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Home My WebLink About04-0885 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. (')4/ - J'J'., Civil Action - (} i LJ i.(--Ti A "'1 1ZI Law o Equity TRACY MCHALE, MICHAEL J. MCHALE AND KARIN M. MCHALE 218 Woods Drive Mechanicsburg, PA 17050 AMBER SUTPHEN, A Minor 993 West Trindle Road Mechanicsburg, PA 17055 vs Plaintiff(s) & Address(es) Defendant( s) & Address( es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to 1ZI Attorney C Lee Anderson, Esquire John W Frommer, Esquire Smigel, Anderson & Sacks, L.L.P. 4431 North Front Street, 3,d Floor Harrisburg, PA 17110 717-234-2401 Date: February 26. 2004 Name/Address/Telephone No. of Attomey WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S) YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HA VE COMMENCED AN ACTION AGAINST YOU. _ (lLP?-hbJ ~. Date: fY/::Mr~ 1, .)..1"10,,/ ~ ~o./'J.r).P. r./VUY,-r Deput ../ o Check here if reverse is issued for additional information. Prothon. - 55 NP~ #- #. .~ -- ~ ...) '1 ~ '-.J 0 2;tp!:! 1- ( ".' . Q " , r.,;. TRACY MCHALE, MICHAEL 1. MCHALE, AND KARIN M. MCHALE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs v. NO. 04-885 AMBER SUTPHEN, a Minor, Defendant. CIVIL ACTION -AT LAW JURY TRIAL DEMANDED -- -- ~,- . --- ~_.- ACCEPTANCE OF SERVICE I accept service of the Writ of Summons in the above-referenced matter. Date: :;j{) 111 I ~ VufphiA) er Sutphen CJ 993 West Trindle Road Mechanicsburg, PA 17055 Defendant 0 ...., ~ c:> ~ c:> .:::- 3: -I "Urn :J:;n SPfB > mFn :::0 ~~ I'.) ~~ 0\ ~c; " ~G ::J:: ~~ >8 - ,.,-1 Z .. 5:; ~ en 0 '< TRACY MCHALE, MICHAEL J. MCHALE, AND KARIN M. MCHALE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 04-885 AMBER SUTPHEN, a Minor, Defendant. CNILACTION -AT LAW JURY TRIAL DEMANDED RETURN OF SERVICE I, C. Lee Anderson, Attorney for Plaintiffs, do swear that service ofthe Writ of Summons in the above-captioned matter was made on the Defendant Amber Sutphen on March 10, 2004 as evidenced by the attached Acceptance of Service form signed by Amber Sutphen. C'.Le J.D. #. 21 4431 No Front Street Harrisburg, P A 1711 0 (717) 234-2401 Attorneys for Plaintiffs ACKS Date: March 24, 2004 By: r--- -rI1 Sworn to before me this ~ L( day of ---"'arch ,2004. ~ cC1n~ Notary My Commission Expires: <YlMMONWEALTH OF PbNNSYLVANIA Notarial Seal . ~e C. Pringle, Notal)' P~bhc Sus uehanna 1\vp., Dauphm county My Commission Expires July 25, 2005 Member, Pennsytvania Assocl8tiCR of Notarll. II II TRACY MCHALE, MICHAEL 1. MCHALE, AND KARIN M. MCHALE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs v. NO. 04-885 AMBER SUTPHEN, a Minor, Defendant. CNIL ACTION - AT LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, C. Lee Anderson, Esquire, hereby certify that a true and correct copy ofthe foregoing Return of Service was served upon the following as addressed below by depositing the same in the United States Mail, first class mail, postage prepaid, at Harrisburg, Pennsylvania on this 24th day of March, 2004: Kent Price, Esquire Thomas, Thomas & Hafer, L.L.P. 305 North Front Street Harrisburg, PA 17101 Date: March 24, 2004 By: C. Lee d rson, Esquire J.D. #: 2 3 5 4431 No Front Street Harrisburg, P A 17110 (717) 234-2401 Attorneys for Plaintiffs TRACY MCHALE, MICHAEL 1. MCHALE, AND KARIN M. MCHALE, Plainti ffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 04-885 AMBER SUTPHEN, a Minor, Defendant. CIVIL ACTION - AT LAW JURy TRIAL DEIyIANDED ACCEPTANCE OF SERVICE -- -- -- ~ -- ---- I accept service of the Writ of Summons in the above-referenced matter. Date: 1~~f ~ (!~/PhiA) er Sutphen () 993 West Trindle Road Mechanicsburg, PA 17055 Defendant g ~ '"'0-\1) ~\rT' \.':1:).-'1 ~C;;. ~t~; ~...-, ;Zc., -'" ~.~ '')?' C- ~ ~ ~ ':1- ~ ~ ff,~ ~ IT! : \~ ::r:r:,f{. __ __0\, .- 'JD <J1 ::<. o THOMAS. THOMAS & HAFER. LLP C. Kent Price, Esquire I.D. No. 06776 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7632 Attorney for Defendant TRACY MCHALE, MICHAEL 1. MCHALE AND KARIN M. MCHALE, Plaintiffs : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW AMBER SUTPHEN, : NO. 04-885 Defendant : JURY TRL".L DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of THOMAS, THOMAS & HAFER, LLP as counsel on behalf of Defendant Amber Sutphen in the above-captioned matter. All papers may be served upon the undersigned at P.O. Box 999, Harrisburg, P A 17108-0999. THOMAS, THOMAS & HAFER, LLP C-~ C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 J.D. No. 06776 CERTIFICATE OF SERVICE AND NOW, this 24th day of March, 2004, I, C. KENT PRICE, ESQUIRE, for the firm of THOMAS, THOMAS & HAFER, LLP, attorneys for Defendant, hereby certifY that I have this day served the within Praecipe for Entry of Appearance by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: C. Lee Anderson, Esquire John W. Frommer, Esquire Smigel, Anderson & Sacks, L.L.P. 4431 North Front Street, 3rd Floor Harrisburg, PA 17110 THOMAS, THOMAS & HAFER, LLP C-~~ C. Kent Price, Esquire 2 ~ -u('o (~{J1 Zl; Ul~!~ -5." t:;..\-, --t;:C' Z(S ~;~ ....., g ...,.. ::ll: ".. :;0 N 0"' o ." :I! n1~ ~~ .." ~:;;.{ 3: '5~ ~ -to> +" ~ U1 TRACY MCHALE, MICHAEL J. MCHALE, AND KARIN M. MCHALE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 04-885 AMBER SUTPHEN, a Minor, Defendant. CNIL ACTION - AT LAW JURY TRlAL DEMANDED CERTIFICATE OF SERVICE I, C. Lee Anderson, Esquire, hereby certify that a true and correct copy of the Plaintil1S' Request for Production of Documents Directed to Defendant was served upon the following as addressed below by depositing the same in the United States Mail, first class mail, postage prepaid, at Harrisburg, Pennsylvania on this 14th day of May, 2004: Kent Price, Esquire Thomas, Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, P A 17108-0999 SMIGEL. .-dlNDERSON & SACKS Date: May 14, 2004 e derson, Esquire ill 2 315 John . Frommer, Esquire ill # 41266 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiffs (") r--> 0 = ~:-:-. = 'Tl ...- -,:.. :.? ::"': f11 :1J -, rOo ::;'e] __J i --I 'J ~--1Q '" ~~~l,~ ~_.".~ w t'.SiT1 --"I -.;'~ ;-". ___1 0 .n -' 0" -< THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire LD, No, 06776 305 North Front Street P. 0, Box 999 Harrisburg. PA 17108 (717) 255,7632 TRACY MCHALE, MICHAEL J. MCHALE AND KARIN M. MCHALE, Plaintiffs v. AMBER SUTPHEN, Defendant Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW : NO. 04,885 : JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a Rule directing Plaintiffs to file a Complaint against Defendant within twenty (20) days or non pros seq. reg. THOMAS, THOMAS & HAFER, LLP C-~~ C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PAl 7108 (717) 255-7632 LD. No. 06776 (") <;; ~n ~2~" --".. ~ ' >,;;.