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HomeMy WebLinkAbout09-7388IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARTHA P. PRITCHARD AND WILLIAM H. PRITCHARD, No. 02-1 88 ni"il -I err' Husband and wife, Plaintiffs V. : Civil Action -Law KATHRYN E. HATTER, Defendant Jury Trial Demanded YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARTHA P. PRITCHARD AND WILLIAM H. PRITCHARD, No. Husband and wife, Plaintiffs V. : Civil Action -Law KATHRYN E. HATTER, : Defendant Jury Trial Demanded AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMAC,ION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARTHA P. PRITCHARD AND WILLIAM H. PRITCHARD, Husband and wife, Plaintiffs V. KATHRYN E. HATTER, Defendant No. Civil Action - Law Jury Trial Demanded COMPLAINT The Plaintiffs, Martha P. Pritchard and William H. Pritchard, by and through their attorneys, SCHMIDT KRAMER PC, hereby aver as follows: THE PARTIES 1. The Plaintiffs, Martha P. Pritchard and William H. Pritchard, are adult individuals currently residing at 33 Susquenita Hill Road, Duncannon, Perry County, Pennsylvania. 2. Defendant, Kathryn E. Hatter, is an adult individual currently residing at 833 Meadow Lane, Camp Hill, Cumberland County, Pennsylvania. FACTS 3. The facts which give rise to the cause of action occurred on or about December 3, 2007, at about 5:09 p.m. in Hampden Township, on South Sporting Hill Road near the Naval Inventory Control Point, Cumberland County, Pennsylvania. 4. On December 3, 2007, Martha P. Pritchard was operating her automobile and was stopped on South Sporting Hill Road. 5. On December 3, 2007, Kathryn E. Hatter was operating her automobile immediately behind Martha P. Pritchard on South Sporting Hill Road and failed to stop, causing a rear-end collision between her automobile and Martha P. Pritchard's automobile. 6. The collision and resulting injuries and damages are in no way caused or contributed to by the Plaintiffs and were solely caused by the Defendant for the reasons set forth below. COUNT I Martha P. Pritchard v. Kathryn E. Hatter NEGLIGENCE 7. Paragraphs 1 through 6 of the Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 8. The negligence and carelessness of the Defendant, Kathryn E. Hatter, consisted of the following: a. Failing to keep a reasonable lookout for stopped traffic; b. Hitting Martha P. Pritchard with an automobile; 2 C. Driving forward without looking to see that the way was clear; d. Failing to apply the brakes in time to avoid hitting Martha P. Pritchard; e. Operating her vehicle at an excessive rate of speed under the circumstances; L Failing to have her vehicle under proper and adequate control; g. Operating her vehicle in a manner so as to create a dangerous situation for others on the roadway; h. Failing to stop within the assured clear distance ahead; i. Violating 75 Pa.C.S. § 3714 (Careless Driving) which is negligence per se. 9. As a direct and proximate result of the collision and Defendant's negligence, Plaintiff Martha P. Pritchard sustained severe and disabling injuries to her neck that may be permanent. 10. As a result of her injuries, Martha P. Pritchard is expected to require recurrent radiofrequency nerve ablation procedures in the future. 11. As a factual result of the accident, Plaintiff Martha P. Pritchard has incurred medical expenses to date and will continue to 3 incur medical expenses into the future, and thus, a claim for these expenses is made. 12. As a factual result of the accident, Plaintiff Martha P. Pritchard has been advised and, therefore avers, that the aforementioned injuries may be permanent in nature and effect and a claim for these injuries is made. 13. As a factual result of the accident, Plaintiff Martha P. Pritchard has undergone in the past, and will continue to undergo in the future, pain and suffering, and thus, a claim for these injuries is made. 14. As a factual result of the accident, Plaintiff Martha P. Pritchard has been obliged to spend various sums of money and to incur various expenses due to the injuries that he has suffered and may continue to incur the same in the future, and thus, a claim for these losses is made. 15. As a factual result of the accident, Plaintiff Martha P. Pritchard suffered a loss of earnings and an impairment of her earning power and capacity in the future, and thus, a claim for these losses is made. 16. As a factual result of the accident, Plaintiff Martha P. Pritchard suffered a permanent diminution of her ability to enjoy life and life's pleasures, and thus, a claim for these losses is made. 4 WHEREFORE, Plaintiff Martha P. Pritchard demands judgment against the Defendant, Kathryn E. Hatter, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT III William H. Pritchard v. Kathryn E. Hatter LOSS OF CONSORTIUM 17. Paragraphs 1 through 16 of the Plaintiffs' Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 18. As a direct and proximate result of the negligence and the injuries sustained in the motor vehicle collision by his wife, Martha P. Pritchard, William H. Pritchard has suffered the loss of consortium, including the diminishment of society and companionship of his wife. WHEREFORE, Plaintiff William H. Pritchard demands judgment on the Defendant, Kathryn E. Hatter, in an amount in excess the amount requiring compulsory arbitration. Date: 10 2? 