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Home My WebLink About08-6080Johnson, Duffle, Stewart & Weidner By: John A. Statler, Esquire Attorney I. D. No. 43812 ,/Wade D. Manley, Esquire Attorney I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com MATTHEW DAVIDSON, D.O., Plaintiff V. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 08 - (9080 elyi ( (erp, ERIC T. BURLISON, Defendant : 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 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mis adelante en las siguientes p6ginas, debe tomar accibn dentro de los prbximos veinte (20) dias despu6s de la notificacibn de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accibn como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacibn o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mis aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Johnson, Duffle, Stewart & Weidner By: John A. Statler, Esquire Attorney 1. D. No. 43812 Wade D. Manley, Esquire Attorney I. D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com Attorneys for Plaintiff MATTHEW DAVIDSON, D.O., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO. O p - n kO C.un-Q ERIC T. BURLISON, Defendant : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Matthew Davidson, D.O., by and through his counsel, Johnson, Duffie, Stewart & Weidner, P.C., who files the following Complaint against the Defendant, Eric T. Burlison, and in support thereof avers as follows: 1. The Plaintiff, Matthew Davidson, D.O., is an adult individual with a residence located in Dauphin County, Pennsylvania . 2. The Defendant, Eric T. Burlison, is an adult individual with a residence located at 805 Old Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On June 16, 2007, at approximately 2:00 a.m., the Plaintiff drove his acquaintance, Lauren Sarcone, to her residence, located at 61 West Main Street, Mechanicsburg, Cumberland County, Pennsylvania. 4. As the Plaintiff and Ms. Sarcone exited the Plaintiffs vehicle and began walking to Ms. Sarcone's residence, the Defendant attacked the Plaintiff in the driveway located at 61 West Main Street, Mechanicsburg, Cumberland County, Pennsylvania. 5. Prior to the arrival of the Plaintiff and Ms. Sarcone, the Defendant was concealing his presence at the property located at 61 West Main Street, Mechanicsburg, Cumberland County, Pennsylvania, by hiding in bushes located at the property. 6. Upon the Plaintiffs arrival with Ms. Sarcone, the Defendant emerged from his place of hiding, raced to where the Plaintiff was walking and assaulted and battered the Plaintiff in the back and about his body. COUNT I Assault and Battery 7. Plaintiff hereby incorporates paragraphs 1 through 6 of the Complaint as though set forth herein at length. 2 8. The Plaintiff, while lawfully on the premises located at 61 West Main Street, Mechanicsburg, Cumberland County, Pennsylvania, was assaulted and battered by the Defendant, Eric T. Burlison. 9. The Defendant did strike the Plaintiff with his fists and arms, knocking the Plaintiff to the ground, and when the Plaintiff was on the ground, the Defendant proceeded to kick the Plaintiff in the head, face and about the rest of the Plaintiffs body and did inflict serious injury to the Plaintiff. 10. As a result of the assault and battery, the Plaintiff suffered great physical pain of body and anguish of mind, was put to expense for medical care and was unable to perform his usual job as a surgeon for a week resulting in loss of earnings. 11. The acts of the Defendant were done willfully, intentionally, wantonly, recklessly and with malicious intent to injure the Plaintiff and with an absolute and reckless disregard for the health, safety and welfare of the Plaintiff. 