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Home My WebLink About07-5415TIFFANY O'HARA, : IN THE COURT OF COMMON PLEA5 OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW THE ESTATE OF TIMOTHY KALAR, KIMBERLY GETTY AND . STEPHEN KALAR AS EXECUTORS OF THE ESTATE OF TIMOTHY KALAR, Defendants :JURY TRIAL DEMANDED PRAECIPE FOR WRIT QF SUMMONS To the Prothonotary: Please issue a writ of summons in the above captioned action. Writ of Summons shall be issued and forwarded to the Sheriff of Cumberland County. Date: September 12, 2007 Respectfully submitted, RUA~NGER ~ ASSf)CCIATES Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 To The Above Named Defendants: WRIT OF SUMMONS Estate of Timothy Kalar & Kimberly Getty and Stephen Kalar as Executors c/o Stephen Kalar 2167 Merri Mac Avenue Mechanicsburg, PA 17055 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. ~ ~p oC Prothonotary nn Date: ~rLl_ l~ ~.b0~ BY:~a~° C ~J r .,.. ~~~'~~. ~, °~~~ ~ ° ~ ~- ~ ~ ~~ l~J SHERIFF'S RETURN - REGULAR CASE NO: 2007-05415 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND O'HARA TIFFANY VS KALAR TIMOTHY ESTATE OF ET AL SHARON LANTZ Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS _ was served upon KALAR TIMOTHY ESTATE 0~' DEFENDANT at C/0 STEPHEN KALAR the at 1357:00 HOURS, on the 14th day of September, 2007 MECHANICSURG, PA 17055 STEPHEN KELAR, EXECUTOR 167 MERRI MAC AVENUE 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 11.52 Postage .58 Surcharge 10.00 n .00 Q1x~f o ~ `~'' 40.10 Sworn and Subscibed to before me this ~ day of , So Answers: R. Thomas Kline 09/17/2007 ROMINGER LAW O/~FFICES ~`-' 'beputy Sheri A.D. ~ MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Stephen J. Barcavage, Esquire ID# 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Our File No. 06091-tba SJB Attorney for Defendants TIFFANY O'HARA Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5415 vs. ESTATE OF TIMOTHY KALAR. KIMBERLY GETTY, and STEPHEN KALAR as Executors of the Estate of Timothy Kalar TO THE PROTHONOTARY: CIVIL ACTION -LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE Kindly enter the appearance of the undersigned on behalf of Defendants, Estate of Timothy Kalar, Stephen Kalar and Kimberly Getty, in the above captioned case. MARSHALL DENNEHEY WARNER COLE & GOGGIN By: S J. Barcavage, Esquire ttorney for Defendants ID# 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Dated: September 25, 2007 c; ~ ~ ~ - -~, _ ~;,= -, ~~ - -. , , J: r~`~ J`. .. ~~ ....3 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Stephen J. Barcavage, Esquire ID# 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Our File No. 06091-tba SJB Attorney for Defendants TIFFANY O'HARA Plaintiff vs. ESTATE OF TIMOTHY KALAR. KIMBERLY GETTY, and STEPHEN KALAR as Executors of the Estate of Timothy Kalar IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5415 CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE FOR A RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule directing Plaintiff Tiffany O'Hara to file a Complaint in the above-referenced matter within twenty (20) days of service thereof or risk a judgment of non ros. MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: St en J. Barcavage, Esquire ttorney for Defendants ID# 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Dated: September 25, 2007 y ~- MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Stephen J. Barcavage, Esquire ID# 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Our File No. 06091-tba SJB Attorney for Defendants TIFFANY O'HARA Plaintiff vs. ESTATE OF TIMOTHY KALAR. KIMBERLY GETTY, and STEPHEN KALAR as Executors of the Estate of Timothy Kalar IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5415 CNIL ACTION -LAW . JURY TRIAL DEMANDED RULE AND NOW, this a~~' day of ~ ,~~mk~aa. , 2007, upon consideration of the foregoing Praecipe, Plaintiff Tiffany O'Hara is hereby ordered to file a Complaint within twenty (20) days hereof or suffer judgment of non ros. BY THE PROTHONOTARY: By: ~. r..~ ~ ~; ~.~ '"i"1 f=1 '~~ --~ j -r* .~._ ; ~. ~ ~ f~,.7 c . .~ , _ ~ R MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Stephen J. Barcavage, Esquire ID# 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Our File No. 06091-tba SJB Attorney for Defendants TIFFANY O'HARA Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5415 vs. ESTATE OF TIMOTHY KALAR. KIMBERLY GETTY, and STEPHEN KALAR as Executors of the Estate of Timothy Kalar CNIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Stephen J. Barcavage, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on September 25, 2007, I served a copy of Defendants' Entry of Appearance and Rule to File Complaint via First Class United States mail, postage prepaid as follows: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff --.~-_ Ste J. Barcavage c ? ''v - ---J €~.a -a; ~;+~_, _ '-~ _ _. '. . .. -r _: ~ MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Stephen J. Barcavage, Esquire ID# 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Our File No. 06091-tba SJB Attorney for Defendants TIFFANY O'HARA Plaintiff vs. ESTATE OF TIMOTHY KALAR. KIMBERLY GETTY, and STEPHEN KALAR as Executors of the Estate of Timothy Kalar IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5415 CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Stephen J. Barcavage, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on November 19, 2007, I served a copy of Defendants' 10-Day Notice to Take Default via Certified Mail, return receipt requested, postage prepaid as follows: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 . Attorney for Plaintiff Ste a .Barcavage ~r ~ e^^"' mow;. .w„1 .aw--~ t°7 1 ~ . f s s j" s'1 ~.-~ 3- ...r. .. ~~~ t ~ ~ ~4 . y- _ ~"#"1 Fri- li P.. ~_,iv~ '~ ., . Respectfully submitted, MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Stephen B avage, Esquire Atto ey Defendants ID 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3 S 06 Dated: November 19, 2007 ~'":, ~ ` r . ., = " {~ ~ ~ k ~ k~ ~ i ~', -:~. d_~'. ~.~ ~ ., , , -. MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Stephen J. Barcavage, Esquire ID# 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Our File No. 06091-00852 Attorney for Defendants TIFFANY O'HARA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 07-5415 vs. ESTATE OF TIMOTHY KALAR. CIVIL ACTION -LAW KIMBERLY GETTY, and STEPHEN KALAR as Executors of the Estate of Timothy Kalar JURY TRIAL DEMANDED TO: Tiffany O'Harra c/o Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 DATE OF NOTICE: November 19, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE THE RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone # (800) 990-9108 TIFFANY O'HARA, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v : NO: 07-5415 THE ESTATE OF TIMOTHY KALAR, : KIlVIBERLY GETTY AND STEPHEN KALAR AS EXECUTORS OF THE ESTATE OF TIMOTHY KALAR, Defendants :JURY TRIAL DEMANDED N_ YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, 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 enterer 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. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association 100 South Street P.O. Box 186 Harrisburg, PA 17108 1-800-692-7375 (PA Only) or (717) 238-6715 l TIFFANY O'HARA, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v : NO: 07-5415 THE ESTATE OF TIMOTHY KALAR, KIlVIBERLY GETTY AND STEPHEN KALAR AS EXECUTORS OF THE ESTATE OF TIMOTHY KALAR, Defendants :JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Tiffany O'Hara, by her attorney, Karl E. Rominger, Esquire, and in support of this Complaint aver as follows: 1. Plaintiff Tiffany O'Hara is an adult sui juris residing at 131 South Pitt Street, Carlisle, Pennsylvania 17013. 2. Defendant is The Estate of Timothy Kalar, by the Co-Executors, Kimberly Getty, residing at 161 Locust Grove Road, Dillsburg, Pennsylvania 17019 and Stephen Kalar residing at 2167 Merri Mac Avenue, Mechanicsburg, Pennsylvania 17055. 3. Defendant Kimberly Getty is an adult sui juris residing at 161 Locust Grove Road, Dillsburg, Pennsylvania 17019 is Co-Executor of the Estate of Timothy Kalar. 4. Defendant Stephen Kalar is an adult sui juris residing at 2167 Merri Mac Avenue, Mechanicsburg, Pennsylvania 17055 and is Co-Executor of the Estate of Timothy Kalar. 5. On or about September 1 S, 2005, Plaintiff was operating her vehicle East on West Main Street. 6. On or about the same time Defendant Timothy Kalar was driving West on West Main Street, Mechanicsburg, Pennsylvania. 7. Plaintiff was approaching a stop in a line of traffic heading toward N/S York Street, Mechanicsburg, Pennsylvania. 8. Defendant Timothy Kalar and passenger, Joellen Bazdar accelerated at a high rate of speed when the traffic signal turned green at the intersection of West Main Street and N/S York Street, Mechanicsburg, Pennsylvania. 9. Defendant Timothy Kalar lost con~ol of the motorcycle. 10. Defendant Timothy Kalar and Joellen Bazdar were thrown from the motorcycle. 1 1. Defendant Timothy Kalar struck the windshield/roof of Ms. Doebler and Ms. Bazdar was thrown over Ms. Doebler's vehicle and onto the hood of Plaintiff, whose vehicle was several feet behind Ms. Doebler, placing Plaintiff in the zone of danger. 12. Defendant Timothy Kalar had a duty to drive in a reasonable prudent manner while operating his motorcycle and breached that duty by driving under the influence of alcohol, which impaired his judgment. 13. Plaintiff suffers from chronic loss of sleep, anxiety, and psychiatric issues, as well as lack of socialization due to the anxiety and panic attacks, Plaintiff avoids driving when unnecessary and has become dependant on anxiety/panic medication because of the unwanted images of the accident, and has suffered severe emotional distress, as well as pain and suffering. Count I Negligence Tif~iny O'Hara v. The Estate of Timothv Kalar 14. Paragraphs 1 through 13, above, are incorporated herein by reference as if fully set forth at length. 