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HomeMy WebLinkAbout08-5115r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW EMILY R. THEURER, Defendant JURY TRIAL DEMANDED PRAECIPE FOR SUMMONS DENISE M. HART and NO. '7 ? RICHARD R. HART, JR. Plaintiffs vs. : TO THE PROTHONOTARY: Issue summons in civil action in the above case and forward it to the Sheriff for service. Date: k-,;? / - O 'F The Law Offices of Donald L. Reihart, Esq. By: Donald L. Reihart, Esquire Sup. Ct. I.D. #07421 3015 Eastern Boulevard York, Pennsylvania 17402 Telephone (717) 755-2799 I Cs ;?. N k, W a 0 r N C? C? 7 C tV ut t 7 C'? -? CTt r ti I- ft Plaintiffs vs. CIVIL ACTION - LAW EMILY R. THEURER, Defendant JURY TRIAL DEMANDED SUMMONS IN CIVIL ACTION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DENISE M. HART and NO. " RICHARD R HART JR TO: Emily R. Theurer 900 Drexel Hills Boulevard New Cumberland, PA 17070 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date: At cD ;2 nog by P othonota Deputy SHERIFF'S RETURN - REGULAR CASE NO: 2008-05115 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HART DENISE M ET AL VS THEURER EMILY R ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon THEURER EMILY R the DEFENDANT , at 1925:00 HOURS, on the 3rd day of September, 2008 at 900 DREXEL HILLS BOULEVARD NEW CUMBERLAND, PA 17070 by handing to JOE THEARER FATHER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge g1b4l0 r So Answers: 18.00 17 . 0 0/ .59 10.00 R. Thomas Kline • * 00 4v 5.59 09/04/2008 DONALD REIHART Sworn and Subscibed to before me this day of , By: Deputy S ri A.D. 4 THOMAS, THOMAS & HAFER, LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 DENISE M. HART and RICHARD R. HART, JR., Plaintiffs, V. EMILY R. THEURER, Defendant. JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Todd B. Narvol, Esquire Attorney ID #42136 717-237-7133 Jason C. Giurintano, Esquire Attorney ID #89177 717-237-7157 Attorneys for Defendant Emily R. Theurer IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5115 CIVIL ACTION - LAW Please enter the appearance of Todd B. Narvol, Jason C. Giurintano and Thomas, Thomas & Hafer, LLP as counsel for Defendant in the above case. tted, Thomas, Tgoma,s-A Hafer, LLP Date: d 0 By: To of Attorney 'ID #42136 Jason C. Giurintano Attorney ID #89177 Attorneys for Defendant Emily R. Theurer t -ft CERTIFICATE OF SERVICE I, Todd B. Narvol, Esquire, do hereby certify that on this day I served a true and correct copy of the foregoing document upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Donald L. Reihart, Esquire 3015 Eastern Blvd. York, PA 17402 Respectfully Thomas, T*64 Hafer, LLP Date: ?a By: Todd B. A # 2136 Jason C. ' ntano, Esquire Attorney ID #89177 Attorneys for Defendant Emily R. Theurer r-a :- c-7D -t €. _ 41 THOMAS, THOMAS & HAFER, LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 Todd B. Narvol, Esquire Attorney ID #42136 717-237-7133 Jason C. Giurintano, Esquire Attorney ID #89177 717-237-7157 Attorneys for Defendant Emily R. Theurer DENISE M. HART IN THE COURT OF COMMON PLEAS and RICHARD R. HART, JR., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. : NO. 08-5115 EMILY R. THEURER, CIVIL ACTION - LAW Defendant. : JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a Rule directing Plaintiff to file a Complaint against Defendant within twenty (20) days or suffer judgment of non pros. Respectfully Todd I3,,N /ol Attorney ID #42136 Jason C. Giurintano Attorney ID #89177 Attorneys for Defendant Emily R. Theurer Date: J U'? By: Thomas, Thgf $'& Hafer, LLP THOMAS, THOMAS & HAFER, LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 DENISE M. HART and RICHARD R. HART, JR., Plaintiffs, V. EMILY R. THEURER, Defendant. Todd B. Narvol, Esquire Attorney ID #42136 717-237-7133 Jason C. Giurintano, Esquire Attorney ID #89177 717-237-7157 Attorneys for Defendant Emily R. Theurer IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5115 CIVIL ACTION - LAW JURY TRIAL DEMANDED RULE TO FILE COMPLAINT TO: PLAINTIFFS DENISE M. HART and RICHARD R. HART, JR. c/o Donald L. Reihart, Esquire 3015 Eastern Boulevard York, PA 17402 You are hereby directed to file a Complaint against Defendant within twenty (20) days of service of this Rule or suffer judgment of non pros. Pro onotaryDated: / D/ 9/6a By. t 77 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DENISE M. HART and NO. 08-5115 Civil Term RICHARD R. HART, JR. Plaintiffs vs. EMILY R. THEURER, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND 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 defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service of the Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone No. 717-249-3166 1-800-990-9108 NOTICIA Le han demandado a usted a la corte. Si usted quiere defenderse en contra estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra suya. Se ha avisado que si usted no se defienda, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. LISTED PUEDE PERDER DINERO 0 PROPIEDADES 0 OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE 0 CONOCES UN ABOGADO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service of the Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone No. 717-249-3166 1-800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DENISE M. HART and RICHARD R. HART, JR. Plaintiffs vs. EMILY R. THEURER, Defendant NO. 08-5115 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT st AND NOW, TO WIT, this,3fday of 2008, come the Plaintiffs, Denise M. Hart and Richard R. Hart, Jr., by and through their attorney, the Law Offices of Donald L. Reihart, Esquire, and file this Complaint, whereof the following is a statement: 1. Plaintiff, Denise M. Hart, is a U.S. citizen and an adult individual residing at 111 Weldon Drive, York, Pennsylvania 17404. 