 17033 SUPREME OOURT ID # 215-335-3212 ATTORNEY FOR DEFENDANT M307878-06 DATE: ,? ... 9 °A_ _._ Seal of the Court BY THE OOURT:? Pro wtar , ivil Division---- Deputy (Eff. 1/97) ADDENDUM TO SUBPOENA SNOKE & SNOKE, H/W Vs. ANDERSON & ANDERSON H/W No. 033715 CUSTODIAN OF RECORDS FOR: APPALACHIAN ORTHO CTR ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, INFORMATION XRELAAT RELATING TO REPORTS, ANY HISTORY OR TREATMENT AND RENDERED TO: NAME: DONALD E SNOKE ADDRESS: 120 PEACH ORCHARD RD NEWVILLE PA DATE OF BIRTH: 07/20/65 SSAN: 180622060 ALL RECORDS FROM THE BEGINNING OF TIME UNTIL THE PRESENT. CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN ( ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. and that no record ofrtheyfothat llowinghdocuments search ( ] has been made AVAILABLE. been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature APPALACHIAN ORTHO CTR CUMBERLAND M307878-06 * * * SIGN AND RETURN THIS PAGE * * * CpM+DMEALTH OF PFNNMVANIA COUNTY OF CUKBERLAND SNOKE & SNOKE, H/W Vs. ANDERSON & ANDERSON H/W F i l e NO,. _ 03315 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 VASCULAR ASSOCS, 816 BELVEDERE ST, CARLISLE PA 17013 TO: -- (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doaments things: SEE ALITA-CIM ADDENDUM at MEDICAL LEGAL REPRODIICTIONSFAcffgss?940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of comliance, to the party making thi= request at the address listed above. You have the right to seek in advance the reasonable cost of preoaring 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 thin subpoena may seek a court orde cxmpelling you to conply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME; RICHARD R DRUBY, ESQ ADDRESS: --g E AVE HERSHEY, PA 17033 TELEPHONE: SUPREME COURT ID ATTORNEY FOR: _ M307878-07 215-335-3212 DEFENDANT DATE : 3. t Co " _ Seal the Court BY THE COURT: Prot airy , vil Division Deputy (Eff. 1/97) ADDENDUM TO SUBPOENA SNOKE & SNOKE, H/W Vs. ANDERSON & ANDERSON H/W No. 033715 CUSTODIAN OF RECORDS FOR: VASCULAR ASSOCS ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, TO: MEMORANDA, XX-RAY TO REPORTS, HISTORY OR INDEX TREATMENT RENDERED ANY OTHER NAME: DONALD E SNOKE ADDRESS: 120 PEACH ORCHARD RD NEWVILLE PA DATE OF BIRTH: 07/20/65 SSAN: 180622060 ALL RECORDS FROM THE BEGINNING OF TIME UNTIL THE PRESENT. CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. the yfothat a llowinghdocuments search [ ] has DOCUMENTS been made and that Eno record of certify been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or VASCULAR ASSOCS CUMBERLAND M307878-07 * * * SIGN AND RETURN THIS PAGE * * * O0 44WA LTH OF PEBII4SYLVANLA OCUNry OF ( mERLA'ID SNOKE & SNOKE, H/W Vs. File No. 033715-?_?-_-.--- ANDERSON & ANDERSON H/W SUBPOENA TO PRODUCE DOCUIENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 VASCULAR ASSOCS, 800 POPLAR CHURCH RD, CAMP HILL PA 17011 TO: - - - (Name of Person or Ent Within twenty (20) days after service of this subpoena,, you are ordered by the court to produce the following documents or things: at MEDICAL LEGAL REPRODUCTIONS(,Adflgss?940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested t? this subpoena, together with the certificate of compliance, to the party making thi: 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 thin subpoena may seek a court orde,- cmpelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME; RTCHARD B DRUBY, ESQ ADDRESS: E AVE HERSHEY, PA 17033 TELEPHONE:_ _ SUPREME COURT ID ATTORNEY FOR: M307878-08 215-335-3212 DEFENDANT DATE : _ -jC/ w gOll?------ Sealhe Court BY THE COURT: Prothonotary/ ivil sion Deputy (Eff. 7/97) ADDENDUM SNOKE & SNOKE, H/W Vs. ANDERSON & ANDERSON H/W No. 033715 CUSTODIAN OF RECORDS FOR: VASCULAR ASSOCS ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY SINTREATENT RENDS ED OTHER INFORMATION RELATING TO ANY EXAMINATION OR TO: NAME: DONALD E SNOKE ADDRESS: 120 PEACH ORCHARD RD NEWVILLE PA DATE OF BIRTH: 07/20/65 SSAN: 180622060 ALL RECORDS FROM THE BEGINNING OF TIME UNTIL THE PRESENT. CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO.I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] has DOCUMENTS been made and that Eno record ofrtheyfothat a llowing hdocum nts search been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authoriz VASCULAR CUMBERLAND M307878-08 TO SUBPOENA * * * SIGN AND RETURN THIS PAGE * * * NWEALTH OF PIIqqSnV-MI COUNry OF a343ERL W SNOKE & SNOKE, H/W Vs. ANDERSON & ANDERSON H/W File No. 033715 SUBPOENA TO PRODUCE DO VENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 PENNS WOOD PHYS THERAPY, 419 STONEHEDGE DR #3, CARLISLE PA 17013 TO: -?-- (Name of Person or Entity') Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doaments or things: ---- SEE A ' at MEDICAL LEGAL RSPRODUCTIONS(1ACff9Ss?940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested h this subpoena, together with the certificate of crnriliance, to the party making thi_ request at the address listed above. You have the right to seek in advance the rea^onabie cost of preparing the copies or producing the things sought. If you fail to produce the docunents or things required by this subpoena within twenty (20) days after its service, the party serving thi3 subpoena may seek a court orde-- cxmpelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: RT( -- B 1),1R.UY, ESQ ADDRESS: E AVE HERSHEY, PA 17033 TELEPHONE: SUPREME COURT ID ATTORNEY FOR:_ M307878-09 215-335-3212 DEFENDANT DATE:? of the 3(l - Seal of he Court t BY THE OOURT:Wter ivil Division - Pro c Deputy (Eff. 7'/97) ADDENDUM SNOKE & SNOKE, H/W Vs. ANDERSON & ANDERSON H/W TO SUBPOENA No. 033715 CUSTODIAN OF RECORDS FOR: PENNS WOOD PHYS THERAPY ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, XX-AY TO REPORTS, ANY I EXAMINATION OR INDEX TREATMENT ENDRE INFORMATION R D TO: NAME: DONALD E SNOKE ADDRESS: 120 PEACH ORCHARD RD NEWVILLE PA DATE OF BIRTH: 07/20/65 SSAN: 180622060 ALL RECORDS FROM THE BEGINNING OF TIME UNTIL THE PRESENT. CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN HERETO. custodian Rreco ds tha ,ATTA tot he best of myhknowledge, informat on and of belief all documents or things above mentioned have been produced. no record ofrtheyfothat a llowinghdocuments search ( ) has DOCUMENTS been made and AVAILABLE: been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Aut orize signature or PENNS WOOD PHYS THERAPY CUMBERLAND M307878-09 * * * SIGN AND RETURN THIS PAGE * * * 7WEALTH OF PENNSYLVANIA COUNTY OF aRMERIM- SNOKE & SNOKE, H/W Vs. File No. 033715 ANDERSON & ANDERSON H/W SUBPOENA TO PROOl1CE DOCU 1ENTS OR TH I NOS FOR DISOOVERY PURSUANT TO RULE 4009.22 CENTRAL PENN MED GROUP, PO BOX 468, E PETERSBURG PA 17520-0468 TO: (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 at --- MEDICAL LEGAL REPRODUCTIONS(,AC @SS)4940 DISSTON ST., PHILA., PA you may deliver or mail legible copies of the documents or produce things requested b this subpoena, together with the certificate of compliance, to the party making thi; 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 thi,a subpoena may seek a court orde-- ompel l ing you to con ply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: RI('HART] R DRUBY, ESQ ADDRESS: -8E AVE HERSHEY, PA 17033 TELEPHONE: SUPREME OOLIRT ID ATTORNEY FOR:- M307878-10 215-335-3212 DEFENDANT DATE:A-?- - seal df the Court By THE COURT: ProtF?r?Otar , vil Division --~ Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA SNOKE & SNOKE, H/W Vs. I No. 033715 ANDERSON & ANDERSON H/W CUSTODIAN OF RECORDS FOR : CENTRAL PENN MED GROUP ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, TO ANY EXAMINATION OR INDEX RENDERED TO: NAME: DONALD E SNOKE ADDRESS: 120 PEACH ORCHARD RD NEWVILLE PA DATE OF BIRTH: 07/20/65 SSAN: 180622060 ALL RECORDS FROM THE BEGINNING OF TIME UNTIL THE PRESENT. CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN the best of my knowledge, information and of ( ) reco dss thhaat,ATTACHED belief all documents or things above mentioned have been produced. no record ofrtheyfothat a l.lowinghdocum documents search have has DOCUMENTS been M made AVAILABLE: been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorizea signauuio CENTRAL PENN MED GROUP CUMBERLAND M307878-10 * * * SIGN AND RETURN THIS PAGE * * * CpmDNWFFALTH OF PY3aISYLVANIA COUNTY OF CUKBERIAM- SNOKE & SNOKE, H/W Vs. ANDERSON & ANDERSON H/W File No. 033715 _ SUBPOENA TO PRODUCE DOCUIENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 BLUE MOUNTAIN ANESTHESIA, PO BOX 249, GREENCASTLE PA 17225 TO: ?- (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 thi gs- SEE DEN at MEDICAL LEGAL REPRODUCTIONS(,AdW@SSl940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the docunents or produce things requested t,> this subpoena, together with the certificate of compliance, to the party making thi: request at the address listed above. You have the right to seek in advance the rea ,onab1E 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 thi: subpoena may seek a court orde;- cxm yelling you to conply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: u7?uAvn B pgIIHY, ESQ ADDRESS!--------840 E E AVE HERSHEY, PA 17033 TELEPHONE: _ SUPREME COURT ID # 215-335-3212 ATTORNEY FOR, DEFENDANT M307878-11 DATE: 1, 2 e14V `f Seal the court By TI-E COURT: Protb(onot er civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA SNOKE & SNOKE, H/W Vs. No. 033715 ANDERSON & ANDERSON H/W CUSTODIAN OF RECORDS FOR: BLUE MOUNTAIN ANESTHESIA ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, XREELSINTREATMENT RENDERE OTHER INFORMATION RELATING TO ANY EXAMINATION OR D TO: NAME: DONALD E SNOKE ADDRESS: 120 PEACH ORCHARD RD NEWVILLE PA DATE OF BIRTH: 07/20/65 SSAN: 180622060 ALL RECORDS FROM THE BEGINNING OF TIME UNTIL THE PRESENT. CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE ,AND RETURN ( ) recordssttha ,ATTACHED beHERETO. I hereby certify as custodian st of my knowledge, information and of belief all documents or things above mentioned have been produced. no record ofrtheyfothat a l?lowinghdocuments search have has DOCUMENTS been made and AVAILABLE: been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorizea signaLure ivy BLUE MOUNTAIN ANESTHESIA CUMBERLAND M307878-11 * * * SIGN AND RETURN THIS PAGE * * * ( NWFALTH OF PENNSYLVANIA COONPY OF (x1N!