HomeMy WebLinkAbout01-4744
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001 - 17 t.j 1 CIVIL TERM
ANGELA DIANNE ZIMMERMAN,
PLAINTTIFF,
DONALD E. DONOVAN and
JUDY K. DONOVAN,
DEFENDANTS
CIVIL ACTION . LAW
PRAECIPE FOR A WRIT OF SUMMONS
TO CURTIS R. LONG, PROTHONOTARY:
Please enter my appearance on behalf of the Plaintiff and issue a Writ of Sununons against the defendants,
Donald E. Donovan and Judy K. Donovan. Please direct the Sheriff to serve the defendants as follows:
Mr. Donald E. Donovan
Ms. Jndy K. Donovan
13 Deer Drive
Newville, PA 17241
Respectfully submitted,
IRWIN, McKNIGHT & HUG
By:
Date: August 10,2001
To: DONALD E. DONOVAN and JUDY K. DONOVAN
You are hereby notified that Angela Dianne Zimmerman, the plaintiff, has commenced an action against
you which you are required to defend or a default iUdGt may be ~tered a~ainst yo .
tJ-O NO Y
By: (irl1Ip (, ') ;] Lr/l"-i ~ ~
DEPUTY ~
Date/lt:J/J IT- / (J
.2001
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-04744 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ZIMMERMAN ANGELA DIANNE
VS
DONOVAN DONALD E ET AL
SHAWN HARRISON
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS
was served upon
DONOVAN DONALD E
the
DEFENDANT
, at 1930:00 HOURS, on the 7th day of September, 2001
at 50 N HIGH ST #1
NEWVILLE, PA 17241
by handing to
DONALD DONOVAN
a true and attested copy of WRIT OF SUMMONS
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
7.80
.00
10.00
.00
35.80
So Answers:
r~r/<:~
R. Thomas Kline
09/10/2001
IRWIN MCKNIGHT
'\
Sworn and Subscribed to before By:
me this 1..1, tt::- day of
+-~~. .:un 1 A.D.
~ ()_ 7u,Ph" ~
Prothonotary
.
SHERIFF'S RETURN - REGULAR
CASE NO: 2001-04744 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ZIMMERMAN ANGELA DIANNE
VS
DONOVAN DONALD E ET AL
SHAWN HARRISON
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS
was served upon
DONOVAN JUDY K
the
DEFENDANT
, at 1930:00 HOURS, on the 7th day of September, 2001
at 50 N. HIGH ST #1
NEWVILLE, PA 17241
by handing to
DONALD DONOVAN
HUSBAND
a true and attested copy of WRIT OF SUMMONS
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
So Answers:
r~,-t:~
R. Thomas Kline
09/10/2001
IRWIN MCKNIGHT & HUGH S
Sworn and Subscribed to before
me this 1.2~ day of
l,,;r,--...Lh~ ~I A.D.
(J .
fl~ ()A YH, I#"~~
'-t /Prothonotary
By:
"
heriff
OIHB-00132
LAW OFFICES OF JACOBS & SABA
214 Senate Avenue, Suite 503
Camp HiD, PA 17011
Telephone Number: (717) 731-0988
Attome s for Defendants
ANGELA DIANNE ZIMMERMAN,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
No. 2001-4744
DoNALD E. DoNOVAN AND
JUDY K. DoNOVAN,
DEFENDANTS
CIVIL ACTION - LAw
JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
TO mE PROTHONOTARY:
Kindly enter my appearance in the above-captioned matter on behalf of the Defendants,
Donald E. Donovan and Judy K. Donovan.
Respectfully submitted,
LAW OFFlC~rF JACOBS~ &S A
~. i' _
J if 1; L-------
By: _/
Donald R. Dorer, Esquire
Attorney for Defendants
Identification No. 39126
Date: October 2. 2001
OIHB-00132
LAW OFFICES OF JACOBS & SABA
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attorne s for Defendants
ANGELA DIANNE ZIMMERMAN,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CuMBERLAND COUNTY, PENNSYLVANIA
VS.
No. 2001-4744
DONALD E. DONOVAN AND
JUDY K. DoNOVAN,
DEFENDANTS
CIVIL ACTION - LAw
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants
herein, and that he caused a true and correct copy of the attached Entrv of Aooearance to be
served by regular first class mail upon:
Date: October 2.2001
~arcusA.~cKmgh~Irr
Irwin, ~cKmght & Hughes
60 West Pomfret Street
"""'< PA 17013. . ... I
I )10 /1* ..
'. DJ;Ud R. Dorer, Esquire
Attorney for Defendants
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OIHB-00132
LAW OFFICES OF JACOBS & SABA
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attome s for Defendants
ANGELA DIANNE ZIMMERMAN,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CuMBERLAND COUNTY, PENNSYLVANIA
VS.
No. 2001-4744
DONALD E. DoNOVAN AND
JUDY K. DoNOVAN,
DEFENDANTS
CMLAcrION-LAW
JURY TRIAL DEMANDED
PRAECIPE FOR RULE TO FILE COMPLAINT
TO THE PROTIlONOTARY:
Please enter a RULE upon plaintiff to fIle a C P" . ']ithin, 20 daYS" ,if or suffer
the entry of a Judgment of Non Pros. ','
/ j j I7\-/
,
d R. Dorer, Esqu1l'e
Date: October 2.2001 Attorney for Defendants
RULE TO FILE COMPLAINT
AND NOW, this ~day of {'Y.-/.r..l '917 , 2001 a RULE is hereby
entered upon the Plaintiff to fIle a Complaint herein within 20 days after service hereof or
suffer the entry of a Judgment of Non Pros.
PROTIlONOTARY
~
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OlHB-00132
...'....,.
LAW OFFICES OF JACOBS & SABA
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attorne s for Defendants
ANGELA DIANNE ZIMMERMAN,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
No. 2001-4744
DoNALD E. DoNOVAN AND
JUDY K. DONOVAN,
DEFENDANTS
CIVll.. ACTION - LAw
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants
herein, and that he caused a true and correct copy of the attached Praecioe for Rule to File
Complaint to be served by regular first class mail upon:
Marcus A. McKnight, ill
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
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Date: October 2.2001
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Donald R. Dorer, Esquire
Attorney for Defendants
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ANGELA DIANNE ZIMMERMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
2001-4744 CIVIL TERM
DONALD E. DONOVAN and
JUDY K. DONOVAN,
Defendants
JURY TRIAL DEMANDED
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint, order 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 money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
1-800-990-9108
Americans with Disabilities
Act of 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our
office. All arrangements must be made at least 72 hours prior to any hearing or business before the
court. You must attend the scheduled conference or hearing.
1
ANGELA DIANNE ZIMMERMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
2001-4744 CIVIL TERM
DONALD E. DONOVAN and
JUDY K. DONOVAN,
Defendants
JURY TRIAL DEMANDED
COMPLAINT
AND NOW, this 29th day of October 2001 come the plaintiff, Angela Dianne
Zimmerman, by and through her attorneys, Irwin, McKnight & Hughes, and makes the following
Complaint against the defendants, Donald E. Donovan and Judy K. Donovan:
I.
The plaintiff is Angela Dianne Zimmerman who is an adult individual residing at 15 Etter
Road, Newburg, Carlisle, Pennsylvania 17240.
2.
The defendants, Donald E. Donovan and Judy K. Donovan, are adult individuals residing
at 13 Deer Drive, Newville, Pennsylvania 17241.
3.
On August 26, 1999, the Plaintiff was travelling north on Pa Route 233 at approximately
5:30 a.m. in Penn Township, Cumberland County, Pennsylvania.
4.
The Plaintiff signaled a right hand turn into the parking area at the Penn Township
Building.
2
5.
The Defendant, Donald E. Donovan, was travelling directly behind the Plaintiff, driving a
Chevrolet pickup truck.
6.
Without warning, the Defendant struck the rear of the Plaintiff's 1990 Ford Probe
automobile which caused the Plaintiffs vehicle to swerve. The Defendant's vehicle then struck
the rear passenger door of the Plaintiffs vehicle. The Plaintiffs vehicle came to rest off the
highway facing in a southerly direction.
7.
The multiple impacts of the collision caused by the Defendant's vehicle severely damaged
the Plaintiff's automobile and caused the Plaintiff to sustain multiple physical injuries.
8.
The impact of the multiple collisions caused serious and permanent injuries to the
Plaintiff, Angela Zimmerman. They included injuries to her neck, head, jaw, back, arms, and
legs.
9.
The defendant, Donald E. Donovan, was the proximate cause of the accident and injuries
sustained by the plaintiff.
3
10.
The accident and injuries sustained by plaintiff was caused by the negligent, careless and
reckless actions of the defendant, Donald E. Donovan.
II.
The defendant, Donald E. Donovan, was acting as agent for the defendant, Judy K.
Donovan, and he is therefore responsible for the damages sustained by the plaintiff.
12.
Defendant's conduct was negligent, careless and reckless and with disregard and
indifference to the rights and well being of others and the plaintiff in that she was:
a. traveling too fast for conditions;
b. was unable to control his vehicle while driving on a state highway;
c. Failure to pay attention to the traffic in front of him and failure to pay attention
to the plaintiffs vehicle which was turning right directly in front of him;
d. Following too closely to the vehicle of the plaintiff and unable to avoid
the collision;
e. Failure to warn the plaintiff of the collision by sounding his horn;
f. Operating his vehicle in a careless manner and with reckless indifference
to the risk to the plaintiff;
g. Failure to adequately control his vehicle;
h. Failure to properly apply his brakes in order to avoid striking plaintiffs
vehicle; and
1. Failure to bring his vehicle to a safe stop.
4
13.
The negligent actions of the defendant, Donald E. Donovan, are the proximate cause of
the injuries to the plaintiff, Angela Dianne Zimmerman.
14.
The plaintiff, Angela Dianne Zimmerman, lost wages due to the injuries he sustained in
the accident.
15.
The plaintiff, Angela Dianne Zimmerman, seeks compensation for the pain and suffering,
emotional distress, embarrassment and loss of life's pleasures since the date of the accident as
well as compensation for future losses she will incur in these areas.
16.
The plaintiff, Angela Dianne Zimmerman, seeks compensation for the medical expenses
which he has occurred and may incur in the future to treat his injuries.
17.
The plaintiff, Angela Dianne Zimmerman, seeks compensation for the permanent irUuries
which he has sustained.
5
WHEREFORE, the plaintiff, Angela Dianne Zimmerman, requests compensation and
damages from the defendants, Donald E. Donovan and Judy K. Donovan, in the amount in
excess of Twenty-Five Thousand and no/I 00 ($25,000.00) Dollars with interest as permitted by
law and the costs of this litigation.
Respectfully submitted,
IRWIN, MCKNIGHT & HUGHES
By: Marcus A. McKn' t, III, Esquire
60 West Pomfret Stre
Carlisle, Pennsylvania 17013
(717) 249-2353
Supreme Court LD. No. 25476
Attorney for plaintiff
Date:
6
VERIFICATION
The foregoing document is based upon information which has been gathered by
counsel and myself in the preparation of this action. I have head the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unsworn falsification to authorities.
Date:~ 2ro\
ANGELA DIANNE ZIMMERMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
2001-4744 CIVIL TERM
DONALD E. DONOVAN and
JUDY K. DONOVAN,
Defendants
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Complaint
was served upon the following by depositing a true and correct copy of the same in the United
States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below
and addressed as follows:
Donald R. Dorer, Esq.
JACOBS & SABA
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
IRWIN, McKNIGHT & HUGHES
By: Marcus A. Mc
60 West Pomfret
Carlisle,PA 17013
(717) 249-2353
Supreme Court J.D. No. 25476
Date: October 29. 2001
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LAW OFFICES OF JACOBS & SABA
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attorne s for Defendants
ANGELA DIANNE ZIMMERMAN,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
No. 2001-4744
DONALD E. DONOVAN AND
JUDY K. DONOVAN,
DEFENDANTS
CIVIL ACTION - LAw
JURY TRIAL DEMANDED
RULE TO SHOW CAUSE
AND NOW, this day of .2002, upon consideration of the
'Within Petition of Defendants to Compel Answers to Interrogatories and Request for Production
. of Documents Addressed to the Plaintiff, a Rule is hereby issued upon the Plaintiff to show cause,
if any she may have, as to why the relief requested in said Petition should not be granted, with the
Plaintiff being compelled to provide full and complete responses to the Interrogatories and
Request for Production of Documents Addressed to the Plaintiff within thirty (30) days.
Rule Returnable within twenty (20) days upon service hereof
BY lHE COURT:
J.
Ol&B~0131>
LAW OFFICES OF JACOBS & SABA
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attorne s for Defendants
ANGELA DIANNE ZIMMERMAN,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
No. 2001-4744
DONALD E. DONOVAN AND
JUDY K. DONOVAN,
DEFENDANTS
CIVIL ACTION - LAw
JURY TRIAL DEMANDED
PETITION OF DEFENDANTS TO COMPEL
ANSWERS TO INTERROGATORIES AND REQUEST FOR PRODUCTION
OF DOCUMENTS ADDRESSED TO THE PLAINTIFF
AND NOW, comes the Defendants, Donald E. Donovan and Judy K. Donovan, who
through their counsel Donald R. Dorer, Esquire, Jacobs & Saba, Camp Hill, Pennsylvania,
respectfully state as follows:
1. The above referenced matter was commenced by the filing of a Writ of
Summons on or about August 10, 2001, with a true and correct copy of same being attached
hereto as Exhibit "A".
2. Thereafter, a Complaint was med on behalf of the Plaintiff on or about October
29, 2001, with a true and correct copy of same being attached hereto as Exhibit "B". The
Defendants, Donald E. Donovan and Judy K. Donovan, med Answer with New Matter of
Defendants, Donald E. Donovan and Judy K. Donovan, to Plaintiff's Complaint on or about
November 14, 2001, with a true and correct copy of same being attached hereto as Exhibit
"C".
3. The Defendants served Interrogatories and Request for Production of
Documents Addressed to the Plaintiff under cover of a letter dated October 2, 2001 by counsel
for the Defendants to counsel for the Plaintiff. A true and correct copy of the letter of October
2,2001, and the enclosed Interrogatories and Request for Production of Documents Addressed
to the Plaintiff, are attached hereto as Exhibit oD".
4. By letter dated December 13, 2001, counsel for the Defendants inquired of
counsel for the Plaintiff as to when responses to the Interrogatories and Request for Production
of Documents served on or about October 2, 2001 may be expected, with a true and correct
copy of the letter of December 13, 2001 being attached hereto as Exhibit "E".
5. By letter dated December 19, 2001, counsel for the Plaintiff indicated that he
would be meeting with his client and "...1 believe she will be able to complete the
Interrogatories in January 2002." A true and correct copy of the letter dated December 19,
2001 is attached hereto as Exhibit "P".
6. The Interrogatories and Request for Production of Documents served upon the
Plaintiff, and previously attached as Exhibit "D", are routine and appropriate written discovery
requests in a case involving a claim for personal injury allegedly arising out of a motor vehicle
collision.
7. To date, the Plaintiff has failed to serve any responses to the Interrogatories and
Request for Production of Documents Addressed to the Plaintiff, previously attached hereto as
Exhibit "D", nor have any objections been lodged by the Plaintiff, or her counsel, with regard
to the aforesaid discovery requests.
8. The failure of the Plaintiff to provide full and complete responses to the
Interrogatories and Request for Production of Documents Addressed to the Plaintiff,
previously attached hereto as Exhibit "0", is hindering and prejudicing the ability of the
Defendants to evaluate the merits of the claim of the Plaintiff with regard to either settlement
opportunities, or for expeditious trial preparation.
WHEREFORE, this Honorable Court is respectfully requested to issue a Rule upon the
Plaintiff to show cause, if any she may have, as to why the Plaintiff should not be ordered and
compelled to provide full and complete responses to the Interrogatories and Request for
Production of Documents, previously attached hereto as Exhibit "0", within thirty (30) days
hereof, and to grant such other and further relief as may appear just to the Court under the
circumstances.
Respectfully submitted,
LAW . F JACOBS 8rt
By, . I/l!
Donald R. Dorer, Esquire
Attorney for Defendants
Identification No. 39126
Date: March 18.2002
Exhibit A
14:50
71 75327151
.'\.NC':f.:t.." DIANNE ZIM:'\-lERMAN.
l'LAIl"iTTlI'I',
IN THJ;' rnlll'T nl' rnMMnN Pr..,A,~ o.
CU!Y(DERLAND COUNTY, rENN3YL..,'A!'I1A
v.
NO. 2001 - ~1-I..JL/ CIVIL TERI\I
nn('JAI n F.. nONOVAN and
.JUD.... K. DOt'iO~'AJ"lt
DEFENDANTS
crVlL ACTION - LAW
PRAECIPE FOR A WRIT OF SUM.MONS
TO CURTIS R. LONG. PROTHONOTARY:
Please enter my appe:1Iance on behalf of the Plaintiff and i~$ue a Writ of Summons agalIl~t tile defendants,
Donald E. Donovan and Judy K. Donovan. Please direct the Shenffto serve the defendants as follows:
Mr. Donald E, Donovan
Ms, Judy K. Donovan
13 Deer Drive
Newville, PA 17241
By:
[S
Date: August 10,2001
Marcu A. Mcl<.lrl1lht. III, ['q
60 Weat Porofr t Street, Carlisle,
(717) 249.2353 - reme
17013
.D. No: 25d76
To: DONALD E. DONOVAN and JUDY K. DONOVAN
You are hereby notified that Angela Dianne Zimmerman, the plaintiff, has commenced an action against
you which you are required to defend or a default judgme may be entered against you.
CJ1. , l..),
PROTHO ,T^&y
(}ml~A ~11A),O",,~ ~
DEPUTY
By:
Date!)11 fft1 D+ !l) 2001
---
Exhibit B
ANGELA DIANNE ZIMMERMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
2001-4744 CIVIL TERM
- ~. ...
DONALD E. DONOVAN and
JUDY K. DONOVAN,
Defendants
JURY TRIAL DEMANDED
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint, order 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 money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, OR CANNOT AFFO~ ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
1-800-990-9108
".
Americans with Disabilities
Act of 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our
office. All arrangements must be made at least 72 hours prior to any hearing or business before the
court. You must attend the scheduled conference or hearing. 'l.~~
~\)
TRUEOOPY FROM HE~ --
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.,J li'fIj f!!:...rM said Court It CaI1WI. Fe.
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
ANGELA DIANNE ZIMMERMAN,
Plaintiff
v.
2001-4744 CIVIL TERM
DONALD E. DONOVAN and
JUDY K. DONOVAN,
Defendants
JURY TRIAL DEMANDED
'C.
COMPLAI1\T
AND NOW, this 29th day of October 2001 come the plaintiff, Angela Dianne
Zimmerman, by and through her attorneys, Irwin, McKnight & Hughes, and makes the following
Complaint against the defendants, Donald E. Donovan and Judy K. Donovan:
I.
The plaintiff is Angela Dianne Zimmerm~ who is an adult individual residing at 15 Etter
Road, Newburg, Carlisle, Pennsylvania 17240.
2.
The defendants, Donald E. Donovan and Judy K. Donovan, are adult individuals residing
at 13 Deer Drive, Newville, Pennsylvania 17241.
3.
On August 26, 1999, the Plaintiff was travelling north on Pa Route 233 at approximately
5:30 a.m. in Penn Township, Cumberland County, Pennsylvania.
4.
---
The Plaintiff signaled a right hand turn into the parking area at the Penn Township
Building.
2
5.
The Defendant, Donald E. Donovan, was travelling directly behind the Plaintiff, driving a
Chevrolet pickup truck.
6.
Without warning, the Defendant struck the rear ofthe Plaintiff's 1990 Ford Probe
automobile which caused the Plaintiffs vehicle to swerve. The Defendant's vehicle then struck
the rear passenger door of the Plaintiffs vehicle. The Plaintiffs vehicle came to rest off the
highway facing in a southerly direction.
7.
The multiple impacts of the collision caused by the Defendant's vehicle severely damaged
the Plaintiff's automobile and caused the Plaintiffto sustain multiple physical injuries.
8.
The impact of the multiple collisions caused serious and permanent injuries to the
Plaintiff, Angela Zimmerman. They included injuries to her neck, head, jaw, back, arms, and
legs. -.
9.
The defendant, Donald E. Donovan, was the proximate cause of the accident and injuries
sustained by the plaintiff.
.....---
3
10.
The accident and injuries sustained by plaintiff was caused by the negligent, careless and
reckless actions of the defendant, Donald E. Donovan.
11.
,
The defendant, Donald E. Donovan, was acting as agent for the defendant, Judy K.
Donovan, and he is therefore responsible for the damages sustained by the plaintiff.
12.
Defendant's conduct was negligent, careless and reckless and with disregard and
indifference to the rights and well being of others and the plaintiff in that she was:
a. traveling too fast for conditions;
b. was unable to control his vehicle while driving on a state highway;
c. Failure to pay attention to the traffic in front of him and failure to pay attention
to the plaintiffs vehicle which was turning right directly in front of him;
d. Following too closely to the vehicle of the plaintiff and unable to avoid
the collision;
e. Failure to warn the plaintiff of the collision by sounding his horn;
f. Operating his vehicle in a careless manner and with reckless indifference
to the risk to the plaintiff;
g. Failure to adequately control his vehicle;
h. Failure to properly apply his brakes in order to avoid striking plaintiffs
vehicle; and
1. Failure to bring his vehicle to a safe stop.
....~---
4
13.
The negligent actions of the defendant, Donald E, Donovan, are the proximate cause of
the injuries to the plaintiff, Angela Dianne Zimmerman.
14.
The plaintiff, Angela Dianne Zimmerman, lost wages due to the injuries he sustained in
the accident.
15.
The plaintiff, Angela Dianne Zimmerman, seeks compensation for the pain and suffering,
emotional distress, embarrassment and loss of life's pleasures since the date of the accident as
well as compensation for future losses she will incur in these areas.
16.
The plaintiff, Angela Dianne Zimmerman, seeks compensation for the medical expenses
which he has occurred and may incur in the future to treat his injuries.
17.
The plaintiff, Angela Dianne Zimmerman, seeks compensation for the permanent injuries
which he has sustained.
--
5
-. 'WHEREFORE, the plaintiff, Angela Dianne Zimmerman, requests compensation and
damages from the defendants, Donald E. Donovan and Judy K. Donovan, in the amount in
excess of Twenty-Five Thousand and no/l00 ($25,000.00) Dollars with interest as permitted by
law and the costs of this litigation.
-
Respectfully submitted,
By:
Marcus
60 West omfret
Carlisle, Pennsyl
(717) 249-2353
Supreme Court J.D. No. 25476
Attorney for plaintiff
IRWIN, MC
Date: 0" I-v&.r .;If ~q() (
I
...--
6
VERIFICATION
The foregoing document is based upon information which has been gathered by
counsel and myself in the preparation of this action. I have head the statements made in this
_ do(;umen~ and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa, C.S.A. Section
4904, relating to unsworn falsification to authorities.
Date:19 0~ 2ro\
---
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
ANGELA DIANNE ZIMMERMAN,
Plaintiff
v.
2001-4744 CIVIL TERM
DONALD E. DONOVAN and
JUDY K. DONOVAN,
Defendants
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Marcus A, McKnight, Ill, Esquire, hereby certify that a copy of attached Complaint
was served upon the following by depositing a true and correct copy of the same in the United
States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below
and addressed as follows:
Donald R. Dorer, Esq.
JACOBS & SABA
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
By:
1
".
. Date: October 29. 2001
....,..-
Exhibit C
"
OlHB..()() 132
LAW OFFICES OF JACOBS & SABA
___2H.cS$nate Avenue, Suite 503
," Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attorne 5 for Defendants
ANGELA DIANNE ZIMMERMAN,
PI..AINTIFF
IN THE Cciim.T OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
. ~ -
....:'"
VS.
No. 2001-4744
DONALD E. DONOVAN AND
JUDY K. DONOVAN,
DEFENDANTS
CIVIL AcrION - LAw
JURY TRIAL DEMANDED
ANSWER WITH NEW MATTER OF DEFENDANTS, DONALD E. DONOVAN
AND JUDY K. DONOVAN, TO PLAINTIFF'S COMPLAINT
1. Admitted.
2. Admitted.
3. Admitted.
4.- 17. Denied. These paragraphs are generally denied pursuant to Fa.R.C.P.
~1029(e).
WHEREFORE, the Defendants respectfully pray this Honorable Court to dismiss
Plaintiff's Complaint, and to enter judgment against the Plaintiff and in favor of the .
Defendants.
NEW MAlTER
.:iIS=
~. -..
18. Paragraphs 1 through 17 are incorporated herein by reference, and made a part
hereof as if set forth in full.
19. Plaintiff's claims are barred in whole or in part by the provisions of the
Pennsylvania No-Fault Motor Vehicle Insurance Act and/or the Pennsylvania Motor Vehicle
Financial Responsibility Law.
.,,;1 ~.- ~ .
:.,
WHEREFORE, the Defendants respectfully pray this Honorable Court to dismiss
Plaintiff's Complaint, and to enter judgment against the Plaintiff and in favor of the
Defendants.
:;.-
Respectfully submitted,
/"1
/'
LAW 0
By: :
on d R. Dorer, uire
Attorney for Defendants
Identification No. 39126
Date: November 13. 2001
-:Pli=
.- -,.-
OlHB-00132
LAW OFFICES OF JACOBS & SABA
_ ,_2t~ ~~ate Avenue, Suite 503
>, Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attorne s for Defendants
ANGELA DIANNE ZIMMERMAN,
PLAINTIFF
IN 1HE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
~
VS.
No. 2001-4744
DONALD E. DONOVAN AND
JUDY K. DONOVAN,
DEFENDANTS
CIVILACTlON-LAW
JURY TRIAL DEMANDED
VERIFICATION
We, Donald E. Donovan and Judy K. Donovan, verify that the statements made in
the foregoing Answer with New Matter of Defendants. Donald E. Donovan and Judy K.
Donovan. to Plaintiff's Comolaint , which are within the personal knowledge of the
undersigned, are true and correct, and as to the facts based on the information of others, the
undersigned, after diligent inquiry, believe them to be true. And further, this Verification is
signed on the recommendation of my attorneys, who advise me that the allegations and
language in this document are required legally to raise issues for resolution at trial, by the
Court, or by continuing investigation and preparation for trial. We understand that some of
these allegations may prove inappropriate after investigation and trial preparation are complete
and we leave the detennination of these matters to my attorneys on their advice. -'.
We understand that all statements herein are made subject to the penalties of 18
he.SA 14904, remting to u"'~ M~_.
n."",;Joll-b-2OO( g1E ~
Donald E. Donovan
4" -..~
Dated: \\0\) G, J :J OD I
~.~ iUm,,,,,ci..
K. novan
~
NDV .. ~ zn~
OlHB..oo132
LAW OFFICES OF JACOBS & SABA
_ ,_" 21Jt,S,enate Avenue, Suite 503
>, Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attorne s for Defendants
ANGELA DIANNE ZIMMERMAN,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
~
,-
VS.
No. 2001-4744
DONALD E. DONOVAN AND
JUDYK. DONOVAN,
DEFENDANTS
CIVIL AcrION - LAw
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
Donald R. Dorer, Esquire, hereby certifie,s that he is the attorney for the Defendants
herein, and that he caused a true and correct copy of the attached Answer with New Matter of
Defendants. Donald E. Donovan and Judv K. Donovan. to Plaintiff s Comolaint to be served by
regular first class mail upon:
Marcus A. McKnight, III
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
Date: November 13. 2001
tt
/"
Donald R. Dorer, Esquire
Attorney for Defendants
~
~. ...,. .~-
Exhibit D
JACOBS & SABA
... (NOT'" PAIlTllERSmp)
214 SENATE AVENUE
SurrE 503
CAMP HILL, P A 17011
(717)731-0988
FAX: (717)731-0987
TDD (800) 622-%421
-:-- DoN"ALD1t.DoRER
GIR..i.Jm E. RlcKARDS*
ATTORNEYS
-CERTIFIED CML TRJALADVOCATE
NATIONAL BOARD or TRIA.L ADVOCACY
DENISE E. KAUFFMAN,
LmCATION PAllALEGAL
REFER To: 01HB-00132
October 2,2001
Marcus A. McKnight, ill
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
Re: Angela Dianne Zimmerman vs. Donald E. Donovan and Judy K. Donovan
Cumberland County: No. 2001-4744
Dear Mr. McKnight,
Please be advised that I will be representing the Defendants in the above referenced
matter. I enclose a copy of my Entry of Appeaiance and Praecipe for Rule to File Complaint
which I have med with the Court by mail this date. You may expect to receive the executed
Rule to File Complaint by certified mail.
Additionally, I enclose Interrogatories and Request for Production of Documents
Addressed to the Plaintiff. Kindly provide responses to these discovery requests pursuant to
the applicable Rules of Civil Procedure. If you so designate, you need not provide copies of
documents previously supplied to Nationwide.
-.
Your attention to this matter is most a~)iated.
S~irelY yo~rs,
. ~-----
./
;/
. Donald R. Dorer
DRD:dek
Enclosures
_.oe__.
--
.J~\.
Employees ofNationwi~ Mutual Insurance Company
Bethlehem' ~ Hill' Canonsburg' Doylestown. Oreeosburg' Media' Norristown. PIilladelphia' Wamnda1.' Wi1kos Bane
OIHB..()() 132
LAW OFFICES OF JACOBS & SABA
- 214 Senate Avenue, Suite 503
-. Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attorne s for Defendants
ANGELA DIANNE ZIMMERMAN,
PLA1NTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
No. 2001-4744
DONALD E. DONOVAN AND
JUDY K. DONOVAN,
DEFENDANTS
CIVIL ACTION - LAw
JURY TRIAL DEMANDED
REQUEST FOR PRODUCTION OF DOCUMENTS
UNDER Pa. R.C.P. 4009
ADDRESSED TO: Plaintiff, An2ela Dianne Zimmerman
You are directed to produce the following documents pertaining to the incident,
occurrence, or accident described in Plaintiff's Complaint for inspection and copying at the
offices of Jacobs & Saba, 214 Senate Avenue, Suite 503, Camp Hill, PA, 17011, pursuant to
Pennsylvania Rule of Civil Procedure 4009: _,
1. The entire contents of any and all claims and investigation mes prepared in this
matter, however labeled, excluding references to mental impressions, conclusions or opinions
representing the value or merit of the claim or defense, or respecting strategies or tactics in
privileged communications from counsel.
2. All statements, memoranda, or writings, whether signed or unsigned, of any and all
witnesses, including any and all statements, memoranda, and writings of Plaintiff.
3. All photographs, recordings, films, charts, sketches, graphs and diagrams taken
and/or prepared.
..:if1Sr...::
4. Reports of, or from, any and all experts who will testify at trial, or whom you
expect will testify at trial.
.-- ..;.:;;.. l'
5. All statements concerning this action or its subject matter previously made by any
party or witness pursuant to Pa. R.C.P. 4003.4.
6. All bills, receipts, reports, diagnosis (including x-ray and like diagnostic reports) or
prognosis and records of any and all medical, physical, psychiatric and! or psychological
treatmei1(by any doctor, hospital, psychologist, and psychiatrist, pharmacy or medical facility
for any injury, treatment or damage received by Plaintiff for any of the alleged incidents
referred to in Plaintiff's Complaint.
7. All bills of any kind incurred by Plaintiff as a result of the alleged incident,
occurrence, or accident.
8. All medical records, employer statements, IRS W-2 Forms, and Income Tax
Retnrns (for the preceding five (5) years), lost wages and!or employment records and all other
writings, including expert reports, establishing any claim Plaintiff may assert for lost earnings
and lost earning capacity and for any other fmanciallosses.
9. All documents, exhibits, or other tangible physical objects, and/or reports, of any
kind whatsoever that will be presented or introduced into evidence at time of trial.
Respectfully submitted,
LAwif: '; O','A7ft"'A
Iir. / f I
n d R. Dorer, Esquire'
Attorney for Defendants
Identification No. 39126
Date: October 2. 2001
~
",,' --~
OIHB..()()132
LAW OFFICES OF JACOBS & SABA
- 214 Senate Avenue, Suite 503
. Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attome s for Defendants
ANGELA DIANNE ZIMMERMAN,
PLA1NTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
No. 2001-4744
DONALD E. DONOVAN AND
JUDY K. DONOVAN,
DEFENDANTS
CIVIL ACTION - LAw
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
Donald R Dorer, Esquire, hereby certifie,s that he is the attorney for the Defendants
herein, and that he caused a true and correct copy of the attached Request for Production of
Documents of Defendants Addressed to the Plaintiff to be served by regular first class mail
upon:
Date: October 2. 200 I
Marcus A. McKnight, ill
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
1/ / [' .1/) ..
, tV \. L/ /:~._-
I ,/\. /--
I ' -
:.:Donald R Dorer, Esquire
Attorney for Defendants
.:;tsr-=
oIHfl~OI32,
LAW OFFICES OF JACOBS & SABA
-::: 214.Senate Avenue, Suite 503
Camp HilI, PA 17011
Telephone Number: (717) 731-0988
Attome s for Defendants
ANGELA DIANNE ZIMMERMAN,
PLA1NTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
No. 2001-4744
DONALD E. DONOVAN AND
JUDY K. DONOVAN,
DEFENDANTS
CIVIL ACTION - LAw
JURY TRIAL DEMANDED
INTERROGATORIES
ADDRESSED TO: Plaintiff, An2ela Dianne Zimmerman
The Defendants propound the following Interrogatories to be answered under oath
pursuant to Pa. R.C.P. 4005, 4006 by the Plaintiff within thirty (30) days after service.
The foregoing Interrogatories are to be regarded as continuing and you are requested to
provide, by way of supplementary answers thereto, such additional information as may
hereafter be obtained by you, or any person on your behalf, which will augment or otherwise
modify any answers now given to the foregoing Interrogatories pursuant to Pa. RC.P. 4007.4.
Such supplemental responses are to be served upon the Defendants seasoDllbly after receipt of
~-
... --~
such information.
1. PERSONAL INFORMATION:
PLEASE PROVIDE THE FOLLOWING INFORMATION FOR EACH PLAINTIFF INVOLVED IN
- 1WS 4-CTION:
(A) FuLL NAME AND ANY PRIOR NAMES USED FROM THE TIME OF THE INCIDENT FOR
WHICH THIS ACTION IS BROUGHT.
."
(B) CURRENT ADDRESS AND ANY PRIOR ADDRESSES USED FROM THE TIME OF THE INCIDENT
FOR WHICH THIS ACTION IS BROUGHT.
(c) DATEOFBIRm.
-.
(D) SOCIAL SECURITY NUMBER.
~
2. CURRENT EMPLOYMENT:
FOR EACH PLAINTIFF PLEASE STATE:
~--.., ~..
(A) CURRENT PLACE OF EMPLOYMENT, POSITION AND LENGTH OF CURRENT EMPLOYMENT;
AND
(B) THE PLACE OF EMPLOYMENT AND POSITION AT THE TIME OF THE INCIDENT, IF
DIFFERENT.
3. INJURIEs:
DESCRIBE SEPARATELY EACH INJURY EACH PLAINTIFF SUSTAINED IN THE INCIDENT
AND THE APPROXIMATE DATE ON WHICH EACH PLAINIlFF RECOVERED FROM EACH SUCH
INJURY.
~.
- -~-
4. HEALTH CARE PROVIDERS:
IDENTIFY EACH BEAL'IH CARE PROVIDER WHO HAS EXAMINED, TREATED OR RENDERED
_ ~VJ;CES TO EACH PLAINTIFF BECAUSE OF THIS INCIDENT, INCLUDING THE DATES OF SUCH
'. SERVICES AND THE CHARGES FOR SAME. -
5. MEDICAL EXPENSES AND INSURANCE PAYMENTS:
STATE THE TOTAL AMOUNT OF MEDICAL EXPENSES INCURRED BY EACH PLAINTIFF
THAT RELATES TO THIS INCIDENT, 1HE AMOUNT COMPENSATED BY FIRsT PARTY BENEFITS,
1HE AMOUNT, IF ANY, SUBJECT TO A LIEN OF ANY SORT, THE IDEN'IITY (INCLUDING 1HE
NAME, ADDRESS, AND POllCY NUMBER) OF ANY LlENHOLDER, AND THE AMOUNT CLAIMED TO
BE RECOVERABLE AT TRIAL.
~.
... -~-
6. TERMlNATION OF MEDICAL SERVICES:
WHEN AND BY WHOM WAS EACH PLAINfIFF LAST EXAMINED OR GIVEN MEDICAL
. ~ ATIENllON FOR THE INJURIES RECEIVED IN THIS INCIDENT?
..-. -
7. CONTINUATION OF MEDICAL SERVICES:
IF THE PLAINTIFF IS STILL BEING TREATED FOR THE INJURIES RECEIVED IN THIS
INCIDENT, IDENTIFY BY WHOM AND STATE HOW FREQUENTLY SUCH TREATMENTS ARE BEING
GIVEN NOW, THE NATURE OF THE TREATMENT BEING ADMINISTERED, AND]HE EXTENT TO
WHICH TREATMENT WILL BE REQUIRED IN]HE FUTURE.
"
~-
8. PRIOR CONDITIONS:
ExPLAIN ALL PRIOR BEALm PROBLEMS OR INJURIES AND IDENTIFY THE BEALm CARE
. - PROVJDERS WHO TREATED EACH PLA1NTIFF FOR mOSE INJURIES IN THE LAST SIX (6) YEARS.
". .
9. FAMILY PHYSICIAN:
PLEASE STATE THE NAME AND ADDRESS OF YOUR FAMILY PHYSICIAN FOR THE LAST
FIVE (5) YEARS.
~.
10. PRIOR OR SUBSEQUENT ACCIDENTS:
IF BEFORE OR AFTER. THE INCIDENT WHICH IS THE SUBJECT OF THIS LAWSUIT, ANY
. _ ~ WAS INVOLVED IN ANY OTHER INCIDENT INVOLVING INJURIES TO ANY PART OF THE
- BODY, PLEASE STATE THE TYPE OF INCIDENT INVOLVED AND THE HEALTH CARE PROVIDERS
WHO RENDERED TREATMENT FOR moSE INJURIES.
11. DISABILITY:
DOES ANY I'LAINTIFF CONTEND THAT HE OR SHE HAS BEEN PERMANEN'ILY INJURED AS
A RESULT OF THIS INCIDENT? IF SO, PLEASE DESCRIBE THE EXACT NA1URE OF THE ALLEGED
INJURY AND THE IDENTITY OF ANY REALm CARE PROVIDER WHO HAS INFORMED ANY
PLAINTIFF THAT THE INJURY IS PERMANENT.
~
12. Loss OF EARNINGS:
Is ANY PLAINTIFF MAKING A CLAIM FOR LOSS OF EARNINGS OR IMPAIRMENT OF
_ E~G CAPACITY BECAUSE OF THIS INCIDENT? IF SO, THEN PLEASE PROVIDE THE
. FOLLOWING INFORMATION OF EACH: .
(A) EACH EMPLOYER, JOB TITLE AND DESCRIPTION OF Du.rms AS WELL AS MONTHLY OR
WEEKLY RATE OF PAY AT THE TIME OF THIS INCIDENT;
(B) THE INCLUSIVE DATES DURING WHICH ANY PLAINTIFF ALLEGES HE OR SHE WAS
UNABLE TO WORK AS A RESULT OF THIS INCIDENT AND THE TOTAL AMOUNT OF
EARNINGS AND PLAINTIFF LOST BECAUSE OF THIS ABSENCE;
(C) THE SOURCE AND AMOUNT OF ANY WAGES OR SALARY RECEIVED SINCE THIS INCIDENT;
AND
(D) THE DATE ON WHICH ANY PLAINTIFF FIRST REI1JRNED TO WORK FOLLOWING THE
INCIDENT AND EACH EMPLOYER FOR WHOM ANY PLAINTIFF HAS WORKED SINCE THE
INCIDENT WITH INCLUSIVE DATES OF EMPLOYMENT, EACH JOB TIlLE ANY PLAINTIFF
HAS HELD AND EACH MONTHLY OR WEEKLY RATE OF PAY WHICH ANY PLAINTIFF HAS
RECEIVED FROM THE DATE OF STARTING WORK AGAIN AFTER THIS INCIDENT UNTIL
THE PRESENT TIME. ~
13. IMPAIRED EARNING CAPACITY:
Is ANY PLAINTIFF MAKING A CLAIM FOR IMPAIRED EARNING CAPACITY BECAUSE OF
_ 'fI!IS INCIDENT? IF YES, PLEASE STATE THE AC'lUAL VALUE OF ANY l'LAINTIFF's IMPAIRED
. -.... ...
EARNING CAPACITY, SETI1NG OUT THE MANNER IN WHICH SAm VALUE WAS CALCULATED, AND
BY WHOM.
,
14. STATEMENTS:
HAS ANY PLAINTIFF OR ANYONE ACTING ON ANY PLAINTIFF's BEHALF OBTAINED ANY
STATEMENTS, REPORTS, MEMORANDUM OR TESTIMONY IN ANY FORM FROM ANY PERSON
RELATING TO THIS INCIDENT. IF SO, PLEASE IDENTIFY FROM WHOM THE STATEMENT WAS
TAKEN, THE DATE OF THE STATEMENT AND PROVIDE A COPY IN ANSWER TO THIS
INTERROGATORY.
-,
~.
- ~.-
15. WITNESSES:
IDENTIFY ANY WITNESS WHO HAS ANY KNOWLEDGE OF OR INFORMATION AS TO THE
_ FACIS PERTAINING TO nus INCIDENT. ALso PROVIDE A SUMMARY OF THE INFORMATION
. ~- ,- '<
, WHICH EACH WITNESS HAS CONCERNING TIiIs INCIDENT.
."
16. EXPERT WITNESSES:
IDENTIFY ALL EXPERTS WHO ANY PLAINTIFF EXPECTS TO CALL AT THE TRIAL OF nus
CASE, AND PURSUANT TO PA R.C.P. 4003.S(A)(1)(B), STATE THE SUBSTANCE OF THE FACTS
AND OPINIONS TO WHICH ANY PLAINTIFF'S EXPERT WILL TESTIFY AND THE SUMMARY OF THE
GROUNDS FOR EACH OPINION. THE FACIS, OPINIONS AND GROUNDS OF THE EXPERT MAY BE
CONTAINED IN AN EXPERT REPORT WHICH MAY BE A'ITACHED. SUCH REPORT OR ANSWER TO
nus INTERROGATORY SHOULD BE SIGNED BY ANY PLAINTIFF'S EXPERT. . .
~
- -..-
17. PHOTOGRAPHS, DOCUMENTS AND THINGs:
IF ANY l'LAINTIFF, OR ANYONE ACI'ING ON ANY PLAINTIFF'S BEHALF, HAS OR KNOWS
.--:- OF,AN,Y PHOTOGRAPHS, DIAGRAMS, ME~, SURVEYS OR OTHER DESCRIPTIONS
- REGARDING OR RELATING IN ANY WAY TO THIS INCIDENT, PLEASE IDENTIFY THOSE ITEMS.
IN LIEU OF ANSWERING THE FOREGOING INTERROGATORY, COPIES OF ANY SUCH ITEMS l\IA Y
BE PROVIDED AS ATTACHMENT TO THESE ANSWERS.
18. RELATED LAWSUITS:
PLEASE IDENTIFY BY CAPTION, DOCKET NUMBER AND COURT ANY OTHER LAWSUITS
ARISING FROM THIS INCIDENT OR RELATING TO 1HE INJURIES CLAIMED BY THE PLAINTIFF IN
THIS SUIT, OR IN WHICH ANY PLAINTIFF HAS BEEN INVOLVED.
19. PLEASE IDENTIFY ANY OTHER CLAIMS FILED OR DEMANDS MADE BY ANY PLAINTIFF
AGAINSt ANYONE OTHER THAN DEFENDANTS IN 1IDS ACTION FOR ANY DAMAGES OR INJURIES
ARISING OUT OF OR RELATED TO THIS INCIDENT.
~-
20. PRIOR CONVICTIONS:
HAVE YOU BEEN CONVIC'IED OR PLED GUILTY TO ANY CRIME WITHIN THE PAST TEN
_ (10)u:ARS. IF SO, PLEASE STATE FOR EAqI CONVICIlON OR PLEA, THE OFFENSE CHARGED,
". THE COURT CAPTION AND DOCKET, AND THE DISPOSTIlON AND SENTENCE.
