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HomeMy WebLinkAbout07-4043 KLEIN, VOGIN & GOLD BY: MARC VOGIN, ESQUIRE I.D. #: 46739 117 S. 17"' STREET SUITE 1100 PHILADELPHIA, PENNSYLVANIA 19103 (215) 557 - 9119 Lois Gross 7280 Aliens Lane Philadelphia, PA 19119 and Beverly Gross-Spencer and Timothy Spencer (H/W) 1027 Brunswick Road Sharon Hill, PA 19079 vs. Linda M. Hajjar 811 Conodoguient Drive Camp Hill, PA 17011 ATTORNEY FOR PLAINTIFFS COURT OF COMMON PLEAS CUMBERLAND COUNTY TERM, 2007 ! [ NO. D~_ ~D~~ C. - ( ~ v i (Term CIVIL ACTION YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS ?O 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 CLAIlvIED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAIlVTIliF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IlVIPORTANT 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 THE TELEPHONE OR THE OFFICE SET FORTH $ELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. :` CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 KLEIN, VOGIN & GOLD BY: MARC VOGIN, ESQUIRE I.D. #: 46739 117 S. 17~ STREET SUITE 1100 PHILADELPHIA, PENNSYLVANIA 19103 (21S) SS7 - 9119 Lois Gross 7280 Allens Lane Philadelphia, PA 19119 and Beverly Gross-Spencer and Timothy Spencer (H/W) 1027 Brunswick Road Sharon Hill, PA 19079 vs. Linda M. Hajjar 811 Conodoguient Drive Camp Hill, PA 17011 ATTORNEY FOR PLAINTIFFS :COURT OF COMMON PLEAS CUMBERLAND COUNTY TERM, 2007 CIVIL ACTION 1. Plaintiff, Lois Gross, is an individual, residing at the aforesaid address. 2. Plaintiffs, Beverly Gross-Spencer and Timothy Spencer, are individuals, residing together as husband and wife, at the aforesaid address. 3. Defendant, Linda M. Hajjar, is an individual, residing at the aforesaid address. 4. At all times material hereto, Plaintiff, Timothy Spencer, owned, operated, controlled, maintained and/or possessed a certain Toyota motor vehicle involved in the collision as more fully set forth hereafter. S. At all times material hereto, Plaintiffs, Lois Gross and Beverly Gross-Spencer were passengers in Plaintiff, Timothy Gross' aforesaid motor vehicle. 6. At all times material hereto, Defendant possessed, operated, maintained and/or controlled a certain Toyota motor vehicle involved in the collision as more fully set forth hereafter. 7.On or about July 23, 2005, at or about 2:20 p.m., Plaintiff, Timothy Spencer, acting as aforesaid, was operating his aforesaid motor vehicle on LR 770 South, East Pennsboro Township, PA (which is a public highway in Bucks County, Pennsylvania), when said vehicle was struck in its rear by Defendants' vehicle, which was being operated on the aforesaid on LR 770 South and was pushed into a lead vehicle. As a result of which, Plaintiffs sustained the injuries and damages hereinafter set forth. 8. The negligence, carelessness and recklessness of the Defendant, acting as aforesaid, consisted of the following: a) operating said vehicle without due regard for the rights, safety, points and position of the Plaintiffs; b) operating said vehicle in a careless, negligent and reckless manner; c) failing to maintain proper control over said vehicle; d) operating said vehicle at an excessive rate of speed under the circumstances; e) failing to maintain a proper lookout for traffic conditions; f) failing to yield the right-of--way to Plaintiffs; g) failing to avoid the collision; h) violating the assured clear distance ahead rule; i) failing to exercise due care under the circumstances; j) violating the statutes of the Commonwealth of Pennsylvania pertaining to the operation of motor vehicles on public highways. COUNTI Lois Gross v. Defendant 9. Plaintiff, Lois Gross, incorporates by reference thereto paragraphs one (1) through eight (8), inclusive, as if hereinafter set forth at length. 10. As a result of the aforementioned accident, Plaintiff, Lois Gross, sustained injuries including, but not limited to: bilateral vitreous detachment ,post traumatic in nature, post traumatic bilateral shoulder sprain with internal derangement, rotator cuff tendonitis and bursitis of the right shoulder, spinal strain and sprain and headaches. She suffered aches, pains, mental anguish, disability and shock to her entire nervous system and may otherwise have been injured, whereby, Plaintiff, Lois Gross, has suffered great physical pain and agony and may continue to suffer the same for an indefinite time in the future. 11. As a result of the aforesaid accident, Plaintiff, Lois Gross, has suffered severe physical pain, mental anguish and humiliation and may continue to suffer the same for an indefinite time in the future, all to her great detriment and loss. 12. By reason of the aforesaid accident, Plaintiff, Lois Gross, may have sustained other injuries and pre-existing conditions may have been aggravated. 13. By reason of the aforesaid accident, Plaintiff, Lois Gross, has or will be obligated to receive and undergo medical care and attention and to incur various and diverse expenses in an effort to effect a cure of her aforesaid injuries, as described in the Pennsylvania Financial Responsibility Law, and may be obligated to continue to expend such sums or incur such expenditures for an indefinite time in the future, all to her great detriment. 14. By reason of the aforesaid accident, Plaintiff, Lois Gross, has or may incur in the future further financial expenses or losses which do or may exceed the amounts she is entitled to recover from her own automobile insurer pursuant to the applicable insurance contract and the Pennsylvania Financial Responsibility Law, all to her great detriment and loss. 15. As a result of the aforesaid accident, Plaintiff, Lois Gross, was disabled and had a loss of earning power and capacity, loss of revenue and other work loss related to the accident aforementioned. 