15. Defendant Timothy Kalar was negligent in that: a. He failed to drive in a prudent manner; b. He failed to keep alert and maintain a proper and adequate watch for the presence of other vehicles on the roadway by operating a motorcycle while under the influence of alcohol; c. He drove a vehicle in a manner endangering persons and property and in a reckless manner with careless disregard for the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania; d. He failed to keep control; e. He failed to drive with the proper training, license, and inspection; f. He failed to drive a motorcycle configured for passengers; 16. As a result of this negligent entrustment, Plaintiff was damaged as is more fully laid out in paragraph 13 and the same are hereby incorporated by reference. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an award in her favor in an amount. in excess of the statutory limits for compulsory arbitration, including costs of this suit and attorney's fees.. Respectfully Submitted, Rominger & Associates 4 Date: November 28, 2007 1 E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff TIFFANY O'HARA, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v : NO: 07-5415 THE ESTATE OF TIMOTHY KALAR, : KIlbiBERLY GETTY AND STEPHEN KALAR AS E~CUTORS OF THE ESTATE OF TIMOTHY KALAR, Defendants : JURY TRIAL DEMANDED VERIFICATION Karl E. Rominger, Esquire, states that he is the attorney for, Plaintiff in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C. S. §4904, relating to unsworn falsification to authorities. Date: November 28, 2007 arl E. Rominger, Esquire TIFFANY O'HARA, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVII, ACTION -LAW v. : NO: 07-5415 THE ESTATE OF TIMOTHY KALAR, KIlVIBERLY GETTY AND STEPHEN KALAR AS EXECUTORS OF THE ESTATE OF TIMOTHY KALAR, Defendants :JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Karl E. Rominger., Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of this Co»~plaint upon the following by depositing same in the United States Mail, first class postage prepaid, ax Carlisle, Pennsylvania, addressed as follows: Stephen J. Barcavage, Esquire MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN 4200 Crume Mill Road, Suite B Harrisburg, Pennsylvania 17112 Date: November 28, 2007 Respectfully Submitted, Rominger & Associates Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff f`' C'., r~,~x ~"~ _._, ~ ---; . .:. .~~, r--- _t r-r~~ r.,} , -, ,~ _ . - . .,.. ~ , 1~ j; n N _.t ~ ~ # --- ., .. C~'? ~RIGI~AL COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 02048078 TIFFANY O'HARA PLAINTIFF/S VS. ESTATE OF TIMOTHY KALAR, KIMBERLY GETTY AND STEPHEN KALAR, ET AL DEFENDANT/S COURT OF COMMON PLEAS N0. 07-5415 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 AS A PREREQUISITE TO SERVICE OF A SUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDANT CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE THE SUBPOENA WITH A COPY OF THE SUBPOENA ATTACHED THERETO WAS MAILED OR DELIVERED TO EACH PARTY AT LEAST TWENTY DAYS PRIOR TO THE DATE ON WHICH THE SUBPOENA IS SOUGHT TO BE SERVED, (2) A COPY OF THE NOTICE OF INTENT, INCLUDING THE PROPOSED SUBPOENA, IS ATTACHED TO THIS CERTIFICATE (3) NO OBJECTION TO THE SUBPOENA HAS BEEN RECEIVED, AND (4) THE SUBPOENA THAT WILL BE SERVED IS IDENTICAL TO THE SUBPOENA WHICH IS ATTACHED TO THE NOTICE OF INTENT TO SERVE THE SUBPOENA. DATE: 3/05/08 ST PH J. BARCAVAGE, ESQ. AT FOR DEFENDANT 06091-0085,2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TIFFANY O'HARA PLAINTIFF/S COURT OF COMMON PLEAS VS. ESTATE OF TIMOTHY KALAR, KIMBERLY GETTY AND STEPHEN KALAR, ET AL N0. 07-5415 DEFENDANT/S NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 T0: KARL E. ROMINGER, ESQ. ROMINGER LAW OFFICES 155 S. HANOVER ST. CARLISLE PA 17013 ATTORNEY(S) FOR PLAINTIFF 02048078 12/25/08 DEFENDANT INTENDS TO SERVE A SUBPOENA IDENTICAL TO THE ONE THAT IS ATTACHED TO THIS NOTICE TO THE DEPONENT/S LISTED BELOW, REQUESTING RECORDS BE PRODUCED AT RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., PHILADELPHIA, PA 19103. YOU HAVE TWENTY (20) DAYS FROM THE DATE LISTED BELOW IN WHICH TO FILE OF RECORD AND SERVE UPON THE UNDERSIGNED AND RECORD COPY SERVICES (215-241-5858), AN OBJECTION TO THE SUBPOENA. IF NO OBJECTION IS MADE THE SUBPOENA/S MAY BE SERVED. SADLER HEALTH CENTER CORP. CARLISLE REGIONAL MEDICAL CENTER SHIPPENSBURG HEALTH CARE CENTER DR. BAXTOR DREW WELLMON, III, D.O. & SHIPPENSBURG FAMILY PRACTICE FRANCO PSYCHOLOGICAL ASSOCIATES, P.C. WAL-MART SUPERCENTER STORE# 2574 DATE: 2/07/08 STEPHEN J. BARCAVAGE, ESQ. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 CRUMS MILL RD. HARRISBURG PA 17112 ATTORNEY(S) FOR DEFENDANT N 2/25/08 CO~I.TH OF PEL~IlVSYLVANTA COUNi'Y OF QF~I~,I~ID TIFFANY O'HARA vs. ESTATE OF TIMOTHY KALAR, KIMBERLY GETTY AND STEPHEN KALAR, ET AL . Court of Common Pleas 07-5415 File No. susPOENA To PRODUCE Doa~rlENTS oR THINOs FOR DISOONERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF SADLER HEALTH CENTER CORP. 100 N. HANOVER ST. TO: CARLISLE PA 17013 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of carpliance, 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 doa.ments or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order carpell irg you to ~P1y with it. THIS SUBPOENA WAS ISSUED AT THE REQI~ST OF THE FOLLOWING PERSON: Nom, STEPHEN J. BARCAVAGE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SUPREhE OOURT ID # ATTORNEY FOR: DEFENDANT ISSUED ON: 0 5 1008 DATE : .