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HomeMy WebLinkAbout07-7783IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RACHEL M. HAMMOND and MARTIN NO.: '7783 Civil l e reA L. HAMMOND, JR., Plaintiffs CIVIL ACTION - LAW V. PATRICIA A. HAVERSTOCK, JURY TRIAL DEMANDED Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RACHEL M. HAMMOND and MARTIN NO.: 07 7-9.P3 &z-.d 7oa-- L. HAMMOND, JR., Plaintiffs CIVIL ACTION - LAW V. PATRICIA A. HAVERSTOCK, JURY TRIAL DEMANDED Defendant PLAINTIFFS' COMPLAINT 2. 3. 4 5 6. Plaintiffs, Rachel M. Hammond and Martin L. Hammond, Jr, husband and wife, are adult individuals residing at 23 North 19`h Street, Camp Hill, Pennsylvania. Defendant Patricia A. Haverstock is an adult individual residing at 2307 New York Avenue, Camp Hill, Pennsylvania. At all times relevant hereto, defendant was the owner and operator of a 2002 Chevrolet Cavalier, Pennsylvania license number WR8074D. At all times relevant hereto, plaintiff, Rachel M. Hammond was the operator of a 2000 Chevrolet Malibu, Pennsylvania license number DMJ7234. On January 6, 2006 at approximately 6:05 p.m., plaintiff was stopped in her vehicle at a red light on Hummel Avenue at the intersection with 18' Street in Lower Allen Township, Cumberland County, Pennsylvania. At the above place and time, defendant drove her vehicle into the rear of the plaintiff's stopped vehicle causing the injuries and damages more specifically set forth below. COUNT I - NEGLIGENCE RACHEL M. HAMMOND v. PATRICIA A. HAVERSTOCK 7. Paragraphs 1 through 6 above are incorporated herein by reference as if set forth at length. 8. The above collision and resulting damages were caused by the negligence of the defendant in that she: a. failed to be alert and attentive at the wheel; b. followed too closely; c. failed to maintain an assured clear distance ahead; d. failed to brake properly; and e. failed to operate her vehicle with due regard for the plaintiff's vehicle. 9. As a direct and proximate result of the defendant's negligence, plaintiff, Rachel M. Hammond has suffered, is suffered and continues to suffer from injuries to her lower spine and nerves, including, but not limited to, herniated discs at the L4-5 and U-S 1 levels and sciatica. 10. As a direct and proximate result of the defendant's negligence, plaintiff Rachel M. Hammond has suffered, is suffering and will continue to suffer in the future the following damages: a. pain and suffering; b. mental anguish, discomfort and inconvenience; c. loss of life's pleasures; and d. an impairment of health and sense of well being; 11. As a direct and proximate result of the defendant's actions, plaintiff Rachel M. Hammond has suffered, is suffering and will continue to suffer in the future the following financial damages: a. past, present and future medical expenses; b. incidental costs of dealing with said injures; and c. loss of earnings and earning capacity. WHEREFORE, Plaintiff Rachel M. Hammond respectfully requests this Honorable Court to enter judgment in her favor and against the defendant in an amount in excess of the compulsory arbitration limit, plus interest, costs, and such other relief as is deemed appropriate. COUNT II - LOSS OF CONSORTIUM MARTIN L. HAMMOND JR. v. PATRICIA A. HAVERSTOCK 12. Paragraphs 1 through 11 above are incorporated herein by reference as if set forth at length. 13. At all times relevant hereto, plaintiffs are husband and wife. 14. As a direct and proximate result of the actions of the defendant, Plaintiff Martin L. Hammond, Jr. has suffered a loss of his spouse's comfort services and consortium and a claim is made therefor. WHEREFORE, Plaintiff Martin L. Hammond, Jr. respectfully requests this Honorable Court to enter judgment in her favor and against the defendant in an amount in excess of the compulsory arbitration limit, plus interest, costs, and such other relief as is deemed appropriate. Gir d E. Rickards, Esquire Attorney for Plaintiffs 44 East Philadelphia Street York, PA 17401 Pa. ID No.: 58867 (717) 845-4038 DATE: l,2-1? / /0 7 VERIFICATION I verify that the statements made in this Plaintiffs' Complaint are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language is that of counsel and not my own. To the extent that the contents are based on upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents are that of counsel, I have relied on my counsel in making this verification. I understand that false statements are made subject to penalties of 18 Pa.C.S.A. section 4904, relating to unsworn falsification to authorities. Rachel M. Hammond Martin L. Hammond, Jr. Date: j a"?a r U 7 l C rTi 7v t-,r C-) cl ? .