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HomeMy WebLinkAbout08-3198Y ? *1 Aom ?' LITULAKIS Wayne Melnick, Esquire Attorney I.D. No.: 53150 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 DANIEL COBAUGH, 2340 WAGGONERS GAP RD. CARLISLE, PA 17013 Plaintiff V. TENA BROWN AND ERIC BROWN, 304 SHERMAN AVENUE CARLISLE, PA 17013 Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA FILE NO. Q g 3 1 4 b CIVIL ACTION-LAW TO THE PROTHONOTARY OF SAID COURT: PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS Kindly issue a Writ of Summons in the above-captioned action. Respectfully Submitted, ABOM & KUTULAKIS, LLP / / 1 ?/CIA 1-? l Wayne Melnick, Esquire, Attorney I.D. #53150 Abom & Kutulakis, LLP 36 South Hanover Street Carlisle, PA 17013 lv ? .,'t DANIEL COBAUGH, 2340 WAGGONERS GAP RD CARLISLE, PA 17013 V. TENA BROWN AND ERIC BROWN, 304 SHERMAN AVENUE CARLISLE, PA 17013 Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA FILE NO. CIVIL ACTION-LAW ?g-319? WRIT OF SUMMONS You are notified that Daniel Cobaugh has commenced an action against you. ' Y" Date: UJ'ol 'Q Px onotary Deputy Prothonotary ,10 A ° ?n rT- 0 3 o ys ?: ? - ? c Q ? CASE NO: 2008-03198 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COBAUGH DANIEL VS BROWN TENA ET AL DENNIS FRY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon BROWN TENA the DEFENDANT at 2119:00 HOURS, on the 27th day of May , 2008 at 304 SHERMAN AVENUE CARLISLE, PA 17013 TENA BROWN by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.00 Postage .59 Surcharge 10.00 /olor ? .00 33 .59 Sworn and Subscibed to before me this of So Answers: R. Thomas Kline 05/28/2008 ABOM & KUTALAKIS By: day eputy er f A. D. CASE NO: 2008-03198 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COBAUGH DANIEL VS BROWN TENA ET AL DENNIS FRY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon BROWN ERIC the DEFENDANT , at 2119:00 HOURS, on the 27th day of May 2008 at 304 SHERMAN AVENUE CARLISLE, PA 17013 TENA BROWN, WIFE a true and attested copy of WRIT OF SUMMONS and at the same time directing Her attention to the contents thereof. SHERIFF'S RETURN - REGULAR by handing to together with Sheriff's Costs: Docketing Service Affidavit Surcharge 616 V/&- ?-? So Answers: 6.00 a? .00 .00 10.00 R. Thomas Kline 00 1 05/28/2008 ABOM & KUTALAKIS Sworn and Subscibed to before me this of By 7- day Deputy heriff A.D. QOM & UTULAKIS Wayne Melnick, Esquire Attorney I.D. No.: 53150 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 DANIEL COBAUGH, individually PLEAS And in his own right and as parent Of Emily Cobaugh, Lea Cobaugh, and Seth Cobaugh, minors 2340 WAGGONERS GAP RD. CARLISLE, PA 17013 Plaintiffs V. IN THE COURT OF COMMON . CUMBERLAND COUNTY, PA . FILE NO. 08-3198 TENA BROWN AND ERIC BROWN, 304 SHERMAN AVENUE CARLISLE, PA 17013 Defendants CIVIL ACTION-LAW TO DEFENDANT TENA BROWN AND ERIC BROWN: NOTICE TO DEFEND AND CLAIM RIGHTS 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 an 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 FOR BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9180 or (717) 249-3166 OM & LITULAKIS Way., Melnick, Esquire Attorney I.D. No.: 53150 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 DANIEL COBAUGH, individually And in his own right and as parent Of Emily Cobaugh, Lea Cobaugh, and Seth Cobaugh, minors 2340 WAGGONERS GAP RD. CARLISLE, PA 17013 Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA FILE NO. 08-3198 TENA BROWN AND ERIC BROWN, 304 SHERMAN AVENUE CARLISLE, PA 17013 Defendants CIVIL ACTION-LAW TO THE PROTHONOTARY OF SAID COURT: COMPLAINT 1. Plaintiff, Daniel Cobaugh, is an adult individual residing at 2340 Waggoners Gap Road, Carlisle, Pennsylvania 17013. 2. Emily Cobaugh is a minor child in joint custody of Plaintiff, Daniel Cobaugh and Defendant, Tena Brown. 3. Lea Cobaugh is a minor child in joint custody of Plaintiff, Daniel Cobaugh and Defendant, Tena Brown. 4. Seth Cobaugh is a minor child in joint custody of Plaintiff, Daniel Cobaugh and Defendant, Tena Brown. 5. Defendant, Tena Brown, is an adult individual residing at 304 Sherman Avenue, Carlisle, Pennsylvania 17013. 6. Defendant, Eric Brown, is an adult individual residing at 304 Sherman Avenue, Carlisle, Pennsylvania 17013. COUNT I-ASSAULT AND BATTERY-DEFENDANT TENA BROWN 7. Plaintiff incorporates by reference paragraphs 1 through 6 herein. 8. On May 25, 2006, in the County of Cumberland, Defendant, Tena Brown, violently assaulted Plaintiff with a frying pan on and about various parts of his body. Tena Brown further struck Plaintiff violently with her fists on and about Plaintiff s head and face. 9. Plaintiff's minor children Seth and Lea, witnessed the assault by Defendant Tena Brown upon Plaintiff. 10. Plaintiff's minor child Emily was present and heard the assault by Defendant Tena Brown upon Plaintiff. 11. The actions of the Defendant Tena Brown described in this Count were done willfully, wantonly, and with conscious disregard for the rights of the Plaintiff. Defendant Tena Brown's conduct in this regard was a result of an evil motive or reckless indifference to the rights of Plaintiff. 12. As a result of Defendant, Tena Brown's assault and battery, carelessness and recklessness of foresaid, Plaintiff, has suffered the following damages: a. He has been forced to incur consider medical costs and expenses in the cure and treatment of his injuries and will be forced to incur considerable future medical costs and expenses in the continuing care of his injuries into the future; b. He has suffered a loss of earnings and an impairment of his future earning capacity; c. Pain, suffering, emotional distress, inconvenience, anguish, and embarrassment; d. He has suffered a diminution in the quality of his life and the loss of the ordinary pleasures of life; e. He has been forced to incur considerable costs and expenses in the cure and treatment of his children, particularly Emily Cobaugh, and will be forced to incur considerable future counseling and treatment expense; f. Other general damages. 13. As further result of Defendant, Tena Brown's assault and battery, Plaintiff suffered great pain, and was hindered and prevented from performing his usual affairs and business including maintaining his then current employment. 14. As a further result of Defendant's assault and battery, Plaintiff has been forced to expend various sums of money in and about endeavoring to cure himself of his injuries and replacing his salary and benefits. WHEREFORE, Plaintiff Daniel Cobaugh claims compensatory and punitive damages against Defendant Tena Brown for an amount in excess of jurisdictional limits of the Arbitration Division of the Court of Common Pleas of Cumberland County, Pennsylvania and/or for an amount in excess of $50,000. COUNT II-INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS- DEFENDANT TENA BROWN 15. Plaintiff incorporates by reference paragraphs 1 through 14 herein. 16. Defendant Tena Brown carried out her May 25, 2006, assault on Plaintiff, Daniel Cobaugh in full view of Plaintiffs minor children Seth and Lea, and within earshot of Plaintiff s minor child Emily. Being forced to witness Defendant Tena Brown's assault on their father, has caused severe emotional distress to the above-named minor children. 17. Tena Brown's conduct in assaulting Plaintiff in view and earshot of the above-named minor children is outrageous in character and so extreme as to go beyond all bounds of decency, is atrocious and utterly intolerable in any civilized society. 18. As a result of Defendant, Tena Brown's assault and battery upon Plaintiff, Plaintiff's minor children have suffered emotional distress. 19. As a result of Defendant Tena Brown's assault and battery upon Plaintiff in full view of Plaintiffs minor children Seth and Lea, and within earshot of Plaintiffs minor child Emily, Plaintiff has incurred considerable costs and expenses in the cure and treatment of his children, and will be forced to incur considerable future counseling and treatment expense. WHEREFORE, Plaintiff Daniel Cobaugh claims compensatory and punitive damages against Defendant Tena Brown for an amount in excess of jurisdictional limits of the Arbitration Division of the Court of Common Pleas of Cumberland County, Pennsylvania and/or for an amount in excess of $50,000. COUNT III - NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS-DEFENDANT TENA BROWN 20. Plaintiff incorporates by reference paragraphs 1 through 19 herein. 21. Tena Brown's conduct in assaulting Plaintiff in view and earshot of the above-named minor children is outrageous in character and so extreme as to go beyond all bounds of decency, is atrocious and utterly intolerable in any civilized society. 22. As a result of Defendant, Tena Brown's assault and battery upon Plaintiff, Plaintiff's minor children have suffered emotional distress. 23. As a result of Defendant Tena Brown's assault and battery upon Plaintiff in front of the minor children named above, Plaintiff has incurred considerable costs and expenses in the cure and treatment of his children, and will be forced to incur considerable future counseling and treatment expense. WHEREFORE, Plaintiff Daniel Cobaugh claims compensatory and punitive damages against Defendant Tena Brown for an amount in excess of jurisdictional limits of the Arbitration Division of the Court of Common Pleas of Cumberland County, Pennsylvania and/or for an amount in excess of $50,000. COUNT IV - ASSAULT AND BATTERY-DEFENDANTS TENA BROWN AND ERIC BROWN 24. Plaintiff incorporates by reference paragraphs 1 through 23 herein. 25. On April 22, 2007, in the County of Cumberland, Defendant Eric Brown assaulted Defendant with a ratchet wrench or similar metal object violently on or about various parts of his body. Eric Brown further struck Plaintiff violently with his fists on and about Plaintiffs head and body. 26. Defendant, Tena Brown conspired with Defendant Eric Brown to commit the assault and battery perpetrated by Eric Brown against Plaintiff, including, but not limited to, providing Defendant Eric Brown with the time and date when Plaintiff would be in the location where the assault could take place. 27. Plaintiffs minor children Lea, and Emily witnessed the assault by Defendant Tena Brown upon Plaintiff Daniel Cobaugh. 28. As a result of Defendant, Tena Brown's assault and battery, carelessness and recklessness of foresaid, the Plaintiff, Daniel Cobaugh, has suffered the following damages: a. He has been forced to incur consider medical costs and expenses in the cure and treatment of his injuries and will be forced to incur considerable future medical costs and expenses in the continuing care of his injuries into the future; b. He has suffered a loss of earnings and an impairment of his future earning capacity; c. Pain, suffering, emotional distress, inconvenience, anguish, and embarrassment; d. He has suffered a diminution in the quality of his life and the loss of the ordinary pleasures of life; e. He has been forced to incur considerable costs and expenses in the cure and treatment of his children, particularly Emily Cobaugh, and will be forced to incur considerable future counseling and treatment expense; f. Other general damages WHEREFORE, Plaintiff Daniel Cobaugh claims compensatory and punitive damages against the Defendants Tena Brown and Eric Brown, for an amount in excess of jurisdictional limits of the Arbitration Division of the Court of Common Pleas of Cumberland County, Pennsylvania and/or for an amount in excess of $50,000. COUNT V. - INTENTIONAL INFLICTION EMOTIONAL DISTRESS DEFENDANTS TENA BROWN AND ERIC BROWN 29. Plaintiff incorporates by reference paragraphs 1 through 28 herein. 