~..~.~. ~,... _ / / ~ (1v P Seal o the Court BY TI$ COURT: s Prothonota1ry/Cl k , Ci v i l Division ~,,, ,ter t l~'--c-e.~~ _ ~tY (Eff. 7/97) N0. 07-5415 ADDENDUM TO $U~POENA 02048078 12/25/08 TIFFANY O'HARA VS. ESTATE OF TIMOTHY KALAR, KIMBERLY GETTY AND STEPHEN KALAR, ET AL SEE ATTACHED ADDENDUM PERTAINING TO TIFFANY M. O'HARA (131 SOUTH PITT STREET, CARLISLE, PA, PREVIOUS ADDRESS: 338 A EAST NORTH STREET, CARLISLE, PA, DOB 05/15/81, SSN 168-62-8237). Feb-04-08 14:OT From-I~DWC6G T17-651-9630 T-597 P.003/003 F-112 pACrE 2 OF 2 Instructions for MEDICAL records: Any and alI medical records, )ncluding, but not 1lmited to, inpatient records, outpatient records, psychological and/or psychiatric records, physical therapy r®cords, rehab records, lab reports, x-ray films, MRIs, CT scans, or other diagnostic testing performed, together with all diagnostic reports, medical reports, notes, memoranda, correspondence and medical bills concerning Tiffany M. O'Hara; Date of Birth: 5/15!81; Social Security No. 168-62-8237. XN 02048078 12/25/08 - QO~WFALT'H OF PIIab'YI+VANTA • OOiJNTY OF TIFFANY O'HARA . vs. File No. ESTATE OF TIMOTHY KALAR, KIMBERLY GETTY AND STEPHEN KALAR, ET AL Court of Common Pleas 07-5415 _susPOENA To PRODUCE Doa~rIENTS oR T11I Nos FOR DISCdVERY PURSUANT TO RULE 4009.22 MEDICAL RECORDS DEPARTMENT CARLISLE REGIONAL MEDICAL CENTER 361 ALEXANDER SPRING RD. TO• CARLISLE PA 17015-9129 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doa,ments or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., 5-300, PHILADELPHIA, PA. {Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the doaments or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order coupe 11 i r:g you to ccxrp 1 y with i t . THIS SUBPOENA WAS ISSUED AT REQUEST OF THE FOl_L04YING PERSON: STEPHEN J. BARCAVAGE, E NAPE ADDRESS: FOR INFO - 8 TELEPHONE: SUPREhE OOURT ID # ATTORNEY FORDEFENDANT ISSUED ON: ~, ~, BY THE COURT: oATE: .~~~r . ,. ~~ a~g Seal of the Court s Prothonotary/C1 k, Ci v i 1 D i v i s i on ~-~. ~tY (Eff. 7J97) N0. 07-5415 ADDENDUM TO SUBPOENA 02048078 12/25/08 TIFFANY O'HARA VS. ESTATE OF TIMOTHY KALAR, KIMBERLY GETTY AND STEPHEN KALAR, ET AL SEE ATTACHED ADDENDUM PERTAINING TO TIFFANY M. O'HARA (131 SOUTH PITT STREET, CARLISLE, PA, PREVIOUS ADDRESS: 338 A EAST NORTH STREET, CARLISLE, PA, DOB 05/15/81, SSN 168-62-8237). Feb-04-08 14:07 From-I~DWC6G Instructions for MEDICAL records: 717-851-9830 T-597 P.003/003 F-112 PACrE 2 OF 2 Any and all medical records, Including, but not limited to, inpatient records, outpatient records, psychological and/or psychiatric records, physical therapy records, rehab records, lab reports, x-ray films, MRIs, CT scans, or other diagnostic testing performed, tog®ther with all diagnostic reports, medical reports, notes, memoranda, correspondence and medical bills concerning Tiffany M. O'Hara; Date of Birth: 5115161; Social Security No. '168-62-8237. N 02048078 12/25/08 QOI~NWFALTH OF PIIa15YL CO>;JNI'Y OF CI)~I~ID TIFFANY O'HARA vs. File No. ESTATE OF TIMOTHY KALAR, KIMBERLY GETTY AND STEPHEN KALAR, ET AL Court of Common Pleas 07-5415 suBPOENA To PRODUCE Doa~rIENTS oR THINOS FOR DIS00'VERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF SHIPPENSBURG HEALTH CARE CENTER 121 WALNUT BOTTOM RD. TO: SHIPPENSBURG PA 17257 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following dOairlents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the docurients or produce things requested by this subpoena, together with the certificate of ccrtpliance, to the party making this request at the address listed above. You have the right to seek in advancs the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the doalnents or things required by this s yin twenty ubpoen3 w i tF~ ' (20) days after its service, the party serving this subpoena may seek a court order arrpe 11 i ~:g you to carp 1 y with i t. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF TFE FOLLOWING PERSON: N~.STEPHEN J. BARCAVAGE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SUPREhE OOURT ID # ATTORNEY FOR:DEFENDANT ISSUED ON : ~ O 5 ~~~ DATE : ~~,, . /,/ .2. Pt7 8' Sea 1 of a ban-t BY THE COURT: Prothonotary/ erk , Ci v i 1 Division ~,~, w ~ ~~~ ~ ~ __ - Deputy (Eff. 7/97) N0. 07-5415 ADDENDUM TO SUBPOENA 02048078 12/25/08 TIFFANY O'HARA VS. ESTATE OF TIMOTHY KALAR, KIMBERLY GETTY AND STEPHEN KALAR, ET AL SEE ATTACHED ADDENDUM PERTAINING TO TIFFANY M. O'HARA (131 SOUTH PITT STREET, CARLISLE, PA, PREVIOUS ADDRESS: 338 A EAST NORTH STREET, CARLISLE, PA, DOB 05/15/81, SSN 168-62-8237). Feb-04-08 14:07 From-f~IDWC6G 717-651-9630 T-597 P.003/003 F-112 PACrB 2 OP 2 Instructions for MEDICAL records: Any and atl medical records, including, but not limited to, inpatient records, outpatient records, psychological ancUor psychiatric records, physical therapy records, rehab records, lab reports, x-ray films, MRIs, CT scans, or other diagnostic t®sting performed, together with all diagnostic reports, medical reports, notes, memoranda, correspondence and medical bills concerning Tiffany M. O'Hara; Date of Birth: 5/15/81; Social Security No. 168-62-8237. N 2/25/08 OONIM7NWEAI~i'fi OF PII~IldSYLVANIA COLT67!'Y OF Cill!