-' t.:'))-' r.~ r- ",c;-''-- ~t;: ~ ....., = <= .z;- o ." :=2~ 01-'-' r- -om :09 ~~ C") -rJ ";:'0 1Sm --, .,,~ ~:o << -- --'" > -.; N m :s ..,... c.n N THOMAS. THOMAS & HAFER, LLP C. Kent Price, Esquire LD, No, 06776 305 North Front Street p, 0, Box 999 Harrisburg, PA 17108 (717) 255-7632 Attorney for Defendant TRACY MCHALE, MICHAEL 1. MCHALE AND KARIN M. MCHALE, Plaintiffs IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. AMBER SUTPHEN, : NO. 04-885 Defendant : JURY TRIAL DEMANDED RULE TO FILE COMPLAIN1: TO: Tracy McHale, Michael J. McHale and Karin M, McHak c/o C. Lee Anderson, Esquire John W. Frommer, Esquire Smigel, Anderson & Sacks, L.L.P. 4431 North Front Street, 3rd Floor Harrisburg, P A 1711 0 You are hereby directed to file a Complaint against Defendant within twenty (20) days or non pros seq. reg. e1/J~J- Prothonotary DATED: s~/r:>>J t.:' ~;;) r"i. , Z.',,:; ~~:;~ ~ r;:: -~. ,,--. ~~>" '-! ~~~ Z :;! (') ~ ....., = = .c- :::q;: "'" -< N 0" ~ :t mFJ -am 39 -=-<~ :I: -,-j S~g o -... ~J ~ ..." :z: Ul N TRACY MCHALE, MICHAEL J. MCHALE, AND KARIN M. MCHALE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs v. NO. 04-885 AMBER SUTPHEN, a Minor, Defendant CNIL ACTION - AT LAW JURY T1UAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 TRACY MCHALE, MICHAEL J. MCHALE, AND KARIN M. MCHALE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 04-885 AMBER SUTPHEN, a Minor, Defendant CNIL ACTION - AT LAW JURY TRIAL DEMANDED COMPLAINT Now come Plaintiffs Michael 1. McHale, Karin M. McHale, and Tracy McHale, by and through their undersigned counsel, Smigel, Anderson & Sacks, LLP, and file the within Complaint, averring as follows: 1. Plaintiffs, Michael J. McHale and Karin M. McHale, husband and wife, are adult individuals residing at 218 Woods Drive, Mechanicsburg, Silver Spring Township, Cumberland County, Pennsylvania. 2. Plaintiff, Tracy McHale, is an adult individual residing with her parents Michael J. McHale and Karin M. McHale, at 218 Woods Drive, Mechanicsburg, Silver Spring Township, Cumberland County, Pennsylvania. 3. Defendant, Amber Sutphen, is an adult individual, having been born on March 20, 1986; however, on the date of the accident giving rise to this Complaint, she was a minor. Defendant Amber Sutphen resides at 993 West Trindle Road, Mechanicsburg, Monroe Township, Cumberland County, Pennsylvania. 4. At the time of the accident in question, PlaintJiffTracy McHale was covered under an automobile insurance policy issued by Erie Insurance Companies, which provided her with the full tort option. 5. The facts and circumstances giving rise to this action occurred at approximately 2:50 a.m., Friday, June 20, 2003, on State Route 1011, also named Silver Spring Road, in front ofthe address known as 645 Silver Spring Road, Cumberland County, Pennsylvania, after the road's intersection with Presbyterian Drive. 6. At the aforementioned time and place, Plaintiff Tracy McHale, then a minor, was a passenger in a 2000 Chevrolet vehicle bearing Pennsylvania license plate number FGH-9821, owned by Lawns Unlimited, Inc., and driven by Defendant Amber Sutphen. 7. Defendant Amber Sutphen was driving in a northerly direction on State Route 1011 at the time. 8. Rounding a sweeping curve to the right, Miss Sutphen's car left the road and entered a wooded area on the right side of the roadway, whereupon her car struck several large trees, causing Plaintiff Tracy McHale to suffer serious and pennanent bodily injuries. 9. The aforementioned accident, and the injuries and damages sustained by the Plaintiff Tracy McHale, as set forth hereafter, were the direct fI~SUIt of the negligence, carelessness, recklessness, and wanton misconduct of Defendant Amber Sutphen in that she: (a) Failed to keep alert and maintain a carefill and diligent watch on the road; (b) Failed to properly and adequately maintain control of her vehicle; (c) Failed to operate her vehicle at a reasonably safe speed given the curvature of the road by driving too fast for conditions; II (d) Failed to operate her vehicle at a reasonably safe speed as to be able to stop her vehicle before striking objects offthe roadway; (e) Operated her vehicle while under the influence of alcohol and/or other illegal drugs or substances; (f) Continued to operate her vehicle in a direction off the roadway when she saw or, in the exercise of reasonable diligence, should have seen that further operation in that direction would result in a collision with trees; (g) Failed to take evasive action to avoid striking objects that were in front of her when off the roadway; (h) Failed to avoid hitting the trees on the right side of the road; (i) Failed to keep her vehicle in her lane of traffic as clearly marked on the road in violation of 93309 of the Motor Vehicle Code ofthe Commonwealth of Pennsylvania; (j) Drove her vehicle in a careless and reckless fashion, in violation of 93714 of the Motor Vehicle Code of the Commonwealth of Pennsylvania; and 10. As a direct result ofthe negligence ofthe Defendant, Plaintiff Tracy McHale sustained serious and permanent personal injuries, including but not limited to the following: a) Traumatic brain injury, including right and left frontal contusions of her brain with cerebral edema, subarachnoid hemmorhage, and shear injuries to both temporal areas, resulting in loss of motor skills, brain function, and mental capacity II (b) Closed airway, requiring a tracheostomy (c) Complete, complex mandibular fracture (d) Facial fractures (e) Fractured and dislocated right wrist (f) Lacerated liver (g) Cervical neck and spine injuries (h) Multiple bodily contusions, lacerations, and abrasions (i) Emotional, psychological, and physical impairment, including, but not limited to an unnatural walking gait, an inability to run, and related restrictions. 11. As a further result of Defendant's negligence, Plaintiff Tracy McHale also sustained the following losses and damages: (a) Pain and suffering, past, present and future; (b) Loss oflife's pleasures, past, present and future; (c) Loss of earnings and earning capacity; (d) Umeimbursed medical expenses, past, present and future; (e) Scarring and disfigurement. 