>3ERLAIID SNOKE & SNOKE, H/W Vs. ANDERSON & ANDERSON H/W File No. 033715 -?? SUBPOENA TO PRODUCE DOCLkENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CARLISLE HOSP, 246 PARKER ST BOX 4100, CARLISLE PA 17013 TO: l ATTN. MEDIC FL RE:ORRDS DEPT _ --- (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doc unents or things: gAT'I ADDENDUM ^- ast MEDICAL LEGAL REPRODUCTIONS(,AdjWgss)4940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested h this subpoena, together with the certificate of ccnpliance, 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 thin subpoena may seek a court orde;• camelling you to ccnply with it. THIS SUBPOENA WAS ISSUED.AT THE REOUEST OF THE FOLLOWING PERSON: NAME: RTCHAU B DRUBY, ESQ ADDRESS: -- -g e.' E AVE HERSHEY,-PA-17033 TELEPHONE: SUPREME COURT ID ATTORNEY FOR: M307878-12 215-335-3212 DEFENDANT DATE: 9_2L'_ the Court Seal df? BY THE COURT1 Prot tart' 4??il Division Deputy (Eff. -1/97) ADDENDUM TO SUBPOENA SNOKE & SNOKE, H/W Vs. No. 033715 ANDERSON & ANDERSON H/W CUSTODIAN OF RECORDS FOR: CARLISLE HOSP Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient records physical therapy records, and any other information pertaining to: NAME: DONALD E SNOKE ADDRESS: 120 PEACH ORCHARD RD NEWVILLE PA DATE OF BIRTH: 07/20/65 SSAN: 180622060 ALL RECORDS FROM THE BEGINNING OF TIME UNTIL THE PRESENT. ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] has DOCUMENTS made and that no record of certify the fothat a llowinghdocum documents search been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Aut orize signature or CARLISLE HOSP CUMBERLAND M307878-12 * * * SIGN AND RETURN THIS PAGE * * * com DNWEALTH OF PENNSYLVANIA COUNTY OF SNOKE & SNOKE, H/W Vs. ANDERSON & ANDERSON H/W File No. 033715 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 DR JAY TOWNSEND, 100 S HIGH ST, NEWVILLE PA 17241-7409 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents SEE gA TTACRED at -- MEDICAL LEGAL REPRODUCTIONSfAcU90 940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the docur:ants or produce things requested h> this subpoena, together with the certificate of camliance, 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 thi:, subpoena may seek a court orde;- c mpelling you to oonply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: RICHARD B )RUBY, ESQ ADDRESS: ---- a40 H eiieee- E AVE HER RY,-PA3'7033 TELEPHONE:_ _ SUPREhE COURT ID ATTORNEY FOR M307878-13 215-335-3212 DEFENDANT DATE:r ole"f Seal o the Court sy THE COURT: --Prot tar k, vil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA SNOKE & SNOKE, H/W Vs. ANDERSON & ANDERSON H/W No. 033715 CUSTODIAN OF RECORDS FOR: DR JAY TOWNSEND ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, XX-AY TO REPORTS, ANY I EXAMINATIN OR INDEX TREATMENT ER NDRED O INFORMATION R TO: NAME: DONALD E SNOKE ADDRESS: 120 PEACH ORCHARD RD NEWVILLE PA DATE OF BIRTH: 07/20/65 SSAN: 180622060 ALL RECORDS FROM THE BEGINNING OF TIME UNTIL THE PRESENT. CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN ( ) recodss thARE at, ATTACHED o hbeHERETO., I hereby st of my knowledge, information and as custodian of belief all documents or things above mentioned have been produced. has DOCUMENTS been made and that Eno record ofrtheyfothat a llowinghdocum documents search have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature ox. DR JAY TOWNSEND CUMBERLAND M307878-13 * * * SIGN AND RETURN THIS PAGE - CJ Cq O 1 3 r- 1 "n m, DONALD E. SNOKE, II and CARRIE SNOKE, his wife, Plaintiffs V. KEVIN ANDERSON and ROXANE ANDERSON, his wife Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-3715 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED As a prerequisite to service of s subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) a notice of intent to serve subpoenas with a copy of the subpoenas 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 subpoenas, is attached to this certificate; (3) the twenty days was waived by opposing counsel; and (4) the subpoenas which will be served are identical to the subpoenas which are attached?cfJthe notice of intent to serve the subpoena. ? , N Date: By: RAard B. Druby, Es&we / ttorney I.D. No. 61904 840 East Chocolate Avenue Hershey, PA 1.7033 (717) 533-5406 (717) 533-5717 Attorney for Defendants Kevin and Roxane Anderson DONALD E. SNOKE, II and CARRIE SNOKE, his wile, IN TI IE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. KEVIN ANDERSON and ROXANE ANDERSON, his wife Defendants No. 03-3715 CIVIL CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objections are made the subpoenas may be served. Subpoenas are for the following: 1. Kinsley Construction 2. McNaughton Paving 3. Conowago Construction Concrete 4. Liberty Excavators, Inc. 5. International Union of Operating Engineers Respectfully .-231 Date: 4? NESTICO, D By: Richard B. DruW Wuire Attorney I.D. No. 69104 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 (717) 533-5717 Attorney for Defendants , L.L.P. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DONALD E. SNOKE, II and CARRIE SNOKE, Plaintiffs V. KEVIN ANDERSON and ROXANE ANDERSON, his File No. 03-3715 Civil wife, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Kinslev Construction, 1110 E Princess St York PA 17403 2543 (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: the complete employment fiIP of Donald F. anok , Ir 1 are 180 19 1nap1 including butneltimited to, any employment applications, wage records, / and termina on letters or reports. suspiensionS, at 840 East- rhornla}p ny n, Hersheye Apnna _&ala 17nl,; (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 Richard 13 nr,hy, FsQ.Uirp Address: 840 Fast Chocolate Avenue Hershey, PA 17033 Telephone: (717) 533-5406 Supreme Court ID # 61904 Attorney For: Defendants Date: (?i/. .'.3 > -y / Seal of the Court disciplinary records, any injury reports, evaluations, warni BY THE CQURT: 46§r?yl h6erCivil Division Deputy (Eff. 7/97) Cu,viMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DONALD E. SNOKE, II and CARRIE SMOKE, his wife, Plaintiffs VS. KEVIN ANDERSON and ROXANE ANDERSON, File No. 03-3715 Civil his wife, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: McNaughton Paving B Pisgah State Rd Shermansdale PA 17090 (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: the complete employnent file of Donald E. Snoke, II (SSN 180-62-2060) including, but not limited to, any employment applications, wage records, rii ?n1 i - and termina at 840 East Cho venue rts. F wa411411Vj 51 hey, Pennsylvania 17033 (Address) You may deliver or mail legible copies of the documents orproduce 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 Richard B. Druby, Esquire Address: 84o pact r hnr.0j amp p nj1p Hershey PA 17033 Telephone: (717) 533-5717 Supreme Court ID # 61 904 Attorney For: Defendants Date: Seal of the Court recor s, any on letters or BY THE COURT: Protho ry/Cler , Civil Division Deputy (Eff, 7/971 CvidMONWEALTH'OF PENNSYLVANIA COUNTY OF CUMBERLAND DONALD E. SNOKE, II and CARRIE SNOKE, his wife, Plaintiffs VS. KEVIN ANDERSON and ROXANE ANDERSON, File No. 03-3715 Civil his wife, ; Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: uonowago Construction concrete, 660 Edge Grove R (Name of Person or Entity) Hanover, PA 17331 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: the comnief•a including but not limited to, any employment applications, 'wage 7records, disciplinary records, any injury reports, evaluations, warnings, suspens and termination letters or reports. at 840 East Chocolate Avenue, Hershey, Pennsylvania 17033 (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 Richards B. Drubv Esquire Address: 840 East Chocolate Avenue Hershey, PA 17033 Telephone: (7171 Saz_aana Supreme Court ID # 61904 Attorney For: Defendants Date: ?.r?. 3 y'CY/ Seal of the Court BY THE C URT: Prothonota /Cler ivil Division Deputy riff 7/n7? CL,..,MONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DONALD E. SNOKE, II and CARRIE SNOKE, his wife, Plaintiffs V. File No. 03-3715 Civil KEVIN ANDERSON and ROXANE ANDERSON, his wife, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Liberty Excavators, Inc 4410 Gettysburg Road, Camp Hill, PA 17011 6631 (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: the complete employment file of Donald E Snoke, II (SSN 180-62=2060), including but not limited to, any employment applications, wage records, disciplinary records, any injury reports, evaluat on s, warnings, suspense and termination letters or reports at 840 East Chocolate Avenue, Hershey, Pennsylvania 17033 (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 Richard B. Drubv Esquire Address: 840 East Chocolate Ave Hershey, PA 17033 Telephone: (717) 533-5406 Supreme Court ID # 61904 Attorney For: Defendants Date: 3 Seal of the Court BY THE CO "TT: rothono Clerk, ivil Division Deputy (Eff. 7/97) COMMONWEALTH 6F,PENNSYLVANIA COUNTY OF CUMBERLAND DONALD E. SMOKE, II and CARRIE SNOKE, his wife, Plaintiffs VS. File No. 03-3715 Civil KEVIN ANDERSON and ROXANE ANDERSON, his wife, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: International Union of Operating Engineers, '1375 Virginia Drive Ft. Washington, PA 19034 (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: the complete employment file of Donald E. Snoke, II (SSN 180=62-2060), including but limited to, any employment applicatios, wage records disciplinary records, any injury reports, eva ua ions, , suspensions, and termination letters or reports. at 840 East Chocolate Avenue Hershey, Pennsylvania 17033 (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 documentsor 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 Richard B. Druby, Esquire Address: 840 East Chocolate Avenua Hershey, PA 17033 Telephone: (717) 533-5406 Supreme Court ID # 61904 Attorney For: Defendants Date: c ?