30. Defendants Tena Brown and Eric Brown carried out their April 22, 2007, assault on Plaintiff, Daniel Cobaugh in full view of the minor children Lea, and Emily. Being forced to witness Defendants Tena Brown and Eric Browns assault on their Daniel Cobaugh, has caused severe emotional distress to the above-named minor children. 31. Defendants Tena Brown and Eric Brown's conduct in assaulting Daniel Cobaugh in view of the above-named minor children is outrageous in character and so extreme as to go beyond all bounds of decency, is atrocious and utterly intolerable in any civilized society. 32. As a result of Defendants Tena Brown and Eric Brown's assault and battery upon Plaintiff Daniel Cobaugh in front of the minor children named above, Plaintiff has incurred considerable costs and expenses in the cure and treatment of his children and will be forced to incur considerable future counseling and treatment expense. WHEREFORE, Plaintiff Daniel Cobaugh claims compensatory and punitive damages against the Defendants Tena Brown and Eric Brown, for an amount in excess of jurisdictional limits of the Arbitration Division of the Court of Common Pleas of Cumberland County, Pennsylvania and/or for an amount in excess of $50,000. COUNT VI - NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS- DEFENDANTS TENA BROWN AND ERIC BROWN 33. Plaintiff incorporates by reference paragraphs 1 through 32 herein. 34. Defendants Tena Brown and Eric Brown's conduct in assaulting Daniel Cobaugh in view of the above-named minor children is outrageous in character and so extreme as to go beyond all bounds of decency, is atrocious and utterly intolerable in any civilized society. 35. As a result of Defendants Tena Brown and Eric Brown's assault and battery upon Plaintiff Daniel Cobaugh in front of the minor children named above, Plaintiff has incurred considerable costs and expenses in the cure and treatment of his children and will be forced to incur considerable future counseling and treatment expense. WHEREFORE, Plaintiff Daniel Cobaugh claims compensatory and punitive damages against the Defendants Tena Brown and Eric Brown, for an amount in excess of jurisdictional limits of the Arbitration Division of the Court of Common Pleas of Cumberland County, Pennsylvania and/or for an amount in excess of $50,000. JURY TRIAL DEMANDED Date: 01 Respectfully Submitted, ABOM & KUTULA"S LLP Wayne Melnick, Esquire Attorney I.D. #53150 Abom & Kutulakis, LLP 36 South Hanover Street Carlisle, PA 17013 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of Pa.C.S. §4904, relating to unsworn falsification to authorities. e-2-0 / Date Daniel Cobaugh CERTIFICATE OF SERVICE AND NOW, this a& day of August, 2008, I, Wayne Melnick, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, postage prepaid addressed to the following: Hannah Herman-Snyder, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 Respectfully submitted, Abom & Kutulakis, L.L.P. ayne M hick, Esquire r-} =rat ?? ??. .-a C, % k " r i . `_ F? t "".? "?i 4_ ?.? r .W+ ' FARLEWfients\7122 Hyatt\334\334.pral Created: 9/20/04 0:06PM Revised: 9/22/08 3:52PM Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants Eric and Tena Brown DANIEL COBAUGH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-3198 CIVIL ACTION - LAW TENA BROWN and ERIC BROWN, Defendants JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON LAW OFFICES on behalf of the Defendants, Tena Brown and Eric Brown, in the above matter. MARTSON LAW OFFICES By o ?V/N- /-- Christopher E. Rice, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants Dated: September 22, 2008 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Wayne S. Melnick, Esquire Abom & Kutulakis 36 South Hanover Street Carlisle, PA 17013 MARTSON LAW OFFICES By cia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 22, 2008 G m j.4 4?n Ln F:\FILES\Clients\7122 Hyatt\334\7122.334.Ans\rnas Created: 9/20/04 0:06PM Revised: 10/ 1 /08 11:21 AM 11458.3 Christopher E. Rice, Esquire I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants DANIEL COBAUGH, individually, IN THE COURT OF COMMON PLEAS OF And in his own right and as parent of CUMBERLAND COUNTY, PENNSYLVANIA EMILY COBAUGH, LEA COBAUGH, and SETH COBAUGH, minors, Plaintiffs, V. NO. 08-3198 CIVIL ACTION - LAW TENA BROWN and ERIC BROWN, Defendants. JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Daniel Cobaugh and his attorney, Wayne Melnick, Esquire 36 South Hanover Street Carlisle, Pennsylvania 17013 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE DEFENDANT'S NEW MATTER AND COUNTERCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. MARTSON LAW OFFICES By: Dated: October 1, 2008 (2"a S ?C. Christopher E. Rice, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants Christopher E. Rice, Esquire I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants DANIEL COBAUGH, individually, And in his own right and as parent of EMILY COBAUGH, LEA COBAUGH, and SETH COBAUGH, minors, Plaintiffs, V. TENA BROWN and ERIC BROWN, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3198 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND COUNTERCLAIM AND NOW, come the Defendants, Tena Brown and Eric Brown, by their attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and answer the allegations set forth in the Complaint as follows: 1. Admitted. 2. Admitted 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. COUNT I - ASSAULT & BATTERY - DEFENDANT TENA BROWN 7. Answers to Paragraphs 1 through 6 are incorporated herein by reference. 8. Admitted in part and Denied in part. It is admitted that Defendant Tena Brown struck Plaintiff with a fiying pan. It is denied that Defendant Tena Brown otherwise violently assaulted Plaintiff. 9. Admitted in part and denied in part. It is admitted that minor children Seth and Lea were present at the time of the altercation. It is denied that Defendant Tena Brown assaulted Plaintiff Daniel Cobaugh. 10. Admitted. 11. Denied as conclusions of law and pursuant to Pa. R.C.P. 1029(e). By way of further response, it is denied that Defendant Tena Brown's conduct was the result of an evil motive or reckless indifference. 12. (a-f) Denied as conclusions of law and pursuant to Pa. R.C.P. 1029(e). By way of further response and upon reasonable investigation, the Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments and therefore they are denied. Strict proof is demanded at trial. 13. Upon reasonable investigation, the Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments and therefore they are denied. Strict proof is demanded at trial. 14. Upon reasonable investigation, the Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments and therefore they are denied. Strict proof is demanded at trial. COUNT II - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS - DEFENDANT TENA BROWN. 15. Answers to Paragraphs 1 through 14 are incorporated herein by reference. 16. Admitted in part and denied in part. It is admitted that minor children Seth and Lea were present, and that minor child Emily was within earshot. It is denied that Defendant Tena Brown assaulted Plaintiff. 17. Denied as conclusions of law and pursuant to Pa. R.C.P. 1029(e). 18. Denied as conclusions of law and pursuant to Pa. R.C.P. 1029(e). By way of further response, any alleged emotional distress suffered by named minor children is the result of Plaintiff's own conduct. Strict proof is demanded at trial. 19. Upon reasonable investigation, the Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments and therefore they are denied. Strict proof is demanded at trial. COUNT III - NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS-DEFENDANT TENA BROWN 20. Answers to Paragraphs 1 through 19 are incorporated herein by reference. 21. Denied as conclusions of law and pursuant to Pa. R.C.P. 1029(e). 22. Denied as conclusions of law and pursuant to Pa. R.C.P. 1029(e). By way of further response, any alleged emotional distress suffered by named minor children is the result of Plaintiff s own conduct. Strict proof is demanded at trial. 23. Upon reasonable investigation, the Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments and therefore they are denied. Strict proof is demanded at trial. COUNT IV - ASSAULT AND BATTERY - DEFENDANTS TENA BROWN AND ERIC BROWN 24. Answers to Paragraphs 1 through 23 are incorporated herein by reference. 25. Admitted in part and denied in part. It is admitted that Defendant Eric Brown struck Plaintiff Daniel Cobaugh with his fist. It is denied that any wrench or similar object was used. 26. Denied. Defendants did not conspire to harm Plaintiff Daniel Cobaugh, but rather, acted in self defense. 27. Admitted. 28. (a-f) Denied as conclusions of law and pursuant to Pa. R.C.P. 1029(e). By way of further response and upon reasonable investigation, the Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments and therefore they are denied. Strict proof is demanded at trial. COUNT V - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS - DEFENDANTS TENA BROWN AND ERIC BROWN 29. Answers to Paragraphs 1 through 28 are incorporated herein by reference. 30. Upon reasonable investigation, the Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments and therefore they are denied. Strict proof is demanded at trial. 31. Denied as conclusions of law and pursuant to Pa. R.C.P. 1029(e). By way of further response and upon reasonable investigation, the Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments and therefore they are denied. Strict proof is demanded at trial. 32. Denied as conclusions of law and pursuant to Pa. R.C.P. 1029(e). By way of further response and upon reasonable investigation, the Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments and therefore they are denied. Strict proof is demanded at trial. COUNT VI - NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS - DEFENDANTS TENA BROWN AND ERIC BROWN 33. Answers to Paragraphs 1 through 32 are incorporated by reference herein. 34. Denied as conclusions of law and pursuant to Pa. R.C.P. 1029(e). By way of further response and upon reasonable investigation, the Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments and therefore they are denied. Strict proof is demanded at trial. 