16. At all times material hereto, Plaintiff, Lois Gross, was entitled to recover non economic damages in accordance with 75 Pa. C.S.A. Section 1705. WHEREFORE, Plaintiff, Lois Gross, demands judgment against Defendant in an amount in excess of Fifty Thousand ($50,000.00) Dollars, plus interest and costs. COUNT II Timothy Spencer vs. Defendant 17. Plaintiff, Timothy Spencer, incorporates by reference thereto paragraphs one (I ) through eight (8), inclusive, as if hereinafter set forth at length. 18. As a result of the aforementioned accident, Plaintiff, Timothy Spencer, sustained injuries including, but not limited to: persistent sprain of the left knee with internal derangement, spinal strain and sprain and trapezii myofascitis. He suffered aches, pains, mental anguish, disability and shock to his entire nervous systems, and may otherwise have been injured, whereby, Plaintiff, Timothy Spencer, has suffered great physical pain and agony and may continue to suffer the same for an indefinite time in the future. 19. As a result of the aforesaid accident, Plaintiff, Timothy Spencer, has suffered severe physical pain, mental anguish and humiliation and may continue to suffer the same for an indefinite time in the future, all to his great detriment and loss. 20. By reason of the aforesaid, Plaintiff, Timothy Spencer, may have sustained other injuries and pre-existing conditions may have been aggravated. 21. By reason of the aforesaid accident, Plaintiff, Timothy Spencer, has or will be obligated to receive and undergo medical care and attention and to incur various and diverse expenses in an effort to effect a cure of his aforesaid injuries, described in the Pennsylvania Financial Responsibility Law, and may be obligated to continue to expend such sums or incur such expenditures for an indefinite time in the future, all to his great detriment. 22. By reason of the aforesaid accident, Plaintiff, Timothy Spencer, has or may incur in the future further financial expenses or losses which do or may exceed the amounts he is entitled to recover pursuant to the Pennsylvania Financial Responsibility Law, all to his great detriment and loss. 23. As a result of the aforesaid, Plaintiff, Timothy Spencer, was disabled and had a loss of earning power and capacity, loss of revenue and other work loss related to the accident aforementioned. 24. At all times material hereto, Plaintiff, Timothy Spencer, was entitled to recover nan economic damages in accordance with 75 Pa. C.S.A. Section 1705. WHEREFORE, Plaintiff, Timothy Spencer, demands judgment against the Defendant in an amount in excess of Fifty Thousand ($50,000.00) Dollars, plus interest and costs. COUNT III Beverly Gross-Spencer vs. Defendant 25. Plaintiff, Beverly Gross-Spencer ,incorporates by reference thereto paragraphs one (1) through eight (8), inclusive, as of hereinafter set forth at length. 26. As a result of the aforementioned accident, Plaintiff, Beverly Gross-Spencer , sustained injuries including, but not limited to: spinal strain and sprain, cervical disc herniation at CS-6, cervical radiculopathy. She suffered aches, pains, mental anguish, disability and shock to her entire nervous system and may otherwise have been injured, whereby, Plaintiff, Beverly Gross-Spencer ,has suffered great physical pain and agony and may continue to suffer the same for an indefinite time in the future. 27. As a result of the aforesaid accident, Plaintiff, Beverly Grass-Spencer ,has suffered severe physical pain, mental anguish and humiliation and may continue to suffer the same for an indefinite time in the future, all to her great detriment and loss. 28. By reason of the aforesaid accident, Plaintiff, Beverly Gross-Spencer ,may have sustained other injuries and pre-existing conditions may have been aggravated. 29. By reason of the aforesaid accident, Plaintiff, Beverly Gross-Spencer ,has or will be obligated to receive and undergo medical care and attention and to incur various and diverse expenses in an effort to erect a cure of her aforesaid injuries, as described in the Pennsylvania Financial Responsibility Law, and may be obligated to continue to expend such sums or incur such expenditures for an indefinite time in the future, all to her great detriment. 30. By reason of the aforesaid accident, Plaintiff, Beverly Gross-Spencer ,has or may incur in the future fitrther financial expenses or losses which do or may exceed the amounts she is entitled to recover from her own automobile insurer pursuant to the applicable insurance contract and the Pennsylvania Financial Responsibility Law, all to her great detriment and loss. 31. As a result of the aforesaid accident, Plaintiff, Beverly Gross-Spencer ,was disabled and had a loss of earning power and capacity, loss of revenue and other work loss related to the accident aforementioned. 32. At all times material hereto, Plaintiff, Beverly Gross-Spencer ,was entitled to recover non economic damages in accordance with 75 Pa. C.S.A. Section 1705. WHEREFORE, Plaintiff, Beverly Gross-Spencer ,demands judgment against Defendant in an amount in excess of Fifty Thousand ($50,000.00) Dollars, plus interest and costs. COUNT N Timothy Spencer vs. Defendant 33. Plaintiff, Timothy Spencer, incorporates by reference thereto paragraphs one (1) through thirty -two (32) inclusive, as if hereinafter set forth at length. 34. Plaintiff, Timothy Spencer, avers that all times material hereto, he was and is the husband of Beverly Gross-Spencer ,Plaintiff above. 