HomeMy WebLinkAbout03-5462 IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
MAURICE E. LaVOIE and
CAMILLE M. LaVOIE, his wife,
Plaintiffs
L1NWOOD D. NESTER, II.,
Defendant
CIVIL ACTION - LAW
NO. --
JURY TRIAL DEMANDED
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must
take action within twenty (20) days after this Complaint 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 judgment may be entered against
you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested
by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU
WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU
WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS
AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
2 Liberty Avenue, Carlisle, PA 17013
(717) 249-3166 or (800) 990-9108
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se
persentan mils adelante en las siguientes pfiginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu~s
de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia
escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra
suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin
usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio
solicitado por el demandante puede ser dictado en contra suya por la Corte sin mils aviso adicional. Used puede
perder dinero o propiedad u otros derechos importantes para used.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO
'TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE
PROVEERLE 1NFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO.
SI USED NO PUEDE PAGAR POR LOS SERVIC1OS DE UN ABOGADO, ES POSIBLE QUE ESTA
OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS
LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN.
Cumberland County Bar Association
2 Liberty Avenue, Carlisle, PA 17013
(717) 249-3166 or (800) 990-9108
266299,1 ~JkS\SSA
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
MAURICE E. LaVOIE and
CAMILLE M. LaVOIE, his wife,
Plaintiffs
LINWOOD D. NESTER, II.,
Defendant
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
COMPLAINT
Plaintiff Maurice E. LaVoie and Camille M. LaVoie are husband and wife, adult
individuals, citizens of the Commonwealth of Pennsylvania, who currently reside at 43 Southpoint
Drive, Mechanicsburg, Cumberland County, Pennsylvania.
2. Defendant Linwood D. Nester, II, is an adult individual, citizen of the
Commonwealth of Pennsylvania, who currently resides at 43 Kensington Drive, Camp Hill,
Cumberland County, Pennsylvania.
3. The facts and occurrences hereinafter related took place on or about March 27, 2002,
at approximately 1:24 p.m., on SR 2023, Shepherdstown Road, near East Elmwood Avenue,
Borough of Mechanicsburg, Mechanicsburg, Cumberland County, Pennsylvania.
4. At that time and place, Plaintiff Maurice E. LaVoie was operating a 1994 Ford
Windstar in a northbound direction on Shepherdstown Road approaching the access to the
Mechanicsburg Middle School's rear parking lot. Plaintiff Camille M. LaVoie was a front seat
passenger in the LaVoie vehicle.
266299.1 ~AS\SSA
5. At that time and place, Defendant Linwood D. Nester, II, was operating a 1996
Mercury Sable and was attempting to exit the Mechanicsburg Middle School's rear parking lot onto
northbound Shepherdstown Road.
6. At that time and place, Defendant Linwood D. Nester, II, failed to yield the right-of-
way to traffic on Shepherdstown Road, crossed the southbound lane, entered the northbound lane
which was the LaVoie vehicle's path of travel, and drove directly into the LaVoie vehicle, causing a
violent collision to occur.
7. At that time and place, the front portion of Defendant Linwood D. Nester's vehicle
collided with the left side of the LaVoie vehicle.
8. As a result of the violent collision, Plaintiff Maurice E. LaVoie lost control of his
vehicle, which became momentarily airborne, crossed the double yellow line, and violently collided
with a third vehicle which was traveling southbound on Shepherdstown Road.
9. The foregoing accident and all the injuries and dmnages set forth hereinafter
sustained by Plaintiffs Maurice E. LaVoie and Camille M. LaVoie are the direct and proximate
result of the negligent, careless, wanton and reckless manner in which Defendant Linwood D.
Nester, II, operated his motor vehicle as follows:
(a) failure to keep alert and maintain a proper watch for the presence of other
motor vehicles on the highway;
(b) failure to have his vehicle under such control as to be able to stop within the
assured clear distance ahead;
266299.1 ~RAS\SSA 2
(c)
(d)
(e)
(g)
(h)
failure to apply his brakes in sufficient time to avoid the colliding with the
LaVoie vehicle;
failure to drive his vehicle with due regard for the highway and traffic
conditions which were existing and of which he was or should have been
aware;
failure to have proper and adequate control over his vehicle;
failure to yield the fight-of-way to Plaintiff's vehicle;
failure to take reasonable evasive action to avoid the accident;
driving his vehicle upon the highway in a manner endangering persons and
property and in a reckless manner with careless disregard to the fights and
safety of others and in violation of the Motor Vehicle Code of the
Commonwealth of Pennsylvania.
10.
reference.
11.
CLAIM I
MAUR1CE E. LaVOIE v. LINWOOD D. NESTER, II
Paragraphs 1 through 9 of Plaintiffs' Complaint are incorporated herein by
As a result of the aforementioned accident, Plaintiff Maurice E. LaVoie sustained
painful and severe injuries which include, but are not limited to, fractured tibial plateau, fractured
fibular head, fractured talus, lacerated scalp, and neck strain.
12. As a result of the injuries sustained, Plaintiff Maurice E. LaVoie was forced to incur
liability for medical treatment, medications, hospitalizations, and similar miscellaneous expenses in
an effort to restore himself to health, and claim is made therefore.
266299. I~RAS\SSA 3
13. Because of the nature of his injuries, Plaintiff Maurice E. LaVoie has been advised
and, therefore, avers that he may be forced to incur similar expenses in the future, and claim is made
therefor.