35. Denied as conclusions of law and pursuant to Pa. R.C.P. 1029(e). By way of further response and upon reasonable investigation, the Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments and therefore they are denied. Strict proof is demanded at trial. NEW MATTER COUNT I - AFFIRMATIVE DEFENSE - JUSTIFICATION 36. Answers to Paragraphs 1 through 35 are incorporated herein by reference. 37. Defendant Tena Brown married Defendant Eric Brown on September 15, 2007. 38. On May 25, 2006, Plaintiff threatened Defendant Tena Brown with bodily harm and reached towards her face, violently removing her glasses. 39. On that same date, Defendant Tena Brown, reasonably believing that force was immediately necessary to defend herself, struck Plaintiff with a nearby frying pan. 40. On that same date, immediately following the altercation between Plaintiff and Defendant Tena Brown, Plaintiff called the police, and misrepresented the situation in his favor. 41. On April 22, 2007, Plaintiff and Defendant Tena Brown had agreed to deviate from their regular custody exchange schedule, and exchange custody of their children at a different place and time. 42. On that same date, Plaintiff failed to arrive at the agreed time and place. 43. Thereafter, when Plaintiff finally arrived at a much later time, he exited his car and approached Defendants, visibly enraged and in a threatening manner. 44. Thereafter, Plaintiff proceeded to assault and batter Defendant Tena Brown by pushing and shoving her, while screaming threats at her. 45. Thereafter, while witnessing Plaintiff assault Defendant Tena Brown, Defendant Eric Brown believed it immediately necessary to protect her. 46. Thereafter, reasonably believing such force was absolutely necessary to protect Defendant Tena Brown, Defendant Eric Brown struck Plaintiff Daniel Cobaugh once in the head, and otherwise constrained him until police arrived. 47. Upon speaking with police, Plaintiff once again misrepresented the situation to police in his favor. 48. Because Defendant Tena Brown was in the process of contesting custody with Plaintiff, she decided against filing charges against Plaintiff. WHEREFORE, Defendants demand judgment be entered in their favor and against Plaintiff, and that Plaintiff's Complaint be dismissed with prejudice. COUNTER CLAIM COUNT I - ASSAULT AND BATTERY: TENA BROWN V. DANIEL COBAUGH 49. Paragraphs 1 through 48 are incorporated herein by reference. 50. On April 22, 2007, in the County of Cumberland, Plaintiff assaulted Defendant Tena Brown by pushing and shoving her violently while threatening her and Defendant Eric Brown. 51. Defendant Tena Brown's minor children witnessed the assault by Plaintiff upon Defendant Tena Brown. 52. As a result of Plaintiff's assault and battery, carelessness and recklessness, Defendant Tena Brown has suffered, among other things, the following damages: a. Pain, suffering, emotional distress, inconvenience, anguish, and embarrassment, b. A diminution in the quality of her life and the loss of the ordinary pleasures of life, and c. Impairment of her relationship with her children. WHEREFORE, Defendant Tena Brown claims compensatory and punitive damages against Plaintiff Daniel Cobaugh for an amount in excess of the arbitration limits of the Court of Common Pleas of Cumberland County, Pennsylvania. COUNT II - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS: TENA BROWN V. DANIEL COBAUGH 53. Paragraphs 1 through 52 are incorporated herein by reference. 54. Plaintiff carried out his May 25, 2006, assault on Defendant Tena Brown intending to cause her to suffer severe emotional distress. 55. Plaintiffs conduct in assaulting Defendant Tena Brown was outrageous in character and so extreme so as to exceed all bounds of decency in a civilized society. 56. Plaintiff's conduct has in fact caused Defendant Tena Brown to suffer severe emotional distress. WHEREFORE, Defendant Tena Brown claims compensatory and punitive damages against Plaintiff Daniel Cobaugh for an amount in excess of the arbitration limits of the Court of Common Pleas of Cumberland County, Pennsylvania. COUNT III - NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS: TENA BROWN V. DANIEL COBAUGH 57. Paragraphs 1 through 56 are incorporated herein by reference. 58. Plaintiff's conduct in assaulting Plaintiff was outrageous in character and so extreme so as to exceed all bounds of decency in a civilized society. 59. Plaintiff s conduct has caused Defendant Tena Brown to suffer emotional distress. WHEREFORE, Defendant Tena Brown claims compensatory and punitive damages against Plaintiff Daniel Cobaugh for an amount in excess of the arbitration limits of the Court of Common Pleas of Cumberland County, Pennsylvania. MARTS N LAW OFFICES By; S Christopher E. Rice, Esquire I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: /0-.-/ ,, 0 b CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Answer was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Wayne S. Melnick, Esquire Abom & Kutulakis 36 South Hanover Street Carlisle, PA 17013 MARTSON LAW OFFICES By G/t4,iq ? l l . O-U? Wrice Ten E t High Street Carlisle, PA 17013 (717) 243-3341 Dated: October 1, 2008 VERIFICATION The foregoing Response is based upon information which has been gathered by our counsel in the preparation of the lawsuit. The language of the document is that of counsel and not our own. We 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 our knowledge, information and belief. To the extent that the content of the document is that of counsel, we have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if we make knowingly false averments, we may be subject to criminal penalties. 1? Ono 16&tou Tena Brown Eric Brown C-I C= ca ABOM & jCUTLiLAKIS Wayne Melnick, Esquire Attorney I. D. No.: 53150 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 DANIEL COBAUGH, individually And in his own right and as parent Of Emily Cobaugh, Lea Cobaugh, and Seth Cobaugh, minors 2340 WAGGONERS GAP RD. CARLISLE, PA 17013 Plaintiffs V. TENA BROWN AND ERIC BROWN, 304 SHERMAN AVENUE CARLISLE, PA 17013 Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA FILE NO. 08-3198 CIVIL ACTION-LAW NOTICE TO PLEAD You are hereby notified that you have twenty (20) days in which to plead to the enclosed New Matter or default judgment may be entered against you. Date: 0 ABOM & KUTULAKIS, LLP ayne elnick, Esquire Attorney I.D. #53150 Abom & Kutulakis, LLP 36 South Hanover Street Carlisle, PA 17013 TABOM & &u l LILAKIS WIlyne Melnick, Esquire Attorney I.D. No.: 53150 36 Soutb Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 DANIEL COBAUGH, individually And in his own right and as parent Of Emily Cobaugh, Lea Cobaugh, and Seth Cobaugh, minors 2340 WAGGONERS GAP RD. CARLISLE, PA 17013 Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA FILE NO. 08-3198 TENA BROWN AND ERIC BROWN, 304 SHERMAN AVENUE CARLISLE, PA 17013 Defendants CIVIL ACTION-LAW TO THE PROTHONOTARY OF SAID COURT: PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND COUNTERCLAIM AND NEW MATTER REPLY TO NEW MATTER 36. No responsive pleading necessary. i 37. Admitted. 38. Denied. It is specifically denied that Plaintiff threatened Defendant, Tena Brown with bodily harm, reached toward her face, or violently removed her glasses. 39. Admitted in part, denied in part. It is admitted that Tena Brown struck Plaintiff with a frying pan. It is denied as a conclusion of law that Defendant, Tena Brown, reasonably believed that force was immediately necessary to defend herself. 1 Paragraphs 1-35 contain Defendant's Answer to Plaintiff's Complaint. 40. Denied. It is specifically denied that Plaintiff misrepresented the situation to police. 41. The allegation of paragraphs 41 of Defendant's New Matter are denied pursuant to Pa.R.C.P. 1029(e). 42. The allegation of paragraphs 42 of Defendant's New Matter are denied pursuant to Pa.R.C.P. 1029(e). 43. The allegation of paragraphs 43 of Defendant's New Matter are denied pursuant to Pa.R.C.P. 1029(e). 44. The allegation of paragraphs 44 of Defendant's New Matter are denied pursuant to Pa.R.C.P. 1029(e). 45. The allegation of paragraphs 45 of Defendant's New Matter are denied pursuant to Pa.R.C.P. 1029(e). 46. Admitted in part, denied in part. Admitted that Defendant Eric Brown struck Plaintiff, Daniel Cobaugh in the head. It is specifically denied that Defendant, Eric Brown struck Plaintiff, Daniel Cobaugh only once. It is further denied as a conclusion of law that Defendant, Eric Brown reasonably believed that such force was absolutely necessary to protect Defendant, Tena Brown. 47. Denied. It is specifically denied that Plaintiff misrepresented the situation to police. 48. After reasonable investigation, Plaintiff is without information or knowledge sufficient to form a belief as to the truth or falsity of the averments contained in paragraph 48 of Defendant's New Matter. Accordingly, said allegation is denied and strict proof thereof is demanded at the time of Trial. ANSWER TO COUNTERCLAIM COUNT I - ASSAULT AND BATTERY 49. 1-48 are incorporated herein by reference as if set forth at length. 50. Denied. Specifically denied that Plaintiff assaulted Defendant, Tena Brown by pushing and shoving her violently or threatening her or Defendant, Eric Brown. 51. The allegation of paragraphs 51 of Defendant's New Matter are denied pursuant to Pa.R.C.P. 1029(e). 52. (a, b, c) The allegation of paragraphs 52 (a, b, c) of Defendant's New Matter are denied pursuant to Pa.R.C.P. 1029(e). 53. Paragraphs 1-52 are incorporated herein by reference as if set forth at length. COUNT II. - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 54. The allegation of paragraphs 54 of Defendant's New Matter are denied pursuant to Pa.R.C.P. 1029(e). 55. Denied as a conclusion of law and pursuant to Pa.R.C.P. 1029(e). 56. Denied as a conclusion of law and pursuant to Pa.R.C.P. 1029(e). COUNT III - NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS 57. Paragraphs 1-56 are incorporated herein by reference as if set forth at length. 58. Denied as a conclusion of law and pursuant to Pa.R.C.P. 1029(e). 59. Denied as a conclusion of law and pursuant to Pa.R.C.P. 1029(e). PLAINTIFF'S NEW MATTER 1. To the extent that discovery in this case and the facts produced at Trial demonstrate the availability of any affirmative defenses preserved by virtue of the provisions of the Pennsylvania Rules of Civil Procedure, the Plaintiff reserves the right to offer such facts in support of any such affirmative defenses so preserved. 2. Plaintiff reserves the right to amend this Answer and New Matter to plead the i existence of any additional affirmative defenses that may become available or known to the Plaintiff in the course of discovery of this case or subsequent to the time of filing of this Answer and New Matter. 3. Any alleged damages suffered by Defendant's were caused by the carelessness, recklessness, negligence, and/or intentional conduct of Defendant's as more fully set out in Plaintiff s Complaint paragraphs 1-35. 