35. As a result of the aforesaid carelessness, recklessness and negligence of the Defendant, Plaintiff, Timothy Spencer, has been and will continue to be deprived of the aid, comfort, society, assistance and consortium of his said wife, all to his great detriment. 36. As a result of the aforesaid carelessness, recklessness and negligence of the Defendant, acting as aforesaid, Plaintiff, Timothy Spencer, has or will continue to be obligated for an indefinite time in the future to expend various and diverse sums of money for medical care and treatment for his said wife in an endeavor to effect a cure of his said wife's aforesaid injuries, all to his great detriment and financial loss. WHEREFORE, Plaintiff, Timothy Spencer, demands judgment against Defendant in an amount in excess of Fifty Thousand ($50,000.00) Dollars, plus interest and costs. COUNT V Beverly Gross-Spencer v. Defendant 37. Plaintiff, Beverly Gross-Spencer ,incorporates by reference thereto paragraphs one (1) through thirty -six (36), inclusive, as if hereinafter set forth at length. 38. Plaintiff, Beverly Gross-Spencer ,avers that all times material hereto, she was and is the wife of Timothy Spencer, Plaintiff above. 39. As a result of the aforesaid cazelessness, recklessness and negligence of the Defendant, acting as aforesaid, Plaintiff, Beverly Gross-Spencer, has been and will continue to be deprived of the aid, comfort, society, assistance and consortium of her said husband, all to her great detriment. 40. As a result of the aforesaid carelessness, recklessness and negligence of the Defendant, acting as aforesaid, Plaintiff, Beverly Gross-Spencer ,has or will continue to be obligated for an indefinite time in the future to expend various and diverse sums of money for medical care and treatment for her said husband in an endeavor to effect a cure of her said husband's aforesaid injuries, all to her great detriment and financial loss. WHEREFORE, Plaintiff, Beverly Gross-Spencer ,demands judgment against Defendant, in an amount in excess of Fifty Thousand ($50,000.00) Dollars, plus interest and costs. KLE VOG GOLD BY: MARC V~IN~,ESQUIRE Attorney f Plai ills Sp ~' '60. t~ ~ oo ~ ~ Q r-- = ? r n~ r ? ~ ~ cn : ` _~,_, 2~ ' := ~ _~ ..;~ r; , ~''~ -G ~ r ~,~ .x~ ~ _...,' ..~ Q V~ r ' "~.+~ Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw.com LOIS GROSS and BEVERLY GROSS-SPENCER and TIMOTHY SPENCER (h/w), Plaintiffs v. LINDA M. HAJJAR, Defendant TO THE PROTHONOTARY: Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-4043 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE PLEASE ENTER THE Appearance of the undersigned on behalf of the Defendant, Linda M. Hajjar, in the above-captioned matter. JOHN, DUFFIE, STEWART & WEIDNER Date: ~ j~/j>~ ~Jeffel`son J. Shipman, Esquire Attorneys I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com Attorneys for Defendant .- ~-. CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on ~ 7 Marc Vogin, Esquire Klein, Vogin & Gold 117 South 17th Street, Suite 1100 Philadelphia, PA 19119 Attorneys for Plaintiffs 306659 JOHNSON, DUFFIE, STEWART & WEIDNER Jeffsoif J'Shipman, Ls I.D. 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendants . , ~ ~_ `~ .--+ :C.~n i"_ i ( ~..s ~ `.. ~ ~`~Y t,•~i Y f~ SHERIFF'S RETURN - REGULAR CASE NO: 2007-04043 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GROSS LOIS ET AL VS HAJJAR LINDA M KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE HAJJAR LINDA M DEFENDANT at HOSPICE ENOLA, PA 17025 r T~TT1T TTT T TT T by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 .~~~ Service 14.40 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 ~a~~3f b'~ (~,,,~ '~ 42 .40 08/01/2007 KLEIN VOGIN & GOLD Sworn and Subscibed to By: before me this day epu her of A.D. was served upon the at 1611:00 HOURS, on the 30th day of July 2007 98 S ENOLA DRIVE Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant LOIS GROSS and BEVERLY GROSS-SPENCER and TIMOTHY SPENCER (h/w), Plaintiffs v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-4043 CIVIL TERM LINDA M. HAJJAR, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Marc Vogin, Esquire Klein, Vogin & Gold 117 South 17th Street, Suite 1100 Philadelphia, PA 19119 Attorneys for Plaintiffs YOU ARE HEREBY notified to plead to the within New Matter of Defendant within twenty (20) days. JOHNSON, DUFFLE, STEWART & WEIDNER J erson J. Ship n, Esquire Attorneys for Defendant DATE: Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw.com Attorneys for Defendant LOIS GROSS and BEVERLY GROSS-SPENCER and TIMOTHY SPENCER (h/w), Plaintiffs v. LINDA M. HAJJAR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-4043 CIVIL TERM JURY TRIAL DEMANDED DEFENDANT'S ANSWER AND NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, Linda M. Hajjar, by and through her counsel, Jefferson J. Shipman, Esquire, and Johnson, Duffle, Stewart & Weidner, and files the following Answer and New Matter to Plaintiffs' Complaint: 1. Admitted upon information and belief. 2. Admitted in part, denied in part. It is admitted that the Plaintiffs are adult individuals. After reasonable investigation, Ms. Hajjar is without sufficient knowledge to form a truth of the remaining averments of Paragraph 2. 3. Admitted except as to the address. 4. Denied. After reasonable investigation, Ms. Hajjar is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 4 and the same are therefore denied. 5. Denied. After reasonable investigation, Ms. Hajjar is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 5 and the same are therefore denied. 6. Admitted. 