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HomeMy WebLinkAbout04-1873HILARY A. THOMAS, and SCOTT THOMAS, Plaintiffs V. BOBBY J. GARLAND, Defendant TO DEFENDANT NAMED HEREIN: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04- 1 ?73 9uLc7re- -re-t, CIVIL ACTION - LAW 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Le han demandado a usted enla corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partie de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o per abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, 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. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. ST NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE P.C. Date: q- Z Z 1 v thn F. King,/EsgZ(fre 00 North 5 cond St. Penthouse S ite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 HILARY A. THOMAS, and SCOTT THOMAS, Plaintiffs V. BOBBY J. GARLAND, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04 -1 F13 l?r vi ??C/LYn CIVIL ACTION - LAW COMPLAINT: AND NOW come the Plaintiffs, Hilary A. and Scott Thomas, by and through their attorneys, Friedman and King, P.C., by John F. King, Esquire, and bring the within Complaint against the Defendant, Bobby J. Garland, and aver as follows: 1. Plaintiffs, Hilary A. and Scott Thomas, are adult individuals who currently reside at 4902 Carlisle Pike, PMB 113, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant, Bobby J. Garland, is an adult individual who currently resides at 70 Conrad Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. On or about December 24, 2002, the Plaintiff, Hilary Thomas, was the owner and operator of the 1999 Lexus SW automobile which was involved in the accident herein described. 4. On aforesaid date, Defendant was the owner and operator of a 1988 Ford pick up truck which was involved in the accident described herein. 5. On the aforesaid date, at approximately 11:57 p.m., the Plaintiff was sitting along the berm of Wolfs Bridge Road, located in Middlesex Township, Cumberland County, with her headlights on and her four way signals flashing. The Plaintiff's husband was assisting another vehicle that had been stuck in a snow bank. While Ms. Thomas' husband was assisting the other vehicle, she was sitting in her own vehicle when the Defendant rearended her vehicle at a high rate of speed. 6. After the Defendant struck the Plaintiff's vehicle, he fled the scene and while fleeing, struck a curb at a Sheetz store. COUNTI HILARY A. THOMAS v. BOBBY J. GARLAND NEGLIGENCE 7. Paragraphs 1 through 6 are incorporated herein as set forth at length. 8. The occurrence of the aforementioned collision and the resultant injuries to Plaintiff, Hilary A. Thomas, are the direct and proximate result of the negligence of the Defendant, Bobby J. Garland, generally and more specifically as set forth below: a. In operating his motor vehicle in a careless and negligent manner under §3714 of the Pennsylvania Motor Vehicle Code; b. In failing to have his motor vehicle under proper control at all times as to avoid striking Plaintiff's vehicle; C. In failing to observe Plaintiff s four way signals flashing to indicate a stopped vehicle; d. In operating his motor vehicle without due regards to the rights, safety and position of the Plaintiff, C. In failing to take evasive action in order to avoid impacting with the Plaintiff, f. In failing to be reasonably vigilant to observe Plaintiffs vehicle; g. In fleeing a scene of an accident under §3743 of the Pennsylvania Motor Vehicle Code. 9. As a direct and proximate result of the negligence of the Defendant, Bobby J. Garland, the Plaintiff, Hilary Thomas, has suffered and will continue to suffer personal injuries, including, but not limited to, neck and back pain, headaches, cervical strain, bilateral arm pain, cervical dysfunction, left shoulder pain and pain and suffering associated therewith. 10. As a direct and proximate result of the negligence of the Defendant, Bobby J. Garland, the Plaintiff, Hilary A. Thomas, sustained personal injuries requiring emergency medical treatment and continuing medical treatment, including but not limited to, ambulance transport to the emergency room, 66 visits to the chiropractor, several x-rays of the cervical spine and thoracic spine, the use of various prescription medications and a soft collar for the neck. 11. As a direct and proximate result of the negligence of the Defendant, Bobby J. Garland, the Plaintiff, Hilary A. Thomas, has been and will be in the future hindered from attending to her daily activities and duties, to her great detriment, loss, humiliation and embarrassment. 12. As a direct and proximate cause of the negligence of the Defendant, Bobby J. Garland, the Plaintiff, Hilary A. Thomas, has suffered great physical pain, discomfort, humiliation and mental anguish, and will continue to endure this pain for an indefinite period of time in the future, to her physical, emotional and financial detriment and loss. 13. As a direct and proximate result of the negligence of the Defendant, Bobby J. Garland, the Plaintiff, Hilary Thomas, has been compelled, in order to effect a cure for the aforesaid injuries, to expend money for medical attention. Plaintiff continues to take medications and continues to treat with a chiropractor and incurs medical expenses for said injuries and will continue to do so in the future, to her great detriment and loss. 14. As a direct and proximate result of the negligence of the Defendant, Bobby J. Garland, the Plaintiff, Hilary A. Thomas, has suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her great detriment and loss. 15. Plaintiff, Hilary A. Thomas, believes and therefore avers, that her injuries are permanent in nature. WHEREFORE, Plaintiff, Hilary A. Thomas, seeks damages from the Defendant, Bobby J. Garland, in an amount in excess of $25,000.00, exclusive of interests and costs, and therefore not bound by compulsory arbitration. COUNT II SCOTT THOMAS v. BOBBY J. GARLAND CONSORTIUM CLAIM 16. Paragraphs 1 through 15 are incorporated herein as set forth at length. 17. On the date of the accident, Plaintiff, Scott Thomas, was the spouse of Plaintiff, Hilary Thomas. 18. At all times relevant hereto, subsequent to the date of the accident, Plaintiffs Hilary and Scott Thomas, were husband and wife. 19. As a result of Defendant's negligence, Plaintiff, Scott Thomas, has been deprived of the society, companionship, contributions and consortium of his wife, Plaintiff, Hilary A. Thomas, to his great detriment and loss. 20. As a result of Defendant's negligence, Plaintiff, Scott Thomas, has incurred, and will in the future incur, medical bills and expenses to treat his wife's injuries. WHEREFORE, Plaintiff Scott Thomas, seeks damages from the Defendant, Bobby J. Garland, in an amount in excess of $25,000.00, exclusive of interests and costs, and therefore not bound by compulsory arbitration. Respectfully submitted, & KIND, P.C. Date: John F. King, MquireN 600 N. Secon treet Penthouse Suite P.O. Box 984 Harrisburg, PA 17108 (717) 236-8000 VERIFICATION We, Scott and Hilary A. Thomas, hereby acknowledge that we are the Plaintiffs in the within action; that we have read the foregoing Complaint; and the facts contained therein are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. Scott Thom L//ICY `1 Hilary A?as eta ?? ? ? ? O C? ¢? ?? O O -? s• y.. T ? 7 -'. T f i 1 ?__ 'l)iT N ?1 i -r ?,; r ' ? ? <? C)rn _` _ N `? SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-01873 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND THOMAS HILARY A ET AL VS GARLAND BOBBY J 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 DEFENDANT GARLAND BOBBY J but was unable to locate Him deputized the sheriff of PERRY serve the within COMPLAINT & NOTICE to wit: He therefore County, Pennsylvania, to On May 21st , 2004 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 dep Perry County 31.00 .00 68.00 05/21/2004 FRIEDMAN & KING So answers: G R.' homas Kline Sheriff of Cumberland County Sworn and subscribed to before me this 21t- day of d-uo /f A.D. Prothonot ? nota'r in his bailiwick In The Court of Common Pleas of Cumberland County, Pennsylvania Hilary A. Thomas Bobby J.VGarland SERVE: same 04-1873 civil No. Now, May 14 , 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a ,20 , at o'clock M. served the copy of the original and made known to the contents thereof. So answers, Sheriffof County, PA COSTS Sworn and subscribed before SERVICE $ me this , day of 20____ MILEAGE AFFIDAVIT SHERIFF'S RETURN In the Court of Common Pleas Of the 41st Judicial District of Pennsylvania- Perry County Branch No. 2004-1873 Cumberland County Hilary A. and Scott Thomas VS Bobby J. Garland 1420 Valley Rd. Marysville, PA. 17053 Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant(s) to wit, Bobby J. Garland, but was unable to locate him/her in his bailiwick. He therefore returns the within Notice and Complaint, to the above named Defendant(s) Bobby J. Garland, of 1420 Valley Rd. Marysville, PA 17053 NOT FOUND. Above named defendant has moved to Cumberland County, Oak Hill Rd. Perry County Sheriffs Office was notified after making attempt to serve that Mr. Garland came into the Cumberland County Sheriffs Office and picked up Complaint. Sworn and subscribed to before me this -2?tLh day of M , 2004. ?/"?"rA- So Answers, r ??rvr '%a C S heriff of Perry County NOTARIAL SEAL MNNOARET F FLICIO NiER. NOTARY FIM W BLOOMFIELD 11011, PERM! COUNTY MY COMMISSION EIMIIIEB FEB. It 20011 SHERIFF'S RETURN - REGULAR CASE NO: 2004-01873 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND THOMAS HILARY A ET AL VS GARLAND BOBBY J KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GARLAND BOBBY J the DEFENDANT , at 1500:00 HOURS, on the 19th day of May 2004 at CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to BOBBY GARLAND a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 19.45 Sworn and Subscribed to before ?m-,e,• this g_k_ day of t_ Y A.D. 111 rothonot? a?ry?J So Answers: '??_??? R. Thomas Kline 05/21/2004 FRIEDMAN & KING By: 4 heriff HILARY A. THOMAS, AND SCOTT THOMAS, Plaintiffs V. BOBBY J. GARLAND, Defendant No. 04-1873 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of undersigned counsel on behalf of Defendant Bobby Garland. Date: L l? s? Respectfully submitted, NESTICO, DRUBX* HILDABRAND, L.L.P. By: ,Richard B. Druby, re Attorney I.D. No. 6 04 840 East Chocolate Avenue Hershey, Pennsylvania 17033 (717) 533-5406 (717) 533-5717 Attorney for Defendant Garland CERTIFICATE OF SERVICE I, Richard B. D?uby, of the law firm of Nestico, Druby & Hildabrand, L.L.P., hereby certify that on the It day of June, 2004, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: John King, Esquire 600 N. Second Street Harrisburg, PA 1741 :dkm ca c a n o i -„ ? C1 1 r, r :. ? J O :? HILARY A. THOMAS, AND SCOTT THOMAS, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-187.3 V. BOBBY J. GARLAND, Defendant TO: Plaintiffs c/o John King, Esquire 600 N. Second Street Harrisburg, PA 17101 CIVIL ACTION - LAW NOTICE TO PLEAD You are hereby notified to plead to the enclosed Preliminary Objections within twenty (20) days from service hereof or a default of judgment may be entered against you. NESTICO, DRUBY2& HILDABRAND, LLP Dated: 4 By: chard B. Druby; Esq ire Attorney I.D. No. 619 840 East Chocolate Avenue Hershey, Pennsylvania 17033 (717) 533-5406 (717) 533-5717 Attorney for Defendant HILARY A. THOMAS, AND IN THE COURT OF COMMON PLEAS SCOTT THOMAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. 04-1873 V. CIVIL ACTION - LAW BOBBY J. GARLAND, Defendant ORDER AND NOW, this day of , 2004, it is hereby Ordered that the Preliminary Objections of Defendant to Plaintiffs' Complaint are sustained and Plaintiffs' Complaint is dismissed, with prejudice. BY THE COURT: J. HILARY A. THOMAS, AND IN THE COURT OF COMMON PLEAS SCOTT THOMAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. 04-1873 V. CIVIL ACTION -LAW BOBBY J. GARLAND, Defendant ORDER AND NOW, this day of , 2004, it is hereby Ordered that the Preliminary Objections of Defendant are hereby sustained and Paragraphs 6, 8(g) as well as the allegations of negligence "generally" of Paragraph 8 are hereby stricken from Plaintiffs' Complaint. BY THE COURT: J. HILARY A. THOMAS, AND SCOTT THOMAS, Plaintiffs V. No. 04-1873 BOBBY J. GARLAND, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT AND NOW, comes Defendant Bobby J. Garland, by and through his counsel, Nestico, Druby & Hildabrand, L.L.P. and files these Preliminary Objections to Plaintiffs' Complaint as follows: 2. 4. 6. On or about May 19, 2004, Plaintiffs filed a Complaint against the Defendant. Plaintiffs seek to hold Defendant liable for alleged injuries sustained in a motor vehicle accident on or about December 24, 2002. DEMURRER In paragraph 6 of the Complaint, Plaintiffs allegedly sets forth conduct for which she seeks to hold Defendant liable for causing their injuries. Plaintiff alleges in paragraph 6 that Defendant, after striking Plaintiffs vehicle, "fled the scene and while fleeing, struck a curb at the Sheetz store." Plaintiff further alleges in Paragraph 8 that Defendant was negligent "generally." Moreover, paragraph 8(g) alleges that Plaintiffs injuries were the direct and proximate result of Defendant's negligence in "fleeing a scene of an accident under 3743 of the Pennsylvania Motor Vehicle Code." The above allegations do not sufficiently plead any cause of action against Defendant. The above allegations refer to post-accident conduct that in no way caused injury to the Plaintiffs. 9. Furthermore, the above allegations state conclusions without detailing the factual conduct that Defendant allegedly engaged in which would render him liable for causing Plaintiffs' igjuries. 10. Moreover, the above allegation of negligence "generally" is a boilerplate allegation that is impermissible and contrary to law. 11. Likewise, the allegation of negligence "generally" its too broad to allow Defendant to formulate a proper response and prepare a defense to the allegations. 12. If the above allegations are permitted to remain, Defendant will be severely prejudiced inasmuch as the Plaintiff may rely on those paragraphs in an attempt to introduce new theories of liability once the statute of limitations has run and Defendant may be otherwise severely prejudiced because of Plaintiffs clearly impermissible allegations as has been held in Conner v. Allegheny General Hospital, 501 Pa. 306, 461 A.2d 600 (1983), and other applicable law. 13. Additionally, the allegations of post -accident conduct are matters of evidence, not pleading, that need to be borne out in discovery and eventually ruled upon by the court before that evidence becomes part of the record. 14. Such evidence is irrelevant to liability in this case and may tend to confuse the issues for the jury, resulting in prejudice to the Defendant. 15. Accordingly, Defendant demurs to the above paragraphs and allegations. WHEREFORE, Defendant respectfully requests that Plaintiffs' Complaint be dismissed with prejudice. In the alternative, Defendant requests that Paragraphs 6, 8(g) as well as the allegations of negligence "generally" of Paragraph 8 be stricken from Plaintiffs' Complaint. PRELIMINARY OBJECTION IN THE FORM OF A MOTION TO STRIKE 16. Paragraphs 1 through 15 are incorporated herein by reference. 17. Paragraphs 6, 8(g), as well as the allegations of negligence "generally" are impertinent, irrelevant, scandalous and otherwise impermissible under the rules of pleading. WHEREFORE, Defendant respectfully requests that Plaintiffs' Complaint be dismissed with prejudice. In the alternative, Defendant requests that Paragraphs 6, 8(g) as well as the allegations of negligence "generally" of Paragraph 8 be stricken from Plaintiffs' Complaint. L.L.P. Date: ,Kichard B. Druby, E q e Supreme Court I.D. o. 61904 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 Attorney for Defendant CERTIFICATE OF SERVICE I, Richard B. Druby, of the law firm of Nestico, Druby & Hildabrand, L.L.P., hereby certify that on the 9th day of July, 2004, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: John King, Esquire 600 N. Second Street Harrisburg, PA 1710: B. 7 C? N o p 4 r r,i -n n f_ ? _r Tl . N 1r `,L HILARY A. THOMAS, and SCOTT THOMAS, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-1873 V. BOBBY J. GARLAND, Defendant TO DEFENDANT NAMED HEREIN: CIVIL ACTION - LAW 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 Amended 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 Amended 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Le ban demandado a usted enla corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partie 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 de su persona. Sea avisado que si usted no se defiende, ][a 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. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 HILARY A. THOMAS, and : IN THE COURT' OF COMMON PLEAS SCOTT THOMAS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. 04-1873 V. CIVIL ACTION - LAW BOBBY J. GARLAND, Defendant Amended Complaint: AND NOW come the Plaintiffs, Hilary A. and Scott Thomas, by and through their attorneys, Friedman and King, P.C., by John F. King, Esquire, pursuant to PA RCP 1028 (c) (1), and bring the within Amended Complaint against the Defendant, Bobby J. Garland, and aver as follows: Plaintiffs, Hilary A. and Scott Thomas, are adult individuals who currently reside at 4902 Carlisle Pike, PMB 113, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant, Bobby J. Garland, is an adult individual who currently resides at 70 Conrad Road, Carlisle, Cumberland County, Pennsylvania, 17013. On or about December 24, 2002, the Plaintiff, Hilary Thomas, was the owner and operator of the 1999 Lexus SW automobile which was involved in the accident herein described. 