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Home My WebLink About07-2953t - a JAMES F. O'NEAL, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO: 07- a4s3 01 ??L CIVIL ACTION -LAW DAVID HEINBAUGH, JURY TRIAL DEMANDED Defendant. PRAECIPE TO THE PROTHONOTARY: Please issue a Writ of Summons against the above-named defendant at the following address: David Heinbaugh 62 Pinedale Road P.O. Box 1441 Carlisle, PA 17013 Respectfully submitted, Mancke Wagner, Spreha & McQuillan P. Ri d Wagner, Esquire I.D 23103 33 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorney for Plaintiff Date: /8 ?7 ` J r C.V r\? c? Co T, 0 -n 4 ciFri 'C: County of Cumberland Commonwealth of Pennsylvania JAMES F. O'NEAL, DAVID HEINEAUGH 62 PINEDALE ROAD P.O.BOX 1441 CARLISLE, PA 17013 V& Court of Common Pleas No. ---.Q7-2953- CIVILTERM ------------ 19__-- CIVIL-ACTION-LAW To ---DAV-M-EUj-W&zQQU You are hereby notified that JAMES F. O'NEAL ---------------------------------------------- the Plaintiff hz commenced an action in --_ DIUIL_ACTIOK_LAW --------------------------------- against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date __ MAY 181_ 2007 ------------ 19---- -- - ------------- Prothonotary 2--- Deputy -- Nro ;C) LI) Q 1 H I yb w ,G I I N H H ? C "' ? I I ? ? 1 n ?J 1 I O ? Ln 1 1 H y o ? i 1 1 1 1 I 1 I 1 I 1 1 I I ? ca ? d i i0 I H H N J i .? t I N ))//?? + I ?y ` ?'' O i iLn V I Ey J ro .P? 1 1 1 w I 1 I J 7 ? C", 1 1 1 1H ? C J 1 1 1C I ? r H I w 1 1 I" ?• I I 1 I ? t i I 1 1 1 r ? 1 1 1 1 SHERIFF'S RETURN - REGULAR CASE NO: 2007-02953 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND O'NEAL JAMES F VS HEINBAUGH DAVID RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS HEINBAUGH DAVID was served upon the DEFENDANT , at 1512:00 HOURS, on the 6th day of June 2007 at LOT 1 COOPER CIRCLE CARLISLE, PA 17013 DAVID HEINBAUGH by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Postage .41 Surcharge 10.00 .00 Z, 1116 7 33.21- Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 06/07/2007 MANCKE WAGNER JSPR CQUILLAN By: Dep ty Sheriff A.D. Jeffrey T. McGuire, Esquire Attorney I. D. # 73617 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Fax: (717) 232-2766 Attorneys for Defendant, David Heinbaugh JAMES F. O'NEAL VS. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA DAVID HEINBAUGH Defendant No. 2007-2953 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, David Heimbaugh, with regard to the above-captioned matter. y Date: May 2008 By: ' w Kearns, P.C. 3 rth Front Street sburg, PA 17110-1533 (717) 232-7661 Fax: (717) 232-2766 Attorneys for Defendant, David Heimbaugh 06621/140/133167 CERTIFICATE OF SERVICE AND NOW, this 16th day of May 2008, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: P. Richard Wagner, Esquire Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 CALDWELL & KEARNS By: ?' ?? -rt .?, <<` _ -? r ` ? :? ?J --? ?i Y- x"d ?Aj ?? ?? Jeffrey T. McGuire, Esquire Attorney I. D. # 73617 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Fax: (717) 232-2766 Attorneys for Defendant, David Heinbaugh JAMES F. O'NEAL Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. DAVID HEINBAUGH Defendant No. 2007-2953 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO ISSUE COMPLAINT TO THE PROTHONOTARY: Please issue a Rule upon Counsel for Plaintiff, James F. O'Neal, to file a Complaint within twenty (20) days of service of said Rule, or suffer judgment of non pros. itted, Date: May A, 2008 06621/140/133226 By: V 7 ffr McGuire, Esquire rn y I. D. # 73617 aldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 (717) 232-2766 (fax) jmcguire@caldwellkearns.com Attorney for Defendant, David Heimbaugh JAMES F. O'NEAL IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. DAVID HEINBAUGH To: Defendant No. 2007-2953 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED RULE A Rule is hereby issued upon you to file a Complaint within twenty (20) days of service hereof, or judgment of non pros will be entered against you. Pr onotary Dated: flaolag CERTIFICATE OF SERVICE lQ? AND NOW, this da'y of May 2008, 1 hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: P. Richard Wagner, Esquire Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 