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Home My WebLink About04-2246 GERI RIGG and EDWARD BURTON, JR., Individually and as husband and wife, 2243 South Market Street Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - ~4b Cf.Ji..l.. '--r~ v. CIVIL ACTION - LAW PETER TRIMBLE 115 East Woodland Drive Mechanicsburg, PA 17055 JURY TRIAL DEMANDED PRAECIPE FOR SUMMONS Issue Summons in Trespass in the above case. Writ of Summons shall be issued and forwarded to Sheriff. ?'JA {.-A ~ Herman A. Gailey, III, Esquire MARTZ & GAILEY LLP 96 South George Street Suite 430 York, Pennsylvania 17401 (717) 852-8379 ID #: 31097 * * * * * * * * * * * TO: Peter Trimble YOU ARE NOTIFIED THAT THE ABOVE -NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. ~ Date: (Y7d.V II c~CX)'I ~J./J~;'j~. ( Prothonotary/Clerk, Civi Divlsi <- _~~_P_/n./(~ Deputy , C \ -<Q AJ lf1 tl:. ~ ~ tr( ........ 0 ~ ~" ." t ~ ~ "- -c ..0 ~ , C I,. . r - ..~l f- 1- , " .-<q ''',) CJ e c-, r SHERIFF'S RETURN - REGULAR CASE NO: 2004-02246 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RIGG GERI ET AL VS TRIMBLE PETER CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS TRIMBLE PETER was served upon the , at 1908:00 HOURS, on the 19th day of May , 2004 DEFENDANT at 115 EAST WOODLAND DRIVE MECHANICSBURG, PA 17055 BELINDA TRIMBLE, WIFE by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.90 .00 10.00 .00 34.90 Sworn and Subscribed to before me this .tV'e day of ~L6...I' ;Lov'f A.D. ~ L.'1 {]~.- ~ f'$rothonotary' So Answers: .r~~:v R. Thomas Kline OS/20/2004 MARTZ & GAILEY BY:~<' Deputy Brigid Q, Alford, Esquire Supreme Court LD, #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108~0741 Attorneys for Defendant Peter Trimble GERI RlGG and EDWARD BURTON, JR., Individually and as husband and wife, Plaintiffs v. PETER TRIMBLE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 04-2246 CIVIL TERM : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE Kindly enter the appearances ofBrigid Q. Alford, Esquire: and Boswell, Tintner, Piccola & Alford on behalf of Defendant Peter Trimble. Respectfully submitted, By: Date: '-~ B gid . Alford, squir Supreme Court I.D. #38~ 0 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendant Peter Trimble CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Praecipe for Entry of Appearance by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Herman A. Gailey, Ill, Esquire Martz & Gailey, LLP 96 South George Street Suite 430 York,PA 17401 By: ~l~~ Brigid Q. Jford, Esq e Date: 6'(J,.f { oq C) """ 0 C-:_,> ~~.- = "1', ..r- ~:;-, '- ::;:l c,:.: fi:lpd ....,- -~_Ir'n :uy 2~d ---,-. .. c, ,"-=u ~:] () in <:.:: c_, --[ .'-" ""- - Brigid Q. Alford, Esquire Supreme Court 1.0. #38590 BOSWEll, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendant Peter Trimble GERI RIGG and EDWARD BURTON, JR., Individually and as husband and wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 04-2246 CIVIL TERM PETER TRIMBLE, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Enter a rule upon the Plaintiff to file a Complaint within twenty (20) days after service of the Rule, or Judgment of Non Pros will be entered. Date: a/fll{of Respectfully submitted, By: Brii~~,?sqUi~~ Supreme Court 1.0. #385l6 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendant Peter Trimble GERI RIGG and EDWARD BURTON, JR., Individually and as husband and wife, : IN THE COURT OF COMMON PLEAS : CUMBERLAN[) COUNTY, PENNSYLVANIA Plaintiffs v. : No. 04-2246 CIVIL TERM PETER TRIMBLE, : CIVIL ACTION.. LAW Defendant . JURY TRIAL m:MANDED RULE TO THE PLAINTIFF: You are ruled to file a Complaint within twenty (20) days after service hereof. Date: JJu'l .;],.3, :J. 00,/ a -U2 j~/ PROTHONOTARY CERTIFICATE OF SERVICE I do hereby certify that I have served on this date a true and correct copy of the foregoing Rule to File Complaint on the following by first-class mail, postage prepaid and addressed as follows: Herman A. Gailey, III, Esquire Martz & Gailey, LLP 96 South George Street Suite 430 York, PA 17401 c&~~ :J.~ Brigid a. Alf rd, Esquire Date: r { / 1(04 n r,,) l,,<:'_.' '" , - " ..~ w GERI RIGG and EDWARD BURTON, JR., Individually and as husband and wife, 2243 South Market Street Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2246 v. CIVIL ACTION - LAW PETER TRIMBLE 115 East Woodland Drive Mechanicsburg, PA 17055 JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth against you 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 default judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone No. (717) 240-6200 AVISO Usted Ha Sido Demandado en la corte. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted de be presentar comparecencia escrita en persona 0 por abogado y presentar en la Corte por escrito sus defensas 0 sus objeciones alas demandas en su contra. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y la corte puede decidir en su contra sin mas aviso 0 notificacion por cualquier dinero reclamado en la demanda 0 por cualiquier otra queja 0 compensacion redamados por el Demandante. Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI 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 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone No. (717) 240-6200 MARTZ & GAILEY LLP .q..f-4 6~ ~ Herman A. Gailey, 111, Esquire 96 South George Street Suite 430 York, PA 17401 (717) 852-83l9 ID No.: 31097 GERI RIGG and EDWARD BURTON, JR., Individually and as husband and wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 04-2246 v. CIVIL ACTION - LAW PETER TRIMBLE Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, this 2/J... day of September, 2004, come the Plaintiffs, Geri Rigg and Edward Burton, Jr., individually and as husband and wife, by their attorney, Herman A. Gailey, III, and file the following Complaint: 1. Plaintiff, Geri Rigg is an adult individual residing at 2243 S. Market Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Plaintiff, Edward Burton, Jr., is an adult individual residing at 2243 S. Market Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiffs are and at all times pertinent hereto were husband and wife. 4. Defendant, Peter Trimble, is an adult individual residing at 115 East Woodland Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 5. On September 6, 2002, Plaintiff, Geri Rigg, was the owner and operator of a 1996 Pontiac Grand Am with Pennsylvania registration number PZA444N. 6. On September 6, 2002, Defendant was the owner and operator of a 1986 Nissan D720. 7. On September 6,2002, at approximately 10:15 p.m., Plaintiff, Geri Rigg, was stopped at a stop sign on Allendale Road, preparing to turn left onto Oxford Drive in Mechanicsburg, Cumberland County, Pennsylvania. 8. At the aforementioned time and place, Defendant, Peter Trimble, struck the rear of Plaintiffs vehicle, causing injuries and damages as are hereinafter set forth. COUNT I GERI RIGG v. PETER TRIMBLE 9. Paragraphs one through eight (1 - 8) are incorporated herein by reference. 10. The accident and injuries hereinafter set forth were caused solely by the negligence of Defendant, Peter Trimble, and were in no way due to any act or failure to act on the part of the Plaintiff, Geri Rigg. 11. Defendant, Peter Trimble, was negligent in the operation of his vehicle as follows: a. Carelessly driving his vehicle in violation of 75 Pa.C.S.A. S 3714; b. Failing to keep alert and maintain a proper lookout for other traffic; c. Failing to maintain proper control in thl3 operation of his vehicle at such a speed that he could bring his vehicle to a stop within his assured clear distance ahead in violation of 75 Pa.C.S.A. S 3361; and d. Following too closely in violation of 75 Pa.C.S.A. S 3310. 12. As a result of the accident, Plaintiff, Geri Rigg, has sustained personal injuries which include but are not limited to injuries to the neck, back, left ear, jaw, as well as depression and anxiety. 13. As a further result of the accident, Plaintiff, Geri Rigg, has sustained and may sustain the following damages: a. Past and future pain and suffering; b. Past and future embarrassment, humiliation, and mental anxiety; c. Past and future loss of life's enjoyment; d. Past and future incident costs; e. Past and future reasonable and necessary medical expenses in excess of the statutory preclusion; f. Past and future loss of earnings in excess of first party benefits; and g. Scarring and disfigurement. 14. Plaintiff, Geri Rigg, avers that her damages eXGeed the applicable limits of arbitration, therefore, a jury trial is hereby demanded. WHEREFORE, Plaintiff, Geri Rigg, respectfully requests that this Honorable Court enter judgment against Defendant, Peter Trimble, in an amount in excess of $25,000.00 plus interest and costs as permitted by law. COUNT II EDWARD BURTON, JR. v. PETER TRIMBLE 15. Paragraphs one through fourteen (1 - 14) are incorporated herein by reference. 16. As a result of Defendant's negligence, carelessness, and recklessness that caused personal injuries to his wife, Plaintiff, Edward Burton, Jr., has lost and will continue to lose the companionship, comfort, society, servi,ces, and other forms of consortium of his wife. 17. Plaintiff, Edward Burton, Jr., avers that his damalges exceed the applicable limits of arbitration, therefore, a jury trial is hereby demanded. WHEREFORE, Plaintiff, Edward Burton, Jr., respectfully requests that this Honorable Court enter judgment against Defendant, Peter Trimble, in an amount in excess of $25,000.00 plus interest and costs as permitted by law. Respectfully submitted, /' C~~ ~ erman A. Gailey, III, Esquire MARTZ & GAILEY LLP 96 South George Street Suite 430 York, PA 17401 (717) 852-8379 ID No.: 31097 VERIFICATION I, Herman A. Gailey, III, Esquire, do hereby verify that I am the Attorney of Record for the pleading parties herein, and that the facts set forth in the foregoing Complaint are true to the best of my knowledge, information and belief, upon information supplied, and the verifications of the parties cannot be obtained within the time allowed for filing of the pleading. I understand that false statements made herein are made subject to the penalties of the 18 Pa. C.SA 4904 relating to unsworn falsification to authorities. Respectfully submitted: MARTZ & GAILEY LLP '7j /I ~~~ Q Herman A. Gailey, III, Esquire 96 South George Street Suite 430 York, Pennsylvania 117401 (717) 852-8379 I.D. Number: 31097 Date: 1/3/0-(- GERI RIGG and EDWARD BURTON, JR., Individually and as husband and wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 04-2246 v. CIVIL ACTION - LAW PETER TRIMBLE Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have this date served a true and correct copy of the foregoing Complaint on the following individual as set forth below by first class, United States pre-paid postage: Brigid Q. Alford, Esquire Boswell, Tintner, Piccola & Alford 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorney for Defendant Respectfully submiUed: Date: 1/3/ Of ~I II t?a~ ~ Herman A. Gailey, III, E quire MARTZ & GAILEY, LLP 96 South George Street Suite 430 York, Pennsylvania 17401 (717) 852-8379 ID Number: 31097 ~ CJ '"'-> 0 = c = .." :;"" ..c- en '-i ro1 :r " -0 nlf= I Ttrn :1.,;0 <. -.r 0(: --, -._.~ .J " ]~ :n '~'- -; =ii: '~O - ;o~., IT1 r::: ~.. ,.) ;;: );! .~ :n ~ -< -, N 'L " GERI RIGG and EDWARD BURTON, JR., Individually and as husband and wife, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-2246 v. CIVIL ACTION - LAW PETER TRIMBLE : JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VEFtlFICATION To the Prothonotary: Please substitute the Verification of Herman A. Gailey, III, Esquire, regarding the Complaint in the above-captioned case with the Verification of Plaintiff, Geri Rigg. Respectfully submitted, By: ~1 Ce.J{0J Herman A. Gailey, III, Esquire Martz & Gailey LLP 96 South. George Street Suite 430 York,PA 17401 (717) 852-8379 1.0.#31097 Date: ~\O\04 GERI RIGG and EDWARD BURTON, JR., Individually and as husband and wife, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 04-2246 v. PETER TRIMBLE : CIVIL ACTION - LAW : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have sent a true and correct copy of the Praecipe to Substitute Verification this 1 ih day of September, 2004, by First Class United States Mail to the following: Brigid Q. Alford, Esquire Boswell, Tintner, Piccola & Alford 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorney for Defendant Respectfully submitted, 1-1-11 Cc..-{ ~ Herman A. Gailey, III, Esquire MARTZ AND GAILEY 96 South George Street Suite 430 York, Pennsylvania 17401 (717) 852-8379 ID # 31097 VERIFICATION I, Geri Rigg, do hereby verify that the facts set forth in the foregoing Complaint are true to the best of my knowledge, information and belief. I understand that false statements made herein are, made subject to the penalties of the 18 Pa. C.SA S 4904 relating to unsworn falsification to authorities. L- ~/ GERI RIGG I' tt Date: tJ9 - /.}-o,-/ n "'" c' C:";:> () c....) .. -.:- -11 , C.") I:l v r,,) f'0 -, , r,) C,) C) ; .. Brigid Q. Alford, Esquire Supreme Court 1.0. #38590 BOSWEll, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 238-9377 (Phone) (717) 236-9316 (Facsimile) brigidaiford@att.net (Emaii) Attorneys for Defendant Peter Trirnbie GERI RIGG and EDWARD BURTON, JR., Individually and as husband and wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 04-2246 CIVIL TERM PETER TRIMBLE, Defendant : CIVIL ACTION. LAW : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Geri Rigg and Edward Burton, Jr. C/O Herman A. Gailey, III, Esquire Martz & Gailey, LLP 96 South George Street, Suite 430 York, PA 17401 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. BOSWELL, TINTNER, PI'CCOLA & ALFORD By: ~~ ;(, ,Or- Brigid Q. Alford, Esq e Date: I()t/~/O" I Brigid Q. Alford, Esquire Supreme Court 1.0. #38590 BOSWEll, TINTNER. PiCCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Defendant Peter Trimble GERI RIGG and EDWARD BURTON, JR., Individually and as husband and wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 04-2246 CIVIL TERM PETER TRIMBLE, Defendant : CIVIL ACTION ., LAW : JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO COMPLAINT WITH NEW MATTER Defendant Peter Trimble, by his attorneys, Brigid Q, Alford, Esquire and Boswell, Tintner, Piccola & Alford, answers Plaintiffs' Complaint, as follows: 1. Defendant is without knowledge or information sufficient to form a belief as to the truth of the matters averred in Paragraph 1 of the Complaint; the same are therefore denied and proof thereof demanded. 2. Defendant is without knowledge or information sufficient to form a belief as to the truth of the matters averred in Paragraph 2 of the Complaint; the same are therefore denied and proof thereof demanded. 3. Defendant is without knowledge or information sufficient to form a belief as to the truth of the matters averred in Paragraph 3 of the Complaint; the same are therefore denied and proof thereof demanded. 4. Admitted. 5. Defendant is without knowledge or informat,ion sufficient to form a belief as to the truth of the matters averred in Paragraph 5 of the Complaint; the same are therefore denied and proof thereof demanded. 6. Admitted. 7. Denied as stated, pursuant to Pa. R.C.P. NO.1 029(e). 8. Denied as stated, pursuant to Pa.R.C.p. No. 1029(e). ANSWER TO COUNT I Geri Riaa v. Peter Trimble 9. Defendant incorporates herein by reference his answers to Paragraphs 1-8, above. 10. Paragraph 10 sets forth conclusions of lawto which no response is required. 11. The allegations of negligence, carelessness, a nd violation of statute set forth conclusions of law to which no responses are required. As to the factual averments, Defendant Trimble: a. Denies that he drove his vehicle carelessly; -2- b. Denies that he failed to keep alert and maintain a proper lookout for other traffic; c. Denies that he failed to maintain proper control in the operation of his vehicle at such a speed that he could bring his vehicle to a stop within his assured clear distance ahead. 12. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 12; the same are therefore denied and proof thereof demanded. 13. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 13; the same are therefore denied and proof thereof demanded. 14. Paragraph 14 sets forth a statement as to jurisdictional amount and a demand for jury trial, to which no responses are required. WHEREFORE, Defendant demands that jUdgment be entered in his favor and against the Plaintiffs. ANSWER TO COUNT II Edward Burton. Jr. v. Peter Trimble 15. Defendant incorporates herein by reference his answers to Paragraphs 1-14, above. 16. The allegations of negligence, carelessness, recklessness, and causation set forth conclusions of law to which no response is required. A.s to the remaining averments of injury and damage, Defendant is without knowledge or information sufficient to form a -3- belief as to the truth of those averments; the same are therefore denied and proof thereof demanded. 17. Paragraph 17 sets forth a statement as to jurisdictional amount and a demand for jury trial, to which no responses are required. WHEREFORE, Defendant demands that judgment be entered in his favor and against the Plaintiffs. NEW MATTER 18. Plaintiff Geri Rigg fails to set forth a claim upon which relief can be granted. 19. Plaintiff Edward Burton fails to set forth a daim upon which relief can be granted. 20. Plaintiffs' injuries and damages, if any, were caused by events and/or conditions other than those described in the Complaint. 21. Plaintiffs' injuries and damages, if any, pre-existed the accident at issue. 22. The doctrine of contributory negligence and Pennsylvania's Comparative Negligence Statute may serve to bar all or part of Plaintiffs' claims against Defendant. 23. The doctrine of assumption of risk may serve to bar all or part of Plaintiffs' claims against Defendant. 24. Plaintiffs' right to recover damages against Defendant may be limited and/or barred by the operation of Pennsylvania's Motor Vehicle Financial Responsibility Law, including but not limited to their tort option selection thereunder. -4- WHEREFORE, Defendant demands that judgment be entered in his favor and against the Plaintiffs. Respectfully submitted, By: B~~~f~: ~ Supreme Court 1.0. #38590 BOSWELL, TINlTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendant Peter Trimble Date: f{}/t"t(?1 I VERIFICATION I, Brigid Q. Alford, Esquire, hereby state that I am the attorney for Defendant Peter Trimble, and that said Defendant cannot make the verification to the foregoing Defendant's Answer to Complaint with New Matter because the verification of Defendant cannot be obtained within the time necessary for this filing, and that I am authorized to make this verification on behalf of Defendant Peter Trimble, and that the facts set forth in the foregoing Defendant's Answer to Complaint with New MaUer are true and correct upon my personal knowledge, information and belief. I understand that my statements are made subject to 18 Pa.C.S. S4904 providing for criminal penalties for unsworn falsification to authority. I(}~~~'t ~~z.~ Brigicl'Ct Alford, quire CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Defendant's Answer to Complaint with New Matter by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Herman A. Gailey, III, Esquire Martz & Gailey, LLP 96 South George Street, SuitE~ 430 York, PA 17401 By: ~~ :<_~ Brigid . Alford,'Esq re Date: I 0{1't lo" t-) c--, _..~l c.o .~-1 -;' GERI RIGG and EDWARD BURTON, JR., Individually And as husband and wife IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2246 v. CIVIL ACTION - LAW PETER TRIMBLE : JURY TRIAL DEMANDED REPLY TO NEW MATTER ~ AND NOW this ~ day of November, 2004 come Plaintiffs through their attorney Herman A. Gailey, III and reply to New Matter of Defendant Peter Trimble as follows: 18. Denied and averred to the contrary that Plaintiff Geri Rigg's Complaint sets forth a good and adequate cause of action. 19. Denied and averred to the contrary that Plaintiff Edward Burton's Compliant sets forth a good and adequate cause of action. 20. Denied and averred to the contrary that the acts of answering defendant and the accident at issue caused damages as alleged in Plaintiffs' Complaint. 21. Denied and averred to the contrary that the acts of answering defendant and the accident at issue caused damages as alleged in Plaintiffs' Complaint. 22. Denied and averred to the contrary that Plaintiff was in no way negligent and that neither contributory nor comparative negligence should be imputed to her. 23. Denied and averred to the contrary that Plaintiff at no time assumed the risk or otherwise proceeded in the face of a known danger. 24. Admitted that the Pennsylvania Motor Vehicle Financial Law applies to this case. The averments regarding the affects of that act are denied as a conclusion of law to which no response is required. WHEREFORE, your Honorable Court is requested to dismiss the New Matter of Defendant Trimble and to enter judgment as prayed in Plaintiff's Complaint. Respectfully Submitted: MARTZ & GAILEY, LLP 'ilC~'U"n ~() A. I, d'''X)) o te: ~~f1fG~~ Herman A. Gailey, III, Esquire 96 South George Street SuitH 430 York, PA 17401 (717) 852-8379 1.0. Number: 31907 GERI RIGG and EDWARD BURTON, JR., Individually And as husband and wife IN THE COURT OF COMMON PLEAS OF CUMBERL.AND COUNTY, PENNSYLVANIA NO. 04-2246 v. CIVIL ACTION - LAW PETER TRIMBLE : JURY TRIAL DEMANDED VERIFICATION I, Herman A. Gailey, III, Esquire, do hereby verify that I am the Attorney of Record for the pleading party herein, and that the facts set forth in the foregoing pleading are true to the best of my knowledge, information and belief, upon information supplied, and the verification of the party cannot be obtained within the time allowed for filing of the pleading. I understand that false statements made herein are made subject to the penalties of the 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Respectfully submitted: MARTZ & GAILEY LLP Date:~ 1Y\~() I dCOtf I /7/-;!(~ ~ Herman A. Gailey, III, Esquire 96 South George Street Suite 430 York, Pennsylvania 17401 (717) 852-8379 1.0. Number: 31097 GERI RIGG and EDWARD BURTON, JR., Individually And as husband and wife IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2246 v. CIVIL ACTION - LAW PETER TRIMBLE : JURY TRIAL DEMANDED CERTIFICATE OF SERVICIg .sl- I hereby certify that I have this ~ day of -No\}~ 2004 served a true and correct copy of the foregoing Reply to New Matter on the following individual as set forth below by first class, United States pre-paid postage: Brigid Q. Alford, Esquire BOSWELL, TINTNER PICCOLA & ALFORD 315 North Front Street PO Box 741 Harrisburg, PA 17108-0741 Respectfully submitted: Date:~~JL) l)actY-J /Y'H~-1- ? Herman A. ailey, II , Esquire MARTZ & GAILEY, LLP 96 South George Street Suite 430 York, Pennsylvania 17401 (717) 852-8379 ID Number: 31097 ,...;) ~ n <;.::> c":' ~:; ..;;:;:- ::;.1 ';:" Z _.1_ .." c"-:J rllp < -O~ I -0 N c:.> ~=t4 -0 .:;~(=) -.. '. -'" Gm ;> (~:~~ - ~''::'~ 1__. . . 'J) ""Y W ~i ~ W Brigid Q. Alford, Esquire Supreme Court 1.0. #38590 BOSWEll, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Defendant Peter Trimble GERI RIGG and EDWARD BURTON, JR., Individually and as husband and wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 04-2246 CIVIL TERM PETER TRIMBLE, Defendant : CIVIL ACTION - LAW : JURY TRIAL DE:MANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification for the Attorney's Verification filed with Defendant Peter Trimble's Answer to Plaintiffs' Complaint with New Matter filed on or about October 18, 2004. Respectfully submitted, By: B~fO~\~ Supreme Court I.D. # 8590 BOSWEll, TINTNER, PICCOLA & ALFORD 315 North Front Street, P.O. Box 741 Harrisburg, Penns~ylvania 17108-0741 Attorneys for Defeindant Christopher Colgan Date: ~;1f)i VERIFICATION I, Peter Trimble, hereby verify that the facts contained in the foregoing Defendant Trimble's Answer to Plaintiffs' Complaint with New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. 