7. Admitted in part, denied in part. It is admitted that on July 23, 2005 at approximately 2:20 P.M. there was an accident between Plaintiff and Defendants' vehicle. The averment is denied insofar as it states a location of the accident, which is incorrect. It is believed that the accident occurred on U.S. Routes 11 & 15 in East Pennsboro Township, Cumberland County, Pennsylvania. 8. Denied. The averment contained in Paragraph 8, and subparagraphs a) through j), are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained in 8, and each and every subparagraph a) through j), are specifically denied. a) Denied. It is specifically denied that Ms. Hajjar operated said vehicle without due regard for the rights safety, points and position of the Plaintiffs; b) Denied. It is specifically denied that Ms. Hajjar operated said vehicle in a careless, negligent and reckless manner; c) Denied. It is specifically denied that Ms. Hajjar failed to maintain proper control over said vehicle; d) Denied. It is specifically denied that Ms. Hajjar operated said vehicle at an excessive rate of speed under the circumstances; e) Denied. It is specifically denied that Ms. Hajjar failed to maintain a proper lookout for traffic conditions; f) Denied. It is specifically denied that Ms. Hajjar failed to yield the right-of-way to Plaintiffs; g) Denied. It is specifically denied that Ms. Hajjar failed to avoid the collision; h) Denied. It is specifically denied that Ms. Hajjar violated the assured clear distance ahead rule; i) Denied. It is specifically denied that Ms. Hajjar failed to exercise due care under the circumstances; and j) Denied. It is specifically denied that Ms: Hajjar violated the statutes of the Commonwealth of Pennsylvania pertaining to the operation of motor vehicles on public highways. COUNTI Lois Gross v. Defendant 9. Mrs. Hajjar incorporates herein by reference her answers to Paragraphs 1 through 8 above as though fully set forth herein at length. 10. Denied. After reasonable investigation, Mrs. Hajjar is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 10, relating to Plaintiff's alleged injuries, and the same are therefore denied and strict proof demanded at the time of trial. 11. Denied. After reasonable investigation, Mrs. Hajjar is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 11, relating to Plaintiffs alleged injuries, and the same are therefore denied and strict proof demanded at the time of trial. 12. Denied. After reasonable investigation, Mrs. Hajjar is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 12, relating to Plaintiff's alleged injuries, and the same are therefore denied and strict proof demanded at the time of trial. 13. Denied. After reasonable investigation, Mrs. Hajjar is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 13, relating to Plaintiff's alleged injuries, and the same are therefore denied and strict proof demanded at the time of trial. 14. Denied. After reasonable investigation, Mrs. Hajjar is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 14 and the same are therefore denied and strict proof demanded at the time of trial. 15. Denied. After reasonable investigation, Mrs. Hajjar is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 15 and the same are therefore denied and strict proof demanded at the time of trial. 16. Denied. After reasonable investigation, Mrs. Hajjar is without sufFicient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 16 and the same are therefore denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, Linda M. Hajjar, respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. COUNT II Timothy Spencer v. Defendant 17. Mrs. Hajjar incorporates herein by reference her answers to Paragraphs 1 through 8 above as though fully set forth herein at length. 18. Denied. After reasonable investigation, Mrs. Hajjar is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 18 and the same are therefore denied and strict proof demanded at the time of trial. 19. Denied. After reasonable investigation, Mrs. Hajjar is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 19 and the same are therefore denied and strict proof demanded at the time of trial. 20. Denied. After reasonable investigation, Mrs. Hajjar is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 20 and the same are therefore denied and strict proof demanded at the time of trial. 21. Denied. After reasonable investigation, Mrs. Hajjar is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 21 and the same are therefore denied and strict proof demanded at the time of trial. 22. Denied. After reasonable investigation, Mrs. Hajjar is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 22 and the same are therefore denied and strict proof demanded at the time of trial. 23. Denied. After reasonable investigation, Mrs. Hajjar is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 23 and the same are therefore denied and strict proof demanded at the time of trial. 24. Denied. After reasonable investigation, Mrs. Hajjar is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 24 and the same are therefore denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, Linda M. Hajjar, respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. COUNT III Beverly Gross-Spencer v. Defendant 25.. Mrs. Hajjar incorporates herein by reference her answers to Paragraphs 1 through 8 above as though fully set forth herein at length. 26. Denied. Mrs. Hajjar is without sufficient knowledge or information to form a belief as to the truth of the averments of Paragraph 26 and the same are therefore denied and strict proof demanded at the time of trial. 