12. The Defendant's assault and battery of the Plaintiff caused the Plaintiff to sustain the following injuries and treatment: a. dual lacerations below his left eye penetrating into the Plaintiffs facial muscles; b. a right forehead laceration; 3 C. three lacerations to the left side of his scalp with additional lacerations and contusions to his face and scalp areas; d. a concussion; e. contusions to his upper extremities, buttocks and lower legs; and f. multiple sutures to repair the lacerations below the Plaintiffs left eye, right forehead and left side of his scalp. 13. The Defendant's assault and battery of the Plaintiff has left two permanent scars on the Plaintiffs face causing disfigurement, embarrassment and humiliation and emotional distress. The Plaintiff was also forced to sustain medical expenses, wage loss and severe pain and suffering subsequent to the incident. WHEREFORE, the Plaintiff demands judgment against the Defendant in an amount in excess of $50,000.00 for compensatory and punitive damages, plus interest and costs. COUNT II Intentional Infliction of Emotional Distress 14. Plaintiff hereby incorporates paragraphs 1 through 13 of the Complaint as though set forth herein at length. 15. The Defendant, in assaulting and battering the Plaintiff, did act with the intention of causing the Plaintiff physical and emotional harm. 4 16. The Defendant intended his actions to cause the Plaintiff to suffer extreme emotional distress. 17. As a result of the Defendant's conduct, the Plaintiff suffered from mental anguish, nervous shock, embarrassment, shame and humiliation. WHEREFORE, the Plaintiff demands judgment against the Defendant in an amount in excess of $50,000.00 for compensatory and punitive damages, plus interest and costs. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: John A! Sta r, squire Attorney I. No 3812 Wade D. Manley, Esquire Attorney I. D. No. 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 DATE:0r6rOQ Attorneys for Plaintiff Matthew Davidson, D.O. 340468 15011-1 5 VERIFICATION I, MATTHEW DAVIDSON, D. O., hereby acknowledge that I am the Plaintiff in this action; that I have read the foregoing Complaint; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dv A HE DA IDSO , D. O. DATE: J FTI =? J or (U r ' 7 rn 00 `? SHERIFF'S RETURN - REGULAR CASE NO: 2008-06080 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DAVIDSON MATTHEW D 0 VS BURLISON ERIC T MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE BURLISON ERIC T was served upon the DEFENDANT , at 0015:30 HOURS, on the 16th day of October , 2008 at CUMBERLAND COUNTY PRISON 1101 CLAREMONT ROAD CARLISLE, PA 17013 by handing to ERIC BURLISON DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Additional Comments PER FATHER, DEFENDANT IS SERVING A SENTENCE IN CUMBERLAND COUNTY PRISON UNTIL DECEMBER 2008. PAPERWORK SERVED TO DEFENDANT AT PRISON. Sheriff's Costs: Docketing 18.00 Service 5.00 Affidavit .00 Surcharge 10.00 Postage .42 /% 2/0 f 33.42 Sworn and Subscibed to before me this day So Answers: R. 'Thomas Kline 10/17/2008 JOHNSON DUFFIE STEWART WE NER ,?. By: Deputy Sheriff of A. D. Johnson, Duffle, Stewart & Weidner By: John A. Statler, Esquire Attorney I. D. No. 43812 Wade D. Manley, Esquire Attorney I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com MATTHEW DAVIDSON, D.O., Plaintiff V. ERIC T. BURLISON, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-6080 JURY TRIAL DEMANDED PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter judgment by default in favor of the Plaintiff, and against the Defendant, ERIC T. BURLISON, by reason of the failure of the Defendant to enter an appearance or to file an Answer within 20 days of the date of service of the Complaint endorsed with a Notice to