(" 3 -;;e'eri Seal of the Court BY THE COURT: rotho a y/ ler , Civil Division Deputy (Eff. 7/971 CERTIFICATE OF SERVICE I, Richard B. Druby, of the law firm of Nestico, Druby & Hildebrand, L.L,P., hereby certify that on the ??jay of February, 2004, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following; Anthony Stefanon, Esquire 407 North Front Street: PO Box 12027 Harrisburg, PA 1710$-027 B. Druby CERTIFICATE OF SERVICE 1, Christiana Appleby, of the law firm of Nestico, Druby & Hildabrand, LLP, hereby certify that on the 9°i day of March, 2004, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Anthony Stefanon 407 N. Front Street Harrisburg, PA 17101 Christiana Appleby r-> y o c__ __ r -n ?' ' T =? :i r i - -.-J rn -iJ n _ ?? <.:> -,- -n ?. . ?'7 .. "a <i t--> =i Dean F. Piermattei, Esquire Attomey I.D. No. 53847 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendants DONALD E. SNOKE, II and CARRIE SNOKE, his wife IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. KEVIN ANDERSON and ROXANE ANDERSON, his wife Defendant NO. 03-3715 PRAECIPE FOR ENTRY OF APPEARANCE TO: PROTHONOTARY OF CUMBERLAND COUNTY Kindly enter the appearance of Rhoads & Sinon LLP and Dean F. Piermattei, Esquire as co-counsel for Defendants in the above-captioned matter. Respectfully submitted, RHOADS & SINON LLP AeV.PlPiermattei, Esquire South Market Square P. O. ]Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendants Date: May 18, 2004 CERTIFICATE OF SERVICE:_ I hereby certify that on this 18'h day of May, 2004, a true and correct copy of the foregoing Praecipe for Entry of Appearance was served by means of United States mail, first class, postage prepaid, upon the following: Anthony Stefanon, Esquire 407 North Front Street P.o. Box 12027 Harrisburg, PA 17108-2027 Richard B. Druby, Esquire Nestico, Druby & Hildabrand 840 E. Chocolate Avenue Hershey, PA 17033 ? nt? U- Teresa L. Paulihamus CD CD Anthony Stefanon, Esquire I.D.#25497 407 North Front Street P.O. Box 12027 Harrisburg, PA 17108-2027 Attorney for Plaintiffs DONALD E. SNOKE, II and CARRIE SNOKE, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs KEVIN ANDERSON and ROXANE ANDERSON, his wife Defendants NO. 03-3715-CIVIL CIVIL ACTION - LAW : JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE: OF A SUBPOENA PURSUANT TO RULE 4009.22 As a Pre-Requisite to Service of a Subpoena for documents and things pursuant to Rule 4009.22, Plaintiff certifies that: 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 (20) days prior to the date on which the subpoena is sought to serve; and b. A copy of the Notice of Intent, including the proposed subpoena, is attached to this Certificate; and C. No objection to the subpoena has been received; and d. The subpoena which will be served is identical to the subpoena which is attached to the Notice of Intent to Serve the Subpoena. RESPECTFULUSUBM By: UIRE I.D.#25497 407 Nort (rjnt Street P.O. Bo 12727 Harrisburg, F'A 17108-2027 (717) 232-0511 DATEJ l - 2 3 _e`"/ Anthony Stefanon, Esquire I.D.#25497 407 North Front Street P.O. Box 12027 Harrisburg, PA 17108-2027 Attorney for Plaintiffs DONALD E. SNOKE, II and CARRIE SNOKE, his wife, Plaintiffs vs KEVIN ANDERSON and ROXANE ANDERSON, his wife Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3715-CIVIL CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiffs intend 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 the subpoena may be served. RESPECTFUWL .Y SUBM O DATE: 10 'CC'"t2 CAY) N, ESQUIRE I. D.#2 97 407 orth F ont Street P.O. 12027 Harrisburg, PA 17108-2027 (717) 232-0511 CERTIFICATE OF SERVICE The undersigned hereby certifies that, on the date below he served a true copy of Notice of Intent to Serve Subpoena, on each of the person listed below, at the address set forth, by First Class United States Mail: Richard B. Druby, Esquire NESTICO, DRUBY & HILDABRAND, LLP 840 East Chocolate Avenue Hershey, PA 17033 RESPECTF)d'LLY SUBMI ON, ESQUIRE I.D.#25497 407 N(tb-Ff'ont Street P.O. Box 120217 Harrisburg, PA 17108-2027 (717) 232-0511 DATE: Ed - f ?-' cv! COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Donald E. Snoke, II and Carrie Snoke, his wife, Plaintiffs vs Kevin Anderson and Roxane Anderson, his wife, Defendants . File No. 03-371 S-r; v; 1 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Donald B. Smith and Alice C_ Smith (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 List at The Law Office of Anthony Stefanon, 407 North Front St Harrisburg,PA (Address) 17101 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Anthon ADDRESS: 407 Nnrth Front P_o_ S, Rnx 12027 14arri ghlirff RA 171 ()A-9027 TELEPHONE: ( 1 7) 232-0511 SUPREME COURT ID # 2 5 4 9 7 ATTORNEY FOR: Plaintiff s BY THE COURT: Prothonotary, Civil Division Date: _ Seal of the Court Deputy e DONALD E. SNOKE, II and CARRIE SNOKE, his wife, Plaintiffs vs KEVIN ANDERSON and ROXANE ANDERSON, his wife Defendants To: Donald B. Smith and Alice C. Smith 450 Spangler Road New Oxford, PA 17350 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-3715-CIVIL : CIVIL ACTION - LAW JURY TRIAL DEMANDED ATTACHMENT TO DOCUMENT SUBPOENA 1. Any and all documents in your possession, custody, or control which describe, depict, or relate to the three (3) tracts of land located in Penn Township, Cumberland County, Pennsylvania, which were conveyed as follows: (1) Donald B. Smith and Alice C. Smith to Kenneth F. Smith and Kelly F. Smith on October 9, 1986; and (2) Donald B. Smith and Alice C. Smith to Kevin M. Anderson and Roxane L. Anderson on October 9, 1986; and (3) Donald B. Smith and Alice C. Smith to Leo R. Noel and Jean M. Noel on December 11, 1986. This request is intended to include all documents which include any description of the land, survey of the land, drawing or depiction of the land, photograph, film or videotape of the land, or records regarding the purchase, maintenance, or sale of the land. Also, requested are any documents which describe, depict, or relate to the installation of the well and water system on the land. n :. rn r.: r 77 °:2 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN BY: MATTHEW L. OWENS, ESQUIRE I.D. No. 76080 4200 Crums Mill Road Harrisburg, PA 17112 (717) 651-3501 DONALD E. SNOKE, II, and CARRIE SNOKE, his wife, Plaintiffs V. KEVIN ANDERSON and ROXANE ANDERSON, his wife, Defendants Attorneys for Defendants Kevin and Roxane Anderson IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-3715-CIVIL : CIVIL ACTION -LAW : JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Marshall, Dennehey, Warner, Coleman & Goggin, and Matthew L. Owens, Esquire, on behalf of Defendants, Kevin Anderson and Roxane Anderson, in connection with the above-captioned matter. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: AV. --00? Matthew L. Owens, Esquire DATE: /O' 31 QV DONALD E. SNOKE, II, and CARRIE SNOKE, his wife, Plaintiffs V. KEVIN ANDERSON and ROXANE ANDERSON, his wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-3715-CIVIL : CIVIL ACTION - LAW : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Angela Zilla, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 15-4 day of November, 2006, I served a copy of the foregoing via First Class United States mail, postage prepaid as follows: Anthony Stefanon, Esquire 407 North Front Street P.O. Box 12027 Harrisburg, PA 17108 Angela Zill. .. ??. a,. -_; ?,=f i . v. r• '?._ .? _::? --+ ?_ __ -?. t ? . ??, ..+ f.3 ?? `d ?``- ?_ • • ?'?". ?? r`i r Dean F. Piermattei, Esquire Attorney I.D. No. 53847 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendants DONALD E. SNOKE, II and CARRIE SNOKE, his wife IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. KEVIN ANDERSON and ROXANE ANDERSON, his wife Defendant NO. 03-3715 PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY Kindly withdraw the appearance of Dean F. Piermattei and the law firm of Rhoads & Sinon LLP as counsel for Defendant Kevin and Roxane Anderson in the above-captioned matter. Respectfully submitted, RHOADS & SINON LLP By: 14r Dean F. Piermattei, Esquire One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Date: July 27, 2007 Attorneys for Defendants 658527.1 CERTIFICATE OF SERVICE I hereby certify that on this 27th day of July, 2007, a true and correct copy of the foregoing Praecipe to Withdraw Appearance was served by means of United States mail, first class, postage prepaid, upon the following: Anthony Stefanon, Esquire 407 North Front Street P.O. Box 12027 Harrisburg, PA 17108-2027 Richard B. Druby, Esquire Nestico, Druby & Hildabrand 840 East Chocolate Avenue Hershey, PA 17033 Matthew L. Owens, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road Harrisburg, PA 17110 ? s C , r-r J t 1'i '?C CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DONALD SNOKE II, ET AL -VS- KEVIN AND ROXANNE ANDERSON ?^n COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 03-3715-CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GEOFFREY S. MCINROY, ESQ. 