~RIAPID TIFFANY O'HARA Court of Common Pleas 07-5415 vs. File No. ESTATE OF TIMOTHY KALAR, KIMBERLY GETTY AND STEPHEN KALAR, ET AL SUBPOENA TO PROOIICE Doa~IEKrS oR TH I NOS FOR DISOOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF DR. BAXTOR DREW WELLMON, III, D.O. 127 WALNUT BOTTOM RD. TO: SHIPPENSBURG PA 17257 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., 5-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of oaTpliance, 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 docxrnents or things required by this subp~i3 within twenty (20) days after its service, the party serving this subpoena may seek a court order oompe 11 i r:g you to corrp 1 y with i t . THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: ;STEPHEN J. BARCAVAGE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SUPREhE OOURT ID # ATTORNEY FOR DEFENDANT ISSUED ON: ~~~ DATE : // acv ~` Seal of e`Court BY THE OOURT: Prothionotsry/C l k, Ci v i 1 D i v i s i one. ' L.. ,-.~ 11,,x, _ ~tY (Eff. 7/97) N0. 07-5415 ADDENDUM TO SUBPOENA 02048078 12/25/08 TIFFANY O'HARA VS. ESTATE OF TIMOTHY KALAR, FCIMBERLY GETTY AND STEPHEN KALAR, ET AL SEE ATTACHED ADDENDUM PERTAINING TO TIFFANY M. O'HARA (131 SOUTH PITT STREET, CARLISLE, PA, PREVIOUS ADDRESS: 338 A EAST NORTH STREET, CARLISLE, PA, DOB 05/15/81, SSN 168-62-8237). Feb-04-Od 14:07 From-MDWC6G 717-651-9630 T-597 P.003/003 F-112 PACrE 2 OF 2 Instructions for MEDICAL records: Any and all medical records, Including, but not limited to, inpatient records, outpatient records, psychological andlor psychiatric records, physical therapy records, rehab records, lab reports, x-ray films, MRIs, CT scans, or other diagnostic testing performed, together with all diagnostic reports, medical reports, notes, memoranda, correspondence and medical bills concerning Tiffany M. O'Hara; Date of Birth: 5115181; Social Security No. 168-62-8237. N 02048078 12/25/08 OOi~T~1.)NWE~iI,TH OF p~sYLVANIA COUN.L'Y OF CiA~tIAAID TIFFANY O'HARA vs. ESTATE OF TIMOTHY KALAR, KIMBERLY GETTY AND STEPHEN KALAR, ET AL File No. Court of Common Pleas 07-5415 susPOENA To PRODUCE Doa~IENTS oR Tli I Nos FOR DISOOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF FRANCO PSYCHOLOGICAL ASSOCIATES, P.C. 26 STATE AVE. S-101 TO: CARLISLE PA 17013 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at RFCnRD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of ccrr~pliance, 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 docur~ents or things required by this subpoena within twenty (20) days .after its service, the party serving this subpoena may seek a court order carpe 11 i r:g you to ~P 1 y with i t . THIS SUBPOENA WAS ISSUED AT THE REQUEST OF TF~ FOLLOWING PERSON: :STEPHEN J. BARCAVAGE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SUPREI"E OOURT ID # ATTORNEY FOR DEFENDANT ISSUED ON : ~AR 0 ~ 2~$ DATE : ~,GPu~.~.~.,4, /l ~ ~ ~ 8 Seal of the Court BY TIC OOl1RT Prothonotary/C erk, Civil Division ~-' _~ ,,...~ (~. ~lil .r 1 J _ ~tY (Eff. 7/9T) N0. 07-5415 ADDENDUM TO SUBPOENA 02048078 12/25/08 TIFFANY O'HARA VS. ESTATE OF TIMOTHY KALAR, KIMBERLY GETTY AND STEPHEN KALAR, ET AL SEE ATTACHED ADDENDUM PERTAINING TO TIFFANY M. O'HARA (131 SOUTH PITT STREET, CARLISLE, PA, PREVIOUS ADDRESS: 338 A EAST NORTH STREET, CARLISLE, PA, DOB 05/15/81, SSN 168-62-8237). Feb-04-OB 14:p7 ,From-~IDWC&G Instructions for MEDICAL records: 717-651-9630 T-597 P.003/003 F-112 PACE20F2 Any and ali medical records, Including, but not Ilmited to, inpatient records, outpatient records, psychological and/or psychiatric records, physical therapy records, rehab records, lab r®ports, x-ray films, MRis, CT scans, or other diagnostic testing performed, together with all diagnostic reports, medical reports, notes, memoranda, correspondence and medical bills concerning Tiffany M. O'Hara; Date of Birth: 5!15181; Social Security No. 168-62-8237. N 02048078 12/25/08 CION1r~lWFALTfi OF pF2a1SYLVANIA QOtJI~Tl'Y OF CLAI~ID TIFFANY O'HARA Court of Common Pleas 07-5415 vs. File No. ESTATE OF TIMOTHY KALAR, KIMBERLY GETTY AND STEPHEN KALAR, ET AL suBPOENA To PRODUCE ooa~rlENTS oR THINOs FOR DIS00'VERY PURSUANT TO RULE 4009.22 PERSONNEL DEPARTMENT WAL-MART SUPERCENTER STORE4~ 2574 TO: 60 NOBLE BLVD. CARLISLE PA 17013 {Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following dOCUnents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of ourpliance, to the party malting this request at the address listed above. You have the right to seek in advancs 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 oourt order onmpellir:g you to ~1y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: ~: STEPHEN J. BARCAVAGE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SUPREhE OOURT ID # ATTORNEY FOR: DEFENDANT ISSUED ON: ,~'~~~` ~ ~ ~~~ DATE • i/ ~ ~ 8 Sea 1 of a 'Court BY THE COURT: s v( Prothonotary/ erk, Civil Division ~~ Deputy (Eff. 7/97) N0. 