2. Plaintiff Richard R. Hart, Jr., is a U.S. citizen, an adult individual, and the husband of Plaintiff Hart, residing at 111 Weldon Drive, York, Pennsylvania 17404. 3. Defendant Emily R. Theurer, is a U.S. citizen and an adult individual residing at 900 Drexel Hills Boulevard, New Cumberland, Pennsylvania 17070. 4. Defendant Theurer was the owner and operator of Ford Escape that was involved in a traffic collision at 8:20 a.m., Friday, September 29, 2006. 5. The traffic collision occurred on Interstate Route 83, north of Exit 40B, at approximately Milepost 40.8, in New Cumberland Borough, Cumberland County, Pennsylvania. 6. Plaintiff Denise Hart was a passenger in a vehicle operated by Patricia Weidigh. 7. The vehicle operated by Patricia Weidigh was in the right traffic lane of Interstate Route 83. 8. The Weidigh vehicle was stopped because traffic ahead on Interstate Route 83 was stopped. 9. Defendant Theurer was traveling north on Interstate Route 83 in the right traffic lane. 10. Defendant Theurer looked away from the road. 11. When Defendant Theurer looked forward at the road again, she saw traffic was stopped. 12. Defendant Theurer was unable to stop and she hit the vehicle in which Plaintiff Denise Hart was a passenger, driven by Patricia Weidigh, in the rear end. 13. Plaintiff Denise Hart was seated in the middle position of the rear seat at the time of the collision and she was using a lap safety belt. 14. At the site of the collision, Interstate Route 83 was level and straight, and the road surface was dry. 15. At the time of the collision, there were no adverse weather conditions. 16. At the time of the collision, there were no environmental/roadway factors that contributed to the collision. 17. At the time of the collision, there were no identified vehicle failures that contributed to the collision. 18. According to the Police Report of the accident, the driver, Defendant Theurer, was the prime factor in the collision due to "other improper driving actions". 19. Defendant Theurer was charged with careless driving under the provisions of the Pennsylvania Motor Vehicle Code, 75 Pa.C.S.A. § 3714. COUNT I - NEGLIGENCE Denise M. Hart V. Emily R. Theurer 20. Plaintiff incorporates Paragraphs 1 through 19 herein as though fully set forth at length. 21. In Pennsylvania, a driver has a duty under the law to "... not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon and the condition of the highway." 75 Pa.C.S.A. § 3310. 22. In Pennsylvania, a person has a duty under the law to not drive at a speed greater than the speed that will permit the driver to stop the vehicle with the "assured clear distance" ahead. 75 Pa.C.S.A. § 3361. 23. In Pennsylvania, a person has a duty under the law to carefully drive a vehicle in a manner that protects the safety of persons. 75 Pa.C.S.A. § 3714. 24. Defendant Theurer breached her duty under the law and was negligent and careless by: a. not keeping her eyes on the roadway in front of her before the collision. b. following the vehicle in which Plaintiff Hart was a passenger more closely than was reasonable and prudent, disregarding the conditions in which traffic had come to a standstill on Interstate Route 83 at the site and time of the collision. C. failing to stop her vehicle within the "assured clear distance" ahead of the vehicle in which Plaintiff Hart was a passenger on Interstate Route 83 at the site and time of the collision. d. failing to carefully drive her vehicle in a manner that protected the safety of Plaintiff Hart. e. colliding in the rear with the vehicle in which Plaintiff Denise Hart was a passenger. 25. Defendant Theurer is per se negligent because she was charged with careless driving under the provisions of the Pennsylvania Motor Vehicle Code, 75 Pa.C.S.A. § 3714 on September 29, 2006 in violation of the Pennsylvania Motor Vehicle Code and this conduct was a direct and proximate cause of the collision. 26. At the aforesaid time and place, as a direct and proximate result of Defendant Theurer's negligence, Plaintiff Hart suffered severe shock and damage, both known and unknown, to her physical, emotional and mental systems and existing weaknesses and pre-existing conditions, if any, were injured or aggravated. 27. As a direct and proximate result of Defendant Theurer's negligence, Plaintiff Hart sustained painful and severe injuries, including but not limited to, severe strain/sprain of the cervical spine, low back pain, and disorders of the sacrum, and required additional medical treatments. 28. As a direct and proximate result of Defendant Theurer's negligence, Plaintiff Hart has suffered and will continue to suffer physical pain, inconvenience, disability and disfigurement, humiliation, embarrassment, loss of life's enjoyments and pleasures, and all other matters for which damages may be recovered under the law of the Commonwealth of Pennsylvania. 29. As a direct and proximate result of Defendant Theurer's negligence, Plaintiff Hart has been forced to incur substantial medical and hospital bills in the amount of $7,170.09 and miscellaneous other expenses for her care and treatment. 30. As a direct and proximate result of Defendant Theurer's negligence, Plaintiff Hart suffered a loss in earnings and eaming capacity. 31. At the time of the collision Plaintiff Hart was insured by Penn National Insurance Company and had limited tort coverage. (See attached Exhibit A.) WHEREFORE, Plaintiff now respectfully demands a judgment against Defendant Theurer in excess of Fifty Thousand Dollars ($50,000.00), the amount requiring referral to arbitration by the Cumberland County Local Rules, together with interest and costs of suit. COUNT fl - LOSS OF CONSORTIUM Richard R. Hart V. Emily R. Theurer 32. Plaintiff incorporates Paragraphs 1 through 31 herein as though fully set forth at length. 