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 which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 05/20/2008 R1.61 118-H GEOFFREY S. MCINROY, ESQ. Attorney for DEFENDANT DE11-0752563 74309-LO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DONALD SNOKE II, ET AL COURT OF COMMON PLEAS TERM, -VS- KEVIN AND ROXANNE ANDERSON CASE NO: 03-3715-CIVIL T8INf38 FOR a DISCOV$RY?PIIRSIIANTIOrR 4009.21 FRIENDSHIP HOSE COMPANY EMS RECORDS TO: ANTHONY STEFANO' ESQ., PLAINTIFF COUNSEL MCS on behalf of GEOFFREY S. MCINROY ESQ, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/30/2008 MCS on behalf of CC: GEOFFREY S. MCINROY, ESQ. - 16235-00115 Any questions regarding this matter, contact R1.50S 116-H GEOFFREY S. MCINROY ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-0392338 74309-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DONALD SNOKE II, ET AL File No. 03-3715-C-TVIT, VS. KEVIN AND ROXANNE ANDERSON SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for FRUMSHIP HO COMPANY (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: _ SE . ATTA . D RiiIFR **** at 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: -GEOFFREY S MCINROY ESO ADDRESS: 4200 CRT 1M. MILT . ROAD Sim B HARRISBURG PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant MAY 2 0 2008 Date: ?//aZy?08 BY THE OURT: Prot no ivil eD7sion Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: FRIENDSHIP HOSE COMPANY 15 EAST BIG SPRING AVE NEWVILLE. PA 17241 RE: 74309 DONALD SNOKE Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. PATIENT CARE REPORT #0200470 PREPARED BY CHRIS DARHOWER RELEVANT TO THE CALL HE RESPONDED TO ON 6/2/2002 Dates Requested: up to and including the present. Subject : DONALD SNORE R1.50S 116-H SUIO-0732198 74309-LO1 t?s ^' ?r ?t.i..j M1.P FTI MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN BY: MATTHEW L. OWENS, ESQUIRE I.D. No. 76080 4200 Crums Mill Road Harrisburg, PA 17112 (717) 651-3501 DONALD E. SNOKE, II, and CARRIE SNOKE, his wife, Plaintiffs V. KEVIN ANDERSON and ROXANE ANDERSON, his wife, Defendants Attorneys for Defendants Kevin and Roxane Anderson IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3715-CIVIL CIVIL ACTION -LAW JURY TRIAL DEMANDED WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of Matthew L. Owens, Esquire on behalf of Defendants, Kevin Anderson and Roxane Anderson, with respect to the above-referenced matter. MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN DATE: I& log r BY: Matthew L. Owens, Esquire !" MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN BY: MATTHEW L. OWENS, ESQUIRE I.D. No. 76080 4200 Crums Mill Road Harrisburg, PA 17112 (717) 651-3501 Attorneys for Defendants Kevin and Roxane Anderson DONALD E. SNOKE, II, and CARRIE SNOKE, his wife, Plaintiffs V. KEVIN ANDERSON and ROXANE ANDERSON, his wife, Defendants IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-3715-CIVIL : CIVIL ACTION -LAW : JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Lam M. D111(?'? Esquire on behalf of Defendants, Kevin Anderson and Roxane Anderson, with respect to the above-referenced matter. DATE: 101 =L, DENNEHEY, WARNER, CO GO GIN BY: I,Aurc M• Esquire I.D. 4200 C,Mill Rd, Harrisburg, PA 17112 (717) 651- 3;103 41 DONALD E. SNOKE, II, and IN THE COURT OF COMMON PLEAS CARRIE SNOKE, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 03-3715-CIVIL V. : CIVIL ACTION -LAW KEVIN ANDERSON and ROXANE ANDERSON, his wife, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, LaU M M. BUI'1'1 At, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this day of Ian U&V , 2009,1 served a copy of the foregoing prepaid as follows: Anthony Stefanon, Esquire 407 North Front Street P.O. Box 12027 Harrisburg, PA 17108 via First Class United States mail, postage ??11? ?' c -y ._ V a`I`} F .f r? Y ? $.. ? } , ? ` m} j .?? v a. _? ?? 1 ~ry~ FL~i~--, ~ ~ MARSHALL DENNEHEY WARNER, COLEMAN & GOGGIN BY: Christopher M. Reeser, Esquire 2~ ~ ~ ~`,~ ~ f $ ~~ 1 ~: I.D. No. 73632 4200 Crums Mill Road CUry?:~~ i ; , ,k~, Harrisburg, PA 17112 ~~~ ~~'4;..~`rF ~,~,~,; ~ ~ "~ (717) 651-3509 Attorney for Defendant Kevin and Roxane Anderson DONALD E. SNOKE, II, and IN THE COURT OF COMMON PLEAS CABBIE SNOKE, his wife, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 03-3715-CIVIL v. KEVIN ANDERSON and ROXANE ANDERSON, his wife, Defendants TO THE PROTHONOTARY: CIVIL ACTION -LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE Kindly enter the appearance of the undersigned on behalf of Defendants, Kevin Anderson and Roxane Anderson, his wife, in the above captioned case. MARSHALL DENNEHEY WARNER COLE OGGIN By: Christopher M. Reeser, Esquire Attorney for Defendants ID# 73672 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Dated: May 17, 2010 ~=l~tU ~~+ vfw MARSHALL DENNEHEY WARNER, COLEMAN & GOGGIN BY: Christopher M. Reeser, Esquire 2~ ~ Q ~~ ~ `( E ~ ~ ~: ~ ~ I.D. No. 73632 4200 Crums Mill Road CUr,/~ ,; .ti, Harrisburg, PA 17112 ~'' ~ .'~"~' ~ ~c'J~; ~ ~ , ~~ (717) 651-3509 Attorney for Defendant Kevin and Roxane Anderson DONALD E. SNOKE, II, and IN THE COURT OF COMMON PLEAS CABBIE SNOKE, his wife, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs N0.03-3715-CIVIL v. CIVIL ACTION -LAW KEVIN ANDERSON and ROXANE ANDERSON, his wife, Defendants :JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on May 17, 2010, I served a copy of Defendants' Entry of Appearance via First Class United States mail, postage prepaid as follows: Anthony Stefanon, Esquire 1847 Center Street Camp Hill, PA 17011-1703 Attorney for Plaintiffs Christopher M. Reeser C" ?- ? < ?D'JD3AR PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in triplicat 1' 7 CUMBERLAND COUNTY TO THE PROTHONOTARY OF CUMBERLAND COUNTY PENNSYLVANIA Please list the following case: X? for JURY trial at the next term of civil court. ? for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) Donald E. Snoke, II and Carrie Snoke, his wife (Plaintiff) vs. Kevin Anderson and Roxanne Anderson, his wife (Defendant) vs. (check one) ® Civil Action - Law ? Appeal from arbitration (other) The trial list will be called on Nov. 8, 2011 and Trials commence on December 5, 2011 Pretrials will be held on November 23, 2011 (Briefs are due S days before pretrials No 03-3715 Civil Term Indicate the attorney who will try case for the party who files this praecipe: Anthony Stefanon, Attorney Indicate trial counsel for other parties if known: Richard B. Druby, Esq. and Christopher M. Reeser, Esq This case is ready for trial. Date: August 24, 2011 Print Name: Attorney for: Plaintiffs Qjw? aSL5 Cz T4 MIA WIC V Iqj 0h,0 r I ?r APH I: t!2 .: { `A , NSYLYAIMA MARSHALL DENNEHEY WARNER, COLEMAN & GOGGIN BY: Christopher M. Reeser, Esquire I.D. No. 73632 4200 Crums Mill Road Harrisburg, PA 17112 (717) 651-3509 Attorney for Defendant Kevin and Roxane Anderson DONALD E. SNOKE, II, and CARRIE SNOKE, his wife, Plaintiffs V. KEVIN ANDERSON and ROXANE ANDERSON, his wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-3715-CIVIL CIVIL ACTION - LAW : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on November 17, 2011, I served a copy of Defendants' Motion for Bifurcation Pursuant to Pa.R.C.P. 213(B) and Motion for Jury View of Premises via First Class United States mail, postage prepaid as follows: Anthony Stefanon, Esquire 1847 Center Street Camp Hill, PA 17011-1703 Attorney for Plaintiffs Richard Druby, Esquire NESTICO DRUBY & HILDABRAND 840 E. Chocolate Ave. Hershey, PA 17033 Christopher M. Reeser c-? C-5 C r- rT1 r+n - n -a rn : 0 ? N N [ 7 -C) -4 < 3?' E-D -n Anthony Stefanon, Esquire I.D.#25497 1847 Center Street Camp Hill, PA 17011-1703 Attorney for Plaintiffs DONALD E. SNOKE, II and CARRIE SNOKE, his wife, Plaintiffs vs KEVIN ANDERSON and ROXANE ANDERSON, his wife Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3715-CIVIL CIVIL ACTION - LAW : JURY TRIAL DEMANDED PLAINTIFFS' RESPONSE TO MOTION FOR BIFURCATION AND NOW come Plaintiffs, Donald E. Snoke, II, and Donald E. Snoke, II, as the Administrator of the Estate of Carrie Snoke Deceased, and respond to Defendants' Motion for Bifurcation as set forth in the following paragraphs. 1. Admitted in part and denied in part. Plaintiffs' action arises from injuries suffered while operating a motorcycle on a property located in Penn Township, Cumberland County. Plaintiff and his wife rented a cabin from Defendants which cabin was located on a 15 acre 1 tract of land owned, maintained, and controlled by Defendants. That tract was located in Penn Township, Cumberland County, Pennsylvania. 2. Denied. To the contrary, Plaintiffs injuries occurred while he was coasting downhill, in second gear, at a slow speed, approaching the garage where he intended to park the motorcycle. 3. Denied. To the contrary, the tires of the motorcycle hit a pipe known as a "curb box" which protruded 3-1/2 to 4 inches above the ground. The top of the curb box was broken, and the cover was missing. Defendants had inserted a rock into the top of the curb box. 4. Denied. Plaintiff has testified that the back end of the bike went to the right; and that he put his left foot down until his knee buckled in half and folded the opposite way of the normal function of the knee. 5. Admitted. 6. Admitted. 7. Denied. To the contrary, not only is the occurrence which Plaintiff describes possible, it was actually witnessed by Plaintiffs son, Cody Snoke, who was riding a motorcycle not more than 30 feet behind Plaintiffs' motorcycle. Cody observed the motorcycle strike the pipe and with the rock in it, and observed the condition of the pipe and the rock after the accident, on the same day that the accident occurred. 8. Admitted. 9. These averments are conclusions of law not requiring answer by Plaintiff. 10. These averments are conclusions of law not requiring answer by Plaintiff. 