14. As a result of the aforementioned collision and resulting injuries, Plaintiff Maurice
E. LaVoie has undergone and in the future will undergo great physical and mental suffering, great
inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is
made therefor.
15. As a result of the aforementioned collision and resulting injuries, Plaintiff Maurice
E. LaVoie has been and in the future will be subject to great humiliation and embarrassment, and
claim is made therefor.
16. Plaintiff Maurice E. LaVoie continues to be plagued by persistent pain and
limitation and, therefore, avers that his injuries may be of a permanent nature, causing residual
problems for the remainder of his lifetime, and claim is made therefor.
17. As a result of the aforesaid accident, Plaintiff Maurice E. LaVoie has sustained scars
which will result in a permanent disfigurement, and claim is made therefor.
18.
reference.
CLAIM II
CAMILLE M. LaVOIE v. LINWOOD D. NESTER. II
Paragraphs 10 through 17 of Plaintiffs' Complaint are incorporated herein by
266299.1~.AS\SSA
19. As a result of the aforementioned injuries sustained by her husband, Plaintiff
Maurice E. LaVoie, Plaintiff Camille M. LaVoie has been and may in the future be deprived of the
care, companionship, consortium, and society of her husband, all of which will be to her gmat
detriment, and claim is made therefor,
WHEREFORE, Plaintiffs Maurice E. LaVoie and Camille M. LaVoie demand judgment
against Defendant Linwood D. Nester, II, in an amount in excess of Twenty-five Thousand Dollars
($25,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring
compttlsory arbitration.
Date: October 13, 2003
ANGINO & ROVNER, P.C.
~i.~iNo. 4A~chard A. dlock, Esqm~
4503 North Front Street
Harrisburg, PA 17110
(717) 238-6791
Counsel for Plaintiffs
266299. I h~,AS\SSA
VERIFICATION
We, Maurice E. LaVoie and Camille M. LaVoie, Plaintiffs, have read the foregoing
PLAINTIFFS' COMPLAINT and do hereby swear or affirm that the facts set forth in the
foregoing are true and correct to the best of our knowledge, information and belief. We understand
that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to
unswom falsification to authorities.
Manrice E. LaVoie
Camille M. LaVoie
266413.1 ~.AS\MLB
SHERIFF'S
CASE NO: 2003-05462 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LAVOIE MAURICE E ET AL
VS
NESTER LINWOOD D II
RETURN - REGULAR
CPL. TIMOTHY REITZ ,
Cumberland County, Pennsylvania,
says, the within COMPLAINT & NOTICE was served upon
NESTER LINWOOD D II the
DEFENDANT , at 2045:00 HOURS, on the 16th day of October
at 43 KENSINGTON DRIVE
CAMP HILL, PA 17011 by handing to
LINWOOD D NESTER II
a true and attested copy of COMPLAINT & NOTICE
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
together with
2003
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 8.28
Affidavit .00
Surcharge 10.00
.00
36.28
Sworn and Subscribed to before
me this ~ ~ day of
So Answers:
R. h~om~ K~ine
~0/20/2003
ANGINO & ROVNER
Jefferson J. Shipman, Esquire
I.D. #51785
GOLDBERG, KATZMAN & SHIPMAN, P.C.
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Counsel for Defendants
MAURICE E. LaVOIE and
CAMILLE M. LaVOIE, his wife,
Plaintiffs
vs.
LINWOOD D. NESTER, II,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
03-5462 CIVIL TERM
JURY TRIAL DEMANDED
PP~%ECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Jefferson
Esquire, of Goldberg, Katzman & Shipman, P.C.,
behalf of Defendant, Linwood D. Nester, II.
J. Shipman,
as counsel on
103138.1
GOLDBERG, KATZMAN & SHIPMAN, P.C.
~f~son J.- Sh~[pman, Esquire
~ttorney I.D. 51785
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Attorneys for Defendant,
Linwood D. Nester, II
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been duly
served on the following counsel of record, by depositing the same
in the United States Mail, postage prepaid, in Harrisburg,
Pennsylvania, on ,~/~ :
Richard A. Sadlock, Esquire
Angino & Rover, P.C.
4503 North Front Street
Harrisburg, PA 17110
103128.1
GOLDBERG, KATZMAN & SHIPMAN, P.C.
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Attorneys for Defendant
Esquire
Jefferson J. Shipman, Esquire
I.D. %51785
GOLDBERG, KATZMAN & SHIPMAN, P.C.
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Counsel for Defendant
MAURICE E. LaVOIE and
IN THE COURT OF COMMON PLEAS OF
CAMILLE M. LaVOIE, his wife,
Plaintiffs
vs.
LINWOOD D. NESTER, II,
Defendant
CUMBERLAND COUNTY,
CIVIL ACTION - LAW
03-5462 CIVIL TERM
JURY TRIAL DEMANDED
PENNSYLVANIA
NOTICE TO PLEAD
TO:
Plaintiffs and their counsel,
Richard A. Sadlock, Esquire
ANGINO & ROVNER, P.C.
4503 North Front Street
Harrisburg, PA 17110
You are hereby notified to plead to the New Matter of
Defendant within twenty (20) days of service hereof.
Date: j
103120
GOLDBERG, KATZMAN & SHIPMAN, P.C.
P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Attorneys for Defendant,
Linwood D. I~ester, II
Jefferson J. Shipman, Esquire
I.D. #51785
GOLDBERG, KATZMAN & SHIPMAN, P.C.