27. Denied. Mrs. Hajjar is without sufficient knowledge or information to form a belief as to the truth of the averments of Paragraph 27 and the same are therefore denied and strict proof demanded at the time of trial. 28. Denied. Mrs. Hajjar is without sufficient knowledge or information to form a belief as to the truth of the averments of Paragraph 28 and the same are therefore denied and strict proof demanded at the time of trial. 29. Denied. Mrs. Hajjar is without sufficient knowledge or information to form a belief as to the truth of the averments of Paragraph 29 and the same are therefore denied and strict proof demanded at the time of trial. 30. Denied. Mrs. Hajjar is without sufficient knowledge or information to form a belief as to the truth of the averments of Paragraph 30 and the same are therefore denied and strict proof demanded at the time of trial. 31. Denied. Mrs. Hajjar is without sufficient knowledge or information to form a belief as to the truth of the averments of Paragraph 31 and the same are therefore denied and strict proof demanded at the time of trial. 32. Denied. Mrs. Hajjar is without sufficient knowledge or information to form a belief as to the truth of the averments of Paragraph 32 and the same are therefore denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, Linda M. Hajjar, respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. COUNT IV Timothy Spencer v. Defendant 33. Mrs. Hajjar incorporates herein by reference her answers to Paragraphs 1 through 32 above as though fully set forth herein at length. 34. Denied. After reasonable investigation, Mrs. Hajjar is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 34 and the same are therefore denied and strict proof demanded at the time of trial. 35. Denied. The averments contained in Paragraph 35 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Hajjar is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 35 and the same are therefore denied and strict proof demanded at the time of trial. 36. Denied. The averments contained in Paragraph 36 are, in part, conclusions of law and fact to which no response is required. !f a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Hajjar is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 36 and the same are therefore denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, Linda M. Hajjar, respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. COUNT V Beverly Gross-Spencer v. Defendant 37. Mrs. Hajjar incorporates herein by reference her answers to Paragraphs 1 through 36 above as though fully set forth herein at length. 38. Denied. After reasonable investigation, Mrs. Hajjar is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 38 and the same are therefore denied and strict proof demanded at the time of trial. 39. Denied. The averments contained in Paragraph 39 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Hajjar is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 39 and the same are therefore denied and strict proof demanded at the time of trial. 40. Denied. The averments contained in Paragraph 40 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Hajjar is without sufficient knowledge or information to farm a belief as to the truth of the remaining averments of Paragraph 40 and the same are therefore denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, Linda M. Hajjar, respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER 41. That if it should be found that there was any negligence on the part of Mrs. Hajjar, which negligence is specifically denied, then in that event, any such negligence was not a substantial factual, nor a factual cause, of any harm to the Plaintiffs. 42. That the Plaintiffs' injuries, as alleged, may have been pre-existing. 43. That the Plaintiffs may have failed to mitigate their injuries and damages, as alleged. 44. That the accident may have been\caused by third parties or entities not presently involved in this action. 45. That the accident may have been caused by an intervening superceding cause. 46. That the Plaintiffs alleged cause of action may be barred in whole or in part by the Pennsylvania Motor Vehicle Financial Responsibility Law and by the Limited Tort Option. 47. That the Plaintiffs alleged cause of action may have been caused in whole or in part by the Plaintiff s Comparative Negligence. WHEREFORE, the Defendant, Linda M. Hajjar, respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. Respectfully submitted, JO S N, DUFFIE, STE ART & WEIDNER eff rson J. Shipman, squire I.D. #: 51785 Attorneys for Defendant VERIFICATION I, Linda M. Hajjar, have read the foregoing Answer and New Matter and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. i da M. Haj~ar DATE: ~'- /`~ o~ 307042 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing th a in thepU-nited States Mail, postage prepaid, in Lemoyne, Pennsylvania, c~ (J7 Marc Vogin, Esquire Klein, Vogin & Gold 1700 Samson Street, 3rd Floor Philadelphia, PA 19103 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER Jeff rso J hipman, Esquir I.D. #: 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendant 306952 ~, ,} --_r `3l _ -~ _ ~~ ~7 -;~ !i > ?., _.. t1.~ ~ ~ ~ Z .. -j ~ (~ ,'7 ...-. "~` ~ ,. KLEIN, VOGIN & GOLD By: Marc Vogin, Esquire Identification No. 46739 1700 Sansom Street 3`~ Floor Philadelphia, Pennsylvania 19103 (215) 557-9119 Attorney for Plaintiff Lois Gross, et al :COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. :Civil Action Linda M. Najjar : No.07-4043 PLAINTIFFS' REPLY TO NEW MATTER 41. Denied. This allegation is a conclusion of law, which plaintiffs are not required to admit or deny. 42. Denied. This allegation is a conclusion of law, which plaintiffs are not required to admit or deny. Regardless, under the law of the Commonwealth of Pennsylvania, plaintiffs are entitled to compensation for defendant's negligence, which aggravates apre-existing condition. 