21. LIENS:
WOULD ANY SEITLEMENT OR VERDICT SECURED BY YOU IN THIS MATI'ER BE SUBJECT
TO ANY FEDERAL LIEN, STATE LIEN, FELA LIEN, WORKMEN'S COMPENSATION LIEN, OR
ANY SIMILAR OR OTHER LIEN? IF SO, IDENTIFY THE HOLDER OF THE LIEN, THE AMOUNT OF
THE LIEN, THE COSTS OF EXPENSES COVERED BY THE LIEN, AND THE CIRCUMSTANCE UNDER
WHICH YOU ARE OR MIGHT BE OBLIGATED TO SATISFY THE LIEN.
Respectfully submitted,
LAW ~1'ftF ITi& iT,
By, iN< (I)
DOriald R. Dorer, Esquire
Attorney for Defendants
Identification No. 39126
-,
-~
Date: October 2. 2001
OIHB..()()137;
LAW OFFICES OF JACOBS & SABA
. -::-:- 214 S-enate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attome s for Defendants
ANGELA DIANNE ZIMMERMAN,
PLA1NTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLANDCOUNTY,PENNSYLVANlA
VS.
No. 2001-4744
DONALD E. DONOVAN AND
JUDYK. DONOVAN,
DEFENDANTS
CIVIL ACTION - LAw
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants
herein, and that he caused a true and correct copy of the attached Interro2atories of Defendants
Addressed to the Plaintiff to be served by regular first class mail upon:
Date: October 2.2001
Marcus A McKnight, ill
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
J}I~ /1. A? .
i llL/ :I I~I /\.;/
Donald R. Dorer, Esquire
Attorney for Defendants
~.
~ - ,-
Exhibit E
........-.
JACOBS & SABA
(NOT A PARTNERSHIP)
214 SENATE AVENUE
SUITE 503
CAMP HILL, P A 17011
(717) 731-0988
FAX: (717)731-0987
TDD (800) 622-2421
4 _.- DolULD-R. DoRER
. ':... GIiA.RD i..'RICKARDS-
ArroR..'iEYS
-CERTIFIED CIvIL TRIAL ADVOCATt:
NATIONAL BOARD OF TRIAL ADVOCACY
DENISE Eo KAUFFMA.'i.
LmGATION PARALEGAL
REFER To: 0IHB-00132
,
December 13, 2001
Marcus A. McKnight, ill, Esquire
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
Re: Angela Dianne Zimmerman vs, Donald E. Donovan and Judy K. Donovan
Cumberland County: No. 2001-4744
Dear Mr, McKnight,
.'.
I served Interrogatories and Request for Production of Documents directed to Plaintiffs
under cover of my letter of October 2,2001.
To date, I have received neither responses, nor objections, concerning these reasonable
and appropriate discovery requests. Kindly advise as to when I may expect responses to our
discovery requests in this matter so that we may move forward with the completion of this
litigation.
If I do not receive these responses by the end of January, 2002, I have been-instructed
to me an appropriate Motion to Compel with the Court.
Thank you for your attention and anticipated courtesies.
,~
DRD:dek
Employees ofNationwi~ Mutual Insurance Company
Bethlehem' ~ Hill- Caoonsburg' DoyIestown . Qrecmburg' Media' Nonistown. PIilladelphia' Wanondal. - Wilkes Barre
Exhibit F
.
LAW OFFICES
.
IRWIN McKNIGHT & HUGHES
ROGER B. IRWIN
MARCUS A. McKNIGHT. J/[
JAMES D. HUGHES
REBECCA R. HUGHES
MXRxD.SCHWARTZ
DOUGLAS G. MILLER
WEST POMFRET PROFESSIONAL BUILDING
60 WEST POMFRET STREET
CARLISLE, PENNSYL VANIA 17013-3222
17171 249,2353
FAX 1717) 249-6354
~MAft:IMHLAW@SUPERNET.COM
HAROLD S. IRWIN (/925./977)
HAROLDS./RW1N,JR. (1954./986)
IRWIN, IRWIN &: IRWIN (/956-1986)
IRWIN. IRWIN & McKNIGHT (/986-/994)
IRWIN. McKNIGHT &: HUGHES (/994- )
December 19, 2001
Donald R. Dorer, Esquire
Jacobs & Saba
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Re: Angela Dianne Zimmerman v.
Donald E. Donovan and Judy K. Donovan
2001-4744
Dear Mr. Dorer:
Thank you for your letter dated December 13, 2001. I met with my client and I believe
she will be able to complete the Interrogatories in January 2002. I will forward them to you as
soon as I have them completed.
Very truly yours,
MAMfmln
cc: Ms. Angela Dianne Zimmerman
'1..\\\\\
\)t.\' C2, \\
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OIHB;OOI32.
. .
LAW OFFICES OF JACOBS & SABA
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attorne s for Defendants
ANGELA DIANNE ZIMMERMAN,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
No. 2001-4744
DONALDE.DoNOVANAND
JUDY K. DONOVAN,
DEFENDANTS
CIVIL ACTION - LAw
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
Donald R Dorer, Esquire, hereby certifies that he is the attorney for the Defendants
herein, and that he caused a true and correct copy of the attached Petition of Defendants to
ComDel Answers to Interrogatories and Reauest for Production of Documents Addressed to the
Plaintiff to be served by regular first class mail upon:
Marcus A McKnight, ill
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
Date: March 18. 2002
D R. Dorer, Esquire
Attorney for Defendants
Un'
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LAW OFFICES OF JACOBS & SABA
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attome s for Defendants
ANGELA DIANNE ZIMMERMAN,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
No. 2001-4744
DONALD E. DONOVAN AND
JUDY K. DONOVAN,
DEFENDANTS
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
RULE TO SHOW CAUSE
AND NOW, this z'2? J day of Vvt.v c.t . 2002, upon consideration of the
within Petition of Defendants to Compel Answers to Interrogatories and Request for Production
of Documents Addressed to the Plaintiff, a Rule is hereby issued upon the Plaintiff to show cause,
if any she may have, as to why the relief requested in said Petition should not be granted". ..itl. the
PlaimHfbeiflg eeRljlelled te pr~'ide hIli and eORljllete reSflQIIEIlS te tftt InteHagateries aaQ~
R.quest fer Pradl:letiofi efDeet:lnteftts Addh...."d tu the Plaintiff vv;thin tl';.ty (30) days,.
Rule Returnable within twenty (20) days upon service hereof
, ~
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-to "
,.,WI. .boreR
~MeK(\\~\j[
BY TIlE COURT:
J. .
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ifli~Vfi1)\SNN3d
,UNnC<) ncV'i'.j;;]\"l(iCJ
'1'1 :[ Hd <;2 U~W 2:0
::10
CERrrFlCA1'E
PREREQUISI1'E TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
ANGELA DIANNE ZIMMERMAN
COURT OF COMMON PLEAS
TERM,
-VS-
DONALD E. DONOVAN AND JUDY K. DONOVAN
CASE NO: 2001-4744
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of DONALD R. DORER, ESQ.
certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party at least
twenty days prior to the date on which the subpoena is sought to be
served,
(2) A copy of the notice of intent, including the proposed subpoena, is
attached to this certificate,
(3) No objection to the subpoena has been received, and
(4) The subpoena which will be served is identical to the subpoena which
is attached to the notice of intent to serve the subpoena.
DATE: 10/23/2002
ttf~ep>>~
DONALD R. DORER, ESQ.
Attorney for DEFENDANT
DEll-368293 07355 -L 0 1
COMMONWEALTH OF PENNSYLVANZA
COUNTY OF CUMBERLAND
IN THE HATTER OF:
ANGELA DIANNE ZIMMERMAN
COURT OF COMMON PLEAS
-VS-
TERM,
DONALD E. DONOVAN AND JUDY K. DONOVAN
CASE NO: 2001-4744
NOTICE OP IN'l'EN'l' TO SERVE A StmPOENA TO PRODUCE ~S AIm
1'JfINGS POR DISCOVERY PURStJAIrii TO RULE 4009.21
HlDICAL RECORDS
HlDICAL RECORDS
HlDICAL RECORDS
HlDICAL RECORDS
HlDICAL RECORDS
HOLY SPIRIT HOSPITAL
GIWIAH HlDICAL CLINIC
PElftPS WOOD PHYSICAL THERAPY
CURRu , BECHT ORAL
APPALACHIAN OR'l'BOPEDIC CENTER
TO: MARCUS A. MCNIGHT. III. ESQ.
MCS on behalf of DONALD R. DORER. ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
UDdersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made. then the subpoena may be served. C~lete
copies of any reproduced records may be ordered at your expense by c~leting
the attached cOUDsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 10/03/2002
KeS on behalf of
CC: DONALD R. DORER. ESQ.
ANGELA ALOISE
DONALD R. DORER. ESQ.
Attorney for DEFENDANT
- 01HB-00132
Any questions regarding this matter. contact
TIlE MCS GROOP INC.
1601 MARKET STREET
#800
PHILADELPHIA. PA 19103
(215) 246-0900
DE02-202083 0 7355 - C02
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ANGELA DIANNE ZIMMERMAN
VS
DONALD E.CONOVAN & JUDy K.DONOVAN
File No.
2001-4744
TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL
(Name of Penon or Entity)
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the folloWing doc:uments or
things: SEE ATTACHED
~
MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103
(Adctre..)
at
You may deliver or mail legible copies of the doc:uments 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.
I( YO' f~' .. prod~'" d~....................... by .hI..._....... _ (20) ..... -". _. ... ....,
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: nONAT.n R. DORER. ESO.
ADDRESS: 214 SENATE AVE., STE 503
CAMP HILL,PA 17011
TELEPHONE: 71 ~-?L.I> OQOO
SUPREME COURT lD ,:
ATTORNEY FOR: nFFFNnAN'T'
DATE: .QtiT
':J :l ;:) /""v} ~
. ...
Prothonotuy/Clerk. Qv
~-,# P '~D?~'L r-
Oe ty
'--
Seal of the Court
(Eff. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
HOLY SPIRIT HOSPITAL
503 N. 21ST STREET
CAMP HILL, P A 17011
RE: 7355
ANGELA DIANNE ZIMMERMAN
Any and all records, correspondence, files and memorandums, handwritten
notes, relating to any examination, consultation care or treatment.
Dates Requested: up to and including the present.
Subject: ANGELA DIANNE ZIMMERMAN
29 EITERS ROAD, NEWBURG, PA 17240
Social Security #: 197-66-7655
Date of Birth: 03-25-1974
SUIO-401570 07355-LOl
--~-._.._....~,.
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
ANGELA DIANNE ZIMMERMAN
COURT OF COMMON PLEAS
TERM,
-VS-
DONALD E. DONOVAN AND JUDY K. DONOVAN
CASE NO: 2001-4744
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of
DONALD R. DORER, ESQ.
certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party at least
twenty days prior to the date on which the subpoena is sought to be
served,
(2) A copy of the notice of intent, including the proposed subpoena, is
attached to this certificate,
(3) No objection to the subpoena has been received, and
(4) The subpoena which will be served is identical to the subpoena which
is attached to the notice of intent to serve the subpoena.
MCS on behalf of
DATE: 10/23/2002
DONALD R. DORER, ESQ.
Attorney for DEFENDANT
DEll-368294 07355-LOZ
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
IN THE MATTER OF:
ANGELA DIANNE ZIMMERMAN
COURT OF COMMON PLEAS
TERM.
-VS-
DONALD E. DONOVAN AND JUDy K. DONOVAN
CASE NO: 2001-4744
NOTICE OF IN'l'ENT TO SERVE A SUBPOENA TO PRODUCE ~S AND
THINGS FOR DISCOVERY PURSUAN'l' TO RULE 4009.21
HOLY SPIRIT HOSPITAL
GIAHAH MEDICAL CLINIC
PENN'S WOOD PHYSICAL THERAPY
CURRIE II HECHT ORAL
APPALACHIAN ORTHOPEDIC cum
HEDlCAL RECORDS
MEDICAL RECORDS
HEDlCAL RECORDS
HEDICAL RECORDS
HEDlCAL RECORDS
TO: MARCUS A. MCNIGHT, III, ESQ.
MCS on behalf of DONALD R. DORER, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days fram the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. CClIIIplete
copies of any reproduced records may be ordered at your expense by cOlllpleting
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 10/03/2002
MCS on behalf of
CC: DONALD R. DORER, ESQ.
ANGELA ALOISE
DONALD R. DORER, ESQ.
Attorney for DEFElmAiT
- 01UB-00132
Any questions regarding this matter, contact
l'HE MCS GROUP IRC.
1601 MARlET STREET
#800
PHILADELPHIA, PA 19103
(21S) 246-0900
DE02-202083 07355 - C 0 2.
~--'-"""'-"-""'..'"'~"""---
COMMOl'lWEAL TH OF PENNSYL VANIA
COUNTY OF CUMBERLAND
ANGELA DIANNE ZIMMERMAN
VS
DONALD E.CONOVAN & JUDY K.DONOVAN
File No.
2001-4744
TO: CUSTODIAN OF RECORDS FOR: GRAHAM MEDICAL CLINIC, P.C.
(Name of Penon or Entity)
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
Within twenty (20) days after service of this subjJoena, 'you are ordered by the court to produce the folloWing documents or
things: SEE ATTACHED
MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103
(Addrn.)
f
.
~
at
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: nONAt.D R. DORER. ESO.
ADDRESS: 214 SENATE AVE., STE 503
CAMP HILL.PA 17011
TELEPHONE: '1 'i-?L.';_OQOO
SUPREME COURT ID ,:
ATTORNEY FOR: nFFFl\TTUI\l'l'
'--
D4IE:
~p:1
02.~ ~ ~~:l-.
.
Seal of the Court
(Eff.7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
GRAHAM MEDICAL CLINIC
100 SOUTH HIGH STREET
NEWVILLE, P A 17241
RE: 7355
ANGELA DIANNE ZIMMERMAN
Any and all records, correspondence, files and memorandums, handwritten
notes, billing and payment records, relating to any examination,
consultation, care or treatment.
Dates Requested: up to and including the present.
Subject: ANGELA DIANNE ZIMMERMAN
29 ETTERS ROAD, NEWBURG, PA 17240
Social Security #: 197-66-7655
Date of Birth: 03-25-1974
SUIO-401572 07355 -L02
CER1'IFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
ANGELA DIANNE ZIMMERMAN
COURT OF COMMON PLEAS
TERM,
-VS-
DONALD E. DONOVAN AND JUDY K. DONOVAN
CASE NO: 2001-4744
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of
DONALD R. DORER, ESQ.
certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party at least
twenty days prior to the date on which the subpoena is sought to be
served,
(2) A copy of the notice of intent, including the proposed subpoena, is
attached to this certificate,
(3) No objection to the subpoena has been received, and
(4) The subpoena which will be served is identical to the subpoena which
is attached to the notice of intent to serve the subpoena.
DATE: 10/23/2002
MCS on behalf of
DONALD R. DORER, ESQ.
Attorney for DEFENDANT
DEll-368295 07355 - L 0 3
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
IN THE HATTER OF: COURT OF COHMON PLEAS
ANGELA DIANNE ZIMMERMAN TERM,
DONALD E. DONOVAN AND JUDY K. DONOVAN
-VS- CASE NO: 2001-4744
NOTICE OF IN'l'EN'l' TO SERVE A SUBPOENA TO PRODUCE DOCtnmN'l'S AHD
THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
HOLY SPIRIT HOSPIrAL
GlWIAK MEDICAL CLIIfIC
PElDf'S WOOD PHYSICAL THERAPY
CUllRIE , HECHT ORAL
APPALACHIAN OR1'80PIDIC CEIITER
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
TO: HARGUS A. MClfIGHT, III, ESQ.
KeS on behalf of DONALD R. DORER., ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to KeS or by contacting our local
KeS office.
DATE: 10/03/2002
KeS on behalf of
CC: DONALD R. DORER., ESQ.
ANGELA ALOISE
DONALD R. DORER., ESQ.
Attorney for DEP'EImANT
- 01HB-00132
Any questions regarding this matter, contact
THE KeS GROUP INO.
1601 HARKET STREET
#800
PHILADELPHIA, PA 19103
(21S) 246-0900
DE02-202083 0 7355 - C02
COMMONWEALTH OF PENNSYL VANIA
COUNTY OF CUMBERLAND
ANGELA DIANNE ZIMMERMAN
VS
DONALD E.CONDVAN & JUDY K.DONOVAN
FiJe No.
2001-4744
TO: CUSTODIAN OF RECORDS FOR: PENN'S WOOD PHYSICAL THERAPY
(Nam.. o( P.......n or Entity)
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
Within twenty (20) days after service of this subpoena. 'you are ordered by the Court to produce the folloWing doc:uments or
things: SEE ATTACHED
MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103
(Addreu)
f
4
~
at
You may deliver or mail legible copies of the doc:uments 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 doc:uments 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 TIlE REQUEST OF TIlE FOLLOWING PERSON:
NAME: DONALD R. DORER. ESO.
ADDRESS: 214 SENATE AVE., STE 503
CAMP HILL.PA 17011
TELEPHONE: ? 1" ?L..I>_OQ()()
SUPREME COURT ID I:
AlTORNEY FOR: nFFFNnAN'T'
DATE:
S2jLt
~~ ~^",~
, ,
Prothonotary/a~ Ovil 0"
~n-a.o 0 ~r.o/7'/"'J I
'--
Seal of the Court
(Eff, 7/97)
EXPlANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
PENN'S WOOD PHYSICAL THERAPY
425 STONEHEDGE DRIVE
CARLISLE, P A 17013
RE: 7355
ANGELA DIANNE ZIMMERMAN
Any and all records, correspondence, files and memorandums, handwritten
notes, billing and payment records, relating to any examination,
consultation, care or treatment.
Dates Requested: up to and including the present.
Subject: ANGELA DIANNE ZIMMERMAN
29 ETIERS ROAD, NEWBURG, PA 17240
Social Security #: 197-66-7655
Date of Birth: 03.25.1974
SUIO-401574 073SS-L03
_._,-."~.".......-.-
CERTIFlCArE
PREREQUISlrE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
ANGELA DIANNE ZIMMERMAN
COURT OF COMMON PLEAS
TERM,
-VS-
DONALD E. DONOVAN AND JUDY K. DONOVAN
CASE NO: 2001-4744
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of
DONALD R. DORER, ESQ.
certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party at least
twenty days prior to the date on which the subpoena is sought to be
served,
(2) A copy of the notice of intent, including the proposed subpoena, is
attached to this certificate,
(3) No objection to the subpoena has been r~eived, and
(4) The subpoena which will be served is identical to the subpoena which
is attached to the notice of intent to serve the subpoena.
MCS on behalf of
DATE: 10/23/2002
DONALD R. DORER, ESQ.
Attorney for DEFENDANT
DEll-368296 a 7355 -La 4
COMM:ONWEAL'rH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
IN THE MATTER OF: COURT OF COHMON PLEAS
ANGELA DIANNE ZIMMERMAN' TERM,
-VS- CASE NO: 2001-4744
DONALD E. DONOVAN AND JUDy K. DONOVAN
NO'1'ICE OF IH'l'EH'l' TO SERVE A SUBPOENA TO PRODUCE DOCOJIEH'l'S AND
THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
HOLY SPIRIT HOSPITAL
GRAIWf MEDICAL CLIIfIC
PENH'S WOOD PHYSICAL THERAPy
CUIRIE r. BECHT ORAL
APPALACHIAN ORTHOPEDIC CElft'ER
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
TO: HARCUS A. KCRIGHT, III, ESQ.
KCS on behalf of DONALD R. DOUR, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your ezpense by completing
the attached counsel card and returning same to KCS or by contacting our local
KCS office.
DATE: 10/03/2002
KCS on behalf of
CC: DONALD R. DOUR, ESQ.
ANGELA ALOISE
DONALD R. DOUR, ESQ.
Attorney for DEFENDANT
- OlHB-OOI32
Any questions regarding this matter, contact
THE KCS GROuP IRC.
1601 MARlET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-202083 07355-C02
COMMONWEALTH OF PENNSYL VANIA
COUNTY OF CUMBERLAND
ANGELA DIANNE ZIMMERMAN
VS
DONALD E.CONOVAN & JUDY K.DONOVAN
FiJe No.
2001-4744
TO: CUSTODIAN OF RECORDS FOR: CURRIE & HECHT Y~ILLOFACIAL SURGEONS, P.C.
(Name of Penon Dr Entity)
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
Within twenty (20) days after service of this subpoena. J'ou are ordered by the court to produce the folloWing documents or
things: SEE ATTACHED
MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103
(Ad.u....)
f
.
~
at
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: DONALD R. DORER. ESO.
ADDRESS: 214 SENATE AVE., STE 503
CAMP HILL.PA 17011
TELEPHONE: ? 1 ~-?L..I>_()Q()()
SUPREME COURT ID II:
AlTORNEY FOR: nFFFlIlT1A N'T'
QATE:
np:i-
:li ,.J ''''M ~
, ,
Protltonot.uy/Clerk. a,,' ion
~n,:; D {:) ?:1-f A"Y, r-
Depu ~
c.........
Seal of the Court
(Eff. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
CURRIE & HECHT ORAL
AND MAXILLOFACIAL SURGEON
338 ALEXANDER SPRING
CARLILSLE, PA 17013
RE: 7355
ANGELA DIANNE ZIMMERMAN
Any and all records, correspondence, files and memorandums, handwritten
notes, billing and payment records, relating to any examination,
consultation, care or treatment.
Dates Requested: up to and including the present.
Subject: ANGELA DIANNE ZIMMERMAN
29 EITERS ROAD, NEWBURG, PA 17240
Social Security #: 197.66.7655
Date of Birth: 03-25-1974
SUIO-401576 073SS-L04
-~----._--,--_..,......~
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
ANGELA DIANNE ZIMMERMAN
COURT OF COMMON PLEAS
TERM,
-VS-
DONALD E. DONOVAN AND JUDY K. DONOVAN
CASE NO: 2001-4744
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of
DONALD R. DORER, ESQ.
certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party at least
twenty days prior to the date on which the subpoena is sought to be
served,
(2) A copy of the notice of intent, including the proposed subpoena, is
attached to this certificate,
(3) No objection to the subpoena has been received, and
(4) The subpoena which will be served is identical to the subpoena which
is attached to the notice of intent to serve the subpoena.
MCS on behalf of
DATE: 10/23/2002
DONALD R. DORER, ESQ.