4. Plaintiff pleads the affirmative defense of justification with respect to Defendant's allegations of May 25, 2006. As more fully described in Plaintiff's Complaint paragraphs 1-35, Plaintiff acted reasonably believing any force used was absolutely necessary to protect himself from the assault by Defendant, Tena Brown. 5. Plaintiff pleads the affirmative defense of justification with respect to Defendant's allegations of April 22, 2007. As more fully described in Plaintiff's Complaint paragraphs 1-35, Plaintiff acted reasonably believing any force used was absolutely necessary to protect himself from the assault by Defendant, Eric Brown. Respectfully Submitted, Date: ABOM & KUTULAKIS, LLP Wayne Me ck, Esquire Attorney I.D. #53150 Abom & Kutulakis, LLP 36 South Hanover Street Carlisle, PA 17013 CERTIFICATE OF SERVICE st" AND NOW, this day of October, 2008, I, Wayne Melnick, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND COUNTERCLAIM AND NEW MATTER, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, postage prepaid addressed to the following: Christopher Rice, Esquire Ten East High Carlisle, PA 17013 Respectfully submitted, Abom & Kutulakis, L Wayne Melnick, Esquire r" c..n F:\FILES\C1irntsl7122 Hyatt1334\7122.334.Ans.PlaintitTsNewM8tter\mas Created: 9120/04 0:06PM Revised: 10/27/08 8:33AM 11458.3 Christopher E. Rice, Esquire I.D. No. 90916 Jacob M. Theis, Esquire I.D. No. 208631 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants DANIEL COBAUGH, individually, And in his own right and as parent of EMILY COBAUGH, LEA COBAUGH, and SETH COBAUGH, minors, Plaintiffs, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3198 CIVIL ACTION - LAW TENA BROWN and ERIC BROWN, Defendants. JURY TRIAL DEMANDED ANSWER TO PLAINTIFF'S NEW MATTER AND NOW, come the Defendants, Tena Brown and Eric Brown, by their attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and answer the allegations set forth in Plaintiffs' New Matter as follows: 1. No responsive pleading required. 2. No responsive pleading required. 3. Denied as conclusions of law and pursuant to Pa. R.C.P. 1029(e). 4. Denied as conclusions of law and pursuant to Pa. R.C.P. 1029(e). 5. Denied as conclusions of law and pursuant to Pa. R.C.P. 1029(e). MARTSON LAW OFFICES Dated: / 0/a- 7/GCJ By. ? Q f? S /C Christopher E. Rice, Esquire I.D. No. 90916 Jacob M. Theis, Esquire I.D. No. 208631 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Answer was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Wayne S. Melnick, Esquire Abom & Kutulakis 36 South Hanover Street Carlisle, PA 17013 MARTSON LAW OFFICES By: - /f MN ) ?q. -04j?- M Price Ten E t High Street Carlisle, PA 17013 (717) 243-3341 Q? Dated: l ? Ja 71 c°; .? ?; w?tiJ Y w ? r ., =' _ ^ -?" _ _ TB 0M & lu ULAKIS Cason 1'. Kutulakis, Esquire :Attorney I.D. #: 80411 2 West I Ggh Strect Carlisle, PA 17013 (717) 249-0900 DANIEL COBAUGH, individually And in his own right and as parent of Emily Cobaugh, Lea Cobaugh, and Seth Cobaugh, minors, 2340 WAGGONERS GAP RD. CARLISLE, PA 17013 Plaintiffs V. TENA BROWN AND ERIC BROWN, 304 SHERMAN AVENUE CARLISLE, PA 17013 Defendants i 2P 12 M 19 PM SUM 4 ENt4 LvP'SI 1 IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY, PA FILE NO. 08-3198 CIVIL ACTION-LAW PLAINTIFF'S MOTIONS IN LIMINE AND NOW, this 19th day of July, 2012, comes Daniel F. Cobaugh, Plaintiff in the above-captioned case, by and through his counsel, Jason P. Kutulakis of Abom and Kutulakis LLP, and respectfully files the foregoing Motion in Limine, and in support avers as follows: I. MOTION IN LIMINE TO PRECLUDE DEFENDANT ERIC BROWN FROM ASSERTING DEFENSES OF JUSTIFICATION DEFENSE OF SELF OR DEFENSE OF OTHERS 1) On April 22, 2007, Defendant Eric Brown assaulted Plaintiff by striking Plaintiff's head and body with a metal object and his fists. These facts form the basis of Count IV of Plaintiff's complaint as to Defendant Eric Brown. 2) As a result of this incident, Defendant Eric Brown was charged criminally at docket CR-21-CR-1514-2007. 3) Defendant Eric Brown entered a guilty plea to one (1) count of simple assault. Transcript of Guilty Plea and Sentencing is attached to the Instant Motion. 4) In the Defendants' Answer to Plaintiff's complaint, it is admitted that Defendant Eric Brown did strike Plaintiff with his fists. Defendants aver this action was justified as necessary to protect Defendant Tena Brown. 5) The operative facts necessary for a non-summary criminal conviction may be admitted as conclusive facts in civil suit arising from the same event. See Commonwealth Department of Transportation v Mitchell, 517 Pa. 203, 535 A.2d 581 (1987); In re. Estate of Klein, 474 Pa. 416,378 A.2d 1182 (1987); Folino v Young, 523 Pa. 532, 568 A.2d 171 (1990). 6) Regarding civil litigation of those factual matters already disposed of in criminal court, the Pennsylvania Supreme Court has stated: The defendant was presented with more than ample opportunity to overcome the charges lodged against him while he was swathed in a cloak of presumed innocence. His case was [presented to a jury which found him guilty beyond a reasonable doubt], upon the same facts which are now urged as the basis for his civil liability. To now hold that the effect of those jury determinations is nil not only would be to fly in the face of reason but would also be a general indictment of the whole American jury system. The defendant should not now be heard to deny that which was established by his prior criminal conviction, without proof that his conviction was procured by fraud, perjury or some manner of error now sufficient to upset the conviction itself ...No valid reason exists why he should be given a chance to try his luck with another jury. Hurtt v Stirone, 416 Pa. 493, 498-99, 206 A.2d 624, 626-27 (1965). 7) In accordance with Hurtt, Defendant Eric Brown should not now be permitted to assert that his violent actions towards Plaintiff were in defense of himself or Defendant Tena Brown or otherwise legally justified, having already admitted his criminal culpability and having foregone the opportunity to assert such a defense while still of presumed innocence. 8) Undersigned counsel has contacted Christopher Rice, Esquire, counsel for Defendants, regarding his position; however, no response has been received as of the time of filing. WHEREFORE, the Plaintiff respectfully requests the Honorable Court grant this Motion in Limine and preclude evidence and testimony supporting the defenses of justification, defense of self and defense of others. II. MOTION IN LIMINE TO PRECLUDE DEFENSE OF FAILURE TO MITIGATE DAMAGES 9) Averments one (1) through eight (8) are incorporated herein by reference. 10) Defendants' pleadings have not averred a defense that Plaintiff failed to mitigate damages. 11) It is requested that the Court preclude any such assertion because Plaintiff has not been placed on notice that the same would be forthcoming. 12) Pa.R.C.P. 206.2 requires a defendant's answer to state the material facts which constitute the defense to the petition. 13) Undersigned counsel has contacted Christopher Rice, Esquire, counsel for Defendants, regarding his position; however, no response has been received as of the time of filing. WHEREFORE, the Plaintiff respectfully requests the Honorable Court grant this Motion in Limine and preclude evidence and testimony supporting a defense of failure to mitigate damages by the Plaintiff. Respectfully Submitted, ABOM & KUTULAKIS, LLP Jason K lakis, M -quire Atto ey I. . $0411 2 West High Street Carlisle, PA 17013 Attorney for Plaintiff CERTIFICATE OF SERVICE AND NOW, I, SHANNON FREEMAN, of ABOM & KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Plaintiff's Motions In Limine by First Class U.S. Mail at the following: Christopher Rice, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 IaSmon DATE: U ; / -V Freeman n OM & -A UTULAKIS Jason P. Kutulakis, lisquire Vtomev T.D. #: 80411 2 West high Street Carlisle, PA 17013 (717) 249-0900 DANIEL COBAUGH, individually And in his own right and as parent of Emily Cobaugh, Lea Cobaugh, and Seth Cobaugh, minors, 2340 WAGGONERS GAP RD. CARLISLE, PA 17013 Plaintiffs V. TENA BROWN AND ERIC BROWN, 304 SHERMAN AVENUE CARLISLE, PA 17013 Defendants {_ nr F ! .. Tf f?liv Jf ..:d V c 9 P4 7 CUP13ERLANo C0Jp11-`/ PENh4SYLVAiNIA IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY, PA NO. 08-3198 CIVIL ACTION-LAW PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AS TO DEFENDANT ERIC BROWN AT COUNT IV AND NOW, this 19th day of July, 2012, comes Daniel F. Cobaugh, Plaintiff in the above-captioned case, by and through his counsel, Jason P. Kutulakis of Abom and Kutulakis LLP, and respectfully files the foregoing Motion for Summary Judgment as to Damages Caused by Defendant Eric Brown, and in support avers the following: 1) On April 22, 2007, Defendant Eric Brown assaulted Plaintiff by striking Plaintiff s head and body with a metal object and his fists. These facts form the basis of Count IV of Plaintiff's complaint as to Defendant Eric Brown. 2) As a result of this incident, Defendant Eric Brown was charged criminally at docket CR-21-CR-1514-2007. 3) Defendant Eric Brown entered a guilty plea to one (1) count of simple assault. 4) In the Defendants' Answer to Plaintiff's complaint, it is admitted that Defendant Eric Brown did strike Plaintiff with his fists. Defendants aver this action was justified as necessary to protect Defendant Tena Brown. 5) A Motion for Summary Judgment is proper "whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense which could be established by additional discover." Pa.R.C.P. 1035.2 6) Regarding Count IV of Plaintiff's complaint, there is no genuine issue of material fact regarding assault and battery of Plaintiff by Defendant Eric Brown. 7) Defendant Eric Brown admitted the operative facts of this cause of action via guilty plea to the charge of simple assault at CP-21-CR-1514-2007. 