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Home My WebLink About09-2049SCHMIDT KRAMER PC BY: Gerard C. Kramer, ESQUIRE I.D. #44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) gkramer(?&schmidtkramer. com LAURA V. BRIGHT-STONECIPHER : IN THE COURT OF COMMON PLEAS and WILLIAM STONECIPHER, her : CUMBERLAND COUNTY, husband, : PENNSYLVANIA Plaintiff V. . No. oq _ J'1%09 ivi I 'Tenn JANINE PARK, : CIVIL ACTION -LAW Defendant : JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 'LAURA V. BRIGHT-STONECIPHER : IN THE COURT OF COMMON and WILLIAM STONECIPHER, her : PLEAS husband, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 0 9 - 02 0`f 9 V. JANINE PARK, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, Laura V. Bright-Stonecipher and William Stonecipher, her husband, by and through their attorneys, SCHMIDT KRAMER PC, and respectfully sets forth as follows: 1. The Plaintiffs, Laura V. Bright-Stoncipher and William Stonecipher, her husband are married adult individuals currently residing at 112 Orchard Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, Janine Park, is an adult individual currently residing as 2712 Chestnut Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The facts and occurrences herein after took place on or about April 28, 2007 at 1:15 p.m., at the 4700 block of Trindle Road, Hampden Township, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, the Plaintiff, Laura V. Bright- Stoncipher, was operating an automobile traveling West bound on Trindle Road. 5. The Defendant, Janine Park, was operating an automobile that was parked in a parking lot on the 4700 block of Trindle Road. 6. At the aforesaid time and place, Defendant, Janine Park, attempted to make a left hand turn onto Trindle Road from the parking lot directly in front of Plaintiff's, Laura V. Bright-Stonecipher, vehicle. Janine Park's vehicle struck the right passenger side of the Plaintiff's, Laura V. Bright- Stonecipher, vehicle causing the Plaintiff's vehicle to roll onto its roof. COUNT I LAURA V. BRIGHT-STONECIPHER v. JANINE PARK NEGLIGENCE 7. Paragraphs 1 though 6 are incorporated herein by reference and made a part thereof as if set forth in full. 8. The accident was caused by the negligence and carelessness of the Defendant, Janine Park, and was in no way caused or contributed to by the Plaintiff, Laura V. Bright-Stonecipher. 9. The negligence and carelessness of the Defendant, Janine Park, consisted of the following: a. inattentiveness; b. distraction; C. failing to have her vehicle under proper and adequate control; d. failing to observe Plaintiff's vehicle lawfully on the highway; e. failing to keep a reasonable lookout for other vehicles lawfully on the road; f. failing to operate her vehicle in accordance with existing traffic controls and conditions; g. attempting to enter a highway when it was not safe to do so; and h. failing to yield the right-a-way to traffic already on the highway. 10. As a factual result of the accident, the Plaintiff, Laura V. Bright- Stonecipher, suffered injuries which are severe and are believed to be permanent which include the following: a. lumber pain; b. pain in pelvis and hip; C. pain in left wrist; and d. sprain/ strain and multiple contusions. 11. As a factual result of the accident, the Plaintiff, Laura V. Bright- Stonecipher, has incurred medical expenses to date and will continue to incur medical expenses into the future, and thus, a claim for these expenses is made. 12. As a factual result of the accident, the Plaintiff, Laura V. Bright- Stonecipher, has been advised and, therefore avers, that the injuries may be permanent in nature and effect, and thus, a claim for these injuries is made. 13. As a factual result of the accident, the Plaintiff, Laura V. Bright- Stonecipher, has undergone in the past, and will continue to undergo in the future, great pain and suffering, and thus, a claim for these injuries is made. 14. As a factual result of the accident, the Plaintiff, Laura V. Bright- Stonecipher, may be obliged to spend various sums of money and to incur various expenses for the injuries that she has suffered and may continue to incur the same in the future, and thus, a claim for these losses is made. 15. As a factual result of the accident, the Plaintiff, Laura V. Bright- Stonecipher, has suffered a permanent diminution of her ability to enjoy life and life's pleasures, and thus, a claim for these losses is made. 16. As a factual result of the accident, the Plaintiff, Laura V. Bright- Stonecipher, has suffered a loss of earning power and capacity as well as wages, and thus, a claim for these losses is made. WHEREFORE, the Plaintiff, Laura V. Bright-Stonecipher, demands judgment against the Defendant, Janine Park, in an amount in excess of an amount requiring compulsory arbitration. COUNT II WILLIAM STONECIPHER V. JANINE PARK LOSS OF CONSORTIUM 17. Paragraphs 1 through 16 are incorporated herein by reference and made a part thereof as if set forth in full. 18. The Plaintiff, William Stonecipher, has suffered from the loss of services and companionship and consortium of his wife, Plaintiff, Laura V. Bright-Stonecipher, as a factual result of the negligence of the Defendant, Janine Park . WHEREFORE, the Plaintiff, William Stonecipher, demands judgment on the Defendant, Janine Park, in an amount in excess of an amount requiring compulsory arbitration. Respectfully submitted SCHMIDT KRAMER PC DATED: 3-31-07 BY Berard C. Kramer Attorney at Law Attorney I.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION OBTAINED THROUGH COUNSEL I, LAURA V. BRIGHT-STONECIPHER, verify that I am the Plaintiff in the foregoing action and that the attached Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of the Complaint to the extent that it is based upon information that I have given to my counsel is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Complaint are a that of counsel, I relied upon counsel making this Verification. I understand that intentional false statements herein are subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications to authorities. r Date: Z., -309 LAURA V. BRIGHT-ST CIA R S OF THE 209 OR - i F" 31 Q0 Cd r-0 COURN NM1 `78.60 PA ATTY ft-0 I 1U40 P-T* 01013093 R Thomas Kline Sheriff Ronny R Anderson Chief Deputy :f s Office of Cumberland County OFFICE OF $-ERIFP Edward L Schorpp Solicitor Jody S Smith Civil Process Sergeant SHE?2IFF'S RETURN OF SERVICE 04/06/2009 08:39 PM - Dennis Fry, Del at 2039 hours, he served a to wit: Janine Park by mak Cumberland County, Penn: said true and correct copy I SHERIFF COST: $40.60 April 07, 2009 luty Sheriff, who being duly sworn according to law, states that on April 6, 200f true copy of the within Complaint and Notice upon the within named defendant ng known unto Janine Park personally, at 2712 Chestnut Street, Camp Hill, ylvania, 17011 its contents and at the same time handing to her personally the if the same. SO ANSWER WWI< -100? .P A R THOMAS KLINE, SHERIFF Dep-&y S er Docket No. 2009-2049 Laura V. Stonecipher-Bright v Janine Park ARY 2009 APR -9 Ali 9= 52 CUMbt E. ;rt q_ ,f.DUNT'Y PENW50ANti Thomas, Thomas & Hafer, LLP Todd B. Narvol, Esquire Attorney I.D. No. 42136 Marc A. Moyer, Esquire Attorney I.D. No. 76434 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7133 - direct tnarvol@tthlaw.com (717) 441-3960 - direct mmoyer@tthlaw.com (717) 237-7105 - fax Attorneys for Defendant Janine Park LAURA V. BRIGHT-STONECIPHER and WILLIAM STONECIPHER, her husband, Plaintiffs V. JANINE PARK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 09-2049 CIVIL TERM : CIVIL ACTION -LAW : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Todd B. Narvol, Esquire, Marc A. Moyer, Esquire, and Thomas, Thomas & Hafer LLP, 305 North Front Street, 6th Floor, P.O. Box 999, Harrisburg, PA 17108, on behalf of Defendant Janine Park. Respectfully submitted, Date: I/- THOMAS, THOMAS & HAFER, LLP l jbdd H. ol, Esquire Atto D. No.: 42136 Mar . Moyer, Esquire Attorney I.D. No.: 76434 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108 717-441-3960 mmoyer@tthlaw.com Attorneys for Defendant Janine Park CERTIFICATE OF SERVICE 4 94 On this 0 day of April 2009, y , I, Jennifer L. Deitch, Legal Secretary, with the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have, this day, served a true and correct copy of the PRAECIPE FOR ENTRY OF APPEARANCE upon the person(s) and at the address(es) below named via United States First Class Mail, postage prepaid, in Harrisburg, PA: Gerard C. Kramer, Esquire Schmidt Kramer, PC 209 State Street Harrisburg, PA 17101 Attorney for Plaintiffs Je fer L. Deitch, Legal Secretary to Marc A. Moyer :690147.1 1-11 JOTARY OF THE 2039 APR 214 Fs I : 18 ?T f Thomas, Thomas & Hafer, LLP Todd B. Narvol, Esquire Attorney I.D. No. 42136 Marc A. Moyer, Esquire Attorney I.D. No. 76434 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 LAURA V. BRIGHT-STONECIPHER and WILLIAM STONECIPHER, her husband, Plaintiffs V. JANINE PARK, Defendant (717) 237-7133 - direct tnarvol@tthlaw.com (717) 441-3960 - direct mmoyer@tthlaw.com (717) 237-7105 - fax Attorneys for Defendant Janine Park IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-2049 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANT JANINE PARK TO PLAINTIFFS' COMPLAINT AND NOW, comes Defendant Janine Park, by and through her counsel, Thomas, Thomas & Hafer, LLP, and files Preliminary Objections to Plaintiffs' Complaint, and, in support thereof, avers as follows: 1. STATEMENT OF FACTS / PROCEDURAL HISTORY I . This is an automobile liability action arising out of an automobile accident that allegedly occurred on April 28, 2007, on the 4700 block of Trindle Road, Cumberland County, Pennsylvania. (The "Accident"). See, Plaintiffs' Complaint, ¶3, Exhibit "A". 