94904 relating to unsworn falsification to authorities. P Date: //;1 ~t1" CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Praecipe to Substitute Verification by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Herman A. Gailey, III, Esquire Martz & Gailey, LLP 96 South George Street, Suite 430 York, PA 17401 By: lIr; ~ ~ Brigid~lfOr : Esq ire Date: II (~/D1 ~)tlc r',' : (:/1 o ,.- '-;::" ~,~:: :::i -< ~ c::> (::;>- ...t:"" -...,""" -- o ...::: , w o -n =:l :1. "T1 n1r:-"" -i) 1Tl? :0 Or) ",1..'1', oJ: -n (".)-- ~o...() ""-In I...~) :.;~ :2 \:'l -"''1:" _J"-!I'o- ':-? w GERI RIGG and EDWARD BURTON, JR., Individually and as husband and wife, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-2246 v. : CNIL ACTION - LAW PETER TRIMBLE : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have sent a true and correct copy of the Plaintiffs' Answers to Defendant's First Set of Interrogatories and Plaintiffs' Response to Defendant's First Request for Production of Documents, this 5th day of November, 2004, by First Class United States Mail to the following: Brigid Q. Alford, Esquire Boswell, Tintner, Piccola & Alford 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorney for Defendant Respectfully submitted, /fj4?a4 ~ Herman A. Gailey, III, Esquire MARTZ AND GAILEY 96 South George Street Suite 430 York, Pennsylvania 17401 (717) 852-8379 ID # 31097 C? r--.> <:::) ::;:! c::; -:;;; C"\ ,) :l~: Ct,') (11 P 'II ::;-:1 -' III i%;! :~;l fT1 i.1Y ::~-j ~:;; :H c5 nl . Brigid Q. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TlNTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-93 77 (Phone) (717) 236-9316 (Facsimile) brigidaIford@att.net (Email) Attorneys for Defendant Peter Trimble GERI RIGG and EDWARD BURTON, JR., Individually and as husband and wife, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs v. : No. 04-2246 CIVIL TERM PETER TRIMBLE, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED CERTIFICATE PREREOUISITE 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 the subpoenas with copies of the subpoenas attached thereto was mailed to Counsel of record on December 13, 2004. (2) A copy of the notice of intent, including the proposed subpoenas, is attached to this certificate, marked as Exhibit A. (3) No objection to the subpoenas has been received. Counsel for Plaintiff has waived the 20 day time period. (4) The subpoenas which were served are identical to the subpoenas which are attached to the notice of intent to serve the subpoenas. Respectfully submitted, By: ~ . BrigidtQ. Alford, E uire Supreme Court #38590 Boswell, Tintner, Piccola & Alford 315 North Front Street Harrisburg, PA 17101 (717) 236-9377 Attorneys for Defendant Trimble Date: December 22, 2004 Brigid Q. Alford, Esquire Supreme Court LD. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-93 77 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Defendant Peter Trimble GERI RIGG and EDWARD BURTON, JR., Individually and as husband and wife, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs v. : No. 04-2246 CIVIL TERM PETER TRIMBLE, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant Peter Trimble, intends to serve subpoenas identical to the ones that are attached to this notice upon the following: 1. Iron Hill Family Practice 2. Keystone Rehabilitation Systems 3. Pennsylvania Open MRI 4. CVS Pharmacy 5. ECD 6. Peerless Insurance 7. OneBeacon Insurance 8. Allstate Insurance Company You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. Respectfully submitted, By: Brigi Q. Alford, Esq Supreme Court #3859 Boswell, Tintner, Piccola & Alford 315 North Front Street Harrisburg, PA 17101 (717) 236-9377 Attorneys for Defendant Peter Trimble Date: December 13, 2004 COlVIMONWEAL TH OF PENNSYL VANIA COUNTY OF CUNffiERLAND GERI RIGG and EDWARD BURTON, JR., Individually and as husband and wife, : IN THE COURT OF COMMON PLEAS : CUNffiERLAND COUNTY, PENNSYL VANIA Plaintiffs v. : No. 04-2246 CIVIL TERlVI PETER TRIlVffiLE, Defendant : CIVIL ACTION - LA \V : JURY TRIAL DElVIANDED SUBPOENA TO PRODUCE DOCUl\1ENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Iron Hill Familv Practice. 880 Poplar ChurchRoad. Camp Hill. PA 17011 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of medical records. treatment notes. office notes. x-ray reports. etc.. for GERI RIGG-CROWLEY. a!kJa GERI CROWLEY. a!kJa GERI RIGG- BURTON. SS#188-60-9640. Date of Birth - 6/30/1979. Records reouested are from Januarv 1. 1992 throu2:h December 14. 2004. at Boswell. Tintner. Piccola & Alford, 315 N. Front Street/PO Box 741/Harrisburg, PA 17108- 0741 (Address) 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 REQ1JEST OF THE FOLLOWING PERSON: NAME: Bri2:id O. Alford. Esouire ADDRESS: 315 N. Front StreetJPO Box 741 Harrisbur2:. PA 17108-0741 TELEPHONE : (717) 236-9377 SUPREME COURT ill #:38590 ATTORNEY FOR: Peter Trimble BY THE COURT: DATE: COMNIONWEAL TH OF PENNSYL VANIA COUNTY OF CUNffiERLAND GERI RIGG and EDW ARD BURTON, JR., Individually and as husband and wife, : IN THE COURT OF COMNION PLEAS : CUNffiERLAND COUNTY, PENNSYL VANIA Plaintiffs v. : No. 04-2246 CIVIL TERNI PETER TRIMBLE, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUNIENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Kevstone Rehabilitation Services. 101 Erford Road. Suite 202. Camp Hill. PA 17011 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of medical records. treatment notes. office notes. x-ray reports, etc.. for GERI RIGG-CROWLEY. aJk/a GERI CROWLEY. aJk/a GERI RIGG- BURTON. SS#188-60-9640. Date of Birth - 6/30/1979. Records rfQuested are from January 1. 1992 throueh December 14. 2004. at Boswell. Tintner. Piccola & Alford, 315 N. Front Street/PO Box 741IHarrisbur!z. PA 17108- 0741 (Address) 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: NA.N1E: Brieid O. Alford. ESQuire ADDRESS: 315 N. Front StreetJPO Box 741 Harrisbure. PA 17108-0741 TELEPHONE : (717) 236-9377 SUPRE.N1E COURT ill #:38590 ATTORNEY FOR: Peter Trimble BY THE COURT: DATE: COMMONWEAL TH OF PENNSYL VANIA COUNTYOFC~mERLAND GERl RlGG and ED'V ARD BURTON, JR., Individually and as husband and wife, : IN THE COURT OF COMMON PLEAS : Cm-mERLAND COUNTY, PENNSYL VANIA Plaintiffs v. : No. 04-2246 CIVIL TERlVl PETER TRIMBLE, : CIVIL ACTION - LAW : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUlVIENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Defendant TO: Pa Open MRI (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: COl>ies of medical records. trE~atment notes. office notes. x-rav reports. etc.. for GERI RIGG-CROWLEY. a/k/a GERI CROWLEY. a/k/a GERI RIGG- BURTON. SS#188-60-9640. Date of Birth - 6/30/1979. Records requested are from .Tanuarv 1. 1992 throu!!h December 14. 2004. at BoswelL Tintner. Piccola & Alford. 315 N. Front StreetIPO Box 741/Harrisburg. FA 17108- 0741 (Address) 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 REQTJEST OF THE FOLLOWING PERSON: NAME: Bri!!id O. Alford. ESQuire ADDRESS: 315 N. Front Street/PO Box 741 Harrisbur!!. PA 17108-0741 TELEPHONE : (717) 236-9377 SUPREME COURT ID #:38590 ATTORNEY FOR: Peter Trimble BY THE COURT: DATE: COMMONWEAL TH OF PENNSYL VANIA COUNTY OF CUl\'ffiERLAND GERI RIGG and EDWARD BURTON, JR., Individually and as husband and wife, : IN THE COURT OF COMlVION PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs v. : No. 04-2246 CIVIL TERM PETER TRIMBLE, : CIVIL ACTION - LAW : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Defendant TO: CVS Pharmacy, 30 E. Simpson Street, Mechanicsburl!, PA 17055 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Cooies of medical records. for GERI RIGG-CROWLEY. a!k/a GERI CROWLEY. aJk/a GERI RIGG-BURTON. SS#188-60-9640. Date of Birth - 6/30/1979. Records reQuested are from Januarv 1. 