Defend, and assess the Plaintiffs damages together with judgment interest and attorney fees and costs, as may be determined. I hereby certify that written notice of intention to file this Praecipe was mailed to the Defendant, Eric T. Burlison, at the Cumberland County Prison, 1101 Claremont Street, Carlisle, Pennsylvania 17013 and 805 Old Silver Spring Road, Mechanicsburg, Pennsylvania 17055, on November 13, 2008; said notice being mailed after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A true and correct copy of the aforesaid " i notice, together with receipt for mailing, are attached hereto as Exhibit "A" and made a part hereof. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: 1/ " G Dated: December 9, 2008 Wade D. M ley Attorney I.D. No. 72 JUDGMENT AND NOW, this lam' day of ?wpm,6&r , 2008, judgment for damages, together with judgment interest, and attorney fees and costs, as may be determined, is entered in favor of Plaintiff, Matthew Davidson, D.O., and against Defendant, Eric T. Budison, as directed above. Prot n tart' :350938 Johnson, Duffle, Stewart & Weidner By: John A. Statler, Esquire Attorney I. D. No. 43812 Wade D. Manley, Esquire Attorney I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com MATTHEW DAVIDSON, D.O., Plaintiff V. ERIC T. BURLISON, Defendant TO: Eric T. Burlison Cumberland County Prison 1101 Claremont Street Carlisle, PA 17013 DATE OF NOTICE: NOVEMBER 13, 2008 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2008-6080 : JURY TRIAL DEMANDED Eric T. Burlison 805 Old Silver Spring Road Mechanicsburg, PA 17055 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A.HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 JOHNSON, DUFFIE, STEWART & WEIDNER By: V 44v?? Wade . ?jl y, Esq. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Ten Day Notice upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, via certified mail on the 13th day of November, 2008, addressed to the following: Eric T. Burlison Eric T. Burlison Cumberland County Prison 805 Old Silver Spring Road 1101 Claremont Street Mechanicsburg, PA 17055 Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER By_ V Wade D. Manse , Esquire Attorney I.D. 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant 1ERRY R. DUFFIE RICHA'RDW. S'M,,*A.RT C. ROY WEIDNER. JR. EDNIUND G. MYERS DAVID W. DELUGE JOHN A. STATLER JEFFERSON 1. SHIPNIAN JEFFREY B. RETTIG KEVIN E. OSBOR`!E RALPH H. WRIGHT. JR. MARK C. DUFFIE 101-IN R. NINOSK)' 141CFIAEL 1. CASSIDY MELISSA PEEL GREEVY ROBERT M. WALKER WADE D. MANLEY ELIZABETH D. SNOVER KELLY L. BONANNO Jo?sON- FFIE OF COUNSEL HORACE A. JOHNSON F. LEE SHIPMAN 11965-20061 WRITER'S EXT. No. 122 E-MAII, wdmGn j dsw.com November 13, 2008 VIA CERTIFIED MAIL AND REGULAR MAIL Eric T. Burlison Cumberland County Prison 1101 Claremont Street Carlisle, PA 17013 Eric T. Burlison 805 Old Silver Spring Road Mechanicsburg, PA 17055 Re: Matthew Davidson, D.O. v. Eric T. Burlison Cumberland County C.C.P. No.: 2008-6080 Dear Mr. Burlison: Enclosed please find a Ten Day Notice relative to the above-referenced matter. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER U" Wade D. a ley :350480 15011-1 c: Matthew Davidson, D.O. 501 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 W1VW.JDS1,T0M 717.761.4540 FAX: 717.761.3015 MAIL@JDSVV.C0M JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. SENDER: CO/WPLETE THIS SECTION ¦ Complete Items 1, 2, and 3. Also complete A. Sign re Agent Item 4 if Restricted Delivery is desired. X ? Addressee ¦ Print your name and address on the reverse i so that we can return the card to you. dfiame). B. Received b (Prl C. Date of Delivery ¦ Attach this card to the back of the mailpiece, s r /, /lhvnt?./ or on the front If space permits. D. Is