11. Denied. To the contrary, bifurcation of this case is improper and unwarranted 2 for numerous reasons. First, the mechanism of the injury is significant with regard to the liability issue in the case. The location of Mr. Snoke's body with respect to the location of the pipe after the crash is significant with regard to the physical relationship of the body and the pipe at issue. The question of how the motorcycle moved after it struck the pipe, and Mr. Snoke's efforts to support the motorcycle with his left leg, until that leg buckled, are all relevant with regard to the final resting place of Mr. Snoke's body with respect to the location of the pipe. Under these circumstances, the jury will need to hear the details regarding the injury to and the collapse of Mr. Snoke's knee in order to determine the liability issues in the case. It should also be noted that Mr. Snoke was in extreme pain after the injury, having suffered a limb threatening injury. Any statements made by Mr. Snoke at that time must be reviewed in light of his immediate suffering, and evidence of the injuries will be critical to the question of the reliability of Plaintiffs statements at the scene. With regard to the "inconvenience" issue, it should be noted that bifurcation of the case will present an extreme inconvenience to numerous of the Plaintiffs' witnesses. Plaintiffs witnesses who were present on the date of the incident will testify to both liability and damage issues. Those witness include Donald E. Snoke, Sr., Cody Snoke, Roger Ritchie, Judy Smith, Mallory Macy, and Carl Macy, all of whom would be required to attend the trial on more than one (1) day, if they were required to testify on separate days and the liability case and in the damage case. With regard to the convenience of the court, it should be noted that bifurcation will inevitably extend the amount of time which the trial consume by reason of the need to 3 recall the many witnesses who will testify on both liability and damage issues, as well as the need to recall the Plaintiff to give separate testimony with regard to those issues. 12. Denied. To the contrary, the only reason for bifurcation which Defendants point to is that the Plaintiff was seriously injured. Defendant does not suggest that Plaintiff is of a class of persons who would engender undue sympathy from the jury, such as a infant or child. Nor are Plaintiff's injuries abnormally shocking or unusual. See e.g. Selby vs. Brown, 250 Pa. Super 134, 378 A.2d 862 (1977), where the court opined that it would have been within the sound exercise of discretion to bifurcate the liability and damage issues in the extremely emotional case involving the death of child, but the Superior Court held that it was within the trial court discretion not to grant that bifurcation.) The only reason that Defendant points to for a bifurcation in this is the serious injuries suffered by Plaintiff, and that standard would require that every case involving serious injuries be entitled to a bifurcation. This is simply not the law. (See Nelson vs. Abbott, 16 Philadelphia 484 (1987): "What defendant seeks is, in essence, a rule requiring bifurcation in every serious personal injury case where liability is contested. This would hardly be feasible or desirable." (16 Philadelphia 484 at 490). 13. Denied. Plaintiff lists 16 testifying witnesses, 8 of which witnesses would be both liability and damage witnesses. Defendant lists 7 testifying witnesses, three of which would be both liability and damage witnesses. Accordingly, the bifurcation sought by 4 Defendant presents the potential for the need to recall 11 different witnesses in a two (2) phase trial, simply because we have a case in which the Plaintiff was seriously injured. Whether the case is bifurcated or not makes no difference to the testimony of the Defense "expert" Toaspern, who will only need to make one appearance at trial in any event. WHEREFORE, Plaintiff requests that Defendants' Motion for Bifurcation be denied. P,21-201 Date: nthony Ste o , squire 1847 Cen r eet Camp Hi , A 17011-1703 (717) 761-6162 I.D. #25497 5 CERTIFICATE OF SERVICE The undersigned hereby certifies that, on the date below he served a true copy of PLAINTIFFS' RESPONSE TO MOTION FOR BIFURCATION, on the persons listed below, at the addresses set forth, by First Class United States Mail: Christopher M. Reeser, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road Harrisburg, PA 17110 Richard B. Druby, Esquire Nestico, Druby & Hildabrand, LLP 840 East Chocolate Avenue Hershey, PA 17033 RESPECTFULLY SUBMITTED, ON, ESQUIRE ANTHONY S7reet I.D.#25497 1847 Cen Camp Hill, PA 17011-1703 (717) 761-6162 Date: //-?( -?01 C MC" ? rT1 o -0m x N =C7 r- -4O 't C Anthony Stefanon, Esquire I.D.#25497 1847 Center Street Camp Hill, PA 17011-1703 Attorney for Plaintiffs DONALD E. SNOKE, II and : IN THE COURT OF COMMON PLEAS CARRIE SNOKE, his wife, Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA vs : NO. 03-3715-CIVIL KEVIN ANDERSON and : CIVIL ACTION - LAW ROXANE ANDERSON, his wife Defendants : JURY TRIAL DEMANDED PLAINTIFFS' RESPONSE TO DEFENDANTS' MOTION FOR JURY VIEW OF PREMISES AND NOW comes Plaintiff Donald E. Snoke, II, and Donald E. Snoke, II as Administrator of the Estate of Carrie Snoke, Deceased, and replies to Defendants' Motion for Jury View of the premises as set forth in the following paragraphs. 1. Admitted in part and denied in part. It is admitted that Plaintiff's injuries arise as the result of personal injury suffered while he was operating a motorcycle on property in 1 Penn Township, Cumberland County, Pennsylvania, which was owned by his landlords, Kevin and Roxane Anderson. However, Plaintiff denies that he leased the property on which he was riding. In fact, Plaintiff leased only the cabin located on the property. The remainder of the property was under the possession, custody, and control of Defendants. 2. Denied. To the contrary, Plaintiff testified that as he was returning down the trail toward the driveway, he had " ... just shifted to second gear, was coming down off of that little bank there and it was just like I hit a wall." Plaintiff further testified " ... and I just put it in second gear and was letting it sort of coast down there in second gear and it was just like hitting a wall." With regard to braking Plaintiff testified "... Maybe a little bit, but usually you shifting down to second gear like that it slows it right up." In short, Plaintiffs testimony was that he was not using any significant amount of brake descending the slight incline. 3. Admitted in part and denied in part. Plaintiffs front wheel of the motorcycle did hit the pipe. This occurrence was observed by Plaintiffs son Cody who was following him 30 feet behind on another motorcycle. However, Plaintiff did not observe the occurrence himself. In fact, Plaintiffs testimony is that he did not know what he hit at the time he hit it, as he had never before seen the pipe in that location. Plaintiff testified that he went back to the scene of the accident after he got out of the hospital and found the pipe sticking out of the ground with a rock on it. The total height of the protrusion of the pipe with the rock on it was described as 3-1/2 to 4 inches. It should be noted that Plaintiff took 2 photographs of the pipe and the rock contemporaneously with his first identification of those items, and those photographs have been produced in discovery. Those photographs depict the actual condition of the pipe and the rock contemporaneously with the incident which is the subject of this litigation. Those photographs were taken in the beginning of August 2002, approximately two (2) months after the incident. Plaintiff's photographs accurately depict the trail on which he was riding, the location of the pipe and the condition of the pipe, the extent of the protrusion of the pipe from the ground, and the surrounding area in the location of the Plaintiffs crash. Plaintiff estimates that he was traveling between 8 and 10 miles per hour, and that he was off the throttle and just letting the bike coast down the incline. 4. Denied. To the contrary, Plaintiff testified that the back end of the motorcycle turned right, and as that occurred he put his left foot down, at which point his knee buckled and his leg folded in half the opposite way of the knee. 5. Admitted. 6. Denied. To the contrary, the incident in question took place on June 2, 2002 which was 9-1/2 years ago. Prior to the incident, the trails on which Plaintiff was riding had been used on a regular basis by Plaintiff, his family and guests, as well as by Defendants, their families and guests, for literally decades prior to the injury to Plaintiff. It is simply incredible to believe that the condition of the vegetation, the condition of the trails, and the conditions of the pipe have remained unchanged from the time of the crash. In fact, the Plaintiffs' photographs taken contemporaneous with the crash provide the best evidence 3 as to the condition of the premises at the time of the accident, before any alterations by the hand of manor the force of nature. In addition, the Defendants' insurance company sent an adjuster to the site on October 9, 2002, who, in the company of Defendants took 26 photographs of the accident scene, all of which photographs have been produced in discovery. These photographs specifically depict the pipe as it existed in the fall of 2002 as well as the general vicinity. Although the condition differs slightly from that depicted in Plaintiffs' photographs, these October 2002 photographs are more likely to present a accurate picture of the condition of the scene at the time of the incident, than would a view of the scene as it now exists. Plaintiff would further point out that the hazard created by this protruding pipe with the rock on it was created by Defendants when they dug the pipe up and left it uncovered, unmarked, inserted a rock in the top of it, and failed to advise Plaintiff of any of these occurrences. It would strain credulity to believe that Defendants have not had the opportunity to modify the condition of this hazard in the past 9-1/2 years. 