33. Plaintiff Richard R. Hart, Jr. is the husband of Plaintiff Denise M. Hart. 34. As a result of the injuries suffered by Plaintiff Denise M. Hart, Plaintiff Richard R. Hart, Jr. was, and is, denied the companionship, society and other consortium rights of his wife. WHEREFORE, Plaintiff, Richard R. Hart, Jr., demands judgment against the Defendant in excess of Fifty Thousand Dollars ($50,000.00), the amount requiring referral to arbitration by the Cumberland County Local Rules, together with interest and costs of suit. Date: /D - ,3/ " o '?s Respectfully submitted, By: Donald L. Reihart, Esq. Sup. Ct. I.D. # PA 07421 3015 Eastern Boulevard York, PA 17402-2904 Telephone (717) 755-2799 Facsimile (717) 755-2530 email@reihartlaw.com Attorney for Plaintiff BY: Ja S. B m sq. upreme Court I.D. # PA 66122 VERIFICATION We, the undersigned, hereby affirm that the facts contained in the foregoing document are true and correct to the best of our knowledge, information, and belief. This statement is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: / o - 3o-o?- Date: / U -- 3,v OF' Denise M. Hart :L? P_ , • Richard R. Hart, Jr. 0(?, ? I ? A ?. E .INSURED DECLARATIONS PREFERRED ADVANTAGE AUTO POLICY PENN NATIONAL RENEWAL O F POLICY 120 0187252 INSURANCE RENEWAL DECLARATION PennsyHanie National ll, Gm* Insurance Company P.O. Box 2361- Harrisburg, PA 17105 POLICY NUMBER 120 0 1 8 7 2 5 2 POLICY TERM 05/12/07 TO 11/12/07 AGENCY NUMBER 5512181 N HART RICHARD $ DENISE G LANTZY INSURANCE AGENCY u u 111 WELDON DRIVE E PO BOX 448 R YORK PA 17404 c CARROLLTOWN PA 15722 E 0 y VEHICLES COVERED UNIT ST TER YR MAKE-DESCRIPTION SERIAL NUMBER SYM CLASS LIMIT CHG DA1 001 PA 012 01 TYTA RAV4 JTEHH20V916005503 15 887220 05/12/( 002 PA 012 02 BUIK RNDVZCXCXL 3G5DB03E92S510952 13 889320 05/12/( 003 PA 012 03 MITS ECLIPSEGTS 4A3AC74HX3EO69710 23 832420 05/12/( INSURANCE IS PROVIDED WHERE A PREMIUM IS SHOWN FOR THE COVERAGE REFER TO ENCLOSED FORM 70-2758 FOR INFORMATION CONCERNING COVERAGE FOR DAMAGE TO RENTAL VEHICLES. COVERAGE LIMI TS OF LIABILITY PREMIUMS LIMITED TORT OPTION APPLIES UNIT 1 2 COMBINED BODILY INJURY AND PROPERTY DAMAGE LIABILITY $300,000 EACH ACCIDENT 100.00 102.00 248.0 UNINSURED MOTORIST COVERAGE BODILY INJURY $ 100,000 EACH ACCIDENT STACKING APPLIES 19.00 19.00 19.0 UNDERINSURED MOTORIST COVERAGE BODILY INJURY $ 100,000 EACH ACCIDENT STACKING APPLIES 20.00 20.00 20.0 OTHER THAN COLLISION $100 D EDUCTIBLE 26.00 22.00 158.0 COLLISION $250 DEDUCTIBLE 96.00 98.00 437.0 TOWING AND LABOR COSTS ($50 PER DISABLEMENT) 3.00 3.00 3.0 FIRST PARTY BENEFITS 41.00 43.00 68.0 COMBINATION FIRST PARTY BEN EFITS MAXIMUM TOTAL SINGLE LIMIT UP TO $277,500 SUBJECT TO THE FOLLOWING INDIVIDUAL LIMITS MEDICAL EXPENSE BENEFIT NO SPECIFIC DOLLAR AMOUNT WORK LOSS BENEFIT NO SPECIFIC DOLLAR AMOUNT FUNERAL EXPENSE BENEFIT UP TO $2,500 ACCIDENTAL DEATH BENEFIT $25,000 INCL INCL INC 7ORM 70-1986 (ED. 11/86) CONTINUED IN NUKLU DECLARATIONS PREFERRED ADVANTAGE AU TO POLL.CY RENEWAL O F POLICY 120 0187252 PENN NATIONAL ® INSURANCE RENEWAL DECLARATION Pennsylvania NabwW Mutual Casualty Insurance Company P.O. Box 2361- HerrWxxg, PA 17105 POLICY NUMBER 120 0187252 POLICY TERM 05/12/07 TO 11/12/07 AGENCY NUMBER 5512181 4 HART RICHARD & DENISE G LANTZY INSURA NCE AGENCY WELDON DRIVE PO BOX 448 K PA 17404 c CARROLLTOWN PA 15722 r y TOTAL BY UNIT 305.00 307 .00 953.0( TOTAL TERf1 PRENIUAI $1.505-00 THIS POLICY DOES NOT PROVIDE FIRST PARTY BENEFITS COVERAGE FOR: EXTRAORDINARY MEDICAL EXPENSE COVERAGE ANTI-LOCK BRAKING DISCOUNT APPLIES TO UNIT(S) 2,3 5% ANTI-THEFT DISCOUNT APPLIES TO UNIT(S) 1 15% ANTI-THEFT DISCOUNT APPLIES TO UNIT(S) 2 DUAL PASSIVE RESTRAINT CREDIT APPLIES TO UNIT(S) 1.2,3 (MATURE DRIVER DISCOUNT APPLIES TO UNIT(S) 2 SAFE DRIVER DISCOUNT APPLIES A 10% CREDIT APPLIES SINCE YOU HAVE AN ACTIVE HOMEOWNERS POLICY WITH OUR COMPANY DRIVER ID DRIVER NAME LICENSE NUMBER BIRTH DATE 01 RICHAR D HART 17487794 06/26/56 02 DENISE HART 17138088 09/13/57 03 BRITTA NY M HART 27128463 05/24/85 APPLICABLE FORMS FORM # DATE UNIT FORM # DATE UNIT FORM # DATE UNIT FORM # DATE UNIT 70-30540204 ALL 70-31390498 ALL PP00010698 ALL 70-30480106 ALL 70-448 01/99 ALL IL09100702 ALL 70-1672 ALL ACORD50 * ALL 70-16861085 ALL 70-26590790 ALL PP03381298 ALL 70-27380699 ALL 70-1512 ALL 70-31690199 ALL PP13011299 ALL 70-32820601 ALL 70-33410205 ALL 70-33540307 * ALL 70-32080307 * ALL 70-26690790 001 PP03090698 001 PP03190886 001 PP0305088`6 001 70-31291006 001 PP04220698 001 70-31311006 001 PP04180698 001 PP03030486 001 PP05510694 001 70-26690790 002 PP03090698 002 70-31291006 002 PP04220698 002 70-31311006 002 PP-04180698 002 PP03030486 002 PP05510694 002 70-26690790 003 PP03090698 003 PP03050886 003 70-31291006 003 PP04220698 003 70-31311006 003 PP04180698 003 PP0303D486 003 PP05510694 003 1 . . --% rnNT INt1FD INSURED DECLARATIONS PREFERRED ADVANTAGE AUTO POLICY RENEWAL OF POLICY 120 0187252 PENN NATIONAL two INSURANCE Pennsylvania NeUotW MaW Casuelp Inaur me Company P.O. Box 2364 • Hanisburg, PA 17105 RENEWAL DECLARATION POLICY NUMBER POLICY TERM AGENCY NUMBER 120 0187252 05/12/07 TO 11/12/07 5512181 N HART RICHARD & DENISE A LANTZY INSURANCE AGENCY s u 111 WELDON DRIVE E PO BOX 448 R YORK PA 17404 c CARROLLTOWN PA 15722 E D Y LOSS PAYEE FOR UNIT #001 LOSS PAYEE FOR UNIT #003 FIFTH THIRD AUTO LEASING TR COMMUNITY BANKS PO BOX 598 PO BOX 233 AMELIA OH 45102 HANOVER PA 17331 ADDITIONAL INSURED FOR UNIT #001 FIFTH THIRD AUTO LEASING TR PO BOX 598 AMELIA OH 45102 GARAGE LOCATION FOR UNIT #003 255 S 7TH ST INDIANA PA 15701 ANTI FRAUD NOTICE ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING. INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT. WHICH IS A CRIME AND SUBJECTS SUCH PERSON TO CRIMINAL AND CIVIL PENALTIES. 