2. According to Plaintiff s Complaint, Plaintiff Laura Bright-Stonecipher was the operator of a motor vehicle traveling in a westbound direction on Trindle Road at the time of the Accident. See, Plaintiffs' Complaint, ¶4, Exhibit "A". 3. Defendant Park is alleged to have pulled her automobile in front of the oncoming automobile being operated by Plaintiff, Bright-Stonecipher, when attempting to make a left turn onto Trindle Road. See, Plaintiffs' Complaint, ¶6, Exhibit "A". 4. Plaintiffs allege that they experienced various injuries as a result of the Accident which was caused by Ms. Park's negligence. See, Plaintiffs' Complaint, ¶¶ 8-9; 10, Exhibit "A". 5. Plaintiff William Stonecipher has also made a claim for loss of consortium arising from the Accident. See, Plaintiffs' Complaint, Count II, Exhibit "A". 6. For the reasons set forth herein, Defendant, Janine Park, files Preliminary Objections to Plaintiffs' Complaint on the ground that Paragraphs 9(c) and 9(f) of the Complaint fail to sufficiently identify the particular acts of negligence forming the basis for Plaintiffs' claims. 7. Instead, Paragraphs 9(c) and 9(f) could improperly support numerous undisclosed and unspecified facts and theories of liability which, if permitted to remain in the Complaint, would unfairly prejudice Ms. Park's ability to properly defend herself in this lawsuit. H. BASIS FOR RELIEF 8. Preliminary objections may be properly based upon "the failure of a pleading to conform to law or rule of court...." See Pa. R.Civ.P. 1028(a)(2). One such rule to which a pleading must conform is Pa. R.Civ.P. 1019(a) which requires a party to plead all material facts upon which a cause of action is based in a concise and summary form. Pa. R.Civ.P. 1019(a). 9. Similarly, preliminary objections may also be based upon the insufficient specificity of a pleading pursuant to Pa. R.Civ.P. 1028(a)(3). 10. To comport with the Pennsylvania Rules of Civil Procedure and Pennsylvania law, a complaint must sufficiently define issues and give notice to a party of what the plaintiff 2 intends to prove at trial so that the defendant may, in turn, prepare a defense by meeting such proof with his own evidence. See Estate of Swift v. Northeastern Hosp. of Phila., 456 Pa. Super. 330, 336, 690 A.2d 719, 723 (1997) (noting that the complaint must summarize the essential facts to support the claim); see also Sevin v. Kelshaw, 417 Pa. Super. 1, 7, 611 A.2d 1232, 1236 (1992) (noting that Pennsylvania is a fact pleading jurisdiction and thus the complaint must summarize those facts essential to support a claim). Accord Laursen v. General Hosp. of Monroe County, 259 Pa. Super. 150, 160, 393 A.2d 761, 766 (1978), rev'd. on other grounds, 494 Pa. 238, 431 A.2d 237 (1981); Baker v. Rangos, 229 Pa. Super. 333, 350, 324 A.2d 498, 506 (1974). 11. In addition to failing to properly apprise an opposing party of that which he/she will be called upon to defend against at trial, generalized pleadings can also serve to thwart the statute of limitations by permitting a party to assert new causes of action or legal theories at any juncture in the litigation process. 12. Thus, non-specific boilerplate pleadings present a very real risk of harm to a defendant in the nature of surprise and the attendant inability to adequately prepare a defense. 13. In Connor v. Allegheny General Hospital, 501 Pa. 306, 461 A.2d 600 (1983), for example, the trial court denied appellants' motion to amend their complaint by adding a specific averment of negligence not previously set forth in their original complaint. The trial court thereafter granted appellee's motion for summary judgment on the ground that appellants were unable to offer expert testimony to prove the allegations of negligence in their original complaint. The Pennsylvania Superior Court affirmed the trial court's decision by holding that the proposed amendment was barred by the statute of limitations because it sought to add new allegations of negligence by proceeding on a different theory of liability. 3 14. On appeal, the Pennsylvania Supreme Court reversed both the Superior Court and the trial court by finding that the proposed amendment did not advance a new cause of action but, instead, merely amplified the non-specific and vague allegation of negligence in the original complaint asserting that the defendant was negligent "[i]n otherwise failing to use due care and caution under the circumstances." Conner at 311, n.3, 461 A.2d at 602, n.3. 15. The court further found that the appellee essentially waived any claim of prejudice regarding appellants' late "amplification" of the original complaint by virtue of its failure to preliminarily object to the original averment of negligence being amplified. 16. Specifically, the court opined: If appellee did not know how it `otherwise fail[ed] to use due care and caution under the circumstances,' it could have filed a preliminary objection in the nature of a request for a more specific pleading or it could have moved to strike that portion of appellants' complaint (citations omitted). In this case, however, appellee apparently understood this allegation ... well enough to simply deny it in its answer. Thus, appellee cannot now claim that it was prejudiced by the late amplification of this allegation.... Id. 17. While pleadings do not need to strictly adhere to formalistic goals, Pennsylvania law continues to require that a plaintiff fully apprise a defendant of the full nature and extent of her claims. For that reason, the courts of this Commonwealth have routinely sustained preliminary objections striking allegations from a plaintiffs' complaint when addressing broad- brushed, non-specific averments like those set forth in Plaintiffs' Complaint. See, e.g., Cicero v. Cominski, 25 Pa. D. & CAth 422 (C. P. Luzerne 1995) (quoting Laursen v. General Hospital of Monroe County, 393 A.2d 761 (Pa. Super. 1978). 18. Thus, Pennsylvania law is clear that whenever a defendant is faced with non- specific allegations of negligence, the defendant must preliminarily object to the allegations or 4 risk the plaintiffs later introducing new theories of liability "amplifying" the nonspecific averments set forth in the original complaint. 19. In this case, Plaintiffs' general averment in Paragraph 9(c) that Ms. Park was negligent and careless for "failing to have her vehicle under proper and adequate control", fails to identify the manner by which Ms. Park allegedly failed to maintain her car under "adequate control" and, therefore, creates the potential to permit Plaintiffs to pursue facts at trial which were not previously pled in the Complaint, and for which Ms. Park would have had no prior notice. 20. Similarly, Paragraph 9(f) alleges the Ms. Park "fail[ed] to operate her vehicle in accordance with existing traffic controls and conditions" without identifying the particular traffic controls and conditions to which Plaintiffs refer. 21. Once again, the pleading impermissibly permit Plaintiffs to present other, currently unstated, averments of negligence and/or carelessness in support of their claims. 22. For these reasons, Paragraphs 9(c) and 9(f) should be stricken from Plaintiffs' Complaint or, alternatively, Plaintiffs should be required to set forth the particular acts or omissions committed by Defendant so as to sufficiently apprise her of that which she will be required to defend at trial. III. CONCLUSION For the foregoing reasons, Defendant Janine Park respectfully requests that Paragraphs 9(c) and 9(f) be stricken from Plaintiffs' Complaint or, alternatively, that Plaintiffs be compelled to amend their pleading so as to sufficiently inform Ms. Park of the allegations against her in accordance with the Pennsylvania law. 5 Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: ? - o2 -U Todd B.1 1, Esquire Attorney I. . No.: 42136 Marc A. )Royer, Esquire Attorne I.D. No.: 76434 305 North Front Street, Oh Floor P.O. Box 999 Harrisburg, PA 17108 717-441-3960 mmoyer@tthlaw.com Attorneys for Defendant Janine Park 6 M O'd %OE S3l&R9 U0" j A SCHMIDT K R Aiu E PC BY, Oevard C. 1<ranixr, ESQUIRE 1,D. #44X5 509 Statc-stroet HwTisburg, PA .17101 (717) 232-6300 Attornry6t fear P1ajnti:ft(s; r LAURA V. SMGffT4T0NSMP1MR ,and WXLLLAN SZ`OI =MHER, her hushand, Plaintiff V4 'IN THE COURT OF COXM C?l?i' 'PLEAS wrui BBPJ. xb Crti. u TY, -PENNSYLVANIA No. 69- Q091 JANINE PARK, Davenda nt C -ACTION - _LAW .JURY TRIAL DEMANDRD 'N011CE YOU HOXV 8E6':N SUM IN COURT, If you -lavish -to defend against the. claims set forth in ;he 1611 xving pages, you rnust take action within twenky (20) datys after this Complaint and Notice are served, by entering a written appearance personally or by attorney and.fil ng in writing %pith the Crum your .defenses or objections to the claims set forth-against you. You are warned ihat: if ycna, fail to do so tihte case may proceed without you and a judg:mcnt may be anwed as.irtst yOT-1 by the Court urithout further .notice for any manor cla.ixned in the Complaint or for any other claim or relief mquested, by the PlaiAr_iff. You may iose -money or property or other rights important to you. YOU SHOUJ.D TAKX THIS PAPER TO YOUR LAWYER AT ONICK 1r, YOU DO NOT HAVE A LAWYER, GO "rO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OF-FfC E; CAN PROVIDE YOU WITH INrORMATION ABOUT HIRING A LAWYER- IF YOU CANNOT APPORD TO HIRE A LARrYMR) 'THIS OFFICE MAY BE ABL TU PPOVIDF YOU wZTH INFORMATION ABOUT ACIFNCIES THAT MAY C)FPP,R LEGAL SERVICES TO E-1101BL:E PER9CJNS AT A REDUCED FOE OR IVO FEE. CUMBERLAND COUNTY YAAR ASSOCIATION 2 Liberty Avanue CarSle,?A 170 13 2493, 65 "M !T FROM REMPL) ?Iftnw, 1 q t my tax . 