12. At the time of this incident, Plaintiff Tracy McHale was a minor, Jiving under the care and control of her parents, Plaintiffs Michael J. McHale and Karin M. McHale. Although Plaintiff Tracy McHale is now an adult, she remains under the' care, control, and custody of her parents, Plaintiffs Michael J. McHale and Karin M. McHale. II II 13. As a direct result of the negligence ofthe Defendants, Plaintiffs Michael J. McHale and Karin M. McHale, individually, have sustained and will continue to sustain significant economic loss, including, but not limited to the following: (a) Expenditures for the medical care, trea1tment, and rehabilitation of Plaintiff Tracy McHale; (b) Future expenditures and the future obligation to expend financial resources for the medical care, treatment and rehabilitation of Plaintiff Tracy McHale. WHEREFORE, Plaintiffs Michael J. McHale, Karin M. McHale, and Tracy McHale, demand judgment against Defendant Amber Sutphen in an arnount in excess of this county's mandatory arbitration limits, plus the costs ofthis action, and any other relief that this Honorable Court deems just and proper. R'~spectfully submitted, SMIGEL, .-dlNDERSON & SACKS Date: June 14,2004 By: c. John J.D. # 4 66 C. Lee derson, Esquire LD. #: 21315 4431 North Front Street Harrisburg, P A 17110 (717) 234-2401 Attorneys for Plaintiffs , I I TRACY MCHALE, MICHAEL J. MCHALE, AND KARIN M. MCHALE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 04-885 AMBER SUTPHEN, a Minor, Defendant CNIL ACTION - AT LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association Lawye:r Referral Service 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 VERIFICATION I, Tracy McHale, verifY that the statements contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Date: le~~a21 t" VERIFICATION I, Michael J. McHale, verify that the statements contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Date: 6/ /0/0'/ / / ~U{:~#fiL Michael J. McI' ale, PlamtIff VERIFICATION I, Karin M. McHale, verifY that the statements contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa,.C.S. 94904, relating to unsworn falsification to authorities. Date: &/;0/0'1 L /Itf /k %t.. Karin M. McHale, Plaintiff TRACY MCHALE, MICHAEL J. MCHALE, AND KARIN M. MCHALE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 04-885 AMBER SUTPHEN, a Minor, Defendant CNIL ACTION - AT LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, C. Lee Anderson, Esquire, hereby certify that a trut: and correct copy of the foregoing Complaint was served upon the following as addressed below by depositing the same in the United States Mail, first class mail, postage prepaid, at Harrisburg, Pennsylvania on this 14th day of June, 2004: Kent Price, Esquire Thomas, Thomas & Hafer, L.L.P. 305 North Front Street Harrisburg, P A 17101 Date: June 14, 2004 SACKS Jo rammer, Esquire LD. #: 1266 C. Lee derson, Esquire Supreme Court ID # 21315 4431 North Front Street Harrisburg, P A 1711 0 (717) 234-2401 Attorneys for Plaintiff (") N 0 = c:: = -r, ~,:>. -"'" ""'. J~t;~d L. :i! c:: niFl -r- , ::<:: ""'. 2~ > jJ8 ~] ~" .&:- OJ.. ;,:: ,~ ) =::Jf? 1:;; ~ -L,i L': (-) :3:- i:::!?') ),. ;,~"--;-n c.:-' \.0 "-) 2: ::;.:i -, ,- :Fj ~ 0, -...:;: THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire LD, No, 06776 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7632 Attorney for Defendant TRACY MCHALE, MICHAEL J. MCHALE AND KARIN M. MCHALE, Plaintiffs IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CNIL ACTION - LAW v. : NO. 04-885 AMBER SUTPHEN, Defendant : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO JOIN ADDITIONAL DEFENDANT TO THE PROTHONOTARY: Please issue a Writ of Summons to join Barbara Ann McGregor, 223 East Main Street, Camp Hill, PA 17011-6315, as an Additional Defendant in the above-captioned matter. A Writ of Summons shall be issued and forwarded to the Sheriff for service at the address indicated. THOMAS, THOMAS & HAFER, LLP C-~~ C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 LD. No. 06776 - ...-' . ~ ';t-f rtf . ,0.() ~- ~~ ~ "V~'1:- -b~(I J ~j ~~ Cumberland County, ss: The Commonwealth of Pennsylvania to Barbara Ann McGregor (N'arne of Additional Defendant \ You are notified that l\mber Sutphen (Name (.) of Defendant (s) has (have) joined you as an additional defendant in this a.ction, which you are re- quired to defend. I)ate Auqust 9, 2004 Curtis R. Long I\rot!ronotary ..By AQ;....~ [J~.J1A..-y.. f (SEAL) Barbara Ann McGregor 223 East Main Street Ccmp Hill. PA 17011-6315 H.....~'OW() > J f & 1- . ~ . o. 0..... OUl g~ 0 ~ ~I ~ ~ ~ ~ ... I 3~ ~ i (Xl tj. (Xl 0'" ~ ;:j' g Ul O'\W" ~gl-" 0 ~ :s: () .....'" n ~(j . ,... ~ :ill ::l~ ~ ~ <: ,... r+ :s: H H t'l t"",- iA ,... ..... Ulen n H [i- 00 to H ffi 0 ;..- ~ (j) (Xl t!j.... (j) "!jZ ... H ... t!jt!j ;: ~ ;;l ZO 8 . ~> eo ~ j ;..- i r - ~ ~Z H r (; (j) 3 1"1 ~ .. THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire I.D, No, 06776 305 North Front Street P. 0, Box 999 Harrisburg, P A 17108 (717) 255-7632 Attorney for Defendant TRACY MCHALE, MICHAEL J. MCHALE AND KARIN M. MCHALE, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW v. AMBER SUTPHEN, Defendant : NO. 04-885 : JURY TRIAL DEMANDED AMENDED PRAECIPE FOR WRIT OF SillvlMONS TO JOIN ADDITIONAL DEFENDANT TO THE PROTHONOTARY: Please reissue the Writ of Summons previously filed to join the Additional Defendant in the above matter and amend same to reflect the proper name and address of Additional Defendant as follows: Barbara Ann MacGregor, Dauphin COllilty Prison, Inmate Number: 57467, 501 Mall Road, Harrisburg, PA 17111. The reissued Writ of Summons shall be forwarded to the Sheriff of Dauphin County for deputized service on the Additional Defendant. THOMAS, THOMAS & HAFER, LLP LL-~J~~ C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 J.D. No. 06776 THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire LD. No. 06776 305 North Front Street p, 0, Box 999 Harrisburg,PA 17108 (717) 255-7632 Attorney for Defendant TRACY MCHALE, MICHAEL J. MCHALE AND KARIN M. MCHALE, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW v. AMBER SUTPHEN, Defendant NO. 04-885 JURY TRIAL DEMANDED WRIT OF SUMMONS TO: Barbara Ann MacGregor, Additional Defendant You are notified that the above-named Defendant has joined you as an Additional Defendant in the above action. Dated: Qu r..;f Cf. :2trtJ 'f c..~L"; R. f2...~, Prothonotary d 0 De~h~ Q. )~ Barbara Ann MacGregor IlauItrin County Priscn Irmate NurtJer: 57467, 501 Mall Harrisburg, Pa. 17111 Road CJ ,~)~ :~- / i~ ) ;~ ~~'> ,-- :i~ ~ 'l' '" C:;:) = -"'" V> f"'1 -0 I OJ o ., :=2 rn :JJ -0 F;; :Py ~~ C)n-t ;;~ ~}1 ...,::. -1;"1 ::: N .l~- U1 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg,PA 17108 C. Kent Price, Esquire Attorney I.D. 06776 717-255-7632 Attorneys for Defendants TRACY MCHALE, MICHAEL J. MCHALE and KARIN M. MCHALE, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. 