8) On December 15, 2008, Defendant Eric Brown appeared for Pre-Trial Conference in Cumberland County Court to enter a guilty plea to simple assault, whereupon the following exchange occurred on the record: [District Attorney] MR. SMITH: The facts of this case, Sunday, April 22, 2007, about three o'clock, the victim in this case, Daniel Cobaugh, who was - who has children with Tena Cobaugh. Tena is now married - THE DEFENDANT: My wife. MR. SMITH: Is Eric Brown's wife. Daniel Cobaugh was dropping off the kids to Tena when he got into an argument with Eric Brown. Eric Brown then punched him in the face with a closed fist and struck him with a metal object. He sustained injury, bruising, and did go to the hospital. Restitution in this case would be $1,540.85 to the Victim's Compensation Fund. THE COURT: Can I have this information, please? Sir, you heard what the District Attorney has said you did. If you, in fact, did those things, you could be found guilty beyond a reasonable doubt of the charge of Simple Assault. Do you understand that? THE DEFENDANT: Yes, Your Honor. THE COURT: Basically the nature of this offense is that you attempted by physical menace to put someone in fear of serious bodily injury. MR. SMITH: Your Honor, on the charge of Simple Assault - THE COURT: You are basically indicating that you caused bodily injury. Bodily injury in this Commonwealth consists merely of causing someone substantial pain. Do you understand that? THE DEFENDANT: Yes, Your Honor. THE COURT: This is just another form of what is recited here in the information. But at the time just before you struck this individual, if you had pulled your fist back and put him in fear of serious bodily injury, which is higher than bodily injury, that would also make out this offense. Did you, in fact, strike this man? THE DEFENDANT: Yes, Your Honor. THE COURT: Did you cause him then bodily injury, at least pain? THE DEFENDANT: Yes, Your Honor. THE COURT: I have before me your guilty plea colloquy, this rights form. Did you sign it? THE DEFENDANT: Yes, sir. THE COURT: Do you have any questions about your rights? THE DEFENDANT: No, Your Honor. Notes of Testimony, 12/15/2008, attached as Exhibit A. 9) Pursuant to Pa.R.C.P. 1035.2, a party may move for summary judgment in whole or in part as a matter of law whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense which could be established by additional discovery or expert report. 10) It is believed and therefore averred that Defendant Eric Brown's guilty plea to simple assault arising from the same incident as that which is presently alleged at Count IV establishes the operative facts of that Count, such that there is no issue of material fact or defense which could be established by additional discovery. 11) The operative facts necessary for a non-summary criminal conviction may be admitted as conclusive facts in civil suit arising from the same event. See Commonwealth Department of Transportation v Mitchell, 517 Pa. 203, 535 A.2d 581 (1987); In re: Estate ofKlein, 474 Pa. 416, 378 A.2d 1182 (1987); Folino v. Young, 523 Pa. 532, 568 A.2d 171 (1990). 12) Regarding civil litigation of those factual matters already disposed of in criminal court, the Pennsylvania Supreme Court has stated: The defendant was presented with more than ample opportunity to overcome the charges lodged against him while he was swathed in a cloak of presumed innocence. His case was [presented to a jury which found him guilty beyond a reasonable doubt], upon the same facts which are now urged as the basis for his civil liability. To now hold that the effect of those jury determinations is nil not only would be to fly in the face of reason but would also be a general indictment of the whole American jury system. The defendant should not now be heard to deny that which was established by his prior criminal conviction, without proof that his conviction was procured by fraud, perjury or some manner of error now sufficient to upset the conviction itself ...No valid reason exists why he should be given a chance to try his luck with another jury. Hurtt v Stirone, 416 Pa. 493, 498-99, 206 A.2d 624, 626-27 (1965). 13) In accordance with Hurtt, Defendant Eric Brown should not now be permitted to assert that his violent actions towards Plaintiff were in defense of himself or Defendant Tena Brown or otherwise legally justified, having already admitted criminal culpability for those actions and having foregone the opportunity to assert such a defense while still of presumed innocence. 14) Undersigned counsel has contacted Christopher Rice, Esquire, counsel for Defendants, regarding his position; however, no response has been received as of the time of filing. Respectfully Submitted, ABOM & KUTULAKIS, LLP P. Arney I.V. 80411 2 West High Street Carlisle, PA 17013 Attorney for Plaintiff COMMONWEALTH IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V : CP-21-CR-1514-2007 CHARGE: (1) SIMPLE ASSAULT ERIC BROWN AFFIANT: DET. TIMOTHY LIVELY OTN: K314246-2 IN RE: GUILTY PLEA & SENTENCE Proceedings held before the HONORABLE M. L. EBERT, Jr., J., Cumberland County Courthouse, Carlisle, Pennsylvania, on January 15, 2008, in Courtroom Number 5. APPEARANCES: MATTHEW P. SMITH, Esquire Senior Assistant District Attorney For the Commonwealth MICHAEL A. SCHERER, Esquire For the Defendant 1 January 15, 2008 2 MR. SMITH: Number 45, Eric Brown. 3 Your Honor, Mr. Brown is pleading guilty to 4 Count 1, Simple Assault. As a misdemeanor of the second 5 degree, it carries a potential fine of up to $5,000.00 6 and/or two years incarceration. This would be in full 7 satisfaction of all other charges at this docket. 8 THE COURT: Mr. Brown, you heard the District 9 Attorney recite the maximum penalty you could receive for 10 this charge. Do you understand that? 11 THE DEFENDANT: Yes, Your Honor. 12 MR. SMITH: As part of the agreement worked 13 out between the defense and the Commonwealth, we would ask 14 the Court to impose a probationary sentence in this matter. 15 THE COURT: Again, with a charge of Simple 16 Assault, is the victim agreeing to that? 17 MR. SMITH: The victim was concerned about 18 pleading it down to a lesser charge. What the victim wants 19 is an admission of guilt and restitution. 20 THE COURT: All right. 21 MR. SMITH: The facts of the case, Sunday, 22 April 22, 2007, about three o'clock, the victim in this 23 case, Daniel Cobaugh, who was -- who has children with a 24 Tena Cobaugh. Tena is now married -- 25 THE DEFENDANT: My wife. 2 1 MR. SMITH: Is Eric Brown's wife. Daniel 2 Cobaugh was dropping off the kids to Tena when he got into 3 an argument with Eric Brown. Eric Brown then punched him in 4 the face with a closed fist and struck him with a metal 5 object. He sustained injury, bruising, and did go to the 6 hospital. Restitution in this case would be $1,540.85 to 7 the Victims Compensation Fund. 8 THE COURT: Can I have this information, 9 please? Sir, you heard what the District Attorney has said 10 you did. If you, in fact, did those things, you could be 11 found guilty beyond a reasonable doubt of the charge of 12 Simple Assault. Do you understand that? 13 THE DEFENDANT: Yes, Your Honor. 14 THE COURT: Basically the nature of this 15 offense is that you attempted by physical menace to put 16 someone in fear of serious bodily injury. 17 MR. SMITH: Your Honor, on the charge of 18 Simple Assault -- 19 THE COURT: You are basically indicating that 20 you caused bodily injury. Bodily injury in this 21 Commonwealth consists merely of causing somebody substantial 22 pain. Do you understand that? 23 THE DEFENDANT: Yes, Your Honor. 24 THE COURT: This is just another form of what 25 is recited here in the information. But at the time just 3 1 before you struck this individual, if you had pulled your 2 fist back and put him in fear of serious bodily injury, 3 which is higher than bodily injury, that would also make out 4 this offense. Did you, in fact, strike this man? 5 THE DEFENDANT: Yes, Your Honor. 6 THE COURT: Did you cause him then bodily 7 injury, at least pain? 8 THE DEFENDANT: Yes, Your Honor. 9 THE COURT: I have before me your guilty plea 10 colloquy, this rights form. Did you sign it? 11 THE DEFENDANT: Yes, sir. 12 THE COURT: Do you have any questions about 13 your rights? 14 THE DEFENDANT: No, Your Honor. 15 THE COURT: Did you go over them with Mr. 16 Scherer? 17 THE DEFENDANT: Yes, sir. 18 THE COURT: The Commonwealth is indicating 19 that they are recommending a probationary sentence. Have 20 there been any other promises or agreements that I am not 21 aware of to get you to plead guilty here today? 22 THE DEFENDANT: No, Your Honor. 23 THE COURT: Do you understand you will be 24 responsible to make this restitution in the amount of 25 $1,540.85 to the Pennsylvania Crime Victim Compensation 4 1 Fund? 2 THE DEFENDANT: Yes, sir. 3 THE COURT: Knowing everything I have told 4 you, is it your desire to enter a plea of guilty at Count 1 5 to a charge of Simple Assault, a misdemeanor of the second 6 degree? 7 THE DEFENDANT: Yes, Your Honor. 8 THE COURT: We will accept the plea and enter 9 this Order: 10 AND NOW, this 15th day of January, 2008, the 11 defendant having appeared in open court together with his 12 counsel, Michael Scherer, Esquire, and having tendered a 13 plea of guilty at Count 1 to a charge of Simple Assault, a 14 misdemeanor of the second degree, in full satisfaction of 15 any other charges at this term and number, his plea is 16 accepted and recorded. 17 By the Court, 18 /s/ M. L. Ebert, Jr., J. 19 THE COURT: Would you like to be sentenced 20 now? 21 MR. SCHERER: That would be fine, Your Honor. 22 He is 44 years old. He has worked for UPS 23 Freight for 14 years. He is married to Tena. He has a 24 couple bad check charges from like 184, and he has got a 25 harassment I think from 188. 5 1 THE COURT: You are indicating that, Mr. 2 Smith, that this is a standard range sentence, probation. 3 MR. SMITH: It is a standard range sentence. 4 And, again, the victim is angry, hurt, and his main concern 5 is an admission of guilt and an admission that he did him 6 harm, and restitution. Of course, he would like to see him 7 go to jail forever. But this is within the guideline range 8 sentence and this is what we recommend to the Court. 9 THE COURT: Anything you would like to say, 10 sir? 11 THE DEFENDANT: No, Your Honor. 12 THE COURT: When I hear about this harassment 13 before, it seems like you have a bit of a temper. Do you 14 think you can control that? 15 THE DEFENDANT: Yes, Your Honor. 16 THE COURT: I am sure Mr. Scherer has 17 indicated how these things, they start to build up, and 18 every time you come back for something like this, it is 19 always a little more because your prior record score goes 20 up. 21 MR. SCHERER: He neglected to mention they 22 are in some kind of counseling, the victim, Mr. Brown and 23 Tena, designed to assist in the custody arrangements. 24 THE COURT: It sounds like this child is 25 Tena's and the victim's child too. 6 1 MR. SCHERER: There are three of them. 2 THE COURT: You understand that that is 3 probably going to go on for a long time. 4 THE DEFENDANT: We are in counseling now to 5 address that, sir. 6 THE COURT: Good. Are you waving 7 presentence? 8 MR. SCHERER: Yes, Your Honor. 9 THE COURT: Enter this Order: 10 AND NOW, this 15th day of January, 2008, the 11 defendant having presented himself for sentence, and having 12 waived presentence investigation, the sentence of the court 13 is that the defendant pay the costs of prosecution, a fine 14 of $100.00, that he undergo supervised probation for a 15 period of 12 months, and that he pay restitution to -- 16 MR. SMITH: Daniel -- 17 MR. SCHERER: The Crime Victims -- 18 THE COURT: Oh, yes -- the Pennsylvania Crin 19 Victims Compensation Board in the amount of $1,540.85. 20 By the Court, 21 /s/ M. L. Ebert, Jr., J 22 THE COURT: Would you like me to recite his 23 appellate rights? 24 MR. SCHERER: We will talk about those. 25 (Whereupon, the proceeding was concluded.) 7 W 1 2 3 CERTIFICATION 4 5 I hereby certify that the proceedings are 6 contained fully and accurately in the notes taken by me on 7 the above cause, and that this is a correct transcript of 8 same. 9 10 3 ? 11 M ri T. Farley, Official Court Reported 12 13 - - - - - -- - - - - - - - - - - - - - 14 15 16 The foregoing record of the proceedings on the 17 hearing of the within matter is hereby approved and direct 18 to be filed. 19 . 20 vq? .. 21 i Date M. L. Ebert, Jr., J. 22 Ninth Judicial District 23 24 25 8 CERTIFICATE OF SERVICE AND NOW, I, SHANNON FREEMAN, of ABOM & KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Plaintiff s Motions for Summary Judgment as to Defendant Eric Brown at Count IV, by First Class U.S. Mail at the following: Christopher Rice, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 DATE: C iZ annon Fre an , I 'n- N1 ) PRAECIPE FOR ? I rT, CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) ' -v3 TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter fo? nAf A t C -' - ' rgumen ourt.) Syr r-- ---------------------- -.v ``F -------------------------------------- CAPTION OF CASE --:Z - r - (entire caption must be stated in full)' Daniel Cobaugh, individually and in his own right and as parent of Emily Cb vs. Tena Brown and Eric Brown No 08-3198 Civil . Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Motion for Summary Judgment as to Defendant Eric Brown at Count IV 2. Identify all counsel who will argue cases: (a) for plaintiffs: Jason P. Kutulakis, 2 West High Street, Carlisle, PA 17013 (Name and Address) (b) for defendants: Christopher Rice, 10 East High Street, Carlisle, PA 17013 (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: September 7, 2012 jSign ur o'n L tc? Ki s Print your name Plaintiff Date: July 19, 2012 Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument . 2. The moving party shall file and serve their brief 14 days prior to argument . 3. The responding party shall file their brief 7 days prior to argument . 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted . 19 . a k4 Alom & 'Ir IS Jason P. Kutulakis, Esquire Attorney I.D. #: 80411 2 West High Street Carlisle, PA 17013 (717) 249-0900 DANIEL COBAUGH, individually And in his own right and as parent of Emiky Cobaugh, Lea Cobaugh, and Seth Cobaugh, minors, 2340 WAGGONERS GAP RD. CARLISLE, PA 17013 Plaintiffs V. TENA BROWN AND ERIC BROWN, 304 SHERMAN AVENUE CARLISLE, PA 17013 Defendants IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY, PA FILE NO. 08-3198 3 =ran CIVIL ACTION-LAW z J PLAINTIFF'S Ai14ENDED MOTIONS IN LIMINE AND NOW, this 26th day, of July, 2012, comes Daniel F. Cobaugh, Plaintiff in the above-captioned case, by and through his counsel, Jason P. Kutulakis of Abom and Kutulakis LLP, and respectfully files the foregoing Motion in Limine, and in support avers as follows: I. 1) On April 22, 2007, Defendant Eric Brown assaulted Plaintiff by striking Plaintiff s head and body with a metal object and his fists. These facts form the basis of Count IV of Plaintiff's complaint as to Defendant Eric Brown. 2) As a result of this incident, Defendant Eric Brown was charged criminally at docket CR-21-CR-1514-2007. T rn 1-` -gym -rl 3) Defendant Eric Brown entered a guilty plea to one (1) count of simple assault. Transcript of Guilty Plea and Sentencing is attached to the Instant Motion. J 4) In the Defendants' Answer to Plaintiff's complaint, it is admitted that Defendant Eric Brown did strike Plaintiff with his fists. Defendants aver this action was justified as necessary to protect Defendant Tena Brown. 5) The operative facts necessary for a non-summary criminal conviction may be admitted as conclusive facts in civil suit arising from the same event. See Commonwealth Department of Transportation v ,Wx chell, 517 Pa. 203, 535 A.2d 581 (1987); In re. Estate ofA n, 474 Pa. 416, 378 A.2d 1182 (1987); Folino v Young, 523 Pa. 532, 568 A.2d 171 (1990). 6) Regarding civil litigation of those factual matters already disposed of in criminal court, the Pennsylvania Supreme Court has stated: The defendant was presented with more than ample opportunity to overcome the charges lodged against him while he was swathed in a cloak of presumed innocence. His case was [presented to a jury which found him guilty beyond a reasonable doubt], upon the same facts which are now urged as the basis for his civil liability. To now hold that the effect of those jury determinations is nil not only would be to By in the face of reason but would also be a general indictment of the whole American jury system. The defendant should not now be heard to deny that which was established by his prior criminal conviction, without proof that his conviction was procured by fraud, perjury or some manner of error now sufficient to upset the conviction itself ...No valid reason exists why he should be given a chance to try his luck with another jury. Hurst v Stirone, 416 Pa. 493, 498-99, 206 A.2d 624, 626-27 (1965). 7) In accordance with Hurst, Defendant Eric Brown should not now be permitted to assert that his violent actions towards Plaintiff were in defense of himself or Defendant Tena Brown or otherwise legally justified, having already admitted his criminal culpability and having foregone the opportunity to assert such a defense while still of presumed innocence. 8) Currently, no Judge has issued a ruling on any matter in the instant case. 9) Undersigned counsel has contacted Christopher Rice, Esquire, counsel for Defendants, regarding his position; however, no response has been received as of the time of filing. WHEREFORE, the Plaintiff respectfully requests the Honorable Court grant this Motion in Limine and preclude evidence and testimony supporting the defenses of justification, defense of self and defense of others. II. 10) Averments one (1) through nine (9) are incorporated herein by reference. 11) Defendants' pleadings have not averred a defense that Plaintiff failed to mitigate damages. 12) It is requested that the Court preclude any such assertion because Plaintiff has not been placed on notice that the same would be forthcoming. 13) Pa.R.C.P. 206.2 requires a defendant's answer to state the material facts which constitute the defense to the petition. 14) Currently, no Judge has issued a ruling on any matter in the instant case. 15) Undersigned counsel has contacted Christopher Rice, Esquire, counsel for Defendants, regarding his position; however, no response has been received as of the time of filing. WHEREFORE, the Plaintiff respectfully requests the Honorable Courtgrant this Motion in Limine and preclude evidence and testimony supporting a defense of failure to mitigate damages by the Plaintiff. Respectfully Submitted, ABOM & KUTULA"S, LLP Jason P. Kutulakis, E ?c l Attorney I.D. 80411 2 West High Street Carlisle, PA 17013 Attorney for Plaintiff CERTIFICATE OF SERVICE AND NOW, I, SHANNON FREEMAN, of ABOM & KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Plaintiff s Motions In Limine by First Class U.S. Mail at the following: Christopher Rice, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 DATE: -7z annon Freem t F:\FILES\Clients\7122 Hyatt\7122.334 Brown\7122.334.Pra2 Created: 9/20/04 0:06PM Revised: 8/3/12 2:51PM David A. Fitzsimons, Esquire Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 41722 and 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants Eric and Tena Brown ED - ji AH 11: ('4 CUM RLAND co w PE' KS- YLVANI DANIEL COBAUGH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANI V. NO. 08-3198 CIVIL ACTION - LAW TENA BROWN and ERIC BROWN, Defendants JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of David A. Fitzsimons, Esquire, in addition to Christopher E. Ri Esquire, and Martson Law Offices on behalf of the Defendants, Tena Brown and Eric Brown, in above matter. MARTSO W OFFI B y David A. Fitzsimons, squire Christopher E. Rice, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants Dated: CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Jason P. Kutulakis, Esquire Abom & Kutulakis 36 South Hanover Street Carlisle, PA 17013 MARTSON LAW OFFICES By 1/1 If Tricia D. nroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: ?/(j l DANIEL COBAUGH, Individually and in his own right as parent of Emily Cobaugh, and Seth Cobaugh, minors, Plaintiff V. TENA BROWN and ERIC BROWN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 08-3198 CIVIL TERM IN RE: PLAINTIFF'S MOTION IN LIMINE ORDER OF COURT AND NOW, this 8 h day of August, 2012, upon consideration of Plaintiff's in Limine, this matter is deferred to the trial judge assigned to this case at the time of tri in this matter. ' Jason P. Kutulakis, Esq. 2 West High Street Carlisle, PA 17013 Attorney for Plaintiff ""Christopher Rice, Esq. 10 East High Street Carlisle, PA 17013 Attorney for Defendants :rc ci.led f ?/a, ,e-le'*6 BY THE COURT, c- r*1 Z C G'l c llaX- , Christyl L Peck J . . F f .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DANIEL COBAUGH, ET AL Vs. r t7? NO. 08-3198 ? TENA BROWN & ERIC BROWN ma; c f -?,.-? zth r- CERTIFICATE C3 PREREQUISITE TO SERVICE OF A SUBPOENA fa; PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena (s) for documents and Ihi.ngs-< pursuant to Rule 4009.22 DAVID A FITZSIMONS, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena (s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 09/04/12 DAVID A FITZSIMONS, ESQUIRE 10 E HIGH ST CARLISLE, PA 17013 717-243-3341 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3581 By: Robyn Feudo MLR File #: M403065 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DANIEL COBAUGH, ET AL Vs. TENA BROWN & ERIC BROWN I No. 08-3198 TO: JASON KUI'ULAKIS, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one (s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 08/13/12 DAVID A FITZSIMONS, ESQUIRE 10 E HIGH ST CARLISLE, PA 17013 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3581 By: Robyn Feudo Enc(s): Copy of subpoena(s) Counsel return card File #: 14403065 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DANIEL COBAUGH, ET AL Vs. Fi le No. TENA BROWN & ERIC BROWN 08-3198 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 TO: ORTHO INST OF PENNA, 3399 TRINDLE RD, CAMP HILL PA 17011 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court tc produce the following documents or thkg S at MEDICAL LEGAL REPRODUCTIONS (,Ac Nejs)4940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested t? this subpoena, together with the certificate of ccnpliance, to the party making thi; request at the address listed above. You have the right to seek in advance the rea,onablE 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 thin subpoena may seek a court orde,- cxn pe l l i ng you to camp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DAVID A FITZSIMONS, ESQ ADDRESS: - 10 F T4T ..u T PA-17013 TELEPHONE: SUPREME COURT ID # 215 - 3 S5 - ATTORNEY FOR: M403065-01 49813 DEFENDANT DATE::' 7 19- Sea 1 of he rt T T Prothonotary/Clerk, Civil Division Deputy (Eff. T/97) ADDENDUM DANIEL COBAUGH, ET AL Vs. TENA BROWN & ERIC BROWN TO SUBPOENA No. 08-3198 CUSTODIAN OF RECORDS FOR: ORTHO INST OF