4. On the aforesaid date, Defendant was the owner and operator of a 1988 Ford pick up truck which was involved in the accident described herein. On the aforesaid date, at approximately 11:57 p.m., the Plaintiff's vehicle was parked along the berm of Wolfs Bridge Road, located in Middlesex Township, Cumberland County, with its headlights on and its four way signals flashing, for the purpose of allowing the Plaintiff's husband to assist another vehicle that had become stuck in a snow bank. 6. While the Plaintiff s husband was assisting the other vehicle, the Plaintiff was sitting in her own vehicle when the Defendant carne around a turn, left the roadway, and struck the rear of the Plaintiff s vehicle at a high rate of speed. COUNTI HILARY A. THOMAS v. BOBBY J. GARLAND NEGLIGENCE Paragraphs 1 through 6 are incorporated herein as set forth at length. 8. The occurrence of the aforementioned collision and the resultant injuries to Plaintiff, Hilary A. Thomas, are the direct and proximate result of the negligence of the Defendant, Bobby J. Garland, more specifically as set forth below: a. In operating his motor vehicle in careless disregard of the safety or persons or property, in violation of §3714 of the Pennsylvania Motor Vehicle Code; b. In failing to have his motor vehicle under proper control at all times as to avoid striking Plaintiff's vehicle; C. In failing to observe plaintiff s four way signals flashing to indicate a stopped vehicle; d. In operating his motor vehicle without due regards to the rights, safety and position of the Plaintiff, e. In failing to take evasive action in order to avoid impacting with the Plaintiff; f. In failing to be reasonably vigilant to observe Plaintiff's vehicle; ?. As a direct and proximate result of the negligence of the Defendant, Bobby J. Garland, the Plaintiff, Hilary Thomas, has suffered and will continue to suffer personal injuries, including, but not limited to, neck and back pain, headaches, cervical strain, bilateral arm pain, cervical dysfunction, left shoulder pain and pain and suffering associated therewith. 10. As a direct and proximate result of the negligence of the Defendant, Bobby J. Garland, the Plaintiff, Hilary A. Thomas, sustained personal injuries requiring emergency medical treatment and continuing medical treatment, including but not limited to, ambulance transport to the emergency room, 66 visits to the chiropractor, several x-rays of the cervical spine and thoracic spine, the use of various prescription medications and a soft collar for the neck. 11. As a direct and proximate result of the negligence of the Defendant, Bobby J. Garland, the Plaintiff, Hilary A. Thomas, has been and will be in the future hindered from attending to her daily activities and duties, to her great detriment, loss, humiliation and embarrassment. 12. As a direct and proximate cause of the negligence of the Defendant, Bobby J. Garland, the Plaintiff, Hilary A. Thomas, has suffered great physical pain, discomfort, humiliation and mental anguish, and will continue to endure this pain for an indefinite period of time in the future, to her physical, emotional and financial detriment and loss. 13. As a direct and proximate result of the negligence of the Defendant, Bobby J. Garland, the Plaintiff, Hilary Thomas, has been compelled, in order to effect a cure for the aforesaid injuries, to expend money for medical attention. Plaintiff continues to take medications and continues to treat with a chiropractor and incurs medical expenses for said injuries and will continue to do so in the future, to her great detriment and loss. 14. As a direct and proximate result of the negligence of the Defendant, Bobby J. Garland, the Plaintiff, Hilary A. Thomas, has suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her great detriment and loss. 15. Plaintiff, Hilary A. Thomas, believes and therefore avers, that her injuries are permanent in nature. WHEREFORE, Plaintiff, Hilary A. Thomas, seeks damages from the Defendant, Bobby J. Garland, in an amount in excess of $25,000.00, exclusive of interests and costs, and therefore not bound by compulsory arbitration. COUNT II SCOTT THOMAS v. BOBBY J. GARLAND CONSORTIUM CLAIM 16. Paragraphs I through 15 are incorporated herein as set forth at length. 17. On the date of the accident, Plaintiff, Scott Thomas, was the spouse of Plaintiff, Hilary Thomas. 18. At all times relevant hereto, subsequent to the date of the accident, Plaintiffs Hilary and Scott Thomas, were husband and wife. 19. As a result of Defendant's negligence, Plaintiff, Scott Thomas, has been deprived of the society, companionship, contributions and consortium of his wife, Plaintiff, Hilary A. Thomas, to his great detriment and loss. 20. As a result of Defendant's negligence, Plaintiff, Scott Thomas, has incurred, and will in the future incur, medical bills and expenses to treat his wife's injuries. WHEREFORE, Plaintiff Scott Thomas, seeks damages from the Defendant, Bobby I Garland, in an amount in excess of $25,000.00, exclusive of interests and costs, and therefore not bound by compulsory arbitration. Respectfully submitted, & KING, P.C. Da4.4a/.Ow7 binn F. King, Esquire 500 N. Second Street C Penthouse Suite P.O. Box 984 Harrisburg, PA 17108 (717) 236-8000 VERIFICATION We, Hilary A. and Scott Thomas, hereby acknowledge that we are the Plaintiffs in the within action; that we have read the foregoing Amended Complaint; and the facts contained therein are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. Q"-:2- Hilary A ,7 as Scott Thomas HILARY A. THOMAS, and : IN THE COURT OF COMMON PLEAS SCOTT THOMAS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. 04-1873 V. CIVIL ACTION - LAW BOBBY J. GARLAND, Defendant CERTIFICATE OF SERVICE I, John F. King, Esquire, hereby certify that on July 27, 2004, I served a copy of the within Amended Complaint, by depositing same in the United States Mail, addressed as follows: Richard B. Druby, Esquire 840 East Chocolate Avenue Hershey, PA 17033 & MNQ, P.C. 7nt F. Br ing, Esquir N. Second Street house Suite VV P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 r> ?? _ C .., r„? ?, ' - ; _ f C_ 7 ?'-' h7 T ... ? t i. Gi N r m 7 - r ? ? ? 44 . .ff,, ? j ' ` t,.l •• -_I ?^? ??7 HILARY A. THOMAS, AND IN THE COURT OF COMMON PLEAS SCOTT THOMAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. 04-1873 V. CIVIL ACTION -LAW BOBBY J. GARLAND, Defendant NOTICE TO PLEAD TO: Hilary A. Thomas and Scott Thomas c/o John King, Esquire Friedman & King, PC 600 N. Second Street Harrisburg, PA 17108 You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default of judgment may be entered against you. Dated: August 13, 2004 NESTICO, DRUWzC & HILDABRAND, LLP By: Richard B. Druby, Esq ire Attorney I.D. No. 61904 840 East Chocolate Avenue Hershey, Pennsylvania 1'7033 (717) 533-5406 (717) 533-5717 Attorney for Bobby J. Garland HILARY A. THOMAS, AND SCOTT THOMAS, Plaintiffs V. BOBBY J. GARLAND, Defendant No. 04-1873 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFFS' AMENDED COMPLAINT After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, and they are therefore denied. 2. Admitted in part and denied in part. It is admitted that Bobby J. Garland is an adult individual. The remaining allegations are denied. 3. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, and they are therefore denied. 4. Admitted in part and denied in part. It is admitted that Defendant was the owner and operator of a 1988 Ford Pickup Truck on December 24, 2002. The remaining allegations are denied as stated. It is denied that the Plaintiff was parked along the berm of Wolfs Bridge Road. On the contrary, Plaintiff s vehicle was partially on the travel lane of Wolfs Bridge Road. As for the allegation that Plaintiff's headlights were on after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment, and it is therefore denied. As for the allegation that Plaintiff s four-way signals were flashing, that allegation is denied as Defendant observed brake lights only. As for the allegations that Plaintiff s purpose in parking in that manner was for the purpose of allowing her husband to assist another vehicle that had been stuck in the snow bank, and that lie was assisting that vehicle, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, and they are therefore denied. 6. Denied. The allegations of Paragraph 6 are specifically denied. Further, it is denied that the Defendant came around a turn, left the roadway and struck the rear of Plaintiff s vehicle at a high rate of speed. On the contrary, due to Plaintiff's negligence in stopping or parking her vehicle on the roadway during hazardous road conditions, Defendant's vehicle tapped the rear end of Plaintiff s vehicle which was on the roadway. COUNTI 7. Paragraphs 1 through 6 above are incorporated herein by reference. 8. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 8, including subparagraphs a through f are specifically denied. 9. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 9 are specifically denied. 10. Conclusion of law, to which no response is required. 'To the extent a response is required, the allegations of Paragraph 10 are specificallly denied. 11. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 11 are specifically denied. 12. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 12 are specifically denied. 13. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 13 are specifically denied. 14. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 14 are specifically denied. 15. Denied. The allegations of Paragraph 15 are specifically denied. WHEREFORE, Defendant demands that Plaintiffs' Complaint be dismissed with prejudice and that judgment be entered in his favor and against the Plaintiffs, plus costs of this action. COUNT II 16. Paragraphs 1 through 15 above are incorporated herein by reference. 17. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, and they are therefore denied. 18. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, and they are therefore denied. 19. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 19 are denied. 20. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 20 are denied. WHEREFORE, Defendant demands that Plaintiffs' Complaint be dismissed with prejudice and that judgment be entered in his favor and against the Plaintiffs, plus costs of this action. NEW MATTER 21. Paragraphs 1-20 above are incorporated herein by reference. 22. Plaintiffs' claims are barred, in whole or in part, by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 23. Plaintiffs' claims are barred, in whole or in part, by the selection of a limited tort option on applicable policies of insurance. 24. Plaintiffs' may have failed to mitigate their damages. 25. Defenses reserved pursuant to Pa.R.C.P. 1030(b) and all other defenses not required to be pleaded or hereby reserved. 26. Plaintiffs' claims may be barred, in whole or in part, by any applicable statute of limitations. 27. If Plaintiffs sustained damages as alleged, which is denied and of which strict proof is demanded, the same were caused by conditions for which Defendant is not responsible and/or the damages were not causally related to this accident. 28. If the plaintiff sustained damages as alleged, which is denied and of which strict proof is demanded, the same were caused by persons or parties over whom Defendant had no responsibility, authority of control. Respectfully submitted, NESTICO, DRUB ! HILDABRAND, LLP B: Y chard B. Druloy, Esq ire Attorney I.D. No. 6190 840 East Chocolate Avenue Hershey, Pennsylvania 17033 (717) 533-5406 (717) 533-571? Dated: August 13, 2004 Attorney for Bobby J. Garland VERIFICATION 1, Bobby J. Garland, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: 1144 Bobby . Garland CERTIFICATE OF SERVICE I, Richard B. Druby, of the law firm of Ne:stico & Druby, L.L.P., hereby certify that on the 13th day of August., 2004, a copy of the foregoing document, Defendant's Answer with New Matter to Plaintiffs; Amended Complaint, was sent via First Class U.S. Mail, postage paid, to the following: John King, Esquire 600 N. Second Street Harrisburg, PA 17101 ("? N "° i .s:- . .-<, i O, iti _,;_ ?...? ? ? ,..1 }?, ,? `7 .. ? -i`?'? _? cY1 ? Cti: -< HILARY A. THOMAS and SCOTT THOMAS, Plaintiffs V. BOBBY 7. GARLA ' Defendant INUMBERCOURT COMMON PLEAS LANDOCOUNTY, PENNSYLVANIA No. 04-1873 Civil Tenn CIVIL ACTION - LAW AND NOW come the Plaintiffs, Hilary A. Thomas and Scott Thomas, by and through their attorneys, Friedman & King, P•C•, and reply as follows: 21. The averments contained in paragraphs 1 through 20 of the Plaintiffs' more fully set forth at length. Arnended Complaint are incorporated herein as though 22. The averments contained in paragraph 22 of the Defendant's New Matter are a conclusion of law to which no response is required. a h 23 of'the Defendant's New Matter are 23. The averments contained in pirgr p a conclusion of law to which no response is required. 24. The averments contained in paragraph 24 o'f the Defendant's New Matter are a conclusion of law to which no response is required. It is specifically denied that the plaintiffs have failed to mitigate their damages. 25. The averments contained in paragraph 25 of the Defendant's New Matter are a conclusion of law to which no response is required. 26. The averments contained in paragraph 26 of the Defendant's New Matter are a conclusion of law to which no response is required. It is specifically denied that the Plaintiffs' claims are barred, in whole or in part, by a statute of limitations. 27. It is specifically denied that the Plaintiffs' damages were caused by conditions for which Defendant is not responsible, and it is also specifically denied that the damages were not causally related to this accident, and proof thereof is therefore demanded. 28. It is specifically denied that the Plaintiffs sustained damages caused by persons or parties over whom Defendant had no responsibility, authority or control, and proof thereof is therefore demanded. WHEREFORE, Plaintiffs seek damages from the Defendant, Bobby J. Garland, in an amount in excess of $25,000.00, exclusive of interest and costs, and therefore not bound by compulsory arbitration. Date: Respectfully submitted, FRIEDMAN & KING, P.C. Ri and S. Fri3dmawn 0 N. Second Street Penthouse Suite P. O. Box 98-4 Harrisburg, PA 17108 (717) 236-8000 k/p:pleadings\hthomas.rep VERIFICATION I, Richard S. Friedman, Esquire, hereby acknowledge that I am the attorney for the Plaintiffs in the foregoing action; that I have read the foregoing Plaintiffs' Reply to Defendant's New Matter; and the facts stated therein are true and correct to the best of my knowledge, information and belief. The Plaintiffs are temporarily out of this court's jurisdiction, and unable to verify. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. S. Fi'ie&PAH ; for Plaintiffs Dated: `???? HILARY A. THOMAS and : IN THE COURT OF COMMON PLEAS SCOTT THOMAS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : No. 04-1873 Civil Tenn BOBBY J. GARLAND, : CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE I, Richard S. Friedman, Esquire, hereby certify that on September, 2004, I served a copy of the within Plaintiffs' Reply to Defendant's New Matter, by depositing same in the United States Mail, first class, postage prepaid, addressed as follows: Richard B. Druby, Esquire Nestico, Druby & Hildabrand, LLP 840 E. Chocolate Ave. Hershey, PA 17033 FRIEDMAN &: KING, P.C. l RichXdF quire 600Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-80(N) r V 7 `l T1 tiff 1 r; ro -'a 7 HILARY A. THOMAS and : IN THE COURT OF COMMON PLEAS SCOTT THOMAS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : No. 04-1873 Civil Term BOBBY J. GARLAND, : CIVIL ACTION - LAW Defendant PRAECIPE Kindly file the attached Verification of the Plaintiffs, attach it to the Plaintiffs' Reply to Defendant's New Matter, and so mark the record. Respectfully submitted, FRIEDMAN &,KING, P.C. a4LA ?n Date: >?,J/'^7 n? A r Richard 600 N.; Friedman, Esquire and Street Penthouses Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 VERIFICATION We, Hilary A. Thomas and Scott Thomas, hereby acknowledge that we are the Plaintiffs in the foregoing action; that we have read the foregoing Plaintiffs' Reply to Defendant's New Matter; and the facts stated therein are true and correct to the best of our knowledge, information and belief. We understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Hilary A. as Scott Thomas Dated: a ?1 2& Y HILARY A. THOMAS and : IN THE COURT OF COMMON PLEAS SCOTT THOMAS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : No. 04-1873 Civil Term BOBBY J. GARLAND, : CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE I, Richard S. Friedman, Esquire, hereby certify that on September 29, 2004, I served a copy of the attached Praecipe and Verification, by depositing same in the United States Mail, first class, postage prepaid, addressed as follows: Richard B. Druby, Esquire Nestico, Druby & Hildabrand, LLP 840 E. Chocolate Ave. Hershey, PA 17033 , P.C. S. Vriedi)An, Esquire 600 N. SeckaO Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 y_ 'FI C a _^d (.J L7 CJ O y`fC;7 F'1:x1 fi N `] pl HILARY A. THOMAS, AND IN THE COURT OF COMMON PLEAS SCOTT THOMAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. No. 04-1873 BOBBY J. GARLAND, CIVIL ACTION .