04-885 v. CNIL ACTION - LAW AMBER SUTPHEN, Defendant JURY TRIAL DEMANDED CERTIFICATE FSUBPOENAS As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: I. Plaintiff does not object to the subpoenas and waives the Notice of Intent to Service Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 ; 2. A copy of a letter dated September 7, 2004, and eX'~cuted by Plaintiffs counsel, C. Lee Anderson, Esquire, indicating no objections and waiver of the notice of intent is attached to this Certificate; 3. A copy of the proposed subpoena is attached to this ct'rtificate; and 4. The subpoena which will be served is identical to the: subpoena which is attached to this certificate. Date: q- -,- 0(,/ THOMAS, THOMAS & HAFER, LLP (J ,~ C. Kent Price, Esquire J.D. Number: 06776 305 N. Front Street Post Office Box 999 Harrisburg, P A 17108 (717) 255-7632 312479,1 THOMAS. THOMAS & HAFER LLP ATTORNEYS AT LAW ~ 305 North Front Street. P.o. Box 999, Harrisburg, PA 17108 Phone: (717) 237-7100 Fax: (717) 237-7105 www.tthlaw.com . Rick L. Stains, Paralegal (717) 441-7056 rstains@tthlaw.com August 26, 2004 C. Lee Anderson, Esquire Smigel, Anderson & Sacks, L.L.P. 4431 North Front Street, 3rd Floor Harrisburg, PA l7110 at.I? . 01 -!~'IS+~ RE: McHale v. Sutpben Docket No. 04-885 Our File No.: 347.40395 Dear Attorney Anderson: Enclosed please find a Notice ofIntent to Serve Subpoenas pursuant to Rule 4009.21. If you have no objection to the subpoenaing of these records and are willing to waive the 20-day notice period, please sign where indicated and return a copy of this letter to me at your earliest convenience. Thank you for your attention to this matter. Sincerely yours, THOMAS, THOMAS & HAFER, LLP By: ~81~-::::-:""--) Rick Stains. Jr~gal Enclosure I, ~ 1-....z..,Q /1f1~.-(v,;,..) ~Esquire, counsel for Plaintiff, have no objection to the serving of the subpoenas identified in the attached Notice ofIntent :md hereby waive the 20-day notice period. Counsel for Defendant shall provide me with copies of all r,ecords they ~)1'pursuant to these SUbpoenas." r' I j. //i ~ , Date: J ~L:.')- 0 l( ~ I 295665.5 r/ I ! , Esquire Bethlehem Office .3400 Bath Pike, Suite 302, Bethlehem, PA 18017 . Phone: (610) 868-1675. Fax: (610) 868-1702 Pittsburgh Office .301 Grant Street, Suite 1150, Pittsburgh, PA 15219 . Phone: (412) 697-7403 . Fax: (412) 697-7407 TRACY MCHALE, MICHAEL J. MCHALE and KARIN M. MCHALE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs NO. 04-885 v, CNIL ACTION - LAW AMBER SUTPHEN, JURY TRIAL DEMANDED Defendant Defendant intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. THOMAS, THOMAS & HAFER, LLP Date: 8 f~b[o4 By: Q.k~ C. Kent Price, Esquire Identification Number: 06776 305 North Front Street P.O. Box 999 Harrisburg" P A 171 08-0999 (717) 255-7632 Attorney for Defendant 310810.1 TRACY MCHALE, MICHAEL J. MCHALE and KARIN M. MCHALE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 04-885 v. CIVIL ACTION - LAW AMBER SUTPHEN, ,JURY TRIAL DEMANDED Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, HealthSouth Rehabilitation Center, 840 N. Front Street, Wormleysburg, PA 17043. (Name of Person or Entity) Within tlNenty (20) days after service of this subpoena. you are ordered by the court to produce the following documents or things: Any and all correspondences, hospitalization and medical records regarding treatment rendered on behalf of TRACY MCHALE, D/O/B: 01/21/1986, including, but not limited to patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-rays or other diagnostics, diagnostic test results and reports without limitation. at THOMAS, THOMAS & HAFER, llP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have thEI right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought ffyou fail to produce the documents or things required by this subpoena, within twenty (20) days attar its service, the party serving this subpoena may seek a court order compelling you to comply with It. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON: NAME: C. Kent Price. Esauire ADDRESS 305 N. Front Street. P. O. Box 999 Harrisbura. PA 17108 TELEPHONE: (717) 255-7632 SUPREME COURT ID No: 06776 ATTORNEY FOR: Defendant Prothonotary/Clerk, Civil Division DATE: Seal of the Court Daputy 308136.1 CERTIFICATE OF SERVICE >\,,' I, Rick Stains, Jr., Paralegal for the law firm Thomas, Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing a copy of the same in the United States mail, first class mail, directed to their office addresses as follows: C. Lee Anderson, Esquire John W. Frommer, Esquire Smigel, Anderson & Sacks, L.L.P. 4431 North Front Street, 3rd Floor Harrisburg, P A 1711 0 THOMAS, THOMAS & HAFER, LLP By: r~,~~ Rick Staills, Jr., P~al Date: '?/7-(z,ID'f 310810,1 CERTIFICATE OFSER"ICE I, Rick Stains, Jr., a Paralegal for the law firm Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the date set forth below: C. Lee Anderson, Esquire SMIGEL, .-dlNDERSON & SACKS, LLP 4431 North Front Street, 3rd Floor Harrisburg, P A 1711 0 THOMAS, THOMAS & HAFER, LLP By: ( Date: cl(7-1 ~ 'f 312479.1 C? ...., 0 c::') ~::;.; ::2 -fl ~. (n :rJ , 1~1-1 -n rn r-~ v T' m 1 -'n CJ (X) c5,~ -n ~j~ '. ::J;: , "" ~::. 'I;": -'j <=:; '::D -<. +< .' --.-"'" SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-00885 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MCHALE TRACY ET AL VS SUTPHEN AMBER R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named ADD'L DEFENDANT MCGREGOR BARBARA ANN but was unable to locate Her in his bailiwick. He therefore returns the WRIT TO ADD'L DEFEN. , NOT FOUND , as to the within named ADD'L DEFENDANT, MCGREGOR BARBARA ANN 223 EAST MAIN STREET SHIREMANSTOWN, PA 17011-6315 PER POST OFFICE, DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 19.24 5.00 10.00 .00 52.24 So answe?5'c,-:c.c.:......"'~._~ ..~.:~" - ~~~-,... ( R. Thomas~ Sheriff of Cumberland County -., THOMAS THOMAS HAFER 08/27/2004 Sworn and subscribed to before me this 3/.A..t day of ~u..<-t- d--oo<1 A. D. (\-~Q~~ p~ohotary I Cumberland County, ss: The Commonwealth of Pennsylvania to Barbara Ann McGregor (Name of Additional Defendant) You are notified that Amber Sutphen (Name (.) of Defendant (s) has (have) joined you as an additional defendant in this action, which you are re- quired to defend. I)ate Auqust 9, 2004, (SEAL) Curtis R. Long l1rothonotary -By ~ t;~R .P, ';z]!./IA-' '1, J Barbara Ann McGregor 223 East Main Street Camp Hill, PA 17011-6315 TRUE COpy FROM RECORD In ~e.st;mon~ whereof, I here unto sat my hand "'. "" "t ~ '8J' ~ ea_ Po rhis~day 01 .