'Irii? i? ? ?rl .? fig. )901119e848eebd5 U5i 4Confidential AVI!SO U-ST91) HA SMO D?-'AA 4.NDADQ f A EN COPTp,. 1 usted dcsca dcFcnderse do las deMandas 4ue se, -preaetitAn nags Adelantc .er, !as sigUientes p&ginas, debe tornar acci6r. dents de to$ proximos veinte C-20) ajas despucs do is not:fit:scioaa de clsta "Derna.nda y Avisfl radicandD persanalme.nte n por trxetiic) de Uri alaogado una cox%nparecencim escrita v ratiictando er, is Corte par esc;riu) sus defensae de, y objecciones a, las dem?ndas presentada.s faqui en contrh sctL Sr le advierte de clue si usted falls do tomar accion nnTno se describe anteriarmente, el craso puede "proceder sin Lasted y un fallo pox' cualquier surnik do dinem reclamada en la demanda o cualquier t,tra reclamaGidn c z emedic solicitado por cl de=andante pLaede scr dictado en contra auya por 1a. Com.sin mQS aviso adicional. U?ted p=de pc;rder tdinero o p.rcpieda,d, u otras dcrechosi importantes para usted. LISTED DEBir. LLEVAR ESTE DOCUMENTO A SU A-B0GADCj IN MODIATAMENTE. -SI USTFM NO TIENE U!, ABOGADO, .Lj,AAME 0 VAYA, A LA SMUTENTli! OFICINA. "£STA OFICINA P'UMDE PR0VB:rPfjE IP+rR{}RMACION A CERCA DE CCMO ("ONSEGUrR LIN A1300-A00. SI USTED NO PM DE "PAGAR ?OR LOS STRVICIOS nP- UN ASOCADQ, I:S POSIBLE OUE ESTA 07101NA LE PUEDA 'PROVEZ ER INFPRMACION S0BRE AGENCI-.S QUE 011'REZCAN SMRVICIOS LRC~rAI SS SIN C1AnOO 0 EAJO COSTO A POIZSONAS QUE CUALMI+CA.N. CUMBERLAND COUNTY BA-R ASSOCIATION 2 Liberty Avenuc Carlisle, PA .1701 (717) -249-3.166 )9011Z9c848eebd5 IT" C;onfidenftl LATJRA'v. _s>UGHT-STOWNCrPHER -and WIML4M STON=mER, her hsisbaad, V. 'Aefendaftt M TIKE:CD T OFCOIdMON FLF.44A CUMBFB AND COUNTY, :P ENNSTLVANIA so. OML ACTIGN LAW JURY TRIM: Dr.XANDFD ANI? NOW, come the plaintiffs,, Latar;.a V, :Bright-Staneciphcr and vlfzlliain Stonecipher, her husband, by and through their attorneys, Sci- mIDT K.RA.MER PC:, and -respectfully sets fcrLh as fpllgws: 1. The plOtinCxffs, Laura V. "Stight-Stancipher and William Stonecipher, her husband are married adt. 4 individuals currently residing at 1, 12 Orchard Street, .Vachanicaburg, Cumbcriand County, lonnsylvania 17055, 2. The »efendanr, Jg%nincPark, is an adult individual cyrrently residing Mr. .2712 Chestnut Street, Ca.mn Hill, ClArnbcda.nd County, Pennsylvania 17011. 3. The facts and occurrer,aes herein aftcx took plaoe on or about April 25, 2007 at 1:15 p.m.., at the 4700 block of Trindie Road, Hampden Township, CU berlikrLd County, Pennsylvania. 39011'19e848ee bd 5 US" ccm 4, At the a.far-O-Saki tints And pla,ce., the PI&irltiff, 1,w-eira V. 3zi?;fa, Stoncipher, was operating pn alljoMolalle trawling West bound On T'rirdle 'Road. 6- The Defendant, Janine Park, was operaLting an autcrn bile that was Parked in a parking lot on the 4700 black of Trindle Road. 6. At thr_ a=oresa,d time and place, .Defendant, Jaminc Park, attempted to -make a, left hand turn onto Trindie Road from the parktn,g lot direcCly in front cf'Plaintiff S, I-aura. V. Bright-Stonecipher, vehicle, Ja,rine park's vehicle struck the right -passenger side of the PjaL-jtifrs,.Laura V, Erigh.t. Stonecipher, vehicle causing the Plainti.fra vehic is to roll onto its roof. La>r 2ouNT I . '1 x?rHT•S'I`ar MIt V..r,?x3tlVrlir 'P NIiCC?Y.ZCEI,P?IR? 7. Paragraphs I though 6 are incorporated. hiarein lay rcfcrencc and made a part thereof as if sot forth in full. S. The accident .vas caused by the ncgiagcnce and carelessness of the Defendant, Martine Park, and was in no -,;ay caused or c:ontributcd to L-,y tile Plaintiff, Lana V. -Bright-Stonecipher. 9. The negligtmcc and, carcieagncss of the Defendant, Janine Park, consisted of the following-, a. inattct?tivcne:ss; ?. distraction; c. failing to have her vehiclc L nder Proper and adequate control; d. faifirtg to observe Plaintiff's vehicle lawfully on the higijway; e, failing to kco-p a rmFu* nable lockout fnr other uehini&s lawfully can the road; C. failing to c. ?pe;:aUt I-- accordance with existjny ?901119c 848ee bd 5 Lus+u canfide„iiai traffic r_nr,,trols and z;unditions; 13• attempting to enter a highway when it not safc. to do ,oi and la. failing to vieid tk?e right-a-way to traffic already on the bigh.wa y. if?. As a factual result of the accident, the Pi,aintiff, Laura V. Srxght- Storaeciphcr, suffered injuries which Sze~ severc and are believed to be permanent which include *Ie ftMowing: a. lumber pain; b, pain in pelvis and hip; C. pain in left wrist; and d. spraint'strain and multiple =Orltusions, 1.1. As a factual result of the accident, t- e Plaintiff, laura V. Bright- Stonecipher, has incurred medical cxpen,,ses to date and wiii continue. to iracur -medical CxpenSes izzto the fstu.re, and thus, a ela.irza for these expeaases is mgLde, 12. AS a factual result of the axcci,dont, the Plaintiff, Lain V. :Bright Stonecipher, has been advised and, therefom avers, Chat the injuries may be permanent in natUrc and effect, and thus, a claim for these in,jurieav, is made. 13, As a factual result of the accident, the Plaintiff, Laura V, Bright- Stonl:=iphea, has undergone in the past, and 7,9KII continue i.o candergo in the future, great pain and, suffering, and thus, a claim for these injuries is made. i As a factual result of the accident, the Plaintiff, Laura V, Bri?ht- Stonecipher, may oe obliged to $pen,d va;-ious sums of money and to incur various expenses for the injuries that she has avffeared and may continue to incur the same in the future, and thus, M claim for these losses is made. 1.5. A.s a factual result of the accident, the Plsinr: fr, Laura 11, Bright. Stonecipher, has su.rfered a permanent diminution or her ability to CnioY life and life's Picasures, and thus, lzi= g" .hF sse& is made.. )901119C 8 48 ee b d S usAA confidential AS & fjjcLu. it result crf t)-le aQ.cidont, Lhe Flaiiztifi, U. ura V. I;right- 16, Stonecipher, has suffered a iUSs of earning power and capacity as v.-ell g.s enrages, and thus, a claim. For these losses is made. WHSREFQRE, ??e P? intiff, Laura yr. Br-ighr.',-8Lnr,!-2c:iprvrr, demands ,judgment against the Defendant, Janine "Park, in an arrinunt in excess of an qmvunt requiring ;:ornputsory arbitration. Cc'a'E7'NT xI WM>JAM STaQNSCY . JAJM " s_Ss 9 Q+a?rso?Ta;tr>ner 17. Paragraphs _1 through ifs are incorporated herein hyT reference and made a part rhareof as if see Forth in, full. 15. The Plaintiff, WkIlianx ,Stonecipher, has suffered frorn the ioss or services a.nd comparxionship and consortitam of his usrife, Plaintifi'_ Laura v. .Bright-Stonecipher, as a facttaal result of the negixgencc of the Defendant, Jarine'Park . W14EREit'ORE, the Plaintiff, William Stonecipne;, demands judgment on the Defendant, Janine :Par?., in, an amount in excess of an amount requiring corript,tIsory $,rWtration. 'Respeotfuliy submitted SOMMVT ICRJLMER PC DATED: 71" )901119c$48eebd5 .-crard C. Kramer Attorney at Law Arrorney T.D. No. 44715 209 Mate Street KRrTisbUrg, PA 1-,IOI (717) 232-6340 ay for Plain ti ffs USAA Confidant+at CERTIFICATE OF SERVICE On this 0? day of April , 2009, I, Jennifer L. Deitch, Legal Secretary, with the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have, this day, served a true and correct copy of the PRELIMINARY OBJECTIONS OF DEFENDANT JANINE PARK TO PLAINTIFFS' COMPLAINT upon the person(s) and at the address(es) below named via United States First Class Mail, postage prepaid, in Harrisburg, PA: Gerard C. Kramer, Esquire Schmidt Kramer, PC 209 State Street Harrisburg, PA 17101 Attorney for Plaintiffs Je fer L. D itch, Legal Secretary to Marc A. Moyer :690757.1 7 FELEu-:1 IRC"i Mg APR 27 All 9: 27 Thomas, Thomas & Hafer, LLP Marc A. Moyer, Esquire Attorney I.D. No. 76434 Todd B. Narvol, Esquire Attorney I.D. No. 42136 305 N. Front Street P.O. Box 999 Harrisburg, PA 1 7 1 08-0999 LAURA V. BRIGHT-STONECIPHER and WILLIAM STONECIPHER, her husband, Plaintiffs (717) 441-3960 - direct mmoyer@tthlaw.com (717) 237-7133 - direct tnarvol@tthlaw.com (717) 237-7105 - fax Attorneys for Defendant Janine Park IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-2049 CIVIL TERM V. CIVIL ACTION -LAW JANINE PARK, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Laura V. Bright-Stonecipher and William Stonecipher c/o Gerard C. Kramer, Esquire Schmidt Kramer, PC 209 State Street Harrisburg, PA 17101 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: 5 - 2 ? - oT Mard A. Moyer squire Attorney I. D. o.: 76434 Todd B. N ol, Esquire Attorney I.D. No.: 42136 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108 Attorneys for Defendant Janine Park Thomas, Thomas & Hafer, LLP Todd B. Narvol, Esquire Attorney I.D. No. 42136 Marc A. Moyer, Esquire Attorney I.D. No. 76434 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7133 - direct tnarvol@tthlaw.com (717) 441-3960 - direct mmoyer@tthlaw.com (717) 237-7105 - fax Attorneys for Defendant Janine Park LAURA V. BRIGHT-STONECIPHER and WILLIAM STONECIPHER, her husband, Plaintiffs V. JANINE PARK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-2049 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED ANSWER OF DEFENDANT JANINE PARK TO PLAINTIFFS' COMPLAINT TOGETHER WITH NEW MATTER AND NOW, comes Defendant Janine Park, by and through her counsel, Thomas, Thomas & Hafer, LLP, and respectfully submits her Answer With New Matter to Plaintiffs' Complaint, as follows: 1. After reasonable investigation, Defendant Janine Park lacks sufficient knowledge or information to form a belief as to the truth of the averments set forth in Paragraph 1 of Plaintiffs' Complaint. The averments are, therefore, DENIED and proof thereof is demanded at time of trial. 