Attorney for DEFENDANT
DEll-368297 07355-L05
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
IN THE MATTER OF: COURT OF COMMON PLEAS
ANGELA DIANNE ZIMMERMAN TERM,
DONALD E. DONOVAN AND JUDY K. DONOVAN
-VS- CASE NO: 2001-4744
NOTICE OF IN'l'ENT TO SERVE A SUBPOENA TO PRODUCE DOCUJlENTS AND
THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
HOLY SPIRIT HOSPITAL
GRAHAM MEDICAL CLINIC
PENN'S WOOD PHYSICAL THERAPy
CURRIE IE HECHT ORAL
APPALACHIAN ORTHOPEDIC CENTER
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
TO: MARCUS A. KeNIGHT. III. ESQ.
KeS on behalf of DONALD R. DORER. ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to KeS or by contacting our local
KeS office.
DATE: 10/03/2002
KeS on behalf of
CC: DONALD R. DORER, ESQ.
ANGELA ALOISE
DONALD R. DORER, ESQ.
Attorney for DEFENDANT
- 01HB-00132
Any questions regarding this matter, contact
THE KeS GROUP INC.
1601 HARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-202083 0 73 .s .s - C 0 2.
COMMONWEALTH OF PENNSn VANIA
COUNTY OF CUMBERLAND
ANGELA DIANNE ZIMMERMAN
VS
DONALD E.CONOVAN & JUDY K.DONOVAN
File No.
2001-4744
TO:
CUSTODIAN OF RECORDS FOR:
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
Within twenty (20) days after service of this subpoena. 'you are ordered by the court to produce the following documents or
things: SEE ATTACHED
f. ~
PALACHIAN ORTHOPAEDIC CENTER , LTD.
(Name of Person Dr Entity)
at
MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103
(Addreso)
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: DONALD R. DORER. ESO.
ADDRESS: 214 SENATE AVE., STE 503
CAMP HILL.PA 17011
TELEPHONE: ? 1 ~-?L.h ()Q()()
SUPREME COURT ID I:
ATTORNEY FOR: nFFFNnANT
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DATE: 5kfL1
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Seal of the Court
(Eff. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
APPALACHIAN ORTHOPEDIC CENTER
1 DUNWOODY DR.
CARLISLE, P A 17013
RE: 7355
ANGELA DIANNE ZIMMERMAN
Any and all records, correspondence, files and memorandums, handwritten
notes, billing and payment records, relating to any examination,
consultation, care or treatment.
Dates Requested: up to and including the present.
Subject: ANGElA DIANNE ZIMMERMAN
29 ETTERS ROAD, NEWBURG, PA 17240
Social Security #: 197-66-7655
Date of Birth: 03-25-1974
SUIO-401578 07355-L05
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File No.: QIHB-00132
PRAECIPE FOR LISTING CASE ]4'OR TRIAL
(Must be typewritten and submitted in dlllplicate.)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the following case (check one):
( x) for JURY trial at the next term of civil court.
( ) for trial without a jury .
CAPTION OF CASE:
(Entire Caption Must Be Stated In Full)
(Check One)
( ) Assumpsit
Angela Dianne Zimmerman,
( ) Trespass
Plaintiff
( x) Trespass (Motor Vehicle)
vs.
( )
(Other)
Donald E. Donovan and Judy K. Donovan,
Defendants
The trial list will be called on June 10. 2003
Trials commence on Julv 7. 2003
Pre-trials will be held on June 18. 2003
(Briefs are due 5 days before pre-trials.)
(The party listing this case for trial shall provide forthwith a copy of the
praecipe to all counsel. pursuant to local Rule 214-1.)
No. 2001-4744 Civil 20 QL
Indicate the attorney who will try case for the party who files this praecipe: Donald R. Dorer. Esquire. Attorney
for Defendants; Jacobs & Saba. 214 Senate Avenue. Suite 503. Camp Hill. Pennsylvania. 17011: (717) 731-0988.
Indicate trial counsel for other parties if known: Marcus A. McKnight., III. Esquire. Attornev for Plaintiff;
Irwin McKni ht & Hu 8, 0 West Porn e Street Carlisle Penns lvania 17109; (717) 249-2353
This case is ready fQ t l. / /
,/ / /
Signed:
Print Name: Donald R. Dorer. Esquire
Attorney for: Defendants
Date: March 18. 2003
01HB-00132
LAW OFFICES OF JACOBS & SABA
214 SENATE AVENUE, SUITE 503
CAMP HILL, PA 17011
TELEPHONE NUMBER: (717) 731-0988
ATTORNEY FOR DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Angela Dianne Zimmerman,
ase No.: 2001..4744
Plaintiff
Y TRIAL DEMANDED
vs.
Donald E. Donovan and Judy K. Donovan,
Defendants
CERTIFICATE OF SERVICl~
Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants
herein, and that he caused a true and correct copy of the attached Praecipe for Listing Case for
Trial to be served by regular first class mail upon:
Marcus A. McKnight, III
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
Date: March 18, 2003
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onald R. Dorer, Esquire
Attorney for Defendants
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Angela Dianne Zimmerman
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V
Donald E, Donovan and Judy K. Donovan
: NO, 01.4744 CIVIL TERM
ORDER OF COURT
AND NOW, June 10, 2003, the above-captioned matter is continued by
agreement of counsel, from the July 7, 2003 trial term, at the plaintiff s request. Counsel is
directed to relist the case when ready,
By the Court,
Lcus A. McKnight, III, Esquire
For the Plaintiff
~onald R. Dorer, Esquire
For the Defendant
Court Administrator
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File No.: OI~B-00132 PRAECIPE FOR RE-LISTING CASE FOR TRIAL
(Must be typewritten and submitted ill duplicate.)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the following case (check one):
( x) for JURY trial at the next term of civil court.
( ) for trial without a jury,
CAPTION OF CASE:
(Entire Caption Must Be Stated In Full)
(Check One)
( ) Asswnpsit
Angela Dianne Zimmerman,
( ) Trespass
Plaintiff
( x) Trespass (Motor Vehicle)
vs.
( )
(Other)
Donald E. Donovan and Judy K. Donovan,
Defendants
The trial list will be called on August 12. 2003
Trials commence on Seotember 8. 2003
Pre-trials will be held on AUl!Ust 20. 2003
(Briefs are due S days before pre-trials.)
(The party listing this case for trial shall provide forthwith a copy of the
praecipe to all counsel, pursuant to local Rule 214-1.)
No. 2001-4744 Civil 20 QL
Indicate the attorney who will try case for the party who files this praecipe: Donald R. Dorer. Esquire. Attomev
for Defendants: Jacobs & Associates. 214 Senate Avenue. Suite 503. Camp Hill. Pennsvlvania. 17011; (717) 731-
0988, Indicate trial counsel for other parties if ow: Marcus A. McKnil!ht. III. Esquire. Attomev for
Plaintiff' Irwin McKni ht & hes 60 est 0 et Street Carlisle Pennsvlvania 17109; (717) 249-2353
This case is ready for tri
Signed:
Print Name: Donald R. Dorer. Esquire
Attorney for: Defendants
Date: June 16. 2003
01HB-00132
LAW OFFICES OF JACOBS & ASSOCIATES
214 SENATE AVENUE, SUITE 503
CAMP HILL, P A 17011
TELEPHONE NUMBER: (717) 731-0988
ATTORNEY FOR DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Angela Dianne Zimmerman,
Plaintiff
Y TRIAL DEMANDED
vs,
Donald E, Donovan and Judy K, Donovan,
Defendants
CERTIFICATE OF SERVIC]~
Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants
herein, and that he caused a true and correct copy of the attached Praecipe for Re- Listing Case
for Trial to be served by regular first class mail upon:
Marcus A. McKnight, III
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, P A 17013
Date: June 16,2003
t("
Donald R.lDorer, Esquire
Attorney for Defendants
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PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in dupllicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
(Check one)
x
for JURY trial at the next term of Givil court.
for trial without a jury.
--..---.-.---....--...---.------.-------------------..-~-_.--_.----_..------_._.-...--_.._-------_.....--_....--....---....--....---.....--....---....---..---.....
CAPTION OF CASE
(entire caption must be stated in full)
(check one)
Assumpsit
ANGELA DIANNE ZIMMERMAN,
Trespass
(X) Trespass (Motor Vehicle)
)
(other)
(Plaintiff)
vs,
DONALD E. DONOVAN and JUDY K. DONOVAN,
The trial list will be called on Ortobpr 7. 2003
and
Trials comme:nce on November 3. 2003
(Defendant)
Pretrials will be held on October 15. 2003
(Briefs are due 5 days before pretrials,)
vs.
(The party listing this case for trial shall provide
forthwith a copy of the praecipe to all counsel,
pursuant to local Rule 214-1.)
No,
Civlil 2001-4744
19__
Indicate the attorney who will try case for the party who files this praecipe:
M~rrl1R A. McKnight, Ill, Esq., 60 West Pomfret Strept" Carlisle, PA 17013
Indicate trial counsel for other parties if known: Donald R. Dorer, Esquire, 214
C::&>n~h:. Avp-nue. Camp Hill, PA 17011
This case is ready for trial.
Signed:
Print Name:
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Dale:
Au"ust 12, 2003
Attorney for: -K;Lainti!f___.
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Angela Dianne Zimmerman
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
V
Donald E, Donovan and Judy K. Donovan
: NO, 01-4744 CIVIL TERM
ORDER OF COURT
AND NOW, August 12, 2003, the above-captioned matter is continued by
agreement of counsel, from the September 8, 2003 trial term, at the plaintiff's request. Counsel is
directed to relist the case when ready,
By the Court,
/1vfarcus A. McKnight, III, Esquire
For the Plaintiff
Court Administrator
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;Donald R. Dorer, Esquire
For the Defendant
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Pi]: No.: OIHB-00132 PRAECIPE FOR RELISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate.)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the following case (check one):
( x) for JURY trial at the next term of civil court.
( ) for trial without a jury,
CAPTION OF CASE:
(Entire Caption Must Be Stated In Full)
(Check One)
( ) Assumpsit
Angela Dianne Zimmerman,
( ) Trespass
Plaintiff
( x) Trespass (Motor Vehicle)
vs,
( )
(Other)
Donald E, Donovan and Judy K. Donovan,
Defendants
The trialli"t will be called on October 7. 2003
Trials commence on November 3. 2003
Pre-trials will be held on October 15. 2003
(Briefs are due 5 days before pre-trials.)
(The party listing this case for trial shall provide forthwith a copy of the
praecipe to all counsel. pursuant to local Rule 214-1.)
No, 2001-4744 Civil 20.Ql
Indicate the attorney who will try case for the party who files this praecipe: Donald R. Dorer. EsQuire. Attornev
for Defendants' Jacobs & Associates 214 enate Avenue Suite 503 Camo Hill. Pennsvlvania. 17011; (717) 731-
0988, Indicate trial counsel for other p rti s if known: Marcus A. McKnililit. III. EsQuire. Attornev for
Plaintiff'lrwin M -, ht & Hu hes est Pomfret Street Carlisle Pennsvlvania 17109; (717) 249-2353
This case i I eady fo tr al. /
I
Signed:
Print Name: Donald R, Dorer. ESQuire
Attorney for: Defendants
Date: Sentember 5.2003
0IHB-00132
LAW OFFICES OF JACOBS & ASSOCIATES
214 SENATE AVENUE, SUITE 503
CAMPHILL,PA 17011
TELEPHONE NUMBER: (717) 731-0988
ATTORNEY FOR DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Angela Dianne Zimmerman,
ase No,: 2001-4744
Plaintiff
vs,
Y TRIAL DEMANDED
Donald E, Donovan and Judy K, Donovan,
Defendants
CERTIFICATE OF SERVICE
Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants
herein, and that he caused a true and correct copy of the attached Praecipe for Re- Listing Case
for Trial to be served by regular first class mail upon:
Marcus A. McKnight, III
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
Date: September 5, 2003
15; ,1)
Donald R. Dorer, Esquire
Attorney for Defendants
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LAW OFFICES OF JACOBS & SABA
214 SENATE AVENUE, SUITE 503
CAMP HILL, P A 17011
TELEPHONE NUMBER: (717) 731-0988
ATTORNEY FOR DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Angela Dianne Zimmerman,
Case No.: 2001-4744
Plaintiff
fJURY TRIAL DEMMl)ED
vs.
Donald E, Donovan and Judy K. Donovan,
Defendants ;
STIPULATION OF COUNSEL
It is hereby stipulated between counsel for the parties hereto that the Defendant, Judy
K. Donovan, be dismissed from this action, and the caption of the case be revised to read as
follows: Angela Dianne Zimmerman, Plaintiff vs, Donald E Donovan, Defendant.
It is further stipulated that the Defendant, Donald E, Donovan, is solely negligent in the
occurrence of the accident described in Plaintiff's Complaint, and that the only issue to be
contested by Defendant is the amount of damages, if any, to which Plaintiff may be entitled to
recover at time of hearing or trial.
IRWIN, MCKNIGHT &
By:
Don ' Dorer, Esqu re
Attorney for Defendants
Identification Number: 39126
Date611J,. ~ ~ ~
" lCL J L J\:l
Date: ~ /
01HB-00132
LAW OFFICES OF JACOBS & ASSOCIATES
214 SENATE AVENUE, SUITE 503
CAMPHILL,PA 17011
TELEPHONE NUMBER: (717) 731-0988
ATTORNEY FOR DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Angela Dianne Zimmerman,
ase No.: 2001-4744
Plaintiff
Y 1RIAL DEMANDED
vs,
Donald E. Donovan and Judy K. Donovan,
Defendants
CERTIFICATE OF SERVICE
Donald R. Dorer, Esquire, hereby certifies that he is the: attorney for the Defendants
herein, and that he caused a true and correct copy ofthe attached Stipulation of Counsel to be
served by regular first class mail upon:
Marcus A, McKnight, III
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, P A 17013
Date: September 5, 2003
(
Dona R. Dorer, Esquire
Attorney for Defendants
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LAW OFFICES OF JACOBS & SABA
214 SENATE AVENUE, SUITE 503
CAMPHILL,PA 17011
TELEPHONE NUMBER: (717) 731-0988
ATTORNEY FOR DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
Angela Dianne Zimmerman,
ase No.: 2001-4744
Plaintiff
vs,
Donald E. DonovaD and Judy K. Donovan,
Defendants
ORDER OF COURT
AND NOW this ~ day of , 2003, upon
consideration of the within Stipulation of Counsel, is hereby ordered and directed that the
Defendant, Judy K, Donovan, be dismissed as a party in the albove action.
It is further noted for the record that the Defendant, Donald E, Donovan has stipulated
generally as to his sole negligence in the motor vehicle accident described in Plaintiffs
Complaint,
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LAW OFFICES OF JACOBS & SABA
214 SENATE AVENUE, SUITE 503
CAMP HILL, P A 17011
TELEPHONE NUMBER: (717) 731-0988
ATTORNEY FOR DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Angela Dianne Zimmerman,
Case No.: 2001-4744
Plaintiff
JURY TRIAL DEMAt'\'DED
vs.
Donald E, Donovan and Judy K, Donovan,
Defendants
STIPULATION OF COUNSEL
It is hereby stipulated between counsel for the parties hereto that the Defendant, Judy
K. Donovan, be dismissed from this action, and the caption of the case be revised to read as
follows: Angela Dianne Zimmerman, Plaintiff vs. Donald E, Donovan, Defendant.
It is further stipulated that the Defendant, Donald E, Donovan, is solely negligent in the
occurrence of the accident described in Plaintiff's Complaint, and that the only issue to be
contested by Defendant is the amount of damages, if any, to which Plaintiff may be entitled to
recover at time of hearing or trial.
I.
IRWIN, MCKNIGHT &
By:
Don . Dorer, Esqu re
Attorney for Defendants
Identification Number: 39126
Date611-, L. ~ ..7d-J ~
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Date: cs- I /
OlHB-00132
LAW OFFICES OF JACOBS & ASSOCIATES
214 SENATE AVENUE, SUITE 503
CAMP HILL, P A 17011
TELEPHONE NUMBER: (717) 731-0988
ATTORNEY FOR DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
Y TRIAL DEMANDED
Angela Dianne Zimmerman,
vs.
Donald E. Donovan and Judy K, Donovan,
Defendants
CERTIFICATE OF SERVICE
Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants
herein, and that he caused a true and correct copy of the attached Stipulation of Counsel to be
served by regular first class mail upon:
Marcus A, McKnight, III
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, P A 17013
Date: September 5, 2003
Dona R. Dorer, Esquire
Attorney for Defendants
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01HB-00132
LAW OFFICES OF JACOBS & SABA
214 SENATE AVENUE, SUITE 503
CAMPHILL,PA 17011
TELEPHONE NUMBER: (717) 731-0988
ATTORNEY FOR DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Angela Dianne Zimmerman,
ase No,: 2001-4744
Plaintiff
vs,
Donald E. Donovan and Judy K. Donovan,
Defendants
ORDER OF COURT
AND NOW this l..i2.: day of , 2003, upon
consideration of the within Stipulation of Counsel, is hereby ordered and directed that the
Defendant, Judy K. Donovan, be dismissed as a party in the above action,
It is further noted for the record that the Defendant, Donald E, Donovan has stipulated
generally as to his sole negligence in the motor vehicle accident described in Plaintiffs
Complaint.
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Angela Dianne Zimmerman
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V
Donald E, Donovan and Judy K. Donovan
: NO. 01-4744 CIVIL TERM
ORDER OF COURT
AND NOW, October 7,2003, counsel having failed to call the above case for
trial, the case is stricken from the November 3, 2003 trial term, Counsel is directed to relist the
case when ready.
By the Court,
~arcus A. McKnight, 1II, Esquire
For the Plaintiff
~nald R. Dorer, Esquire
For the Defendant
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File No.: OIFlB-oom PRAECIPE FOR RE-LIS.TING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate.)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the following case (check one):
( x) for JURY trial at the next term of civil court,
( ) for trial without a jury,
CAPTION OF CASE:
(Entire Caption Must Be Stated In Full)
(Check One)
( ) Assumpsit
Angela Dianne Zimmerman,
( ) Trespass
Plaintiff
( x) Trespass (Motor Vehicle)
vs,
( )
(Other)
Donald E, Donovan,
Defendant
The trial list will be called on December 9 2003
Trials commence on J anu 26 2004
Pre-trials will be held on December 17 2003
(Briefs are due 5 days before pre-trials.)
(The party listing this case for trial shall provide forthwith a co y of the
praecipe to all counsel, pursuant to local Rule 214~1.)
Signed:
Print Name
Attorney for:
Date: October 16. 2003
OIHB-00132
LAW OFFICES OF JACOBS & ASSOCIATES
214 SENATE AVENUE, SUITE 503
CAMP HILL, P A 17011
TELEPHONE NUMBER: (717) 731-0988
ATTORNEY FOR DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL V ANlA
Angela Dianne Zimmerman,
ase No,: 2001-4744
Plaintiff
Y 1RIAL DEMANDED
vs.
Donald E. Donovan,
Defendant
CERTIFICATE OF SERVICE
Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant
herein, and that he caused a true and correct copy ofthe attached Praecipe for Re-Listing Case
for Trial to be served by regular first class mail upon:
Marcus A, McKnight, 1Il
IlWin, McKnight & Hughes
60 West Pomfret Street
Carlisle, P A 17013
Date: October 16, 2003
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Donald R. Dorer, Esquire
Attorney for Defendant
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o IHB-OO 132
IN TIlE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Ange]a Dianne Zimmerman,
Plaintiff
Y TRIAL DEMANDED
ase No,: 200]-4744
vs,
Donald E. Donovan,
Defendant
PRAECIPE TO SETTLE, DISCONTINUE AND END
TO THE PROTHONOTARY:
Please mark the above-captioned case settled, discontinued and ended.
By:
Marcus A.
Irwin, Mc ight
60 West Pomfr
Carlisle, PA 1
Attorney I.D.
Attorney for Plaintiff
Date: _AL. .lu J .;1~ .;bo 3
OIHB-00132
LAW OFFICES OF JACOBS & ASSOCIATES
214 SENATE AVENUE, SUITE 503
CAMP HILL, P A 17011
TELEPHONE NUMBER: (717) 731-0988
ATTORNEY FOR DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Angela Dianne Zimmerman,
~ase No,: 2001-4744
Plaintiff
vs.
~Y TRIAL DEMANDED
Donald E, Donovan,
Defendant
CERTIFICATE OF SERVICE
Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant
herein, and that he caused a true and correct copy of the attached Praecipe to Settle,
Discontinue and End to be served by regular first class mail upon:
Date: January 7. 2004
Marcus A. McKnight, III
Irwin, McKnight & Hughes
60 West Pomfret Street
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Donald R. Dorer, Esquire
Attorney for Defendant
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VILLARI, BRANDES & KLINE, P.c.
By Peter M. Villari, Esquire
Theresa L. Giannone, Esquire
Attorney LD. Nos.: 26875 and 77148
8 Tower Bridge, Suite 400
161 Washington Street
Conshohocken, PA 19428
(610) 729-2900
ATTORNEYS FOR PLAJN77FFS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
KRISTY KOELSCH and
JOHN F. KOELSCH, h/w
CIVIL ACTION - LAW
Plaintiffs,
Docket No: 04-4744
vs.
JURY TRIAL DEMANDED
ANGELA SOTO-HAMLIN, MD
-and-
SUSQUEHANNA BREAST CARE
CENTER
-and-
HERITAGE MEDICAL GROUP, L.L.P.
-and-
SUSQUEHANNA SURGEONS, LTD, PC
-and-
STACY J. CASTALDI, DO
-and-
JUDITH A JOZEFIAK, M.D
-and-
HERITAGE DIAGNOSTIC CENTER
-and-
TRISTAN ASSOCIATES
Defendants.
CERTIFICATION OF SERVICE
I, Theresa L. Giannone, Esquire, attorney for Plaintiff, hereby certifY that a true and
correct copy of the Plaintiff's Amended Answers to Interrogatory No.8 of Defendants Stacy
J. Castaldi, D.O., Judith A. Jozefiak and Tristan Associates, Inc. was served upon the below
named counsel of record for Defendants by first -class mail, postage pre-paid and via facsimile on
this dS day of February, 2005:
Michael O. Pipa, Esquire
Marshall, Oennehey, Warner,
Coleman & Goggin
4200 Cmms Mills Road
Suite B
Harrisburg, PA 17112
Wiley P. Parker, Esquire
Henry & Beaver, LLP
937 Willow Street
PO Box 1140
Lebanon, PAl 7042-1140
Respectfully Submitted:
Villari, Brandes & Kline, P.e.
By:
~~~
Theresa L. Giannone, EsqUire
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