-LAW Defendant, V. JURY TRIAL DEMANDED SCOTT THOMAS, Additional Defendant. NOTICE TO PLEAD TO: Hilary A. Thomas and Scott Thomas c/o John King, Esquire Friedman & King, PC 600 N. Second Street Harrisburg, PA 17108 You are hereby notified to plead to the enclosed Amended Answer with New Matter to Plaintiffs' Amended Complaint within twenty (20) days from service hereof or a default of judgment may be entered against you. A NESTICO, Dated: By: RAard B. DruE'y, Esquir/ ,Attorney I.D. No. 61904 840 East Chocolate Aven Hershey, Pennsylvania 17033 (717) 533-5406 (717) 533-5717 Attorney for Bobby J. Garland , LLP HILARY A. THOMAS, AND IN THE COURT OF COMMON PLEAS SCOTT THOMAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. No. 04-1873 BOBBY J. GARLAND, CIVIL ACTION -LAW Defendant, V. : JURY TRIAL DEMANDED SCOTT THOMAS, Additional Defendant. TO: Scott Thomas, Additional Defendant 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 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 OR CANNOT AFFORD ONE, GO TO OR: TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4""' FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 NOTICA LE HAN DEMANDADO A USTED EN LA COURTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siquientes, usted tiene viente (20) dias de plazo al partir de Ian fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archival en la corte en forma escrita sus defensas o sus objeciones a law demandas en contra de su persona. Sea avisado que si usted nose defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacaion y por cualguier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE AGOGADO O SI NO TIENCE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 HILARY A. THOMAS, AND SCOTT THOMAS, Plaintiffs V. BOBBY J. GARLAND, Defendant v. SCOTT THOMAS, Additional Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-1873 CIVIL ACTION .-LAW JURY TRIAL DEMANDED DEFENDANT'S AMENDED ANSWER WITH NEW MATTER TO PLAINTIFFS' AMENDED COMPLAINT 1. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, and they are therefore denied. 2. Admitted in part and denied in part. It is admitted that Bobby J. Garland is an adult individual. The remaining allegations are denied. 3. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, and they are therefore denied. 4. Admitted in part and denied in part. It is admitted that Defendant was the owner and operator of a 1988 Ford Pickup Truck on December 24, 2002. The remaining allegations are denied as stated. 5. It is denied that the Plaintiff was parked along the berm of Wolfs Bridge Road. On the contrary, Plaintiff's vehicle was partially on the travel lane of Wolfs Bridge Road. As for the allegation that Plaintiff s headlights were on after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment, and it is therefore denied. As for the allegation that Plaintiff s four-way signals were flashing, that allegation is denied as Defendant observed brake lights only. As for the allegations that Plaintiffs purpose in parking in that manner was for the purpose of allowing her husband to assist another vehicle that had been stuck in the snow bank, and that he was assisting that vehicle, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, and they are therefore denied. 6. Denied. The allegations of Paragraph 6 are specifically denied. Further, it is denied that the Defendant came around a turn, left the roadway and struck the rear of Plaintiffs vehicle at a high rate of speed. On the contrary, due to Plaintiffs negligence in stopping or parking her vehicle on the roadway during hazardous road conditions, Defendant's vehicle tapped the rear end of'Plaintiffs vehicle, which was on the roadway. COUNTI 7. Paragraphs 1 through 6 above are incorporated herein by reference. 8. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 8, including subparagraphs a through f are specifically denied. 9. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 9 are specifically denied. 10. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 10 are specifically denied. 11. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 11 are specifically denied. 12. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 12 are specifically denied. 13. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 13 are specifically denied. 14. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 14 are specificallly denied. 15. Denied. The allegations of Paragraph 15 are specifically denied. WHEREFORE, Defendant demands that Plaintiffs' Complaint be dismissed with prejudice and that judgment be entered in his favor and against the Plaintiffs, plus costs of this action. COUNT II 16. Paragraphs 1 through 15 above are incorporated herein by reference. 17. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, and they are therefore denied. 18. After reasonable investigation, Defendant is without :knowledge or information sufficient to form a belief as to the truth of the averments, and they are therefore denied. 19. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 19 are denied. 20. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 20 are denied. WHEREFORE, Defendant demands that Plaintiffs' Complaint be dismissed with prejudice and that judgment be entered in his favor and against the Plaintiffs, plus costs of this action. NEW MATTER 21. Paragraphs 1-20 above are incorporated herein by reference. 22. Plaintiffs' claims are barred, in whole or in part, by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 23. Plaintiffs' claims are barred, in whole or in part, by the selection of a limited tort option on applicable policies of insurance. 24. Plaintiffs' may have failed to mitigate their damages. 25. Defenses reserved pursuant to Pa.R.C.P. 1030(b) and all other defenses not required to be pleaded or hereby reserved. 26. Plaintiffs' claims may be barred, in whole or in part, by any applicable statute of limitations. 27. If Plaintiffs sustained damages as alleged, which is denied and of which strict proof is demanded, the same were caused by conditions for which Defendant is not responsible and/or the damages were not causally related to this accident. 28. If the Plaintiff sustained damages as alleged, which is denied and of which strict proof is demanded, the same were caused by persons or parties over whom Defendant had no responsibility, authority or control. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiffs' Complaint with prejudice or in the alternative, enter judgment in favor of Defendant on all Plaintiffs' claims. NEW MATTER PURSUANT TO Pa. R.C.P. 2252 (d l1 DIRECTED TO PLAINTIFF SCOTT THOMAS 29. Paragraphs 1-28 above are incorporated herein by reference. 30. If it is judicially determined that Plaintiffs are entitled to recover, then Defendant herein joins Plaintiff Scott Thomas as an additional defendant and avers that he is solely liable to Plaintiff Hilary A. Thomas, jointly and severally liable to Plaintiff Hilary A. Thomas, or liable over to Defendant for indemnity and/or contribution with respect to Plaintiff Hilary A. Thomas' claims. 31. The alleged accident was the direct and proximate result of the carelessness and negligence of Plaintiff Scott Thomas in that he: (a) parked his vehicle in the roadway in an area with limited sight distance for drivers of vehicles traveling in his direction on the roadway in violation of 75 Pa.C.S. § 3351 and § 3353; (b) parked his car in the travel portion of the roadway; (c) failed to warn approaching vehicles that his vehicle was parked on the travel portion of the roadway; (d) failed to move his vehicle to a safe location off the roadway prior to exiting and leaving his vehicle; (e) failed to park his vehicle in a safe location off the :roadway prior to exiting and leaving his vehicle; (f) failed to ensure that it was safe to leave his vehicle in the location where it was parked prior to his exiting the vehicle; (g) failed to operate his vehicle with due regard for the rights, safety and position of Plaintiff, Hillary Thomas and others; (h) failed to be reasonably vigilant to observe; and (i) failed to use due care under the circumstances. WHEREFORE, Defendant hereby joins Plaintiff Scott Thomas as an additional defendant and demands that he be held solely liable to Plaintiff Hilary A. Thomas, jointly and severally liable to Plaintiff Hilary A. Thomas, or liable over to Defendant for indemnity and/or contribution with respect to Plaintiff Hilary A. Thomas' claims. Respectfully submitted, NESTICO, DRUlPr$ HILDABRAND, LLP By: Dated: Z d chard B. Druby, Esquire Attorney I.D. No. 61904 840 East Chocolate Avenue - Hershey, Pennsylvania 17033 (717) 533-5406 (717) 533-5717 Attorney for Bobby J. Garland VERIFICATION I, Bobby J. Garland, verify that the statements made in the foregoing document 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. Date: Bobby/Garland CERTIFICATE OF SERVICE I, Richard B. Druby, Esquire, of the law firm of Nestico, Druby & Hildabrand, LLP, t hereby certify that on the) 7 day y of December, 2004, a copy of the foregoing document, Defendant's Amended Answer with New Matter to Plaintiffs' Amended Complaint, was sent via First Class U.S. Mail, postage paid, to the following: John King, Esquire 600 N. Second Street Harrisburg, PA 17101 Attorney for Plaintiffs r" ; r ,? ??.m ? f-? ?tt -r _ i. ?I: _ r From: HILARY A. THOMAS AND SCOTT THOMAS, Plaintiffs v. BOBBY J. GARLAND, Defendant 12/22/2004 13:16 #404 P.002/002 IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 041873 CIVIL ACTION --LAW SWULATION F COUNSEL ARD G FH,WG OF AN AMXNDE]2 ANSWER WITH NEW MATTER AND NEW MATTER CROSSCLAIM The parties, by and through their respective counsel, Pursuant to Pa.R.C.P. 1033, hereby file this Stipulation permitting Defendant Garland to file an Ames?ded Answer with New Matter, to include a New Matter Crossclaim, pursuant to Pa.R.C.P. 2252(d) joining Plaintiff Scott Thomas as an additional Defendant with regard to Plaintiff Hilary A. Thomas' claims. Defendant agrees he will file the Amended Answer with New Matter and New Matter Crossclaim no later than January 17, 2005. Respectfully Date: ? ? Date: ?- Q By: By; ?dchard B. Druby, Es re Attorney I.D. No. 61 840 East Chocolate Avenue Hershey, Pennsylvania 17033 Ph: (717) 533-5406 Attorney for Bobby J. Garland Jo 11r. King tsburg, N. Second Street, PA 17108 Ph: (717) 236-8000 Attorney for Plaintiffs CERTIFICATE OF SERVICE I, Richard B. Druby, Esquire, of the law firm of Nestico, Druby & Hildabrand, LLP, hereby certify that on the 27`h day of December, 2004, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, -to the following: John King, Esquire 600 N. Second Street Harrisburg, PA 17101 Attorney ; Plaintiffs .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HILARY A. THOMAS and SCOTT THOMAS, Plaintiffs, CIVIL DIVISION NO. 04-1873 V. BOBBY J. GARLAND, Defendant, V. SCOTT THOMAS, Additional Defendant. PRAECIPE FOR APPEARANCE (Jury Trial Demanded) Filed on Behalf of the Additional Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road Lemoyne, PA 17043 (717) 901-5916 #13263 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HILARY A. THOMAS and CIVIL DIVISION SCOTT THOMAS, Plaintiffs, NO. 04-187,3 V. BOBBY J. GARLAND, Defendant, V. SCOTT THOMAS, (Jury Trial Demanded) Additional Defendant. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Additional Defendant, Scott Thomas, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, MCDONNELL, HUDOCK, GUTHRIE X SKEEL L.L.P. in . Rau h, Esquire nsel for Additional Defendant CERTIFICATE OF SERVICE: I HEREBY CERTIFY that a true and correct copy of the foregoing Praecipe for Appearance has been mailed by U.S. postage pre-paid, this 3- day of Mail to counsel of record via first class mail, arl- , . John King, Esquire Friedman & King, PC 600 N. Second Street Harrisburg, PA 17108 Richard B. Druby, Esquire Nestico, Druby & Hildabrand, LLP 840 East Chocolate Avenue Hershey, PA 17033 SUMMERS, McDONNELL, HUDOCK, GUTHRIE &.$KEEL., By:_ l_ K vin . auch, Esquire Counsel for Additional Defendant C7 ?? rnF_ ? r ;i _C) Tl ` C-3 E _ ., `Tt 3 FRIEDMAN and KING, P.C. John F. King, Esq. ID #: 61919 600 N. Second Street Penthouse Suite Harrisburg, PA 17101 HILARY A. THOMAS and SCOTT THOMAS, Plaintiffs, V. BOBBY J. GARLAND, Defendant V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-1873 CIVIL ACTION - LAW SCOTT THOMAS, Additional Defendant : PLAINTIFFS' REPLY TO NEW MATTER AND NOW come the Plaintiffs, Hilary A. Thomas and Scott Thomas, by and through their attorneys, Freidman & King, P.C., and reply as follows: 21. The averments contained in paragraphs 1 through 20 of the Plaintiffs' Amended Complaint are incorporated herein as though more fully set forth at length. 22. The averments contained in paragraph 22 of the Defendant's New Matter are a conclusion of law to which no response is required. 23. The averments contained in paragraph 23 of the Defendant's New Matter are a conclusion of law to hwich no response is required. 24. The averments contained in paragraph 24 of the Defendant's New Matter are a conclusion of law to which no response is required. It is specifically denied that the Plaintiffs have failed to mitigate their damages. 25. The averments contained in paragraph 25 of the Defendant's New Matter are a conclusion of law to which no response is required. 26. The averments contained in paragraph 26 of the Defendant's New Matter are a conclusion of law to which no response is required. It is specifically denied that the Plaintiffs' claims are barred, in whole or in part, by a statute of limitations. 27. It is specifically denied that the Plaintiffs' damages were caused by conditions for which Defendant is not responsible, and it is also specifically denied that the damages were not causally related to this accident, and proof thereof is therefore demanded. 28. It is specifically denied that the Plaintiffs sustained damages caused by persons or parties over whom Defendant had no responsibility, authority or control, and proof thereof is therefore demanded. 29.-31. No answer is required to the averments contained in paragraphs addressed to Scott Thomas as a new matter crossclaim defendant, and said averments will be answered by counsel representing him in that capacity. WHEREFORE, Plaintiffs seek damages from the Defendant, Bobby J. Garland, in an amount in excess of $25,000.00, exclusive of interest and costs, and therefore not bound by compulsory arbitration. Dated: January --f - L 2005 Respectfully submitted, FRIEDMAN and KING, P.C. By: John F. King, Ig4uire ID# 61919 600 N. Second Street Penthouse Suite Harrisburg, PA 17101 (717) 236-8000 Attorney for Plaintiffs TO: Richard B. Druby, Esquire Nestico, Druby & Hildebrand, LLP 840 E. Chocolate Ave. Hershey, PA 17033 Attorney for Defendant Kevin D. Rauch, Esquire Summers, MCDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Lemoyne, PA 17043 Attorney for Additional Defendant VERIFICATION 1, John F. King, Esquire, hereby acknowledge that I am the attorney for the Plaintiff in the foregoing action; that I have read the foregoing reply to new matter and 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. Section 4904, relating to unworn falsification to authorities. Dated: I d r' t John King, Esq ire A?ttomey for Plaintiff CERTIFICATE OF SERVICE I hereby certify that I am this / day January, 2005, serving the foregoing reply to new matter upon the person and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by First Class Mail addressed as follows: Richard B. Druby, Esquire Nestico, Druby & Hildabrand, LLP 840 E. Chocolate Ave. Hershey, PA 17033 Kevin D. Rauch, Esquire Summers, MCDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Lemoyne, PA 17043 2 lug lL?4 Jo F. King, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HILARY A. THOMAS and SCOTT THOMAS, Plaintiffs, CIVIL DIVISION NO. 04-1873 V. BOBBY J. GARLAND, Defendant, ADDITIONAL DEFENDANT'S REPLY TO DEFENDANT'S NEW MATTER 2252(d) (Jury Trial Demanded) V. SCOTT THOMAS, Additional Defendant. Filed on Behalf of the Additional Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road Lemoyne, PA 17043 (717) 901-5916 #13263 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HILARY A. THOMAS and SCOTT THOMAS, Plaintiffs, CIVIL DIVISION NO. 04-1873 V. BOBBY J. GARLAND, Defendant, V. SCOTT THOMAS, Additional Defendant. (Jury Trial Demanded) ADDITIONAL DEFENDANT'S REPLY TO DEFENDANT'S NEW MATTER 2252(d) AND NOW, comes the Additional Defendant, Scott Thomas, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Reply to New Matter 2252(d) and in support thereof avers as follows: 29. Paragraph 29 is an incorporation paragraph to which no response is required. By way of further answer, the Additional Defendant incorporates the allegations of paragraphs 1-20 of the Plaintiffs Complaint as if the same were fully set forth at length herein. 30. Paragraph 30 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 31. Paragraph 31 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Additional Defendant, Scott Thomas, respectfully requests this Honorable Court enter judgment in his favor and against the Defendant with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEE" L.L.P. B , f" rw Kevin D. Rauch, Esquire Counsel for Additional Defendant VERIFIED STATEMENT I, Kevin D. Rauch, Esquire, being the attorney for the Additional Defendant, Scott Thomas, in the within action, am duly authorized to make this Verified Statement on the Additional Defendant's behalf. I hereby verify that the statements set forth in the foregoing Reply to Defendant's New Matter 2252(d) are true and correct to the best of my information and belief based upon knowledge obtained from the Additional Defendant. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsifications to authorities. Dated: ` tt -bs- Counsel for Additional Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADDITIONAL DEFENDANT'S REPLY TO DEFENDANT'S NEW MATTER 2252(d) has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 1 day of February, 2005. John King, Esquire Friedman & King, PC 600 N. Second Street Harrisburg, PA 17108 Richard B. Druby, Esquire Nestico, Druby & Hildabrand, LLP 840 East Chocolate Avenue Hershey, PA 17033 SUMMERS, McDONNELL, HUDOCK, GUTHRIE &SKECL. L.L.P. By: Kevin D. Rauch, Esquire Counsel for Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THOMAS & THOMAS Vs. NO. 041873 GARLAND V. SCOTT T CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 RICHARD B DRUBY, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 02/15/05 q-^- B DRUBY, ESQUIRE RICHARD 840 E CHOCOLATE AVE HERSHEY, PA 17033 717-533-5406 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) File #: M318338 By: Lisa Sheridan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THOMAS & THOMAS Vs. GARLAND V. SCOTT T No. 041873 TO: JOHN KING, ESQ (PLAINTIFF) KEVIN RAUCH NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 01/25/05 RICHARD B DRUBY, ESQUIRE 840 E CHOCOLATE AVE HERSHEY, PA 17033 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3336 By: Lisa Sheridan Enc(s): Copy of subpoena(s) Counsel return card File #: M318338 COMWNWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND THOMAS & THOMAS Vs. File No. 04187'; GARLAND V. SCOTT T SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: FAMILY MED CTR OF CAMP HL, 4076 MARKET ST, CAMP HILL PA 17011 Nane of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doauments or things: SEE ATTACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS,(AM(less1940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested h; this subpoena, together with the certificate of compliance, to the party making thi: request at the address listed above. You have the right to seek in advance the rea.onablE cost of preparing the copies or producing the things sought. if you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thin subpoena may seek a court orde- czrmpelling you to corply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: RICHARD_B-DRUBY, ESQ ADDRESS: 6 E AVE TELEPHONE: HERSHEY, PA 17033 SUPREME COURT ID 215-335-3212 ATTORNEY FOR: DEFENDANT M318338-01 DATE: Jevy- teal of the Court BY THE OOURT: 11 "-Z Fj-.