2. ADMITTED. 3. DENIED as stated. It is ADMITTED that the facts and occurrences alleged in Plaintiffs' Complaint took place on or about April 28, 2007 on Trindle Road, Hampden Township, Cumberland County, Pennsylvania. 2 4. DENIED as stated. It is ADMITTED that Plaintiff, Laura V. Bright-Stonecipher, was operating an automobile in a westbound direction of travel on Trindle Road at the time of the accident. 5. DENIED as state. It is ADMITTED that at the time of the accident, Ms. Park was operating an automobile which had been previously parked in a parking lot adjacent to Trindle Road. 6. DENIED as stated. It is ADMITTED that the accident occurred as Ms. Park was exiting a parking lot adjacent to Trindle Road. By way of further Answer, it is ADMITTED that a collision occurred between Ms. Park's vehicle and the vehicle being operated by Plaintiff, Laura V. Bright-Stonecipher. COUNTI LAURA V. BRIGHT-STONECIPHER v. JANINE PARK NEGLIGENCE 7. Defendant Janine Park incorporates her Answers to Paragraphs one (1) through six (6) of Plaintiffs' Complaint by reference as if fully set forth at length herein. 8. The averments set forth in Paragraph 8 of Plaintiffs' Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is DENIED Defendant Janine Park negligently or carelessly caused or contributed to the accident alleged in Plaintiffs' Complaint. By way of further Answer, it is DENIED Plaintiff, Laura V. Bri ght-Stonecipher, did not cause or contribute to the accident. 9. The averments set forth in Paragraph 9 of Plaintiffs' Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is DENIED Defendant Janine Park was negligent or careless as alleged. By way of further Answer: 3 (a) it is DENIED Defendant Janine Park was negligently or carelessly inattentive; (b) it is DENIED Defendant Janine Park was negligently or carelessly distracted; (c) it is DENIED Defendant Janine Park negligently or carelessly failed to have her vehicle under proper and adequate control; (d) it is DENIED Defendant Janine Park negligently or carelessly failed to observe Plaintiff's vehicle on the highway; (e) it is DENIED Defendant Janine Park negligently or carelessly failed to keep a reasonable lookout for other vehicles on the road; (f) This Paragraph stricken by Stipulation; (g) it is DENIED Defendant Janine Park negligently or carelessly attempted to enter a highway when it was not safe to do so; and (h) it is DENIED Defendant Janine Park negligently or carelessly failed to yield the right-of-way to traffic already on the highway. 10. The averments set forth in Paragraph 10 of Plaintiffs' Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is DENIED Defendant Janine Park negligently or carelessly caused or contributed to the accident alleged in Plaintiffs' Complaint, or that she negligently or carelessly caused or contributed to the injuries alleged in Paragraph 10 of Plaintiffs' Complaint, the existence of which are DENIED. 11. The averments set forth in Paragraph 11 of Plaintiffs' Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is DENIED Defendant Janine Park negligently or carelessly caused or contributed to the accident alleged in Plaintiffs' Complaint, or that she negligently or carelessly caused or contributed to Plaintiff Laura V. Bright-Stonecipher incurring medical expenses to date, or into the future. 4 12. The averments set forth in Paragraph 12 of Plaintiffs' Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is DENIED Defendant Janine Park negligently or carelessly caused or contributed to the accident alleged in Plaintiffs' Complaint, or that she negligently or carelessly caused or contributed to Plaintiff Laura V. Bright-Stonecipher experiencing the injuries alleged in Plaintiffs' Complaint, the existence of which are DENIED. 13. The averments set forth in Paragraph 13 of Plaintiffs' Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is DENIED Defendant Janine Park negligently or carelessly caused or contributed to the accident alleged in Plaintiffs' Complaint, or that she negligently or carelessly caused or contributed to Plaintiff Laura V. Bright-Stonecipher undergoing pain and suffering in the past, or into the future. 14. The averments set forth in Paragraph 14 of Plaintiffs' Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is DENIED Defendant Janine Park negligently or carelessly caused or contributed to the accident alleged in Plaintiffs' Complaint, or that she negligently or carelessly caused or contributed to Plaintiff Laura V. Bright-Stonecipher spending various sums of money or incurring various expenses in the past, or into the future, for Plaintiff's alleged injuries. 15. The averments set forth in Paragraph 15 of Plaintiffs' Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is DENIED Defendant Janine Park negligently or carelessly caused or contributed to the accident alleged in Plaintiffs' Complaint, or that she negligently or carelessly caused or 5 contributed to Plaintiff Laura V. Bright-Stonecipher suffering a permanent diminution of her ability to enjoy life and life's pleasures. 16. The averments set forth in Paragraph 16 of Plaintiffs' Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is DENIED Defendant Janine Park negligently or carelessly caused or contributed to the accident alleged in Plaintiffs' Complaint, or that she negligently or carelessly caused or contributed to Plaintiff Laura V. Bright-Stonecipher suffering a loss of earning power and capacity as well as wages. WHEREFORE, Defendant Janine Park respectfully requests that this Honorable Court enter judgment in her favor, and against the Plaintiffs, and that Plaintiffs' Complaint be dismissed with prejudice. _ COUNT II WILLIAM STONECIPHER v. JANINE PARK LOSS OF CONSORTIUM 17. Defendant Janine Park incorporates her Answers to Paragraphs one (1) through sixteen (16) of Plaintiffs' Complaint by reference as if fully set forth at length herein. 18. The averments set forth in Paragraph 18 of Plaintiffs' Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is DENIED Defendant Janine Park negligently or carelessly caused or contributed to Plaintiff, William Stonecipher, suffering the loss of services and companionship and consortium of his wife, Plaintiff, Laura V. Bright-Stonecipher. WHEREFORE, Defendant Janine Park respectfully requests that this Honorable Court enter judgment in her favor, and against the Plaintiffs, and that Plaintiffs' Complaint be dismissed with prejudice. 6 NEW MATTER 19. Defendant Janine Park hereby incorporates her Answers to Paragraphs one (1) through eighteen (18) of Plaintiffs' Complaint by reference as if fully set forth at length herein. 20. Plaintiffs' Complaint may fail to state a cause of action upon which relief can be granted under Pennsylvania law. 21. Discovery may show that Plaintiffs' claims are barred and/or limited by the Pennsylvania Comparative Negligence Act. 22. Discovery may show that Plaintiffs' claims are barred by the assumption of risk and/or her contributory negligence. 23. Discovery may show that the contributory negligence of Plaintiff Laura V. Bright- Stonecipher was the sole and proximate cause of Plaintiff's injuries. 24. Plaintiffs' cause of action, the existence of which is DENIED, may be barred by the applicable statutes of limitations under Pennsylvania law. 25. Future discovery may show that the negligent acts or omissions of others may have constituted intervening, superseding causes of the damages and/or injuries alleged to have been sustained by the Plaintiff. 26. Discovery may show that the claimed injuries and/or damages of Plaintiff, the existence of which are DENIED, were caused in whole or in part by acts or omissions of another or others for whom Defendant Janine Park was not responsible and whose conduct Defendant Janine Park had no reason to anticipate. 27. Defendant Janine Park is not responsible for the actions of any other parties whose conduct may have caused or contributed to the injuries complained of in Plaintiffs' Complaint. 