03/28/07 PROCESS DATE POLICY PERIOD 12:01 AM STANDARD TIME 3RM 70-1986 (ED. 11/86) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DENISE M. HART and RICHARD R. HART, JR. Plaintiffs vs. EMILY R. THEURER, Defendant NO. 08-5115 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Donald L. Reihart, Esquire, certify that a true and correct copy of the foregoing Complaint was caused to be served on the date shown below by depositing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Todd B. Narvol, Esq. Jason C. Giurintano Thomas, Thomas, & Hafer 305 North Front Street PO Box 999 Harrisburg, PA 17108 Counsel for Defendant Date: /D - a /- y k Respectfully submitted, By. Donald L. Reihart, Esq. Sup. Ct. I.D. # PA 07421 3015 Eastern Boulevard York, PA 17402-2904 Telephone (717) 755-2799 Facsimile (717) 755-2530 emailO-reihartlaw.com Attorney for Plaintiff ?? `?' r-> ' ? ? --? ...?? ? ?: _ "C5 0 ? --ti .... .. "'Y't . 7 » ,',, ? f:1Ct3 THOMAS, THOMAS & HAFER, LLP 305 NORTH FRONT STREET AttornNarvol ey ID Todd B. Attorney I, Esquire P.O. BOX 999 #42136 HARRISBURG, PA 17108 717-237-7133 Jason C. Giurintano, Esquire Attorney ID #89177 717-237-7157 Attorneys for Defendant Emily R. Theurer DENISE M. HART IN THE COURT OF COMMON PLEAS and RICHARD R. HART, JR., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, : V. NO. 08-5115 EMILY R. THEURER, CIVIL ACTION - LAW Defendant. JURY TRIAL DEMANDED NOTICE TO PLEAD TO: PLAINTIFFS DENISE M. HART and RICHARD R. HART, JR. c/o Donald L. Reihart, Esquire 3015 Eastern Blvd. York, PA 17402 You are hereby notified to plead in response to the attached New Matter within twenty (20) days of service hereof or the relief requested may be entered against you. submitted, & Hafer, LLP Date: C I -1q-V9 By: AttorneyliID #42136 Jason C. Giurintano Attorney ID #89177 Attorneys for Defendant Emily R. Theurer THOMAS, THOMAS & HAFER, LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 Todd B. Narvol, Esquire Attorney ID #42136 717-237-7133 Jason C. Giurintano, Esquire Attorney ID #89177 717-237-7157 Attorneys for Defendant Emily R. Theurer DENISE M. HART IN THE COURT OF COMMON PLEAS and RICHARD R. HART, JR., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. : NO. 08-5115 EMILY R. THEURER, : CIVIL ACTION - LAW Defendant. JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER Defendant, Emily Theurer, (hereinafter "Defendant"), by and through her counsel, Thomas, Thomas & Hafer, LLP, hereby answers Plaintif s Complaint as follows: 1. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the matters averred in this paragraph of the Complaint and, therefore, the averments are DENIED and strict proof is demanded at the time of trial. 2. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the matters averred in this paragraph of the Complaint and, therefore, the averments are DENIED and strict proof is demanded at the time of trial. 3. DENIED. Defendant's current address is 1124 Columbus Ave., Apt. 2, Lemoyne, PA 17043. 4. ADMITTED. By way of further response, Defendant's father, Joseph Theurer, is a co-owner of this vehicle as well. 5. ADMITTED. 6. Defendant has no knowledge as to the identity of the operator of the vehicle involved in the accident, nor does Defendant know the names of the passengers who were in said vehicle, therefore, this averment is DENIED and strict proof is demanded at the time of trial. 7. ADMITTED in PART and DENIED in part. It is ADMITTED only that at the time of the accident, there was a vehicle in front of Defendant in the right traffic lane. Defendant has no knowledge as to the identity of the operator of said vehicle, or the names of the passengers who were in said vehicle; therefore, all other averments are DENIED and strict proof is demanded at the time of trial. Defendant is without personal knowledge as to the name of the operator of the vehicle in front of her, nor does she know why the vehicle in front of her had stopped; therefore, all averments are DENIED and strict proof is demanded at the time of trial. 9. ADMITTED. More specifically, Defendant had just merged onto Route 83 at the time of the accident. 10.42. Denied generally pursuant to Pa.R.Civ.P. I 029(e). 13. Defendant has no knowledge as to the identity of the passengers of the vehicle in front of her, or where they were seated; therefore, all averments are DENIED and strict proof is demanded at the time of trial. -2- 14. ADMITTED in part and DENIED in part. It is ADMITTED only that the surface was dry. Any characterization of said road as "level" and "straight" is specifically DENIED. 15. ADMITTED in part and DENIED in part. The term "no adverse weather conditions" is vague and overly broad. It is ADMITTED only that it was not raining, sleeting or snowing, and the surface of the road was dry. All other interpretations of the term "no adverse weather conditions" are DENIED and strict proof is demanded at the time of trial. 16. Denied generally pursuant to Pa.R.Civ.P. I 029(e). Additionally, the term "enviromnentallroadway factor" is vague and undefined. 17. Denied generally pursuant to Pa.R.Civ.P.1029(e). Additionally, the term "identified vehicle failures" is vague and undefined. 18. The document referred to in this paragraph, the Police Report, speaks for itself, and any attempts by Plaintiff to characterize, summarize, paraphrase or interpret its contents are DENIED. 19. ADMITTED, subject to the provisions of 42 Pa.C.S. § 6142. COUNTI Negligence Denise M. Hart v. Emily Theurer 20. Defendant incorporates by reference, as though fully stated herein, the averments and denials set forth in paragraphs 1 through 19 of this Answer and New Matter. 21.-23. These paragraphs are conclusions of law to which no response is required. 