~" "--- /,(1....,-;;;::. P. 4"Y, rothonotary ~; .J~<::.I "~t/f.' -f,,-,,' ,~::::j I" "-:----. <./'''',,,-'''' '<~, H-J~",wn > Ii l I~ >-'I ~ . ~ . o. ~ Cl-J 0<.11 o~ 10. 0 . ~til-&Z ~ ti ~ "" Z<.11 0::; s~ I O<.11c1~~rt 10> g' ~ 00 . I R 5' 00 -J "'::;'~ ::It-3 g rt <.11 o O'\LO \0 -g. 0> 0"1 W... \0 I-!j f-l- O>-l ;;: lU n -IN ~(l Ol f"' -....J 'i:l CD ~d ~ '" '" ;J> ::;. ~ ~ .... rtt'j ~ ;;: \-' ,.... t""..... ~ f". -J moo (l ,.... 11'@ 00 g \-' i 0 :>- CIl 00 m Ii' t!:!.... I O!jZ C1. \-' rtCll e. ~t1 ~ "" 1 8' . 0> eo ~ :>- >z 0 i g: - t <0 ~ ~ lU I~ ~ C1. .. ~ :1.1 ~ ~ ~ " SHi\3d , \ 'In'~1 \ J ^: \ :L:1\ < \ J SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-00885 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCHALE TRACY ET AL VS SUTPHEN AMBER R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named ADD'L DEFENDANT, to wit: MACGREGOR BARBARA ANN but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within WRIT TO ADD'L DEFEN. On September 22nd , 2004 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 18.00 9.00 10.00 31.25 .00 68.25 09/22/2004 THOMAS THOMAS .S.~. er. .-..._./_..........~ .. ..:::3~--":::;:::::= _/~ ~ T~o~as i21i~' . Sheriff of Cumberland County HAFER Sworn and subscribed to before me this J.3A4.. day of ~L. ,,)019'1 A.D. C'~~rL- Q 'th,;;,.., ~ Prothonotary In- The Court of Common Pleas of Cumberland County, Pennsylvania Tracy McHale et al VS. Amber Sutphen et al SERVE: Barbara Ann MacGregor No. 04-885 civi.l Now, Septanber 9, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin _ County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. . r~~ #<~ Sheriff of Cumberland County, PA Affidavit of Service Now, ,20_, at __ o'clock M. served the within upon _____ .----~'--_._-----.--______ ._m_______.__._.__._"'_.__~_"__~ at by handing to a copy of the original and made lmown to the contents thereof So answers, . . Sheriff of County, PA Sworn and subscribed before me this day of , 20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ @ffire of flr~ ~4J~Xiff William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17 to t ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania MCHALE TRACY County of Dauphin vs MACGREGOR BARBARA ANN Sheriff's Return No. 6570-T - -2004 OTHER COUNTY NO. 04 BB5 AND NOW:Septernber 13, 2004 at 4:30PM serv,~d the within PRAECIPE FOR WRIT TO JOIN ADDTL. DEFT. upon MACGREGOR BARBARA ANN INMATE #D57467 to DEFENDANT by personally handing 1 true attested copy(ies) of the original PRAECIPE FOR WRIT TO JOIN ADD'I'L. DEFT. and making known to him/her the contents thereof at DAUPHIN COUNTY PRISON 501 MALL ROAD HARRISBURG, PA 17111-0000 Sworn and subscribed to So Answers, JK~~ lefore me this 14TH day of SEPTEMBER, 2004 Sheriff of Dauphin County, Pa. ~/ '- NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2006 j:,\~ Q~ Deputy Sheriff Sheriff's Costs:$31.25 PD 09/14/2004 RCPT NO 199565 By NM THOMAS, THOMAS & HAFER, LLP 305 North Front Street P,O. Box 999 Harrisburg, PA 17108 C. Kent Price, Esquire Attorney 1.0. 06776 717-255-7632 Attorneys for Defendants TRACY MCHALE, MICHAEL J. MCHALE and KARIN M. MCHALE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 04-885 v. CIVIL ACTION - LAW .AMBER SUTPHEN. JURY TRIAL DEMANDED Defendant CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009,,22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. Plaintiff does not object to the subpoenas and waives the Notice of Intent to Service Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 ; 2. A copy of a letter dated February 4, 2005, and executed by Plaintiffs counsel, C. Lee Anderson, Esquire, indicating no objections and waiver of the notice of intent is attached to this Certificate; 3. A copy of the proposed subpoena is attached to this certificate; and 4. The subpoena which will be served is identical to the subpoena which is attached to this certificate. THOMAS, THOMAS & HAFER, LLP Date: 2-15-0~ C-k~ C. Kent Plice, Esquire LD. Number: 06776 305 N. Front Street Post Office Box 999 Harrisburg, PA 17108 (717) 255..7632 312479.2 ATTORNEYS AT LAW ~ THOMAS, THOMAS & HAFER LLP www.tthlaw.com 30S North Front Street, P.O. Box 999, Harrisburg, l' A 17108 Phone: (717) 237,7100 Fax: (717) 237-7105 Dj. -Dl -iJ5 1?:l~6"\~ Rick L Stains, Paralegal (717) 441-7056 rstains@tthlaw.com February 4,2005 C. Lee Anderson, Esquire Smigel, Anderson & Sacks, L.L.P. 4431 North Front Street, 3rd Floor Harrisburg, P A 1711 0 RE: McHale v. Sutphen Docket No. 04-885 Our File No.: 347.40395 Dear Attorney Anderson: Enclosed please find a Notice of Intent to Serve Subpoena to Cumberland Valley School District pursuant to Rule 4009.21. If you have no objection to the subpoenaing of these records and are willing to waive the 20-day notice period, please sign where indicated and return a copy of this letter to me at your earliest convenience. Thank you for your attention to this matter. Sincerely yours, THOMAS, THOMAS & HAFER, LLP By: ~ Rick Stains, Jr., Para C. Kent Price Enclosure:295665,s I, C-- 2.. "'- -e. J},',cQev r C.WI, Esquire, counsel for Plaintiff, have no objection to the serving of the subpoenas identified in the attached Notice of Intent and hereby waive the 20-day notice period. Counsel for Defendant shall provide me with copies of all records thez;t {ri pursuant to these subpoenas. ___ ~' //"/)/ .', d ..., ( /J y' J 7 ( Date: -,z - I) ''--'..> ~ /' , Esquire I Bethlehem Office .3400 Bath Pike, Suite 302, Bethlehem, pA 18017 . Phone: (610) 868-1675 . Fax: (610) 868,1702 Pittsburgh Office .301 Grant Street, Suite 1150, Pittsburgh, pA 15219 . Phone: (412) 697-7403. Fax: (412) 697-7407 TRACY MCHALE, MICHAEL J. MCHALE and KARIN M. MCHALE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 04-885 v. CIVIL ACTION - LAW AMBER SUTPHEN, JURY TRIAL DEMANDED Defendant Defendant intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. Ifno objection is made, the subpoena may be served. THOMAS, THOMAS & HAFER, LLP By: C-k:~ C. Kent Price, Esquire Identification Number: 06776 305 North Front Street P.O. Box 999 Harrisburg, P A 17108-0999 (717) 255-7632 Attorney fiJr Defendant Date: 2 - 'I ~ D.5 310810.2 TRACY MCHALE, MICHAEL J. MCHALE and KARIN M. MCHALE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 04-885 v CNIL ACTION - LAW AMBER SUTPHEN, JURY TRIAL DEMANDED Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RUll.,E 4009.22 TO: Records Custodian. Cumberland Vallev School District. 