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Counsel for Defendants
MAURICE E. LaVOIE and
IN THE COURT OF COMMON PLEAS OF
CAMILLE M. LaVOIE, his wife,
Plaintiffs
vs.
LINWOOD D. NESTER, II,
Defendant
CUMBERLAND COUNTY,
CIVIL ACTION - LAW
03-5462 CIVIL TERM
JURY TRIAL DEMANDED
PENNSYLVANIA
ANSWER AND NEW MATTER OF DEFENDANT
PLAINTIFFS' COMPLAINT
AND NOW, come the Defendant, Linwood D. Nester, II, by and
through his counsel, Goldberg, Katzman & Shipman, P.C., and files
the following Answer and Mew Matter to Plaintiffs, Complaint:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted in part, denied in part. It
that there was a collision between the vehioles.
averments of Paragraph No.
which no
is admitted only
The remaining
6 are conclusions of law and fact to
response is required. If a response is deemed to be
required, the averments
denied.
7. Admitted.
8. Denied.
without sufficient
contained therein are specifically
After reasonable investigation, Mr. Nester is
knowledge or information to form a belief as
to the truth of the averments contained in Paragraph No.
the same are,
time of
9. Denied.
subparagraphs (a)
which ne
required,
denied.
therefore, denied and strict proof demanded
trial.
8 and
at the
The averments contained in Paragraph No. 9 and
through (h) are conclusions of law and fact to
response is required. If a response is deemed to be
the averments contained therein are specifically
{a) Denied. It is specifically denied that Hr. Nester
Mr. Nester
allegedly negligent in failing to apply his brakes in
to avoid colliding with the LaVoie vehicle;
sufficient time
(b) Denied.
failed to have his
to stop within the
{c) Denied.
was
It is specifically denied that Mr. Nester
vehicle under such control as to be able
assured clear distance ahead;
It is specifically denied that
failed to keep alert and maintain a proper watch for the
presence of other motor vehicles on the highway;
(d) Denied. It is specifically denied that Mr. Nester
failed to drive his vehicle with due regard for the highway
and traffic conditions existing and of which he was or
should have been aware;
(e) Denied. It is specifically denied that Mr. Nester
failed to have proper and adequate control over his vehicle;
(f) Denied. It is specifically denied that Mr. Nester
failed to yield the right-of-way to Plaintiffs' vehicle;
(g) Denied. It is specifically denied that Mr. Nester
failed to take reasonable evasive act[on to avoid the
accident; and
{h) Denied. It is specifically denied that Mr. Nester
drove his vehicle upon the highway in a manner endangering
persons and property and in a reckless manner with careless
disregard to the rights and safety of others and in
violation of the Motor Vehicle Code of the Commonwealth of
Pennsylvania.
10. Mr.
to Paragraphs
herein at
CLAIM I
MAURICE E. LaVOIE v. LINWOOD D. NESTER,
Nester incorporates herein by reference his answers
Nos. 1 through 9 above as though fully set forth
length.
3
11. Denied. After reasonable investigation, Mr. Nester is
without sufficient knowledge or information to form a belief as
to the truth of the averments contained in Paragraph No. 11
relating to Plaintiff's alleged injuries and the same are,
therefore, denied and strict proof demanded at the time of trial.
12. Denied. After reasonable investigation, Mr. Nester is
without sufficient knowledge or informaticn to form a belief as
to the truth of the averments contained in Paragraph No. 12
relating to Plaintiff's alleged medical treatment and the same
are, therefore, denied and strict proof demanded at the time of
trial.
13. Denied. After reasonable investigation, Mr. Nester is
without sufficient knowledge or information to form a belief as
to the truth of the averments contained in Paragraph No. 13
relating to Plaintiff's alleged future expenses and the same are,
therefore, denied and strict proof demanded at the time of trial.
14. Denied. After reasonable investigation, Mr. Nester is
without sufficient knowledge or information to form a belief as
to the truth of the averments contained in Paragraph No. 14
relating to Plaintiff's alleged physical and mental suffering and
loss of life's pleasures and enjoyment and the same are,
therefore, denied and strict proof demanded at the time of trial.
4
15. Denied. After reasonable investigation, Hr. Nester is
without sufficient knowledge or information to form a belief as
to the truth of the averments contained ii1 Paragraph No. 15
relating to Plaintiff's alleged great humiliation and
embarrassment and the same are, therefore, denied and strict
proof demanded at the time of trial.
16. Denied. After reasonable investigation, Hr. Nester is
without sufficient knowledge or information to form a belief as
to the truth of the averments contained in Paragraph No. 16
relating to Plaintiff's alleged permanent pain and limitation and
therefore, denied and strict proof demanded at the
the same are,
time of trial.
17. Denied. After reasonable investigation, Mr. Nester is
without sufficient knowledge or information to form a belief as
to the truth of the averments contained in Paragraph No. 17
relating to Plaintiff's
the same are, therefore,
time of trial.
be
alleged scarring and disfigurement and
denied and strict proof demanded at the
WHEREFORE, the Defendant respectfully requests that judgment
entered in his favor and that Plaintiffs' Complaint be
dismissed with prejudice.
5
CLAIM II
CAMILLE M. LaVOIE v. LINWOOD D. NESTER, II
18. Mr. Nester incorporates herein by reference his answers
to Paragraphs Nos. 10 through 17 above as though fully set forth
herein at length.