7. Denied. To. the contrary, Plaintiffs son, Cody Snoke, has testified that he saw his father's motorcycle strike this pipe at the time of the crash. In addition, Plaintiff had 30 years of experience riding off road motorcycles prior to this incident, and is fully able to testify that this incident was caused by striking something, and that the only thing there to strike was the pipe. 8. Denied. To the contrary, the current condition of the premises has virtually no probative value with regard to the condition of the premises at the time of the incident. In 4 fact, the existence of contemporaneous photographs of the scene provide the best evidence of the condition at that time. Given the passage of 9-1/2 years since the date of the incident, it is inevitable that the condition of the trails, the vegetation, and the pipe itself must vary from what they were in June of 2002. In fact, the ground cover itself will have differed simply because the accident took place in June, and the trial is scheduled for December. Thus, any weeds and vegetation disguising the pipe which may have existed in June would no longer be present in December. Attached hereto as Exhibit A are copies of photographs taken by Defendants' "Expert" Toaspern, and attached to his report dated May 28, 2009. Those photographs depict the site covered with green vegetation, and no defined trails are apparent in those photographs. By comparison, attached hereto as Exhibit B are copies of the photographs taken by Mr. Snoke in August of 2002, two (2) months after the incident. Those photographs show distinctly defined trails and a considerably different amount and pattern of vegetation from that which appears in the Toaspern photos taken years later. Clearly, the current condition of the accident scene has dramatically changed in important respects from that in which it existed at the time of Plaintiff's injury. 9. Denied. To the contrary, a jury view of the condition now would simply confuse the jury and mislead the jury as to what the condition was at the time of the incident. 10. Denied. To the contrary, a jury view would confuse the court and jury regarding the condition of the scene, which is adequately described in the 7 photographs taken by Plaintiff and 26 photographs taken by Defendants' insurance carrier. 5 11. Denied. To the contrary, the photographs of the scene amply depict all of the essential elements and the instrumentalities involved in the case. 12, Denied. To the contrary, a jury view of the scene would result in a waste of judicial resources; delay in the trial, and prejudice to the Plaintiff by misrepresenting the condition of the scene at the time of the incident. WHEREFORE, Plaintiff requests that Defendants proposal for a jury /view be denied. 11-al- Z,0(11 Date: 1847 CeKer Sleet Camp Hill, PA '17011-1703 (717) 761-6'f 2 I.D. #25497 6 CERTIFICATE OF SERVICE The undersigned hereby certifies that, on the date below he served a true copy of PLAINTIFFS' RESPONSE TO DEFENDANTS' MOTION FOR JURY VIEW OF PREMISES, on the persons listed below, at the addresses set forth, by First Class United States Mail: Christopher M. Reeser, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road Harrisburg, PA 17110 Richard B. Druby, Esquire Nestico, Druby & Hildabrand, LLP 840 East Chocolate Avenue Hershey, PA 17033 , RESPSFBMITTED B NA ON, ES UIRE I.D18et amp Hill, PA 17011-1703 C (717) 761-6162 Date: P "ZI-2ol EXHIBIT A r EXHIBIT B DONALD E. SNOKE, II and CARRIE SNOKE, his wife, Plaintiffs V. KEVIN ANDERSON and ROXANE ANDERSON, his wife, Defendants #7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3715 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED IN RE: PRETRIAL CONFERENCE A pretrial conference was held on Wednesday, November 23, 2011, before the Honorable Edward E. Guido, Judge. Present for the Plaintiffs were Anthony Stefanon, Esquire, and Justin Stefanon, Esquire. Present for the Defendants were Richard B. Druby, Esquire, and Christopher M. Reeser, Esquire. This is a premises liability case which the parties believe will take four days to try. The issue of liability is hotly contested, and Defendants have asked for a bifurcation. Defendants have also asked for a view of the premises. Even though we may not be the trial judge, we have agreed to rule on these issues by Tuesday, November 29, 2011, so that the parties may prepare appropriately. The parties are given until close of business on Monday, November 28, 2011, to file amended motions or responses thereto and/or amended briefs in support of their positions. Page 2 03-3715 Civil Term The parties have also agreed that the offset provisions of 40 P.S. 991.1817(a) apply to this case, and any verdict will be molded in accordance therewith. Settlement is unlikely. By the Court, rnta :x v P= r-M , V " - r Vi +^ Edward E. Guido, J. y Anthony Stefanon, Esquire Justin Stefanon, Esquire 1847 Center Street Camp Hill, PA 17011-1703 Attorneys for Plaintiffs Christopher M. Reeser, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Attorney for Defendants Richard B. Druby, Esquire Nestico, Druby & Hildabrand, P.C. 840 East Chocolate Avenue Hershey, PA 17033-1213 Attorney for Defendants l eA Prothonotary Cd?j e5 & -i Court Administrator // Y91 srs . r DonaljE. & Carrie Snoke, II ---- V S Kevin & Roxanne Anderson No. 1 IIIIIII111111111111111111 ? 2 IIIIIIIIIIIIIIIIIIIIIIIII I, ?'' 3 1111111 IIIII IIIII IIIII III II! 4 Illillllllillllllllllllil 5 1111111111111111111111111 6 1111111111111111111111111 7 I1111111111111111IIIIIIII g I1111111111111111IIIIIIII'. 9 IIIIIIIIIIIIIIIIIIIIIIIIII 10 IIIIIIIIIIIIIIIIIIIIIIIIII ?? 11 1111111 IIIII IIIII IIIII IIII 12 11111111111111111111111111 13 1111111 IIIII IIIII IIIII IIII 14 1111111 IIIII IIIII 111111111 15 I111111IIII!VIIIVIIIIIII 16 1111111 IIIII IIIII IIIII IIII 17 Ilillllllillllllllllllllll 1111111 IIIII IIIII IIIII IIII 18 19 1111111 IIIII IIIII IIIII IIII :20 1111111 IIIII IIIII IIIII IIII 21 I111111111111111111111IIII' I 1 22 IIIIIIIIIIIIIIIIIIIIIIIIII In the Court of Commons Pleas of Cumberland County, PA., Docket No. 2003-3715 Judge: MASLAND Attorney: 00 S n ?CA,r ?- Attorney: t/ Date:_ 1 S // J JURORS Juror # NAMES OF JURORS CALLED CAUSE P D IIIIIIIIIIIII DEC05-243 FRY, CARLY A IIIIIIIIIIIIII DEC05-420 MCCOY, MACHELL E IIIIIIIIIIIIII DEC05-100 SEILER, JONATHAN E IIIIIIIIIIIII DEC05-96 NEGURA, MIHAELA IIIIIIIIIIIIII DEC05-161 - OPRER- GRAIG M --- -- I ? - - -- --- --- ?, . " 11 IIIIIIIIIIIII DEC05-109 -- D IIIIIIIIIIIII DEC05-206 HAGENBUCH, PAUL N IIIII IIIIIIII DEC05 493 - IIIIIIIIIIIIII DEC05-61 CROSBY, DAVID W IIIIIIIIIIIII DEC05-453 GIVEN, LEANN G IIIIIIIIIIIII DEC05-6 MCDEVITT, NORINE F IIIIIIIIIIIII ? DEC05-139 SMITH, BRADLEY P IIIIIIIIIIIII DEC05 358 - „ IIIIIIIIIIIII DEC05-163 SHOWERS, JESSE L IIIIIIIIIIIII DEC05-74 - - _ I?}, IIIIIIIIIIIII i VIIIIIIIIIII- tDEC05-477 DEC05-42 QUACA, MICHELLE C ,-i (`} IIIII IIII IIII D EC05 269 ----- - - •--? -.. ----?.-._ pi IIIIIIIIIIIII DEC05-69 BRYAN, THOMAS C IIIIIIIIIIIII I DEC05-320 NRILH RUTH A llllllilllll DEC05-106 TREICHLER, JESSICA M i IIIIIIIIIIIII DEC05-211 GOLEMBESKI, RONALD In the Court of Commons Pleas i of Cumberland County, PA., Donale E. & ( Kevin & Rox? No. 23-?mlltlnttu 2 4 I mill lull IIIII 11111 III 125 IIIIIIIIIIIIINIIINIIIII 26 Illllllllllllllllllllilll 127 I IIIIII IIiij ill1111u It 28 I {Illll lull lull dill 111 C 29 IIIIIII{IIIIINHNIIIII 30 unmumuulaallo X31 IIIIIIIIIIII111111111111 )2 J1NNt11111111111111111 133 !35- _ X36 37 - 38_ 39 I 40 41 I?42 43 - 44 arrie Snoke, 11 I Docket No. 2003-3715 Judge: MASLAND ---- V S ---- lone Anderson Attorney: Attorney: Date: JURORS Juror # NAMES OF JURORS CALLED CAUSE P D 1i111ftif1111?° DEC05°=443 F ARREI:I ;JOSHUA "M IIIIIIIIIIIIII DEC05-436 KLACIK, JANE F IIIIIIIIIIIIII DEC05-2 FORTE, MICHELLE C Illllillllllll DEC05-14 FLYNN, TIMOTHY IIIIIIIIIIIIIII DEC05-25 EDWARDS, PAULA A IIIIIIIIIIIIII DEC05-18 SHUTT (HOCKENBERRY), BETH A IIINllllllfll tDEC05-466 PLEITCHER (BEGGS), HEIDI K IIIlillllllllll DEC05-226 LENKER, JAIME K IlNlllllllllll DEC05-79 DELLINGER, BRYAN D IIIIIIIIIIIIIII DEC05-70 VONTROTT, LORRAINE M i 4 - - - --- -- 1 II DONALD E. SNOKE, II, AND DONALD SNOKE, II, AS ADMINISTRATOR OF THE ESTATE OF CARRIE SNOKE, DECEASED, 6 Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KEVIN ANDERSON AND ROXANE ANDERSON, HIS WIFE, Defendants NO. 03-3715 CIVIL TERM IN RE: MOTION FOR NONSUIT Proceedings held before the HONORABLE ALBERT H. MASLAND, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on December 6, 2011 in Courtroom Number Five. c) C r^x Zm rrn ' APPEARANCES : X N ' C7J ANTHONY STEFANON, Esquire -0 p , For the Plaintiffs 20 -yam _ CHRISTOPER M. REESER, Esquire -? . LAUREN M. BURNETTE, Esquire For the Defendants 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Whereupon, the jury left the courtroom at 3:10 p.m.) THE COURT: Mr. Stefanon, your next witness is not here until tomorrow, is that correct? MR. STEFANON: That's correct, Your Honor, first thing in the morning. THE COURT: And is that your last witness? MR. STEFANON: Yes, that will be. THE COURT: Mr. Reeser, you had suggested taking some testimony out of order. What would you propose that we do for the balance of the day? MR. REESER: I would propose that I could call Mr. and Mrs. Anderson as part of the defense case. They are the only witnesses that I have available today, as long as, obviously, the