CALDWELL & KEARNS eA , By: Jeffrey T. McGuire, Esquire Attorney I. D. # 73617 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Fax: (717) 232-2766 Attorneys for Defendant, David Heinbaugh JAMES F. O'NEAL, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 2007-2953 Civil Term DAVID HEINBAUGH, Defendant. CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoena 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 subpoenas are sought to be served; 2. A copy of the Notice of Intent to Serve Subpoena, including the proposed subpoenas, is attached to this certificate; 3. No objection to the subpoenas has been received; and 4. The subpoenas which will be served are identical to the subpoenas which are attached to the Notice of Intent to Se a ub na. By: ._' Dat . Jeffrey T. McGuire, Esquire I.D. No. 73617 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Defendant Jeffrey T. McGuire, Esquire Attorney I. D. # 73617 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Fax: (717) 232-2766 Attorneys for Defendant David Heinbaugh JAMES F. O'NEAL, vs. IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA DAVID HEINBAUGH, Defendant. : No. 2007-2953 Civil Term 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 To: P. Richard Wagner, Esquire Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 Defendant intends 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 subpoenas. If no objection is made the subpoenas may be served. submitted, By: Date: i??l" Fe McGure, Esquire o. 73617 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND James F. O'Neal, Plaintiff, V. David Heinbaugh, Defendant. File No. 2007-2953 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 M CarliclP Hacnil-al (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 Exhibit A Caldwell & Kearns at 3631 North Front Street Harrisburg, PA 17110 (Address) You may deliver or mail legible copies of the documents or produce things requested by this n1bPOens, 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 parry 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: 7f fr y T McGuire . Esquire ADDRESS: 3631 North Front Street -- aht?r 10 PA 17110 TELEPHONE: 7 17 - 2 3 2- T6 61 SUPREME COURT ID # 7 3 61 7 ATTORNEY FOR: Defend n BY THE COURT: Prothonotary, Civil Division Date: 'Seal of the Court Deputy EXHIBIT A Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Name: James F. O'Neal DOB: 12/08/52 Date of Loss: 06/24/05 Dates Requested: Any and all records from 12/08/52 up to and including the present. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND James F. O'Neal, Plaintiff, File No. 2007-2953 V. David Heinbaugh, Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hershey Medical Center (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 Exhibit A Caldwell & Kearns at 3631 North Front Street, Harrisburg PA 17110 (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: Jeffrey T. McGuire, Esquire ADDRESS: 3631 North Front Street Harri ghurq., PA 17110 TELEPHONE: 71 7-232-7661 SUPREME COURT ID # 7 3 617 ATTORNEY FOR: _De f e nda nt BY THE COURT: Prothonotary, Civil Division Date: 'Seal of the Court Deputy EXHIBIT A Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Name: James F. O'Neal DOB: 12/08/52 Date of Loss: 06/24/05 Dates Requested: Any and all records from 12/08/52 up to and including the present. COMMONWEALTH OF PENNSYLVANIA COUN'T'Y OF CUMBERLAND James F. O'Neal, Plaintiff, File No. 2007-2953 V. David Heinbaugh, Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Ted Kosenske (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 Exhibit A Caldwell & Kearns at 3631 North Front Street, Harrisburg, PA 17110 (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: Jeffrey T McGuire, Esquire ADDRESS: _ 3631 North Front Street FTArri churl. 'P'A 17110 TELEPHONE: 71 7-232-7661 SUPREME COURT ID # 7 3 61 7 ATTORNEY FOR: n fandan BY THE COURT: Prothonotary, Civil Division Date. 'Seal of the Court Deputy EXHIBIT A Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Name: James F. O'Neal DOB: 12/08/52 Date of Loss: 06/24/05 Dates Requested: Any and all records from 12/08/52 up to and including the present. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND James F. O'Neal, Plaintiff, V. David Heinbaugh, Defendant. File No. 2007-2953 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: wi i i i mm pho, an (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 Exhibit A Caldwell & Kearns at 3631 North Front Street, Harrisburg, PA 17110 (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: Jeffrey T. McGuire Esquire ADDRESS: 3631 North Front Street ffarric;hiircy, PA 17110 TELEPHONE: 717 - 2 3 2- 7 6 61 SUPREME COURT ID # 7 3 617 ATTORNEYFOR: T) fPndan BY THE COURT: Prothonotary, Civil Division Date: 'Seal of the Court Deputy EXHIBIT A Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Name: James F. O'Neal DOB: 12/08/52 Date of Loss: 06/24/05 Dates Requested: Any and all records from 12/08/52 up to and including the present. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND James F. O'Neal, Plaintiff, File No. 2007-2953 V. David Heinbaugh, Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: SttPnhan T(- Pnwprc (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 Exhibit A Caldwell & Kearns at 3631 North Front Street, Harrisburg, PA 17110 (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: Pffr y T McGuire Esquire ADDRESS: 3631 North Front Street Harri Ghurg., 'PA 17110 TELEPHONE: 71 7-232-7661 SUPREME COURT ID # 7 3 617 ATTORNEY FOR: n fend n BY THE COURT: Prothonotary, Civil Division Date: 'Seal of the Court Deputy EXHIBIT A Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Name: James F. O'Neal DOB: 12/08/52 Date of Loss: 06/24/05 Dates Requested: Any and all records from 12/08/52 up to and including the present. Attorney I. D. # 73617 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Fax: (717) 232-2766 Attorneys for Defendant, David Heinbaugh JAMES F. O'NEAL, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2007-2953 Civil Term DAVID HEINBAUGH, CIVIL ACTION - LAW Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW thisay of_, 2009, I hereby certify that I have served a copy of the foregoing Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 in the above captioned action on all counsel of record by forwarding a true and correct copy of same by First Class United States Mail, postage prepaid, addressed to the following: P. Richard Wagner, Esquire Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 By: Attorney I. D. # 73617 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Fax: (717) 232-2766 Attorneys for Defendant, David Heinbaugh JAMES F. O'NEAL, vs. Plaintiff, DAVID HEINBAUGH, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 2007-2953 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW thiWay of ?, 2009, I hereby certify that I have served a copy of the foregoing Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 and Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 in the above captioned action on all counsel of record by forwarding a true and correct copy of same by First Class United States Mail, postage prepaid, addressed to the following: P. Richard Wagner, Esquire Mancke, Wagner & Spreha 2233 North Fro t Street Harrisburg, PA110 e,l? art AMc P. Richard Wagner, Esquire PA Supreme Court I.D. #23103 Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax(717)234-7080 Attorney For Plaintiff JAMES F. O'NEAL, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. : NO: 07-2953 CIVIL TERM : CIVIL ACTION - LAW DAVID HEINBAUGH, Defendant. : JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, PA 17013 (717) 249-3166 NOTICIA Les han demandado a usted en la corte. Se usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archhivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en conra de su persona. Sea avisado qui si usted no soe defiende, la corte tomara mmedidas y purde entrar una orden contra usted sin previo aviso o notoficacion y pro cualquier queja o alivio que es pedido en la peticion de demander Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDO A UN ABODAGO RAMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICIAN CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, PA 17013 (717) 249-3166 P. Richard Wagner, Esquire PA Supreme Court I.D. #23103 Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717) 234-7080 Attorney For Plaintiff JAMES F. O'NEAL, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. : NO: 07-2953 CIVIL TERM CIVIL ACTION - LAW DAVID HEINBAUGH, JURY TRIAL DEMANDED Defendant. COMPLAINT AND NOW, comes the Plaintiff, James F. O'Neal, by and through his attorneys, Mancke, Wagner, Spreha & McQuillan, and files the following Complaint: 1. The Plaintiff, James F. O'Neal, is an adult individual residing at 24 Pennway Drive, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant, David Heinbaugh, is an adult individual residing at 62 Pinedale Road, P.O. Box 1441, Carlisle, Cumberland County, Pennsylvania. 