43. Denied. This allegation is a conclusion of law, which plaintiffs is not required to admit or deny. 44. Denied. After reasonable investigation, plaintiffs are without sufficient information and/or knowledge to form a belief as to the truth or falsity of this allegation and, therefore, demand strict proof of the time of trial. 45. Denied. After reasonable investigation, plaintiffs are without sufficient information and/or knowledge to form a belief as to the truth or falsity of this allegation anxi, therefore, demand strict proof of the time of trial. 46. Denied. This allegation is a conclusion of law, which plaintiffs are not required to admit or deny. 47. Denied. This allegation is a conclusion of law, which plaintiffs are not required to admit or deny. Furthermore, as plaintiffs were in a line of traffic when stivck from behind, it is inconceivable how they were negligent. WHEREFORE, plaintiffs demand judgement in their favor and against the defendant. KLE V IN 8c GOLD By: MARC IN, ESQUIRE Attorney For Plaintiffs' VERIFICATION I verify that the statements made in the attached pleading 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. Section 4904, relating to unsworn falsification to authorities. DATED: ~ Z`1 ~ ~l~ +~-' C~ -y _a "C'~ d';. ---a .--~ k..-~ ,.~'"~ ~'~~ ~"' _, , > L.J/ ~,,,. ~~ ..~ , t. ,,.. -~ ...~,. ^ ~. i ` ~i ; ~ w+ a`: , A ~~ Johnson, Duffie, Stewart 8 Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761 X540 jjs(,a~Jdsw.com Attorneys for Defendant LOIS GROSS and BEVERLY GROSS-SPENCER and TIMOTHY SPENCER (h/w), Plaintiffs v. LINDA M. HAJJAR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-4043 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: Marc Vogin, Esquire Klein, Vogin & Gold 1700 Samson Street, 3rd Floor Philadelphia, PA 19103 Attorneys for Plaintiffs As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoenas has been received; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. JOHNS By: DATE: ~~/3~~ p1 DUFFIE, STEWART & WEIDNER .. 0 Je rson J. Shipman, Esquire A rney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, first class mail, postage prepaid, in Lemoyne, Pennsylvania, on ~ d I' ~d I b7 Marc Vogin, Esquire Klein, Vogin & Gold 1700 Samson Street, 3~d Floor Philadelphia, PA 19103 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER By Jeffe on J. Shipman, Esquire. I.D. #: 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendant Johnson, Duffie, Stewart 8 Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw.com LOTS GROSS and BEVERLY GROSS-SPENCER and TIMOTHY SPENCER (h/w), Plaintiffs v. LINDA M. HAJJAR, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-4043 CIVIL TERM JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009 TO: Marc Vogin, Esquire Klein, Vogin & Gold 1700 Samson Street, 3`~ Floor Philadelphia, PA 19103 Attorneys for Plaintiffs PLEASE TAKE NOTICE that Defendants intend to serve twelve (12) 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 records and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas may be served. JOHNSf3{V, DUFFIE, STEWART & WEIDNER DATE: / ~ / ~ j ~--~ By: J~Fferson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, certified mail, postage prepaid, in Lemoyne, Pennsylvania, on ~ Marc Vogin, Esquire Klein, Vogin & Gold 1700 Samson Street, 3~d Floor Philadelphia, PA 19103 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER By Jeffers J. Shipman, Esquire I.D. #: 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Lois Gross, Beverly Gross-Spencer and : Timothy Spencer, Plaintiffs File No. 07-4043 vs. Linda M. Hajjar, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Chestnut Hill 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: any and all medical records reports correspondence diagnostic test results pertaining to Lois Gross: DOB: 12/31/27 at Johnson. Duffle, Stewart ~ Weidner. 301 Market Street P.O Box 109 Lemoyne PA 17043. 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: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: Jefferson J. Shipman. Esauire 301 Market Street Lemoyne. PA 17043 717-761-4540 51785 Defendant BY THE COURT: DATE: /D D D Seal of th Court P othonotary/Clerk, Civil D' ision e ty (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Lois Gross, Beverly Gross-Spencer and Timothy Spencer, : Plaintiffs File No. 07-4043 vs. Linda M. Hajjar, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Orthopedic. Hand Suraerv and Rehabilitation (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: any and all medical records, reports, correspondence. diagnostic test results pertaining to Lois Gross: DOB: 12/31/27 at Johnson, Duffie. Stewart 8~ Weidner. 301 Market Street. P.O. Box 109. Lemovne. PA 17043. 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: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: Jefferson J. Shipman. Esauire 301 Market Street Lemovne. PA 17043 717-761-4540 51785 Defendant BY THE COURT: . ~W7 r thonotary/Clerk, Civ' ivision D p DATE: O d Seal of th Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Lois Gross, Beverly Gross-Spencer and Timothy Spencer, Plaintiffs File No. 07-4043 vs. Linda M. Hajjar, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Cordelia Uddoh (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: any and all medical records, reports, correspondence, diagnostic test results pertaining to Lois Gross; DOB: 12/31/27 at Johnson, Duffie, Stewart 8~ Weidner, 301 Market Street, P.O. Box 109, Lemovne, PA 17043. 