PENNA ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA,',X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: DANIEL COBAUGH, JR ADDRESS: 2340 WAGGONERS GAP RD CARLISLE PA 17013 DATE OF 'BIRTH: 02/15/65 SSAN: XXXXX9974 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) X-RAYS Date CUMBERLAND M403065-01 ( ) PATIENT BILLING ( ) RECORDS / XRAYS have been destroyed Authorized signature or ORTHO INST OF PENNA * * * SIGN AND RETURN THIS PAGE * * * Ca%tDNWEALTH OF PENNSYLVANIA COON rY OF DANIEL COBAUGH, ET AL Vs. File No. 08-3198 TENA'BROWN & ERIC BROWN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 APPALACHIAN ORTHO CENTER, 220 WILSON ST, CARLISLE PA 17013 TO: (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 SPkgXTTACTMD ADDENDUM at _ IINN --- MEDICAL LEGAL REPRODUCTIONS(,Addrejs)4940 DISSTON ST. , PHILA., PA You may deliver or mail legible copies of the documents or produce things requested ti? th i s subpoena, together with the certificate of carp i i ance, to the party making th i request at they address listed above. You have the right to seek in advance the rea,:onablc cost of preparing the copies or producing the things sought. If you fai''1 to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thin, subpoena may seek a court orde"- cxxr pe l l i ng you to carp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DAVID A FITZSIMONS, ESQ ADDRESS: ^ 1 0 E H GH ST eAR131ESLE-1 PA 17013 TELEPHONE: SUPREME COURT ID # 215 - - ATTORNEY FOR: M403065-02 49813 DEFENDANT DATE : a- Seal of he Court BY THE COURT: 7 Prothonotary/Clerk, Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA DANIEL COBAUGH, ET AL Vs. No. 08-3198 TENA BROWN & ERIC BROWN CUSTODIAN OF RECORDS FOR: APPALACHIAN ORTHO CENTER ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, 'X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: DANIEL COBAUGH, JR ADDRESS: 2340 WAGGONERS GAP RD CARLISLE PA 17013 DATE OF 'BIRTH: 02/15/65 SSAN: XXXXX9974 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or APPALACHIAN ORTHO CENTER CUMBERLAND M403065-02 * * * SIGN AND RETURN THIS PAGE COMMONWEALTH OF PENNSYLVANIA COEINrY OF CUMBERIAND DANIEL COBAUGH, ET AL Vs. File No. TENA BROWN & ERIC BROWN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 08-3198 NORFOLK SOUTHERN CORP, 3 COMMERCIAL PLACE, NORFOLK VA 23510 TO: ATTN:' PERSONNEL DEPARTMENT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court tc produce the following documents or SW9XTTACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS (,Ad&rescs)4940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested tt; 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 rea.onablc 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 thii subpoena may seek a court orde. c=pe l l i ng you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DAVID A FITZSIMONS, ESQ ADDRESS: - IL F HIGH ST 17013 TELEPHONE: SUPREME COURT I D # 215 - 3 - ATTORNEY FOR: M403065-03 49813 DEFENDANT DATE : 4otjhe ( d? Seal Court BY THE COURT:' Prothonotary/Clerk, Civil Division. Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA DANIEL COBAUGH, ET AL Vs. No. 08-3198 TENA BROWN & ERIC BROWN CUSTODIAN OF RECORDS FOR: NORFOLK SOUTHERN CORP ANY EMPLOYMENT APPLICATIONS, EARNINGS, LEDGER SHEETS, TIME CARDS REVIEWS, A'T'TENDANCE SHEETS, ANY AND ALL MEDICAL RECORDS AND REPORTS AND PRE-EMPLOYMENT PHYSICALS, WORKMEN'S COMPENSATION CLAIMS MADE, ANY W-2 WITHHOLDING TAX FORMS, AND ANY OTHER INFORMATION PERTAINING TO: NAME: DANIEL COBAUGH, JR ADDRESS: 2340 WAGGONERS GAP RD CARLISLE PA 17013 DATE OF 'BIRTH: 02/15/65 SSAN: XXXXX9974 CERTIFIED PI40T000PIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ l RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief' all documents or things above mentioned have been produced. [ J NO DOOUMENTS AVAILABLE. I hereby certify that a thorough search has belen made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or NORFOLK SOUTHERN CORP CUMBERLAND M403065-03 * * * SIGN AND RETURN THIS PAGE CONIMNWFIALTH OF PENNSYLVANIA COL7NrY OF DANIEL COBAUGH, ET AL Vs. TENA BROWN & ERIC BROWN File No. 08-3198 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 CARLISLE REG MEDICAL CTR, 361 ALEXANDER SPRING RD, CARLISLE PA 17013 TO: ATTN:' MEDICAL RECORDS DEPT (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 S'PkgXTr1lACFMV ADDENDUM at MEDICAL LEGAL REPRODUCTIONS(,Ad NeC.4s)4940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested t,? this subpoena, together with the certificate of ccnpliance, to the party making thi request at the address listed above. You have the right to seek in advance the rea,onab]E 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 thin, subpoena may seek a court orde,- am pelting you to comply with it. THIS SUBPOENA WAS ISSUED AT THE RECAST OF THE FOLLOWING PERSON: NAME: DAVID A FITZSIMONS, ESQ ADDRESS: , -In F HTCH ST eARLIShE, PA 17013 TELEPHONE: SUPREME OOURT I D' # 215 - 3 3 53 3? A'T'TORNEY FOR : M403065-04 49813 DEFENDANT DATE : Sea l," :of ihe Court BY THE CrJURT Prothonotary/Clerk, Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA DANIEL COBAUGH, ET AL Vs. TENA BROWN & ERIC BROWN No. 08-3198 CUSTODIAN OF RECORDS FOR: CARLISLE REG MEDICAL CTR Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient records physical therapy records, and any other information pertaining to: NAME: DANIEL COBAUGH, JR ADDRESS: 2340 WAGGONERS GAP RD CARLISLE PA 17013 DATE OF 'BIRTH: 02/15/65 SSAN: XXXXX9974 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or CARLISLE REG MEDICAL CTR CUMBERLAND M403065-04 * * * SIGN AND RETURN THIS PAGE OF PENNSYLVANIA COUNTY OF CUMBERIAND DANIEL COBAUGH, ET AL Vs. File No. TENA BROWN & ERIC BROWN 08-3198 SUBPOENA TO PRODUCE DOCUIENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: QUANTUM IMG & THERA ASSOC, 629-D LOWTHER RD, LEWISBERRY PA 17339 (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 XTTACTMD ADDENDUM at _ T1?i MEDICAL LEGAL REPRODIICTIONS(,Ad?res?s)4940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested t, this subpoena, together with the certificate of compliance, to the party making thi: 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 fain to produce the documents or things required by this subpoena within twenty (20) days after its serv:ce, the party serving thi- subpoena may seek a court orcie. cxxmpe 11 i ng you to coup l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAIVE: DAVID A FITZSIMONS, ESQ ADDRESS: - 30 E HIGH ST eARh1ShE, PA 17013 TELEPHONE: SUPREME COURT I D' 215 - 3 3 5- ATTORNEY FOR: M403065-05 49813 DEFENDANT DATE : 7 J r? Seal of the Court BY THE LOUR. Prothonotary/Clerk, Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA DANIEL COBAUGH, ET AL Vs. No. 08-3198 TENA BROWN & ERIC BROWN CUSTODIAN OF RECORDS FOR : QUANTUM IMG & THERA ASSOC ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA,,X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: DANIEL COBAUGH, JR ADDRESS: 2340 WAGGONERS GAP RD CARLISLE PA 17013 DATE OF BIRTH: 02/15/65 SSAN: XXXXX9974 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief' all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or QUANTUM IMG & THERA ASSOC CUMBERLAND M403065-05 * * * SIGN AND RETURN THIS PAGE * * * COMMONWEALTH OF PFNNMVANIA COUNTY OF CUDEERLA ND DANIEL COBAUGH, ET AL Vs. File No. TENA BROWN & ERIC BROWN 08-3198 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: SADLBR HEALTH CENTER, 100 NORTH HANOVER ST, CARLISLE PA 17013 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court tc produce the following documents or si.b„]_ngX __ at _ MEDICAL LEGAL REPRODUCTIONSrAd?res?s)4940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested ti? this subpoena, together with the certificate of carpliance, to the party making thi request at the address listed above. You have the right to seek in advance the rea.onablE 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 thin subpoena may seek a court orde.- cx-m pe l l i ng you to ca, l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAPE: DAVID A FITZSIMONS, ESQ ADDRESS: _ 10 F HIGH ST 17013 TELEPHONE: SUPREPE COURT I D # 215 - 3 - ATTORNEY FOR: M403065-06 49813 DEFENDANT DATE : F),"? JID Sea! of he' Court BY THE COURT. Prothonotary/Clerk, Civil Division Deputy (Eff. 7/97) T ADDENDUM TO SUBPOENA DANIEL COBAUGH, ET AL Vs. No. 08-3198 TENA BROWN & ERIC BROWN CUSTODIAN OF RECORDS FOR : SADLER HEALTH CENTER ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, ',X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: DANIEL COBAUGH, JR ADDRESS: 2340 WAGGONERS GAP RD CARLISLE PA 17013 DATE OF 'BIRTH: 02/15/65 SSAN: XXXXX9974 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDDS ARE ATTACHED HERETO. I hereby certify as custodian of recordds that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or SADLER HEALTH CENTER CUMBERLAND M403065-06 * * * SIGN AND RETURN THIS PAGE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DANIEL COBAUGH, ET AL Vs. TENA BROWN & ERIC BROWN File No. 08-3198 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 WALNUT BOTTOM RADIOLOGY, 850 WALNUT BOTTOM RD, CARLISLE PA 17013 TO: (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 orS'Pkg at MEDICAL LEGAL REPRODUCTIONS(,Addreis}4940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested t) this subpoena, together with the certificate of carpliance, to the party making thi_ request at the address listed above. You have the right to seek in advance the reagonablc 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 orde cxxt pe l l i ng you to carp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DAVID A FITZSIMONS, ESQ ADDRESS: - 10 E. HIGH ST eARLISEYE, PA 17013 TELEPHONE: SUPREME COURT ID # 2 -7T2- ATTORNEY FOR: M403065-07 49813 DEFENDANT DATE : d4lhi - Se a 1 e Court BY THE ? COURT- Prot y !?? /tJ _ honotary/Clerk, Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA DANIEL COBAIUGH, ET AL Vs. No. 08-3198 TENA BROWN & ERIC BROWN CUSTODIAN OF RECORDS FOR: WALNUT BOTTOM RADIOLOGY ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, 1-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: DANIEL COBAUGH, JR ADDRESS: 2340 WAGGONERS GAP RD CARLISLE PA 17013 DATE OFIBIRTH: 02/15/65 SSAN: XXXXX9974 CERTIFIED PHIOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief' all documents or things above mentioned have been produced. ( ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or WALNUT BOTTOM RADIOLOGY CUMBERLAND M403065-07 * * * SIGN AND RETURN THIS PAGE COMMNWFALTH OF PENNSYLVANIA COUNTY OF CUMBE IArm DANIEL COBAUGH, ET AL Vs. File No. TENA BROWN & ERIC BROWN 08-3198 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PENN REHAB ASSOC, 2151 LINGLESTOWN RD STE 240, HARRISBURG PA 17110 (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 st;bing EE XTTACRED ADDENDUM at MEDICAL LEGAL REPRODIICTIONS(,Ad?resrs)4940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested t, this subpoena, together with the certificate of ccrrp 1 i ante, to the party making th i request at the address listed above. You have the right to seek in advance the rea.onablE 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 thi, subpoena may seek a court orde cxxrpe l l i ng you to comp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DAVID A FITZSIMONS, ESQ ADDRESS: _ 10 R TGH ST eftRhishH, PA 17013 TELEPHONE: SUPREME COURT I D ?