jury would be instructed that we are taking witnesses out of order as part of the defense case. THE COURT: We'll let them know. MR. REESER: Before I do that, my understanding is that the liability testimony is completed, and I have a couple of motions. THE COURT: Very good. Why don't you proceed. You can be seated. I do want to also say I appreciate you standing when the jury enters and exits. I should have said something about that. I think the parties should do that. I know that there are some places where 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 they make everybody in the courtroom do that. Your motions. MR. REESER: Your Honor, the first is a partial motion for compulsory nonsuit. This pertains to -- and I don't even know if there's going to be any objection to this or any opposition to this. There's a count two to the complaint which sounds in breach of contract. The only evidence of any contract has been the lease agreement, and there was no testimony presented about any terms or conditions of a lease that were breached that have any causal relationship or in any way affect this incident occurring. The gist of this action is a negligence action. I would move to have count two of the complaint dismissed. THE COURT: Mr. Stefanon. As counsel know, I received this case last Thursday. I hadn't, frankly, looked at the count two. In reviewing everything that's come in so far, frankly, and looking at the requested points for charge, I was not thinking along the lines of any breach of contract. MR. STEFANON: Your Honor, I'm not going to oppose the dismissal of that breach of contract count. THE COURT: Then we will dismiss count two, the breach of contract. MR. REESER: My second motion, which I'm certain I will get opposition to, is a motion for compulso nonsuit based on the doctor and the assumption of risk. I 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 believe this is a case where Mr. Snoke has testified that he understands and appreciates and voluntarily encountered the risks associated with riding a dirt bike. He had testified that he was aware that he would have to go over tree roots and tree limbs and rocks, had gone over rocks in the past, would ride his dirt bike with the understanding that he would not be able in some instances to visualize what was below him, and he was proceeding with knowing that he may travel over something which would, in fact, cause him harm, cause him injury as a result of an accident. Under those instances, any duty that's owed to the plaintiff by the landowner/defendant would be removed, and the fact that the plaintiff is no longer owed a duty due is assumption of risk and would warrant dismissal of the entire claim. THE COURT: Mr. Stefanon. MR. STEFANON: Your Honor, assumption of risk involves a voluntary assumption of a known risk, a known hazard. In this case, the testimony has been that the hazard that caused this crash, or that pipe with the rock stuck on it, was not known by Mr. Snoke to be there. In fact., the area where he rode was a place he had ridden for 30 years. That rock and pipe had never been there before. The testimony is also that the rock -- the 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 pipe was filled with dirt, was unearthed shortly before the incident. Mr. Snoke describes the time frame as the late winter or early spring. There was testimony that the rock or the pipe was unearthed in early spring. The question as to when the rock was put in the pipe is an open issue. Mr. Snoke's son, Cody, saw the rock there on the day of the accident. Mr. Anderson maintains he put the rock there later. The pipe itself was not properly covered. It was not marked. Mr. Snoke was not advised it had been opened. This cannot be a known hazard under these facts. At a minimum it's a jury question as to whether the hazard could possibly have been known by Mr. Snoke. I believe, Your Honor, that assumption of risk is not only not diapositive of this case, it's not even in this case based on the testimony that has been given. THE COURT: I'll let you respond, if you wish, Mr. Reeser. MR. REESER: Well, with regard to the suggestion that there was testimony that this hazard had been unearthed, that's not the case. What Mr. Anderson testified to was that he had removed some dirt from the interior of the curb box. There was no testimony that it was excavated in any way or that it was in any -- THE COURT: He certainly did not testify that 5 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 he excavated anything. There are some inferences that could perhaps be drawn from plaintiffs' witnesses that it had to have been excavated. Regardless, viewing the testimony in the light most favorable to the plaintiff, the jury could indeed find that there was some liability on the part of the defendants, in not as Mr. Stefanon says, uncovering this or properly marking or properly advising. With that said, I do ultimately find that that is an issue I'll allow the jury to address, and so your motion for compulsory nonsuit is denied. With that, we are in recess. I think we can move the TV. We don't need another videotape deposition, correct? MR. REESER: That's correct. THE COURT: We'll move the TV. When everybody's settled and the jurors are ready, we'll come back. I'll let them know that because of timing of various witnesses we're going to take a couple people out of order, and the defendants will begin their case even before the plaintiffs have fully rested. MR. REESER: Thank you, Your Honor. (Whereupon, a brief recess was taken at 3:17 p.m.) 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. Pamela R. Sheaffe Official Court ReportLL The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. r Albert H. Masland, J. Ninth Judicial District 7 DONALD E. SNOKE, II, AND DONALD SNOKE, II, AS ADMINISTRATOR OF THE ESTATE OF CARRIE SNOKE, DECEASED, Plaintiffs V. : IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KEVIN ANDERSON AND ROXANE ANDERSON, HIS WIFE, Defendants NO. 03-3715 CIVIL TERM IN RE: OBJECTION TO JURY CHARGE Proceedings held before the HONORABLE ALBERT H. MASLAND, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on December 7, 2011 in Courtroom Number Five. C7 C N C= F7 S APPEARANCES : 1?- co o ' ANTHONY STEFANON, Esquire xa For the Plaintiffs CHRISTOPER M. REESER, Esquire LAUREN M. BURNETTE, Esquire For the Defendants 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Whereupon, the Judge returned to the courtroom at 2:16 p.m.) THE COURT: Before we get started, I do want to point out that it is my understanding that one of our alternates, alternate one, Ms. Treichler, is having a queasy stomach, so we're going to watch it. Hopefully we won't watch it up close and personal. So counsel aide, Justin Stefanon, you may need to be nimble, sir, hopefully not. Let me go over the requested points for charge. Plaintiffs' points for charge, I am going to give point number 1 from Section 360, the restatement, and all of those standard charges found under your point number 2. Any position from the defendant on that? MR. REESER: Your Honor, based upon our conversation in chambers, my understanding is in addition to the -- in conjunction with plaintiffs' point number 1, you will be giving some of the suggested points that we proposed. On that basis, I have no objection. THE COURT: Regarding defendants' proposed points, I've already given 3.0, the deposition testimony, during trial, and all of the others will be given in my closing charge, all of the other standard points. I am going to read as part of my negligence charge your point number 1, the mere happening of an 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 accident is not evidence of negligence, and then I will give the gist, if you will, of your points 2, 3, and 4 with respect to landlord/lessee obligations. I will follow that with a statement that in addition to determining the facts of the case generally, as is their obligation, that the jurors will need to determine the facts as they relate to the relationship between the parties as landlords and tenants. I also want to put on the record that the verdict slip we did go over in chambers. I understand you have an objection you want to put on the record, Mr. Stefanon, to question 1 which deals with assumption of the risk. MR. STEFANON: Correct, Your Honor, and actually that objection would also extend to the point for charge on assumption of risk. Plaintiffs' position is the assumption of risk is not in this case. Assumption of risk requires a voluntary assumption of a known risk, and you can't assume the risk of a hazard which you don't know. It's a subjective test, and Mr. Snoke's testimony is that he did not know that pipe and rock were exposed in that swale, and accordingly he can't have assumed the risk of that hazard. THE COURT: So noted on both the verdict sli and the point. Otherwise, is there anything else we need to 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 put on the record? MR. STEFANON: One thing, Your Honor, on that question of Mrs. Snoke's death. The register has finally issued the letters of administration. Mr. Snoke is now officially appointed as administrator of the estate of Carrie Snoke as of today, 7 December 2011, and I would substitute him for Carrie as administrator in this litigation. THE COURT: Any objection? MR. REESER: No objection, Your Honor. THE COURT: We will note that the caption will need to be changed to reflect that Mr. Snoke is the administrator. He's plaintiff individually and also as administrator of her estate. MR. STEFANON: Thank you, Your Honor. THE COURT: With that, will you please bring in the jurors. I don't know if you said anything to Norma, but they'll need to bring the notepads out. Do we expect any surrebuttal? MR. REESER: I don't know what he's going to testify to, so it's kind of hard for me to say. THE COURT: Fair enough. (Whereupon, the jury returned to the courtroom at 2:21 p.m.) 