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: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: Jefferson J. Shioman. Esquire 301 Market Street Lemovne. PA 17043 717-761-4540 51785 Defendant BY THE COURT: ~ ~- ,~ r thonotary/Clerk, Civil vision e ty DATE: O Seai of ti a Court (Eff. 7197) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Lois Gross, Beverly Gross-Spencer and Timothy Spencer, Plaintiffs File No. 07-4043 vs. Linda M. Hajjar, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Premiervision Laser 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: any and all medical records, reports, correspondence, diagnostic test results pertaining to Lois Gross: DOB: 12/31/27 at Johnson, Duffle, Stewart & Weidner. 301 Market Street, P.O. Box 109 Lemovne PA 17043. 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: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: Jefferson J. Shipman. Esquire 301 Market Street Lemovne, PA 17043 717-761-4540 51785 Defendant BY THE COURT: + ~. othonotary/Clerk, Civil D ision ~• ~ D p DATE: Searof t e Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Lois Gross, Beverly Gross-Spencer and Timothy Spencer, : Plaintiffs File No. 07-4043 vs. Linda M. Hajjar, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holy. Spirit Hospital (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: any and all medical records, reports, correspondence. diagnostic test results pertaining to Lois Gross; DOB: 12/31/27 at Johnson, Duffle, Stewart & Weidner. 301 Market Street, P.O. Box 109, Lemovne, PA 17043. 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: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemovne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: s thonotary/Clerk, Civil ' 'sion ~. De ut DATE: D 0 Seal of the Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Lois Gross, Beverly Gross-Spencer and Timothy Spencer, Plaintiffs File No. 07-4043 vs. : Linda M. Hajjar, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: West Shore EMS (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: any and all medical records. reports, correspondence. diagnostic test results pertaining to Lois Gross: DOB: 12/31/27 at Johnson. Duffle. Stewart & Weidner. 301 Market Street. P.O. Box 109. Lemoyne PA 17043. 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: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: Jefferson J. Shipman. Esquire 301 Market Street Lemovne. PA 17043 717-761-4540 51785 Defendant BY THE COURT: r thonotary/Clerk, Civil ision DATE: 0 0 Seal oft a Court e ty (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Lois Gross, Beverly Gross-Spencer and Timothy Spencer, Plaintiffs File No. 07-4043 vs. : Linda M. Hajjar, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Chestnut Hill 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: any and all medical records, reports, correspondence, diagnostic test results pertaining to Beverly Gross-Spencer DOB: 10/29/54 at Johnson. Duffle. Stewart & Weidner. 301 Market Street. P.O. Box 109. Lemovne. PA 17043. 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: ADDRESS: TELEPHONE: SUPREME COURT ID #~ ATTORNEY FOR: Jefferson J. Shipman. Esquire 301 Market Street Lemovne. PA 17043 717-761-4540 51785 Defendant BY THE COURT: S thonotary/Clerk, Civil D' 'sion ~. Dep DATE: ~D Seal f th Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Lois Gross, Beverly Gross-Spencer and Timothy Spencer, Plaintiffs File No. 07-4043 vs. Linda M. Hajjar, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Orthopedic. Hand Surgery and Rehabilitation (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: any and all medical records, reports, correspondence, diagnostic test results pertaining to Beverly Gross-Spencer DOB: 10/29/54 at Johnson, Duffle, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. 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: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: Jefferson J. Shioman. Esquire 301 Market Street Lemovne. PA 17043 717-761-4540 51785 Defendant BY THE COURT: ~.~..~ Q. r thonotary/Clerk, Civil Divi n ep y DATE: D o Seal of the Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Lois Gross, Beverly Gross-Spencer and Timothy Spencer, : Plaintiffs File No. 07-4043 vs. Linda M. Hajjar, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Flourtown Pain Evaluation & Treatment 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: any and all medical records. reports, correspondence, diagnostic test results pertaining to Beverly Gross-Spencer DOB: 10/29/54 at Johnson, Duffie, Stewart & Weidner. 301 Market Street. P.O. Box 109. Lemoyne. PA 17043. 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: Jefferson J. Shipman. Esquire ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: L I`. othonotary/Clerk, Civil ision D pu DATE: D Seal f th Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Lois Gross, Beverly Gross-Spencer and Timothy Spencer, Plaintiffs File No. 07-4043 vs. Linda M. Hajjar, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Chestnut Hill 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: any and all medical records, reports, correspondence, diagnostic test results pertaining to Timothy Spencer DOB: 6/17/47 at Johnson, Duffle, Stewart & Weidner. 301 Market Street, P.O. Box 109. Lemoyne. PA 17043. 