24(a)-(e). Denied generally pursuant to Pa.R.Civ.P.1029(e). -3- 25. This paragraph is a conclusion of law to which no response is required. 26.-30. Denied generally pursuant to Pa.R.Civ.P.1029(e). 31. ADMITTED. WHEREFORE, Defendant demands that judgment be entered in her favor and against Plaintiff. COUNT II Loss of Consortium Richard R. Hart v. Emily R. Theurer 32. Defendant incorporates by reference, as though fully stated herein, the averments and denials set forth in paragraphs 1 through 31 of this Answer and New Matter. 33. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the matters averred in this paragraph of the Complaint and, therefore, the averments are DENIED and strict proof is demanded at the time of trial. 34. Denied generally pursuant to Pa.R.Civ.P.1029(e). WHEREFORE, Defendant demands that judgment be entered in her favor and against Plaintiff. NEW MATTER 35. Defendant hereby incorporates its responses to Paragraph 1 through 34 of this Answer with New Matter as if fully set forth herein. 36. Plaintiff's Complaint fails, in whole or in part, to state a claim against Defendant upon which relief can be granted. -4- 37. Any and all damages, injuries or losses allegedly sustained by the Plaintiff, which injuries and damages are strictly denied, were legally caused by the negligence of Plaintiff, and such conduct serves to reduce or bar Plaintiff's recovery pursuant to the terms of the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. §7102. 38. Plaintiff's claims are limited by the provisions of the Motor Vehicle Financial Responsibility Law. 39. Any act or omissions of Defendant were not substantial causes or factors or legal causes of the subject incident and/or did not result in the injuries, damages or losses alleged by Plaintiff. 40. Plaintiff is precluded from recovering non-economic damages as a result of her limited tort election. 41. Plaintiff's cause of action is barred by the Plaintiff's contributory negligence. 42. Any and all damages, injuries or losses allegedly sustained by Plaintiff may have been proximately caused by individuals and entities other than Defendant, including but not limited to, Plaintiff, or others for whose conduct Defendant is not liable or responsible. 43. The injuries, damages and losses alleged by Plaintiff may have been caused by events over which Defendant had no control and for which Defendant would not be responsible. -5- 44. Plaintiffs alleged injuries, losses and damages may have been caused by superseding or intervening events or acts of third parties over which Defendant had no control. 45. As discovery may show, Plaintiff s claims may be barred by the defenses of release, accord and satisfaction, waiver, estoppel, the terms of a contract or agreement, an award at arbitration or the statute of limitations, as may be shown in discovery in this case. 46. Defendant was not negligent in any manner whatsoever. 47. Plaintiffs' alleged injuries may be the result of pre-existing conditions or unrelated events, and may not be a result of the incident alleged in Plaintiff s Complaint. WHEREFORE, Defendant demands judgment in its favor and against Plaintiff together with costs. submitted, Date: By: Thomas, Thomas & Hafer, LLP Todd B. IN rvol Attorney #42136 Jason C. Giurintano Attorney ID #89177 Attorneys for Defendant Emily R. Theurer -6- VERIFICATION I, EMILY R. THEURER, hereby verify that the averments made in the foregoing Answer and New Matter to Plaintiff s Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. D to EMILY HEURER 553350.1 CERTIFICATE OF SERVICE I, Jason C. Giurintano, Esquire, do hereby certify that on this day I served a true and correct copy of the foregoing document upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Donald L. Reihart, Esquire 3015 Eastern Blvd. York, PA 17402 Date: By: Respectfully submitted, Thomas, Thofi*s & Hafer, LLP Todd B.1 Ta Gol Attorney ID 942136 Jason C. Giurintano, Esquire Attorney ID #89177 Attorneys for Defendant Emily R. Theurer C71 Ic I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DENISE M. HART and RICHARD R. HART, JR. Plaintiffs vs. EMILY R. THEURER, Defendant NO. 08-5115 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED REPLY TO NEW MATTER 35. Plaintiffs hereby incorporate Paragraphs 1 through 34 of their Complaint as if fully set forth herein. 36. Denied. On the contrary, it is averred that the allegation constitutes a conclusion of law for which no answer is required under Pennsylvania Rule of Civil Procedure 1029(d) and (e). 37. Denied. On the contrary, it is averred that the allegation constitutes a conclusion of law for which no answer is required under Pennsylvania Rule of Civil Procedure 1029(d) and (e). 38. Denied. On the contrary, it is averred that the allegation constitutes a conclusion of law for which no answer is required under Pennsylvania Rule of Civil Procedure 1029(d) and (e). 39. Denied. On the contrary, it is averred that the allegation constitutes a conclusion of law for which no answer is required under Pennsylvania Rule of Civil Procedure 1029(d) and (e). 40. Denied. On the contrary, it is averred that the allegation constitutes a conclusion of law for which no answer is required under Pennsylvania Rule of Civil Procedure 1029(d) and (e). 41. Denied. On the contrary, it is averred that the allegation constitutes a conclusion of law for which no answer is required under Pennsylvania Rule of Civil Procedure 1029(d) and (e). 42. Denied. On the contrary, it is averred that the allegation constitutes a conclusion of law for which no answer is required under Pennsylvania Rule of Civil Procedure 1029(d) and (e). 43. Denied. On the contrary, it is averred that the allegation constitutes a conclusion of law for which no answer is required under Pennsylvania Rule of Civil Procedure 1029(d) and (e). 