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. 4 p.r ? 1 Pamela R. Sheaf er Official Court Reporte The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. Albert H. Magi and, J. Ninth Judicial District 5 DONALD E. SNOKE, II and CARRIE SNOKE, his wife, PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. KEVIN ANDERSON and ROXANE ANDERSON, his wife, DEFENDANTS : 03-3715 CIVIL TERM IN RE: PLAINTIFFS' POST-TRIAL MOTION ORDER OF COURT AND NOW, this y 117T day of February, 2012, Plaintiffs post-trial motion is DENIED. By the Court, Albert H. Masland, Anthony Stefanon, Esquire - ,f Justin Stefanon, Esquire Wiled For Plaintiffs Cow la ?,? I °I nt[13 Christopher M. Reeser, Esquire VLauren M. Burnette, Esquire Richard Druby, Esquire For Defendants saa i - -77 'C-' i DONALD E. SNOKE, II and CARRIE SNOKE, his wife, PLAINTIFFS V. KEVIN ANDERSON and ROXANE ANDERSON, his wife, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3715 CIVIL TERM IN RE: PLAINTIFFS' POST-TRIAL MOTION OPINION AND ORDER OF COURT Masland, J., February 10, 2012:-- Before the court is the post-trial motion filed by Plaintiffs, Donald E. Snoke and Carrie Snoke,' seeking a new trial following the entry of a jury verdict in favor of Defendants, Kevin Anderson and Roxanne Anderson. For the following reasons, the motion is denied. 1. Background This is a premises liability case arising from Plaintiff's motorcycle accident upon Defendants' property. The matter proceeded to a jury trial. At the close of Plaintiff's case in chief, Defendants moved for a compulsory nonsuit, which was denied. After Defendants rested, all counsel met in chambers to discuss the jury charge. Following this conference, Plaintiff entered an objection to the charge on the record. Specifically, Plaintiff objected to charge on the doctrine of Assumption of the Risk in the following manner: THE COURT: I also want to put on the record that the verdict slip we did go over in chambers. I understand you have an objection you want to put on the record, Mr. Stefanon, to question 1 which deals with assumption of the risk. ' Hereinafter, any references to Plaintiff will be to Mr. Snoke. Sadly, Mrs. Snoke passed away and her claim was merely derivative of her husband's. 03-3715 CIVIL TERM MR. STEFANON: Correct, Your Honor, and actually that objection would also extend to the point for charge on the assumption of risk. Plaintiffs' position is the assumption of the risk is not in this case. Assumption of risk requires voluntary assumption of a known risk, and you can't assume the risk of a hazard which you don't know. It's a subjective test, and Mr. Snoke's testimony is that he did not know that pipe and rock were exposed in that swale, and accordingly he can't have assumed the risk of that hazard. The court overruled the objection and instructed the jury on the doctrine of Assumption of the Risk. After deliberation, the jury returned a verdict of no negligence. Plaintiff now moves for a new trial arguing that the court erred by instructing the jury on Assumption of the Risk. II. Discussion Plaintiff contends that Pennsylvania courts have abolished the Assumption of the Risk affirmative defense in all but a few circumstances. To the extent that it remains a viable defense, it is exclusively a matter for the court to determine. Thus for the court to instruct the jury on assumption of the risk constitutes an error entitling Plaintiff to a new trial. Essentially, when the court denied Defendant's motion for compulsory nonsuit on the basis of assumption of the risk, the issue was finally resolved and should have been removed from the jury instructions. Plaintiff argues assumption of the risk may still apply where there is express assumption of the risk, strict liability, or where the defense is specifically reserved by statute. In the instant case none of these exceptions exist and therefore the defense should not have been presented to the jury. Defendant first responds by asserting Plaintiff waived this issue by failing to preserve its objection at trial. Defendant concedes Plaintiff did object to the -2- 03-3715 CIVIL TERM jury charge regarding assumption of the risk, but argues that the objection was not sufficiently specific. In short, Plaintiff waived the issue by only objecting to the jury instruction on the grounds that there was not a factual basis in the record to establish that Plaintiff assumed the risk of injury. Plaintiff now frames his objection to the jury instruction as a legal argument-that the court's denial of the motion for compulsory nonsuit precluded instructing the jury on assumption of the risk. Alternatively, Defendant addresses the merits of Plaintiff's argument. Defendant contends the doctrine of assumption of the risk remains a viable defense that is appropriate in the instant case. Defendant also argues that the issue is properly a jury question. III. Waiver The question of waiver will be addressed first. It is well-settled that a failure to timely and specifically object to a jury charge will result in the waiver of that issue. Takes v. Metropolitan Edison Co., 695 A.2d 397 (Pa. 1997). In Takes, our Supreme Court found an objection to a flawed punitive damages charge to be waived where counsel only objected to the court's failure to limit its definition of outrageousness to a fact situation. Counsel failed to object to the negligence and gross negligence portions of the jury charge. Thus the only punitive damages issue preserved was whether the damages should be denied based on a fact limited scenario. Id. at 400. This case is applicable here. Plaintiff objected to the assumption of the risk charge on the basis that the facts of the case did not warrant such a charge. -3- 03-3715 CIVIL TERM He did not object that, as a matter of law, the assumption of the risk issue was not an appropriate jury question. The issue is waived. IV. Assumption of the Risk Alternatively, addressing the merits, Plaintiff's motion should be denied. Clearly, the assumption of the risk doctrine has been largely supplanted by Comparative Negligence Act, 42 Pa.C.S. § 7102(a)-(b). However, it is still available in "cases involving express assumption of risk, cases brought pursuant to 402A (strict liability theory), or cases in which assumption of the risk is specifically reserved by statute." Howell v. Clyde, 620 A.2d 1107, 1111-12 (Pa. 1993). Based on the evidence presented at trial, there were sufficient facts to submit the question to the jury of whether Plaintiff voluntarily assumed the risk of injury when he rode a motorcycle on Defendant's property. However, there is conflicting case law regarding whether the question of assumption of the risk is a question for the jury. The parties cite two apparently contradictory Superior Court opinions on the issue. Plaintiff relies on this language: In our judgment, the within situation is controlled by Howell v. Clyde, supra. A study of the opinions of the Pennsylvania Supreme Court in that litigation leads to the conclusion that the question of whether a litigant has assumed the risk is a question of law and not a matter for jury determination. We further conclude that once the trial court decides that assumption of the risk is not the basis for a compulsory nonsuit, the jury is to be charged only on comparative negligence. Struble v. Valley Forge Military Academy, 665 A.2d 4, 8 (Pa. Super. 1995) (emphasis added). Defendant relies on this language: -4- 03-3715 CIVIL TERM We acknowledge the continuing vitality of the assumption of risk doctrine remains in doubt. Regardless, the question of assumption of the risk typically remains for the jurx. Only where the evidence reveals a scenario so clear as to void all questions of material fact concerning the plaintiffs own conduct can the court enter summary judgment; in effect the court determines that the plaintiff relieved the defendant of the duty to guard him from a risk of harm regardless of the source from which the duty derived. Matharu v. Muir, 29 A.3d 375, 388 (Pa. Super. 2011) (emphasis added) (citations, quotations, and footnote removed). The court relies on Matharu rather than Struble because Matharu is a much more recently decided case, and, as such, it takes precedence of a case from 1995. The court does note that in some circumstances "where the evidence reveals a scenario so clear as to void all questions of material fact concerning the plaintiffs own conduct can the court enter summary judgment ...." Montagazzi v. Crisci, 994 A.2d 626, 636 (Pa. Super. 2010). Thus, as at times it would be appropriate for the court to determine the applicability of the doctrine of the assumption of the risk as a matter of law. However, that simply was not the case at trial. There was ample testimony that Plaintiff, an experienced motorcyclist, was well aware of the potential hazard of unseen obstacles in his path, and yet deliberately rode on dirt paths on numerous occasions. Accordingly, the court could not determine that the doctrine of assumption of the risk was inapplicable as a matter of law and properly presented the question to the jury. V. Conclusion For all these reasons, Plaintiffs post-trial motion is denied. -5- 03-3715 CIVIL TERM ORDER OF COURT AND NOW, this /. day of February, 2012, Plaintiffs post-trial motion is DENIED. By the Court, Albert H. Masland, J. Anthony Stefanon, Esquire Justin Stefanon, Esquire For Plaintiffs Christopher M. Reeser, Esquire Lauren M. Burnette, Esquire Richard Druby, Esquire For Defendants :saa -6-