7 28. Discovery may show that the alleged actions and omissions of Defendant Janine Park was not a substantial factor, or was an insignificant factor, or was not a legal factor in causing or contributing to Plaintiff's alleged injuries and damages, if any. 29. Discovery may show that Plaintiff's alleged injuries and damages, if any, were not caused or aggravated by the acts or omissions of Defendant Janine Park but, rather, were pre- existing, or caused by something other than the collision on or about April 28, 2007. 30. As discovery may show, Plaintiff's recovery may be barred or limited by the affirmative defenses of waiver, release, immunity, settlement, accord and satisfaction, the terms of a contract or agreement, arbitration and award, collateral estoppel and/or equitable estoppel, and laches. 31. Discovery may show recovery for Plaintiffs alleged injuries and damages, if any, are barred or limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility law, 75 Pa. C.S. § 1701, et. seq., including, but not limited to, the sections relating to the limited tort provision, the provision that bars recovery of medical expenses and wage loss benefits paid or payable by insurance, and/or the provisions that reduce the recoverable amount of damages. 32. Discovery may show that Plaintiff, if she suffered any injuries at all, did not suffer any permanent loss of a bodily function, permanent disfigurement, or permanent dismemberment, and may be precluded from recovering damages for pain and suffering. 33. Discovery may show that Plaintiff, Laura V. Bright-Stonecipher, was negligent per se for violating the provisions of the Pennsylvania Motor Vehicle Code, including: (a) 75 Pa. C.S. §§ 3361 (relating to driving vehicle at safe speed) 3362, 3363; (b) 75 Pa C.S. § 3714 (relating to careless driving); and 8 (c) 75 Pa. C.S. § 3736 (relating to reckless driving). 34. Any damages, injuries, and losses allegedly sustained by the Plaintiff may have been due to the negligence, carelessness and/or recklessness of Plaintiff, in that she: (a) operated her vehicle at an excessive rate of speed under the circumstances; (b) operated her vehicle in careless disregard for the safety of persons and/or property; (c) failed to alert Defendant Janine Park of her approach; (d) failed to have headlights on; (e) drove her vehicle at a speed greater than is reasonable and prudent under the conditions, and by not having regard for the actual and potential hazards then existing; M failed to observe other vehicles on the roadway; (g) failed to operate her vehicle in accordance with existing traffic conditions; (h) failed to drive at a speed and in the manner that would have enabled her to stop within the assured clear distance ahead; (i) failed to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; 0) failed to keep her vehicle under proper and adequate control so as not to expose other users to an unreasonable risk of harm; (k) failed to keep a proper lookout; (1) failed to see Defendant's vehicle which was in open view; (m) failed to take appropriate evasive action; and (n) created an emergency situation. 9 35. At the time of the accident, Defendant may have been confronted with a situation that was an unforeseeable and beyond her control. 36. The accident referred to in Plaintiffs' Complaint may have been avoidable by the Plaintiff. 37. Defendant Janine Park asserts that this action may be barred by the Doctrines of res judicata and/or collateral estoppel, which are asserted herein. WHEREFORE, Defendant Janine Park respectfully requests that this Honorable Court enter judgment in her favor, and against the Plaintiffs, and that Plaintiffs' Complaint be dismissed with prejudice. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: ) -), F 0 7 Attorney I.D o.s76434 Todd B. N ol, Equire Attorney .D. No.: 42136 305 North Front Street, 6a' Floor P.O. Box 999 Harrisburg, PA 17108 717-441-3960 rrunoyer@tthlaw.com Attorneys for Defendant Janine Park 10 VERIFICATION I, Janine Park, state that I have read the foregoing ANSWER OF DEFENDANT JANINE PARK TO PLAINTIFFS' COMPLAINT TOGETHER WITH NEW MATTER which has been drafted with the assistance of counsel. The factual statements contained therein are true and correct to the best of my information, knowledge and belief. Where the language is that of counsel and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this verification. This statement is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. Date: C1 Ll?? PC-/ Janine CERTIFICATE OF SERVICE 7? On this A? day of May, 2009, I Jennifer L. Deitch, Legal Secretary, with the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have, this day, served a true and correct copy of the ANSWER OF DEFENDANT JANINE PARK TO PLAINTIFFS' COMPLAINT TOGETHER WITH NEW MATTER upon the person(s) and at the address(es) below named via United States First Class Mail, postage prepaid, in Harrisburg, PA: Gerard C. Kramer, Esquire Schmidt Kramer, PC 209 State Street Harrisburg, PA 17101 Attorney for Plaintiffs Je ifer L. D itch, Legal Secretary to Marc A. Moyer :692761.1 l!..i, ,..._ _. ?- vl..il' "?. ? . LAURA V. BRIGHT-STONECIPHER and WILLIAM STONECIPHER, her husband, Plaintiffs V. JANINE PARK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 09-2049 CIVIL TERM : CIVIL ACTION -LAW JURY TRIAL DEMANDED STIPULATION BETWEEN PLAINTIFFS LAURA V. BRIGHT-STONECIPHER AND WILLIAM STONECIPHER AND DEFENDANT JANINE PARK TO STRIKE PARAGRAPH 91. FROM PLAINTIFFS' COMPLAINT It is hereby stipulated by the undersigned counsel of record that Paragraph 91 shall be stricken from Plaintiffs' Complaint. SCHMIDT KRAMER, PC rard C. Kramer, Esquire Attorney I.D. #: 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiffs Laura V. Bright-Stonecipher and William Stonecipher THOMAS, THOMAS & HAFER, LLP MM c A, oyer, Esquire Attorn I.D. #: 76434 305 rth Front Street P.O. ox 999 Harrisburg, PA 17108-0999 (717) 237-7100 Attorneys for Defendant Janine Park I? CERTIFICATE OF SERVICE On this 4 day of May, 2009, I, Jennifer L. Deitch, a legal secretary with the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have, this day, served a true and correct copy of the STIPULATION BETWEEN PLAINTIFFS LAURA V. BRIGHT- STONECIPHER AND WILLIAM STONECIPHER AND DEFENDANT JANINE PARK TO STRIKE PARAGRAPH 91. FROM PLAINTIFFS' COMPLAINT document upon the person(s) and at the address(es) below named by United States First Class Mail, postage prepaid, in Harrisburg, PA: Gerard C. Kramer, Esquire Schmidt Kramer, PC 209 State Street Harrisburg, PA 17101 Attorney for Plaintiffs Jenn er L. De ch, Legal Secretary to Marc A. Moyer, Esquire :699236.1 CiJii?Ci,i t is R SCHMIDT KRAMER PC BY: Gerard C. Kramer, ESQUIRE I.D. #44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) gkrame 1schmidtkramer.com LAURA V. BRIGHT-STONECIPHER and WILLIAM STONECIPHER, her husband, Plaintiff V. JANINE PARK, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA No. 09-2049 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER AND NOW, come the Plaintiffs, Laura V. Bright-Stonecipher and William Stonecipher, her husband, by and through their attorneys, SCHMIDT KRAMER PC, and respectfully sets forth as follows: 19. Paragraph 19 incorporates paragraphs 1 through 18 of the Plaintiff's Complaint as through fully set forth as length herein. 20. Paragraph 20 states a conclusion of law to which no responsive pleading is necessary. 21. Paragraph 21 states a conclusion of law to which no responsive pleading is necessary. 22. Paragraph 22 states a conclusion of law to which no responsive pleading is necessary. 23. Paragraph 23 states a conclusion of law to which no responsive pleading is necessary. t 24. Paragraph 24 states a conclusion of law to which no responsive pleading is necessary. 25. Paragraph 25 states a conclusion of law to which no responsive pleading is necessary. 26. Paragraph 26 states a conclusion of law to which no responsive pleading is necessary. 27. Paragraph 27 states a conclusion of law to which no responsive pleading is necessary. 28. Paragraph 28 states a conclusion of law to which no responsive pleading is necessary. 29. Paragraph 29 states a conclusion of law to which no responsive pleading is necessary. 30. Paragraph 30 states a conclusion of law to which no responsive pleading is necessary. 31. Paragraph 31 states a conclusion of law to which no responsive pleading is necessary. 32. Paragraph 32 states a conclusion of law to which no responsive pleading is necessary. 33. Paragraph 33 states a conclusion of law to which no responsive pleading is necessary. 