- 4Ln d CO SHERIFF'S RETURN - REGULAR CASE NO: 2007-07783 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HAMMOND RACHEL M ET AL VS HAVERSTOCK PATRICIA A NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HAVERSTOCK PATRICIA A the DEFENDANT , at 1515:00 HOURS, on the 14th day of January , 2008 at 2307 NEW YORK AVENUE CAMP HILL, PA 17011 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 13.44 .00 10.00 .00 41.44 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 01/15/2008 GIRARD RICKARDS By: Deputy Sheriff A. D. Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 Attorney for Defendant RACHEL M. HAMMOND and IN THE COURT OF COMMON PLEAS MARTIN L. HAMMOND, JR., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. PATRICIA A. HAVERSTOCK, Defendant CIVIL ACTION - LAW NO. 07-7783 CIVIL TERM JURY TRIAL DEMANDED NEW MATTER NOTICE TO: Girard E. Rickards, Esquire 44 East Philadelphia Street York, PA 17401 Attorney for Plaintiffs You are hereby notified to plead to the enclosed New Matter within twenty (20) days from the date of service. JOHNSON, DUFFIE, STEWART & WEIDNER L B , ;eWsrn J. Shipman, Esquire P.O. Box 109 Lemoyne, PA 17043 Date: / o29/p f? Attorneys for Defendant Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I. D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 Attorney for Defendant RACHEL M. HAMMOND and MARTIN L. HAMMOND, JR., Plaintiffs V. PATRICIA A. HAVERSTOCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-7783 CIVIL TERM JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT. PATRICIA A. HAVERSTOCK AND NOW, comes the Defendant, Patricia A. Haverstock, by and through her counsel, Johnson, Duffie, Stewart & Weidner, and Jefferson J. Shipman, Esquire, and files the following Answer and New Matter to Plaintiffs' Complaint: 1. Denied. After reasonable investigation, Ms. Haverstock is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 1. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part, denied in part. It is admitted only that Ms. Haverstock made contact with the rear of the Plaintiffs vehicle. The remaining averments of Paragraph 6 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the remaining averments of Paragraph 6 are denied and strict proof demanded at the time of trial. COUNT I - NEGLIGENCE Rachel M. Hammond v. Patricia A. Haverstock 7. Ms. Haverstock incorporates herein by reference her answers to Paragraphs 1 through 6 above as though fully set forth herein at length. 8. Denied. The averments contained in Paragraph 8 and Subparagraphs a. through e. are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. a. Denied. It is specifically denied that Ms. Haverstock failed to be alert and attentive at the wheel; b. Denied. It is specifically denied that Ms. Haverstock was following too closely; C. Denied. It is specifically denied that Ms. Haverstock failed to maintain an assured clear distance ahead; d. Denied. It is specifically denied that Ms. Haverstock failed to brake properly; and e. Denied. It is specifically denied that Ms. Haverstock failed to operate her vehicle with due regard for the Plaintiffs vehicle. 9. Denied. The averments contained in Paragraph 9 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Ms. Haverstock is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 9 relating to Plaintiffs alleged injuries and the same are therefore denied and strict proof demanded at the time of trial. 10. Denied. The averments contain in Paragraph 10 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Ms. Haverstock is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 10 relating to Plaintiff's alleged suffering, mental anguish, discomfort and inconvenience, loss of life's pleasures and impairment of health and sense of wellbeing, and the same are therefore denied and strict proof demanded at the time of trial. 11. Denied. The averments contain in Paragraph 11 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Ms. Haverstock is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 11 relating to Plaintiffs alleged financial damages and the same are therefore denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, Patricia A. Haverstock, respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. COUNT II - LOSS OF CONSORTIUM Martin L. Hammond. Jr. v. Patricia A. Haverstock 12. Ms. Haverstock incorporates herein by reference her answers to Paragraphs 1 through 11 above as though fully set forth herein at length. 13. Denied. After reasonable investigation, Ms. Haverstock is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 13 and the same are therefore denied and strict proof demanded at the time of trial. 14. Denied. The averments contain in Paragraph 14 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Ms. Haverstock is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 14 relating to Plaintiffs alleged loss of consortium and the same are therefore denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, Patricia A. Haverstock, respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER The Defendant interposes the following New Matter defenses: 15. That the Plaintiffs' alleged cause of action may be barred in whole or in part by the Pennsylvania Motor Vehicle Financial Responsibility Law. 16. That the Plaintiffs' alleged cause of action may be barred in whole or in part by the limited tort option. 17. If it should be found that there was any negligence on the part of Ms. Haverstock, which is denied, then in that event any such negligence was not a factual cause or proximate cause of any injuries to the Plaintiffs. 18. That the Plaintiffs' alleged injuries and damages may have been pre- existing. 19. That the Plaintiffs may have failed to mitigate their damages. WHEREFORE, the Defendant, Patricia A. Haverstock, respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By( 11 JAI Jeffe on J. Shipman, squire Attorneys I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs a@jdsw.com DATE : Attorneys for Defendant 321770 VERIFICATION I, Patricia A. Haverstock, have read the foregoing Answer and New Matter and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. atr' is A. Haverstock DATE:, 321785 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on / 2 6r Girard E. Rickards, Esquire 44 East Philadelphia Street York, PA 17401 Attorney for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER 4L A-J Jeff, son . Shipma , Esquire I.D. #: 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendant 321770 t..- -??. ?' ?„ ,? ? ? " ? Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: Ms@jdsw.com (717) 761-4540 RACHEL M. HAMMOND and MARTIN L. HAMMOND, JR., Plaintiffs V. : PATRICIA A. HAVERSTOCK, Defendant Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-7783 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: Girard E. Rickards, Esquire 44 East Philadelphia Street York, PA 17401 Attorney for Plaintiffs As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoenas has been received, the twenty day waiting period for objections was waived; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. JOHNSON, DU FIE, STEWART & WEIDNER By , , b"Ap'?" Jeffe on J. Shipman, Esquire Atto eys I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com DATE : 3? (7Jd? Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, first class mail, postage prepaid, in Lemoyne, Pennsylvania, on Girard E. Rickards, Esquire 44 East Philadelphia Street York, PA 17401 Attorney for Plaintiffs JO By , DUFFIE, STEWART & WEIDNER Jefferson J. Shipman, Esquire I.D. #: 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendant Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 Attorney for Defendant RACHEL M. HAMMOND and MARTIN L. HAMMOND, JR., Plaintiffs V. PATRICIA A. HAVERSTOCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-7783 CIVIL TERM : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Girard E. Rickards, Esquire 44 East Philadelphia Street York, PA 17401 Attorney for Plaintiffs PLEASE TAKE NOTICE that Defendants intend to serve four (4) 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. JOHNSON, DUFFIE, STEWART & WEIDNER By Jeff on J. Shipman, Esquire Atto eys I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com DATE : 3 k)l d ? Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, certified mail, postage prepaid, in Lemoyne, Pennsylvania, on 3 Girard E. Rickards, Esquire 44 East Philadelphia Street York, PA 17401 Attorney for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER By Jeffer n J. Shipman, Esquire I.D. #: 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Rachel M. Hammond and Martin L. Hammond, Jr., Plaintiffs File No.07-7783 vs. Patricia A. Haverstock, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Magnetic Imaging Center _ (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: MRI report and ACTUAL FILM of Lumbar spine dated 6/9/06 pertaining to Rachel M. Hammond DOB: 3/4/74 SSN: 163-66-2468 at Johnson Duffie Stewart & Weidner. 301 Market Street, P.O. Box 109. Lemoyne. PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: Prothbnotary/Clerk,[Civil DyGision Deputy DATE: 06 0 Se 6l o the Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Rachel M. Hammond and Martin L. Hammond, Jr., Plaintiffs File No.07-7783 vs. : Patricia A. Haverstock, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Supriyo Ghosh (d> Burick & Azizkhan Internal Medicine (Name of Parson 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, correspondence, reports and diagnostic test results pertaining to Rachel M Hammond DOB: 3/4/74 SSN: 163-66-2468 at Johnson Duffie Stewart & Weidner, 301 Market Street. P.O. Box 109, Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: Proth notary/Cler , - vil Di ision Deputy DATE: 3 (D& o8 Sea of the Court (Eff. 7197) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Rachel M. Hammond and Martin L. Hammond, Jr., Plaintiffs File No.07-7783 vs. Patricia A. Haverstock, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Orthopedic Institute of Pennsylvania (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, correspondence, reports and diagnostic test results pertaining to Rachel M. Hammond DOB: 3/4/74 SSN: 163-66-2468 at Johnson Duffie Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne. PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: Jefferson J. Shipman, Esquire 301 Market Street Lemoyne. PA 17043 717-761-4540 51785 Defendant BY THE COURT: ion Deputy DATE: O o8 Seal of the Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Rachel M. Hammond and Martin L. Hammond, Jr., Plaintiffs File No.07-7783 vs. Patricia A. Haverstock, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Joyner Sports Medicine Institute (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, physical therapy records, correspondence, reports and diagnostic test results pertaining to Rachel M. Hammond DOB: 3/4/74 SS N : 163-66-2468 at Johnson. Duffie, Stewart & Weidner. 301 Market Street. P.O. Box 109. Lemoyne. PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: Jefferson J. Shipman. Esouire 301 Market Street Lemoyne, PA 17043 717-761-4540 51785 Defendant BY THE COURT: Prothonotary/Clerk,, ivi Divis' n Deputy DATE: O O Se I of the Court (Eff. 7/97) to 1 0 r ?.? co IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RACHEL M. HAMMOND and MARTIN L. HAMMOND, JR., Plaintiffs NO.: 07-7783 Civil Term CIVIL ACTION - LAW V. PATRICIA A. HAVERSTOCK, Defendant JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER 15. The allegations of paragraph 15 constitute conclusions of law to which no response is required. To the extent that a response is deemed required, each and every allegation of fact is specifically denied and strict proof thereof is demanded at the time of trial. 16. The allegations of paragraph 16 constitute conclusions of law to which no response is required. To the extent that a response is deemed required, each and every allegation of fact is specifically denied and strict proof thereof is demanded at the time of trial. 17. The allegations of paragraph 17 constitute conclusions of law to which no response is required. To the extent that a response is deemed required, each and every allegation of fact is specifically denied and strict proof thereof is demanded at the time of trial. 18. The allegations of paragraph 18 constitute conclusions of law to which no response is required. To the extent that a response is deemed required, each and every allegation of fact is specifically denied and strict proof thereof is demanded at the time of trial. 19. The allegations of paragraph 19 constitute conclusions of law to which no response is required. To the extent that a response is deemed required, each and every allegation of fact is specifically denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Plaintiffs, Rachel M. Hammond and Martin L. Hammond, Jr. respectfully requests this Honorable Court to enter judgment in her favor and against the defendant in an amount in excess of the compulsory arbitration limit, plus interest, costs, and such other relief as is deemed appropriate. Girar E. Rickards, Esquire Attorney for Plaintiffs 44 East Philadelphia Street York, PA 17401 Pa. ID No.: 58867 (717) 845-4038 DATE: 3 / 1 /0 ? VERIFICATION I verify that the statements made in this Plaintiffs' Reply to New Matter are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language is that of counsel and not my own. To the extent that the contents are based on upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents are that of counsel, I have relied on my counsel in making this verification. I understand that false statements are made subject to penalties of 18 Pa.C.S.A. section 4904, relating to unsworn falsification to authorities. Rachel M. Hammond Date: 2-20-09" CERTIFICATE OF SERVICE I, Girard E. Rickards, attorney for the plaintiffs do hereby certify that on this day I have served the defendant with a true and correct copy of the foregoing Plaintiffs' Reply to New Matter, via first class mail, postage prepaid as follows: Jefferson J. Shipman, Esquire Johnson Duffle Law Offices P.O. Box 109 Lemoyne, PA 17043 irard ckards, Esquire Plaintiffs' Attorney DATE: March 19, 2008 C7 110 _ Q "ft _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RACHEL M. HAMMOND and MARTIN L. HAMMOND, JR., Plaintiffs NO.: 07-7783 CIVIL ACTION - LAW V. PATRICIA A. HAVERSTOCK, Defendant PRAECIPE FOR CHANGE OF ADDRESS UPON THE RECORD TO THE PROTHONOTARY: Kindly update the docket to reflect the address of Girard E. Rickards, Esquire to 135 South Duke Street, York, Pennsylvania 17401. Date: l b? Gir E. Rickards, Esquire Attorney Id No. 58867 135 South Duke Street York, PA 17401 717 845-4038 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RACHEL M. HAMMOND and MARTIN NO.: 07-7783 L. HAMMOND, JR., Plaintiffs CIVIL ACTION - LAW V. PATRICIA A. HAVERSTOCK, Defendant CERTIFICATE OF SERVICE I, Amy Menache, do hereby certify that on this day I have served the Defendant with a true and correct copy of the foregoing Praecipe For Change of Address Upon The Record, via first class mail, postage prepaid as follows: Jefferson J. Shipman, Esquire Johnson Duffie Law Offices P.O. Box 109 Lemoyne, PA 17043 Amy nache, Legal Assistant DATE: ?`? _ rn r -LF ril }... C1 C co Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 Attorney for Defendant RACHEL M. HAMMOND and IN THE COURT OF COMMON PLEAS MARTIN L. HAMMOND, JR., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. PATRICIA A. HAVERSTOCK, Defendant CIVIL ACTION - LAW NO. 07-7783 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: Girard E. Rickards, Esquire 135 South Duke Street York, PA 17401 Attorney for Plaintiffs As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoenas has been received, the twenty day waiting period for objections was waived; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. JOHNSON, DUF IE, STEWARTTJ&?WEIDNER By Jefferson J. Shipman, Esquire Attorneys I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com DATE : { Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, first class mail, postage prepaid, in Lemoyne, Pennsylvania, on i' Girard E. Rickards, Esquire 135 South Duke Street York, PA 17401 Attorney for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER ?X.te?wV By Jefferson J. Shipman, Esquire I.D. #: 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendant Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 Attorney for Defendant RACHEL M. HAMMOND and MARTIN L. HAMMOND, JR., Plaintiffs V. PATRICIA A. HAVERSTOCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-7783 CIVIL TERM JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Girard E. Rickards, Esquire 44 East Philadelphia Street York, PA 17401 Attorney for Plaintiffs PLEASE TAKE NOTICE that Defendants intend to serve seven (7) 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. JOHNSON, DU FIE, STEWART & WEIDNER rBy Je rson J. Shipman, Esquire Attorneys I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com DATE : Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, certified mail, postage prepaid, in Lemoyne, Pennsylvania, on 16 7 t ; X Girard E. Rickards, Esquire 44 East Philadelphia Street York, PA 17401 Attorney for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER By Jeffers 6n J. Shipman, Esquire I. D. #: 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Rachel M. Hammond and Martin L. Hammond, Jr., Plaintiffs File No.07-7783 vs. Patricia A. Haverstock, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Suprivo Ghosh (off Burick & Azizkhan Internal Medicine (Name of Person or Entity) Within twenty (20) days after se.-Ace of t:-iis subpoena, you are ordered by the court to produce the following documents or things: any and aii medical records, correspondence, reports and diagnostic test results from March 1 2008 through November 30. 2008 pertaining to Rachel M Hammond DOB: 3/4/74 SSN:163-66-2468 at Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540_ SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: Prot onotary/CI , ivi Divis' n Deputy DATE: /? 023 08 Seal oft the Court (Eff. 7197) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Rachel M. Hammond and Martin L. Hammond, Jr., Plaintiffs File No.07-7783 vs. Patricia A. Haverstock, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Orthopedic Institute of Pennsvlvania (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records correspondence reports and diagnostic test results from March 1, 2008 through November 30, 2008 pertaining to Rachel M Hammond DOB: 3/4/74 SSN:163-66-2468 at Johnson, Duffie, Stewart & Weidner, 301 Market Street. P.O. Box 109, Lemoyne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: Prot onotary/CI iviI ision Deputy DATE: yb a3 08 Seal of th Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Rachel M. Hammond and Martin L. Hammond, Jr., Plaintiffs File No.07-7783 vs. Patricia A. Haverstock, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Joyner Sports Medicine Institute (Name of Person or Entity) Within twenty (20) days afie! service of this subpoena, you are ordered by the court to produce the following documents or things: arty and all medical records physical therapy records correspondence reports and diagnostic test results from March 1 2008 through November 30, 2008 pertaining to Rachel M. Hammond DOB: 3/4/74 SSN: 163-66-2468 at Johnson Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID # ATTORNEY FOR: Jefferson J. Shipman, Esquire 301 Market Street Lemoyne, PA 17043 717-761-4540 51785 Defendant BY THE COURT: P thonotary/ C' it Division DATE: b cat D8 Seal of the Court Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Rachel M. Hammond and Martin L. Hammond, Jr., Plaintiffs File No.07-7783 vs. Patricia A. Haverstock, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Partners in Women's Health (Name of Person or Entity) Within twenty X20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records correspondence reports and diagnostic test results pertaining to Rachel M Hammond DOB: 3/4/74 SSN: 163-66-2468 at Johnson. Duffie, Stewart & Weidner, 301 Market Street P.O. Box 109, Lemoyne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to. the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman. Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: ?Ijmzig Pr honotary/CI iv' Division DATE: /0 A-3 09 Seal of the Court Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Rachel M. Hammond and Martin L. Hammond, Jr., Plaintiffs : File No.07-7783 vs. Patricia A. Haverstock, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Donald Adler, Jr. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the- court to produce the following documents or things: any and all medical records correspondence reports and diagnostic test results pertaining to Rachel M Hammond DOB: 3/4/74 SSN• 163-66-2468 at Johnson Duffle Stewart & Weidner, 301 Market Street P.O. Box 109, Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman Esquire ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: 9.01 Pr honotary/ Ci ? Division lpe' DATE: Lo D8 Seal of the court Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Rachel M. Hammond and Martin L. Hammond, Jr., Plaintiffs File No.07-7783 vs. Patricia A. Haverstock, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. John Zitelli (Name of Person or Entity) Within !wenty (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 correspondence reports and diagnostic test results pertaining to Rachel M Hammond DOB: 3/4/74 SSN: 163-66-2468 at Johnson, Duffie. Stewart & Weidner. 301 Market Street P.O. Box 109, Lemoyne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman. Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: Pr honotary/Cle*Vil n DATE: /O a?3 Og Seal of th Court Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Rachel M. Hammond and Martin L. Hammond, Jr., Plaintiffs File No.07-7783 vs. Patricia A. Haverstock, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Doylestown Women's Health Center (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records correspondence reports and diagnostic test results pertaining to Rachel M Hammond DOB: 3/4/74 SSN: 163-66-2468 at Johnson Duffie Stewart & Weidner, 301 Market Street P.O. Box 109 Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: P thonotary/ c, Civi ivision DATE: /O o?3 DS Sea of 6-e -Court Deputy (Eff. 7/97) r-? C ?- : m ???? j ??, .- r ?, ,.7 C ,] P:.?C ?_a r; C? RACHEL M. HAMMOND and, MARTIN L. HAMMOND, JR., Plaintiffs V. PATRICIA A. HAVERSTOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7783 CIVIL TERM CIVIL ACTION - LAW RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Jefferson J. Shipman, counsel for the Defendant in the above action respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiffs in the action is under $50,000. There is no counterclaim. The following attorneys are interested in the case as counsel, or are otherwise disqualified to sit as arbitrators: Girard E. Rickards, Esquire (Plaintiffs) and Jefferson J. Shipman, Esquire (Defendant) WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ;ctfully submitted, SON, DUFFIE, STEWART & WEIDNER J ORDER OF COURT AND NOW, this J. Shipman, Esquire for Defendant 2009, in consideration of the foregoing petition, Esq., and Esq. and captioned action (or actions) as prayed for. Esq. are appointed arbitrators in the above- By the Court, Edgar B. Bayley 365570 nt z OTARY 4? - o6 - Pj- (4? Ck-4 3aras 1Z-li- a2wgsa` RACHEL M. HAMMOND and, MARTIN L. HAMMOND, JR., Plaintiffs V. PATRICIA A. HAVERSTOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7783 CIVIL TERM CIVIL ACTION - LAW RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Jefferson J. Shipman, counsel for the Defendant in the above action respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiffs in the action is under $50,000. There is no counterclaim. The following attorneys are interested in the case as counsel, or are otherwise disqualified to sit as arbitrators: Girard E. Rickards, Esquire (Plaintiffs) and Jefferson J. Shipman, Esquire (Defendant) WHEREFORE, your petitioner'prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Ily submitted, J, DUFFIE, STEWART & WEIDNER J ORDER OF COURT n J. Shipman, Esquire for Defendant AND NOW, this 2009, in consideration of the foregoing petition, nt/ Esq., and Esq. are appointed arbitrators in the above- By the Co Edgar B. Bayley 365570 captioned action (or actions) as prayed for. h1 Pf; IC G ARY 209 MAY 1 i Pli 4: 05 FUN til? c??' 3o?os ? a?rgsa. w I Q ' l , r.Y' cs, Rachel M. Hammond and Martin L. Hammond, Jr. Plaintiffs Patricia A. Haverstock 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 with fidelity. gna Signature Signature Daniel K. Deardorff. Esq. Name (Chairman) Martson Law Offices Law Firm 10 East High Street Address In The Court of Common Pleas of Cumberland County, Pennsylvania No. 07 -7_7g_3 Defendant Civil Action - Law. Lawrence F. Barnn-&, Esq Name Freeburn Hamilton Law Firm 4415. North Front Street Address Quenna S. Baumbach, Esq. Name Perry & Baumbach, P.C. Law Firm 1035 Mumma Rd, Suite 201 Address Carlisle 17013 Harrisburg; 17110-1709 Wormleysburg 17403 City, zip city, zip cim zip Quenna S. Baumbach, Esq. (Arbitrator) Notice of Entry of Award Now, the day of 200 , at . 2"1 , -.M., the above award was entered upon the docket and notice there 6f given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ .3- 0. od C 2o, z a Z7-2 L - By: %. e-+?l Prothonotary Deputy /1 18 3 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.) Fi! i_, 2609 UG 10 A r, $: 2 7 A4 ly J . Ski ? M--A?sj K- RACHEL M. HAMMOND and MARTIN L. HAMMOND, JR., Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. PATRICIA A. HAVERSTOCK, Defendant NO. 07-7783 Civil Term JURY TRIAL DEMANDED STIPULATION OF COUNSEL It is hereby stipulated and agreed by and between Girard E. Rickards, Esquire, counsel for Plaintiffs, and Jefferson J. Shipman, Esquire, counsel for Defendant, that the above-captioned matter be presented to two (2) arbitrators instead of three (3). Girar . Rickards, Esquire Attorney I.D. No. 58867 135 South Duke Street York, PA 17401 (717) 845-4038 Attorneys for Plaintiffs 3b1 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Defendant Dated: 'LPtJ...( ''e f"rr 2009 AUG 10 Ahl 0: 2 7 J Pd" Y i L .? Girard E. Rickards, Esquire I.D. No. 58867 135 South Duke Street York, PA 17401 Phone: (717) 845-4038 Fax: (717) 845-4043 Email: gerickards@aol.com RACHEL M. HAMMOND and MARTIN L. HAMMOND, JR., Plaintiffs Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW NO. 07-7783 CIVIL TERM PATRICIA A. HAVERSTOCK, : Defendant JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: PLEASE mark the above-captioned matter satisfied and discontinued with prejudice. Respectfully sub ed, By: Girard E. Rickards, Esquire Attorney I.D. No. 58867 135 South Duke Street York, PA 17401 Telephone (717) 845-4038 Date: Attorney for Plaintiffs r,c TIV-Frop, 2009 OCT -6 PM I : 29 PEA N'SYLV NI