07-5415 ADDENDUM TO SUBPOENA 02048078 12/25/08 TIFFANY O'HARA VS. ESTATE OF TIMOTHY KALAR, KIMBERLY GETTY AND STEPHEN KALAR, ET AL SEE ATTACHED ADDENDUM PERTAINING TO TIFFANY M. O'HARA (131 SOUTH PITT STREET, CARLISLE, PA, PREVIOUS ADDRESS: 338 A EAST NORTH STREET, CARLISLE, PA, DOB 05/15/81, SSN 168-62-8237). Feb-04-08 14:07 •From-MDWC6G ln~ ons for employment rec____ords: 7i7-65i-9630 T-597 P.003/003 F-113 PAGE20F2 Any and. ail employment information, tnciuding, but not limited to, Workers' Oomp®nsation documents, Application for Employment, W-2 statements, 1099 statements, other payroll records, records of performance evaluations, performance reviews, sicknesses or illn®sses, records regarding any medical leaves of absence, disciplinary actions, disability records, correspondence, memoranda, handwritten notes, medical reports, medical bills and insurance records concerning Tiffany M. O'Hara; Date of Birth: 5/15181; Social Security No.168-62-6237. CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ~ day of March, 2008, I served a true and correct copy of the Certificate-Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22, via U.S. first-class mail, postage pre-paid, as follows: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 SUSAN M. WILLIAMS n N %... -rl ~t- r . -t'i fu r Py - "" _ ~., C~. f; -..! ~ r~ i. - """,,p .a~. ~,__. :: i e ~•~• S `~~ ~ -"4 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Stephen J. Barcavage, Esquire ID# 78867 4200 Crams Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Our File No. 06091-00852 Attorney for Defendants TIFFANY O'HARA Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-541 S vs. ESTATE OF TIMOTHY KALAR. KIMBERLY GETTY, and STEPHEN KALAR as Executors of the Estate of Timothy Kalar CNIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Stephen J. Barcavage, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on March 14, 2008, I served a copy of Defendants' Answer with New Matter via First Class United States mail, postage prepaid as follows: Karl E. Rominger, Esquire 1 SS South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff J. Barcavage C ~ a`v ~~ ~' ~,~~ Vie; .~~ ~~~ -.. -ors; ~ -, ~ , w~ r--; i ~~ ~ ~- ; - ~- c a ` f ~'~ '.,~ ~ -.K MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Stephen J. Barcavage, Esquire ID# 78867 4200 Cruets Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Our File No. 06091-00852 Attorney for Defendants TIFFANY O'HARA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 07-5415 vs. ESTATE OF TIMOTHY KALAR. CIVIL ACTION -LAW KIMBERLY GETTY, and STEPHEN KALAR as Executors of the Estate of Timothy Kalar JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Attorney or Plaintiff You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default judgment maybe filed against you. Respectfully submitted, By: MARSHALL DENNEHEY WARNER COL~~1~N & GOGGIN ,Srfe~e~6"J. Barcavage, Esquire Attorney for Defendants ID# 78867 4200 Cruets Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Dated: March 14, 2008 C'> ra ' ~ - ~; , . ~~' `' ~,,, ~"T2 ~ . ~y r . i ` a C3~ f ~1 -~ y~. ~~ -~ ~ ~~ « . „ ~-~ ; ~ --a Y~ ~~ .x -'G MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Stephen J. Barcavage, Esquire ID# 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 1?112 71 ?-651-3506 Our File No. 06091-00852 Attorney for Defendants TIFFANY O'HARA Plaintiff vs. ESTATE OF TIMOTHY KALAR. KIMBERLY GETTY, and STEPHEN KALAR as Executors of the Estate of Timothy Kalar IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5415 CIVIL ACTION -LAW JURY TRIAL DEMANDED DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT And now comes Defendant, the Estate of Timothy Kalar, Kimberly Getty and Stephen Kalar as Executors of the Estate of Timothy Kalar, by and through its counsel, Marshall Dennehey Warner Coleman & Goggin, and files this Answer to Plaintiffs Complaint and in support thereof states as follows: 1. Admitted in part and denied in part. It is admitted that Plaintiff is who she says she is. All remaining allegations are denied and strict proof thereof is demanded at time of trial. 2. Admitted in part; denied in part. It is admitted that the Estate of Timothy Kalar, Kimberly Getty and Stephen Kalar as Executors of the Estate of Timothy Kalar, is a Defendant to this action. All remaining allegations are denied and strict proof thereof is demanded at the time of trial. 3. Denied. The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. 4. Denied. The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. 5. Denied. After reasonable investigation inquiry, Answering Defendant is without sufficient information to form a belief as to the truth or falsity of the averments set forth in this Paragraph, and as such, the averments are denied in accordance with Pa.R.C.P. 1029(c), and strict proof thereof is demanded at time of trial. 6. Denied. After reasonable investigation inquiry, Answering Defendant is without sufficient information to form a belief as to the truth or falsity of the averments set forth in this Paragraph, and as such, the averments are denied in accordance with Pa.R.C.P. 1029(c), and strict proof thereof is demanded at time of trial. 