3. The facts and occurrences herein occurred June 24, 2005, on Route 11, West Pennsboro Township, Cumberland County, Pennsylvania. 4. At the aforementioned time and place, the Plaintiff herein was operating a 2005 Toyota Tundra in a southbound direction on Route 11 in Cumberland County, Pennsylvania. S. At the aforementioned time and place, the Defendant, David Heinbaugh, was operating a Pontiac Grand Am in a northbound direction on Route 11 in Cumberland County, Pennsylvania. 6. At the aforementioned time and place, the Defendant did make a lefthand turn in front of the vehicle of the Plaintiff, causing the vehicles to collide, causing injury to the Plaintiff herein. 7. The aforementioned collision was a direct result of the Defendant's careless and negligent operation of his motor vehicle in that: A. He failed to yield to oncoming traffic; B. He failed to observe the vehicle of the Plaintiff; C. He made a lefthand turn in front of the vehicle of the Plaintiff without adequate distance between the two vehicles; D. He failed to brake in such time so as to avoid a collision with Plaintiff's vehicle; E. He violated the provisions of the Motor Vehicle Code as it relates to improper lefthand turns; F. He failed to observe the vehicle of the Plaintiff so as to avoid a collision or impact with the vehicle of the Plaintiff; G. He failed to observe the vehicle of the Plaintiff traveling the opposite direction; -2- H. Making a lefthand turn in front of the vehicle of the Plaintiff when making such lefthand turn was done without observing the vehicle of the Plaintiff; and 1. Otherwise operating his vehicle in a careless and negligent manner in violation of the provisions of the Motor Vehicle Code. 8. As a result of the aforementioned collision, the Plaintiff did suffer the following injuries that include but are not limited to the following: A. Severe trauma to the nervous system; B. Severe strain to the back; C. Aggravation of a pre-existing back problem; D. Severe trauma to the neck area; E. Severe strain to the neck area; F. Exacerbation of a pre-existing neck injury; and G. Fractured vertebrae; H. Herniation of the back; and 1. Herniation of the vertebrae. 9. As a result of the aforementioned injuries, the Plaintiff has in the past and will undergo in the future great pain and suffering. 10. As a result fo the aforementioned injuries, the Plaintiff has in the past and will in the future sustain a loss of life's pleasures. -3- I 1. As a result of the aforementioned injuries, the Plaintiff has exceeded medical expenses beyond that provided by the Motor Vehicle Financial Responsibility Law. 12. As a result of the aforementioned injuries, the Plaintiff has exceeded the limits of wage loss as provided by the Motor Vehicle Financial Responsibility Law. 13. As a result of the aforementioned injuries, the Plaintiff has in the past and will in the future sustain medical expenses and lost wages. 14. As a result of the aforementioned injuries, the Plaintiff has suffered a permanent diminution in earning capacity. 15. As a result of the aforementioned injuries, the Plaintiff has undergone surgery at the Osteopathic Hospital and has a permanent prosthetic rod and two (2) pins in his back. WHEREFORE, Plaintiff requests the Court to grant judgment against the Defendant and in favor of the Plaintiff in an amount in excess of $50,000.00, thereby requiring a jury trial. Respectfully Submitted, Wagner, Esquire I.D. #23103 2233 North Front Street Harrisburg, PA 17110 Attorneys For Plaintiff Date- -y o3D D -4- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. Date: ell / .? "!g HUD- OF ?hc F r -. `.'