34. Denied. a) It is spe cifically denied that the Pla intiff was operating her vehicle at an exce ssive rate of speed, in fact, Pl aintiff was not operating her vehicle at an excessiv e rate of speed and the speed of the Plaintiff's vehicle had nothing to do with the cause of the accident and injuries; b) It is specifically denied that the Plaintiff was operating her vehicle in a careless disregard for safety of other persons and/or property; c) It is specifically denied that the Plaintiff failed to alert Defendant Janine Park of her approach or had any obligation to alert Defendant Janine Park of her approach; d) It is specifically denied that the Plaintiff did not have her headlight on or had any obligation to have her headlights on at the time of the accident at 1:15 in the afternoon when there are no adverse conditions; e) It is specifically denied that the Plaintiff was operating her vehicle at a speed greater than reasonable and prudent under the circumstance or that the speed of the Plaintiff's vehicle had anything to do with the cause of this accident; f) It is specifically denied that the Plaintiff failed to observe vehicles that were legally on the highway, Defendant was no on a highway but in a parking lot; g) It is specifically denied that the Plaintiff failed to operate her vehicle in accordance with the existing traffic conditions and controls; h) It is specifically denied that the Plaintiff failed to drive at a speed that would have enabled her to stop within the assured cleared distance ahead, the Defendant's action constituted a sudden emergency thrust into the path of the assured cleared distance causing the accident; i) It is specifically denied that the Plaintiff failed to keep a proper and adequate lookout and the answer to subparagraph f is incorporated; j) It is specifically denied that the Plaintiff failed to keep her vehicle under proper and adequate control, in fact the Plaintiff was driving under control but was confronted with the Defendant's vehicle pulling out without yielding the right of way; k) It is specifically denied that the Plaintiff failed to keep a proper lookout, Plaintiff was keeping a proper lookout but was unable to avoid the Defendant's vehicle which was thrust into her path; 1) It is specifically denied that the Plaintiff failed to see the Defendant's vehicle. The Plaintiff saw the Defendant's vehicle when the Defendant pulled out directly into the path of the Plaintiff's vehicle allowing no opportunity to avoid the accident; m) It is specifically denied that the Plaintiff failed to take evasive action, Plaintiff attempted to evade the accident; and n) It is specifically denied that the Plaintiff created the emergency situation; the emergency situation was created by the Defendant's actions. The Defendant pulled out without yielding to vehicles properly on the roadway. 35. Paragraph 35 states a conclusion of law to which no responsive pleading is necessary. 36. Paragraph 36 states a conclusion of law to which no responsive pleading is necessary. 37. Paragraph 37 states a conclusion of law to which no responsive pleading is necessary. WHEREFORE, the Plaintiffs, Laura V. Bright-Stonecipher and William Stonecipher, request that the new matter be dismissed DATED: ? /Y/? 7 Respectfully submitted SCHMIDT KRAMER PC BY Cy?rard C. Kramer /Attorney at Law Attorney I.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION OBTAINED THROUGH COUNSEL I, LAURA V. BRIGHT-STONECIPHER, verify that I am the Plaintiff in the foregoing action and that the attached Plainitiff's Answers to Defendant's New Matter is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of the Complaint to the extent that it is based upon information that I have given to my counsel is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Complaint are that of counsel, I relied upon counsel making this Verification. I understand that intentional false statements herein are subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications to authorities. Date: ` LAURA V. BRIGH -STONECIPHER CERTIFICATE OF SERVICE " ? AND NOW, this day of VLJC-- , 2003, I, Gerard C. Kramer, Esquire, counsel for the Plaintiff, hereby certify that I have, this day, served a copy of the foregoing Plaintiff's Answer to Defendant's New Matter by serving a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Mr. Marc A. Moyer, Esquire Thomas Thomas 8v Haffer LLP 305 N. Front Street, 6th Fl. P.O. Box 999 Harrisburg, PA 17108 Respectfully submitted, SCHMIDT KRAMER PC By: Gerard C. Kramer I.D.# 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff OF THE FlLED-ORCE Y 209 JUN -5 PH 3: 06 CUME r ENNZ;'' 4A1,'A, Thomas, Thomas & Hafer, LLP Marc A. Moyer, Esquire Attorney LD. No. 76434 Todd B. Narvol, Esquire Attorney I.D. No. 42136 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 441-3960 - direct mmoyer@tthlaw.com (717) 237-7133 -direct tnarvol@tthiaw.com (717) 237-7105 -fax Attorneys for Defendant Janine Park LAURA V. BRIGHT-STONECIPHER and WILLIAM STONECIPHER, her husband, Plaintiffs v. JANINE PARK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-2049 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party on or about July 8, 2009 to serve subpoenas upon the following: State Farm, Family Supports of Central PA, YMCA, CPARC, Hampden Township Police Department, Dr. William Phelan, Carlisle Regional Medical Center Pain Clinic, George Ong, M.D., Women's Healthcare Specialists of Carlisle, Holy Spirit Hospital, Hampden EMS, Appalachian Orthopedic Center, Walnut Bottom Radiology, Carlisle Regional Medical Center, Alexander Spring Rehab, Heritage Diagnostic Center, Robert Levy, M.D./Carlisle Digestive Disease Associates, Hershey Medical Center, and Carlisle Cardiology Associates. 2. A true and correct file copy of the Notice of Intent, including a copy of the proposed subpoenas, is attached to this Certificate. 3. The twenty (20j day period for filing and serving objections to said subpoenas has been waived by counsel for Plaintiffs as evidenced by the attached correspondence. 4. The subpoenas which will be served are identical to the subpoenas attached to the Notice of Intent. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date r ~ \ B ~ "" ~`~ ~ rl~ Marc A. er, Esquire Attorneys for Defendant .4 Thomas, Thomas & Hafer, LLP Todd B. Narvot, Esquire Attorney I.D. No. 42136 Marc A. Moyer, Esquire Attorney I.D. No. 76434 305 N. Front Street P.O. Box 999 I-Iarrisburg, PA 17108-0999 LAURA V. BRIGHT-STONECIPHER and WILLIAM STONECIPHER, her husband, Plaintiffs v. JANINE PARK, Defendant (717) 237-7133 - duect tnarvol@tthlaw.com (717) 44]-3960 - duect mmoyer@tthlaw.com (717) 237-7105 -fax Attorneys for Defendant Janine Park IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-2049 CIVIL TERM CNIL ACTION -LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO ISSUE SUBPOEI~TAS TO PRODUCE DOCUMENTS A1VD THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 `' TO: Counsel for Plaintiff Defendant intends to serve subpoenas upon the following: - State Farm; - Family Supports of Central PA; - YMCA; - CPARC; - Carlisle Cardiology Associates; - Hershey Medical Center; - Robert Levy, M.D./Carlisle Digestive Disease Associates; - Heritage Diagnostic Center; - Alexander Spring Rehab; - Carlisle Regional Medical Center; - Walnut Bottom Radiology; - Appalachian Orthopedic Center; - Hampden EMS; - Holy Spirit Hospital; - Women's Healthcare Specialists of Carlisle; - George Ong, M.D.; - Carlisle Regional Medical Center Pain Clinic; - Dr. William Phelan; and, - Hampden Township Police Department. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas will be served. Respectfully submitted, Jay ~~ zoos THOMAS, THOMAS & LLP C 2 LAURA V. BRIGHT-STONECIPHER IN THE COURT OF COMMON PLEAS OF and WILLIAM STONECIPHER, her :CUMBERLAND COUNTY, PENNSYLVANIA husband, Plaintiffs . NO.: 09-2049 CNIL TERM v. CNIL ACTION -LAW JANINE PARK, Defendant :JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: State Farm, POB 41. Concordville, PA 19331-0041 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 clauns file materials including but not limited to medical records. low notes. claims rrlformationL payout information, and all other documents without limitation. with respect to the following claims• DOL 4/28/07; Claim No 38L218459 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA TELEPHONE: (717) 441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Defendant 17108-0999 BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy LAURA V. BRIGHT-STONECIPHER and WILLIAM STONECIPHER, her husband, Plaintiffs v. JANINE PARK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-2049 CNIL TERM CNIL ACTION -LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Family Suutiorts of Central PA, 3700 Vartan Wav, 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: Comylete cove of the entire emplo ent/personnel file re~ardin~ LAURA V. BRIGHT-STONECIPHER (DOB 4/30/64) including but not limited ta: aU _medical records correspondence, notes p~vroll slips wage information ayvlication for employment grievancesLperformance teviewsLiob description, documents 1~reyared for any and all accidents involving Plaintiff while worldng,W2s from 3 years prior to date of loss ~4/28/O?I and from date of loss 4/l 28/07) to the present all worker's comyensation documents. etc You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek ifl 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: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717} 441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy LAURA V. BRIGHT-STONECIPHER and WILLIAM STONECIPHER, her husband, Plaintiffs v. JANINE PARK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-2049 CNIL TERM CNIL ACTION -LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS. OR THINGS FOR DISCOVERY PURSUANT TO RULE 4409.22 TO: YMCA, 123 Forester Street, 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: Complete copy of the entire em~ylovment/personnel fle regarding LAURA V. BRIGHT-STONECIPHER (DOB 4/30/641 including but not limited to: al! medical records correspondence, notes~yavroU sli~vs, wage information application for employment, grievances, performance reviews iob description= documents preyared for any and all accidents involving Plaintiffwhile working, W2s from 3,vears prior to date of loss (4/28/07) and hom date of loss (4/28/07) to the present al! worker's compensation documents. etc. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compe}ling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy LAURA V. BRIGHT-STONECIPHER and WILLIAM STONECIPHER, her husband, Plaintiffs v. JANINE PARK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-2049 CNIL TERM CNIL ACTION -LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CPARC. 71 Ashland Drive. Carlisle. PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copy of the entire employment/~nersor~nel Sle regarding LAURA V. BRIGHT-STONECIPHER DOB 4/30/641 including but not limited to: _all medical records correspondence notesLpavroll slips, wage information anylication for emnlovment. grievancesLperformance reviews, iob description, documents mrenared for any and all accidents involving Plamtiffwhile worlarng, W2s from 3, eY ars prior to date of loss /4/28/07) and from date of loss (4/28/07 to the present all worker's comyensation documents. etc You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy LAURA V. BRIGHT-STONECIPHER and WILLIAM STONECIPHER, her husband, Plaintiffs v. JANINE PARK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-2049 CIVIL TERM CNIL ACTION -LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Cardiology Associates Belvedere Medical Center 850 Walnut Bottom Road, Suite 102 Carlisle, PA 17013 Within twenty (24) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a com lete copy of the entire medical chart/frle regarding Laura V. Bright-Stonecipher (DOB 4/30/64) including but not limited to• office notes, doctor's records/reports/correspondence/notes/memoranda hospital records/reports, Dhvsical therapy records/reports. radiological reports and films (i e,~vs MRIs, CT scans etc )Lprescriptions~ telephone call messages, correspondence, nos cy hological and/or psychiatric records, re~norts/correspondence/notes etc from her very Srst visit to the present. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy LAURA V. BRIGHT-STONECIPHER IN THE COURT OF COMMON PLEAS OF and WILLIAM STONECIPHER, her :CUMBERLAND COUNTY, PENNSYLVANIA husband, . Plaintiffs NO.: 09-2049 CIVIL TERM v. . CIVIL ACTION -LAW JANINE PARK, . Defendant :JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hershey Medical Center. 500 University Drive, Hershey, PA 17033 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of the entire medical chart/file regarding Laura V. Bright-Stonecipher (DOB 4/30/64) including but not limited to• office notes, doctor's records/reports/correspondence/notes/memoranda hospital records/reports, physical therapy records/reports radiological reports and frlms (i e,~ys, MRls CT scans etc) prescriptions telephone call messages, correspondence ,psychological and/or psychiatric records reports/correspondence/notes etc from her very first visit to the present. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy LAURA V. BRIGHT-STONECIPHER and WILLIAM STONECIPHER, her husband, Plaintiffs v. JANINE PARK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-2049 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009..22 TO: Robert Levy, M.D./Carlisle Digestive Disease Associates 241 Alexander Spring Road Carlisle, PA 17015 Within twenty (20~ days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of the entire medical chart/file rung Laura V. Bright-Stonecipher (DOB 4/30/64) including but not limited to• office notes, doctor's records/reports/correspondence/notes/memoranda hospital records/reports, nhvsical therapy records/reports. radiological reports and Elms (i e, x ram. MRls CT scans, etc) prescriptions, teleyhone cal! messages, correspondence ps chv ological and/or nsvchiatric records. reports/correspondence/notes etc from her very first visit to the present. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy LAURA V. BRIGHT-STONECIPHER and WILLIAM STONECIPHER, her husband, Plauitiffs v. JANINE PARK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-2049 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Heritage Diagnostic Center. 3 Walnut Street, Line, PA 17043 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of the entire medical chart/SIe regarding Laura V. Bright-Stonecipher (DOB 4/30/64) including but not limited to• offce notes, doctor's records/reports/correspondence/notes/memoranda, hospital records/reports} physical therapy records/reports radiological reports and films ~i e, x ram MRls CT scans. etc.). prescriptions. telephone call messages correspondenceLp~svcbological and/or psychiatric records reports/correspondence/notes, etc from her very first visit to the present. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents ox 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: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy LAURA V. BRIGHT-STONECIPHER and WILLIAM STONECIPHER, her husband, Plaintiffs v. JANINE PARK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-2049 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4409.22 TO: Alexander Siring Rehab, l Tvler Courts Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete co~v of the entire medical chart/file rewarding Laura V. Bri~bt-Stonecipher (DOB 4/30/64 including but not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda, hospital records/reports, pbvsical therapy records/reports. radiological reports and films (i. e.. x-ram. MRls, CT scans. etc. )Lprescriptions. telephone call messages. correspondence. psychological and/or psychiatric records, reports/correspondence/notes. etc. from her verX Srst visit to the You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717} 441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DA Seal of the Court Prothonotary/Clerk, Civil Division Deputy LAURA V. BRIGHT-STONECIPHER IN THE COURT OF COMMON PLEAS OF and WILLIAM STONECIPHER, her :CUMBERLAND COUNTY, PENNSYLVANIA husband, Plaintiffs NO.: 09-2049 CNIL TERM v. CNIL ACTION -LAW JANINE PARK, Defendant :JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Regional Medical Center, 361 Alexander Spring Road, Carlisle, PA 17015 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of the entire medical chart/file rung Laura V. Bri~bt-Stonecinber (DOB 4/30/64) Including but not limited to: office notes. doctor's records/reports/correspondence/notes/memoranda, hospital records/reports, nhvsical tberapv records/reports. radiological reports and frlms (i. e., x-rays. MRls, CT scans. etc.Zprescriptions. telephone call messages. correspondenceLps cv bologica! and/or Dsychiatric records~eports/correspondence/notes, etc. from her very first visit to the present. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DA' Seal of the Court Prothonotary/Clerk, Civil Division Deputy LAURA V. BRIGHT-STONECIPHER and WILLIAM STONECIPHER, her husband, Plaintiffs v. JANINE PARK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-2049 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FORDISCOVERY PURSUANT TO RULE 4009.22 TO: Walnut Bottom Radiology Belvedere Medical Center 850 Walnut Bottom Road Carlisle, PA 1703 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of the entire medical chart/file reeardirig Laura V. Bright-Stonecipher (DOB 4/30/64) including but not limited to• ofSce notes, doctor's records/reports/correspondence/notes/memoranda, hospital records/reports, Dhvsical therapy records/rep rts, radiolo ical reports and Elms (i e, x-rays, MRIs, CT scans. etc. ). prescriptions. telenbone call messages correspondence psychological and/or Dsychiatric records. reports/correspondence/notes. etc. from her very first visit to the Dtesent. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy LAURA V. BRIGHT-STONECIPHER and WILLIAM STONECIPHER, her husband, Plaintiffs v. JANINE PARK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-2049 CNIL TERM C1VIL ACTION -LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009..22 TO: Appalachian Orthopedic Center, l Dunwoody Drive, Carlisle, PA 17015 Within twenty (ZO) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of the entire medical chart/file regarding Laura V. Bright-Stonecipher (DOB 4/30/64) including but not limited to: office notes= doctor's records/reports/correspondence/notes/memoranda, hospital records/repports, Dhvsical therapy records/reports. radiological reports and Elms (i. e.. x-rates. MRls. CT scans. etc.Lprescriptions. telephone call messages. correspondence, psychological and/or psychiatric records. reports/correspondence/notes. etc, from her very first visit to the Dtesent. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA TELEPHONE: (717) 441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court 17108-0999 Prothonotary/Clerk, Civil Division Deputy LAURA V. BRIGHT-STONECIPHER and WILLIAM STONECIPHER, her husband, Plaintiffs v. JANINE PARK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-2049 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hampden EMS, 295 S. Sporting Hill Road, Mechanicsburg, PA 17050 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of the entire medical chart/file re~artling Laura V, Bright-Stonecipher .