7. Denied. After reasonable investigation inquiry, Answering Defendant is without sufficient information to form a belief as to the truth or falsity of the averments set forth in this Paragraph, and as such, the averments are denied in accordance with Pa.R.C.P. 1029(c), and strict proof thereof is demanded at time of trial. 8. Denied. After reasonable investigation inquiry, Answering Defendant is without sufficient information to form a belief as to the truth or falsity of the averments set forth in this Paragraph, and as such, the averments are denied in accordance with Pa.R.C.P. 1029(c), and strict proof thereof is demanded at time of trial. By way of further response, the averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. 9. Denied. After reasonable investigation inquiry, Answering Defendant is without sufficient information to form a belief as to the truth or falsity of the averments set forth in this Paragraph, and as such, the averments are denied in accordance with Pa.R.C.P. 1029(c), and strict proof thereof is demanded at time of trial. By way of further response, the averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. 10. Denied. After reasonable investigation inquiry, Answering Defendant is without sufficient information to form a belief as to the truth or falsity of the averments set forth in this Paragraph, and as such, the averments are denied in accordance with Pa.R.C.P. 1029(c), and strict proof thereof is demanded at time of trial. 11. Denied. After reasonable investigation inquiry, Answering Defendant is without sufficient information to form a belief as to the truth or falsity of the averments set forth in this Paragraph, and as such, the averments are denied in accordance with Pa.R.C.P. 1029(c), and strict proof thereof is demanded at time of trial. By way of further response, the averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. 12. Denied. After reasonable investigation inquiry, Answering Defendant is without sufficient information to form a belief as to the truth or falsity of the averments set forth in this Paragraph, and as such, the averments are denied in accordance with Pa.R.C.P. 1029(c), and strict proof thereof is demanded at time of trial. By way of further response, the averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. 13. Denied. After reasonable investigation inquiry, Answering Defendant is without sufficient information to form a belief as to the truth or falsity of the averments set forth in this Paragraph, and as such, the averments are denied in accordance with Pa.R.C.P. 1029(c), and strict proof thereof is demanded at time of trial. By way of further response, the averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. COUNT I -NEGLIGENCE Tiffany O'Hara v. The Estate of Timothy I{alar 14. Defendant hereby incorporates its answers to Paragraph 1-13 of the Complaint, as if set forth verbatim. 15. a-f. Denied. After reasonable investigation inquiry, Answering Defendant is without sufficient information to form a belief as to the truth or falsity of the averments set forth in this Paragraph, and as such, the averments are denied in accordance with Pa.R.C.P. 1029(c), and strict proof thereof is demanded at time of trial. By way of further response, the averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. 16. Denied. After reasonable investigation inquiry, Answering Defendant is without sufficient information to form a belief as to the truth or falsity of the averments set forth in this Paragraph, and as such, the averments are denied in accordance with Pa.R.C.P. 1029(c), and strict proof thereof is demanded at time of trial. By way of further response, the averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. WHEREFORE, Defendant requests judgment be entered in its favor. NEW MATTER 17. Defendant hereby incorporates its answers to Paragraph 1-16 of the Complaint, as if set forth verbatim. 18. Plaintiffs have failed to state a cause of action against Defendant upon which relief can be granted. 19. Plaintiffs claims are barred and/or limited by all applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 20. No act or omission on the part of Defendant was a substantial or contributing factor in bringing about Plaintiffs alleged injuries and/or damages, all such injuries and/or damages being expressly denied. 21. Any and all injuries and/or damages as described by Plaintiff in her Complaint, the same being expressly denied, were caused in whole or in part by the acts or omissions on the part of Plaintiff and/or others over whom Defendant had no control or right of control. 22. Plaintiffs claims are derivative in nature and are barred as a matter of law. 23. Defendant breached no duty of care owed to Plaintiff under the circumstances. 24. Plaintiff s claims are barred and/or limited by the Pennsylvania Comparative Negligence Act. 25. Plaintiffs claims are barred and/or limited by the applicable provisions of the Pennsylvania Worker's Compensation Act. 26. At all times material hereto, Defendant acted in a safe, legal and non-negligent manner. 27. Plaintiffs claims are barred by the defenses listed in Pa.R.C.P. 1030. 