? , ARY 2009 APR 22 AIN 9: 48 i s JAMES F. O'NEAL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO.: 07-2953 CIVIL TERM V. CIVIL ACTION - LAW DAVID HEINBAUGH JURY TRIAL DEMANDED Defendant NOTICE TO PLEAD TO: James F. O'Neal c/o P. Richard Wagner, Esquire Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 YOU ARE HEREBY NOTIFIED that the New Matter set forth herein contain averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. submitted, Date: August 10, 2009 By: Je y F. McGuire, Esquire orney I. D. # 73617 aldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Defendant, David Heinbaugh Jeffrey T. McGuire, Esquire Attorney I. D. # 73617 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Fax: (717) 232-2766 Attorney for Defendant, David Heinbaugh JAMES F. O'NEAL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO.: 07-2953 CIVIL TERM V. CIVIL ACTION - LAW DAVID HEINBAUGH JURY TRIAL DEMANDED Defendant DEFENDANT, DAVID HEINBAUGH'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, David Heinbaugh, by and through his attorney, Jeffrey T. McGuire, Esquire, of Caldwell & Kearns, P.C., and files the within Answer with New Matter and avers in support thereof as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied as a conclusion of law. 8. Denied. 9. Denied. 10. Denied. 11. Denied. 12. Denied. 13. Denied. 14. Denied. 15. Denied. WHEREFORE, Defendant, David Heinbaugh demands that the Complaint be dismissed and judgment entered in his favor and against the Plaintiff without cost to him but together with such costs, expenses and attorneys fees as authorized by law and which the Court deems necessary, just and appropriate under the circumstances. DEFENDANT'S NEW MATTER DIRECTED TO PLAINTIFF 16. The answers to paragraphs 1 through 15 are incorporated herein as though set forth at length. 17. Plaintiff's claims are barred in whole or in part by provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 18. Plaintiff's injuries pre-existed the motor vehicle accident which is the subject of Plaintiff's Complaint. 19. In accordance with § 1722 of the Pennsylvania Motor Vehicle Financial Responsibility law, Plaintiff is not entitled to recover any sums paid or payable from any group plan or other arrangement from this Defendant. 20. Plaintiff has failed to plead whether he was bound by the limited tort or full tort option on the date of the accident, and if limited tort applies, Plaintiff has failed to plead an exception to the rule prohibiting recovery of non-economic damages in accordance with 75 Pa. C.S.A.§1705. 2 21. Defendant specifically preserves those defenses of contributory/comparative negligence and assumption of risk under Pa. R.C.P. 1030. WHEREFORE, Defendant, David Heinbaugh demands that the Complaint be dismissed and judgment entered in his favor and against the Plaintiff without cost to him but together with such costs, expenses and attorneys fees as authorized by law and which the Court deems necessary, just and appropriate under the Date: August 10, 2009 By: Guire, Esquire I. P. # 73617 06621-140-148514 Caldwell $c Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 (717) 232-2766 (fax) jmcguire@caldwellkeams.com Attorney for Defendant, David Heinbaugh 3 VERIFICATION The undersigned hereby verifies that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 Pa.C.S § 4904 relating to unsworn falsification to authorities. Dated: 4vid i nbaugh CERTIFICATE OF SERVICE AND NOW, this 10`h day of August 2009, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: P. Richard Wagner, Esquire Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 CALDWELL & KEARNS By: /? - RLED" !U, r':a ?'i t • t ?1 P. Richard Wagner, Esquire Attorney ID No. 23103 Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717) 234-7080 Attorney for Plaintiff ZOIGFc3 _; C' JAMES F. O'NEAL, vs. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA DAVID HEINBAUGH, Defendant. : NO: 2007-2953 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned matter as settled and satisfied. Respectfully submitted, MANCKE, WAGNER & SPREHA P. Ri rd Wagner, Esquire I.D. #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorney for Plaintiff Date: October 27, 2009