6746 Carlisle Pike. Mechanicsburg. PA 17050. (Name ofperson or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all records regarding TRACY MCHALE. DOB: 01/21/1986. including. but not limited to: official transcripts. courses of studv. grades. standardized aptitude test results or its equivalent. intelligence and/or psvchological test results. evaluations. disciplinary actions. health records. counseling records. correspondence and memos. In particular. anv/all information pertaining to her test results. teacher and/or instructor notations and/or recommendations. all classroom textbooks and teaching materials and the outline of the course curriculum(s): at: Thomas. Thomas & Hafer. LLP. 305 N. Front St.. P.O. Box 999. Harrisburg. PA 17108 (Address) You may deliver or mail legible copies oftbe documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have thl::: right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: C. Kent Price, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717)255-7632 SUPREME COURT ID#: 06776 ATTORNEY FOR: Defendant BY THE COURT: DATE: Sea' of the Court Prothonotary/Clerk, Civil Division Deputy 339237.1 CERTIFICATE OF SERVICE I, Rick Stains, Jr., Paralegal for the law firm Thomas, Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing a copy of the same in the United States mail, first class mail, directed to their office addresses as follows: C. Lee Anderson, Esquire John W. Frommer, Esquire Smigel, Anderson & Sacks, L.L.P. 4431 North Front Street, 3rd Floor Harrisburg, P A 1711 0 THOMAS, THOMAS & HAFER, LLP By: c- Date: .)1 '-/1 oS- 310810.2 CERTIFICATE OF SERVICll I, Rick Stains, Jr., a Paralegal for the law firm Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the date set forth below: C. Lee Anderson, Esquire SMIGEL, .-dlNDERSON & SACKS, LLP 4431 North Front Street, 3rd Floor Harrisburg, PA 17110 THOMAS, THOMAS & HAFER, LLP By: ':~ Rick Stains, Jr. / / Paralegal Date: Z/I1oS 312479,2 , THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 C. Kent Pric~ Esquire Attorney!.D, 06776 717-255-7632 Attorneys for Defendants TRACY MCHALE, MICHAEL J. MCHALE and KARIN M. MCHALE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 04-885 v. CNIL ACTION - LAW AMBER SUTPHEN, JURY TRIAL DEMANDED Defendant As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. Plaintiff does not object to the subpoenas and waives the Notice of Intent to Service Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.21; 2. A copy of a letter dated June 8, 2006, and executed by Plaintiffs counsel, John Frommer, Esquire, indicating no objections and waiver of the notice of intent is attached to this Certificate; 3. A copy of the proposed subpoena is attached to this certificate; and 4. The subpoena which will be served is identical to the subpoena which is attached to this certificate. THOMAS, THOMAS & HAFER, LLP Date: ~ II 'l/2.00 ~ # I C-)<:N =.t;2~ 0 C. Kent Price, Esquire LD. Number: 06776 305 N. Front Street Post Office Box 999 Harrisburg, P A 17108 (717) 255-7632 312479.3 . ATTORNEYS AT LAW ~ THOMAS, THOMAS & HAFER LLP www.tthlaw.com 305 North Front Street, P.O, Box 999, Harrisburg, PA 17108 Phone: (717) 237-7100 Fax: (717) 237-7105 Rick L. Stains, Paralegal (717) 441,7056 rstains@tthlaw,com June 8, 2006 John Frommer, Esquire Smigel, Anderson & Sacks, L.L.P. 4431 North Front Street 3rd Floor Harrisburg, P A 1711 0 RE: McHale v. Sutphen Docket No. 04-885 Our File No.: 347.40395 Dear Attorney Frommer: Enclosed please find a Notice of Intent to Serve Subpoena to Denise Harr, MD., Good Hope Family Medicine, pursuant to Rule 4009.21. If you have no objection to the subpoenaing of these records and are willing to waive the 20-day notice period, please sign where indicated and return a copy of this letter to me at your earliest convenience. Thank you for your attention to this matter. Sincerely yours, THOMAS, THOMAS & HAFER. LLP By: Rick Stains, Jr., Par C. Kent Price Enclosure:295665,21 I, ::::;-: \"", Fr o'^'~ Esquire, counsel for Plaintiff, have no objection to the serving of the subpoenas identified in the attached Notice of Intent and hereby waive the 20-day notice period. Counsel for Defendant shall provide me with copies of all records they obtain pursuant to these subpoenas. "'il1./a\' ~&q""' Bethlehem Office .3400 Bath Pike, Suite 302, Bethlehem, PA 18017 . Phone: (610) 868-1675. Fax: (610) 868-1702 Pittsburgh Office .301 Grant Street, Suite 1150, Pittsburgh, PA 15219 . Phone: (412) 697-7403 . Fax: (412) 697,7407 Date: , TRACY MCHALE, MICHAEL J. MCHALE and KARIN M. MCHALE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 04-885 v. CNIL ACTION - LAW AMBER SUTPHEN, JURY TRIAL DEMANDED Defendant Defendant intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. THOMAS, THOMAS & HAFER, LLP By: (___. m- ~.- C. Kent Price, Esquire Identification Number: 06776 305 North Front Street P.O. Box 999 Harrisburg, P A 171 08-0999 (717) 255-7632 Attorney for Defendant Date: (;(PIO 8/2..DD '- 310810.3 , TRACY MCHALE, MICHAEL 1. MCHALE and KARIN M. MCHALE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 04-885 v. CNIL ACTION - LAW AMBER SUTPHEN, JURY TRIAL DEMANDED Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Denise Harr, M.D., Good Hope Family Medicine, 1830 Good Hope Road, Enola, PA 17025. (Name of Person or Entity) Within twenty (20) days after service of this subpoena. you are ord~red by the court to produce the following documents or things: Any and all correspondences, hospitalization and medical records regarding treatment rendered on behalf of TRACY MCHALE, SSN: 179-{;6-0031, D/O/B: 01/21/1986, including. but not limited to patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-rays or other diagnostics. diagnostic test results and reports without limitation. at THOMAS, THOMAS & HAFER, llP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance. the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things requIred by this subpoena, INithin tvJenty (20) days after its service. the party serving this subpoena may seek a court order ccmpelJing you to canply \Wh it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON: NAME: C. Kent Price. Esauire ADDRESS 305 N. Front Street. P. O. Box 999 Harrisbura. PA 17108 TELEPHONE: (717) 255-7632 SUPREME COURT ID No: 06776 ATTORNEY FOR: Defendant Prothonotary/Clerk, Civil Diviston DATE: Deputy Seal of the Court 432928.1 . I, Rick Stains, Jr., Paralegal for the law firm Thomas, Thomas, Thomas & Hafer, LLP, hereby certifY that I have served a true and correct copy of the foregoing document on the following persons by placing a copy of the same in the United States mail, first class mail, directed to their office addresses as follows: John W. Frommer, Esquire Smigel, Anderson & Sacks, L.L.P. 4431 North Front Street, 3rd Floor Harrisburg, PA 17110 THOMAS, THOMAS & HAFER, LLP By: Date: ~/f/~ 310810.3 I, Rick Stains, Jr., a Paralegal for the law firm Thomas, Thomas & Hafer, LLP, hereby certifY that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the date set forth below: John Frommer, Esquire SMIGEL, ANDERSON & SACKS, LLP 4431 North Front Street, 3rd Floor Harrisburg, P A 17110 THOMAS, THOMAS & HAFER, LLP By: Rick Stains, Jr., Paraleg to C. Kent Price Date: C.I"/O(.. 