1992 throul!h December 14. 2004. at Boswell. Tintner. Piccola & Alford. 315 N. Front StreetIPO Box 741IHarrisbur~. PA 17108- 0741 (Address) 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: Bril!id O. Alford. ESQuire ADDRESS: 315 N. Front StreetJPO Box 741 Harrisbur1!. PA 17108-0741 TELEPHONE : (717) 236-9377 SUPREME COURT ill #:38590 A TIORNEY FOR: Peter Trimble BY THE COURT: DATE: COMMON"VEAL TH OF PENNSYLVANIA COUNTY OF ClTh'ffiERLAND GERI RIGG and EDWARD BURTON, JR., Individually and as husband and wife, : IN THE COURT OF COMNION PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs v. : No. 04-2246 CIVIL TERlVI PETER TRIlVffiLE, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOClTh'IENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Eastern Consolidation & Distribution Services. Inc.. 405 St~~rlin2 Street. Camp Hill. PA (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of emolovment records.. emolovrnent aoplications. salarv historv. work evaluations. etc.. for GERI RIGG-CROWLEY. aJkIa GERI CROWLEY. a!kJa GERI RIGG-BURTON. S8#188-60-9640. Date of Birth - 6/30/1979. at Boswell. Tintner, Piccola & Alford. 315 N. Front StreetIPO Box 741/Harrisbur~. PA 17108- 0741 (Address) 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 ad vance, 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. TillS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NA:N1E: Bri2:id O. Alford. ESQuire ADDRESS: 315 N. Front Street/PO Box 741 Harrisbur2:. FA 17108-0741 TELEPHONE: (717) 236-9377 SUPREME COURT ID #:38590 A TIORNEY FOR: Peter Trimble BY THE COURT: DATE: COMlVION'VEAL TH OF PENNSYLVANIA COUNTY OF CUlVIBERLAND GERI RIGG and ED'V ARD BURTON, JR., Individually and as husband and wife, : IN THE COURT OF COMMON PLEAS : CUlVffiERLAND COUNTY, PENNSYL VANIA Plaintiffs v. : No. 04-2246 CIVIL TERM PETER TRIlVffiLE, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Peerless Insurance. Harrisburl! Claim Office. Claims Dept.. PO Box 8851. Camp Hill. PA 17001-8851 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of 3rd Partv Benefits liile for MV A on 6/26/2002. Your Insured - Kellv E. Linde:ren.: Claimaint: GERI RIGG-CROWLEY. aJkJa GERI CROWLEY. aJkJa GERI RIGG-BURTON. SS#188-60-9640. Date of Birth - 6/30/1979. at Boswell, Tintner, Piccola & Alford, 315 N. Front StreetIPO Box 741lHarrisburg, PA 17108- 0741 (Address) 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: NAtv1E: Brie:id O. Alford. Esauire ADDRESS: 315 N. Front StreetJPO Box 741 Harrisbure:. PA 17108-0741 TELEPHONE : (717) 236-9377 SUPRENIE COURT In #:38590 ATTORNEY FOR: Peter Trimble BY THE COURT: DATE: COMMONWEAL TH OF PENNSYL VANIA COUNTY OF C~mERLAND GERI RIGG and ED\V ARD BURTON, JR., Individually and as husband and wife, : IN THE COURT OF COMl\.'lON PLEAS : C~mERLAND COUNTY, PENNSYL VANIA Plaintiffs v. : No. 04-2246 CIVIL TERM PETER TRIlVIBLE, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: One Beacon Insurance. Foxborou2:h Business Center. 1 Constitution Way. Foxborou2:h. MA 02035-2661 (Name of Person or Entity) Within twenty (:20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of 3rd Partv Benefits File for MV A on 7/23/02. Your Insured - Lisa Tomkinson. Claim #0P205224Y02: Claimaint: GERI RIGG-CROWLEY. aIkIa GERI CROWLEY. aIkIa GERI RIGG-BURTON. SS#188-60-9640. Date of Birth - 6/30/1979. at Boswell. Tintner. Piccola & Alford. 315 N. Front StreetIPO Box 741IHarrisbur~. PA 17108- 0741 (Address) 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: NAJ.\IIE: Bri2"id O. Alford. Esquire ADDRESS: 315 N. Front Street/PO Box 741 Harrisbur2". PA 17108-0741 TELEPHONE : (717) 236-9377 SUPREJ.\IIE COURT ill #:38590 A TIORNEY FOR: Peter Trimble BY THE COURT: DATE: COMMONWEAL TH OF PENNSYL VANIA COUNTY OF ClTh'ffiERLAND GERI RIGG and EDWARD BURTON, JR., Individually and as husband and wife, : IN THE COURT OF C0Ml\10N PLEAS : ClTh'IBERLAND COUNTY, PENNSYL VANIA Plaintiffs v. : No. 04-2246 CIVIL TERl\'1 PETER TRIl\'IBLE, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEl\'IANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Allstate Insurance Company. Harrisburg: Office. 6345 Flanl~ Drive. Suite 1000. Harrisburg:. PA 17112 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of rt Partv Benefits File for the followinl! MV A's: 6/26/02. Claim #155441205401: 7/23/02. Claim #155443065001: 9/6/02. Claim #Unknown. Your insured: GERI RIGG-CROWLEY. a!k/a GERI CRO\VLEY. a!k/a GERI RIGG-BURTON. SS#188-60-9640. Date of Birth - 6/30/1979. at Boswell. Tintner. Piccola & Alford. 315 N. Front Street/PO Box 741/Harrisbur~. PA 17108- 0741 (Address) 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 pmty 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: Bril!id O. Alford. ESQuire ADDRESS: 315 N. Front StreetJPO Box 741 Harrisbun!. PA 17108-0741 TELEPHONE : (717) 236-9377 SUPREME COURT ID #:38590 ATTORNEY FOR: Peter Trimble BY THE COURT: DATE: CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Defendant Trimble's Notice of Intent to Serve Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.21, by first-class United States mail upon the following at the address set forth below: Herman A. Gailey, III, Esquire Martz & Gailey, LLP 96 South George Street, Suite 430 York, PA 17401 By: k~k Denise L. Foster, Paralegal Date: December 13, 2004 CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Defendant Abram's Certificate Prerequisite, by first-class United States mail upon the following at the address set forth below: Herman A. Gailey, Ill, Esquire Martz & Gailey, LLP 96 South George Street, Suite 430 York, PA 17401 .w- tj(;Jy Denise L. Foster, Paralegal By: Date: December 22, 2004 GERI RIGG and EDWARD BURTON, JR., Individually and as husband and wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-2246 v. CIVIL ACTION - LAW PETER TRIMBLE : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have sent a true and correct copy of the Plaintiffs' Answers to Defendant's Second Set of Interrogatories and Plaintiffs' Response to Defendant's Second Request for Production of Documents, this 25th day of February, 2005, by First Class United States Mail to the following: Brigid Q. Alford, Esquire Boswell, Tintner, Piccola & Alford 3 I 5 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorney for Defendant Respectfully submitted, //Ht C~e> Herman A. Gailey, III, Esquire MARTZ AND GAILEY 96 South George Street Suite 430 York, Pennsylvania 17401 (717) 852-8379 ID # 31097 ~ -1.-.. ~ """ ~ ~ --0 ~ ~ <5' o , , GERI RIGG and EDWARD BURTON, JR., Individually and as husband and wife, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-2246 v. : CIVIL ACTION - LAW PETER TRIMBLE : JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW COUNT II OF PLAINTIFF'S COMPLAiNT Plaintiff, Geri Rigg, requests that Count II of her Complaint be withdrawn, with prejudice, and the caption of this case be amended to read "Geri Rigg, Plaintiff, v. Peter Trimble, Defendant." Respectfully submitted: Date: '7\\\\00 :5H 0~ 1C) Herman A. Gailey, III, Esquire MARTZ & GAILEY, LLP 96 South George Street Suite 430 York, Pennsylvania 17401 (717) 852-8379 Supreme Court Number: 31097 . I , GERl RIGG : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-2246 CIVIL ACTION - LAW PETER TRIMBLE : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that on this ~ day of March, 2005, I have sent a true and correct copy of the Praecipe to Withdraw Count II of Plaintiff's Complaint by First Class United States Mail to the following: Brigid Q. Alford, Esquire Boswell, Tintner, Piccola & Alford 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorney for rJefendant Respectfully submitted, ~J4C~~ Herman A. Gailey, III, squire MARTZ AND GAILEY 96 South George Street Suite 430 York, Pennsylvania 17401 (717) 852-8379 ID # 31097 Brigid Q. Alford. Esquire Supreme Court LD. #38590 