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: Jefferson J. Shipman. Esquire ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: l ~- r thonotary/Clerk, Civil Divi ion /Deut DATE: /0 O Seal f t Court (Eff. 7/97) t COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Lois Gross, Beverly Gross-Spencer and Timothy Spencer, Plaintiffs File No. 07-4043 vs. Linda M. Hajjar, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Orthopedic, Hand Surgery and Rehabilitation (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: any and all medical records, reports, correspondence, diagnostic test results pertaining to Timothy Spencer DOB: 6/17/47 at Johnson. Duffie. Stewart ~ Weidner, 301 Market Street, P.O. Box 109, Lemovne. PA 17043. 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: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: Jefferson J. Shipman. Esquire 301 Market Street Lemovne. PA 17043 717-761-4540 51785 Defendant BY THE COURT: K. , r thonotary/Clerk, Civil sion ep y DATE: o Seal f t Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Lois Gross, Beverly Gross-Spencer and Timothy Spencer, Plaintiffs File No. 07-4043 vs. Linda M. Hajjar, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Willliam Chollack (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: any and all medical records, reports, correspondence, diagnostic test results pertaining to Timothy Spencer DOB: 6/17/47 at Johnson, Duffle, Stewart & Weidner, 301 Market Street. P.O. Box 109. Lemoyne, PA 17043. 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: Jefferson J. Shipman. Esquire ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: s a r thonotary/Clerk, Civil Div' ' n ep ty~ DATE: Seal f t Court (Eff. 7/97) ti t~ -.., -,-~ ~ ~ ,~ ~ ~~ ~_~ ..~ ~ J\ t ~ -~ =-c CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS LOIS GROSS, ET AL TERM, CUMBERLAND -VS- CASE NO: 07-4043 LINDA HAJJAR As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MARK VOGIN, ES 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. DATE: 11/23/2009 MCS on behalf of /S/ ~arh Vo in, ~~c~. MARK VOGIN, ESQ. Attorney for DEFENDANT R1.86S 144-H DE11-1000821 05384-LOl `~:)MMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND _ ~ E<' ; ET AL -VS- r1 .. )11x7 COURT OF COMMON PLEAS TERM, CASE NO: 07-4043 ~i~~~' ~F_TNTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 :iB' PHILADELPHIA EMPLOYMENT ~N ~7. SHIPMAN, ESQ., PLAINTIFF COUNSEL _i of MARK VOGIN, ESQ. intends to serve a subpoena °~he one that is attached to this notice. You have twenty (20) date listed below in which to file of record and serve upon the _ ~~bjection to the subpoena. If the twenty day notice period is no objection is made, then the subpoena may be served. Complete ~ritr reproduced records may be ordered at your expense by completing c'1 counsel card and returning same to MCS or by contacting our local ~~ ,'2.009 MCS on behalf of MARK VOGIN, ESQ. Attorney for DEFENDANT MARK VOGIN, ESQ. - .nj .7o SHIPMAN, ESQ. ~iFFIE, ET AL STREET ~: PA 17043 THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.86S 144-H DE02-0580315 05384-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LOIS GROSS, ET AL vs. LINDA HAJJAR File No. 07-4043 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO Custodian of Records for HOO DIST OF PH i, D PH A (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: * * * * SEF. ATTACHED RIDER * * * * at The MCS (iroiy2, Inc„ 1601 Market Street, Saite 800, P it d hia, PA 19103 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: MARK VOGIN. ES ADDRESS: 1700 SANSOM STI TELEPHONE: ~L)_246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: 5 Prothonotary/Clerk, Civil D' 'sion NOV 2 31009 ~ ~~ De uty Date: ~~_ ~ g .~ 00 Q Seal of the Court 05384-01 EXPLANATION OF REQUIRED RECORDS E;= '~,~_'~ ~!~~i AN OF RECORDS FOR: ~~-, ' ~:~_ C?± ~T. OF PHILADELPHIA =;v ~`'~`~, ,,J ~ RECORDS ~r~u=iD STREET `~~A. PA 19130 ~~~ : =~ S8 "' ~~ FNCER ~'='-'>~ ~X''pra:~al is required for fees in excess of $150.00 for _-=°=~~=-'=~s, $100.00 for all other providers. _ 1 employment records, applications, files, memoranda, compensation, ;- ..-_endance records, personnel records, payroll and salary reports and _?_~_ _d:.c.~~1 records as an employee, including any and all such items as may be '~~-_ '~ iri a computer database or otherwise in electronic form, pertaining to: Dates Requested: from: 06-01-2005 to 12-31-2005. Subject TIMOTHY SPENCER 7280 ALLENS PLACE, PHILADELPHIA, PA 19119 Social Security #: 175-38-1404 Date of Birth: 06-17-1947 SU10-0811322 05384-LOl 4 L.''v _ - _. , ~' i Y ._`„ ~ !~a f 't KLEIN, VOGIN & GOLD BY: MARC VOGIN, ESQUIRE IDENTIFICATION NO. 46739 1700 SANSOM STREET 3'D FLOOR PHILADELPHIA, PENNSYLVANIA 19103 (215) 557-9119 ATTORNEY FOR PLAINTIFFS Lois Gross, et al : COURT OF COMMON PLEAS `= cz-' -`' CUMBERLAND COUNTY vs. : Civil Action -t> c? = c: Linda M. Haj jar : No.07-4043 - cz' • .. ?a r7 SUGGESTION OF DEATH AND NOW, this 12' day of May, 2011, it is hereby suggested that plaintiff, Lois Gross, has departed this life on April 16, 2011. KLEIN, VOGIN & GOLD BY: I 1 MARC N?QGIN' Attorney for ,rs i i'F i_u R RC Y I-10NOTAk''E• Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 11s a@jdsw.com 2311 AUG -2 A 10: 2? 'CUMBERLAND COUNT`' PENNSYLVANIA Attorneys for Defendant LOIS GROSS and BEVERLY GROSS-SPENCER and TIMOTHY SPENCER (h/w), Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 07-4043 CIVIL TERM LINDA M. HAJJAR, Defendant JURY TRIAL DEMANDED PRAECIPE TO MARK THE DOCKET SETTLED SATISFIED AND DISCONTINUED TO THE PROTHONOTARY: Kindly mark the above docket settled, satisfied and discontinued. KLEIN, OGI GOLD ? ) ? , - By Marc gin, squire Attorneys laintiffs Date: -A_Ij1 i 1 450980 JO N, DUFFLE, STEWART & WEIDNER By Je erson J. Shi an, Esquire Attorneys for Defendant Date: 7-)-t `(