44. Denied. On the contrary, it is averred that the allegation constitutes a conclusion of law for which no answer is required under Pennsylvania Rule of Civil Procedure 1029(d) and (e). 45. Denied. On the contrary, it is averred that the allegation constitutes a conclusion of law for which no answer is required under Pennsylvania Rule of Civil Procedure 1029(d) and (e). 46. Denied. On the contrary, it is averred that the allegation constitutes a conclusion of law for which no answer is required under Pennsylvania Rule of Civil Procedure 1029(d) and (e). 47. Denied. On the contrary, it is averred that the allegation constitutes a conclusion of law for which no answer is required under Pennsylvania Rule of Civil Procedure 1029(d) and (e). WHEREFORE, Plaintiffs demand judgment in their favor and against Defendant together with costs. Respectfully submitted, Date:"' Donald L. Reihart, Esq. Sup. Ct. I.D. # PA 07421 3015 Eastern Boulevard York, PA 17402-2904 Telephone (717) 755-2799 Facsimile (717) 755-2530 email(a-), reihartlaw.com Attorney for Plaintiffs VERIFICATION We, the undersigned, hereby affirm that the facts contained in the foregoing document are true and correct to the best of our knowledge, information, and belief. This statement is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: /02 -- /-- 0 r Date: 1;1 _ / V 8- Uvak ?A- - ? Denise M. Hart VR. Hart, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DENISE M. HART and NO. 08-5115 Civil Term RICHARD R. HART, JR. Plaintiffs vs. CIVIL ACTION - LAW EMILY R. THEURER, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Donald L. Reihart, Esquire, certify that a true and correct copy of the foregoing Reply to New Matter was caused to be served on the date shown below by depositing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Todd B. Narvol, Esq. Jason C. Giurintano, Esq. Thomas, Thomas & Hafer PO Box 999 Harrisburg, PA 17108 Respectfully submitted, 0 Date: -1,9 - -?- O k By: - Donald L. Reihart, Esq. Sup. Ct. I.D. # PA 07421 3015 Eastern Boulevard York, PA 17402-2904 Telephone (717) 755-2799 Facsimile (717) 755-2530 email reihartlaw.com Attorney for Plaintiffs t" , '?__7 `.. ?,:"k ?'t ' _ . e, i F? 5,..? i''7 r' : r .. C,_? ? • ?. ?? '" .. a.?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DENISE M. HART and RICHARD R. HART, JR. Plaintiffs vs. EMILY R. THEURER, Defendant NO. 08-5115 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Donald L. Reihart, Esquire, certify,that a true and correct copy of the foregoing Plaintiffs' Answers to Interrogatories of Defendant Directed to Plaintiffs - Set I was caused to be served on the date shown below by depositing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Todd B. Narvol, Esq. Jason C. Giurintano, Esq. Thomas, Thomas & Hafer PO Box 999 Harrisburg, PA 17108 Date: Respectfully submitted, By: Donald L. Reihart, Esq. Sup. Ct. I.D. # PA 07421 3015 Eastern Boulevard York, PA 17402-2904 Telephone (717) 755-2799 Facsimile (717) 755-2530 email(@-reihartlaw.com Attorney for Plaintiffs r-3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DENISE M. HART and RICHARD R. HART, JR. Plaintiffs vs. NO. 08-5115 Civil Term CIVIL ACTION - LAW EMILY R. THEURER, JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I, Donald L. Reihart, Esquire, certify that a true and correct copy of the foregoing Plaintiffs' Answers to Request for Production of Documents of Defendant Directed to Plaintiffs - Set I was caused to be served on the date shown below by depositing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Todd B. Narvol, Esq. Jason C. Giurintano, Esq. Thomas, Thomas & Hafer PO Box 999 Harrisburg, PA 17108 Date: /, ? ^ D 9 Respectfully submitted, By: r? ?-? X,Vato Donald L. Reihart, Esq. Sup. Ct. I.D. # PA 07421 3015 Eastern Boulevard York, PA 17402-2904 Telephone (717) 755-2799 Facsimile (717) 755-2530 email(a?reihartlaw.com Attorney for Plaintiffs ??} p.+? ? {` ? "i'3 :c; t.r ? ; ? ?? ? r ' ,? i ? . F 3• { ? s S?j ?"? - f THOMAS, THOMAS & HAFER, LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 DENISE M. HART and RICHARD R. HART, JR., V. EMILY R. THEURER, Plaintiffs, Defendant. Todd B. Narvol, Esquire Attorney ID #42136 717-237-7133 Jason C. Giurintano, Esquire Attorney ID #89177 717-237-7157 Attorneys for Defendant Emily R. Theurer IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-5115 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve a Subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party on or about February 6, 2009; 2. A true and correct copy of the Notice of Intent, including a copy of the proposed subpoenas, is attached to this Certificate. 3. The twenty day objection period has been waived by Attorney Reihart as reflected in his correspondence dated February 10, 2009, a copy of which is attached hereto; and 4. The subpoenas which will be served are identical to the subpoenas which are attached to this Certificate. Respectfully submitted, Thomas, Tho s & Hafer, LLP J.?.... Jason C. Gi ntano Attorney ID #89177 Attorneys for Defendant Date: ? Q ?? THOMAS, THOMAS & HAFER, LLP Todd B. Narvol, Esquire 305 NORTH FRONT STREET Attorney ID #42136 P.O. BOX 999 717-237-7133 HARRISBURG, PA 17108 Jason C. Giurintano, Esquire Attorney ID #89177 717-237-7157 Attorneys for Defendant Emily R. Theurer DENISE M. HART IN THE COURT OF COMMON PLEAS and RICHARD R. HART, JR., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. NO. 08-5115 EMILY R. THEURER, CIVIL ACTION - LAW Defendant. JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: PLAINTIFFS c/o: Donald L. Reihart, Esquire 3015 Eastern Blvd. York, PA 17402 Defendant intends to serve subpoenas upon the following providers and