BOSWELL. TINTNER. PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg. PA 17108-0741 (717) 236-9377 (Phooe) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Defendant Peter Trimble GERI RIGG and EDWARD BURTON, JR., Individually and as husband and wife, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : No. 04-2246 CIVIL TERM PETER TRIMBLE, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED CERTIFICATE PREREOUlSITE 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 the subpoenas with copies of the subpoenas attached thereto was mailed to Counsel of record on March 9, 2005, (2) A copy of the notice of intent, including the proposed subpoenas, is attached to this certificate, marked as Exhibit A. (3) No objection to the subpoenas has been received. Counsel for Plaintiff has waived the 20 day time peliod. (4) The subpoenas which were served are identical to the subpoenas which are attached to the notice of intent to serve the subpoenas. Respectfully submitted, By: Brigi Q. Alford, Es Supreme Court #385 0 Boswell, Tintner, Piccola & Alford 315 North Pront Street Harrisburg, PA 17101 (717) 236-9377 Attorneys for Defendant Trimble Date: March 28, 2005 Brigid Q. Alford. Esquire Supreme Court LD. #38590 BOSWELL. TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg. PA 17108,0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Emal!) Attorneys for Defendant Peter Trimble GERI RIGG and EDWARD BURTON, JR., Individually and as husband and wife, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs v. : No. 04-2246 CIVIL TERM PETER TRIMBLE, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant Peter Trimble, intends to serve subpoenas identical to the ones that are attached to this notice upon the following: 1. Molhollem Chiropractic Center 2. Hetrick Center 3. Tristan Associates 4. Pinnacle Health System - Polyclinic Hospital 5. Parks Van & Storage 6. Kephart Trucking Company 7. Transcorps Xpress 8. Li], Rigg Trucking You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. Respectfully submitted, By: Brigid Q. Alford, Esquir Supreme Court #38590 Boswell, Tintner, Piccola & Alford 315 North Front Street Harrisburg, PA 17101 (717) 236-9377 Attorneys for Defendant Peter Trimble Date: March 9, 2005 COMMONWEAL TH OF PENNSYL VANIA COUNTY OF CUMBERLAND GERI RIGG and EDWARD BURTON, JR., Individually and as husband and wife, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs v. : No. 04-2246 CIVIL TERM PETER TRIMBLE, Defendant : CIVIL ACTION - LA W : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Molhollem Chiropractic Center. PO Box 508. New Bloomfield. PA 17068 (Name of Person or Entity) Within twenty (20) days after service of this subpoena. you are ordered by the court to produce the following documents or things: Copies of anv and all medical records. treatment notes. correspondence. x-rav reports. referrals. etc.. for GERI RIGG-CROWLEY. a/kJa GERI CROWLEY. a/kJa GERI RIGG-BURTON. SS#188-60-9640. Date of Birth - 6/30/1979. Records reQuested are from Januarv 1. 1992 throu!!h March 9. 2005. at Boswell. Tintner. Piccola & Alford. 315 N. Front Street/PO Box 741/Harrisbun!. PA 17108- 0741 (Address) You may deliver or mail legibie 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: Bri!!id O. Alford. ESQuire ADDRESS: 315 N. Front Street/PO Box 741 Harrisbur!!, PA 17108-0741 TELEPHONE : (717) 236-9377 SUPREME COURT ill #:38590 ATTORNEY FOR: Peter Trimble BY THE COURT: DATE: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GERI RIGG and EDWARD BURTON, JR., Individually and as husband and wife, : IN THE COURT OF COMMON PLEAS : CUl\lBERLAND COUNTY, PENNSYL VANIA Plaintiffs v. : No. 04-2246 CIVIL TERM PETER TRIMBLE, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hetrick Center. 6481 Carlisle Pike. Mechancisburg, PA 17050 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of anv and all medical records. treatment notes. correspondence. x-rav reports. referrals. etc.. for GERI RIGG-CROWLEY. aJk/a GERI CROWLEY. alk/a GERI RIGG-BURTON. SS#188-60-9640. Date of Birth - 6/30/1979. Records reQuested are from Januarv 1. 1992 through March 9, 2005. at Boswell. Tintner. Piccola & Alford. 315 N. Front Street/PO Box 741/Harrisbun!. PA 17108- 0741 (Address) You may deli ver 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: Brigid O. Alford. ESQuire ADDRESS: 315 N. Front Street/PO Box 741 Harrisburg. PA 17108-0741 TELEPHONE : (717) 236-9377 SUPREME COURT ID #:38590 ATTORNEY FOR: Peter Trimble BY THE COURT: DATE: COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND GERI RIGG and EDWARD BURTON, JR., Individually and as husband and wife, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs v. : No. 04-2246 CIVIL TERM PETER TRIMBLE, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMAr'mED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Tristan Associates. 4349 Carlisle Pike. Camp Hill, PA 17011 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all medical records, treatment notes, correspondence. x-ray reports. referrals, etc.. for GERI RIGG-CROWLEY. a/k/a GERI CROWLEY, aIkIa GERI RIGG-BURTON. SS#188-60-9640. Date of Birth - 6/30/1979. Records requested are from Januarv 1. 1992 throu2:h March 9, 2005. at Boswell. Tintner. Piccola & Alford. 315 N. Front Street/PO Box 74llHarrisburg. PA 17108- 0741 (Address) 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. TillS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Bri2:id O. Alford. Esquire ADDRESS: 315 N. Front StreetJPO Box 741 Harrisbur2:, PA 17108-0741 TELEPHONE: (717) 236-9377 SUPREME COURT ill #:38590 ATTORNEY FOR: Peter Trimble BY THE COURT: DATE: COMMONWEAL TH OF PENNSYL VANIA COUNTY OF CUMBERLAND GERI RIGG and EDWARD BURTON, JR., Individually and as husband and wife, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : No. 04-2246 CIVIL TERM PETER TRIMBLE, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED SlJBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUAJ'.'T TO RULE 4009.22 TO: Pinnacle Health System - Polvclinic Hospital - PO Box 8700. Harrisburl!. PA 17105 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of anY and all medical records. treatment notes. correspondence. x-raY reports. referrals. etc.. for GERI RIGG-CROWLEY. a/k/a GERI CROWLEY. alkJa GERI RIGG-BURTON. SS#188-60-9640. Date of Birth - 6/30/1979. Records requested are from Januarv 1. 1992 throul!h March 9. 2005. at Boswell. Tintner. Piccola & Alford. 315 N. Front StreetIPO Box 741/Harrisburg. PA 17108- 0741 (Address) 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. TIDS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Bril!id O. Alford. Esquire ADDRESS: 315 N. Front StreeUPO Box 741 Harrisburl!. PA 17108-0741 TELEPHONE: (717) 236.9377 SUPREME COURT ill #:38590 ATTORNEY FOR: Peter Trimble BY THE COURT: DATE: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GERI RIGG and EDWARD BURTON, JR., Individually and as husband and wife, : IN THE COURT OF COMMON PLEAS : CUl\IBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : No. 04-2246 CIVIL TERM PETER TRIMBLE, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Parks Van & Storal!e. 1001 S. 13th Street. Harrisburl!. PA (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of anv and all emplovment records. incIudinl! employment application. work history. work evaluations. salary history. etc.. for GERI RIGG-CROWLEY. a/kIa GERI CROWLEY. a/kIa GERI RIGG-BURTON. SS#188-60- 9640. Date of Birth - 6/30/1979. at Boswell. Tintner. Piccola & Alford. 315 N. Front StreetfPO Box 741IHarrisburg, PA 17108- 0741 (Address) 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 REQtTEST OF THE FOLLOWING PERSON: NAME: Bril!id O. Alford. Esauire ADDRESS: 315 N. Front Street/PO Box 741 Harrisburl!. PA 17108-0741 TELEPHONE : (717) 236-9377 SUPREME COURT ill #:38590 ATTORNEY FOR: Peter Trimble BY THE COURT: DATE: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GERI RIGG and EDWARD BURTON, JR., Individually and as husband and wife, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs v. : No. 04-2246 CIVIL TERM PETER TRIMBLE, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED SlJBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Ke9hart Trucking Co. PO Box 386. Bigler. PA 16825 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of anv and all emplovment records. including emplovment application. work historv. work evaluations. salarv history. etc.. for GERI RIGG-CROWLEY. aJk/a GERI CROWLEY. a!k/a GERI RIGG-BURTON. 55#188-60- 9640. Date of Birth - 6/30/1979. at BoswelL Tintner. Piccola & Alford. 315 N. Front Street/PO Box 741IHarrisbur2:. P A 17108- 0741 (Address) 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. THlS SUBPOENA WAS ISSUED AT THE REQlIEST OF THE FOLLOWli'lG PERSON: NAME: Brigid O. Alford. ESQuire ADDRESS: 315 N. Front Street/PO Box 741 Harrisbur!!. PA 17108-0741 TELEPHONE: (717) 236-9377 SUPREME COURT ill #:38590 ATTORNEY FOR: Peter Trimble BY THE COURT: DATE: COMMONWEAL TH OF PENNSYLVANIA COUNTY OF CUMBERLAND GERI RIGG and EDWARD BURTON, JR., Individually and as husband and wife, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : No. 04-2246 CIVIL TERM PETER TRIMBLE, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Transcorp X-Press Companv. PO Box 60606. Harrishur!!. PA 17106 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of anY and all emplovment records. incIudinl! emplovment application. work historv, work evaluations, salarv historv, etc.. for GERI RIGG-CROWLEY. alkJa GERI CROWLEY. alkJa GERI RIGG-BURTON. SS#188-60- 9640, Date of Birth - 6/30/1979. at Boswell. Tintner. Piccola & Alford. 315 N. Front Street/PO Box 741/Harrisburg. PA 17108- 0741 (Address) 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 tight 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. TillS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Bril!id O. Alford, Esquire ADDRESS: 315 N. Front Street/PO Box 741 Harrisburl!. PA 17108-0741 TELEPHONE : (717) 236-9377 SUPREME COURT ill #:38590 ATIORNEY FOR: Peter Trirnble BY THE COURT: DATE: . COMMONWEAL TH OF PENNSYLVANIA COUNTY OF CUMBERLAND GERI RIGG and EDWARD BURTON, JR., Individually and as husband and wife, : IN THE COURT OF COMlYION PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs v. : No. 04-2246 CIVIL TERM PETER TRIMBLE, Defendant : CIVIL ACTION - LA W : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Lil' Rigg Trucking. 2243 S. Market Street. Mechanicsburg. PA 17050 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of anY and all emplovment records. including emDlovment application, work history. work evaluations. salarv historv. etc.. for GERI RIGG.CROWLEY, a!kJa GERI CROWLEY. a!kJa GERI RIGG-BURTON. SS#188-60- 9640. Date of Birth - 6/30/1979. at Boswell. Tintner. Piccola & Alford. 315 N. Front Street/PO Box 74l/Harrisburg. PA 17108- 0741 (Address) 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 coul1 order compelling you to comply with it. THlS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Brigid O. Alford. ESQuire ADDRESS: 315 N. Front Street/PO Box 741 Harrisburg, PA 17108.()741 TELEPHONE : (717) 236.9377 SUPREME COURT ID #:38590 ATTORNEY FOR: Peter Trimble BY THE COURT: DATE: . CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Defendant Trimble's Notice of Intent to Serve Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.21, by first-class United States mail upon the following at the address set forth below: Herman A. Gailey, III, Esquire Martz & Gailey, LLP 96 South George Street, Suite 430 York, PA 17401 By: ]J~ ?k~ Denise L. Foster, Paralegal Date: March 9, 2005 CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Defendant Trimble's Certificate Prerequisite, by first-class United States mail upon the following at the address set forth below: Herman A. Gailey, III, Esquire Martz & Gailey, LLP 96 South George Street, Suite 430 York, PA 1740 ',7JR~ {;f{:k By: Denise L. Foster, Paralegal Date: March 28, 2005 (\ ( r-' c....':r '0::~ Q., -~ .,;:.{) t\;~ ";:" -- v:> \;.0 (J\ ..p p. '.,:':1. Brigid Q. Alford. Esquire Supreme Court J.D. #38590 BOSWELL, TINTNER. PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg. PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@atLnet (Email) Attorneys for Defendant Peter Trimble GERI RIGG and EDWARD BURTON, JR., Individually and as husband and wife, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs v. : No. 04-2246 CIVIL TERM PETER TRIMBLE, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED CERTIFICA TE PREREOUISITE 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 the subpoenas with copies of the subpoenas attached thereto was mailed to Counsel of record on April 14, 2005. (2) A copy of the notice of intent, including the proposed subpoenas, is attached to this certificate, marked as Exhibit A. (3) No objection to the subpoenas has been received. Counsel for Plaintiff has waived the 20 day time period. (4) The subpoenas which were served are identical to the subpoenas which are attached to the notice of intent to serve the subpoenas. Respectfully submitted, By: 'J)/tL; cl/, _ ') ~" Brigi Q. Alford, Es Supreme Court #385 Boswell, Tintner, Piccola & Alford 315 North Pront Street Harrisburg, PA 17101 (717) 236-9377 Attorneys for Defendant Trimble Date: April 21, 2005 Brigid Q. Alford, Esquire Supreme Court J.D. #38590 BOSWELL. TINTNER. PICCOLA & ALFORD 315 North Front Street Post Office Box. 741 HarrIsburg. PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brtgldalford@att.net (Email) Attorneys for Defendant Peter Trimble GERI RIGG and EDWARD BURTON, JR., Individually and as husband and wife, : IN THE COURT OF COMMON PLEAS : CUNffiERLAND COUNTY, PENNSYL VANIA Plaintiffs v. : No. 04-2246 CIVIL TERM PETER TRIMBLE, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 - THIRD SET Defendant Peter Trimble, intends to serve subpoenas identical to the ones that are attached to this notice upon the following: 1. Malik Momin, M.D. - Susquehanna Valley Pain Management, P.c. 2. Dr. William Beutler 3. PRISM You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. Respectfully submitted, BY:~~_ (:r Bri" Q. Alford, Esq e Date: April 14, 2005 COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND GERI RIGG and EDWARD BURTON, JR., Individually and as hushand and wife, : IN THE COURT OF COMMON PLEAS : CUyIBERL\ND COUNTY, PENNSYL VANIA Plaintiffs v. : No. 0-1-.2.2-16 CIVIL TERM PETER TRIMBLE. Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009..2.2 TO: Physicians of Rehabilitation Industrial and Spine Medicine. P.c.. 175 Lancaster Blvd./PO Box .20.28. Mechancisburl!:, PA 17055 (Name of Person or Entity) Within twenty (20) days after service of this subpoena. you are ordered by the court to produce the following documents or things: Copies of an v and all medical records. includinl!: treatment notes. office records. correspondence. x-ray reports. etc.. for GERI RIGG-CROWLEY. alk/a GERI CROWLEY. a/kJa GERI RIGG-BURTON. SS#188-60-9640, Date of Birth - 6/30/1979. Records reauested are from Januarv 1. 199.2 throul!:h Aoril14. .2005, at Boswell. Tintner. Piccola & Alford. 315 N. Front Street/PO Box 74l!Hanisbur~. PA 17108- 0741 (Address) 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 COLl11 order compelling you to comply with it. THlS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON NANIE: Bri!!id 0, Alford. Esauire ADDRESS: 315 N. Front StreetiPO Box 741 Harrisburl!:, PA 17108-0741 TELEPHONE : (717) 236-9377 SUPREME COURT ill #:38590 A ITORNEY FOR: Peter Trimble BY THE COURT: DATE: COMMONWEALTH OF PENNSYL VANIA COUNTY OF CU?vIBERLAND GERI RIGG and EDWARD BURTON, JR., Individually and as husband and wife, : IN THE COURT OF COMi\lON PLEAS : CUMBERLAND COCNTY, PENNSYL VANIA Plaintiffs v. : No. 0-1-22-16 CIVIL TERM PETER TRIMBLE, Defendant : CIVIL ACTION - LA W : JURY TRIAL DEMANDED SlJBPOENA TO PRODCCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO Rl'LE 4009.22 TO: Malik iVlomin. M.D.. SusQuehanna Valley Pain Mana!!ement. P.c.. Fredricksen Outpatient Center. 2025 Technolol!v Parkway. Suite 201. Mechanicsbur!!. PA 17050 (Name of Person or Entity) Within twenty (20) days after service of this subpoena. you are ordered by the court to produce the following documents or things: Copies of an v and all medical records. incIudin!! treatment notes. office records. correspondence. x.rav reports. etc.. for GERI RIGG-CROWLEY. alk/a GERI CROWLEY, alkJa GERI RIGG-BURTON. SS#188-60-96-10. Date of Birth - 6/30/1979. Records reQuested are from Januarv 1. 1992 throul!h April 14. 2005. at Boswell. Tintner. Piccola & Alford. 315 N. Front StreetIPO Box 741/Hamsburg. PA 17108- 0741 (Address) 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 REQl'EST OF THE FOLLOWL'fG PERSON NAME: Bril!id O. Alford. ESQuire ADDRESS: 315 N. Front Street/PO Box 741 Harrisburl!, PA 17108-0741 TELEPHONE : (717) 236-9377 SUPREME COURT ill #:38590 ATIOR.J.'\fEY FOR: Peter Trimble BY THE COURT: DATE: COMMONWEAL TH OF PENNSYL VANIA COUNTY OF ClJMBERLAND GERI RIGG and EDWARD BURTON. JR.. Individually and as husband and wife, : IN THE COURT OF COMMON PLEAS : CUMBERLA1'H> COU;>.iTY, PENNSYLVANIA Plaintiffs v. : No. 04-2246 CIVIL TER\I PETER TRIMBLE. Defendant : CIVIL ACTION - LA W : JURY TRIAL DEMANDED STJBPOENA TO PRODUCE DOCUlYlENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. William Beutler. 805 Sir Thomas Court. Harrisbur!!. PA 17110 (Name of Person or Entity) Within twenty (20) days after service of this subpoena. you are ordered by the court to produce the following documents or things: Cooies of an v and all medical records. includinl! treatment notes. office records. corresoondence. x-rav reoorts. etc.. for GERI RIGG-CROWLEY. a/k/a GERI CROWLEY. a/kJa GERI RIGG-BliRTON. SS#188-60-9640. Date of Birth - 6/30/1979. Records reauested are from Januarv 1. 1992 throul!h Aoril 14. 2005. at Boswell. Tintner. Piccola & Alford. 315 N. Front StreetIPO Box 741/Harrisbur!!. PA 17108- 0741 (Address) 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: Bril!id O. Alford. Esauire ADDRESS: 315 N. Front StreetJPO Box 741 Harrisburl!. PA 17108-0741 TELEPHONE: (717) 236-9377 SlJPREME COURT ill #:38590 ATTORNEY FOR: Peter Trimble BY THE COURT: DATE: CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Defendant Trimble's Notice of Intent to Serve Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.21, by first-class United States mail upon the following at the address set forth below: Herman A. Gailey, III, Esquire Martz & Gailey, LLP 96 South George Street, Suite 430 York, PA 17401 ,71~ U;;; By: Denise L. Foster, Paralegal Date: April 14, 2005 CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Defendant Trimble's Certificate Prerequisite, by first-class United States mail upon the following at the address set forth below: Herman A. Gailey, ill, Esquire Martz & Gailey, LLP 96 South George Street, Suite 430 York, PA 17401 7J~ u:;y By: Denise L. Foster, Paralegal Date: April 21, 2005 r--'") '"") ,,:~ '.;.::(\ ,-'\ ......!. \\'\ \ - :~\ rr' c::J GERI RIGG and EDWARD BURTON, JR., Individually And as husband and wife IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2246 v. CIVIL ACTION - LAW PETER TRIMBLE : JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW LOSS OF CONSORTIUM CLAIM In accordance with the enclosed praecipe I authorization provided by Plaintiff Edward Burton Jr., please withdraw Mr. Burton's claim for loss of consortium in the above referenced action and remove Mr. Burton's name from the caption of the case. The case caption, hereafter, should read as: Geri Rigg vs. Peter Trimble. Count two representing loss of consortium is hereby withdrawn. Respectfully Submitted: MARTZ & GAILEY, LLP ~\().~t- Date aLl. Ja.Y;- , .4HC~EV Herman A. Gailey, III, Esquire 96 South George Street Suite 430 York, PA 17401 (717) 852-8379 I.D. Number: 31097 GERI RIGG and EDWARD BURTON, JR., Individually And as husband and wife : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 04-2246 v. PETER TRIMBLE : CIVIL ACTION - LAW : JURY TRIAL DEMANDED Praecipe to Remove Edward Burton, Jr. as Party to Above Action This certifies that I, Edward Burton, Jr., authorize Attorney Herman A. Gailey, III, to withdraw my claim for loss of consortium in the above referenced case. ?//;? \7 Date ;:?" -- ~~:~~?' Edward Burton GERI RIGG and EDWARD BURTON, JR., Individually And as husband and wife IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2246 v. PETER TRIMBLE : CIVIL ACTION - LAW : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE +1 I hereby certify that I have this 3i-J - day of ~_, 2005 served a true and correct copy of the foregoing Praecipe to Wilhdr~ Consortium Claim on the following individual as set forth below by first class, United States pre-paid postage: Brigid Q. Alford, Esquire Boswell, Tintner, Piccola & Alford 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 Respectfully Submitted: MARTZ & GAILEY, LLP nJl~l~f- Date: J L\ . ;:;cx.y;-- . 1.1/1 ct -4' e Herman A. Gailey, III, Esquire 96 South George Street Suite 430 York, PA 17401 (717) 852-8379 I.D. Number: 31097 0 ...., 0 {:~::) C~_ I:;::') -n ':j.... -- -< ("~:: I 'Tl c-) rn p p<> -om -:-.) t:1 0' j') c C) -n , ;")~.J ,'0 -,-,-.,-rn C .-'- 1..._) ~:~ :,2 N ::J 0 -< ~- ." "" ',' GERI RIGG and EDWARD BURTON, JR., Individually and as husband and wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2246 CNIL D 2004 Plaintiffs, CIVIL ACTION - LAW JURY TRIAL DEMANDED v. PETER TRIMBLE, Defendant. RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following fonn: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Briqid Q. Alford. ESQUire , counsel for the ,-iA1iffldefendant in the above action (or actions), respectfully represents that: 1. The above~captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ unliquidated The counterclaim of the defendant in the action is N I A The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators: RIA WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom tbe case shall be submitted. Dated: October 19, 2006 Respectfully submitted, By: ~.;<. ;)~ Briq~d . Alf.;;;/, Esquire ORDER OF COURT AND NOW, , 19_, in consideration of the foregoing petition, Esq., and actions) as prayed for. Esq., , Esq., are appointed arbitrators in the above captioned action (or By tbe Court, PJ. CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Petition for Appointment of Arbitrators by first-class United States mail upon the following at the address set forth below: Herman A. Gailey, III, Esquire Martz & Gailey, LLP 96 South George Street, Suite 430 York, PA 17401 ~ u!ik ~ca~ Brigid Q. Alford, Esquire Dated: October 20, 2006 ~ ..{.Q.. - N ~ Y'l ~ 8, ).j ..c: p:? -- ...0 - 1:: -r- -L o C -of: rnt;" :2: c~ ~~(~ i~ ':::=t -< r-) c.:::> c::') 0"'" c:> c-> --I '" ~ ~ ....... ~ ~.." rflF: :3~ {:':~c: ~)-':'~1 ''7q, S' '1> ~ >..f? N \.0 GERI RIGG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2246 v. CIVIL ACTION - LAW PETER TRIMBLE : JURY TRIAL DEMANDED PRAECIPE TO SETTLE. DISCONTINUE & END Please mark the above-captioned action settled and satisfied. Please also issue a Certificate of Satisfaction. Respectfully submitted: MARTZ & GAILEY LLP Date: (e:L(t3/0' 1J f/ ?J, ~ Herman A. Gailey, III, quire 96 South George Street Suite 430 York, Pennsylvania 17401 (717) 852-8379 10 #: 31097 ............................................................................... I, Curt Long, Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, do hereby acknowledge that the above mentioned case settled, discontinued and ended on the day of , 2006. In witness whereof I have hereunto set my hand and seal of said Court, this ,2006. day of Prothonotary ~. ~;f',. f_.r.: ~ ~ % C"? - ~ \..=.-- ':~;,. \... ~.~~~ ~:l ~ .~ -t'\ (1Ir: -Op.::; .....:'02 \,.-( ;~~t'! :<3:}1\ :::\ ~ """'0 :;;. toO..) .' (fI '-"