# 215 - - ATTORNEY FOR: M403065-08 49813 DEFENDANT DATE: f/7/ -7 ?? seal of the Court BY THE COURT, Prothonotary/Clerk, Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA DANIEL COBAUGH, ET AL Vs. No. 08-3198 TENA BROWN & ERIC BROWN CUSTODIAN OF RECORDS FOR: PENN REHAB ASSOC ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, ',X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: DANIEL COBAUGH, JR ADDRESS: 2340 WAGGONERS GAP RD CARLISLE PA 17013 DATE OF'BIRTH: 02/15/65 SSAN: XXXXX9974 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or PENN REHAB ASSOC CUMBERLAND M403065-08 * * * SIGN AND RETURN THIS PAGE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DANIEL COBAUGH, ET AL Vs. File No. 08-3198 TENA BROWN & ERIC BROWN SUBPOENA TO PRODUCE DOCUMENTS OR TH I NC3S FOR DISCOVERY PURSUANT TO RULE 4009.22 CARLISLE NEUROCARE, 220 WILSON ST STE 210, CARLISLE PA 17013 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court tc produce the following documents orsh?kg XTTACIMD ADDENDUM at MEDICAL LEGAL REPRODUCTIONS CAd&Nes4s)4940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested b> this subpoena, together with the certificate of ccmpliance, to the party making thi request at the address listed above. You have the right to seek in advance the rea.onablr cost of preoaring the copies or producing the things sought. If you fai',1 to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thin subpoena may seek a court orde, cxxnpe l ling you to comp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DAVID A FITZSIMONS, ESQ ADDRESS: - 10 E HIGH ST , 17013 TELEPHONE: SUPREME COURT ID # 2 - - ATTORNEY FOR: M403065-09 49813 DEFENDANT DATE : !'- sea 1 0 e Court Y T1$ COURT. IZZL - Prothonotary/Clerk, Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA DANIEL COBAUGH, ET AL Vs. TENA BROWN & ERIC BROWN No. 08-3198 CUSTODIAN OF RECORDS FOR : CARLISLE NEUROCARE ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, 'X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: DANIEL COBAUGH, JR ADDRESS: 2340 WAGGONERS GAP RD CARLISLE PA 17013 DATE OF ''BIRTH: 02/15/65 SSAN: XXYXX9974 CERTIFIED PHIOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. (RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and beliefall documents or things above mentioned have been produced. ( ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING { ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or CARLISLE NEUROCARE CUMBERLAND M403065-09 * * * SIGN AND RETURN THIS PAGE * * * COM DNWFALTH OF PENNSYLVANIA COUNTY OF-CUMBERLAND DANIEL COBAUGH, ET AL Vs. TENA,BROWN & ERIC BROWN Fi le No. 08-3198 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 DRAYEIR PHYS THPY INS, 3 JENNIFER COURT STE A, CARLISLE PA 17013 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the fol )owing documents or STP9XTTAC1MD ADDENDUM at MEDIEAL LEGAL REPRODUCTIONSCc Nees)4940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the docunents or produce things requested h? this subpoena, together with the certificate of ccnpliance, to the party making thin request at the address listed above. You have the right to seek in advance the reasonable cost of preoaring 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 orde,. crlnpe l l i ng you to comp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DAVID A FITZSIMONS, ESQ ADDRESS: _ 1 n F 14 T (-,T4 ST 17013 TELEPHONE: SUPREME OOURT I D 215 - 3 3 5- ATTORNEY FOR: M403065-10 49813 DEFENDANT DATE: Seal of t Court Y THE COURT ,ire& Prothonotary/Clerk, Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA DANIEL COBAUGH, ET AL Vs. TENA BROWN & ERIC BROWN No. 08-3198 CUSTODIAN OF RECORDS FOR : DRAYER PHYS THPY INS ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: DANIEL COBAUGH, JR ADDRESS: 2340 WAGGONERS GAP RD CARLISLE PA 17013 DATE OF BIRTH: 02/15/65 SSAN: XXXXX9974 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or DRAYER PHYS THPY INS CUMBERLAND M403065-10 * * * SIGN AND RETURN THIS PAGE * * * PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) -------------------------------------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) Daniel Cobaugh, individually and in his own right and as parent of Emily Cob. v vs. Tena Brown and Eric Brown No. 08-3198 Civil Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Motion for Summary Judgment as to Defendant Eric Brown at Count IV 2. Identify all counsel who will argue cases: (a) for plaintiffs: Jason P. Kutulakis, 2 West High Street, Carlisle PA 17013 (Name and Address) (b) for defendants: Christopher Rice, 10 East High Street, Carlisle, PA 17013::-s (Name and Address) `' ' 3. 1 will notify all parties in writing within two days that this case has been lsfd for f S.2 argument. = 4. Argument Court Dater September 27,2013 i (u(e A P n your name aintiff Date: g Au ust 13' 2013 Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary) before argument. 2.The moving party shall file and serve their brief 14 days prior to argument. 3.The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary) after the case is relisted.q A Y /fr PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) • TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for thfxt t? ` Argument Court.) crsf` CAPTION OF CASE <_ ; (entire caption must be stated in full) _ :mac_, Daniel Cobaugh, individually and in his own right as parent of Emily Cobaugk v vs. Tena Brown and Eric Brown No. 08-3198 Civil Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Motion for Summary Judgment as to Defendant Eric Brown at Count IV 2. Identify all counsel who will argue cases: (a) for plaintiffs: Jason P. Kutulakis, Esquire, 2 West High Street, Carlisle, PA 17013 (Name and Address) (b) for defendants: David Fitzsimons, Esquire, 10 East High Street, Carlisle, PA 17013 (Name and Address) 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: November 8,2013 Sigsture l on �I : kufalakis Print your name Plaintiff October 21 , 2013 Attorney for ,75., -/ �1/ Date: / . f10 , INSTRUCTIONS: � ` 6/o 1.Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary) before argument. '4 ? 9//7d7 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary)after the case is relisted. • F:\FILES\Clients\7122 Hyatt\7122.334 Brown\7I22.334.pra2 wpd Revised: 10/31/13 0:59PM i i f ir_ IY I tIU i, N David A. Fitzsimons, Esquire 2313 OCT 31 PH 2: 145 R. Christopher VanLandingham, Esquire �,�z F,�- { COUNTY MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALL ;E R S Y L'��. ,ii i i, MARTSON LAW OFFICES I.D. Nos. 41722 and 307424 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants Eric and Tena Brown DANIEL COBAUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 08-3198 : CIVIL ACTION - LAW TENA BROWN and ERIC BROWN, Defendants : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly make the attached Affidavit part of the record in the above matter. MARTSON LAW OFFICES By _ I ' 11" David A. Fitzsimons, Esquire R. Christopher VanLandingham, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants Dated: \ F:\FILES\Clients\7122 Hyatt17122.334 Brown\7122.334.aff.Eric.wpd David A. Fitzsimons, Esquire R. Christopher VanLandingham, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 41722 and 307424 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants Eric and Tena Brown DANIEL COBAUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 08-3198 : CIVIL ACTION - LAW TENA BROWN and ERIC BROWN, : Defendants : JURY TRIAL DEMANDED AFFIDAVIT OF DEFENDANT ERIC BROWN COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) I, Eric Brown, Defendant in the above-captioned action, swear and affirm that the below statements are true and correct and that I make this affidavit upon the basis of my own personal knowledge. 1. On or about April 22,2007,Plaintiff Daniel Cobaugh("Cobaugh")came to the home where I resided with my then girlfriend, and current wife, Tena Brown("Tena")to drop off Tena's children with whom Cobaugh shared custody. 2. While I was standing in the garage, Cobaugh and Tena got into a verbal altercation which resulted in Cobaugh shoving Tena to the ground. 3. At that point I stepped in to protect Tena. 4. Cobaugh and I got into a fist fight with each punching the other. 5. Eventually, the fight moved over to my truck and Cobaugh reached into the bed of my truck to retrieve a socket extension, presumably to use as a weapon. 6. I then knocked Cobaugh against the truck and grabbed the socket extension. 7. Cobaugh fell to the ground and I hit him in the back of the head with the socket extension. 8. We both became tired and the fight ended in a draw. 9. A friend of Cobaugh's called the police and Detective Lively came to the house. 10. Detective Lively told Cobaugh and I that we could each charge the other or drop the charges and put it behind us. 11. Cobaugh and I agreed to drop the charges and put the incident behind us. 12. Cobaugh, however, changed his mind and filed charges against me. 13. I pled guilty to simple assault in the Cumberland County Court of Common Pleas with the Honorable M.L. Ebert, Jr. presiding. 14. I was sentenced immediately following my plea to a fine of$100.00,restitution and one year of probation. 15. By my actions I was protecting Tena and I pled guilty solely to put the incident behind me and to move on. 16. I make the above statements on the basis of my personal knowledge. Eric Brown Sworn to and subscribed before me COMMONWEALTH OF PENNSYLVANIA thi ''' day of ks r. , 2013. L,SEAL LIIIIIii Notary public berland County F December20,2014 otary Public CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy& Faller,hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Jason P. Kutulakis, Esquire Abom& Kutulakis Two West High Street Carlisle, PA 17013 MARTSON LAW OFFICES y I "i . GJr` fE Tricia D. Eck:f oad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated 4l� ZCV3 #18. DANIEL COBAUGH, Individually and in : IN THE COURT OF COMMON PLEAS OF His own right and as parent of : CUMBERLAND COUNTY, PENNSYLVANIA EMILY COBAUGH, LEA COBAUGH, and : SETH COBAUGH, MINORS, Plaintiffs •• • V. •• TENA BROWN and ERIC BROWN, : NO. 2008-3198 CIVIL TERM Defendants IN RE: PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AS TO DEFENDANT ERIC BROWN AT COUNT IV BEFORE GUIDO, EBERT, PLACEY,JJ. ORDER OF COURT AND NOW,this 251H day of NOVEMBER, 2013, upon consideration of Plaintiffs' Motion for Summary Judgment as well as the briefs filed by the parties in support of their respective positions and having heard argument thereon,the motion is DENIED. By the C Edward E. Guido,J. v = iTt i Jason P. Kutulakis, Esquire —, '' c/) N / David Fitzsimons, Esquire r-- Court Administrator c- R? :sld e9);e3 *add "/27/3 —c.