delivery address different from Item 1 ? ? Yes 1. Article Addressed to: If YES, enter delivery address below: ? No ERIC T BURLISON D COUNTY PRISON CUMBERLAN 1101 CLAREMONTST 3. *§ervice Type CARLISLE PA 17013 eglstered ? Retum Receipt for Merchandise ? Insured Mall ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7007 3020 0001 1091 5093 (Transfer from service label) k _ PS Form 3811, February 2004 Domestic Retum Receipt 10259502-10-1540 I t ¦ Complete Items 1, 2, and 3. Also complete item 4 N Restricted Delivery is desired. ¦ Print your name and address on the reverse sd Mat we can return the card to you. I ¦ Attach this card to the back of the mallpiece, or on the front If space permits. 1. Article Addressed to: ERIC T.:BURLISON 805 OLD SILVER SPRING RD } MECHANICSBURG PA 17055 1 A. nntn a t X c t ee ? , j6 e. ?d gu R?iS nf' (I D. Is delivery address different fro 1 ? A? If YES, enter delivery address 1j'- V 3. Ice Type Certified Mail ? Express Mail Registered ? Retum Receipt for Merchandise ? Insured Mail ? C.O.D. 1 4. Restricted Delivery? (Extra Fee) ? Yes (Transfer from service label) PS Form 3811, February 2004 007 3020 0001 1091 5086 Domestic Return Receipt 102595-02-M-1540 CERTIFICATE OF SERVICE a-f k AND NOW, this ' day of December, 2008, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, and via Certified Mail at Lemoyne, Pennsylvania, addressed as follows: Eric T. Burlison Eric T. Burlison Cumberland County Prison 805 Old Silver Spring Road 1101 Claremont Street Mechanicsburg, PA 17055 Carlisle, PA 17013 By: JOHNSON, DUFFIE, STEWART & WEIDNER w Wade D. I M Johnson, Duffie, Stewart & Weidner By: John A. Statler, Esquire Attorney 1. D. No. 43812 Wade D. Manley, Esquire Attorney I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 7614540 jas@jdsw.com MATTHEW DAVIDSON, D.O., Plaintiff V. ERIC T. BURLISON, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-6080 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoena for documents and things pursuant to Rule 4009.22, Plaintiff hereby certifies that: 1) A Notice of Intent to serve the subpoena, with a copy of the subpoena attached thereto, was mailed or delivered to each party at least 20 days prior to the date on which the subpoena was sought to be served; 2) A copy of the Notice of Intent, including the proposed subpoena, are attached to this certificate; 3) No objection to the subpoena has been received; and 4) The subpoena to be served is identical to the subpoena attached to the Notice of Intent. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: Wade D. Ma UN. Esquire Attorney I. D 87244 301 Market t P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 DATE: 0(410 Attorneys for Plaintiff Matthew Davidson, D.O. Johnson, Duffie, Stewart & Weidner By: John A. Statler, Esquire Attorney I. D. No. 43812 Wade D. Manley, Esquire Attorney I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com MATTHEW DAVIDSON, D.O., Plaintiff V. ERIC T. BURLISON, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2008-6080 JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Eric T. Burlison 805 Old Silver Spring Road Mechanicsburg, PA 17055 PLEASE TAKE NOTICE that Plaintiff intend to serve a subpoena identical to the one attached to this notice. You have 20 days from the date listed below in which to file on record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER uU ??? By: Wade D. Ma e , Esquire Attorney I. D. N . 87244 301 Market S et P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff Matthew Davidson, D.O. DATE: 16 /Z? (5 381212 ` COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MATTHEW DAVIDSON, D.O., Plaintiff VS. ERIC T. BURLISON, Defendant File No. 2008-6080 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Cumberland County Office of District Attorney, Bureau of Justice Services (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Photographs of the backyard at Lauren Sarcone's residence and of Matthew Davidson, D.O.; Statements of Matthew Davidson, D.O. and Mary Ann Sarcone; Audio tape of Lauren Sarcone; Tape of Eric T. Burlison's voice mail; Letter from Lauren Sarcone; and Keys found at Lauren Sarcone's residence after the assault. at Wade D. Manley, Esquire, Johnson, Duffle, Stewart & Weidner, 301 Market Street, Lemoyne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, 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: Wade D. Manley, Esquire, Johnson, Duffle, Stewart & Weidner, P.C. ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: (717) 761-4540 SUPREME COURT ID # 87244 ATTORNEY FOR: Plaintiff DATE: 110 AV 1.2D Seal of the Court By the Court: ko Prothonotary [;- K- . , Deputy 1 CERTIFICATE OF SERVICE AND NOW, this Ze$ day of OAS.- , 2009, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, and via Certified Mail at Lemoyne, Pennsylvania, addressed as follows: Eric T. Burlison 805 Old Silver Spring Road Mechanicsburg, PA 17055 Walter S. Foulkrod, IV 4493 Lakeside Drive Harrisburg, PA 17110 JOHNSON, DUFFIE, STEWART & WEIDNER By: Wade D. '?Iley CERTIFICATE OF SERVICE AND NOW, this Ae' day of 2009, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, and via Certified Mail at Lemoyne, Pennsylvania, addressed as follows: Eric T. Burlison 805 Old Silver Spring Road Mechanicsburg, PA 17055 Walter S. Foulkrod, IV 4493 Lakeside Drive Harrisburg, PA 17110 JOHNSON, DUFFIE, STEWART & WEIDNER By: wWade D M ley n??io ?r?n OF 21 NOV 17 Ph 12: 11 OA%"A#M, CAIrtL PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (X) for JURY trial at the next term of civil court ( ) for trial without a jury 2 C r '_; . -c; J ?il J" AWO #06- q PX 5-,R CAPTION OF CASE (entire caption must be stated in full) MATTHEW DAVIDSON, D.O., (Plaintiff) VS. ERIC T. BURLISON, (Defendant) (check one) (X) Civil Action - Law ( ) Appeal from Arbitration (other) The trial list will be called on August 31, 2010. Trials commence on September 20, 2010. Pre-trials will beheld on September 8, 2010. (Briefs are due S days before pre-trials.) No. 2008-6080, Civil Term Indicate the attorney who will try case for the party who files this praecipe: Wade D. Manley, Johnson Duffle, P.O. Box 109, Lemoyne, PA 17043-0109 Indicate trial counsel for other parties if known: Pro se This case is ready for trial. Signed: Print Name: Wade Manley Attorney for Plaintiff Date: August 5, 2010 :409918 - +x5.00 Pp A.-rH C'0 31u1 r IgJ#gq9 MATTHEW DAVIDSON, D.O., IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ERIC T. BURLISON, DEFENDANT 08-6080 CIVIL TERM PRETRIAL CONFERENCE A pretrial conference was held on September 8, 2010, with plaintiff's counsel Wade D. Manley, Esquire, in attendance. The defendant is self-represented and did not appear. In fact, the defendant has, thus far, failed to do or file anything with respect to this case, which resulted in a default judgment being entered on December 15, 2008. Factually, this case arose from an assault on the plaintiff on June 16, 2007. The defendant was prosecuted and found guilty after a jury trial on May 20, 2008 of the offense of simple assault and found guilty by the court of summary harassment. The defendant was sentenced by the Honorable Edgar B. Bayley on July 7, 2008 to a term of imprisonment of not less than six months or more than twenty-three months. Although the victim is cognizant of the fact that a default judgment exists and therefore the purpose of trial is solely to determine a value on his damages (which may never be recoverable), the plaintiff still desire his day in court ... before a jury. Counsel estimates that the case will take one day to try. There will be approximately four witnesses, including a 27 minute videotape deposition of plaintiff's treating physician. T s-; By the Court, Albert H. Masl , J. w Wade D. Manley, Esquire For Plaintiff ric T. Burlison, Pro se 805 Old Silver Spring Road Mechanicsburg, PA 17055 Court Administrator :saa Cc? F t' s /rx-?a t LSCL Qf4f?v MATTHEW DAVIDSON, D.O., PLAINTIFF v. ERIC T. BURLISON, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6080 CIVIL TERM VERDICT SLIP 1. State the amount of damages sustained by the plaintiff, Matthew Davidson, D.O., as a result of the accident. Medical Expenses: Wage Loss: v'1 C,-J 0 Non-Economic Loss (including (1) pain and suffering; (2) embarrassment and humiliation; (3) loss of ability to enjoy the pleasures of life; and (4) disfigurement) $ Punitive Damages: $ C? TOTAL $ fl `j c. Date' Foreperson it •? I1 MATTHEW DAVISON, D.O. --- V S ---- ERIC T. BURLISON No. Juror # 1 IMIIENNNN WINS SEP20-341 In the Court of Commons Pleas of Cumberland County, PA., Docket No. 2008-6080 CIVIL Judge: MASLAND Attorney: l?l Jul b • Men ky Attorney:?M Q)e Date: q Ja10/l0 JURORS NAMES OF JURORS CALLED GLESSNER,LUANNE CAUSE I P I D 4 INMMNNMNNMammNMNNN SEP20-138 5 111MMIINnnMIMMNMM SEP20-212 6 IIIMMINBNNMnM wom SEP20-30 7 IMMMNNMNsINMmIN me SEP20-301 9 INNN1I08 MNMNN89d SEP20-225 10 11MMINNOM MI6NNNMM SEP20-146 BECKHOLT,SUSANNA M SITES, MAXINE A BARNHART,SUZANNE B KOTH, ROSE M PARLETTE,KENDALL T BREHM, RONALD L YerK eolaa 14 1mmNmNNIinue SEP20-327 15 1MMisimINNNNMoMMNNN SEP20-45 16 1 MMMNAInINNINNNNINon SEP20-202 17 1NMMINNNNNNAuNNNNINIon SEP20-147 18 1 MMMNItlBNNINNNMMIIIINMMM SEP20-70 19 1MMMINIH MNNNNINBNMM SEP20-10 20 1 IIIIMmnMMMIMNMMM SEP20-291 ?? IMIIMINNIMM111NINNIMMMN EICHHORN, DIANE M SHAY-SNYDER, TRACY D SCHREMP, JEFFREY A SWEENEY, SHANNON A ZIMMERMAN, WENDYJO WOMER, BRIAN C ERRING, ZACHARY C SMITH. VICKIE L rt?ury I? MATTHEW DAVISON, D.O. ---- V S -- ERIC T. BURLISON In the Court of Commons Pleas of Cumberland County, PA., Docket No. 2008-6080 CIVIL Judge: MASLAND Attorney: Attorney: Date: JURORS o. Juror # NAMES OF JURORS CALLED CAUSE P D oil imo; Y A 24 IN111seNIIMmmull `is rz0,2_ 25 1mNI mimumin SEP20-67 2611NnIIN111NAa1nve SEP20-88 271naivivioninion SEP20-41 281IIh1111?1A1II?IIIIrIINII? S -309 29 lIIIIIII?IN?I?II I IIAh SEP20-339 3U immoAIma11un SEP20-171 31 32 33 34 35 36 37 38 39 40 41 42 43 44 MAN, SUSAN K LUEH , ?RRY R ALFORD, MI L OfEkU'M (SALISBURY), TARA M DIVEN, JOHN W MICHELS, DANIEL S SCHMID, RUSSELL W Or THE PROTHON07AF.1 2010 DEC -2 PM 4: 04 CyMBERLAND COUNTY Johnson, Duffle, Stewart 8? Wet nP'NNSYLVAh11A By: Wade D. Manley, Esquire Attorney I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com MATTHEW DAVIDSON, D.O., Plaintiff V. ERIC T. BURLISON, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-6080 : JURY TRIAL DEMANDED PRAECIPE TO ENTER JUDGMENT AFTER VERDICT TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant on the verdict of Al 1KA"4 1,5a1. SOv.oo the jury, asno timely post-trial motions have been filed. Aa? Respectfully submitted, W ,. . B? JOHNSON, DUFFIE, STEWART & WEIDNER Noh? ??o k v Iq A, 1 By: Wade D. Manly y, Esquire Attorney I. D. NO. 87244 DATE: Attorneys for Plaintiff Matthew Davidson, D.O. JUDGMENT Judgment entered pursuant to jury verdict DATE: / 0 BY: of Plaintiff and against Defendant. ARY 413236 15011-1 calt-C d m ce a•a s i- "h> asla %I CERTIFICATE OF SERVICE AND NOW, this 1$' day of December, 2010, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, and via Certified Mail at Lemoyne, Pennsylvania, addressed as follows: Eric T. Burlison 805 Old Silver Spring Road Mechanicsburg, PA 17055 JOHNSON, DUFFIE, STEWART & WEIDNER W_? a?. j By: Wade D. Manley