(DOB 4/30/641 including but not limited to• office notes doctor's records/reports/correspondence/notes/memoranda hospital records/reports, physical thera~v records/reports radiological reports and films~i e, x ram MRIs CT scans. etc) prescriptions telephone call messages correspondence,_.,ps cv hological and/or psychiatric records. reports/correspondence/notes, etc from ber very Srst visit to the present. including but notlimited to Date ofService, 4/28/07 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy LAURA V. BRIGHT-STONECIPHER and WILLIAM STONECIPHER, her husband, Plaintiffs v. JANINE PARK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-2049 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HolLpirit Hospital. 502 N. 2181 Street, Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of the entire medical chart/file regarding Laura V. Bright-Stonecipher (DOB 4/30/64) including but not limited to: ofiS'ce notes, doctor's records/reports/correspondence/notes/memoranda, hospital records/reports, physical therapy records/reports. radiolo ic~eyorts and films (i. e.. x-taus, MRIs, CT scans. etc. j^prescriptions. telephone call messages. correspondence. psychological and/or psychiatric records. reports/correspondence/notes, etc. from her very first visit to the yresent. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy LAURA V. BRIGHT-STONECIPHER and WILLIAM STONECIPHER, her husband, Plaintiffs v. JANINE PARK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-2049 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Women's Healthcare Specialists of Carlisle 19 Sprint Drive, Suite 2 Carlisle, PA 17015 Within twenty (20} days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of the entire medical chart/file regarding Laura V. Bright-Stonecipher (DOB 4/30/64) including but not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda hospital records/reports, physical therapy records/reports, radiological reports and films (i. e., x-revs MRls, CT scans etc ~ prescriptions, telephone call messages correspondence ps cv hological and/or psvcbiatric records. reports/correspondence/notes, etc. hom her very first visit to the present. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA TELEPHONE: (717) 441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court 17108-0999 Prothonotary/Clerk, Civil Division Deputy LAURA V. BRIGHT-STONECIPHER and WILLIAM STONECIPHER, her husband, Plaintiffs v. JANINE PARK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-2049 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: George Ong, M.D., 850 Walnut Bottom Road, Suite 301, Carlisle, PA 17013 Within twenty (20} days after service of this subpoena, you are ordered by the court to produce the fo}Iowing documents or things: a complete copy of the entire medical chart/Sle regarding Laura V. Bright-Stonecipher (DOB 4/30/64) including but not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda hospital records/reports, pbvsical tberapv records/reports. radiological reports and fibres (i.e..~~. MRls. CT scans. etc. Zprescriptions. telephone call messages. correspondence. psychological and/or psychiatric records, reports/correspondence/notes. etc. from her very first visit to the present. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20} daps 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: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy LAURA V. BRIGHT-STONECIPHER and WILLIAM STONECIPHER, her husband, Plaintiffs v. JANINE PARK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-2049 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Regional Medical Center Pain Clinic, 31 Sprint Drive, Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of the entire medical chart/frle regarding Laura V. Bright-Stonecipher (DOB 4/30/64) including but not limited to: office notes, doctor's records/reports/corresyondence/notes/memoranda. hospital records/reports, nhvsical tberapv records/reports. radiological reports and frlms (i. e., x-ram, MRIs CT scans etc 1 prescriptions telephone call messages, correspondenceLpsvcbological and/or nsvchiatric records. reports/correspondence/notes. etc. from her very first visit to the present. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717} 441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy LAURA V. BRIGHT-STONECIPHER and WILLIAM STONECIPHER, her husband, Plaintiffs v. JANINE PARK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-2049 CNIL TERM CNIL ACTION -LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS DR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. William Phelan, 2 Tyler Court, Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of the entire medical chart/file regarding Laura V. Bri~hte, Stonecl~het (DOB 4/30/64) including but not limited to• office notes, doctor's records/reports/correspondence/notes/memoranda, hospital records/reports, Dhvsical therapy records/reports radiological reports and films (i e, x rates MRls CT scans etc) prescriptions telephone call messages, correspondence ps cv hological and/or Dsychiatric records reports/correspondence/notes, etc from het very Srst visit to the present. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20} days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA TELEPHONE: (717) 441-3960 ATTORNEY ID#: ?6434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court 17108-0999 Prothonotary/Clerk, Civil Division Deputy LAURA V. BRIGHT-STONECIPHER and WILLIAM STONECIPHER, her husband, Plaintiffs v. JANINE PARK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-2049 CNIL TERM CNIL ACTION -LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PiTRSUANT TO RULE 4009.22 TO: Hampden Township Police Department 230 S. Sporting Hill Road, Mechanicsburg, PA 17050 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or tBings: anv and all documents photographs, diagrams videotapes, audio tapes and/or al! other documentation inctudir~ investigations regarding Incident No HAM20070400740 for an accident which occurred on 4/28/07 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20} days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Notice of Intent to Issue Subpoenas to Produce Documents and Things for Discovery Pursuant to Mule 4009.21 was served b depositing the same in the United States 1Vlail, postage prepaid, at Harrisburg, Pennsylvania, on the day of July 2009, on all counsel of record as follows: Gerard C. Kramer, Esquire Schmidt Kramer, PC 209 State Street Harrisburg, PA 17101 Attorney for Plaints THOMAS, THOMAS & HAFER, LLP Renee K. Coonradt, aralegal for Marc A. Moyer, Esquire 713121.1 3 1 u:~-~-~-E~ ~~ ~ ~ r~ r.,~ s j r;~.G~-~~ ^ 209 State Street Harrisburg, Pennsylvania 17101 717.232.6300 FAX 717.232.6467 www.schmidtkramer.com I NJU~RY LAWYERS July 21, 2009 Mr. Marc A. Moyer, Esquire Thomas Thomas 8v Haffer LLP 305 N. Front Street, 6th Fl. P.~. Sox 999 Harrisburg, PA 17108 Re: Laura V. Bright-Stonecipher and William Stonecipher v. Janine Park Cumberland County Docket No. 09-2049 CIVIL TERM Dear Marc: I have received your list of Subpoenas you plan to serve. I have no objection. to them and waive the 20 day waiting requirements. Enclosed please find the signed waiver. If you have any additional questions, please feel to call or write. Very truly yours, SCHMIDT KRAMER PC Berard C. Kramer Attorney at Law GCK/ anb Enclosure THOMAS, THOMAS & HAFERLLP I, Gerard C. Kramer, Esquire, counsel for Plaintiffs do hereby agree to waive the 20 Day Notice of Intent rule allowing counsel for Defendant to issue subpoenas to: - State Farm; - Family Supports of Central PA; - YMCA; - CPARC; - Carlisle Cardiology Associates; - Hershey Medical Center; - Robert Levy, M.D./Carlisle Digestive Disease Associates; - Heritage Diagnostic Centex; - Alexander Spring Rehab; - Carlisle Regional Medical Center; - Walnut Bottom Radiology; - Appalachian Orthopedic Center; - Hampden EMS; - Holy Spirit Hospital; - Women's Healthcare Specialists of Carlisle; - George Ong, M.D.; - Carlisle Regional Medical Center Pain Clinic; - Dr. William Phelan; and, - Hampden Township Police Department. DATE:~~~ C. Kramer, Esquire Smart. Resourceful. CERTIFICATE OF SERVICE I, RENEE. K. COONRADT, PARALEGAL of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Gerard C. Kramer, Esquire Schmidt Kramer, PC 209 State Street Harrisburg, PA 17101 Attorney for Plaintiffs THOMAS, THOMAS & HAFER, LLP o.,~ ~~1~ RENEE K. COONRADT, PARALEGAL 721695.1 T~.:. ;?(:Q r ~~';r _ .. , ti}I ~... 1 .. ~i ~._ ~i ""tt 1."~_,tir~ i' c I.w'~..'.r z 1 ~ ~ .~ SCHMIDT KRAMER PC ~ r ~ ' ~' ~~' ~ ~~ `~ r~t ~ ~'`~ ~ ~ ~~ ~`' BY: Gerard C. Kramer, ESQUIRE I.D. #44715 ~ ~ r~r~ r.~r • ^f: L~~f ~,~,° ?) ~~~3 ~~~ ..:~. 209 State Street ~, , ~ r ,,.,,-t~ ~ ~~' ` 4 ~ ~ ' `'~~ '~ ~ Harrisburg, PA 17101 ,F ~,' ~' ~ ' ~ (717) 232-6300 Attorneys for Plaintiff(s) ~kramer(~~i,schmidtkramer. com LAURA V. BRIGHT-STONECIPHER IN THE COURT OF COMMON PLEAS and WILLIAM STONECIPHER, her CUMBERLAND COUNTY, husband, PENNSYLVANIA Plaintiff . v. No. 09-2049 Civil Term JANINE PARK, CIVIL ACTION -LAW Defendant JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END PLEASE mark the above-captioned action settled, discontinued and ended, with prejudice. DATED: ~ -- l ~. ~( j Respectfully submitted SCHMIDT KRAMER PC BY ~`erard C. Kramer Attorney at Law Attorney I.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs