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HomeMy WebLinkAbout08-0241 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA THOMAS W. RUSSELL 19 Betty Nelson Court Carlisle, PA 17013 Plaintiff(s) & Address(es) Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue A Writ of Summons in the above-captioned action. X Writ of Summons Shall be issued and forwarded to ( W Scott Henning. Esquire 1300 Linglestown Road Harrisburg PA 17108 (717) 238-2000 Name/Address/Telephone No. of Attorney versus No._ x4_2008 Civil Action - (XX) Law ( ) Equity ALEX BAILEY 306 Shed Road Newville, PA 17241 DOROTHEA BAILEY 306 Shed Road Newville, PA 17241 Signature of)Wbrkgyi Supreme Court ID No. )Sheriff Date: January 7. 2008 p 'd C? '6v. i o o d C) W oo T, c.r r ) Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS Court of Common Pleas Thomas W. Russell Plaintiff Vs. No 08-241 Alex Bailey Dorothea Bailey 306 Shed Road Newville, PA 17241 In CivilAction-Law Defendant To Alex Bailey and Dorothea Bailey, You are hereby notified that Thomas W. Russell the Plaintiff(s) has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) C is R. L othon y Date 1114/07 By Deputy Attorney: W. SCOTT HENNING, ESQUIRE Name: Address: HANDLER, HENNING & ROSENBERG 1300 LINGLESTOWN ROAD HARRISBURG, PA 17108 Attorney for: Plaintiff Telephone: 717-238-2000 Supreme Court ID No. 32298 E CASE NO: 2008-00241 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RUSSELL THOMAS W VS BAILEY ALEX ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS BAILEY ALEX was served upon the DEFENDANT , at 1939:00 HOURS, on the 17th day of January , 2008 at 306 SHED ROAD NEWVILLE, PA 17241 by handing to ALEX BAILEY a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.52 Postage .58 Surcharge 10.00 00 )/a 4 0. 10 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 01/18/2008 HANDLER HENNING ROSENBERG By: ?, j/ / D h put Slier A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-00241 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RUSSELL THOMAS W VS BAILEY ALEX ET AL KANNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon rw - - - -,T TTTTT the DEFENDANT , at 1939:00 HOURS, on the 17th day of January , 2008 at 306 SHED ROAD NEWVILLE, PA 17241 by handing to ALEX BAILEY, SON 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: So Answers: Docketing 6.00 !!' ? -?sd-?C ?J r.^w f .00 Service Affidavit 00 Surcharge 10.00 R. Thomas Kline .00 jpylbp (9,,, 16.00 01/18/2008 HANDLER HENNING ROSENBERG Sworn and Subscibed to By: before me this of day A. D. W. Scott Henning, Esquire 1. D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax : (717) 233-3029 E-mail: Henning@HHRLaw.com THOMAS W. RUSSELL, Plaintiff V. ALEX BAILEY and DOROTHEA BAILEY Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-241 CIVIL ACTION - LAW 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYAA LASIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 HANDLER, HENNING 8sXOSENBERG, LLP By: W. Scott Henning, P-sAui F.IWP DirectorieslMJRlComplaintslMVAlPassengerlThomas, Russell. wpd W. Scott Henning, Esq. I.D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiff Fax : (717) 233-3029 E-mail: Henning@HHRLaw.com THOMAS W. RUSSELL, Plaintiff V. ALEX BAILEY and DOROTHEA BAILEY Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-241 CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff, Thomas W. Russell, by and through his attorneys, HANDLER, HENNING & ROSENBERG, LLP, by W. Scott Henning, Esq., and makes the within Complaint against Defendants, Alex Bailey and Dorothea Bailey, and avers as follows: 1. Plaintiff, Thomas W. Russell, is an adult individual currently residing at 1 Diane Court, Carlisle, Cumberland County, PA 17103. 2. Defendant, Alex Bailey, is an adult individual currently residing at 306 Shed Road, Newville, Cumberland County, PA 17241. 3. Defendant, Dorothea Bailey, is an adult individual currently residing at 306 Shed Road, Newville, Cumberland County, PA 17241. 4. At all times material hereto, Plaintiff, Russell W. Thomas, was a passenger in a 1986 Lincoln Mark VII, bearing Pennsylvania registration number ESF6390, which was operated by Defendant Alex Bailey (hereinafter "Defendants' vehicle") 5. At all times material hereto, Defendant, Dorothea Bailey, was the owner of the Defendant's vehicle, and the mother of the Defendant, Alex Bailey. 6. At all times material hereto, Plaintiff, Thomas W. Russell, was not a named insured under any policy of motor vehicle insurance, nor did he reside with a relative who was insured under a motor vehicle insurance policy at the time of the collision, thus he would be considered to have full tort rights pursuant to 75 Pa. C.S.A. § 1705(b)(3). 7. At all times material hereto, there were no adverse weather or road conditions. 8. On or about June 22, 2004, at approximately 8:00 a.m., Defendants' vehicle was traveling eastbound on Burgners Road in Plainfield, Pennsylvania. 9. At approximately the same time and place, Defendant, Alex Bailey, was traveling at an excessive rate of speed, and suddenly and without warning lost control of his vehicle 10. As a result of Defendant, Alex Bailey's, failure to operate Defendants' vehicle at a safe speed, said vehicle crossed into the opposing lane of travel, struck an embankment, and proceeded to roll two to three times, before coming to rest on the shoulder of the roadway. -2- 11. As a direct and proximate result of the negligence of the Defendants, Alex Bailey and Dorothea Bailey, the Plaintiff, Thomas W. Russell sustained extensive and serious personal injuries, as set forth more specifically below. COUNT I - NEGLIGENCE THOMAS W. RUSSELL v. ALEX BAILEY 12. Paragraphs 1-11 are incorporated herein as if fully set forth below. 13. The occurrence of the aforementioned collision and the resultant injuries to Plaintiff, Thomas W. Russell, are the direct and proximate result of the negligence, carelessness, and/or recklessness of the Defendant, Alex Bailey, generally and more specifically, as set forth below: (a) In driving Defendants' vehicle in careless disregard for the safety of persons or property, in violation of 75 Pa.C.S.A. § 3714; (b) In failing to exercise reasonable care in the operation of Defendants' vehicle for the safety of a guest passenger; (c) In failing to properly and adequately observe the traffic and road conditions then and there existing; (d) In failing to properly regulate the speed of Defendants' vehicle so as to prevent a collision; (e) In failing to operate his vehicle in such a manner that would allow him to apply the brakes and stop before striking the embankment; (f) In failing to operate his vehicle at a speed at which he could stop within the assured clear distance ahead, in violation of 75 Pa. C.S.A. § 3361; (g) In failing to maintain control of Defendants' vehicle; -3- (h) In operating Defendants' vehicle at a speed in excess of the posted speed limit; (1) In operating Defendants' vehicle at an unsafe speed in light of the existing conditions; Q) In failing to have sufficient control of Defendants' vehicle, which would have allowed the vehicle to be stopped before doing injury to any person or thing likely to arise under the circumstances; and (k) In failing to be continuously alert and in failing to have his vehicle under such control that injury to persons or property could be avoided; (1) In driving in a careless manner, in violation of 75 Pa. C.S.A. § 3714; (m) In failing to operate his vehicle on the right half of the roadway, in violation of 75 Pa. C.S.A. § 3301; (n) In failing to keep his vehicle off of the left side of the roadway, in violation of 75 Pa. C.S.A. § 3306. 14. As a direct and proximate result of the negligence of the Defendant, Alex Bailey, the Plaintiff, Thomas W. Russell, suffered extensive injuries including, but not limited to, a fractured left thumb and back (lumber spine) injuries. 15. As a direct and proximate result of the negligence of the Defendant, Alex Bailey, the Plaintiff, Thomas W. Russell, has suffered a loss of income and will in the future continue to suffer a loss of income and/or earning capacity, to his financial detriment and loss. 16. As a direct and proximate result of the negligence of the Defendant, Alex Bailey, the Plaintiff, Thomas W. Russell, has suffered physical pain, discomfort, and mental anguish, and he will continue to endure the same for an indefinite period of time in the future, to his physical, emotional, and financial detriment and loss. -4- 17. As a direct and proximate result of the negligence of the Defendant, Alex Bailey, the Plaintiff, Thomas W. Russell, has been compelled, in order to effect a cure for aforesaid injuries, to expend money for medicine and medical attention. 18. As a direct and proximate result of the negligence of the Defendant, Elliot E. Walker, the Plaintiff, Thomas W. Russell, continues to receive treatment and incur expenses as a result of said injuries, and will most likely continue to do so in the future, to his detriment and loss. 19. As a direct and proximate result of the negligence of the Defendant, Alex Bailey, the Plaintiff, Thomas W. Russell, has suffered a loss of life's pleasures and he will continue to suffer the same in the future, to his detriment and loss. 20. As a direct and proximate result of the negligence of the Defendant, Alex Bailey, the Plaintiff, Russell W. Thomas, has been, and will in the future be, hindered from attending to his daily duties, to his detriment, loss, humiliation, and embarrassment. 21. Plaintiff, Russell W. Thomas, believes and, therefore, avers that his injuries are permanent and serious in nature. WHEREFORE, Plaintiff, Thomas W. Russell, seeks damages from the Defendant, Alex Bailey, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. - NEGLI 22. Paragraphs 1-21 are incorporated herein as if fully set forth below. 23. At all times material hereto, Defendant, Dorothea Bailey, owned the motor vehicle that Defendant, Alex Bailey, was operating at the time of the collision. 24. Plaintiff believes and, therefore, avers that at all times material hereto, Defendant, Alex Bailey, operated the Defendants' vehicle with the consent and/or permission of Defendant, Dorothea Bailey. -5- 25. The occurrence of the aforementioned collision and the resultant injuries to the Plaintiff, Thomas W. Russell, were caused directly and proximately by the negligence and/or carelessness of the Defendant, Dorothea Bailey, in giving possession of her vehicle to Defendant, Alex Bailey, when she knew, or should have known: (a) Defendant, Alex Bailey, was not competent to safely operate a motor vehicle; (b) Defendant, Alex Bailey, was likely to operate said vehicle in a dangerous, unsafe, and/or otherwise negligent manner; and (c) Defendant, Alex Bailey, would operate said vehicle in the manner set forth in Paragraph 14 (a) - (n), of this Complaint. 26. As a direct and proximate result of the negligence of the Defendant, Dorothea Bailey, the Plaintiff, Thomas W. Russell, suffered extensive injuries including, but not limited to, injuries to his left thumb and back (lumber spine) injuries. 27. As a direct and proximate result of the negligence of the Defendant, Dorothea Bailey, the Plaintiff, Thomas W. Russell, has suffered a loss of income and will in the future continue to suffer a loss of income and/or earning capacity, to his financial detriment and loss. 28. As a direct and proximate result of the negligence of the Defendant, Dorothea Bailey, the Plaintiff, Thomas W. Russell, has suffered physical pain, discomfort, and mental anguish, and he will continue to endure the same for an indefinite period of time in the future, to his physical, emotional, and financial detriment and loss. 29. As a direct and proximate result of the negligence of the Defendant, Dorothea Bailey, the Plaintiff, Thomas W. Russell, has been compelled, in order to effect a cure for aforesaid injuries, to expend money for medicine and medical attention, and will continue to do so in the future. 30. As a direct and proximate result of the negligence of Defendant, Dorothea -6- Bailey, the Plaintiff, Thomas W. Russell, continues to receive treatment and incur expenses as a result of said injuries, and will most likely continue to do so in the future, to his detriment and loss. 31. As a direct and proximate result of the negligence of the Defendant, Dorothea Bailey, the Plaintiff, Thomas W. Russell, has suffered a loss of life's pleasures and he will continue to suffer the same in the future, to his detriment and loss. 33. As a direct and proximate result of the negligence of the Defendant, Dorothea Bailey, the Plaintiff, Thomas W. Russell, has been, and will in the future be, hindered from attending to his daily duties, to his detriment, loss, humiliation, and embarrassment. 37. Plaintiff, Thomas W. Russell, believes and, therefore, avers that his injuries are permanent and serious in nature. WHEREFORE, Plaintiff, Thomas W. Russell, seeks damages from the Defendant, Dorothea Bailey, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Date: L Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By: W. Scott Hennin . E I. D.# 32298 1300 Linglestown Rc Harrisburg, PA 1711 (717) 238-2000 Attorney for Plaintiff VERIFICATION The undersigned hereby verifies that the statements in the foregoing document 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 of the document is of counsel and not my own. I have read the document and to the extent that it is based 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 of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ?fl??rrr??.?c Cl,?_ Ol Thomas W. Russell Date: -3h1k)R THOMAS W. RUSSELL, Plaintiff V. . ALEX BAILEY and . DOROTHEA BAILEY Defendants CERTIFICATE OF SERVICE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-241 CIVIL ACTION - LAW On April 1, 2008, 1 hereby certify that a true and correct copy of Plaintiff's Complaint with Notice to Defend was served upon the following by depositing in US certified mail: Respectfully Submitted, HANDS ER, H NG & ROSENBERG, LLP Date: April 1, 2008 Alex Bailey 306 Shed Road Newville, PA 17241 Dorothea Bailey 306 Shed Road Newville, PA 17241 By: W. Scott HeMling, E$Aui -..r r,7i N 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 Defendants THOMAS W. RUSSELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 08-241 CIVIL TERM CIVIL ACTION - LAW ALEX BAILEY and DOROTHEA BAILEY, Defendants JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE enter the appearance of the undersigned on behalf of the Defendants in the above-captioned matter. DATE: V 23/0 e JOHNSON, DUFFIE, STEWART & WEIDNER IPefferson J. Shipman,'Esquire .D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendants CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing 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 April 23, 2008: W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER 40fferson J. Shipmbn, Esquire D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant 330593 t^ °C Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com Attorneys for Defendants THOMAS W. RUSSELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-241 ALEX BAILEY and CIVIL ACTION - LAW DOROTHEA BAILEY, Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO: W. Scott Henning, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 YOU ARE REQUIRED to plead to the within Answer and New Matter within 20 days of service hereof or a default judgment may be entered against you. , DUFFIE, STEWART & WEIDNER Date: June Z, 2008 J !!is-on J. Shipman, Esquire I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendants Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendants Phone: (717) 761-4540 E-mail: jjs@jdsw.com THOMAS W. RUSSELL, Plaintiff V. ALEX BAILEY and DOROTHEA BAILEY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-241 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS' ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW, come the Defendants, Alix Bailey and Dorothea Bailey, by and through their counsel, Jefferson J. Shipman and Johnson, Duffle, Stewart, and Weidner and file the following Answer to Plaintiff's Complaint: 1. Admitted upon information and belief. 2. Admitted except as to the spelling of the Defendant's name. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 6 and same are therefore denied, and strict proof is demanded at the time of trial. 7. Admitted upon information and belief. 8. Admitted. 9. Admitted. 10. Admitted. 11. Denied. The averments contained in paragraph 11 are conclusions of law and facts to which no response is required. COUNT I - NEGLIGENCE THOMAS W. RUSSELL V. ALIX BAILEY 12. Mr. Bailey incorporates herein by reference his answers to Paragraphs 1 through 11 above as though fully set forth herein at length. 13. Denied. The averments contained in Paragraph 13 and subparagraphs (a) - (n) 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. 14. Denied. The averments contained in Paragraph 14 are in part conclusion of law and fact to which no response is required. After reasonable investigation, Mr. Bailey is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 14 and the same is therefore denied. After reasonable investigation, the defendants are without sufficient knowledge or information 2 to form a belief as to the truth of the averments contained in paragraph 6 and the same are therefore denied. 15. Denied. The averments contained in Paragraph 15 are in part conclusion of law and fact to which no response is required. After reasonable investigation, Mr. Bailey is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 15 and the same is therefore denied. After reasonable investigation, the defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 15 and the same are therefore denied. 16. Denied. The averments contained in Paragraph 16 are in part conclusion of law and fact to which no response is required. After reasonable investigation, Mr. Bailey is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 16 and the same is therefore denied. After reasonable investigation, the defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 16 and the same are therefore denied. 17. Denied. The averments contained in Paragraph 17 are in part conclusion of law and fact to which no response is required. After reasonable investigation, Mr. Bailey is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 17 and the same is therefore denied. After reasonable investigation, the defendants are without sufficient knowledge or information 3 to form a belief as to the truth of the averments contained in paragraph 17 and the same are therefore denied. 18. Denied. The averments contained in Paragraph 14 are in part conclusion of law and fact to which no response is required. After reasonable investigation, Mr. Bailey is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 14 and the same is therefore denied. After reasonable investigation, the defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 6 and the same are therefore denied. 19. Denied. The averments contained in Paragraph 19 are in part conclusion of law and fact to which no response is required. After reasonable investigation, Mr. Bailey is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 19 and the same is therefore denied. After reasonable investigation, the defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 19 and the same are therefore denied. 20. Denied. The averments contained in Paragraph 20 are in part conclusion of law and fact to which no response is required. After reasonable investigation, Mr. Bailey is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 20 and the same is therefore denied. After reasonable investigation, the defendants are without sufficient knowledge or information 4 to form a belief as to the truth of the averments contained in paragraph 20 and the same are therefore denied. 21. Denied. After reasonable investigation, Mr. Bailey is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 21 and the same are therefore denied. Therefore, the Defendant Alix Bailey respectfully requests that judgment be entered in his favor. COUNT 11- NEGLIGENCEINEGLIGENT ENTRUSTMENT THOMAS W. RUSSELL v. DOROTHEA BAILEY 22. Ms. Bailey incorporates herein by reference her answers to Paragraphs 1 through 21 above as though fully set forth herein at length. 23. Admitted. 24. Denied. The averments contained in Paragraph 24 are conclusion 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. 25. Denied. The averments contained in Paragraph 25 and subparagraphs (a) - (c) 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. 26. Denied. The averments contained in Paragraph 26 are in part conclusions of law and fact to which no response is required. After reasonable investigation, Ms. Bailey is without sufficient knowledge and information to form a belief as to the truth of the remaining averments of Paragraph 26 and the same are therefore denied, and strict proof is demanded at the time of trial. 5 27. Denied. The averments contained in Paragraph 27 are in part conclusions of law and fact to which no response is required. After reasonable investigation, Ms. Bailey is without sufficient knowledge and information to form a belief as to the truth of the remaining averments of Paragraph 27 and the same are therefore denied, and strict proof is demanded at the time of trial. 28. Denied. The averments contained in Paragraph 28 are in part conclusions of law and fact to which no response is required. After reasonable investigation, Ms. Bailey is without sufficient knowledge and information to form a belief as to the truth of the remaining averments of Paragraph 28 and the same are therefore denied, and strict proof is demanded at the time of trial. 29. Denied. The averments contained in Paragraph 29 are in part conclusions of law and fact to which no response is required. After reasonable investigation, Ms. Bailey is without sufficient knowledge and information to form a belief as to the truth of the remaining averments of Paragraph 29 and the same are therefore denied, and strict proof is demanded at the time of trial. 30. Denied. The averments contained in Paragraph 30 are in part conclusions of law and fact to which no response is required. After reasonable investigation, Ms. Bailey is without sufficient knowledge and information to form a belief as to the truth of the remaining averments of Paragraph 30 and the same are therefore denied, and strict proof is demanded at the time of trial. 31. Denied. The averments contained in Paragraph 31 are in part conclusions of law and fact to which no response is required. After reasonable investigation, Ms. 6 Bailey is without sufficient knowledge and information to form a belief as to the truth of the remaining averments of Paragraph 31 and the same are therefore denied, and strict proof is demanded at the time of trial. 33. Denied. The averments contained in Paragraph 33 are in part conclusions of law and fact to which no response is required. After reasonable investigation, Ms. Bailey is without sufficient knowledge and information to form a belief as to the truth of the remaining averments of Paragraph 33 and the same are therefore denied, and strict proof is demanded at the time of trial. 37. Denied. After a reasonable investigation, Ms. Bailey is without sufficient knowledge or information to form a belief as to the truth of the averment contained in Paragraph 37 and the same are therefore denied, and strict proof is demanded at the time of trial. WHEREFORE, the Defendant Dorothea Bailey respectfully requests that judgment be in her favor and that Plaintiffs Complaint be dismissed with prejudice. NEW MATTER By way of additional answer and reply, the Defendants interposes the following New Matter defenses: 38. That the Plaintiffs alleged cause of action may be barred in whole or in part by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 39. That if it should be found that there was any negligence on the part of the answering Defendants, which is denied, then in that event any such negligence was not a proximate cause or factual cause of the Plaintiff's alleged harm. 7 40. That the Plaintiff was himself comparatively negligent. 41. That the Plaintiff may have assumed the risk of injuries. 42. That the Plaintiff may have failed to mitigate his injuries and/or damages. 43. That the accident may have been caused by an intervening and superseding cause. 44. That the accident may have been caused by the negligence of third parties or entities not presently involved in this action. WHEREFORE, the Defendants, Alix Bailey and Dorothea Bailey, respectfully request that judgment be entered in their favor and that Plaintiffs Complaint be dismissed with prejudice. Date: June t, 2008 331728 Respectfully submitted, JOHN , DUFFIE, STEWART & WEIDNER B Je rs n J. Ship n, Esquire A orney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants 8 VERIFICATION I, Alix Bailey, 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. * IAPWI-? Alix Bailey Date: 331748 VERIFICATION I, Dorothea Bailey, 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 unswom 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. 150rothea Bailey Date: 331748 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage ozp- prepaid, in Lemoyne, Pennsylvania, on June , 2008: W. Scott Henning, Esquire Handier, Henning and Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 Attorney for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER 64ffe4rs&n J. Ship an, Esquire I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendants c. ? 4 . 3 4 rri - .may W. Scott Henning, Esq. I.D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiff Fax : (717) 233-3029 E-mail: Henninad-HIRLaw.com THOMAS W. RUSSELL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-241 ALIX BAILEY and DOROTHEA BAILEY CIVIL ACTION - LAW Defendants PLAINTIFF'S REPLY TO NEW MATTER Now, comes the Plaintiff, Thomas W. Russell, by and through his counsel, HANDLER, HENNING & ROSENBERG, LLP, W. Scott Henning, Esq., and replies to Defendants' New Matter as follows: 38. Denied. The allegation set forth in Paragraph 38 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable court deems a response necessary, it is denied that the Plaintiffs cause of action is barred in whole or in part by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, and proof to the contrary is demanded at the trial in this matter. 39. Denied. The allegation set forth in Paragraph 39 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable court deems a response necessary, it is denied that the subject motor vehicle collision and the negligence of the Defendants was not the proximate cause or factual cause of the Plaintiff's injuries and harm, and proof to the contrary is demanded at the trial in this matter. 40. Denied. The allegation set forth in Paragraph 40 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable court deems a response necessary, it is denied that the Plaintiff was comparatively or contributorily negligent with regard to the cause of the motor vehicle collision, and proof to the contrary is demanded at the trial in this matter. 41. Denied. The allegation set forth in Paragraph 41 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable court deems a response necessary, it is denied that the Plaintiff assumed the risk of his injuries, and proof to the contrary is demanded at the trial in this matter. 42. Denied. The allegation set forth in Paragraph 42 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable court deems a response necessary, it is denied that the Plaintiff has failed to mitigate his injuries and/or damages, and proof to the contrary is demanded at the trial in this matter. 43. Denied. The allegation set forth in Paragraph 43 is a conclusion of 2 law to which no responsive pleading is required, however, to the extent that the Honorable court deems a response necessary, it is denied that the accident was caused by an intervening or superceding cause so as to relieve the Defendants from liability for the Plaintiffs injuries and resulting damages, and proof to the contrary is demanded at the trial in this matter. 44. Denied. It is denied that the motor vehicle collision was caused by the negligence of third parties or entities not presently involved in the action, and proof to the contrary is demanded at the trial in this matter. WHEREFORE, the Plaintiff, Thomas W. Russell, requests the Honorable Court to enter judgment in his favor and against the Defendants, Alix Bailey and Dorothea Bailey for the relief set forth in his Complaint. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: ? 6 - -?J ff t By W. Scott E: I . D. #32298 1300 Linglestown RJ Harrisburg, PA 1711( (717) 238-2000 Attorneys for Plaintiff 3 VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) W. SCOTT HENNING, ESQUIRE, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. Date: ` aZV W. SCOTT HENNING, THOMAS W. RUSSELL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-241 ALIX BAILEY and DOROTHEA BAILEY CIVIL ACTION - LAW Defendants CERTIFICATE OF SERVICE On the 9th day of June, 2008, 1 hereby certify that a true and correct copy of Plaintiff's Reply To New Matter was served upon the following by depositing in U.S. Mail; Mr. Jefferson J. Shipman, Esq. Johnson, Duffie, Stewart & Weidner, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Very truly yours, HANDLEAR, HENOW" ROSENBERG. LLP W. Scott Henning Henning@hhHaw.com WSH/tgd m - jrn N cr) e. 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 THOMAS W. RUSSELL, V. Attorney for Defendants IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ALEX J. BAILEY AND DOROTHEA L BAILEY, Defendant NO: 2008-241 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Attorneys for Plaintiff As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoenas has been received; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. JOHNSON, DUFFIE, STEWART & WEIDNER d?,?.?ea» By J Jeffe n J. Shipman, Esquire I . D. #: 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendant DATE: ?J?? 9 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, first class, postage prepaid, in Lemoyne, Pennsylvania, on May 4, 2009: W. Scott Henning, Esquire Handler, Henning and Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 Attorney for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By Jefferson J. Shipman, Esquire I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 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 THOMAS W. RUSSELL, V. Attorney for Defendants : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA ALEX J. BAILEY AND DOROTHEA L BAILEY, Defendant NO: 2008-241 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Attorneys for Plaintiff PLEASE TAKE NOTICE that Defendants intend to serve six (6) 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. JOHN", DUFFIE, STEWART & WEIDNER By Jefferson J. Shipman, Esquire I.D. #: 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendant DATE: qh) CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, certified, postage prepaid, in Lemoyne, Pennsylvania, on April 13, 2009: W. Scott Henning, Esquire Handler, Henning and Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 Attorney for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By Jefferson J. Shipman, Esquire I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Thomas W. Russell, Plaintiff vs. Alex J. Bailey and Dorothea L. Bailey, Defendants File No. 08-241 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Sadler 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 Thomas W. Russell DOB: 4/26/89 SSN: 212-25-4401 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 DATE: ,Is D Sea o the Court BY THE COURT: Ptothonotar jIGW, ivision Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Thomas W. Russell, Plaintiff vs. Alex J. Bailey and Dorothea L. Bailey, Defendants File No. 08-241 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Mark P. Holencik (a)- Conservative Orthopedics (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 Thomas W. Russell DOB: 4/26/89 SSN: 212-25-4401 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: DATE: # 8 O`I Sea o the Court Jefferson J. Shipman. Esquire 301 Market Street Lemoyne, PA 17043 717-761-4540 51785 Defendant BY THE COURT: e_"*W4& - rothonota Civi ivision Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Thomas W. Russell Plaintiff vs. File No. 08-241 Alex J. Bailey and Dorothea L. Bailey, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Appalachian Orthopedic 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 Thomas W Russell DOB: 4/26/89 SSN: 212-25-4401 at Johnson, Du_ffie. 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 if. 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: A??744- Proffionota_ryiG416-rk, Ci it Division Deputy DATE: v{ 08 O _ Seal f th Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Thomas W. Russell, Plaintiff vs. Alex J. Bailey and Dorothea L. Bailey, Defendants File No. 08-241 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Regional Medical Center (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: CT of T-12 dated 6/22104. X-rav of thoracic spine dated 6/22104 (ACTUAL FILMS) pertaining to Thomas W Russell DOB: 4/26/89 SSN: 212-25-4401 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 if. 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 DATE: 4 ALO? Seal of he Court BY THE COURT: P 4CivVilvision Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Thomas W. Russell, Plaintiff vs. Alex J. Bailey and Dorothea L. Bailey, Defendants File No. 08-241 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Walnut Bottom Radiology (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 of lumbar spine dated 10/11/04 MRI of thoracic spine dated 10118/04. CT of lumbar spine dated 2/11/05 CT of cervical spine dated 2/11105 (ACTUAL FILMS) pertaining to Thomas W. Russell DOB: 4/26/89 SSN: 212-25-4401 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 DATE: p Seal o th Court BY THE COURT: ?i&6670 &,)m - Pr honotary/9 , Ci Division Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Thomas W. Russell, Plaintiff vs. Alex J. Bailey and Dorothea L. Bailey, Defendants File No. 08-241 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Tristan Associates (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 of lumbar spine dated 118107 (ACTUAL FILMS) pertaining to Thomas W. Russell DOB: 4/26/89 SSN: 212-25-4401 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 compel Irng 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 Civ'1 ivision Deputy DATE: $ ) _ Seal of the Court (Eff. 7/97) ()F Tpl- 1009 MAY -5) Pm 1: E- Curtly. (] ?N. PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: for JURY trial at the next term of civil court. ? for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) THOMAS W. RUSSELL, (Plaintiff) (check one) )9 Civil Action -Law ? Appeal from arbitration vs. (other) ALEX BAILEY and DOROTHEA BAILEY (Defendants) The trial list will be called on 10/20/09 Trials commence on 11/16/09 Pretrials will be held on 10/28/09 (Briefs are due S days before pretrials) No. 08-241 Civil Term Indicate the attorney who will try case for the parry who files this praecipe: Jefferson J ShipmanEsquire Counsel for Defendants Indicate trial counsel for other parties if known: W Scott Henning Esquire Counsel for Plaintiff This case is ready for trial. Sign d: Print Name: Jefferson J. Shipman Date: August 4, 2009 Attorney for: Defendants 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 postage prepaid, in Lemoyne, Pennsylvania, on August 4, 2009: W. Scott Henning, Esquire Handler, Henning and Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 Attorney for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER e erson J. S ipman IJ- 2E0 9 AU -LG -r;5) c : i a G: I r, r i 1 OD ?a? a4 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: jjs@,jdsw.com (717) 761-4540 THOMAS W. RUSSELL, Plaintiff V. Attorney for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 2008-241 CIVIL TERM CIVIL ACTION - LAW ALEX J. BAILEY AND DOROTHEA L. BAILEY, Defendant JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Attorneys for Plaintiff 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, DUFFIE, STEWART & WEIDNER ?yt?rewt-- By Jefferson J. Shipman, Esquire I.D. #: 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendant DATE: q) ql b l CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, first class, postage prepaid, in Lemoyne, Pennsylvania, on September 4, 2009: W. Scott Henning, Esquire Handler, Henning and Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 Attorney for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By Jefferson J. Shipman, Esquire I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 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 THOMAS W. RUSSELL, V. Attorney for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO: 2008-241 CIVIL TERM CIVIL ACTION - LAW ALEX J. BAILEY AND DOROTHEA L BAILEY, Defendant : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Attorneys for Plaintiff PLEASE TAKE NOTICE that Defendants intend to serve one (1) subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned objections to the subpoena. If no objections are made, the subpoena may be served. JOHNSON, DUFFIE, STEWART & WEIDNER By Jeffers n J. Shipman, Esquire I.D. #: 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendant DATE: C?j3/ O CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, via Facsimile and by depositing the same in the United States Mail, certified, postage prepaid, in Lemoyne, Pennsylvania, on September 3, 2009: W. Scott Henning, Esquire Handler, Henning and Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 Attorney for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By Jefferson J. Shipman, Esquire I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant Thomas W. Russell, Plaintiff vs. Alex J. Bailey and Dorothea L. Bailey, Defendants File No. 08-241 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Walnut Bottom Radiolo (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: MRIs of lumbar spine dated 1128108 and 5/28/09 (ACTUAL FILMS) pertaining to Thomas W Russell DOB: 4/26/89 SSN: 212-25-4401 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: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Jefferson J. Shipman, Esquire 301 Market Street Lemoyne, PA 17043 717-761-4540 51785 Defendant DATE: 2 D Seal of the Court (Eff. 7/97) BY THE COURT: OF THE t P-'CMTA?Y 2009 SEP -8 Pit Z : i G #4 LIZBANIA HYPES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLV?ANI= VS : NO. 08-241 CIVIL TERM c? C C --4 -0 Fn KEYSTONE LODGING ENTERPRISES: CIVIL ACTION - LAW U'. N D/B/A SLEEP INN, Defendant JURY TRIAL DEMANDED IN RE: PRETRIAL CONFERENCE A pretrial conference was held on Wednesday, October 28, 2009, before the Honorable Edward E. Guido, Judge. Present for the Plaintiff was David Lutz, Esquire, and present for the Defendant was Jefferson Shipman, Esquire. This is a slip and fall case in which liability and damages are hotly contested. The parties estimate that it will take two days to try. Defense counsel has two other cases on the list. Plaintiff is from North Carolina. Both parties would request that this be defense counsel's first case. There are no complicated evidentiary or legal issues. The parties have raised the relevance of the Plaintiff's immigration status. While we feel that it is probably irrelevant, we will allow the trial judge that determination. he Court ward E. David L. Lutz, Esquire For the Plaintiff Jefferson J. Shipman, Esquire For the Defendant Court Administrator :mlc , J. #4 LIZBANIA HYPES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 08-241 CIVIL TERM ? ?- t2 C?. C--i? KEYSTONE LODGING ENTERPRISES: CIVIL ACTION - LAW 7 N ?0 D/B/A SLEEP INN, Defendant JURY TRIAL DEMANDED IN RE: PRETRIAL CONFERENCE C_ Z A pretrial conference was held on Wednesday Ocd&nb4' 28, 2009, before the Honorable Edward E. Guido, Judge. Present for the Plaintiff was David Lutz, Esquire, and present for the Defendant was Jefferson Shipman, Esquire. This is a slip and fall case in which liability and damages are hotly contested. The parties estimate that it will take two days to try. Defense counsel has two other cases on the list. Plaintiff is from North Carolina. Both parties would request that this be defense counsel's first case. There are no complicated evidentiary or legal issues. The parties have raised the relevance of the Plaintiff's immigration status. While we feel that it is probably irrelevant, we will allow the trial judge that determination. he Court David L. Lutz, Esquire For the Plaintiff Jefferson J. Shipman, Esquire For the Defendant Court Administrator :mlc J. THOMAS W. RUSSELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-241 ALEX BAILEY and CIVIL ACTION - LAW DOROTHEA BAILEY, Defendants JURY TRIAL DEMANDED VOLUNTARY DISCONTINUANCE PURSUANT TO Pa. R.C.P. 229 It is hereby stipulated and agreed by and between, W. Scott Henning, Esquire, counsel for Plaintiff, and Jefferson J. Shipman, Esquire, counsel for Defendants, that Defendant Dorothea Bailey is dismissed from the case with prejudice. W. ScoWHenning, Attorney I.D. No. 322981 Handler, Henning & Ro,. 1300 Linglestown Road Harrisburg, PA 17110 Attorney for Plaintiff Date: 11113p9 AAMAk Je r J. Shipm , Esquire Attorney I.D. No. 51785 Johnson, Duffie, Stewart & Weidner, P.C. P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendants Date: )?li3?p9 s g .cx) rIL04Iy C& aiSQ3 R=O' a33rs3 •- ''4 THOMAS W. RUSSELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ALIX BAILEY, NO. 2008 - 0241 CIVIL TERM Defendant VERDICT STATE THE AMOUNT OF DAMAGES SUSTAINED BY THE PLAINTIFF AS A RESULT OF DEFENDANT'S NEGLIGENCE. i( )q z. a DAT $ coo, C6 FFOREPERSOZI f ' In the Court of Commons Pleas f of Cumberland County, PA., THOMAS W. RUSSELL Docket No. 2008-241 Judge: GUIDO --- V S ALEX BAILEY AND DOROTHEA BAILE Attorney: Attorney: Date: A/ y JURORS No. Juror # NAMES OF JURORS CALLED CAUSE P D 1 IMIIIMMI/MIIMMII NOV16-333 GAGNON, MICHAEL J Mon HO b 1 3 I010MN/¦/M¦ NOV16-125 ALBRIGHT, MARY E 4 11111MIIMMMI/M11 NOV16-327 P 5 IMIIMmommon NOV16-113 WAY, BRENTON E 6 IM1/¦/MI/EMI NOV16-107 VARNER, DAVID L 7 IMF/IM/MIMIMI? NOV16-344 LEE MAN, THOMAS E MNER NOV16-277 ?j 9 IM1//M111EMIN1 NOV16-39 BUCHER, DEAN J 10 IM 98M6810 NOV16-97 GOTT, SHARON K 11 11MIM//M/MM NOV16-89 EINHOUSE, JAMES H 12 111111MIMIMmMMII1 NOV16-120 13 IMNI/IMNEMMM NOV16-302 HULL, ASHLEY L -MM-M-ff 9- N Q 2- 15 11MOMIMIMMIM111 NOV16-86 =ON EuDOM- , 16I1M881119MIMN NOV16-243 DUPJ1AM,LJIM K 17 110//AMM1/20 NOV16-49 VEVASIS, ANTHONY J 18 I MENNIIMIMII NOV16-246 PAXTON, DAVID A 01i IN, 111 N MUM*- 1 - b 20 iNIMNN/IM//MINI 1 11MIM II111U NOV16-235 OV16-54 PETERS, WILLIAM E ANDERSON, M 111111111111MIIMIINIIIIIIN NOV16-279 LM S !, TINA M . r i r THOMAS W. RUSSELL -- V S ---- ALEX BAILEY AND DOROTHEA BAILE UR In the Court of Commons Pleas of Cumberland County, PA., Docket No. 2008-241 Judge: GUIDO Attorney: Attorney: Date: ORS No. Juror # NAMES OF JURORS CALLED CAUSE P D 23 IIIIIIIIIINININNIMII ?OV16-158 BARR, DAVID L 24 IIIINII?IrNINNNNNI N 616-11 MILLEN, JANENE M 25 IINIINIINNNINMIIII NOVl 325 WERTZ, MARK L 26 IIIImIBIINNNINIII NOV16- 0 GREGORY, ROBE L , 27 IIIINIINEMINIII NOV16-252 KREITZER, A IN ZLA G 28 IIIINNU MNNI1NII NOV16-330 LITTLE, JIAXI ES E 29 ININNNIINNIIIINNI NOV16-186 4NTYIEVA M 30 IIIINIININNNNIIINNI NOV16-105 MC NNA, ALBERT S .. 32 IIIINNNINIININIIIII NOV16-10 MENT , PAMELA J 33 IMEN ONII0NII NOVl -34 HORNING, AVID A 34 IIIINIIIIIIINIINIIIII N 16-188 QUIGLEY, M TTHEW H 35 IIIINNNINwNIININII NOV16-58 HRESTAK, SHA E 36 37 38 39 40 41 42 43 44 HANDLER HENNING & ROSENBERG, LLP By: W. Scott Henning, Esquire Attorneys for Plaintiff 1300 Linglestown Road Harrisburg, PA 17110 Phone: (717) 238-2000 E-mail: Held@hhriaw.com THOMAS W. RUSSELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-241 ALEX BAILEY and CIVIL ACTION - LAW DOROTHEA BAILEY, : Defendants JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: PLEASE mark the above-captioned matter satisfied and discontinued with prejudice. Respectfully submitted, HANDLER, HENNING 5&R ENBERG, LLP By: W. Scott Hennin E: Attorney I.D. No 3 1300 Linglesto a Harrisburg, PA 1711 Telephone (717) 238 Attorneys for Plaintiff Date: [ ?-/r i/C-7 LED-C., ICE --t , HE ^rr )F ± 1: )`l!nh.I L ;wr 2099 DEC 17 € K 2: 2 0 CUi J ? `