-. - Prothonotary/C civi,i Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA THOMAS & THOMAS Vs. GARLAND v.=SCOTT T No. 041873 CUSTODIAN OF RECORDS FOR: FAMILY MED CTR OF CAMP HL ANY AND ALL RECORDS FROM THE BEGINNING OF TREATMENT UNTIL THE PRESENT. A/K/A HILARY A HOKE PERTAINING TO: NAME: HILARY A THOMAS ADDRESS: 4902 CARLISLE PK PMB 113 MECHANICSBURG DATE OF BIRTH: 12/26/78 SSAN: 205667695 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO?DOCUMENTSAVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or FAMILY MED CTR OF CAMP HL CUMBERLAND M318338-01 *** SIGN AND RETURN THIS PAGE *** COMMC 1EALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND THOMAS & THOMAS Vs. GARLAND V. SCOTT T File No, 04187 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 SUSQUEHANNA SURGEONS, 532 N FRONT ST, LEMOYNE PA 17043 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court tc produce the following domments or things: SEE ATTACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS (A sJ940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested h, this subpoena, together with the certificate of caTpliance, to the party making thi; request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thin subpoena may seek a court orde• a rpelling you to comly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: RICHARD R DRTTRY, ESQ ADDRESS: -S E AVE TELEPHONE: HERSHEY, PA 17033 SUPREME COURT ID #215-33 5 - 3212 ATTORNEY FOR: DEFENDANT BY THE COURT: M318338-02 DATE: L a ? 2 ovS Seal of the Court Prothono//tary/ l k, Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA THOMAS & THOMAS Vs. GARLAND V. SCOTT T No. 041873 CUSTODIAN OF RECORDS FOR: SUSQUEHANNA SURGEONS ANY AND ALL RECORDS FROM THE BEGINNING OF TREATMENT UNTIL THE PRESENT. A/K/A HILARY A HOKE PERTAINING TO: NAME: HILARY A THOMAS ADDRESS: 4902 CARLISLE PK PMB 113 MECHANICSBURG DATE OF BIRTH: 12/26/78 SSAN: 205667695 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO-DaCUMENTSAVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or SUSQUEHANNA SURGEONS CUMBERLAND M318338-02 * * * SIGN AND RETURN THIS PAGE * * * COMMONWEALTH OF PENNSYLVANIA COUNPY OF CUNIDFRIAND THOMAS & THOMAS File No. VS. GARLAND V. SCOTT T 20041873 SUBPOENA TO PRODUCE D=XU IENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: DR KEVIN WESTRA 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: -max SSEE ATTA?FTE at MEDICAL LEGAL REPRODUCTIONS INC 4940 DISSTON ST PHILA PA 19135 (Address) You may deliver or mail legible copies of the documents or produce things requested h; this subpoena, together with the certificate of compliance, to the party making thi_ request at the address listed above. You have the right to seek in advance the rea.onablE cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thi: subpoena may seek a court or-de" =npelling you to canply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: RICHARD DRUBY, ESQ_ ADDRESS: HERSHEY PA 17033 TELEPHONE: (215) 335-3212 SUPREPE COURT ID ATTORNEY FOR: DEFENDANT DATE: X eal of the Court BY THE OOURT: Prot tar / k, Civil Division i 1, Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA THOMAS & THOMAS Vs. GARLAND P. SCOTT T No. 041873 CUSTODIAN OF RECORDS FOR: DR KEVIN WESTRA ANY AND ALL RECORDS FROM THE BEGINNING OF TREATMENT UNTIL THE PRESENT. A/K/A HILARY A HOKE PERTAINING TO: NAME: HILARY A THOMAS ADDRESS: 4902 CARLISLE PR PMB 113 MECHANICSBURG DATE OF BIRTH: 12/26/78 SSAN: 205667695 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO-D&UMENTSAVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or DR KEVIN WESTRA CUMBERLAND M318338-03 *** SIGN AND RETURN THIS PAGE *** 0 HILARY A. THOMAS and SCOTT TI IOMAS, Plaintiffs V. BOBBY J. GARLAND, Defendant V. SCOTT THOMAS, Additional Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-1873 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: (I ) a notice of intent to serve the subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoenas, is attached to this certificate, (3) Counsel for Plaintiff has waived the 20 Days, and (4) the subpoenas which will be served are identical to the subpoenas which are attached to the notice of intent to serve the subpoenas. Dated: NESTICO, DRUBY & 1JrLDABRAND, L.L.P. ?l By: ichard B. Druby, Esq it 840 East Chocolate Ave Hershey, PA 17033 (717) 533-5406 Attorney for Defendant Garland i , HILARY A. THOMAS, AND SCOTT THOMAS, Plaintiffs V. BOBBY J. GARLAND, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-1873 : CIVIL ACTION -LAW NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant intends to serve a subpoena 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. Subpoena is for the following: Vector Systems, Inc. Mechanicsburg Learning Center Exel Logistics South Central Employment Corporation Respectfully submitted, NESTICO, D By: Date: 3 U)? /Richard B. Druby, E"s it Attorney I.D. No. 69104- 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 (717) 533-5717 Attorney for Defendant L.L.P. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HILARY A. THOMAS, AND SCOTT THOMAS, Plaintiffs V. BOBBY J. GARLAND. Defendant No. 04-1873 : CIVIL ACTION -LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Vector Systems, Inc. C/o Mechanicsburg Navy Depot 4309 Linglestown Road Harrisburg, PA 17102 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Any and all employment Information from the beginning of employment to the present, including, but not limited to, employment applications, employee evaluations, report of work injuries, worker's compensation claims and any and all other information regarding the employment of Hilary Thomas (a.k.a. Hilary A, Hoke) (DOB: 12/26/1978, SSN: 205.66-769.5), at 840 East Chocolate Avenue, Hershey, PA 17033 You may deliver or mail legible copies of the documents or produce the 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 in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Address: Telephone: Supreme Cou Attorney for: Richard B. Druby, Esquire 840 East Chocolate Avenue Hershey. PA 17033 (717) 533-5406 rt ID #61904 Defendant Date: Seal of Court BY THE COURT: Prothonotary/Clerk, Civil Division Deputy (EH: 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HILARY A. THOMAS, AND SCOTT THOMAS. Plaintiffs V. BOBBY J. GARLAND, Defendant : No. 04-1873 CIVIL ACTION - LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Mechanicsburg Learning Center 841 W. Trindle Road Mechanicsburg, PA 17055 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce tine following documents or things Any and all employment Information from the beginning of employment to the present, including, but not limited to, employment applications, employee evaluations, report of work injuries, worker's compensation claims and any and all other information regarding the employment of Hilary Thomas (a.k.a. Hilary A. Hoke) (DOB: 12/26/1978, SSN: 205-66-7695). at 840 East Chocolate Avenue, Hershey, PA 17033 You may deliver or mail legible copies of the documents or produce the 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 idler its service, the party serving this subpoena may seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Address: Telephone: Supreme Cot Attorney for: Richard B. Druby. Esquire 840 East Chocolate Avenue Hershey. PA 17033 (717)533-5406 rt I D 961904 Defendant Date: Seal of Court BY THE COURT: Prothonotary/Clerk, Civil Division Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HILARY A. THOMAS, AND SCOTT THOMAS. Plaintiffs : No. 04-1873 V, BOBBY.I. GARLAND, Defendant CIVIL ACTION - LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Exel Logistics C/o Astra Zeneca 500 Industrial Lane Middletown, PA 17057 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all employment information from the beginning of employment to the present, Including, bait not limited to, employment applications, employee evaluations, report of work injuries, worker's compensation claims and any and all other Information regarding the employment of Hilary Thomas (a.k.a. Hilary A. Hoke) (DOB: 12/26/1978, SSN: 205-66-7695), at 840 East Chocolate Avenue, Hershey, PA 17033 You may deliver or mail legible copies of the documents or produce the 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 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 pity 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: Nane: Richard B. Druby, Esquire Address: 840 East Chocolate Avenue Hershey. PA 17033 Telephone: (717) 533-5406 Supreme Court ID #61904 Attorney for: Defendant BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of Court ( Eft'. 7197) Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HILARY A. THOMAS. AND SCOTT THOMAS. Plaintiffs V. BOBBY J. GARLAND. Defendant : No. 04-1873 CIVIL ACTION - LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: South Central Employment Corp 4643 N. 3rd St, Suite 200 Harrisburg, PA 17110 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all employment information from the beginning of employment to the present, Including, but not limited to, employment applications, employee evaluations, report of work injuries, worker's compensation claims and any and all other Information regarding the employment of Hilary Thomas (a.k.a. Hilary A. Hoke) (DOB: 12/26/1978, SSN: 205-66-7695). at 840 East Chocolate Avenue, Hershey, PA 17033 You may deliver or mail legible copies of the documents or produce the 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 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 coma order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Richard B. Druby, Esquire Address: 840 East Chocolate Avenue Hershey, PA 17033 Telephone: (717) 533.5406 Supreme Court ID 461904 Attorney for: Defendant Date: Seal Of Court BY THE COURT: Prothonotary/Clerk, Civil Division Deputy (Eff. 7/97) CERTIFICATE OF SERVICE 1, Richard B. Druby, Esquire, of the law firm of Nestico, Druby & Hildabrand, LLP, hereby certify that on the i ? day of March, 2005, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: John King, Esquire 600 N. Second Street Harrisburg, PA 17101 Attorney for Plaintiffs CERTIFICATE OF SERVICE 1, Christiana Aleby, of the law firm of Nestico, Druby & Hildabrand, LLP, hereby 417 certify that on the i day of March, 2005, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: John King, Esquire 600 N. Second Street Harrisburg, PA 17101 Attorney for Plaintiffs Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Lemoyne, PA 17043 C ristiana E. Appleby i.1 `' FRIEDMAN and KING, P.C. John F. King, Esq. ID #: 61919 600 N. Second Street Penthouse Suite Harrisburg, PA 17101 HILARY A. THOMAS and SCOTT THOMAS, Plaintiffs, V, BOBBYJ.GARLAND, Defendant V. SCOTT THOMAS, Additional Defendant : Attorney for Plaintiffs IN THE COURT OF COMMON CUMBERLAND COUNTY, PENNSYLVANIA No. 04-1873 CIVIL ACTION - LAW PRAECIPE Kindly file the attached Verification of the Plaintiffs; attach it to the Plaintiff' $? Reply o New Matter and so mark the record. Dated: March 22, 2005 Respectfully submitted, FRIEDMAN and KING, P.C. By:_ Qi? hn F. King, Es uir ID#61919 600 N. Second Street Penthouse Suite Harrisburg, PA 17101 (717) 236-8000 Attorney for Plaintiffs TO: Richard B. Druby, Esquire Nestico, Druby & Hildabrand, LLP 840 E. Chocolate Ave. Hershey, PA 17033 Attorneys for Defendant Kevin D. Rauch, Esquire Summers, MCDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Lemoyne, PA 17043 Attorneys for Additional Defendant .. VERIFICATION We, Hilary A. Thomas and Scott Thomas, hereby acknowledge we arethe Plaintiffs in the foregoing action; that we have read the foregoing Reply to New atter and the facts stated therein are true and correct to the best of our knowledge, information d belief. We understand that any false statements herein are made subject to R enalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Date: January _, 2005 Date: January , 2005 CERTIFICATE OF SERVICE I hereby certify that I am this ?2 day March, 2005, serving the foregc for reply to new matter upon the person and in the manner indicated below which satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by First Class Mail addressed as follows: Richard B. Druby, Esquire Nestico, Druby & Hildabrand, LLP 840 E. Chocolate Ave. Hershey, PA 17033 Kevin D. Rauch, Esquire Summers, MCDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Lemoyne, PA 17043 Sharry D. Lauffer; N -> -il T T N C7 C i - W C7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THOMAS Vs. NO. 041873 GARLAND VS. SCOTT T CERTIFICATE PREREQUISITE TO SERVICE OF A S1 PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 RICHARD B DRUBY, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to th date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 03/29/05 RICHARD B DRUBY, SQUIRE 840 E CHOCOLATE JE HERSHEY, PA 1703 717-533-5406 ATTORNEY FOR DEFE INQUIRIES SHOULD E ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. C4940 DISSTON STREET PHILADELPHIA PA 19135 (215) By: Christine Moi y File #: M319601 IN THE COURT OF COMMON PLEAS OF THOMAS Vs. GARLAND VS. SCOTT T I No. 041873 TO: JOHN KING, ESQ (PLAINTIFF) KEVIN RAUCH NOTICE OF INTENT TO SERVE A SUBPOENA TO DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT COUNTY RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of recor and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 03/08/05 RICHARD B DRUBY, 840 E CHOCOLATE RE HERSHEY, PA 17033 ATTORNEY FOR DEFE INQUIRIES SHOULD B MEDICAL LEGAL REPR 4940 DISSTON STREE PHILADELPHIA, PA 1 (215) 335-3336 ADDRESSED TO: 35 By: Christine Moi INC. Enc(s): Copy of subpoena(s) Counsel return card File #: M319601 COMNDNWFALTH OF PENNSYLVANIA COUNTY OF CUMBERIAM THOMAS Vs. File No. GARLAND VS. SCOTT T SUBPOENA TO PRODUCE DOCUtE_NTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: FAMILY MED CTR MIDDLETOWN, 1022 N UNION ST, MIDDLET WN PA 17057-2158 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are dered by the court to produce the following documents or things: SEE ATTACHED ADDENDU at LEGAL REPRODUCTIONSFA&Kss?940 DISSTON ST., PHIL A., PA You may deliver or mail legible copies of the documents or prod this subpoena, together with the certificate of cam liance, t request at the address listed above. You have the-right to seek in •:ost of oreoaring the copies or producing the things sought. If you fail to produce the documents or things required by this !?0) days after its service, the party serving this subpoena c=pelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAlIFE: .__? T(''T-1?17 T1 R nRnR}(, ESQ AsDDRESS -- "B4-0"'E-CHO?E AVE i"El_FPHONE: HERSHEY, PA 17033 St1PREhE OOURT ID #215-335-3212 ATTORNEY FOR: DEFENDANT BY T-g COURT: M319601-01 DATE: / A...? Seal of the C6urt? ce things requested h? the party making thi_ advance the reasonable subpoena within twenty may seek a court orde• vision (Eff. 7/9',) ADDENDUM TO SUBPOENA THOMAS Vs GARLAND VS. SCOTT T No. 041873 CUSTODIAN OF RECORDS FOR: FAMILY MED CTR MIDDLETOWN ANY AND ALL RECORDS FROM THE BEGINNING OF TREATMENT PRESENT. A/K/A HILARY A HOKE PERTAINING TO: NAME: HILARY A THOMAS ADDRESS: 4902 CARLISLE PK MB 113 MECHANICSBURG DATE OF BIRTH: 12/26/78 SSAN: 205667695 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR THE APPEARANCE. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN [ I RECORDS ARE ATTACHED HERETO: I hereby certify as cu todian of records that, to the best of my knowledge, informati n and belief all documents or things above mentioned have een produced. [ I NO DOCUMENTS AVAILABLE. I hereby certify that a tho ough search has been made and that no record of the following d currents have been located (CHECK THE APPROPRIATE BOX): RECORDS X-RAYS Date CUMBERLAND M319601-01 ( ) PATIENT BILLING ( ) RECORDS / XRAYS have been FAMILY MED CTR MIDDLETOWN *** SIGN AND RETURN THIS PAGE *** Ca%24X EALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND THOMAS Vs. GARLAND VS. SCOTT T File No. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 SKOCIK CHIRO, 5500 ALLENTOWN BLVD, TO: (Name of Person or Entity) PA 117112-4056 Within twenty (20) days after service of this subpoena, you are produce the following documents or things:,- SEE ATTACHED ADS at by the court to MEDICAL LEGAL REPRODUCTIONS FAcWgss ? 9 4 0 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or pro ce things requested by this subpoena, together with the certificate of compliance, o the party making thi; request at the address listed above. You have the right to seek i advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by (20) days after its service, the party serving thin sub cxrpelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:- RT('HARn R I)RURY, ESQ ADDRESS: 8 E AVE TELEPHONE: HERSHEY, PA 17033 SUPREME COURT I D# 215-335-3212 ATTORNEY FOR--- DEFENDANT 3v. .n-[El COURT: IM319601-02 DA'iE: r - ' Seal of the Cour subpoena within twenty may seek a court orde•. ision (Eff. 7/97) ADDENDUM TO SUBPOENA THOMAS Vs. GARLAND VS. SCOTT T No. 041873 CUSTODIAN OF RECORDS FOR: SKOCIK CHIRO ANY AND ALL RECORDS FROM THE BEGINNING OF TREATMENT PRESENT. A/K/A HILARY A HOKE PERTAINING TO: NAME: HILARY A THOMAS ADDRESS: 4902 CARLISLE PK MB 113 DATE OF BIRTH: 12/26/78 SSAN: 205667695 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR THE AL APPEARANCE. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO:I hereby certify as c stodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned hav been produced. ] NO DOCUMENTS AVAILABLE: I hereby certify that a th rough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed SKOCIK CHIRO or CUMBERLAND M319601-02 *** SIGN AND RETURN THIS PAGE ** THOMAS Vs. COt4 DNWEALTH OF PENNSYLVANIA COUNPY OF CUMBERLAND File No. GARLAND VS. SCOTT T SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 CARLISLE REG MED CTR, 246 PARKER ST BOX 4100, CARLI SLE PA 17013 TO: __ AT=- mEDTr S DEPT (Name of Person or Entity) _ Within twenty (20) days after service of this subpoena, you are ord ered by the court to produce the following documents or things: - SEE ATT A CREbF --- - - - MEDICAL LEGAL REPRODUCTIONSFA lEss 940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produc e things requested hj this subpoena, together with the certificate of compliance, to he party making thi_ request at the address listed above. You have the right to seek in a dvance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this s ubpoena within twenty (20) days after its service, the party serving thin subpoena rr ay seek a court orde'. crnpelling you to conply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: RICRARD R 1?RUY, ESQ ADDRESS. E AVE TELEPHONE: HERSHEY, PA 17033 SUPREME COURT I D# 215-335-3212 ATTORNEY FOR: DEFENDANT BY THE T 1319601-03 - - ?, TM Prothonotary/Clerk, ivi ision - Seal of the Cour fJ1/I'-Y,-__-. (Eff. 7/97) ADDENDUM TO SUBPOENA THOMAS Vs GARLAND VS. SCOTT T CUSTODIAN OF RECORDS FOR: CARLISLE REG MED CTR ANY AND ALL RECORDS FROM THE BEGINNING OF TREATMENT UNT PRESENT. A/K/A HILARY A HOKE PERTAINING TO: NAME: HILARY A THOMAS ADDRESS: 4902 CARLISLE PK MB 113 MECHANICSBURG DATE OF BIRTH: 12/26/78 SSAN: 205667695 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING THE ARDED. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO.I hereby-certify as custodian of records that, to the best of my knowledge, informati n and belief all documents or things above mentioned have een produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thor has been made and that no record of the following do been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been de Date CUMBERLAND M319601-03 No. 041873 ruuiorizea signature for CARLISLE REG MED CTR *** SIGN AND RETURN THIS PAGE *** search is have 3troyed ^ 1, F} l ?S1 4? C.. cr ? ,v ?? 'L '{? r?r .? ? ? 7 ,c. ? a, ?'?? < 1 ?, , , -Yl ? ? =a < C3 '' HILARY A. THOMAS, AND SCOTT THOMAS, Plaintiffs V. BOBBY J. GARLAND, Defendant V. SCOTT THOMAS. Additional Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-1873 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S MOTION FOR LEAVE TO TAKE THE DEPOSITION OF PLAINTIFF/ ADDITIONAL DEFENDANT, SCOTT THOMAS, A PRISONER Defendant, Bobby J. Garland, by his counsel, Nestico, Druby & Hildabrand, LLP, moves this Court, pursuant to Pa.R.C.P.4007.2(d) for leave to take the deposition of Plaintiff/ Additional Defendant, Scott Thomas, a prisoner, and in support thereof avers the following: This lawsuit arises from a motor vehicle accident, which occurred on December 24, 2002, in Middlesex Township, Cumberland County, Pennsylvania. 2. Plaintiff/Additional Defendant, Scott Thomas, is currently confined at the United States Penitentiary in Lewisburg, Pennsylvania. 3. Plaintiff Scott Thomas has knowledge of facts which are relevant and material to this action. 4. Defendant needs to depose Plaintiff/Additional Defendant, Scott Thomas, in order to assess his claims as a Plaintiff and to defend those claims, as well as to gather evidence regarding his cross claim against Scott Thomas as an additional defendant. 5. All counsel concur in this motion. WHEREFORE, Defendant respectfully moves this Court for leave to take the oral deposition of Plaintiff/Additional Defendant, Scott Thomas, a prisoner. Dated: NESTICO, DYZBX & HILJ?ABRAND, LLP By: Richard B. Drub y 840 East Chocol v Hershey, PA 17033 (717)533-5406 Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that on the 23`d day of June, 2005, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: John King, Esquire Friedman & King 600 North Second Street Harrisburg, PA 17108 Kevin D. Rauch, Esquire 1017 Mumma Rd. Lemoyne, PA 17043 Amanda K. Dove ? i i ? ( cn i PJ -n' `` ? : `', ?`?i c? { ? ? ..: L? HILARY A. THOMAS, AND SCOTT THOMAS, Plaintiffs V, BOBBY J. GARLAND, Defendant V. SCOTT THOMAS. Additional Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-1873 CIVIL ACTION - LAW :JURY TRIAL DEMANDED ORDER AND NOW, this day of , 2005 it is hereby ORDERED that the deposition of Plaintiff/Additional Def ne dant Scott Thomas be taken within 30 days from the date of this Order at the United States Penitentiary in Lewisburg, Pennsylvania, before an officer authorized to administer oaths in accordance with the provisions of Pa.R.C.P.4015 or upon such other terms as the parties may agree. BY THE COURT: . rJ r b 0 ;'I i'a" IAgN:N-I i S ? =2 End ( 1 In SDOZ kvio NoH10l'd 3H1 .d0 goa40_Ollld IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HILARY A. THOMAS and SCOTT THOMAS, Plaintiffs, CIVIL DIVISION NO. 04-1873 V. BOBBY J. GARLAND, Defendant, PRAECIPE TO LIST CASE FOR ARGUMENT (Jury Trial Demanded) V. SCOTT THOMAS, Additional Defendant. Filed on Behalf of the Additional Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road Lemoyne, PA 17043 (717) 901-5916 #13263 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HILARY A. THOMAS and SCOTT THOMAS, Plaintiffs, CIVIL DIVISION NO. 04-1873 v. BOBBY J. GARLAND, Defendant, V. SCOTT THOMAS, Additional Defendant. (Jury Trial Demanded) PRAECIPE TO LIST CASE FOR ARGUMENT TO: THE PROTHONOTARY Kindly enter the enclosed Motion for Summary Judgment on the Argument List for May 17, 2006 on behalf of the Additional Defendant, Scott Thomas. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, MCDONNELL, HUDOCK, GUTHRIE $t SKEEL L.L.P. By: Counsel for Additional Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Praecipe to List Case for Argument has been mailed by U.S. ail to counsel of record via first class 1 mail, postage pre-paid, this day of 2006. John King, Esquire Friedman & King, PC 600 N. Second Street Harrisburg, PA 17108 Richard B. Druby, Esquire Nestico, Druby & Hildabrand, LLP 840 East Chocolate Avenue Hershey, PA 17033 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL RaucFi, Esquire for Additional Defendant 1 _. -;} ??' 1 ./ t?.J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HILARY A. THOMAS and SCOTT THOMAS, Plaintiffs, CIVIL DIVISION NO. 04-1873 v. BOBBY J. GARLAND, Defendant, ADDITIONAL DEFENDANT, SCOTT THOMAS', MOTION FOR SUMMARY JUDGMENT (Jury Trial Demanded) v. SCOTT THOMAS, Additional Defendant. Filed on Behalf of the Additional Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road Lemoyne, PA 17043 (717) 901-5916 #13263 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HILARY A. THOMAS and CIVIL DIVISION SCOTT THOMAS, Plaintiffs, NO. 04-1873 V. BOBBY J. GARLAND, Defendant, V. SCOTT THOMAS, (Jury Trial Demanded) Additional Defendant. MOTION FOR SUMMARY JUDGMENT AND NOW, comes Additional Defendant, Scott Thomas, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. and Kevin D. Rauch, Esquire, and files the within Motion for Summary Judgment and in support thereof avers as follows: 1. BACKGROUNDFACTS 1. This case arises out of a motor vehicle accident which occurred on or about December 24, 2002 on Wolf's Bridge Road in Middlesex Township, Cumberland County, Pennsylvania. At that time, the Additional Defendant, Scott Thomas pulled his car over to the berm of the road to assist a young couple whose motor vehicle had slid off of the snow-covered road and into a ditch. 2. When Scott Thomas exited the driver's side of the vehicle, the Co-Plaintiff, Hilary Thomas, positioned herself behind the driver's-side controls and parked the vehicle in its final resting place. She engaged the vehicle's headlights and four-way flashers. The Defendant, Bobby Garland, rear-ended the Plaintiffs' vehicle while Hilary Thomas was behind the steering wheel and after it had been positioned completely on the berm of the roadway. 3. As a result of the accident, the Plaintiff filed a Complaint sounding in negligence against the Defendant. Defendant Garland then filed a counter-claim against Scott Thomas, alleging that the accident was caused by his negligence in parking his vehicle partially on the roadway when the accident occurred. The counter-claim contains no other allegations of negligence against Mr. Thomas. II. SUMMARY JUDGMENT 4. Additional Defendant incorporates by reference Paragraphs 1 through 3 as though the same were fully set forth at length herein. 5. In Pennsylvania, a Motion for Summary Judgment may be properly granted when the pleadings, depositions, answers to interrogatories, admissions, affidavits and expert reports show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law. Hopewell Estates, Inc., v. Kent, 435 Pa. Super. 471, 646 A.2d 1192 (1994); 42 Pa.R.C.P. 1035.2. 6. The threshold question in determining the need for a trial is whether there is any genuine issue of material fact which can be resolved by a finder of fact. Kenheel v. Commonwealth of Pa. Securities Comm'n., 134 Pa. Commw. 494, 579 A.2d 1358 (1990). 7. Summary Judgment serves to eliminate a waste of judicial time and resources in cases where a trial would be a useless formality. Liles v. Balmer, 389 Pa. Super. 451, 547 A.2d 691 (1989). 8. The trial judge must determine as a matter of law whether the plaintiff has met his burden of proof in establishing that a defendant was negligent and that such negligence was the proximate cause of the injury before submitting a factual determination to the jury. Idette v. Tracey, 407 Pa. 278, 180 A.2d 37 (1962). 9. Although questions of negligence usually should be submitted to a jury, if the facts leave no room for doubt, the Court may properly dispose of the issue itself. Schmover by Schmover v. Mexico Forge, Inc., 437 Pa. Super. 159, 649 A.2d 705 (1994); See Gans v. Mundy, 762 F.2d 338 (3d Cir. 1985) cert. denied, 473 U.S. 1010 (1995). 10. Pennsylvania Rule of Civil Procedure 1035.2 provides a vehicle for disposing of insufficient legal claims with minimum time and expense to the parties. In deciding the applicability of Pa. Rule 1035.2, it is only the supportable facts that are to be taken as admitted, not the asserting party's legal conclusions. When a party's claim against another party consists entirely of conclusive allegations unsupported by factual assertions, such a pleading must be dismissed in summary judgment. 11. The Additional Defendant files this Motion for Summary Judgment and Supporting Brief on the grounds that the Defendant has failed to state a cause of action in his counter-claim against Scott Thomas. ARGUMENT Defendant Bobby Garland cannot maintain a cause of action for general prior to the occurrence of the subject accident. 12. Additional Defendant incorporates by reference Paragraphs 1 through 11 as though the same were fully set forth at length herein. 13. The Defendant joined Scott Thomas as an Additional Defendant in this matter solely on the basis of negligence, alleging that Scott Thomas was responsible for the accident because he parked his vehicle partially on the travel portion of the roadway and in so doing created an unsafe condition for others. 14. Scott Thomas pulled the vehicle off to the side of the road in order to assist a young couple whose car had become stranded. 15. After Scott Thomas exited the vehicle, but before the accident occurred, Hilary Thomas assumed control of the automobile. She pulled it completely onto the berm of the road and engaged the headlights and four-way flashers. 16. As Hilary Thomas remained in the driver's seat of the motor vehicle, the Defendant crested a hill, lost control of his vehicle, and struck the rear-end of the motor vehicle of which Hilary Thomas was in control. 17. The fact that Hilary Thomas was in the driver's seat of the automobile and placed it in its final resting spot when the subject accident happened remains uncontroverted by the Defendant. 18. As such, the record is completely devoid of any evidence to substantiate the Defendant's allegations that Scott Thomas placed the motor vehicle in its final resting spot prior to the occurrence of the subject accident. Therefore, Scott Thomas cannot be negligent for the same. WHEREFORE, Additional Defendant respectfully requests this Honorable Court dismiss the Defendant's counter-claim against Scott Thomas in its entirety, with prejudice. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHUY By: in . Rauch, Esquire e Counsel for Additional Defendant, Scott Thomas CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADDITIONAL DEFENDANT'S MOTION FOR SUMMARY JUDGMENT has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this J day of 2006. John King, Esquire Friedman & King, PC 600 N. Second Street Harrisburg, PA 17108 Richard B. Druby, Esquire Nestico, Druby & Hildabrand, LLP 840 East Chocolate Avenue Hershey, PA 17033 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL evinD. Rauch, Esquire ounsel for Additional Defendant, Scott Thomas ? l? ?l ( ? •"{ _ ... i ; j ~- tom: t 1 Richard B. Druby, Esquire PA Supreme Court I.D. 61904 NESTICO, DRUBY & HILDABRAND, LLP 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 rdruby@hersheypalaw.com HILARY A. THOMAS, AND SCOTT THOMAS, Plaintiffs V. BOBBY J. GARLAND, Defendant V. SCOTT THOMAS. Additional Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-1873 : CIVIL ACTION - LAW :JURY TRIAL DEMANDED NOTICE TO PLEAD To: Additional Defendant Scott Thomas c/o Kevin D. Rauch, Esquire 1017 Mumma Road Lemoyne, PA 17043 Plaintiffs Hilary and Scott Thomas c/o John King, Esquire Friedman & King, PC 600 N. Second Street Harrisburg, PA 17108 You are hereby notified to plead to the enclosed Answer with New Matter to Motion for Summary Judgment within twenty (20) days from service hereof or a default of judgment may be entered against you. NESTICO, DIY/& HILDABRAND, LLP Dated: May 12, 2006 By: XcharrB. Druby, Esq ' e Attorney I.D. No. 61 4 840 East Chocolate A e Hershey, Pennsylvania 17033 (717) 533-5406 Attorney for Defendant Garland I Richard B. Druby, Esquire PA Supreme Court I.D. 61904 NESTICO, DRUBY & HILDABRAND, LLP 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 rdrub u,hersheypalaw.com HILARY A. THOMAS, AND SCOTT THOMAS, Plaintiffs V. BOBBY J. GARLAND, Defendant V. SCOTT THOMAS. Additional Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 04-1873 : CIVIL ACTION - LAW :.JURY TRIAL DEMANDED DEFENDANT BOBBY J. GARLAND'S ANSWER WITH NEW MATTER TO MOTION FOR SUMMARY JUDGMENT 1. Denied as stated. As for the facts which arise to the motor vehicle accident, the pleadings are of record in this matter and speak for themselves. As for Additional Defendant Scott Thomas's actions, they are controverted as to whether he pulled his vehicle over to the berm of the road. In fact, at page 14 of his deposition transcript, which is attached hereto as Exhibit A, Additional Defendant Thomas stated that there was snow piled up on both sides of the road and he had stopped his vehicle and instructed his wife to "pull over to the side of the road." Consequently, a factual question remains for the jury as to where Mr. Thomas placed the vehicle prior to exiting the vehicle. 2. Denied as stated. It is Additional Defendant Thomas's testimony that he exited the vehicle and it is Mrs. Thomas's testimony that she positioned herself in the driver's seat. While Mrs. Thomas indicated she engaged her vehicle headlights and four-way flashers, that issue is disputed by the testimony. See p. 13 of Defendant Garland's testimony attached hereto as Exhibit B. It is admitted that Mrs. Thomas's testimony is that she moved the vehicle. However, at page 19 of her deposition testimony, attached hereto as Exhibit C, she was unsure of the distance that she moved the vehicle and she was unsure whether the vehicle was still on the roadway after she moved it. She was also unsure as to how long she had been in the driver's seat before the accident occurred. In fact, Bobby Garland's testimony at page 13 of his transcript indicates that he recalled the vehicle "sitting halfway off the road and halfway on the road." He also indicated at that same page of his deposition transcript that he did not see any four-way flashers on the Plaintiffs' and Additional Defendant's vehicle. Consequently, the remaining allegations of Paragraph 2 are denied. No response is required as the pleadings in this matter speak for themselves. 4. Defendant Garland incorporates his response contained in Paragraphs 1 through 3 above as if fully set forth herein. 5. Conclusion of law, to which no response is required. To the extent a response is required, Additional Defendant has presented no evidence as a matter of record. He has not 2 attached to his Motion any deposition transcripts or any other means upon which Summary Judgment may be granted. Therefore, Additional Defendant has no support for his Motion. 6. Conclusion of law, to which no response is required. In further answer, the deposition testimony of the parties indicates that there is a genuine issue of material fact. 7. Conclusion of law, to which no response is required. In further answer, trial of this matter would not be a "useless formality." 8. Conclusion of law, to which no response is required. 9. Conclusion of law, to which no response is required. 10. Denied as stated as Pennsylvania Rule of Civil Procedure 1035.2 speaks for itself. In further answer, Additional Defendant, as part of his Motion, presented no evidence of record in support of his Motion for Summary Judgment as there are no deposition transcripts attached to the Motion, which is the only document of record. Accordingly, there are no facts of record supporting Additional Defendant's Motion for Summary Judgment. 11. Conclusion of law, to which no response is required. To the extent a response is required, the allegations are specifically denied. 12. Defendant incorporates his responses to Paragraphs l -l l above as if fully set forth herein. 13. No response is required as Defendant's Joinder Complaint speaks for itself. 14. Denied. The allegations of Paragraph 14 are not supported by Defendant's Motion because he has failed to attach any supporting facts by way of deposition, interrogatory answer or affidavit. On the contrary, Additional Defendant Thomas has provided no evidence in 3 support of his Motion for Summary Judgment. In further answer, the allegations of Paragraph 14 are controverted as Mr. Thomas admitted in his deposition transcript at page 14 that he had pulled to the snow bank and that lie later instructed his wife to "pull over to the side of the road." See Exhibit A. As for Mr. Thomas's intentions in stopping on the roadway, after reasonable investigation, Defendant Garland is without knowledge or information sufficient to form a belief as to the truth of that averment and it is therefore denied. 15. Denied. The allegations of Paragraph 15 are not supported by Defendant's Motion because he has failed to attach any supporting facts by way of deposition, interrogatory answer or affidavit. On the contrary, Additional Defendant Thomas has provided no evidence in support of his Motion for Summary Judgment. In further answer, the question of whether Hilary Thomas assumed control of the automobile is a question of fact for the jury. Furthermore, according to her own testimony, she could not recall how far she moved the vehicle or whether she herself had moved the vehicle off the roadway. See Exhibit C, p.19-20. It is further controverted as to whether her vehicle was on the roadway and whether she engaged her headlights and four-way flashers as that fact is disputed by Defendant Garland in his testimony. See Exhibit B, p.13. 16. Conclusion of law, to which no response is required. To the extent a response is required, Additional Defendant Thomas has presented no evidence in support of this allegation. In further answer, even assuming Additional Defendant's allegations are true, a factual question remains as to whether Additional Defendant still remains liable and whether his actions were a proximate cause of this accident by placing Plaintiff in a position of danger by his stopping his 4 vehicle in the place that he did. Plaintiff, by her own testimony, does not know how much time elapsed between when Additional Defendant exited the vehicle and when the accident occurred. Accordingly, Additional Defendant's actions in stopping; the vehicle where he did and not permitting Plaintiff sufficient time to remove herself from that position may be a proximate cause of Plaintiffs alleged injuries. Defendant Garland encompassed this theory in Paragraph 31(d) of Defendant's Joinder Complaint by alleging that Additional Defendant "failed to move his vehicle to a safe location off the roadway prior to exiting and leaving his vehicle" and (i) "failed to use due care under the circumstances." At the time of his actions, it was snowing, the roadway was covered with snow and it was dark. By his own admission, Additional Defendant indicated that he was not off the roadway because he exited his vehicle and instructed his wife to pull to the side of the road. See Exhibit A, p.14. Accordingly, it is a jury question as to whether his actions were a proximate cause of her injuries under the circumstances then and there existing. Further, because Additional Defendant has, at best, has supported the motion with oral testimony only, there is a genuine issue of material fact because the cause of action is dependent upon the credibility and demeanor of the witnesses who will testify at trial. See Nant, -Gy to v. American Surety Co., 163 A.523 (Pa. 1932); Penn Center House, Inc. v. Hoffman, 553 A.2d 900 (Pa. 1989). 17. Conclusion of law, to which no response is required. To the extent a response is required, even if the allegations of Paragraph 17 are true, Additional Defendant's actions in placing his vehicle where he did and putting Plaintiff in a position of peril may still be a proximate cause of Plaintiffs injuries. Certainly, his actions of stopping on the roadway are a violation of the Motor Vehicle Code, 75 Pa.C.S.A. §3351(a) that states that: Outside a business or residential district, no person shall stop, park or stand any vehicle, whether attended or unattended, upon the roadway when it is practical to stop, park or stand the vehicle off the roadway. Consequently, if the jury believes that Mr. Thomas left his vehicle on the roadway when it was not necessary to do so, his actions in violating the statute would be negligence per se. The jury would then need to determine whether that violation was a proximate cause of Plaintiffs injuries. 18. Conclusion of law, to which no response is required. Again, Additional Defendant has not attached to his Motion any evidence to support his position that he is entitled to Summary Judgment. Furthermore, a genuine issue exists as to whether Additional Defendant's placing his vehicle where he did prior to instructing Plaintiff to occupy the driver's seat was negligence, negligence per se as a violation of the Motor Vehicle Code and a proximate cause of Plaintiffs injuries given the fact that neither Plaintiff nor Additional Defendant can state how much time transpired between the time Additional Defendant left his vehicle on the roadway and the accident occurred. Further, because Additional Defendant has, at best, has supported the motion with oral testimony only, there is a genuine issue of material fact because the cause of action is dependent upon the credibility and demeanor of the witnesses who will testify at trial. See Nanty-Glo v. American Surety Co., 163 A.523 (Pa. 1932); Penn Center House, Inc. v. Hoffman, 553 A.2d 900 (Pa. 1989). Accordingly, Additional Defendant's Motion for Summary Judgment must be denied. 6 WHEREFORE, Defendant respectfully requests that Additional Defendant's Motion for Summary Judgment be denied. NEW MATTER 19. Defendant incorporates his responses above as if fully set forth herein. 20. It is well established that Summary Judgment can only be sustained if "the pleadings, depositions, answer to interrogatories and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact that the moving party is entitled to judgment as a matter of law." Pa.R.C.P. 1035(b) Toth v. Philadelphia, 247 A.2d 629 (Pa. Super. 1968). 21. Further, "the record must be examined in the light most favorable to the non- moving party." Id. citing Schacter v. Albert, 239 A.2d 841 (Pa.Super. 1968). 22. Moreover, the Court must accept as true all well pleaded facts in the pleadings, giving the non-moving party the benefit of all reasonable inferences to be drawn therefrom. Id. 23. Finally, Summary Judgment should only be granted when the case is clear and free from doubt. Id. citing Mal lesky v. Stevens, 235 A.2d 154 (Pa.] 967). 24. Furthermore, a memorandum of law or brief filed by counsel is not a document to be considered by the trial court in deciding a Motion for Summary Judgment. See Joyce v. Mankham, 465 A.2d 696 (Pa.Super.1983). 7 I 25. Accordingly, any evidence attached to Additional Defendant's Brief cannot be considered by this Court as it is not a matter of record. 26. Furthermore, the burden of proving the absence of any genuine issue of material fact is on the Additional Defendant and all doubts in reference thereto must be resolved against Additional Defendant. Schacter, supra. 27. Additional Defendant has failed to meet that burden. 28. Further, because Additional Defendant has, at best, has supported the motion with oral testimony only, there is a genuine issue of material fact because the cause of action is dependent upon the credibility and demeanor of the witnesses who will testify at trial. See Nanty-Glo v. American Surety 163 A.523 (Pa. 1932); Penn Center House, Inc. v. Hoffman, 553 A.2d 900 (Pa. 1989). 29. Additionally, a factual question remains as to whether Additional Defendant parked his vehicle on the roadway in violation of the Motor Vehicle Code. 30. A further factual questions remains as to whether Additional Defendant's parking his vehicle where he did placed Plaintiff in a position of danger from which she could not extricate herself. 31. A factual question remains as to how long Plaintiff was in the driver's seat of the vehicle from the time Additional Defendant parked his vehicle until the accident occurred. 32. A factual question also remains as to whether Additional Defendant's actions in parking his vehicle where he did was negligent, whether that act was a proximate cause of Plaintiff's alleged injuries and whether Plaintiff's actions after Additional Defendant left his 8 A[ 1 vehicle in the roadway constitute intervening and superceding acts which may relieve Additional Defendant of liability. 33. Accordingly, Additional Defendant has failed to meet his burden of proof that there are no genuine issues of material fact. 34. Therefore, Additional Defendant's Motion for Summary Judgment must be denied. WHEREFORE, Defendant respectfully requests that Additional Defendant's Motion for Summary Judgment be denied. Respectfully submitted, Dated: 2 0 (o NESTICO, DRVQX & HILDABRAND, LLP By: ichard B. Druby, Es ire Attorney 1. D. No. 61 840 East Chocolate Avenue Hershey, Pennsylvania 17033 (717) 533-5406 (717) 533-5717 Attorney for Bobby J. Garland 9 QY I„ 6,? I?- i r s In The Matter Of: Hilary A. Thomas & Scott Thomas v. Bobby J. Garland, et at Scott Thomas August 15, 2005 Filius & McLucas Reporting Service, Inc. 1427 East Market Street, York, PA 4309 Linglestown Road, Harrisburg, PA (717) 845-6418 or (717) 2360623 Original File ST081505.ASC, 34 Pages Min-U-Script® File ID: 3962002112 Word Index included with this Min-U-ScripU Scott Thomas August 15, 2005 Hilary A. Thomas & Scott Thomas v. Bobby J. Garland, et A Page 12 I11 Q: What were the road conditions like? M A: They were snow covered, those back roads. (81 Q: Were you able to see the fog lines or if there 141 were center lines were you able to see any of (61 those? Isl A: Hm-um. m Q: I'm sorry, you have to answer yes or no. [81 A: No. te1 Q: Do you remember the roadway where this accident l10) happened? 1111 A: Yes. i121 Q: What's the name of it? (131 A: Wolfes Bridge Road. (14) Q: Is Wolfes Bridge one lane in each direction? [1st A: Yes. 11et Q: In the area where the accident occurred, is it a p71 straightaway, is it curved, how would you describe pal that? 1181 A: Straightaway. 1201 Q: Were there any hills? 121) A: Yes. 1221 Q: In the area where the accident happened? Crag A: Um-hum. R41 Q: How far from where the accident occurred? I261 A: Couple hundred yards, bends down. Page 13 111 Q: The hill would be before the scene where the (21 accident occurred? 131 A: Um-hum, yes. 141 Q: Describe for me as you're coming down Wolfes tsl Bridge Road towards the area where the accident tel happened what, if anything, you remember seeing m with regard to the roadway or any vehicles on it. (et A: We were coming around the road andthere was a car (91 off the road in the ditch, a young guy and a young 1101 girl. (111 Q: Do you know their names? 1121 A: No, I do not. (131 Q: How far off the roadway when you say they were in (141 the ditch, how far off the roadway were they? (1s1 A: I would probably say like 20 feet. [1e] Q: Do you recall if you had your windshield wipers on p71 that evening? 118) A: Yes. (181 Q: That was a poorly worded question. Were they on? w A: Yes. 1211 Q: So, when you saw the vehicle off the roadway what 1221 did you do? 1231 A: We stopped, pulled off the road. I got out, told 1241 my wife to get in the front seat to the driver's (2sl seat. Page 14 [11 Q: Now, you said you pulled off the road. How do you 121 know that you were completely off the roadway? (3l A: I was over to the bank. 141 Q: When you say over to the bank, what do you mean? 1st A: Where it was plowed. I was all of the way over to <sl the edge of the road to the bank before the ditch. m Q: I'm sorry, I didn't hear the last part. (ei A: Before the ditch. 181 Q: Had it snowed days before this? [101 A: I don't recall. I just know it snowed that night. [111 Q: When you said it was plowed, was there- (121 A: It was dust covered. It was snow covered still pat because it was snowing, it was snowing that long. (ul Q: So, was there snow piled on one side of the road? [+sl A: No, it was on both sides of the road, but we were pet off. I specifically recall that because I made I1t1 sure I. said Hilarull over, all of the wa (1st over, because I knew someone wou come barrels M"w 1191 around that corner an a s a t sto em. now f20t Q- UFd you tell her top 1 over? 1211 A: Um-hum. I22t Q: So when you- t231 A: Because I stopped. Originally I stopped, saw the (241 guy. I got out, said, Hilary, act in the driver's t2s1 seat and bull over to the side of the road. Page Is 111 Q: So you didn't pull off to the side? m A: No, she pulled off to the side of the road. I was Cal over helping the kids trying to get them out of (41 the car, trying to get them out of the ditch. (sl Q: So, you stopped your car, told your wife to get in 1s) the driver's seat and pull all of the way off? m A: Yes. [al Q: And then you got out to help the guy and the girl Pi with the vehicle off the road? ,01 A: Correct. 111 Q: When you got out was your vehicle still on the 12) roadway then? 131 A: When I trot out, yes. 141 Q: When you got out of the vehicle and went over to 1 sl the guy and the girl with the other vehicle, did 1s] you see your wife move the car? 171 A: Yes. 1al Q: And where did she move it to? 191 A: All of the way off the road to the side, probably 201 about 10 feet away from the other car. 211 Q: When you say 10 feet away- m A: Behind it. 231 Q: She pulled her car behind the other vehicle? 241 A: No. I was parked on the side of the road and his 2s1 car was down in that ditch. (Indicating) Page 12 - Page 15 (6) Min-U-Scripts Filius & McLucas Reporting Service, Inc. 0 1 , t .. . In The Matter Of: Hilary A. Thomas & Scott Thomas v. Bobby J. Garland, et at Bobby J. Garland May 17, 2005 Filius & McLucas Reporting Service, Inc. 1427 East Market Street, York, PA 4309 Linglestown Road, Harrisburg, PA (717) 845-6418 or (717) 236-0623 Original File BG051705.ASC, 26 Pages Min-U-SOV® File ID: 2529 61 1 403 Word Index included with this Min-U-Scripts ^Pb% J. Garland May 17, 2005 Hilary A. Thomas & Scott Thomas v. Bobby J. Garland, et al. Page 12 V1 A: No. IA 0: When you came up over the crest and first noticed 131 the vehicle with the brake lights, did you notice 141 another vehicle there as well? 1s1 A: Not really offhand. I didn't know the purpose why (e1 it was sitting there. M 0: Can you recall or would you agree that Wolfes te1 Bridge Road at that point is one lane in each R direction? 1101 A: Yeah, you got a lane going up and you got a lane all coming down. 1121 0: To your recollection, sir, where on that road was t+31 the vehicle sitting that your truck ended up tut impacting with? 1s) A: Up over the hill and down around the little small tia1 turn I was sitting right there. 1171 0: All right.And could you tell whether the vehicle (ie1 had pulled off the road or what's your l+ol recollection of where it was sitting in IM relationship with the road? 12i1 A: I was sitting- pul MR. DRUBY: Let him finish the question and 1231 then you can answer. 1241 BY MR. KING: t2s1 0: As I was saving, in relation to the road itself, Page 13 [i1 what's your recollection of where that vehicle was M sib? 131 A: Well, it was sitting halfway off the road and half 141 on therm (s1 0: And do I understand correctly, sir, that you do 1s1 not recollect seeing any four-way flashers? M A: No, I didn't see no four-way flashers. 1e1 0: Now, after the impact did you have an opportunity m to then notice any other vehicles other than the 1,0) one that you had struck? pi1 A: No. (121 0: What occurred, sir, after the impact? [131 A: After the impact I went around the vehicle. It 1+41 was a tap job, I'll settle it at Sheetz. vs1 0: Okay. (181 A: Because it was really bad out that night and I t171 didn't want to pull over, plus the guy was going tia1 off yelling so I figured I'll just settle it at t+a1 Sheetz. t2ol 0: All right. So, you said that there was a guy that (211 was going off.Tell me what you saw then when you (221 had struck the car, just tell me a little bit more 1231 about that if you would. t [241 A: Well, I struck the vehicle. I kind of tapped it. Iasi It moved. I went on around it and I seen some guy Page 14 ill over there screaming and yelling. Something hit 121 my truck. I wasn't for sure what hit my truck. I 131 thought it was a snowball, but he throwed his cell 141 phone at my truck. So, I figured, well, I ain't [s1 stopping because this guy is going off, I said it tai was only a little tap job, I'll settle it down the m road. tel 0: So, if I understand correctly, after you struck [91 the vehicle did you have to put your car in too) reverse first? 11 i1 A: No, because the vehicle moved. 1121 0: So, you struck the vehicle and it moved forward? 1+31 MR. DRUBY: Object to the form, but you can tul answer it. 1161 A: Yeah, maybe before I got there.And then I just pe1 like I said tapped it lightly and it moved t17i slightly so I just had to go around it. 1181 BY MR. KING: 1191 0: And when you hit the vehicle, did you begin to go (2o1 around at that point? tzl1 A: Well, after I come to the stop I went around it at 1221 that point. [231 0: Had you made a decision at that point to drive on 1241 down to the Sheetz? [2sl A: Yes, because it wasn't a big thing. Page 15 n1 0: All right. Did you speak to anyone while you were 121 at the accident scene? 131 A: No. (41 0: Now, after you pulled around the vehicle and left (s1 the scene of the accident, do you recall what (el speed you were traveling to get down to the m Sheetz? (e1 A: At least maybe 30. te1 0: Do you know approximately how far the Sheetz is i01 from the accident scene? ill A: Yes, I do. It's a mile. i21 0: And could you tell me what happened then as you i3l approached the Sheetz? 141 A: Well, I approached the Sheetz, the roads was real is1 bad. I tried to turn my truck in. I bounced up isl over the curb. I bent my driver's wheel. So, I 171 had to pull in and get it parked. I thought I isl messed up the front end, but I'm lucky I just bent 1e1 the wheel. 201 0: So, the axle was okay? 211 A: Yeah, I got out, walked to her vehicle to talk to 221 her and she didn't acknowledge to me or nothing. 231 So, I walked in backed of her vehicle to see the 241 damage. About as big as my finger tip there was a 2s1 dent in the back bumper. Page 12 - Page 15 (6) Min-U-Scripts Filius & McLucas Reporting Service, Inc. I I . . e_ t . • In The Master Of: Hilary A. Thomas & Scott Thomas v. Bobby J. Garland, et al. Hilary A. Thomas May 17, 2005 Filius & McLucas Reporting Service, Inc. 1427 East Market Street, York, PA 4309 Linglestown Road, Harrisburg, PA (717) 845-6418 or (717) 236-0623 Original File HT051705.ASC, 46Pages Min-U-SaYpt® File ID: 0353573599 Word Index included with this Min-U-Scripts ,HJl?iry,A. Thomas Hilary A. Thomas do Scott Thomas v. May 17, 2005 Bobby J. Garland, et al. Page 19 01 A: Yes. 121 0: Did you get out of the car to get into the pl driver's seat? fat A: No. 1sl 0: Or did you slide over? (81 A: I slid over. M 0: And then you moved the car? te1 A: Yes. I51 0: About how far did you end up moving the car in 1101 terms of - I don't mean from off the roadway, I (111 mean distance wise down the roadway? 1121 A: I'm not sure. 1131 0: But you moved it beyond the car that was spun out? 1ul A: Yes. 1151 0: When you stopped the vehicle and you moved it 11s1 forward, was any part of your vehicle still on the 1+n roadway? 11e1 A: I on't believe it was. 1191 Ar?vou sure about it th2", 1201 MR. KING: If you're not sure and you're just 1211 stating your belief, you can state that then that 1221 you're stating your belief, but you don't have an 1231 absolute recollection if that's the case. (241 A• I'm not sure. WWNUENEENMN? 1251 BY MR. DRUBY: Page 20 (1) 0: You said you had your four-ways on. Is that 121 right? [s1 A: Yes. l41 0: And you had your foot on and off the brake. When (s1 you have your foot on the brake do your four-ways Iel still work? M A: Yes. (81 0: How long do you think that you were sitting in the M driver's seat once you moved the car forward and n?iwr?Nwwrnr?+r? 1101 stopped it, how long do ou think Lou were sitting (111 therea ore u w Mr r n' v hicle? 1121 A: I'm not sure. 1131 0: nd I don't want you to guess, but I'm going to tut see if we can at least estimate the time. Was it 11s1 more or less than a minute? 11el A: No, I don't believe so. 1171 0: You don't believe it was more than a minute? 11xl A: No, I'm sorry. 1191 0: That was another bad question. Was it more than a 1201 minute? 1211 A: I believe so. 1221 0: Was it more than five minutes? [231 A: No, I don't believe so. 1241 0: In the time that you were sitting there, did any [2sl other vehicles traveling in the same direction you Page 21 l11 were traveling in go by you? 12] A: No. 131 0: Did any come in the opposite direction- 141 A: Yes. 1sl MR. KING: Just one other thing.This poor Eel woman has a hard job here and it's very common for m people to anticipate questions and answer them 181 quite before they're done. That's very hard for -11j her to type down when people are, you know, he's 1101 just finishing up a question and you're answering, 1111 so make sure that Mr. Druby has completed his 1121 question before you answer. 1131 A: Okay. Jul MR. DRUBY: Thanks. 1151 BY MR. DRUBY: 11s1 0: You said at some point you saw Mr. Garland coming 1111 down the hill.When you first saw him, how did llel you see him? Was he in your rear-view mirror that 1191 you saw him? r4 A: Yes. 1211 0: Can you estimate for me how far behind you he was 1221 when you first saw him? 1231 A: I'm not sure. 1241 0: Now, you had said to me that the road is a slight psl downhill where the accident happened. Do you have Page 22 I11 any idea how far you were from the top of the hill I21 where you actually ended up parking? •I31 A: How far away I was? [41 0: Yes, from the top of the hill. is) A: I would say easily 200 feet. (el 0: And you said it didn't appear that he was slowing m down. Why did you have that impression? I mean [el did he appear that he was bearing down on you or lal how long - strike that, that's a terrible X101 question. How long did you observe him in your [111 rear-view mirror? [121 A: I would say - I'm not sure. I don't know. 1131 0: Is there any way for you to estimate his speed? 1141 A: I believe he was going the speed limit on that 11s) road. (1s) 0: But you don't know what the speed limit was? [171 A: I'm not a hundred percent sure of what it was, no. 1191 0: You then said that your husband had yelled to put 119] it into drive. What gear was your vehicle in 1201 before your husband yelled to you? 1211 A: Park. [221 0: And you said you thought you put it in drive but 1231 you believe that you didn't. Why is that? lza] A: Because I went to push - I pushed on the gas and 12s] the car didn't go anywhere. Page 19 - Page 22 (8) Min-U-Scripte Filius & McLucas Reporting Service, Inc. CERTIFICATE OF SERVICE 1, Richard B. Druby, Esquire, of the law firm of Nestico hereby certify that on the 12th day of May 2 'Druby & Hildabrand, LLP, y , 006, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: John King, Esquire Friedman & King, PC 600 N. Second Street Harrisburg, PA 17108 Kevin D. Rauch, Esquire 1017 Mumma Road Lemoyne, PA MA-2 {?'? c?? - c;=? _ -?iT? ' ' r N , ?.. ? , : a ? 7 _ ... ! _ _ ?'? ._l z .. C. _! ? ? _' .... ?? ?y y ??i" `J ^?J, f ?? HILARY A. THOMAS, AND IN THE COURT OF COMMON PLEAS OF SCOTT THOMAS, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS V. BOBBY J. GARLAND, NO. 04-1673 CIVIL DEFENDANT CIVIL ACTION - LAW V. SCOTTTHOMAS ADDITIONAL DEFENDANT JURY TRIAL DEMAN ORDER OF COURT AND NOW, this 31ST day of May, 2006, upon considen Defendant's Motion for Summary Judgment, the briefs filed by Argument, the Additional Defendant's Motion for Summary Juc By the Court, John King, Esquire Attorney for Plaintiffs Richard B. Druby, Esquire Attorney for Defendant Garland L, Kevin D. Rauch, Esquire Attorney for Additional Defendant Thomas of the Additional parties and after is DENIED. J. bl-OG fiR1'l 1nc;i" 1j' IZ,4 ss - old i - im 4001 Ati7i t r 'd 3Hi 30 KU: ' -CI: IIJ 17 l FRIEDMAN and KING, P.C. John F. King, Esquire ID#: 61919 600 N. Second Street Penthouse Suite P.O. Box 984 Harrisburg, PA 17108 (717) 236-8000 HILARY A. THOMAS and SCOTT THOMAS, Plaintiffs, V. BOBBY J. GARLAND, Defendant V. SCOTT THOMAS, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA No. 04-1873 CIVIL ACTION - LAW Additional Defendant PETITION FOR LEAVE TO WITHDRAW AS PLAINTIFF'S COUNSEL AND NOW comes the Petitioner, Friedman and King, P.C., by John F. King, Esquire, seeking leave of this Honorable Court to withdraw as counsel for Plaintiffs, Hilary A. Thomas and Scott. Thomas, pursuant to the Rules of Professional Conduct Rule 1. 16, and avers as follows: 1. Petitioner is counsel of record for Plaintiffs herein by virtue of having filed a Complaint on April 27, 2004. 2. Petitioner and Plaintiffs entered into a contingent fee agreement on or about April 14, 2003. 3. Pursuant to said contingent fee agreement, Plaintiffs were to assist in the preparation of their case and follow the advice of counsel. 46 4. Throughout the course of the case, there has been difficulty in communicating with Plaintiffs and Petitioner has had difficulty obtaining Plaintiffs' responses to correspondence and telephone calls. Some examples are as follows: A. On August 26, 2004, Petitioner sent draft responses to discovery to Plaintiffs for their review and verification; follow up telephone calls were made to Plaintiffs on September 2, 2004, September 28, 2004, October 15, 2004, all of which went unanswered; a letter was sent on October 21, 2004. Plaintiff Hilary Thomas finally responded to that letter on October 279 2004, by telephone advising she had moved and had a new phone number. By that time, two months had elapsed. B. On or about October 27, 2004, Petitioner requested copies of Plaintiffs' tax returns; a reminder letter was sent to Plaintiffs on December 3, 2004; another letter was sent on January 5, 2005. Eventually, Plaintiffs furnished a copy of the tax returns, more than two months after the first request. C. On April 14, 2005, Petitioner wrote to Plaintiff Hilary Thomas advising that depositions had been scheduled. A voice message was also left on her telephone that day. Another message was left on May 6, 2005, and a letter was sent again. Shortly thereafter, Plaintiff finally responded, and the depositions were able to be held. D. On October 6, 2005, Defendant's counsel made an offer to settle the case. Petitioner wrote to Plaintiffs on October 12, 2005, advising of the offer. Plaintiffs did not respond. On December 13, 2005, three months after the Petitioner corresponded with Plalintiffs, Petitioner reached Plaintiff Hilary Thomas, by phone, and was able to discuss the offer. A counteroffer was made to Defendant. 5. Unfortunately, from December 2005 until approximately June 2006, the file was inactive, mainly due to the fact that Defendant's insurance carrier, Shelby Insurance, was going through a possible dissolution proceeding. It was not until June 2006 that it was determined that there was still insurance coverage for the Defendant. 6. During that six month of inactivity, Petitioner again left voice messages for Plaintiffs to make an appointment to come in to discuss the direction of their case. Finally, an appointment was scheduled for the Plaintiffs to come into Petitioner's office for April 12, 2006, but, at Plaintiffs request, the appointment was rescheduled for April 18, 2006, and then April 19, 2006. Plaintiffs did not attend their appointment on April 19, 2006, nor did they call to reschedule the appointment. 7„ In September, Petitioner's paralegal happened to see Plaintiff Hilary Thomas at a department store and asked Plaintiff to contact Petitioner for an appointment. 8. An appointment was scheduled for October 19, 2006. Plaintiff cancelled that appointment. 9. Plaintiff rescheduled the appointment and did appear in Petitioner's office on October 27, 2006. The case was discussed in detail and Plaintiff Hilary Thomas was to contact Petitioner the following week with decisions regarding the offer and continued representation. 10. There has been no contact from Plaintiffs since October 27, 2006. 11. Petitioner's difficulty in communication with Plaintiffs has made it impossible for Petitioner to continue representation of the Plaintiffs. 12. In addition, it is believed, and therefore averred, that Plaintiffs' expectation of recovery are totally unrealistic and it would be a financial hardship for Petitioner to continue representation of the Plaintiffs. 13. Due to the uncooperativeness of the Plaintiffs and the financial hardship for Petitioner to continue representation, Petitioner believes, and therefore avers, that he should be allowed to withdraw as counsel for Plaintiffs. WHEREFORE, Petitioner seeks leave of this Honorable Court to terminate Petitioner's representation of the Plaintiffs and to withdraw his appearance as counsel in the above-captioned matter. ,z Dated: December/ 2006 TO: Hilary Thomas and Scott Thomas 4902 Carlisle Pike PMB 113 Mechanicsburg, PA 17055 Respectfully submitted, FRIEDMAN and KING, P.C. By: iplin F. King, Esquire ID# 61919 600 N. Second Street Penthouse Suite Harrisburg, PA 17101 (717) 236-8000 Richard B. Druby, Esquire Nestico, Druby & Hildabrand 840 East Chocolate Avenue Hershey, PA 17033 Attorney for Defendant Kevin D. Rauch, Esquire Summers, McDonnel, Hudock 1017 Mumma Road Lemoyne, PA 17043 Attorney for Additional Defendant CERTIFICATE OF SERVICE I hereby certify that I am this day of December, 2006, serving the foregoing petition to withdraw upon the person an in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by First Class Mail addressed as follows: Hilary Thomas Scott Thomas 4902 Carlisle Pike PMB 113 Mechanicsburg, PA 17055 Richard B. Druby, Esquire Nestico, Druby & Hildabrand 840 East Chocolate Avenue Hershey, PA 17033 Attorney for Defendant Kevin D. Rauch, Esquire Summers, McDonnell, Hudock 1017 Mumma Road Lemoyne, PA 17043 Attorney for Additional Defendant Sharry Lauffer i HILARY A. THOMAS and IN THE COURT OF COMMON PLEAS OF SCOTT THOMAS, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. : NO. 04-1873 CIVIL BOBBY J. GARLAND DEFENDANT V. SCOTT THOMAS, ADDITIONAL DEFENDANT CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 26th day of December, 2006, upon consideration of the Petition for Leave to Withdraw as Counsel filed by the Petitioner, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Plaintiffs to show cause why the Petitioner should not be granted permission to withdraw as counsel of record; 2. The Plaintiffs will file an answer on or before January 11, 2007; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Plaintiffs file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. 4. Notice of entry of this order shall be provided to all parties by the Petitioner) 5. All proceedings are stayed until further order of Court. _ By the Court, M. L. Ebert, Jr., J. O -ii n John F. King, Esquire Petitioner Hilary Thomas and Scott Thomas, Plaintiff Richard B. Druby, Esquire Attorney for Defendant Kevin D. Rauch, Esquire Attorney for Additional Defendant bas HILARY A. THOMAS and : IN THE COURT OF COMMON PLEAS SCOTT THOMAS, : CUMBERLAND COUNTY, Plaintiffs, : PENNSYLVANIA V. No. 04-1873 BOBBY J. GARLAND, Defendant : CIVIL ACTION - LAW V. SCOTT THOMAS, Additional Defendant CERTIFICATE OF SERVICE I hereby certify that I am this 29`h day December, 2006, serving the foregoing rule to show cause upon the person and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by First Class Mail addressed as follows: Hilary and Scott Thomas 4902 Carlisle Pike PMB 113 Mechanicsburg, PA 17055 Richard B. Druby, Esquire Nestico, Druby & Hildabrand, LLP 840 E. Chocolate Ave. Hershey, PA 17033 Kevin D. Rauch, Esquire Summers, MCDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Lemoyne, PA 17043 cw-4?3-Kav' John F. Png, Esquire 0 t,... ? ? ?? ? ?? -? ?: r Wednesday January 10, 2007 Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Thomas V. Garland No. 04-1873 -? r ?°S{?cx19? Dear Sir/Madam: I received a copy of a Petition for Leave to Withdraw as Counsel from Friedman & King, P.C. my attorneys representing me in the above mentioned case. I am asking that they may not be able to withdraw as Counsel. On or about October 27, 2006 I had a meeting with Mr. King in his office. We discussed where the case stood at that point in time. Mr. King gave me his opinion on what 1 should do. This was that we negotiate strongly with the defendant's attorneys to resolve this matter. I was in agreement with this suggestion. He further advised me that if we went to trial things may or may not work out in my best interest. I again agreed that I thought we should negotiate with the defendant's attorneys. He informed me that we would precede renegotiation and if that resolution of the matter wasn't settled we would then discuss the trial option. I proceeded to state that in the mean time I would discuss with my spouse the pros and cons of going to trial as Mr. King informed me of. When I left Mr. King's office I had thought that we were in agreement that we were going to start renegotiating with the defendant's attorneys. Therefore I feel the attached Petition to Withdraw as Counsel's reasoning is substantiated. I would like to state that from the very beginning Mr. King was not the attorney that I originally discussed my case with. I originally talked to Mr. Friedman. I feel that there has been a lack of communication from both parties as this case has been handled by numerous paralegals that have been employed and resigned from this firm. There has been many times where things were supposedly sent to me that I didn't receive as well as phone calls that I have made in the past that weren't returned by either attorney. In closing I would like to again ask that Counsel may not be able to withdraw from the above mentioned case. This case has been ongoing for three years and I would like this matter to be resolved as quickly as possible. Thank you very much for your assistance in this regard. Sincerely, Hilary A. Th mas r A FRIEDMAN and KING, P.C. John F. King, Esquire ID#: 61919 600 N. Second Street Penthouse Suite P.O. Box 984 Harrisburg, PA 17108 (717) 236-8000 HILARY A. THOMAS and : IN THE COURT OF COMMON PLEAS SCOTT THOMAS, : CUMBERLAND COUNTY, Plaintiffs, : PENNSYLVANIA V. No. 04-1873 BOBBY J. GARLAND, Defendant : CIVIL ACTION - LAW V. SCOTT THOMAS, Additional Defendant MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE John F. King, Esquire, respectfully requests this Court to make absolute the Rule to Show Cause which was issued in the above-captioned matter on December 26, 2006, and in support states the following: 1. A Petition for Leave to Withdraw as Plaintiff's Counsel was filed by the Petitioner on December 20, 2006. 2. The Rule to Show Cause was issued on December 26, 2006, and was served on Richard B. Druby, Esquire, attorney for Defendants, Kevin D. Rauch, attorney for Additional Defendant and Hilary and Scott Thomas, Plaintiffs. See the Certificate of Service attached hereto as Exhibit "A". 3. To date, no response has been forthcoming from the Plaintiff or Attorneys to this w Honorable Court's Rule to Show Cause. WHEREFORE, Petitioner respectfully requests that this Court make the Rule to Show Cause Absolute. Respectfully submitted, FRIEDMAN and KING, P.C. Dated: By: Le? / ohn F. King, Esquire ID# 61919 600 N. Second Street Penthouse Suite Harrisburg, PA 17101 (717) 236-8000 Petitioner TO: Hilary Thomas Scott Thomas 4902 Carlisle Pike PMB 113 Mechanicsburg, PA 17055 Richard B. Druby, Esquire Nestico, Druby & Hildabrand 840 East Chocolate Avenue Hershey, PA 17033 Attorney for Defendant Kevin D. Rauch, Esquire Summers, McDonnell, Hudock 1017 Mumma Road Lemoyne, PA 17043 Attorney for Additional Defendant w CERTIFICATE OF SERVICE I hereby certify that I am this day of January, 2007, serving the foregoing motion to make rule absolute upon the person and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by First Class Mail addressed as follows: Hilary Thomas Scott Thomas 4902 Carlisle Pike PMB 113 Mechanicsburg, PA 17055 Richard B. Druby, Esquire Nestico, Druby & Hildabrand 840 East Chocolate Avenue Hershey, PA 17033 Attorney for Defendant Kevin D. Rauch, Esquire Summers, McDonnell, Hudock 1017 Mumma Road Lemoyne, PA 17043 Attorney for Additional Defendant S E arry Lauffer 1 0" HILARY A. THOMAS and SCOTT THOMAS, Plaintiffs, V. BOBBY J. GARLAND, Defendant V. SCOTT THOMAS, CERTIFICATE OF SERVICE I hereby certify that I am this 29`h day December, 2006, serving the foregoing rule to show cause upon the person and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by First Class Mail addressed as follows: Hilary and Scott Thomas 4902 Carlisle Pike PMB 113 Mechanicsburg, PA 17055 Richard B. Druby, Esquire Nestico, Druby & Hildabrand, LLP 840 E. Chocolate Ave. Hershey, PA 17033 Kevin D. Rauch, Esquire Summers, MCDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Lemoyne, PA 17043 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA No. 04-1873 CIVIL ACTION - LAW Additional Defendant o 5_ C John F. Png, Esquire }?„? _ _ '? R ? ._ P ._? +. ?? _11 :.._ c... ?- ??? ? - _; ? .... :.{: . ,..... v?1? " ?j: .? HILARY A. THOMAS and IN THE COURT OF COMMON PLEAS OF SCOTT THOMAS, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. : NO. 04-1873 CIVIL BOBBY J. GARLAND DEFENDANT V. SCOTT THOMAS, ADDITIONAL DEFENDANT CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 16th day of January, 2007 upon consideration of the Petition for Leave to Withdraw as Counsel filed by the Petitioner and the response of the Plaintiff, Hilary A. Thomas, IT IS HEREBY ORDERED AND DIRECTED that a hearing on the Petition for Leave to Withdraw as Counsel shall be held on Friday, March 30, 2007 at 3:00 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. All proceedings are stayed until further order of Court. By the Court, 11? ? M. L. Ebert, Jr., J. ,/ohn F. King, Esquire Petitioner 'Xilary Thomas and Scott Thomas, Plaintiff chard B. Druby, Esquire Attorney for Defendant ` jevin D. Rauch, Esquire V Attorney for Additional Defendant bas tt' 'tt?3 j ?? r V71 ?I ?J Z .C Wd 6 I NVP LOOZ Hi G Z;? f .din C C5, vs. ( o. G Q a S In the Court of Common Pleas of Cumberland County, Pennsylvania No. - + g / Civil. i9- ?© C k C 0' ?..r- Prothonotary /vtc?s 1, 30 'X )U0-? d? Attorney for Plaintiff aOzGj ?? 1 t d l O..j NA i- T?' o Ck":-, cj'A - -Q (>'- -? le To 3 f 3 c) t- Term. 19 --- No. vs. PRAECIPE 19 Filed Atty• L, 4 7 HILARY A. THOMAS and SCOTT THOMAS, Plaintiffs, V. BOBBY J. GARLAND, Defendant V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-1873 CIVIL ACTION - LAW SCOTT THOMAS, Additional Defendant : ORDER 1h M ar?1 AND NOW, this day of J ry, 2007, upon consideration of the Petition for Leave to Withdraw as Plaintiff's counsel, and Rule to Show Cause, and there being no opposition thereto, it is hereby ORDERED and DECREED that said Petition is granted and that Petitioner, John F. King, Esquire, and the firm of Friedman and King, P.C., be permitted to withdraw their appearance of record for the Plaintiff in the above matter and the Prothonotary shall so mark the docket.. BY THE COURT, Distribution: Hilary Thomas and Scott Thomas, 4902 Carlisle Pike, PMB 113, Mechanicsburg, PA 17055; Richard B. Druby, Esq., Nestico, Druby & Hildabrand, 840 East Chocolate Ave., Hershey, PA 17033 ???'(d I Kevin D. Rauch, Esq., Summers, McDonnel, Hudock.1017 Mumma Rd., Lemoyne, PA 17043 3 : ! C!? caw LUZ r ?" j o! 40 Richard B. Druby, Esquire PA Supreme Court I.D. 61904 NESTICO, DRUBY & HILDABRAND, LLP 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 rdrubv6a,hersheypalaw.com HILARY A. THOMAS, AND SCOTT THOMAS, Plaintiffs V. BOBBY J. GARLAND, Defendant V. SCOTT THOMAS. Additional Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 04-1873 CIVIL ACTION -LAW :JURY TRIAL DEMANDED PETITION TO COMPEL PLAINTIFFS TO MARK CASE SETTLED, DISCONTINUED, AND ENDED NOW COMES, Defendant Bobby J. Garland, by and through his undersigned attorneys, and petitions to compel Plaintiffs to mark the above-captioned matter settled, discontinued, and ended and avers as follows: 1. Petitioner is the Defendant Bobby J. Garland. 2. Respondents are the Plaintiffs Hilary A. Thomas and Scott Thomas. 3. On or about May 19, 2004, Plaintiffs initiated this matter by filing a Complaint following a motor vehicle accident involving the parties that occurred on or about December 24, 2002. 4. Scott Thomas was joined as an Additional Defendant on or about December 27, 2004. 5. By Order, dated March 30, 2007, Plaintiffs' counsel was permitted to withdraw from his representation of Plaintiffs, and the Plaintiffs remain unrepresented. 6. On or about January 14, 2008, the parties agreed to a settlement of this matter in which Defendant would pay to Plaintiffs the sum of Two Thousand Five Hundred ($2,500.00). 7. Plaintiffs executed a Full, Final and General Release of All Claims ("Release") on or about February 21, 2008. A true and correct copy of the Release is attached hereto as "Exhibit A" and incorporated by reference. 8. As part of the settlement, Plaintiffs agreed to "settle, discontinue, and end with prejudice, the action brought in the Court of Common Pleas of Cumberland County, Civil Action No. 2004-1873 and any and all other actions which [Plaintiffs] may have brought relating to the aforesaid incident". See "Exhibit A". 9. Upon execution of the Release, a Union Bank of California settlement check was issued made payable to Plaintiffs in the amount of $2,500.00. A true and correct copy of the settlement check is attached hereto as "Exhibit B" and incorporated by reference. 10. The settlement check was sent to Plaintiffs on or about March 17, 2008, along with a Praecipe to Settle, Discontinue and End. A true and correct copy of Defendant's counsel's letter and Praecipe is attached hereto as "Exhibit C" and incorporated by reference. 2 11. The settlement check was endorsed by Plaintiffs and cleared the Union Bank of California on or about March 25, 2008. A true and correct redacted copy of the endorsed check is attached hereto as "Exhibit D" and incorporated by reference. 12. Defendant's counsel provided Plaintiffs with another Praecipe to Settle, Discontinue and End on or about July 11, 2008, but Plaintiffs have failed and refused to sign the Praecipe. A true and correct copy of Defendant's counsel's letter and Praecipe are attached hereto as "Exhibit E" and incorporated by reference. 13. To date, Plaintiffs have failed and refused to mark this matter "settled, discontinued, and ended with prejudice". 14. Due to Plaintiffs' failure and refusal to discontinue this matter, to date, Defendant has or will incurred additional attorneys' fees in the approximate amount of $500.00 in seeking the discontinuance of this matter for which Plaintiffs should be responsible. 15. The Honorable M.L. Ebert, Jr. has previously ruled upon the issue pertaining to Plaintiffs' counsel's withdrawal. The Honorable Kevin A. Hess previously ruled upon the Defendant's Motion to take the deposition of Scott Thomas. The Honorable Kevin A. Hess, J. Wesley Oler, Jr. and M.L. Ebert, Jr. previously ruled upon Additional Defendant's Motion for Summary Judgment. 16. In accordance with C.C.R.P. 208.3(a)(9), Defendant's counsel sought the concurrence of the only counsel of record, Additional Defendant's counsel, in the filing of this Petition, who indicated that he concurred with the filing of this Petition. 3 WHEREFORE, Defendant Bobby J. Garland respectfully requests your Honorable Court to enter an Order compelling Plaintiffs Hilary A. Thomas and Scott Thomas to mark the above- captioned matter settled, discontinued, and ended with prejudice within five (5) days of the Court's Order; award Defendant the sum of $500.00 in attorneys' fees to be paid by Plaintiffs to Defendant's counsel within thirty (30) days of the Court's Order; and award Defendant such other relief that the Court deems just. Respectfully syy fitted, NESTICO,,BRBY & HILDABRAND, LLP Date: - F,01 ? hard B. Druby Esquir / /Attorney I.D. No. 1904 840 East Chocolate nue Hershey, PA 17033 (717) 533-5406 (717) 533-5717 (facsimile) Attorney for Bobby J. Garland 4 ?XL?61+ FULL, FINAL AND GENERAL RELEASE OF ALL CLAIMS For and in consideration of the payment to us of the sum of Two Thousand Five Hundred ($2,500.00) Dollars, we, HILARY A. THOMAS and SCOTT THOMAS, do hereby release and forever discharge BOBBY J. GARLAND and his insurers, SHELBY CASUALTY INSURANCE COMPANY, SHELBYNESTA INSURANCE COMPANY, AFFIRMATIVE/ INSURA PROPERTY & CASUALTY INSURANCE, their subsidiaries and parent companies, their insurers, reinsurers, and excess insurers (hereinafter "Releasees") and any and all other persons and parties, of and from any and all past, present or future actions, causes of action, claims, demands, damages, costs, loss of services, expenses, compensation, consequential damage, attorney's fees, claims for liens and subrogation rights or any other thing whatsoever, whether based on a tort, contract or other theory of recovery, and whether for compensatory or punitive damages, which we now have, or which may hereafter accrue or otherwise be acquired, on account of any and all known and unknown personal injuries, property damage, damages and debts, or resulting or to result from any matter whatsoever in any way growing out of or related to an occurrence on or about December 24, 2002, on Wolfs Bridge Road, Middlesex Township, Cumberland County, as is more fully set out in the complaint and other pleadings filed to No. 2004-1873 in the Court of Common Pleas of Cumberland County. We hereby acknowledge and assume all risk, chance, or hazard that the said injuries or damages may be or become permanent, progressive, greater, or more extensive than is now known, anticipated, or expected. No promise or inducement which is not herein expressed has been made to us and in executing this Release we do not rely upon any statement or representation made by any person, firm, or corporation, hereby released or any agent, physician, doctor, or any other person representing them or any of them concerning the nature, extent, or duration of said damages or losses or legal liability therefore. We understand that this settlement is the compromise of a doubtful and disputed claim and that the payment is not to be construed as an admission of liability on the part of the persons, firms, and corporations hereby released by whom liability is expressly denied. We hereby warrant that we have not heretofore released any person, firm, partnership or corporation, from any claim or liability for damages arising from said incident and that we will defend, save harmless and indemnify the Releasees from any and all other claims or liability arising out of the above described subject matter, including actions for indemnity, subrogation and/or contribution. This Release contains the entire agreement between the parties hereto and the terms of this Release are contractual and not a mere recital. In still fiuther consideration of the above payment, we agree to settle, discontinue, and end with prejudice, the action brought in the Court of Common Pleas of Cumberland County, Civil Action No. 2004-1873 and any and all other actions which we may have brought relating to the aforesaid incident. In further consideration of the above payment, we covenant and agree to defend, indemnify and hold harmless the said Releasees from all claims, demands, and suits for damages, costs, loss of services, expenses, or compensation which we, or our heirs, next 2 of kind, executors, administrators, successors, assigns or others have or may have on account of or in any way growing out of the aforesaid occurrence or its results. In still further consideration of the above payment, we enter into this agreement not only on our own behalf but also on behalf of our heirs, next of kin, executors, administrators, and assigns, whom we bind hereby. We certify that we are over eighteen (18) years of age and we further state that we have carefully read the foregoing Release, have been advised by counsel or have had the opportunity to be advised by counsel as to the Release and know the contents thereof and we sign our name as our own free act. WITNESS, our hands and seals this day of 9ka, ja .2008. W 1, AA Ct (SEAL) IULARYYMOMAS WITNE ?? ?c-F ;?? ?•- - yr. , (SEAL) SCOTT THOMAS Beaedy J. Uptlyke, Notary PLj* City Of Manlsburg, Dauphin Camty fi'n' COnnibsion E Apr. 17.2008 Member, P"I'SYlyania Association 0f Notaries 3 AY M?KM y{ ?N 4 ? YY {' l • ' ?:Y YJt ry r3??i ?Y +ft?:: t •F. ' zS.VI.? ? 5 '}'? ?w. G r. FrjP'• ?.i3?' t J ? . y {7 gyp! 7 ,,RYA r r 0 O C) J O 1 ac y., t` )t j1M '?? f•?'. 1 ' r, M1'k ?kk .;C3 a h 1 Q33 a4t i 3 Mc 00 g a log till I Z E 1-61 ?,? I a C6 s . (? ?-/ ?,b?"f E ND NES IC0, DRUBY & WDURAND, LLP ATTORNEYS AT LAW 840 East Chocolate Avenue, Hershey, PA 17033 Phone (717) 533-5406 Fax (717) 533-5717 www.hersheypalaw.com March 17, 2008 Hillary and Scott Thomas 1059 York Road Apt. C Dillsburg, PA 17019-9009 RE. Tlionras v Garland Docket W 1873 Dear Mr. and Mrs. Thomas: Enclosed is the settlement check in the amount of $2,500.00. I am also enclosing a document entitled "Praecipe to Settle, Discontinue and End" You agreed to the filing of this document as part of the release that you signed. This document will end the litigation previously started by you. Therefore, please sign the document where indicated and return it to me in the enclosed self-addressed, stamped envelope. I will then file it with the Court and end the litigation. I will then send a time-stamped copy to you once it is filed. In the meantime, should you wish to discuss this matter further, please give me a call. Very truly yours, ; r NESTICO, DRUB & .HMDABRAND, LLP By: Richard B. Druby RBD: bls Enclosure Cc: Bobby Garland a HILARY A. THOMAS, AND SCOTT THOMAS, Plaintiffs V. BOBBY J. GARLAND, Defendant PRAECIPE TO SETTLE. DISCONTINUE AND END Please mark the above matter Settled, Discontinued and Ended. TO THE PROTHONOTARY: Date: Date: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 04-1873 CIVIL ACTION -LAW Hilary A. Thomas Scott Thomas E?'b'+ ? r Routing Account Item Reference Posted Amount Type 121000497 3460016842 1601 4094802 03/25/2008 2,500.00 Debit DAVID MORSE AND ASSOCIATES IM WWW VOid AFTER 100 DAYS CLAIMS MANAGEMENT INC. t - . 001601 ITF AFFIRMATIVE INSURANCE COMPANY, SPECIAL aeoot3U nt 5 . s3ts - P.O. BOX 25M GLENDALE, CA 012226004 DATE WOW 0111412008 52,500.00. PAY Two Thousand Five Hundred and 0011 00 Dollars 0 15 B d ,0000,0. Frna? Pay?nwrt TO THE Memo: FULL 8 FINAL SETTLEMENT kmb"""' ORDER - - - - - OF Hilary A Thomas and Scott Thomas 00016010 1: L 2 L00049?I: 34600 L66b 20 ,110000 2500000, r- _.r=nu t tnt^.r, : ??u^r. r- n P-1 F. S6 --- Document 121000497-3460016842.4094802-1 60 1-03-2 5-2008-ChecksNC9980457104092399.pdf Created on 2008-10-2109:43:46.563 fx w-br? ND 91 NCO2 DRUDY & RDADWD, LLP ATTORNEYS AT LAW 840 F" Chocolate Avenue, Hershey, PA 17033 Phone (717) 533-5406 Fox(717)533-5717 www.hersheypalaw.com July 11, 2008 Ms. Hillary Thomas 10590 York Road Dillsburg, PA 17019 Re: Thomas v. Garland Dear Ms. Thomas: As per out telephone discussion today, enclosed is another copy of the Praecipe to Settle, Discontinue and End. If you would please sign the Praecipe and return it to me in the enclosed self-addressed, stamped envelope, I will file it for you. Thank you for your attention to this matter. If you have any questions, please do not hesitate to contact me. Very truly yours, NESTICO, DRUBY & HILDABRAND, LLP B lL? ' Beth Schwarz, Legal Assistant to Richard B. Druby :bls enc. HILARY A. THOMAS, AND SCOTT THOMAS, Plaintiffs V. BOBBY J. GARLAND, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 04-1873 CIVIL ACTION -LAW PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above matter Settled, Discontinued and Ended Date: Date: Hilary A. Thomas Scott Thomas N CERTIFICATE OF SERVICE I, Richard B. Druby, Esquire, of the law firm of Nestico, Druby & Hildabrand, L.L.P., hereby certify that on the day of I , 2009, a copy of the -k? foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Kevin D. Rauch, Esquire 1017 Mumma Road Lemoyne, PA 17043 Hillary and Scott Thomas 1059 York Road Apt. C Dillsburg, PA 17019-9009 B. Druby, ?? L? '" '''' L. ?' { r ? i " ' ;??. '?T.3 . ?. ?? r : ?.t9 - ?. Y" r ? e' : ? .? ?' µ , , t:? ?" L":° t HILARY A. THOMAS, AND SCOTT THOMAS, PLAINTIFFS V. BOBBY J. GARLAND, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SCOTT THOMAS, ADDITIONAL DEFENDANT NO. 04-1873 CIVIL ORDER OF COURT AND NOW, this 14th day of January, 2009, upon consideration of the Petition to Mark Case Settled, Discontinued and Ended, IT IS HEREBY ORDERED AND DIRECTED that the Petition is GRANTED and the case is marked Settled, Discontinued and Ended. The Defendant's request for Attorneys' fees is DENIED. By the Court, ZRichard Druby, Esquire Attorney for Defendant 840 East Chocolate Avenue Hershey, PA 17033 Xevin D. Rauch, Esquire Attorney for Additional Defendant 1017 Mumma Road Lemoyne, PA 17043 `Hillary and Scott Thomas, Plaintiffs 1059 York Road, Apt. C Dillsburg, PA 17019-9009 bas wQt eR rn? cl? I -.L%'y) ?'t ? vr1?r??'? ?? ?;?c? ? ? .? ?? s s ??r ?o?t