19. Denied. After reasonable investigation, Mr. Nester is
without sufficient knowledge or information to form a belief as
to the truth of the averments contained in Paragraph No. 19
relating to Mrs. LaVoie's alleged loss of consortium and the same
are, therefore, denied and strict proof demanded at the time of
trial.
WHEREFORE, the Defendant respectfully requests that judgment
be entered in his favor and that Plaintiffs' Complaint be
dismissed with prejudice.
NEW MATTER
By way of additional answer and reply, the Defendant
interposes the following New Matter defenses:
20. This action is subject to the provisions of the
Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.
C.S.A. ~1701, et seq.
21. Plaintiffs' claims may be limited or barred by the
limited tort option pursuant to 75 Pa. C.S.A. ~1705, et seq.
6
22. If it should be found that there was any negligence on
the part of the Defendant, Mr. Nester, which negligence is
denied, any such negligence was not a proximate cause of any
damages to the Plaintiffs.
23. If the Plaintiff suffered the injuries alleged in the
Complaint, those injuries were caused in whole or in part by the
negligence of the Plaintiff, and recovery in this action is
barred or diminished in accordance with the Pennsylvania
Comparative Negligence Act, 42 Pa. C.S.A. ~7102, et seq., and by
the doctrine of comparative negligence.
24. The negligence of the Plaintiff consisted of the
following:
(a) Failing to have his vehicle under proper control;
(b) Failing to keep a proper lookout for other
vehicles on the highway; and
(c) Failing to drive at a speed which was safe for the
conditions then and there existing.
25. The Plaintiff's failure to exeroise reasonable care for
his own safety was a substantial factor and/or legal cause in the
happening of the accident.
26. The cause of action of Mrs.
execution of a General Release.
LaVoie may be barred by the
7
Complaint be
WHEREFORE, the Defendant respectfully requests that judgment
be entered in his favor and that Plaintiffs'
dismissed with prejudice.
DATE:
103120.1
Respectfully submitted:
GOLDBERG, KATZMAN & SHIPMAN, P.C.
~r~on J.-Shlpman{ Esquire
~ttorney I.D. 51785
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Attorneys for Defendant,
Linwood D. Nester, II
8
VERIFICATION
I, Linwood D. Nester, II, hereby acknowledge that I am a
Defendant in this action; that I have read the foregoing Answer
and New Matter and that the facts stated therein are true and
correct to the best of my knowledge, information and belief.
I understand that any false statements herein are made
subject to penalties of 18 Pa. C.S. Section 4904, relating to
unsworn falsification to authorities.
Linwood D. Nester, II
Date:
103129.1
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been duly
served on the following counsel of record, by depositing the same
in the United States Mail, postage prepaid, in Harrisburg,
Pennsylvania, on
Richard A. Sadlock, Esquire
Angino & Rover, P.C.
4503 North Front Street
Harrisburg, PA 17110
103128.1
GOLDBERG, KATZMAN & SHIPMAN, P.C.
~I.D. #: !51785
320 Market Street
P.O. Box i[268
Harrisburg, PA 17108-1268
Attorneys for Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
MAURICE E. LaVOIE and CIVIL ACTION - LAW
CAMILLE M. LaVOIE, his wife,
Plaintiffs
NO. 03-5462 Civil
V.
LINWOOD D. NESTER, II.,
Defendant JURY TRIAL DEMANDED
PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT
AND NOW come the Plaintiffs, by and through their attorneys, Angino & Rovner, P.C., and
hereby enter the following Reply to the New Matter of Defendant as follows:
20. Defendant's averment is a conclusion of law to which no responsive pleading is
required. To the extent the averment may be deemed factual, it is hereby specifically denied. By
way of amplification, all of Plaintiffs' injuries and damages are recoverable in the instant action.
The Pennsylvania Motor Vehicle Financial Responsibility Law in no way limits the damages
Plaintiffs may recover herein.
21. Defendant's averment is a conclusion of law to which no responsive pleading is
required. To the extent the averment may be deemed factual, it is hereby specifically denied. By
way of amplification, the Plaintiffs selected the full tort option on their policy and are, therefore,
entitled to maintain an action for non-economic losses. Further, Plaintiff Maurice E. LaVoie did
suffer a serious injury. Plaintiffs' Declaration Page is attached hereto as Exhibit A.
267210.1 ~-~kS\MLB
22. Defendant's averment is a conclusion of law to which no responsive pleading is
required. To the extent the averment may be deemed factual, it is hereby specifically denied. By
way of amplification, Defendant's negligence was in fact the proximate cause of the damages
sustained by Plaintiffs. Further, all of Plaintiffs' injuries and damages were caused solely and
directly as a result of the negligence, carelessness, wantonness and recklessness of the instant
Defendant.
23. Defendant's averment is a conclusion of law to which no responsive pleading is
required. To the extent the averment may be deemed factual, it is hereby specifically denied. By
way of amplification, Plaintiff Maurice E. LaVoie was not negligent in any way. Therefore, the
Pennsylvania Comparative Negligence Act does not apply to the instant action. Further, all of
Plaintiffs' injuries and damages are recoverable in the instant action and are in no way reduced.
24. Defendant's averment is a conclusion of law to which no responsive pleading is
required. To the extent the averment may be deemed factual, it is hereby specifically denied. By
way of amplification, Plaintiff Maurice E. LaVoie was not negligent in any way. Further,
(a) Plaintiff Maurice E. LaVoie did have his vehicle under proper control at all times;
(b) Plaintiff Maurice E. LaVoie did keep a proper lookout for other vehicles on the
highway; and
(c) Plaintiff Maurice E. LaVoie did drive at a safe speed for the conditions then and
there existing.
All of Plaintiffs' injuries and damages were caused solely and directly as a result of the
negligence, carelessness, wantonness and recklessness of the instant Defendant.
268772.1~,AS~MLB
25. Defendant's averment is a conclusion of law to which no responsive pleading is
required. To the extent the averment may be deemed factual, it is hereby specifically denied. By
way of amplification, the acts and omissions of the Defendant do constitute negligence and were
substantial causes and factors of the subject incident and did result in the injuries and losses
sustained by the Plaintiffs. Further, as previously indicated, at all times applicable hereto, Plaintiff
Maurice E. LaVoie exercised reasonable care for his own safety.
26. Defendant's averment is a conclusion of law to which no responsive pleading is
required. To the extent the averment may be deemed factual, it is hereby specifically denied. By
way of amplification, Mrs. LaVoie's cause of action for loss of consortium is not barred by the
execution of a General Release.
WHEREFORE, Plaintiffs respectfully request Your Honorable Court to dismiss Defendant's
Answer and New Matter and enter judgment in their favor against the Defendant.
ANG1NO & ROVNER, P.C.
Date: December 1, 2003
o. 47281
4503 North Front Street
Harrisburg, PA 17110
(717) 238-6791
Counsel for Plaintiffs
268772.1~AS~MLB
T.r,~is ENDORSEMENT Page, With "olicy Form 8437, Forms
and Endorsements Listed Below £NDS your policy.
CH.# 01 EFF.04-04-02
INSURER: HARTFORD ACCIDENT AND INDEMNITY COMPANY
HARTFORD PLAZA, HARTFORD, CONNECTICUT 06115
DECLARATIONS
POLICY NO. 17 PH 301927
Named Insured and LAVOIE,MAURICE & CAMILLE
Mailin9 Address I~ 43 SOUTHPOINT DR
MECHANI CSBURG, pA 17055
DUPLICATE COPy
Policy Period 12:01 A.M. Standard Time
at the Address of the Named Insured
I,,FROM 09-15-01 TO 09-15-02 TERM: 1 YEAR
Producer Name:
FOR CUSTOMER ASSISTANCE,
Code: 170006
PLEASE CALL 1-877-987-FORD
TOTAL POLICY PREMIUM: I $ 814.00
Auto NO. Description Of Autos or Trailers
1 02 FORD FOCUS SE/SE COMF
NOT A BILL
THIS
IS
Vehicle ID NUmber Class
1FAFP34P52W213059 408Q3A
138f
COVERAGE IS PROVIDED ONLY WHERE A PREMIUM IS SHOWN FOR THE AUTO AND COVERAGE.
YOUR POLICY AFFORDS COLLISION COVERAGE TO A VEHICLE YOU MAY RENT ON A SHORT
TERM BASIS BECAUSE YOU HAVE PURCHASED COLLISION COVERAGE ON AT LEAST ONE OF THE
VEHICLES DESCRIBED IN YOUR POLICY. THE BROADEST AMOUNT OF COLLISION COVERAGE
AND THE LOWEST DEDUCTIBLE THAT APPLIES TO ANY OF YOUR VEHICLES APPLIES TO THE
ONE YOU RENT.
THE COLLISION COVERAGE THAT APPLIES TO RENTAL VEHICLES IS SUBJECT TO ALL TERMS
APPLYING TO COLLISION COVERAGE IN YOUR POLICY INCLUDING EXCLUSIONS.
COVERAGES AND LIMITS OF LIABILITY
A. LIABILITY
BODILY INJURY
PROPERTY DAMAGE
EACH PERSON
EACH ACCIDENT
EACH ACCIDENT
PREMIUMS BY AUTO
1
100,000
300,000 $ 97.00
50,000 $ 119.00
UNINSURED MOTORISTS: NON STACKED
BODILY INJURY EACH PERSON $ 100,000
EACH ACCIDENT $ 300,000 $ 32.00
UNDERINSURED MOTORISTS: NON STACKED
BODILY INJURY EACH PERSON $ 100,000
EACH ACCIDENT $ 300,000 $ 32.00
D. DAMAGE TO YOUR AUTO AUTO
OTHER THAN COLLISION 1
ACV LESS DEDUCTIBLE $ 50
COLLISION
ACV LESS DEDUCTIBLE $ 500
TOWING & LABOR COSTS
EACH DISABLEMENT $ 50
COUNTERSIGNED BY
ACV = ACTUAL CASH VALUE
$ 149.00
$ 343.00
$ 8.00
AUTHORIZED AGENT
.... CONTINUED ON PAGE 2 ....
000000
FORM A-4800-0 (Ed. 5/95) W ~' A
DECLARATIONS (CONTINUED) POLICY l~. 17 PH 301927
NAMED INSURED: LAVOIE,MAURICE & CAMILLE
FIRST PARTY BENEFITS: $
BASIC MEDICAL EXPENSE BENEFIT UP TO $ 5,000
1
34.00
TOTAL PREMIUM EACH AUTO $ 814.00
ACCT NO. X
*THIS IS NOT A BILL*
ADDITIONAL PREMIUM $ 113.00
LOSS PAYEE/ADDITIONAL
AUTO MEMBERS 1ST FCU
P1 5000 LUISE DR
MECHANICSBURG
INSURED
PA 17055
FORMS AND ENDORSEMENTS NOW MADE PART OF THIS POLICY:
A-5260-1 WAIVER OF COLLISION DEDUCTIBLE
A-5719-0 COVERAGE FOR DAMAGE TO YOUR AUTO EXCLUSION ENDORSEMENT
A-5747-0 PERSONAL AUTO INSURANCE PROGRAM SPECIAL EXTENSIONS OF COVERAGE
THE AUTOS DESCRIBED IN THIS POLICY ARE PRINCIPALLY GARAGED AT THE ADDRESS SHOWN
ON PAGE 1
RATING INFORMATION:
NON STACKED UM/UDM
FULL TORT APPLIES
AUTO 1 SYMBOL E
Because a vehicle is equipped with an air bag safety feature your
policy premium has been reduced.
Because a vehicle is protected by an anti-theft device, we were able to
give you an additional credit.
If you're ever in an accident ... report it right away!
reputation and resolve of The Hartford to work for you
Call 1-877-217-FORD.
Put the resources,
immediately!
05-30-02 05-30-02 05-30-02
FORM A-4800-0 (Ed. 5/95) W
VERIFICATION
We, Maurice E. LaVoie and Camille M. LaVoie, Plaintiffs, have read the foregoing
PLAINTIFFS' REPLY TO NEW MATTER and do hereby swear or affirm that the facts set
forth in the foregoing are tree and con'ect to the best of our knowledge, information and belief. We
understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904,
relating to unswom falsification to authorities.
Maudce E. LaVoie
Camille M. LaVoie
Dated:
CERTIFICATE OF SERVICE
I, Marcy L. Brymesser, an employee of the law firm of Angino & Rovner, P.C., do hereby
certify that I am this day serving a tree and correct copy of PLAINTIFFS' REPLY TO NEW
MATTER on the following via postage prepaid, first class United States mail, addressed as
follows:
Jefferson J. Shipman, Esquire
Goldberg, Katzman & Shipman
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Date: December 1, 2003
268772.1~AS\MLB
Jefferson J. Shipman, Esquire
I.D. #: 51785
JOHNSON, DUFFIE, STEWART &WEIDNER
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone: {717) 761-4540
Attorney for Defendant
MAURICE E. LaVOIE and
CAMILLE M. LaVOIE, his wife,
Plaintiffs
vs.
LINWOOD D. NESTER, II,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 03-5462 CIVIL TERM
JURY TRIAL DEMANDED
P~AECIPE
TO THE PROTHONOTARY:
PLEASE change the address and telephone number for Jefferson
J. Shipman, Esquire, attorney for the Defendant, to:
Johnson, Duffie, Stewart & Weidner
361 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone: (717) 761-4540
JOHNSON, DUFFIE, STEWART & JOHNSON
JeffersOn J. S~pman, Esquire
I.D.#: 51785
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Attorneys for Defendants
DATE:
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and corect copy of the
foregoing document upon all counsel of record by depositing the
same in the United States Mail, first class, postage repaid, at
Lemoyne, Pennsylvania, on April 8, 2004:
Richard A. Sadlock, Esquire
Angino & Rovner, P.C.
4503 North Front Street
Harrisbur, PA 17110
Attorneys for Plaintiffs
JOHNSON, DUFFIE, STEWART & JOHNSON
Jefferson J. S~ipman, Esquire
I.D.#: 51785
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Attorneys for Defendants
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
Attorneys for Defendant
MAURICE E. LaVOIE and CAMILLE
LaVOIE, his wife,
Plaintiffs,
LINWOOD D. NESTER, II,
Defendant
U.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-5462 Civil
CIVIL ACTION - LAW
JURY ']'RIAL DEMANDED
CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
TO:
Maurice E. LaVioe, Camille M. LaVoie and
Richard A. Sadlock, Esquire
Angino & Rovner, P.C.
4503 North Front Street
Harrisburg, PA 17110
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 lest twenty days prior to the date on which the
subpoenas were sought to be served;
A copy of the Notice of Intent including the proposed subpoenas, is attached to this
(2)
Certificate:
(3)
No objection to the subpoenas has been received; the twenty day waiting period for
objections was waived;
(4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent
Date:
Respectfully submitted,
Jefferson J. Shipman,'Esquire
Attorney I.D. No. 51785
301 Market Street
P.O. Box 109
Lemoyne, PA 1:;'043-0109
Telephone (717) 761-4540
Attorneys for Defendants
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all
counsel of records by depositing the same in the United States Mail, first class postage prepaid, at
Lemoyne, Pennsylvania, on the //~ day of /~ ~ ~/ ,2004, addressed as follows:
/
Richard A. Sadlock, Esquire
Angino & Rovner, P.C.
4503 North Front Street
Harrisburg, PA 17110
JOHNSOJ~UFFIE, STEWART & WEIDNER
By: Jeff~son J. Shipman, Esquire
Attorney I.D. No 51785
301 Market Street
P.O. Box 109
Lemoyne, PA 1'7043-0109
Telephone (7171, 761-4540
Attorneys for Defendant
227662
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
Attorneys fi>r Defendant
MAURICE E. LaVOIE and CAMILLE
LaVOIE, his wife,
Plaintiffs,
LINWOOD D. NESTER, II,
Defendant
IN THE ,COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-5462 Civil
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.2t
TO:
Maurice E. LaVioe, Camille M. LaVoie and
Richard A. Sadlock, Esquire
Angino & Rovner, P.C.
4503 North Front Street
Harrisburg, PA 17110
PLEASE TAKE NOTICE that Defendants intend to serve three 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.
JOHNSO~'13'~JFFIE, STEWART & WEIDNER
By: Jeffe~on 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
Date:
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all
counsel of records by depositing the same in the United States Mail, certified postage prepaid, at Lemoyne,
Pennsylvania, on the ,'~Y(.~. day of ~/~_~ .~J" , 2004, addressed as follows:
/
Richard A. Sadlock, Esquire
Angino & Rovner, P.C.
4503 North Front Street
Harrisburg, PA 17110
JOHNSOI~c~FFIE, STEWART & WF_JDNER
Jeffer~)n J. Shipman, E~qu'., . ,.
Attorney D No 51'785 · ~.,
301 Market Street ....
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (7171) 761-4540
Attorneys for Defendant
227662
Haur~ce E. LaVo~e and C~mitle H. LaVo~e,
Pla±nti~£s
Lin~ood D. Nester,
· (y~faqvrgAL~l] OF
~ OF CO~J-.~
File No. 03-5462
Defendant
SUBPOENA TO PRCOX~ DOOJPENTSO~:THI~S
FOf~ DISCOVERY PURSUANT TO RULE ~009.22
TO: Hershey ~edieal Co. tor
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you a~e ordeped by the court to
produoe the following dooJnents or things: _any and all medical re/ord~: r~pnrr~, rnT~¢~pnndence
~diagnostic tesI_res-lt~ per~aining tO ~[aurice E. lmVoie g!g~ 05a-3~-3973
at Johnson~ Duffie, Stewart & Weidner, 301 Market St. II P.O. Box 109, Lemoyne, PA
(address) 17043-0109
You may deliver or mail legible cooies of the documents or produce things requested by
this subpoena, tc~jether with the certificate of cc~liance, 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 c~ies or producin~ the things sought:.
If you fail to produce the docunents or things required by this subpoena within twenty
(20) days after i~s service, the party serving this subpoena may seek a court order
cOmPell ir:g yc~J to cc~ly with it.
THIS SUBPC~NA WAg ISSUED AT THE REQUEST C~ THE FOCLOC/ING PERSON:
NAME: ,leffar~nn .T. ghipman: Esquire
ADDREgS:gllll~l~larket St_l~ p n ~n¥
-I~amoimew- ~°A !.7043-0109
TELEPHONE: 717-76!-&540
SUPREME ODURT ~D ~ 51785
A~rORNEY FOR: Defendant
- .~;edl of the ~ourt
BY -fl~ O0~T: '
(c~. 7/97)
. COt~ONWI~LTH OF pENNSYI,~
Mauriee E. LaVoie a~d C~lle H. La¥oie,
Plaintiffs
Li~od D. Nester, II,
Defendant
File No. 03-5462
SUBPOENA TO PR~ DOCUMENTS OR TH I NGS
FOR DtSOOVERY PURSUANT TO RULE 4009.22
TO:
Orthopaedic Sur§eons of Central Pe~sylwania
(Na~e 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,
dia~ostic test results pertaining to Maurice E. LaVoie SSN: 053-36-3973
at Johnson, Duffie, Stewart & Weidner, 301 Market St.~ ?.O.Box 109, Lemoyne,PA
(~ddress) 17043-0109
Yc~ may deliver or mail legible co~ies of the docunents or produce things requested by
this subi~oe~a, together with the certificate of coTlp]iance, to the party making this
request at the address listed above. You have the right to seek in advan, ce the reasonable
cost of preparing the copies or Droducin9 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 subpoelm may seek a court order
compelling you to ccmply with it.
THIS SUBPOENA WAS ISSUED AT THE REQL~ST OF THE FOLLOWING PERSON:
NAME: Jefferson J. Shipman, Esquire
ADORESS:_3_O_i_Market St.l~ P.O.Box 109
T.~mmyn~; P~7943-Ol oq
TELEP~E: 717-761-ARA~
SUPREP~ COURT ID ~ 51785
A~ORNEY FOR: Defendant
DATE:
Se~l of -the'(~ou?t '
BY THE COURT: ,,q
Prothonot.ary/~ter/k/-/~S~vi ] Division
-- - (.- .... Deputy
(Eff- 7/97)
. ~TH OF PENNSYLVAN/A
OOgNTYOF~
Maurice E. LaVoie and C~mille M. LaVoie, :
Plaintiffs
File No.
Linwood D. Nester, II,
03-5462
Defendant
SUBPOENA TO PRODUCE ~NTS OR I%iINGS
FOt~ DISCOVERY PURSUANT TO RULE 4009.22
TO: Susqueb---- Internal Medicine Associates
(Name of Pemson or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the roi]owing documents or things: any and all medical records, reports, correspondence,
dia~ostic test results pertaining to Maurice E. LaVoie SSN: 053-36-3973
(Address) 17043-0109
You rr~y deliver om mail legible copies of the d0c~3r~nts or produce things requested by
this subpoena, together with the certificate of cu,~liance, to the party making this
request at the addrass listed above. Yo~ have the right to seek in advance the reasonable
cost of preparing the copies or producing the things sought.
If you fail to prc~tuce the docLrnents or things required by this subpoen~ within twenty
(20) days after its service, the pa~ty serving this subpoermmay seek a court order
comisellir;g you to c~:~,~ly with it.
THIS SUBPOENA WAS ISSUED AT THE RE(~JEST OF THE FOLLOWING PERSON:
NA~: Jefferson J.Shipman, Esquire
ADORESS:301 Market St. , P.O. Box 109
Lemoyne~ PA_ ]7043-0] 09
TELEPP~NE: 7] 7-761 -4 540
SL~REME COURT ID ~ 51 7~5
A'TTC~NEY FOR: h~f~Ha.t
DATE:
Sea] bf the ~x~ui-% t
BY Tr~ COURT: /"/
Pr'~thor~tary/igt~'k, ~T1 D/vision
Deputy
(Eff- 7/S7)
Johoson, 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
Attomeys for Defendant
MAURICE E. LaVOIE and CAMILLE
LaVOIE, his wife,
Plaintiffs,
LINWOOD D. NESTER, II,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-5462 Civil
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
TO:
Maurice E. LaVioe, Camille M. LaVoie and
Richard A. Sadlock, Esquire
Angino & Rovner, P.C.
4503 North Front Street
Harrisburg, PA 17110
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 lest 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; the twenty day waiting period for
objections was waived;
(4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent.
Date:
Respectfully submitted,
JOHNS~~
Jeffc=~t/son J. Ship
By ~
,man, Esquire
Attorney I.D. No~ 51785
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Defendants
CERTIFICATE OF SERVICr-'
I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all
counsel of records by depositing the same in the United States Mail, first class postage prepaid, at
Lemoyne, Pennsylvania, on the (~Jrh day of J~/~ ~ ,2:004, addressed as follows:
Richard A. Sadlock, Esquire
^ngino & Rovner, P.C.
4503 North Front Street
Harrisburg, PA 17110
Jefferson 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
227662
Johqson, 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
Attorneys tbr Defendant
MAURICE E. LaVOIE and CAMILLE
LaVOIE, his wife,
Plaintiffs,
LINWOOD D. NESTER, II,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-5462 Civil
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
TO:
Maurice E. LaVioe, Camille M. LaVoie and
Richard A. Sadlock, Esquire
Angino & Rovner, P.C.
4503 North Front Street
Harrisburg, PA 17110
PLEASE TAKE NOTICE that Defendants intend to serve one subpoena identical to the one
that is attached to this notice. You have twenty (20) days from the date listed below in which to file of
records and serve upon the undersigned objections to the subpoena. If no objections are made, the
subpoena may be served.
Date:
JOHNS~UFFIE, STEWART & WEIDNER
e rson Shipman, esquire
J_er~rson. J. snip
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 SERVICF
I HEREBY CERTIFY that I served a true and correct ,copy of the foregoing document upon all
counsel of records by depositing the same in the United States Mail, certified postage prepaid, at Lemoyne,
Pennsylvania, on the ~+/~ day of ~'-~ Y'l ~_ ,2004, addressed as follows:
Richard A. Sadlock, Esquire
Angino & Rovner, P.C.
4503 North Front Street
Harrisburg, PA 17110
By: V"
Jefferson J. Shipman, Esquire
Attorney I.D. No. 51785
301 Market Street
P.O. Box 109
Lemoyne, PA 1'7043-0109
Telephone (717). 761-4540
Attorneys for Defendant
227662
COMMONWEALTH OF PENNSYLV^NIA
COUNTY OF CUMBERLAND
Maurice E. LaVoie and Camille M. LaVoig,
Plaintiffs :
Linweod B. Nester, II, '
Defendant :
File No. 03-5462'
SUBPOENA TO PRODUCE DOCUMENTS OR TILINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are erdered by the court to produce the
following documents or things:
any and all medical records, reports, correspondence, diagnostic test
results pertaining to Maurice E. LaVoie SSN: 053-36-3973
agohnson, Duffie, Stewart & Weidner~301 Market St.;P.O.Box 109,Lemoyne,Pt
(Address) 17043-0109
You may deliver or mali legible copies of the docuraents or produce things requested by th~s
subpoena, together with the certificate of compliance, to the party making this request at the address listed
above. You have the hght 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 requited by this subpoena within twenty (20) days
after its service, the party serving this subpoena may seek a court order cempelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Jefferson J. Shipman, Esquire
ADDRBSS:3Ol Market St., P.O.Box 109
~ ....... PA ~v~/.~ 0109
TELEPHONE: 717-761-4540
SUPP. ENCE COURT ~D # 51785
ATTOP, NEY FOR: Defendant
Date:~g/~ ~ ~y
Seal of the Cot~r~
Pro~h ~no~ar~ ~ivil bivisi~n
(.Deputy
ANG1NO & ROVNER, P.C.
Richard A. Sadlock, Esquire
I.D. No. 47281
4503 North Front Street
Harrisburg, PA 17110-1708
(717) 238-6791
FAX (717) 238-5610
E-mail rsadlock~angino-rovner.com
Attorneys for Plaintiffs:
Maurice E. and Camille LaVoie
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COLINTY, PENNSYLVANIA
MAURICE E. LaVOIE and
CAMILLE M. LaVOIE, his wife,
Plaintiffs
LINWOOD D. NESTER, II.,
Defendant
CIVIL ACTION - LAW
NO. 03-5462 Civil
JURY TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY:
Certificate of Settlement.
Please mark the above-captioned action as settled, satisfied, and discontinued and issue a
Ricl~fA.~adlock~uire
~.No. 4it28~,~~
f4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791
Counsel for Plaintiff
Date: August 18, 2004
279429-1