identical to the ones 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 subpoenas. If no objection is made, the subpoenas will be served. THOMAS, THO AS AF R, LLP Jason C. Giurintano, Esquire Atty. I.D. No. 89177 305 North Front Street, PO Box 999 Harrisburg, PA 17108 n (717) 237-7100 Date: ¢ ?? DENISE M. HART IN THE COURT OF COMMON PLEAS and RICHARD R. HART, JR., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs. : V. : NO. 08-5115 EMILY R. THEURER, : CIVIL ACTION - LAW Defendant. : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Guard Insurance Company, P.O. Box 1368, Wilkes-Barre, PA 18703-1368 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of the worker's compensation file including anv and all medical records, medical reports. medical bills, diagnostic studies. notes.. physical therapy records and correspondence. findings, determinations. etc. concerning Denise M. Hart. DOB: 09/13/1957. SSN: 168-48-7971 for accident date: 09/29/06 at: Thomas. Thomas & Hafer. LLP, 305 N. Front St.. P.O. Box 999. Harrisburg, PA 17108-0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jason C. Giurintano, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7626 SUPREME COURT ID#: 89177 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy DENISE M. HART IN THE COURT OF COMMON PLEAS and RICHARD R. HART, JR., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, : V. : NO. 08-5115 EMILY R. THEURER, : CIVIL ACTION - LAW Defendant. : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Memorial Hospital, Attn: Medical Records, 325 South Belmont Street, P.O. Box 15118, York, PA 17405 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records medical reports medical bills diagnostic studies, notes. physical therapy records and correspondence from DOB to the present concerniniz Denise M. Hart, DOB: 09/13/1957, SSN: 168-48-7971 at: Thomas Thomas & Hafer. LLP. 305 N. Front St.. P.O. Box 999. Harrisburg PA 17108-0999 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jason C. Giurintano, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7626 SUPREME COURT ID#: 89177 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy DENISE M. HART and RICHARD R. HART, JR., V. EMILY R. THEURER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, : NO. 08-5115 : CIVIL ACTION - LAW Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Greensprings Family Medicine, 1232 Greenspring Drive, York, PA 17402 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records medical reports medical bills diagnostic studies. notes, physical therapy records and correspondence from DOB to the present concerning Denise M. Hart, DOB: 09/13/1957, SSN• 168-48-7971 at: Thomas Thomas & Hafer, LLP, 305 N. Front St.. P.O. Box 999, Harrisburg PA 17108-0999 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jason C. Giurintano, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7626 SUPREME COURT ID#: 89177 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy DENISE M. HART and RICHARD R. HART, JR., V. Plaintiffs, EMILY R. THEURER, : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Christopher Lassiter, D. 0., Osteopathic Manipulative Medicine, 101 Good Drive, Suite 4, Lancaster, PA 17603 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, medical reports medical bills diagnostic studies, notes. physical therapy records and correspondence from DOB to the present concerning Denise M. Hart, DOB: 09/13/1957, SSN: 168-48-7971 at: Thomas Thomas & Hafer, LLP. 305 N. Front St.. P.O. Box 999, Harrisburg PA 17108-0999 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jason C. Giurintano, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7626 SUPREME COURT ID#: 89177 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5115 : CIVIL ACTION - LAW Defendant. : Prothonotary/Clerk, Civil Division Deputy DENISE M. HART IN THE COURT OF COMMON PLEAS and RICHARD R. HART, JR., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, : V. : NO. 08-5115 EMILY R. THEURER, : CIVIL ACTION - LAW Defendant. : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Bruce Klaskin, D.O., 1776 Queen Street, York, PA 17402 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records medical reports medical bills diagnostic studies, notes, physical therapy records and correspondence from DOB to the present concerning Denise M. Hart, DOB: 09/13/1957, SSN: 168-48-7971 at: Thomas Thomas & Hafer, LLP, 305 N. Front St.. P.O. Box 999, Harrisburg PA 17108-0999 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 parry making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jason C. Giurintano, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7626 SUPREME COURT ID#: 89177 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy DENISE M. HART and RICHARD R. HART, JR., V. EMILY R. THEURER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5115 CIVIL ACTION - LAW : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Bryan Ehrhart, Chiropractor, 804 Loucks Road, York, PA 17404 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, medical reports medical bills diagnostic studies, notes, physical therapy records and correspondence from DOB to the present concerning Denise M. Hart, DOB: 09/13/1957, SSN: 168-48-7971 at: Thomas Thomas & Hafer. LLP. 305 N. Front St., P.O. Box 999, Harrisburg. PA 17108-0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jason C. Giurintano, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7626 SUPREME COURT ID#: 89177 ATTORNEY FOR: Defendant DATE: Seal of the Court Plaintiffs, Defendant. : BY THE COURT: Prothonotary/Clerk, Civil Division Deputy DENISE M. HART and RICHARD R. HART, JR., V. EMILY R. THEURER, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-5115 : CIVIL ACTION - LAW Defendant. : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Wiliam Frank, 2200 S. George Street, York, PA 17403 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records. medical reports medical bills, diagnostic studies, notes, physical therapy records and correspondence from DOB to the present concerning Denise M. Hart, DOB: 09/13/1957, SSN: 168-48-7971 at: Thomas Thomas & Hafer, LLP. 305 N. Front St.. P.O. Box 999, Harrisburg, PA 17108-0999. 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 parry making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jason C. Giurintano, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7626 SUPREME COURT ID#: 89177 ATTORNEY FOR: Defendant DATE: Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Division Deputy DENISE M. HART IN THE COURT OF COMMON PLEAS and RICHARD R. HART, JR., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, : V. : NO. 08-5115 EMILY R. THEURER, : CIVIL ACTION - LAW Defendant. : : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Kreminski, 2319 S. George Street, York, PA 17403 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, medical reports medical bills diagnostic studies, notes, physical therapy records and correspondence from DOB to the present concerning Denise M. Hart, DOB: 09/13/1957, SSN: 168-48-7971 at: Thomas. Thomas & Hafer, LLP. 305 N. Front St.. P.O. Box 999. Harrisburg PA 17108-0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jason C. Giurintano, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7626 SUPREME COURT ID#: 89177 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy DENISE M. HART and RICHARD R. HART, JR., V. EMILY R. THEURER, JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Perry Tallman, DPT, OCS, SCS, ATC, 1410 East Market Street, York, PA 17403 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, medical reports. medical bills diagnostic studies, notes. physical therapy records and correspondence from DOB to the present concerning Denise M. Hart, DOB: 09/13/1957, SSN: 168-48-7971 at: Thomas. Thomas & Hafer. LLP. 305 N. Front St., P.O. Box 999. Harrisburg. PA 17108-0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jason C. Giurintano, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7626 SUPREME COURT ID#: 89177 ATTORNEY FOR: Defendant DATE: Seal of the Court Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5115 : CIVIL ACTION - LAW Defendant. : BY THE COURT: Prothonotary/Clerk, Civil Division Deputy DENISE M. HART . IN THE COURT OF COMMON PLEAS and RICHARD R. HART, JR., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, : V. : NO. 08-5115 EMILY R. THEURER, : CIVIL ACTION - LAW Defendant. : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Beth Lepowski Maloney, PT, DPT, 927 East Walnut Street, Hanover, PA 17331 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records. medical reports, medical bills, diagnostic studies, notes, physical therapy records and correspondence from DOB to the present concerning Denise M. Hart, DOB: 09/13/1957, SSN: 168-48-7971 at: Thomas, Thomas & Hafer, LLP. 305 N. Front St.. P.O. Box 999, Harrisburg, PA 17108-0999. 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 parry making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jason C. Giurintano, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7626 SUPREME COURT ID#: 89177 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE I, Beth E. Forbes, a paralegal of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Donald L. Reihart, Esquire 3015 Eastern Blvd. York, PA 17402 THOMAS, THOMAS & HAFER, LLP Beth E. Forbes aralegal 434566.2 ?F9 I 1 ?M9 LAW OFFICES DONALD L. REIHART, ESQUIRE 3015 EASTERN BOULEVARD YORK, PENNSYLVANIA 17402 DONALD L. REIHART email®teihattlaw.com TELEPHONE (717) 755.2799 Ik IKSAg"M www.teihattlaw.com (800) 333-7974 Jan S. Barnett FAX(717)755-2530 February 10, 2009 Jason C. Giurintano, Esq. Thomas, Thomas & Hafer PO Box 999 Harrisburg, PA 17108 RE: Denise M. Hart and Richard R. Hart, Jr. v. Emily R. Theurer Dear Attorney Giurintano: I have received your Notice of Intent to Serve ten (10) subpoenae in the above referenced matter and have no objection. Sincerely, Donald L. Reihart DLR/cjn CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing document by first class mail, postage prepaid, addressed to the following: Donald L. Reihart, Esquire 3015 Eastern Blvd. York, PA 17402 Date: a t 1 b i 91-1 Beth orbes, Paralegal C'? ?y ?? `+? -,-? . ,? c? .?? ? ,`- ? r?..,S ??w? C +-t ?, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DENISE M. HART and NO. 08-5115 Civil Term RICHARD R. HART, JR. Plaintiffs vs. EMILY R. THEURER, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE AND SATISFY TO THE PROTHONOTARY: Please mark the above captioned action settled and satisfied. Date: By: Donald L. Reihart, Esq. Sup. Ct. I.D. # PA 07421 3015 Eastern Boulevard York, PA 17402-2904 Telephone (717) 755-2799 Facsimile (717) 755-2530 email reihartlaw.com Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DENISE M. HART and NO. 08-5115 Civil Term RICHARD R. HART, JR. Plaintiffs vs. CIVIL ACTION - LAW EMILY R. THEURER, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Donald L. Reihart, Esquire, certify that a true and correct copy of the foregoing Praecipe to Settle and Satisfy was caused to be served on the date shown below by depositing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Jason C. Giurintano, Esq. Todd B. Narvol, Esq. Thomas, Thomas & Hafer PO Box 999 Harrisburg, PA 17108 Date: ?' // ` 09 Respectfully submitted, By: Donald L. Reihart, Esq. Sup. Ct. I.D. # PA 07421 3015 Eastern Boulevard York, PA 17402-2904 Telephone (717) 755-2799 Facsimile (717) 755-2530 email(aD-reihartlaw.com Attorney for Plaintiff 2 C'> `?ti ?? i 11,:-- _`; , F,; N -? r=? _ ? ? ?? t-` .