28. In order to preserve potentially available defenses, Defendant asserts that PlaintifFs claims may be barred and/or limited by one or more of the following defenses: assumption of the risk, consent, contributory negligence, discharge and bankruptcy, estoppel, failure of consideration, illegality, immunity from suit, impossibility of performance, justification, laches, license, payment, privilege, release, statute of frauds, statute of limitations, truth and waiver, all such affirmative defenses being hereby pleaded as required by Pa. R.C.P. 1032 and as subject to demonstration pending subsequent discovery. WHEREFORE, Defendant requests judgment be entered in its favor. By: MARSHALL DENNEHEY WARNER COLEMAN ~E~QGGIN _,_.... . Step n J. Barcavage, Esquire orney for Defendants ID# 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Dated: March 14, 2008 VERIFICATION I, Stephen Kalar, hereby state and aver that I have read the foregoing document which has been drafted by my counsel. The factual statements contained therein are true and correct to the best of my knowledge, information and belief although the language is that of my counsel, and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this Verification. This statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. ~~~~'?_ STEPHE KALAR As Executor of the Estate of Timothy Kalar VERIFICATION I, S`r~ a N ~~ ~A ~, on behalf of the Estate of Timothy Kalar, hereby state and aver that I have read the foregoing document which has been drafted by my counsel. The factual statements contained therein are true and correct to the best of my knowledge, information and belief although the language is that of my counsel, and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this Verification. This statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. On behalf of the Estate of Timothy Kalar (print name) VERIFICATION I, Kimberly Getty, hereby state and aver that I have read the foregoing document which has been drafted by my counsel. The factual statements contained therein are true and correct to the best of my knowledge, information and belief although the language is that of my counsel, and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this Verification. This statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. ~d _ ERLY ETTY As Executor of the Estate of Timothy Kalar c-j ,., r"' ~.," ' as " ~~` {.~ ~. ~ ..~ e_.x ,~ ->-; ~ ..3 ti ~' , C'J -, a-s°~s -~ :t .. t_~ E 4.s t TIFFANY O'HARA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v N0.:07-5415 ESTATE OF TIMOTHY KALAR, CIVIL ACTION -LAW KIlVIBERLY GETTY, and : STEPHEN KALAR, as Executors of The Estate of Timothy Ka1ar JURY TRIAL DEMANDED PLAINTIFFS ANSWER TO DEFENDANTS NEW MATTER AND NOW, comes Tiffany O'Hara, by and through her counsel Karl E. Rominger, Esquire, and in support of, avers as follows: 17. No answer required. 18. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. 19. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. 20. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. 21. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. 22. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. 23. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. 24. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. 25. The avermenrts contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevan, is demanded. 26. The averments contained in this Paragraph constitute conchusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevam, is demanded. 27. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. 28. The avermenrts contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevam, is demanded. Date: April 9, 2008 Respectfully Submitted, Rominger & Associates Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff TIFFANY O'HARA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. N0.:07-5415 ESTATE OF TIMOTHY KALAR, CIVIL ACTION -LAW KIlVIBERLY GETTY, and STEPHEN KALAR, as Executors of The Estate of Timothy Kalar JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, certify that I this day served a copy of within Plaintiffs Answer to Defendants New Matter upon the following by depositing the same in the United States mail postage pre-paid, first class, addressed as follows: Stephen J. Barcavage, Esquire MARSHALL DENNEHEY WARNER COLEMAN & GOGGIlV 4200 Crums Mill Road, Suite B Harrisburg, Pennsylvania 17112 Respectfully Submitted, Rominger & Associates Date: Apri19, 2008 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff c~ ~ Ili rf}A ~ "~1 ±.:/ ~.s i~ ~+ ~t,- ~~ ... l~4... ~y -j.. ~? MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Stephen J. Barcavage, Esquire ID# 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Our File No. 06091-00852 Attorney for Defendants TIFFANY O'HARA vs. ESTATE OF TIMOTHY KALAR. KIMBERLY GETTY, and STEPHEN KALAR as Executors of the Estate of Timothy Kalar IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 07-5415 CIVIL ACTION -LAW' JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-referenced matter as SETTLED, DISCONTINUED and ENDED with Prejudice. ..- DATE: } ~ ~ C ~~ ~ BY: ~~;~ l Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff