HomeMy WebLinkAbout03-5525William P. Douglas, Esq.
Supreme Court I.D. #37926
Douglas Law Office
27 W. High St.
Carlisle, PA 17013
Telephone (717) 243-1790
Lee E. Vanasdlen and
Sara E. Vanasdlen
319 Dwelling Court
Shippensburg, PA
Plaintiffs
vs
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 03- _) S 01,5 Civil Term
Civil action law
Derrick Johnson Jury Trial Demanded
112 Lefever Rd.
Newville, PA 17241
Defendant
Praecipe to Issue a Writ of Summons
Dear Mr. Long:
Please issue a writ of summons against the defendant, Derrick Johnson.
k' I 1 11 William P. Dougla Esq.
Attorney for Pla' ' fs
date: October 17, 2003
Commonwealth of Pennsylvania
County of Cumberland
Lee E. Vanasdlen and
Sara E. Vanasdlen
319 Dwelling Court
Shippensburg, PA
Plaintiffs
vs
Derrick Johnson
112 Lefever Rd.
Newville, PA 17241
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 03- 7 /ZS Civil Term
Civil action law
Jury Trial Demanded
Defendant
Writ of Summons
To: Derrick Johnson
112 Lefever Rd.
Newville, PA 17241
You are hereby notified that Lee E. Vanasdlen
and Sara E. Vanasdlen have brought an action against
you.
date: October 17, 2003
William P. Douglas, Esq.
Douglas Law Office
27 W. High St.
Carlisle, PA 17013-0261
717-243-1790
Attorney for Plaintiff
U C c'? -- / t 9 4
l Deputy irothonotary
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-05525 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
VANASDLEN LEE E ET AL
VS
JOHNSON DERRICK
JASON VIORAL
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS was served upon
JOHNSON DERRICK
the
DEFENDANT , at 1622:00 HOURS, on the 22nd day of October 2003
at 112 LEFEVER RD
NEWVILLE, PA 17241
by handing to
MICHAEL JOHNSON, FATHER
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 6.90
Affidavit .00
Surcharge 10.00
.00
34.90
Sworn and Subscribed to before
me this nn(o day of
?2 oa3 A.D.
y
honota o ha
PYot
So Answers:
R. Thomas Kline
10/23/2003
DOUGLAS LAW OFFICE
By:
luty Sheriff
Johnson, Duffle, Stewart & Weidner
By: Wade D. Manley
I.D. No. 87244
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
wdm@jdsw.com
Lee E. Vanasdlen and Sara E.
Vanasdlen,
Plaintiffs
v.
Derrick Johnson,
Defendant
Attorneys for
IN THE COURT OF (
PLEAS OF
CUMBERLAND CC
PENNSYLVAD
NO.
CIVIL ACTION -
JURY TRIAL
AND NOW, this lit " day of March, 2005, enter our appearance f Defendant
Derrick Johnson and issue a rule to Plaintiff to file a Complaint within twenty (20) day of the date
of service thereof, or suffer judgment of non pros.
ER
D.
RULE TO FILE COMPLAINT
TO THE PLAINTIFF:
AND NOW, this day of March, 2005, a Rule is hereby issue to you to
file your Complaint in the above-captioned action within twenty (20) days of a date of
service hereof, or suffer judgment of non pros.
PROT ONOTARY
By:
?l
CERTIFICATE OF SERVICE
f
AND NOW, this day of March, 2005, the undersigned does here y certify that
she did this date serve a copy of the PRAECIPE TO ENTER APPEARANCE AND LE TO FILE
COMPLAINT upon the other parties of record by causing same to be deposited n the United
States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as fol ws:
William P. Douglas, Esq.
27 W. High Street
P O Box 261
Carlisle, PA 17013-0261
JOHNSON, DUFFIE, STEWART &
By:
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DOUGLAS LAW OFFICE
27 W. HIGH ST.
POB 261
CARLISLE PA 17013
TELEPHONE 717.243-1790
Sara Vanasdlen and Lee Vanasdlen,
hJh
WILLIAM P. DOUGLAS, ESQ.
Supreme Court LD.# 37926
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Plaintiffs
vs
Derrick Johnson
Defendant
No. 03 - 5525 Civil Term
Civil action law
Jury Trial Demanded
NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE
CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION
WITHIN TWENTY DAYS AFTER THIS COMPLAINT AND NOTICE ARE
SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY
ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED
THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND
A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT
FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR
ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY
LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle PA 17013 717-249-3166 \
BY W
DATE: April 13, 2005
I
Complaint
1. The plaintiffs, Sara Vanasdlen and Lee Vanasdlen, her husband, are adult
individuals residing at 319 Dwelling Court, Shippensburg, Pennsylvania.
2. The defendant, Derrick Johnson, is an adult individual residing at 112
Lefever Rd., Newville, Cumberland County, Pennsylvania.
3. On or about, October 18, 2001, the plaintiffs Lee Vanasdlen and Sara
Vanasdlen were traveling east on Newville Road, North Middleton
Township, Cumberland County, Pennsylvania.
4. At about the same time and place, the defendant was operating his vehicle
in an easterly direction and failed to stop for a line of traffic and
proceeded to collide with the vehicle behind the plaintiffs and pushed that
vehicle into the vehicle occupied by the plaintiffs.
5. The impact occurred as a direct and proximate result of the defendant's
negligence.
6. The defendant was negligent in the following respects:
a) failing to maintain a proper lookout;
b) failing to drive within the assured clear distance ahead;
c) failing to operate his vehicle in a safe and prudent manner;
d) failing to stop his vehicle before he collided with other vehicles.
Count 1 Sara Vanasdlen v Derrick Johnson
The allegations in paragraphs 1 through 6 are incorporated herein and
reference is made thereto.
S. As a direct and proximate result of the negligence of the defendant the
plaintiff, Sara Vanasdlen, was injured. Her injuries, and/or aggravation of
possible pre-existing condition(s), include but are not limited to:
a) injury to her nerves and nervous system;
b) injury to her spine and supporting structures;
C) injury to her legs;
d) various sprains/ strains
9. As a result of her injuries, the plaintiff has incurred medical expenses in
the past and may continue to incur the same in the future in amounts that
may not be covered by the Pennsylvania Motor Vehicle Financial
Responsibility Act.
10. As a result of her injuries, the plaintiff has incurred pain and suffering and
may continue to incur the same in the future.
11. As a result of her injuries, the plaintiff has incurred aggravation,
inconvenience, disability, and a loss of life's pleasures, and may continue
to incur the same in the future.
12. As a result of the injuries the plaintiff sustained on December 6, 2002, the
plaintiff may have lost wages and the plaintiff's economic horizons may
be limited.
13. As a direct and proximate result of the injuries suffered by her husband
the plaintiff, Sara Vanasdlen, hereby claims a loss of consortium as a result
of his injuries, in that, said injuries may have had a detrimental and
substantial impact upon the marriage of the parties.
14. As a direct and proximate result of the negligence of the defendant the
plaintiff suffered property damage and related expenses.
Wherefore it is prayed that judgment be entered in favor of the plaintiff and against the
defendant in an amount in excess of that requiring compulsory referral to arbitration. A
jury trial is hereby demanded.
f
Count 2 Lee Vanasdlen v Derrick Johnson
15. The allegations in paragraphs 1 through 14 are incorporated herein and
reference is made thereto.
16. As a direct and proximate result of the negligence of the defendant the
plaintiff, Lee Vanasdlen, was injured. His injuries, and/or aggravation of
his pre-existing condition(s), include but are not limited to:
a) injury to his nerves and nervous system;
b) injury to his spine and supporting structures;
17. As a result of his injuries, the plaintiff has incurred medical expenses in
the past and may continue to incur the same in the future in amounts that
may not be covered by the Pennsylvania Motor Vehicle Financial
Responsibility Act.
18. As a result of his injuries, the plaintiff has incurred pain and suffering and
may continue to incur the same in the future.
19. As a result of his injuries, the plaintiff has incurred aggravation,
inconvenience, disability, and a loss of life's pleasures, and may continue
to incur the same in the future.
20. As a result of the injuries the plaintiff sustained, the plaintiff may have
lost wages and the plaintiffs economic horizons may be limited.
21. As a direct and proximate result of the injuries suffered by his wife the
plaintiff, Lee Vanasdlen, hereby claims a loss of consortium as a result of
her injuries, in that, said injuries may have had a detrimental and
substantial impact upon the marriage of the parties.
Wherefore it is prayed that judgment be entered in favor of the plaintiffs and against the
defendant in an amount in excess of that requiring compulsory referral to arbitration. A
jury trial is hereby demanded.
April 13, 2005
Respectfully s
Q(
William P. Douglas, Esq.
Attorney for Plaintiffs
1
AFFIDAVIT
I hereby swear or affirm that the foregoing is true and correct to the best of my
knowledge and/or information and belief.
This is made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn
falsification to authorities.
Date: April 13, 2005
William P. Douglas
Attorney for Plaintiffs
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Johnson, Duffle, Stewart & Weidner
By: Wade D. Manley
I.D. No. 87244
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 7$1-4540
E. VANASDLEN and SARA E.
Plaintiffs
TO: I
V.
ICK JOHNSON,
Defendant
Plaintiffs and their counsel:
NOTICE TO PLEAD
Attorneys for Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-5525 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
YOU ARE HEREBY notified to plead to the within New Matter of Defendant within twenty (20) days.
JOHNSON, DUFFIE, STEWART & WEIDNER
A'?'L n
DAT
i
Wade D.
Johnson, Duffle, Stewart & Weidner
By: Wade D. Manley
I.D. No. 87244
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
LEE E. VANASDLEN and SARA E.
VANASDLEN,
Plaintiffs
V.
ICK JOHNSON,
Defendant
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
DEFENDANTS' ANSWER TO NEW MATTER
TO THE PLAINTIFFS' COMPLAINT
AND NOW, comes the Defendant, Derrick Johnson, by and through his counsel,
Johnson, Duffle, Stewart & Weidner, and files the following Answer and New Matter:
1. Denied. After a reasonable investigation, the Answering Defendant is without
knowledge or information sufficient to form a belief as to the truth of said averments and the
are therefore denied with strict proof demanded at the trial.
2. Admitted in part, Denied in part. It is admitted that the Defendant is an adult
ual. It is denied the Defendant's address is stated correctly. By way of further answer,
Defendant's current address is 281 Carlisle Road, Newville, Cumberland County,
3. Admitted.
Attorneys for Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-5525 CIVIL TERM
4. Admitted.
5. Denied. The averments contained in paragraph 5 are conclusions of law and
to which no response is required. If a response is deemed to be required, the averments
ained therein are specifically denied.
6. Denied. The averments contained in paragraph 6 are conclusions of law and
to which no response is required. If a response is deemed to be required, the averments
therein are specifically denied.
COUNTI
SARA VANASDLEN v. DERRICK JOHNSON
7. Answering Defendant incorporates herein by reference his answers to
1 through 6 above as though fully set forth herein at length.
8. Denied. The averments contained in paragraph 8 contain conclusions of law
fact to which no response is required. If a response is deemed to be required, the
contained therein are specifically denied. Additionally, after a reasonable
the Answering Defendant is without knowledge or information sufficient to form a
ief as to the truth of said averments and the averments are therefore denied with strict proof
at the trial.
9. Denied. After a reasonable investigation, the Answering Defendant is without
or information sufficient to form a belief as to the truth of said averments and the
are therefore denied with strict proof demanded at the trial.
10. Denied. After a reasonable investigation, the Answering Defendant is without
or information sufficient to form a belief as to the truth of said averments and the
are therefore denied with strict proof demanded at the trial.
11. Denied. After a reasonable investigation, the Answering Defendant is without
or information sufficient to form a belief as to the truth of said averments and the
are therefore denied with strict proof demanded at the trial.
12. Denied. After a reasonable investigation, the Answering Defendant is without
knowledge or information sufficient to form a belief as to the truth of said averments and the
averments are therefore denied with strict proof demanded at the trial.
13. Denied. After a reasonable investigation, the Answering Defendant is without
or information sufficient to form a belief as to the truth of said averments and the
are therefore denied with strict proof demanded at the trial.
14. Denied. The averments contained in paragraph 14 contain conclusions of law
fact to which no response is required. If a response is deemed to be required, the
contained therein are specifically denied. Additionally, after a reasonable
the Answering Defendant is without knowledge or information sufficient to form a
as to the truth of said averments and the averments are therefore denied with strict proof
at the trial.
WHEREFORE, the Defendant, Derrick Johnson, respectfully requests that judgment be
in his favor and that Plaintiffs' Complaint be dismissed with prejudice.
COUNT II
LEE VANASDLEN v. DERRICK JOHNSON
15. Answering Defendant incorporates herein by reference his answers to
aragraphs 1 through 14 above as though fully set forth herein at length.
16. Denied. The averments contained in paragraph 16 contain conclusions of law
fact to which no response is required. If a response is deemed to be required, the
contained therein are specifically denied. Additionally, after a reasonable
the Answering Defendant is without knowledge or information sufficient to form a
as to the truth of said averments and the averments are therefore denied with strict proof
at the trial.
17. Denied. After a reasonable investigation, the Answering Defendant is without
knowledge or information sufficient to form a belief as to the truth of said averments and the
averments are therefore denied with strict proof demanded at the trial.
18. Denied. After a reasonable investigation, the Answering Defendant is without
Knowledge or information sufficient to form a belief as to the truth of said averments and the
verments are therefore denied with strict proof demanded at the trial.
19. Denied. After a reasonable investigation, the Answering Defendant is without
nowledge or information sufficient to form a belief as to the truth of said averments and the
verments are therefore denied with strict proof demanded at the trial.
20. Denied. After a reasonable investigation, the Answering Defendant is without
nowledge or information sufficient to form a belief as to the truth of said averments and the
verments are therefore denied with strict proof demanded at the trial.
21. Denied. After a reasonable investigation, the Answering Defendant is without
inowledge or information sufficient to form a belief as to the truth of said averments and the
erments are therefore denied with strict proof demanded at the trial.
WHEREFORE, the Defendant, Derrick Johnson, respectfully requests that judgment be
i in his favor and that Plaintiffs' Complaint be dismissed with prejudice.
NEW MATTER
22. Plaintiffs' cause of action may be barred by the applicable Statute of Limitations.
23. The Plaintiffs' injuries and damages are not caused by any acts, omissions,
breaches of duty by Defendant.
24. Plaintiffs' Complaint fails to state a claim upon which relief may be granted.
25. Any damages that the Plaintiffs may be entitled to recover in this action are
to those damages which are recoverable under the provisions of the Pennsylvania Motor
Financial Responsibility Law, 75 Pa. C.S.A. §1701, et seq.
27. The Plaintiffs' claims and/or alleged losses may be barred and/or limited by the
limited Tort Option pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law.
27. If it should be found that there was any negligence on the part of the Defendant,
?errick Johnson, which negligence is specifically denied, any such negligence was not a
?roximate cause of the Plaintiffs' harm.
28. The Plaintiffs may have failed to mitigate their damages.
29. Any negligence on the part of the Defendant, which negligence is expressly
enied, was not a substantial factor, nor a factual cause of any harm sustained by the Plaintiffs.
30. This accident may have been avoidable.
31. This accident may have been caused by a sudden emergency.
32. If the Plaintiffs suffered the injuries alleged in the Complaint, those injuries were
used in whole or in part by the negligence of the Plaintiffs and recovery in this action may be
arred or diminished in accordance with the Pennsylvania Comparative Negligence Act.
33. Plaintiffs may have assumed the risk of any injuries they allegedly sustained.
WHEREFORE, the Defendant, Derrick Johnson, respectfully requests that judgment be
e tered in his favor and that Plaintiffs' Complaint be dismissed with prejudice.
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
." /v,& 1
Wade D. Manfey,/Esq ire
I.D. No: 87244
301 Market Stre t
P.O. Box 109
Lemoyne, Pa 17043-0109
e-mail: wdm@jdsw.com
Attorneys for Defendant
862
VERIFICATION
The undersigned confirms that the facts set forth in the foregoing Answer and New Matter are true
and correct. This verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn
to authorities.
By: / r[rlr L,
Derrick Johrison
.5-a-05
CERTIFICATE OF SERVICE
HEREBY CERTIFY that I have served a certified copy of the forgoing document was duly served on
the ?orel for Plaintiffs, by depositing same in the United States Mail at Lemoyne, Pennsylvania on
?G N _ •_ 2005:
William P. Douglas, Esquire
27 West High Street
P.O. Box 261
Carlisle, PA 17013
Attorney for Plaintiffs
JOHNSON, DUFFIE, STEWART & WEIDNER
By: 4
Ca n Jensen
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DOUGLAS LAW OFFICE
27 W. HIGH ST.
POB 261
CARLISLE PA 17013
TELEPHONE 717-243-1790
Sara Vanasdlen and Lee Vanasdlen,
h/h
Plaintiffs
vs
Derrick Johnson
Defendant
WILLIAM P. DOUGLAS, ESQ.
Supreme Court LD.# 37926
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 03 - 5525 Civil Term
Civil action law
Jury Trial Demanded
Reply to New Matter
22. through 33. Denied. Said allegations are denied as legal conclusions
to which no response is necessary and further denied pursuant to
Pa.R.C.P. 1029(e).
Wherefore it is prayed that the answer and new matter of the defendant be dismissed and
judgment entered in favor of the plaintiffs.
Respectfully submitted,0
William P. Douglas, Esq.
May 6, 2005 Attorney for Plaintiffs
AFFIDAVIT
I hereby swear or affirm that the foregoing is true and correct to the best of my
knowledge and/or information and belief. This is made subject to the penalties of 18
Pa.C.S.A. §4904 relating to unworn falsification to authorities.
William P. Douglas
Attorney for Plaintiffs
Date: May 6, 2005
Cl
Johnson, Duffle, Stewart & Weidner
By: Wade D. Manley
I.D. No. 87244
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
wdm@jdsw.com
LEE E. VANASDLEN and SARA E.
VANASDLEN,
PLAINTIFFS
V.
DERRICK JOHNSON,
DEFENDANT
UPON PLAINTIFF
Attorneys for Defendant
IN THE COURT OF COMMON
PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 03-5525
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AND NOW, this Zpa day of September, 2005, comes the Defendant, Derrick
Johnson, by and through his undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and
moves for an Order compelling Plaintiff to comply with the requirements of outstanding
discovery as follows:
1. The Defendant, Derrick Johnson, the moving party herein, is represented in this
matter by Wade D. Manley of Johnson, Duffie, Stewart & Weidner, 301 Market Street, Lemoyne,
Pennsylvania, 17043; telephone number (717) 761-4540, and facsimile number (717) 761-3015.
2. The Plaintiffs, the responding parties herein are Lee and Sara Vanasdlen,
husband and wife, who are represented in this matter by William P. Douglas, Esquire, The
Douglas Law Firm, 27 West High Street, P. O. Box 261, Carlisle, PA 17013; telephone number
(717) 243-1790, and facsimile number (717) 243-8955.
3. This case involves a claim for personal injuries to the Plaintiffs resulting from a
motor vehicle accident which occurred on or about October 18, 2001.
4. On May 25, 2005, the Defendant served the Plaintiffs with the following
discovery:
a) Interrogatories to the Plaintiffs, a copy of which is attached hereto as Exhibit A;
b) A Request for Production of Documents to the Plaintiffs, a copy of which is
attached hereto as Exhibit B.
5. On August 11, 2005, the undersigned sent to the Plaintiffs' attorney a letter, a
copy of which is attached hereto as Exhibit C, relating to the Plaintiffs' failure to answer the
above-enumerated discovery items and advising Plaintiffs' counsel that should he not produce
the answers and responses, the instant motion would be presented.
6. As of the date of the filing of this Motion, no answers or objections have been
received from Plaintiffs' counsel to the above-enumerated discovery items.
7. By reason of the foregoing, the Plaintiffs have failed to timely respond to the
Defendant's discovery, which is the subject of this Motion.
8. The Defendant requires the Plaintiffs' compliance with discovery to evaluate the
Plaintiffs' claims involved in this matter and to defend against the Plaintiffs' action.
WHEREFORE, the Defendant respectfully requests that an Order be entered compelling
the Plaintiffs to answer and respond to the discovery propounded by the Defendant which is the
subject of this Motion.
JOHNS IIN,A DUFFFFIE, STEWART & WEIDNER
By. *1 P.
csj:259178
22740-1883
Johnson, Duffle, Stewart & Weidner
By: Wade D. Manley, Esquire
I.D. No. 87244
301 Market Street
P.O. Box 109
Lemoyne, Pennsylvania 17043-0109
717-761-4540
wdm@jdsw.com
LEE E. VANASDLEN and SARA E.
VANASDLEN,
Plaintiffs
V.
DERRICK JOHNSON,
Defendant
Attorneys for Defendant
NO. 03-5525 CIVIL TERM
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -- LAW
JURY TRIAL DEMANDED
INTERROGATORIES OF DEFENDANT FOR ANSWER BY PLAINTIFF
To: Lee E. Vanasdlen and Sara E. Vanasdlen
c/o William P. Douglas, Esquire
Douglas Law Firm
27 West High Street
P.O. Box 261
Carlisle, PA 17013
PLEASE TAKE NOTICE that you are hereby required, pursuant to Pennsylvania
Rules of Civil Procedure No. 4001, et sea., to serve upon the undersigned, within thirty
(30) days after service of this Notice, your Answers in writing under oath to the following
Interrogatories.
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
Wade D. Manley, Esquire
Attorney I.D. No. 87244
301 Market Street
P.O. Box 1109
Lemoyne, F'A 17043-0109
Telephone (717) 7614540
Attorneys for Defendant
2
DEFINITIONS
"Document" means any written, printed, typed, or other graphic matter of any
kind or nature, however produced or reproduced, including photographs, microfilms,
phonographs, video and audio tapes, punch cards, magnetic tapes, discs, data cells,
drums, and other data compilations from which information can be obtained.
"Identify" or "Identity" means when used in reference to:
(1) A natural person, his or her:
(a) full name; and
(b) present or last known residence and employment address
(including street name and number, city or town, and state or county);
(2) A document:
(a) its description (e.g., letter, memorandum, report, etc), title, and
date;
(b) its subject Matter;
(c) its author's Identity;
(d) its addressee's identity;
(e) its present location; and
(f) its custodian's identity;
(3) An oral communication:
(a) its date;
(b) the place where it occurred;
(c) its substance;
(d) the identity of the person who made the communication;
3
(e) the identity of each person to whom such communication was
made; and
(f) the identity of each person who was present when such
communication was made;
(4) A corporate entity:
(a) its full corporate name;
(b) its date and place of incorporation, if known; and
(c) its present address and telephone number;
(5) any other context: a description with sufficient particularity that the thing
may thereafter be specified and recognized, including relevant dates and places, and
the identification of relevant people, entities, and documents.
'Incident' means the occurrence that forms the basis of a cause of action or
claim for relief set forth in the complaint or similar pleading.
"Person" means a natural person, partnership, association, corporation, or
government agency.
INSTRUCTIONS
The following instructions are applicable to these standard interrogatories:
(1) Duty to answer. - The interrogatories are to be answered in writing,
verified, and served upon the undersigned within 30 days of their service on you.
Objections must be signed by the attorney making them. In your answers, you must
furnish such information as is available to you, your employees, representatives,
4
agents, and attorneys. Your answers must be supplemented and amended as required
by the Pennsylvania Rules of Civil Procedure.
(2) Claim of Privilege. - With respect to any claim of privilege or immunity
from discovery, you must identify the privilege or immunity asserted and provide
sufficient information to substantiate the claim.
(3) Option to produce documents. - In lieu of identifying documents in
response to these interrogatories, you may provide copies of such documents with
appropriate references to the corresponding interrogatories.
5
1. Personal information. - State:
a. Your full name;
b. Each other name, if any, which you have used or by which you have been
known;
C. The name of your spouse at the time of the accident and the date and
place of your marriage to such spouse;
d. The address of your present residence and the address of each other
residence which you have had during the past five years;
e. Your present occupation and the name and address of your employer;
f. Date of your birth;
g. Your Social Security number;
h. Your military service and positions held, if any; and
i. The schools you have attended and the degrees or certificates awarded, if
any.
Answer:
6
2. INSURANCE. - If you are covered by any type of insurance, including any
excess or umbrella insurance, that might be applicable to the incident in this matter,
state the following with respect to each such policy:
a. The name of the insurance carrier which issued the policy;
b. The named insured under each policy and the policy number of each
policy;
C. The type(s) and effective date(s) of each policy;
d. The amount of coverage provided for injury to each person, for each
occurrence, and in the aggregate for each policy; and
e. Each exclusion, if any, in the policy which is applicable to any "claim
thereunder and any reasons, if any, why you or the carrier claim the exclusion is
applicable.
Answer:
7
Expenses. - List and describe all expenses and losses that you have incurred
because of the incident.
Answer:
4. Factual Basis for Claims and Defenses. - State with particularity the factual
basis for each claim or defense you are asserting in this case:.
Answer:
5. Witnesses. -
a. Identify each person who
i. Was a witness to the incident through sight or hearing and/or
ii. Has knowledge of facts concerning the happening of the incident or
conditions or circumstances at the scene of the incident prior to, at the time of, or after
the incident.
b. With respect to each person so identified, state that person's exact
location and activity at the time of the incident.
Answer:
10
6. Statements. - If you know of anyone that has given any statement (as defined
by the Rules of Civil Procedure) concerning this action or its subject matter, state:
a. The identity of such person;
b. When, where, by whom, and to whom each statement was made, and
whether it was reduced to writing or otherwise recorded; and
c. The identity of any person who has custody of any such statement that
was reduced to writing or otherwise recorded.
Answer:
11
7. Reports of Incident. - Identify documents (except reports of experts subject to
Pa. R.C.P. No. 4003.5) which describe the incident or the cause thereof.
Answer:
12
8. Licensure. - If you were required by law or regulation to be licensed for the
activity in which you were engaged at the time of the incident, state:
a. The type of license required;
b. The date you first obtained such a license;
C. The dates of issuance and expiration of your current license(s);
d. The identity of the authority that issued your license(s);
e. The number of your license(s);
f. The nature and duration of any revocation or suspension of your
license(s);
g. The special restrictions, if any, imposed on your license.
Answer:
13
9. Criminal Chases Related to Incident. - If you have been charged with any
criminal violations as a result of the incident, describe the charges and identify all
documents filed or served in connection with those charges.
Answer:
14
10. Demonstrative Evidence. - If you know of the existence of any photographs,
motion pictures, video recordings, maps, diagrams, or models relevant to the incident,
state:
a. The nature or type of such item;
b. The date when such item was made;
C. The identity of the person that prepared or made each item; and
d. The subject that each item represents or portrays.
Answer:
15
11. Trial Preparation Material. - If you, or someone not an expert subject to Pa.
R.C.P. No. 4003.5, conducted any investigations of the incident, identify:
a. Each person, and the employer of each person, who conducted any
investigation(s); and
b. All notes, reports or other documents prepared during or as a result of the
investigation(s) and the persons who have custody thereof.
Answer:
16
12. Trial Witnesses. - Identify each person you intend to call as a non-expert
witness at the trial of this case, and for each person identified state your relationship
with the witness and the substance of the facts to which the witness is expected to
testify.
Answer:
17
13. Expert Witnesses. - Identify each expert you intend to call as a witness at the
trial of this matter, and for each expert state:
a. The subject matter about which the expert is expected to testify; and
b. The substance of the facts and opinions to which the expert is expected to
testify and a summary of the grounds for each opinion. (You may file as your answer to
this interrogatory the report of the expert or have the interrogatory answered by your
expert.)
Answer:
18
14. Trial Exhibits. - Identify all exhibits that you intend to use at the trial of this
matter and state whether they will be used during the liability or damages portions of the
trial.
Answer:
19
15. Books, Magazines, Etc. - If you intend to use any book, magazine, or other
such writing at trial, state:
a. The name of the writing;
b. The author of the writing;
C. The publisher of the writing;
d. The date of publication of the writing; and
e. The identity of the custodian of the writing.
Answer:
20
16. Admissions. - If you intend to use any admission(s) of a party at trial, identify
such admission(s).
Answer:
21
2. PERSONAL INJURY.
17. Injuries and Diseases Alleged. - Identify all injuries or diseases that you allege
you suffered as a result of the incident.
Answer:
22
18. Prior or Subsequent lniuries or Diseases. - If, either prior to or subsequent to
the incident, you suffered any injury or disease in those portions of the body claimed by
you to have been affected by the incident, state:
a. The injury or disease you suffered;
b. The date and place of any accident, if such injury or disease was caused
by an accident;
C. The identity of hospitals, doctors, or practitioners who rendered treatment
or examination because of such injury or disease; and
d. The identity of anyone against whom a claim was made, and the tribunal
and docket number of any claim or lawsuit that was filed in connection with such injury
or disease.
Answer:
23
19. Medical Treatment. - If you received medical treatment or examination
(including X-rays) because of injury or disease you suffered as a result of the incident,
state:
a. The identity of each hospital at which you were treated or examined;
b. The date on which each such treatment or examination at a hospital was
rendered, and the charge by the hospital for each;
C. The identity of each doctor or practitioner by whom you were treated or
examined;
d. The date on which each such treatment or examination by a doctor or
practitioner was rendered, and the charge for each; and
e. The identity of any document(s) (except reports of experts subject to Pa.
R.C.P. 4003.5) regarding any medical treatment or examination, setting forth the author
and date of such document(s).
Answer:
24
20. Eamincts before the Incident. - For the period of three years immediately
preceding the date of the incident, state:
a. The name and address of each of your employers or, if you were self-
employed during any portion of that period, each of your business addresses and the
name of the business while self-employed;
b. The dates of commencement and termination of each of your periods of
employment or self-employment;
C. The nature of your occupation in each employment or self-employment;
and
d. The wage, salary, or rate of earnings received by you in each employment
or self-employment, and the amount of income from employment and self-employment
for each year.
Answer:
25
21. Eamin4s after the Incident. - If you have engaged in one or more gainful
occupations subsequent to the date of the incident, state:
a. The name and address of each of your employers or, if you were self-
employed at anytime subsequent to the incident, each of your business addresses and
the name of the business while self-employed;
b. The dates of commencement and termination of each of your periods of
employment or self-employment;
C. The nature of your occupation in each employment or self-employment;
d. The wage, salary, or rate of earnings received by you in each employment
or self-employment, and the amount of income from employment and self-employment
for each year; and
e. The date(s) of any absence(s) from your occupation resulting from any
injury or disease suffered in this incident and the amount of any earnings or other
benefits lost by you because of such absence(s).
Answer:
26
22. Limitation of Duties and Activities after the Incident. - If, as a result of this
incident, you have been unable to perform any of your customary occupational duties or
social or other activities in the same manner as prior to the incident, state with
particularity:
a. The duties and/or activities you have been unable to perform;
b. The periods of time you have been unable to perform; and
c. The identity of all persons having knowledge thereof.
Answer:
27
23. Substance Impairment. - If you consumed any alcoholic beverage, sedative,
tranquilizer, marijuana, cocaine, hashish, or other drug, medicine or pill during the eight
hours immediately preceding the incident, state:
a. The nature, amount, and type of item consumed;
b. The amount of time over which consumed;
C. The identity of any an all persons who have any knowledge as to the
consumption of those items; and
d. The identity of the physician or medical practitioner or other person who
gave, purchased or prescribed any of said items, if any.
Answer:
28
24. Physical or Mental Disability. - If you were under any physical or mental
disability at the time of the incident, explain the disability.
Answer:
29
3. MOTOR VEHICLE ACCIDENTS
25. Motor Vehicle Information. - With respect to all motor vehicles involved in the
incident, state:
a. The identities of the owner(s) and operator(s) of each vehicle;
b. The identity of the passenger(s) in each vehicle, if any; and
c. The make, model, and year of each vehicle.
Answer:
30
26. Motor Vehicle Damage. - With respect to any vehicle you owned that was
involved in the incident, state:
a. The nature of any damage existing prior to the incident;
b. The identity of any person who performed repairs to the vehicle following
the incident;
C. The total amount of the repair bill(s), or if not yet repaired, the total
estimated cost of repairing the vehicle or the estimated value of the damages to the
vehicle (include the identity of the person furnishing any such estimate);
d. The date and place of last state inspection prior to the incident and identify
the person making said inspection; and
e. The nature of any defect in or problem with the vehicle and the length of
time such defect or problem existed.
Answer:
31
27. Motor Vehicle Operation. - With respect to the vehicle you operated or in which
you were a passenger, state:
a. The destination and the point and time of departure of the vehicle;
b. The purpose of the trip or journey in the vehicle;
C. The time and place of all stops and departures between the
commencement of the trip or journey and the time of the incident;
d. Whether the operator of the vehicle was familiar with the surrounding area
of the incident; and
e. The weather conditions at the time of the incident, including visibility and
roadway conditions.
Answer:
32
28. Motor Vehicle Accident Causation. - State in detail the manner in which you
assert that the incident occurred, specifying the speed, position, direction and location
of each vehicle involved during its approach to, at the time of, and immediately after the
collision.
Answer:
JOHNSON, DUFFIE:, STEWART & WEIDNER
By:
Wade D. Manley, Esquire
Attorney I.D. No. 87244
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Defendant
33
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document has been duly served upon
the following counsel of record, by depositing the same in the United States Mail,
postage prepaid, in Lemoyne, Pennsylvania, on the day of
. 2005:
William P. Douglas, Esquire
Douglas Law Firm
27 West High Street
P.O. Box 261
Carlisle, PA 17013
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
Wade D. Manley, Esquire
Attorney I.D. No. 87244
301 Market Street
Lemoyne, 13A 17043-0109
Telephone (717) 761-4540
Attorneys for Defendant
34
Johnson, Duffle, Stewart & Weidner
By: Wade D. Manley, Esquire
I.D. No. 87244
301 Market Street
P.O. Box 109
Lemoyne, Pennsylvania 17043-0109
717-761-4540
wdm@jdsw.com
LEE E. VANASDLEN and SARA E
VANASDLEN,
Plaintiffs
V.
DERRICK JOHNSON,
Defendant
Attorneys for Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-5525 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO THE PLAINTIFF
TO: Lee E. Vanasdlen and Sara E. Vanasdlen
c/o William P. Douglas, Esquire
Douglas Law Firm
27 West High Street
P.O. Box 261
Carlisle, PA 17013
Pursuant to Pennsylvania Rules of Civil Procedure No. 4009, please submit for inspection and
copying to the law offices of Johnson, Duffie, Stewart & VVeidner, 301 Market Street, Lemoyne,
Pennsylvania, within thirty (30) days from the date hereof, the following:
1. Any of the documents or instrumentalities involved in the incident, or photographs of the
same if the instrumentality cannot be made available for inspection by reason of bulk or unavailability.
2. All photographs obtained during the course of your investigation of the matters relating to this
lawsuit.
3. Copies of all statements obtained from any witnesses or memoranda of conversations with
witnesses or recordings of witnesses' statements made or obtained during the course of the investigation or
matters relating to this litigation.
4. Copies of all doctors' reports, dental records, employment records or other information
relevant to this lawsuit which you have in your custody or possession and which would have a bearing on
the claims asserted in this litigation.
5. Any plans, drawings, brochures, pamphlets or other matter or materials relevant to the
subject matter of this litigation.
6. Copies of all the reports of all experts who will be called to testify at trial.
7. Copies of Curriculum Vitae of experts who will be called at trial.
8. Copies of all exhibits you intend to introduce at trial.
9. Any photographs or videotapes taken of the site of the alleged incident.
10. Copies of all documents identified in your responses to Interrogatories from all parties in this
litigation.
11. Copies of all reports of any and all investigations into the subject matter of this litigation.
12. A copy of the declaration page from your insurance policy which provides coverage for the
incident which is the subject matter of this litigation.
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
Wade D. Manley, Esquire
Attorney I.D. No. 87244
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 a copy of the foregoing document has been duly served upon the
following counsel of record, by depositing the same in the United States Mail, postage prepaid, in
Lemoyne, Pennsylvania, on the day of , 2005:
William P. Douglas, Esquire
Douglas Law Firm
27 West High Street
P.O. Box 261
Carlisle, PA 17013
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
Wade D. Manley, Esquire
Attorney I.D. No. 87244
301 Market Street
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Defendant
JERRY R. DUFFIL
RICHARD W.STFWART
C. ROY WEIDNER. JR
EDMUND C.MYERS
DAVID W. DELUCE
JOAN A.STATLER
JEFFERSON J. SHIPMAN
RALPH H. WRIGHT IR.
MARK C. DUFFIF,
JOHN 11. NINOSKY
MICHAEL J. CASSIDY
MELISSA PEEL GREEVY
ROBERT M. WALKER
WADE D. MANLEY
William P. Douglas, Esquire
Douglas Law Firm
27 West High Street
P.O. Box 261
Carlisle, PA 17013
Re: Vanasdlen v. Johnson
Cumberland County C.C.P.
Docket No. 03-5525
Dear Mr. Douglas:
OF COUNSEL
HOKACF,A,JOHNSON
i1 LEL SHIPNIAiv
BRUCE I. GROsw ,N°
'admitted in N? oilk
Wi I r d 12'>
E-NI'V1,t Utii?-d. uim
111MV
On May 25, 2005, you were served with a request for production of documents and
interrogatories, responses to which were to be received in my office within 30 days of the date of
service. As of this date, I have not received answers to the interrogatories or to the request for
production of documents.
Please be advised that if I do not receive answers to the interrogatories and the documents
requested in the request for production within 15 days of the date of this letter, I will file a motion to
compel.
If you have any difficulties, please do not hesitate to give me a call. I am willing to grant a
reasonable (but defined) extension, but I have received no request from you to date. If I am
unavailable, please feel free to speak with my legal assistant, Carleen Jensen.
Very truly yours,
csj:256564
22740-1883
cc: Lori Renaldi-Wagar (Claim No. 020270580051)
L A W O F F I C E S
JOHNSON
DUFFIE
August 11, 2005
JOHNSON, DUFFIE, STEWART & WEIDNER
kA r2
Wade D. Ma ey/
CERTIFICATE OF SERVICE
AND NOW, this V day of September, 2005, the undersigned does hereby certify
that she did this date serve a copy of the foregoing document upon the other parties of record by
causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne,
Pennsylvania, addressed as follows:
William P. Douglas, Esq.
27 W. High Street
P O Box 261
Carlisle, PA 17013-0261
JOHNSON, DUFFIE:, STEWART & WEIDNER
By:
arle . Jensen
PA
CJ `i(.I
Y.
-m)
r Y?
C;
LEE E. VANASDLEN and IN THE COURT OF COMMON PLEAS OF
SARAH E. VANASDLEN, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
NO. 03-5525 CIVIL TERM
V. CIVIL ACTION- LAW
JURY TRIAL DEMANDED
DERRICK JOHNSON,
Defendant
ORDER OF COURT
AND NOW, October 4, 2005, upon consideration of
Defendant's Motion to Compel Answers and Interrogatories and Requests
for Production of Documents, a Rule is issued upon Plaintiffs to show
cause why the relief requested should not be granted.
Rule returnable within twenty (20) days of service.
By the Court,
V(-
Xil?liam P. Douglas, Esquire
Douglas Law Firm
27 West High Street
PO Box 261
Carlisle, PA 17013
For the Plaintiffs
ade D. Manley, Esquire
/Johnson Duffie
301 Market Street
PO Box 109
Lemoyne, PA 17043-0109
For the Defendant
J
Jr., J.
)y
0' U t
1
3 :6 ??Ill! li - 1,30 MZ
Johnson, Duffle, Stewart & Weidner
By: Wade D. Manley
I.D. No. 87244
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
wdm@jdsw.com
Lee E. Vanasdlen and Sara E. Vanasdlen,
Plaintiffs
V.
Derrick Johnson,
Defendant
Attorneys for Defendant
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 03-5525
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE PREREQUISITE TO SERVICE
OF SUBPOENAS PURSUANT TO RULE 4009.22
As a prerequisite to service of subpoenas for documents and things pursuant to Rule
4009.22, Defendant hereby certifies that:
1) A Notice of Intent to serve the subpoenas, with a copy of the subpoenas attached
thereto, was mailed or delivered to each party at least 20 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, are attached to
this certificate;
3) No objection to the subpoenas has been received; and
4) The subpoenas to be served are identical to the subpoenas attached to the
Notice of Intent.
JOHNSON, DUFFIE, STEWART & WEIDNER
By: 4M n' 1r
Wade D. M nl , Esquire
:270711
22740-1883
Johnson, Duff is, Stewart & Weidner
By: Wade D. Manley
I.D. No. 87244
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
wdm@jdsw.com
Lee E. Vanasdlen and Sara E. Vanasdlen
Plaintiffs
V.
Derrick Johnson,
Defendant
Attorneys for Defendant
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 03-5525
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE SUBPOENAS TO
PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.21
TO: Sara E. Vanasdlen
c/o William P. Douglas, Esquire
Douglas Law Firm
27 West High Street
P.O. Box 261
Carlisle, PA 17013
PLEASE TAKE NOTICE that Defendants intend to serve subpoenas identical to the
ones attached to this notice. You have 20 days from the date listed below in which to file on
record and serve upon the undersigned an objection to the subpoenas. If no objection is made,
the subpoenas may be served.
JOHNSON, DUFFIE, STEWART & WEIDNER
By: k 7
Wade D. M nle , quire
:270711
22740-1883
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
LEE E. VANASDLEN and SARA E.
VANASDLEN,
Plaintiffs
vs.
DERRICK JOHNSON,
File No. 03-5525
Defendant
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
T0: Appalachian Orthopedic Center 1 Dunwoody Drive 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:
Copies of all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray
reports, MRI reports, hospital records, test reports and any other records pertaining to any evaluation, care or
treatment rendered to Sara E. Vanasdlen; D.O.B.: 12/01/1928; Social Security No.: 162-22-2700.
at Wade D Manley Esquire Johnson Duffle Stewart & Weidner, 301 Market Street Lemoyne PA 17043
(Address)
You may deliver or mail legible copies of the documents or produce things requesting 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 ad
vane, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the
party serving this subpoena may seek a court order compelling you to comply with it.
THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON.
NAME: Wade D Manley Esquire, Johnson Duffle Stewart & Weidner, P.C.
ADDRESS: 301 Market Street
TELEPHONE: (717) 761-4540
SUPREME COURT ID # 87244
ATTORNEY FOR: Defendant By the Court:
DATE:
Seal of the Court Prothonotary
Deputy
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
LEE E. VANASDLEN and SARA E.,
VANASDLEN,
Plaintiffs
vs.
DERRICK JOHNSON,
File No. 03-5525
Defendant
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Carlisle Regional Medical Center 5 Sprint Drive 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:
Copies of all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray
reports, MRI reports, hospital records, test reports and any other records pertaining to any evaluation, care or
treatment rendered to Sara E. Vanasdlen; D.O.B.: 12/01/1928; Social Security No.: 162-22-2700.
at Wade D Manley Esquire Johnson Duffie Stewart & Weidner, 301 Market Street Lemoyne PA 17043
(Address)
You may deliver or mail legible copies of the documents or produce things requesting 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 ad
vane, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the
party serving this subpoena may seek a court order compelling you to comply with it.
THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Wade D Manley Esquire Johnson Duffie Stewart & Weidner P.C.
ADDRESS: 301 Market Street
Lemovne PA 17043
TELEPHONE: (717) 761-4540
SUPREME COURT ID #
ATTORNEY FOR: Defendant By the Court:
DATE:
Seal of the Court Prothonotary
Deputy
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
LEE E. VANASDLEN and SARA E.,
VANASDLEN,
Plaintiffs
vs.
DERRICK JOHNSON,
Defendant
File No. 03-5525
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Shen M Becker M.D., 91 South High Street Newville PA 17241
(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:
Copies of all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray
reports, MRI reports, hospital records, test reports and any other records pertaining to any evaluation, care or
treatment rendered to Sara E. Vanasdlen; D.O.B.: 12/01/1928; Social Security No.: 162-22-2700.
at Wade D Manley Esquire Johnson Duffle Stewart & Weidner, 301 Market Street Lemoyne PA 17043
(Address)
You may deliver or mail legible copies of the documents or produce things requesting 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 ad
vane, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the
party serving this subpoena may seek a court order compelling you to comply with it.
THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON.
NAME: Wade D Manley Esquire Johnson Duffie Stewart & Weidner P.C.
ADDRESS: 301 Market Street
Lemoyne PA 17043
TELEPHONE: (717) 7614540
SUPREME COURT ID # 87244
ATTORNEY FOR: Defendant By the Court:
DATE:
Seal of the Court
Prothonotary
Deputy
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
LEE E. VANASDLEN and SARA E,
VANASDLEN,
Plaintiffs
vs.
DERRICK JOHNSON,
File No. 03-5525
Defendant
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Shi12pensburg Health Services Shippensburg Medical Campus 46 Walnut Bottom Road 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:
Copies of all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray
reports, MRI reports, hospital records, test reports and any other records pertaining to any evaluation, care or
treatment rendered to Sara E. Vanasdlen; D.O.B.: 12/01/1928; Social Security No.: 162-22-2700.
at Wade D Manley.Esquire, Johnson, Duffie, Stewart & Weidner, 301 Market Street, Lemoyne, PA 17043
(Address)
You may deliver or mail legible copies of the documents or produce things requesting by this subpoena, together with the
certificate of compliance, to the parry making this request at the address listed above. You have the right to seek, in ad
vane, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the
party serving this subpoena may seek a court order compelling you to comply with it.
THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Wade D. Manley. Esquire, Johnson, Duffie, Stewart & Weidner, P.C.
ADDRESS: 301 Market Street
TELEPHONE: (717) 761-4540
SUPREME COURT ID # 87244
ATTORNEY FOR: Defendant By the Court:
DATE:
Seal of the Court Prothonotary
Deputy
CERTIFICATE OF SERVICE
Cy 14- t
AND NOW, this 1 day of March, 2006, the undersigned does hereby certify that
she did this date serve a copy of the foregoing document upon the other parties of record by
causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne,
Pennsylvania, addressed as follows:
William P. Douglas, Esq.
27 W. High Street
P O Box 261
Carlisle, PA 17013-0261
JOHNSON, DUFFIE, STEWART & W ,7ER
By: 14
Elizab h L. Zieg er
CERTIFICATE OF SERVICE
AND NOW, this J? / d) day of March, 2006, the undersigned does hereby certify that
she did this date serve a copy of the foregoing document upon the other parties of record by
causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne,
Pennsylvania, addressed as follows:
William P. Douglas, Esq.
27 W. High Street
P O Box 261
Carlisle, PA 17013-0261
JOHNSON, DUFFIE, STEWART & WEI
By:
Eliza eth L.
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Johnson, Duffie, Stewart & Weidner
By: Wade D. Manley, Esquire
I. D. No. 87244
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
wdm@jdsw.com
LEE E. VANASDLEN and SARA E. VANASDLEN
V.
Plaintiffs
Attorneys for Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
CIVIL ACTION - LAW
DERRICK JOHNSON
Defendant
NO. 03-5525
JURY TRIAL DEMANDED
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Wade D. Manley, counsel for Defendant in this action, respectfully represents that:
1. The above-captioned action is at issue.
2. The claim of the Defendant in the action is unliquidated, and by Plaintiffs failure
to respond to the correspondence of October 12, 2007, attached hereto as Exhibit A, Plaintiff
has stipulated his claim is under arbitration limits. There is no counterclaim.
The following attorneys are interested in the case as counsel, or are otherwise
disqualified to sit as arbitrators: Wade Manley for Defendant, and William Douglas for Plaintiff.
WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3)
arbitrators to whom the case shall be submitted.
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
By: NMvA
Wade nley
Attorne fo Defendants
:314790
CERTIFICATE OF SERVICE
AND NOW, this / S! day of November, 2007, the undersigned does hereby certify that
she did this date serve a copy of the foregoing document upon the other parties of record by
causing same to be deposited in the United States Mail, first class postage prepaid, at
Lemoyne, Pennsylvania, addressed as follows:
William P. Douglas, Esquire
Douglas Law Firm
27 W. High Street
P. O. Box 261
Carlisle, PA 17013-0261
JOHNSON, DUFFIE, STEWART & WEIDNER
By: V'U? ?('
C een S. Jensen
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LEE E. VANASDLEN and SARA E. VANASDLEN
Plaintiffs
V.
DERRICK JOHNSON
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
CIVIL ACTION - LAW
NO. 03-5525
JURY TRIAL DEMANDED
ORDER OF COURT
AND NOW, this 1u day of 2007, in consideration of the
foregoing petition, the following are appointed arbitrators in the above-captioned action:
BY THE CT:
T
J.
Distribution:
Wade D. Manley, Esq., 301 Market Street, P. O. Box 109, Lemoyne, PA 17043
William P. Douglas, Esq., Douglas Law Firm, 27 W. High Street, P. O. Box 261, Carlisle, PA 17013
and `yy? ,? . `?'??G ?L??J'Ll.??.?•7` ..
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In The Court of Common Pleas of Cumberland
-- ?? ?-^ lain
County, Pennsylvania No.Z
Defendant Civil Action - Law.
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitution of this Commonwealth and that we will discharge the duties of our office
ith fidelity.
4;
lure Signature Signature
Name (Chairman) Name
?s ?C?, ? 1..171'' Ur?GYI ? ?QYlrl?il/
Law Firm ' Law Firm
Address Address
?a-ale?
Name
Law Firm
o ?oM SY
Address
V 01701 / Camls le PA l 76/3
City, zip city, Zip city, zip
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Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (? (Note: If damages for delay are awarded, they shall be separately stated.)
GJ \J- X \ C ?
. Arbitrator, dissents. (Insert name if applicable.)
Date of Hearing: ( , -7 ?? c 5
Date of Award: 1. -r-:?i . c-?'C %-A
Notice of Entry of Award
Now, the _ 54'' day of VQnLnry , 200, at /b., p' , A M., the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal: $ 350. 00
By:
othonotary
Deputy
C*ep
0
61
DOUGLAS LAW OFFICE
27 W. HIGH ST.
POB 261
CARLISLE PA 17013
TELEPHONE 717-243-1790
Sara Vanasdlen and Lee Vanasdlen,
h/h
WILLIAM P. DOUGLAS, ESQ.
Supreme Court I.D.# 37926
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Plaintiffs
vs
No. 03 - 5525 Civil Term
Derrick Johnson
Defendant
Civil action law
Jury Trial Demanded
Praecipe to Satisfy and Discontinue
Dear Mr. Long:
Please mark the above captioned matter satisfied and discontinued.
Respectfull submi ed,
William P. Douglas, q.
March 13, 2008 Attorney for Plainti s
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