312479.3 r-' '-:--; v~, n ;-...) C) ,-) -n .-. -r:-n f'!1p-;: :~~8 '",,\ ".__ -:J ~"," -' "'-=-J (.') )\-n ::::., 'CclJ :< (-,) o L.~~ II I TRACY MCHALE, MICHAEL J. MCHALE, AND KARIN M. MCHALE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 04-885 AMBER SUTPHEN, a Minor, Defendant. CNIL ACTION - AT LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, C. Lee .Anderson, Esquire, hereby certify that a true and correct copy of the Plaintiffs' Second Request for Production of Documents Directed to Defendant was served upon the following as addressed below by depositing the same in the United States Mail, first class mail, postage prepaid, at Harrisburg, Pennsylvania on this 30th day of June, 2006: Kent Price, Esquire Thomas, Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 SMIGEL. ANDERSON & SACKS Date: June 30, 2006 By: C. e ID # 315 John W. Frommer, Esquire ID # 41266 4431 North Front Street Harrisburg, P A 17110 (717) 234-2401 Attorneys for Plaintiffs r-' ,-:C':~ C) ~-n c:r 1 (,,)1 -n ~.i ' ..-.- f:-? c " . ... TRACY MCHALE, MICHAEL J. MCHALE, AND KARIN M. MCHALE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 04-885 AMBER SUTPHEN, a Minor, Defendant CNIL ACTION - AT LAW JURY TRIAL DEMANDED SUGGESTION OF MAJORITY OF DEFENDANT AND NOW, on this 10th day of July, 2006, it is suggested of record that Defendant Amber Sutphen attained majority status of eighteen years of age on March 20, 2004. Therefore, the name of the Defendant is hereby changed on the caption to Amber Sutphen, Defendant. SMIGEL, ANDE SACKS Date: July 10, 2006 By: C. J.D. : 2 315 John W. rommer, Esquire LD. #: 1266 4431 North Front Street Harrisburg, P A 17110 (717) 234-2401 Attorneys for Plaintiffs , .. ,>' TRACY MCHALE, MICHAEL J. MCHALE, AND KARIN M. MCHALE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 04-885 AMBER SUTPHEN, a Minor, Defendant CNIL ACTION - AT LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, C. Lee Anderson, Esquire, hereby certify that a true and correct copy of the foregoing Suggestion of Majority of Defendant was served upon the following as addressed below by depositing the same in the United States Mail, first class mail, postage prepaid, at Harrisburg, Pennsylvania on this 10th day of July, 2006: Kent Price, Esquire Thomas, Thomas & Hafer, L.L.P. P.O. Box 999 Harrisburg, P A 17108 Date: July 10, 2006 By: C. e derson, Esquire ID#2315 John . Frommer, Esquire ID # 41266 4431 North Front Street Harrisburg, P A 17110 (717) 234-2401 Attorneys for Plaintiff .,,~ ~ . -.-i ---l ;~ (Ii r. PRAECIPE FOR T .T!ITTNG CASE FOR TRIAL (Must be typewritten and submitted In dupUcate) TO lHE PROTIlONOTARY OF CUMBERLAND COUNTY Please list the following case: [XI for JURY trial at the next term of civil cowt. o for trial withoutaJury. ---..-..-..------....--...----------..-..------......-----------------------..------ CAPTION OF CASE (entire cllption IIIl1St be sttzted /It full) TRACY MCHALE, MICHAEL J. MCHALE, AND KARIN M. MCHALE, ( check one) 1XI Civil Action - Law o Appeal from arbitration o (other) (p1aintifi)s (Defendant) The trIa1llst will be called on Oct 10, 2006 and Trials commence on Nav 6, 2006 Pretrials will be held on Oct 1 9, 2006 (Briefs /I1'e dIU 5 dilys be/tire pretrials No, 04-885 2004 Term vs. AMBER SUl'PHEN, vs. Indicate the attorney who will try case for the party who files this praecipe: John W.. Frarmer. E~lirp: r T~ Am~r~rm, 'RCUJJlir~ This case is ready for trial. Signed: Indicate trial c01UlSC1 for other parties ifknown: c. Kent Price, Esquire Date: July 31, 2006 Print Name: Attorney for: Plaintiffs --::! 1 ~", c' c -. TRACY MCHALE, MICHAEL J. MCHALE, AND KARIN M. MCHALE, 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs AMBER SUTPHEN, Defendant CIVIL TERM - LAW NO. 04-885 CIVIL TERM C) C <" -... -0 li:? Q}(_i"1 Zf~" (./;1 ":':.; "-> = ~ = CI'" 0 =rJ n n,.::D ~ -oFii f\.) :fJO <::) 01 ='.19 -0 -L-d :z '~~O .-m N 0 .. ~ N ;p <::) -< V. f: IN RE: PRETRIAL CONFERENCE ~ ;i~:- 5c": A pretrial conference was held on Thursda~ ~ October 19, 2006, before the Honorable Edward E. Guido, Judge. Present for the Plaintiff was John W. Frommer, Esquire, and present for the Defendant was C. Kent Price, Esquire. Counsel expect this case will take four days to try. There are no scheduling conflicts. This is an automobile accident case in which both the Defendant driver and Plaintiff passenger were allegedly intoxicated. Defendant is raising the comparative negligence of the Plaintiff in defense. There is no question that the Plaintiff was seriously injured. The nature and extent of the injuries may be an issue particularly with regard to future lost wages. The parties are given specific permission to review the jury questionnaire in advance of the trial in accordance with the procedure put in place by the court -- administrator. The parties are directed to file any motions in limine ten days before commencement of trial. Any responses shall be filed on the Friday before the trial commences. All motions and responses shall be accompanied by supporting authority. Plaintiff has demanded policy limits. While Defendant has made no offer to this point, both parties are encouraged that settlement remains a possibility. -.--..\ By the Court,' ~~-,; ';:?{-J / ,,' \ ? /. "'--- Edward E. Guido, J. John W. Frommer, Esquire For the Plaintiff C. Kent Price, Esquire For the Defendant Court Administrator :lfh TRACY MCHALE, MICHAEL J. MCHALE, AND KARIN M. MCHALE, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiffs : NO. 04-885 v. AMBER SUTPHEN, Defendant CIVIL ACTION - AT LAW JURY TRIAL DEMANDED PLAINTIFFS' MOTION IN LIMINE AND NOW COMES Plaintiffs Tracy McHale, Michael J. McHale, and Karin M. McHale, by and through their attorneys, Smigel, Anderson & Sacks, LLP, to file this Plaintiffs' Motion in Limine and aver in support as follows: 1. This case involves claims for negligence and negligence per se for violations of the Pennsylvania Motor Vehicle Code for damages suffered by Plaintiff Trace McHale ("McHale") when she was a passenger in a vehicle driven by Defendant Amber Sutphen ("Sutphen"). 2. McHale was a passenger in a car driven by Sutphen on June 20, 2003 when Sutphen lost control of the vehicle and crashed into a tree. 3. Both McHale and Sutphen were minors and high school students at the time of the accident and were drinking at a party before the accident. 4. McHale suffered a closed head injury resulting in permanent brain damage as a result of the accident. 5. McHale is claiming damages for past, present and future pain and suffering; past, present, and future loss of life's pleasures; loss of earnings and earning capacity; unreimbursed past, present and future medical expenses; and scarring and disfigurement. 6. In the depositions and discovery undertaken by both parties in this matter, it was reported in McHale's medical records and vocational interview records, among other records, that she had a prior history of alcohol and marijuana use and was sexually active. 7. Under Pennsylvania law, only relevant evidence is admissible and evidence that is not relevant is not admissible. Pa. R.E. 402. 8. "Relevant evidence" is evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. Pa. R.E. 401. 9. Any evidence of McHale's marijuana use, alcohol use prior to the night of the accident, and sexual history is not relevant in this matter. 10. This evidence does not possess any tendency to make the existence of a material fact more or less probable than it would be without this evidence. 11. This evidence has nothing to do with whether Sutphen operated the vehicle on the night of the accident in a negligent or non-negligent manner or complied with the Pennsylvania Motor Vehicle Code. 12. Furthermore, this evidence has no effect on any of McHale's damages including pain and suffering, wage loss, or medical expenses. 13. Excluding this evidence would also be consistent with Pennsylvania law interpreting Pa. R.E. 401 and 402. 14. For example, in a criminal trial, evidence that the mother of the victim, who was also the defendants wife, used alcohol, marijuana, and referred to her sexuality in a crude manner was not relevant to her testimony and was properly excluded. Commonwealth v. Wynn, 850 A.2d 730 (Pa. Super. 2004). 15. In addition, this evidence should be excluded because the probative value it does have, if any, is outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury. Pa. R.E. 403. Antonini v. Western Beaver Area School District, 874 A.2d 679 (Pa. Commw. 2005) (excluding evidence of shredding documents in an employment termination action because such evidence would confuse the issues). 16. When applying Pa. R.E. 403, the trial court has great discretion to balance the prejudicial effect of evidence against its probative value. Commonwealth v. Parker, 882 A.2d 488 (Pa. Super. 2005). 17. To allow in evidence of McHale's prior marijuana and alcohol use and her sexual history would cause the jury either confusion or encourage the jury to decide the case on an unfair basis. 18. Evidence of a party's drug use is clearly highly prejudicial Bolden v. SEPTA, 44 Pa. D. & CAth 397 (Phila. 2000). 19. In Bolden, a negligence action for personal injury damages, a new trial was ordered on appeal when the jury heard testimony of the plaintiffs drug use because the evidence's probative value, if any, was outweighed by the danger of unfair prejudice in the eyes of the jury. Bolden, 44 Pa. D. & CAth at 401. 20. In Dragovits v. Lehr, 45 Pa. D. & CAth 420 (Lehigh County 2000), evidence of the plaintiff pedestrian's blood alcohol level, who was hit by the defendant driver, was not admissible to prove contributory negligence because any probative value of the evidence was outweighed by the danger of unfair prejudice and confusion. 21. Furthermore, in Commonwealth v. Douglass, 588 A.2d 53 (Pa. Super. 1991), evidence of drug use by mother of underage witness and victim was properly excluded as ... prejudicial. See also Commonwealth v. Phillips, 700 A.2d 1281 (Pa. Super. 1997) (excluding evidence of a blood alcohol test in a DUl trial because there was no expert testimony relating it back to the time the defendant was driving; its probative value was outweighed by the danger of unfair prejudice). 22. Therefore, based on Pennsylvania evidence law, introducing evidence of McHale's marijuana use, prior alcohol use, and sexual history would be unfairly prejudicial to the Plaintiffs, confuse the jury, and mislead them from the relevant issues in the case. WHEREFORE Plaintiffs Tracy McHale, Michael J. McHale, and Karin M. McHale respectfully request that the Defendant be precluded from offering or introducing evidence of Plaintiff Tracy McHale's marijuana use, prior alcohol use, and sexual history because such evidence is not relevant and has no probative value. Respectfully submitted, SMIGEL, ANDERSON & SACKS Date: October 27, 2006 By: Jo W. Fr LD. : 41 C. Lee Anderson, Esquire LD.#: 21315 River Chase Office Center 4431 North Front Street, 3rd Floor Harrisburg, P A 17110 (717) 234-2401 Attorneys for Plaintiffs .... TRACY MCHALE, MICHAEL J. MCHALE, AND KARIN M. MCHALE, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiffs : NO. 04-885 v. AMBER SUTPHEN, Defendant : CIVILACTION-ATLAW : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, John W. Frommer, Esquire, hereby certify that a true and correct copy of the foregoing PLAINTIFF'S MOTION IN LIMINE was served upon the following as addressed below by depositing the same in the United States Mail, first class mail, postage prepaid, at Harrisburg, Pennsylvania on this 27th day of October, 2006. C. Kent Price, Esquire THOMAS, THOMAS & HAFER 305 North Front Street, 6th Floor Harrisburg, P A 17108 SMIGEL, ANDERSON & SACKS By: , Jhll # 4 C. ee Anderson, Esquire ill # 21315 4431 North Front Street, 3rd Floor Harrisburg, P A 17110 (717) 234-2401 Attorneys for Plaintiff ..- t-0 c= C::,:::) (..,:..-~ o ." -\ :r::-n In;=:-" ~:~~, :-~: ._~ ~ ,..; ":~"- ~;:, h~ '::4- ",:> ::0 -< c:> C") --I N -.J t_,) - (,.,) C) W TRACY MCHALE, MICHAEL J. MCHALE AND KARIN M. MCHALE, PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, Plaintiffs : CIVIL ACTION - LAW v. : NO. 04-885 AMBER SUTPHEN, Defendant : JURY TRIAL DEMANDED PRAECIPE Please mark the docket in the above-entitled matter as settled and discontinued with prejudice. Smigel, Anderson & Sacks, LLP ATTORNEYS FOR PLAINTIFFS ~ ~ . ~ ~~ ~ ~~.. : '2,Q ~ ~; ; ~ ~~. :3 ~. .~." ~a 9 ~