20o Respectfully submitted, SCHMIDT KRAMER PC By: Todd D. Getgen I.D. No. 80719 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs 5 VERIFICATION We, Martha P. Pritchard and William H. Pritchard, verify that the facts contained in the foregoing Complaint are true and correct to the best of our knowledge, information and belief. We understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsifications to authorities. /' V, d? / IA? ?- - Martha P. Pritchard DATED: ?? ?av ` William H. Pritchard 0 OF THE TiNO'1'ARY 2009 OCT 27 PM 1: 03 CUM -s )?IU ODUNTY PENNSYLVANIA $'18. Sa P6 A'TTY ck* 11'(016 lzr* 4301(03(0 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor FILED -(1 r ; _ TAP.Y Martha P. Pritchard vs. Kathryn E. Hatter 2004 H 3i -3 AtH N;: 28 ;fi f Case Number 2009-7388 SHERIFF'S RETURN OF SERVICE 10/30/2009 06:06 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 30, 2009 at 1806 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kathryn E. Hatter, by making known unto herself personally, at 833 Meadow Lane Camr Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.94 November 02, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF By Sheri f * ? JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I. D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: ps@jdsw.com MARTHA P. PRITCHARD and WILLIAM H. PRITCHARD, Plaintiffs V. Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7388 Civil Term CIVIL ACTION - LAW KATHRYN E. HATTER, Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of Defendant Kathryn E. Hatter in the above-captioned matter. Respectfully submitted, JO SO , DUFFIE, STEWART & WEIDNER By. J Date: November 4, 2009 382042 Jefferkdh J. Shipndan, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Defendant V CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Entry of Appearance has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on November 4, 2009: Todd D. Getgen, Esquire Schmidt Kramer PC 209 State Street Harrisburg, PA 17101 JOH, N, DUFFIE, STEWART & WEIDNER J er J. Ship n F1LE?-r?'r ^t?? ,?A?Y n? ?? ??'?? `?? 2??9 ??J? -? ?? 1; ? 8 r ?'? Gig i -„ ? n ?T., ?i l yur,, ?zt C' „'.1 JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com Counsel for Defendant MARTHA P. PRITCHARD and IN THE COURT OF COMMON PLEAS OF WILLIAM H. PRITCHARD, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 09-7388 Civil Term V. CIVIL ACTION - LAW KATHRYN E. HATTER, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Martha P. and William H. Pritchard, and their counsel, Todd D. Getgen, Esquire Schmidt Kramer, P.C. 209 State Street Harrisburg, PA 17101 YOU ARE REQUIRED to plead to the within Answer and New Matter within 20 days of service hereof or a default judgment may be entered against you. JOHNSON, DUFFIE, STEWART & WEIDNER Date: November 9, 2009 By: Jefg6rsoh J. Shipman,'Esquire Attdrney I.D. No. 51785 Counsel for Defendant JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com MARTHA P. PRITCHARD and WILLIAM H. PRITCHARD, Plaintiffs V. Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7388 Civil Term CIVIL ACTION - LAW KATHRYN E. HATTER, Defendant JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT KATHRYN E. HATTER TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, Kathryn E. Hatter, by and through her counsel, Jefferson Shipman and Johnson Duffie Stewart & Weidner, P.C. and files this Answer and New Matter to Plaintiffs' Complaint by stating the following: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part; denied in part. It is admitted that Ms. Hatter was operating an automobile behind Mrs. Pritchard on South Sporting Hill Road and that there was contact between their vehicles. Any remaining averments of paragraph number 5 are conclusions of law and fact to which no response is required. 6. Denied. The averments contained in paragraph number 6 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. COUNT I - NEGLIGENCE Martha P. Pritchard v. Kathryn E. Hatter 7. Ms. Hatter incorporates herein by reference the answers to paragraphs 1 through 6 above as though fully set forth herein at length. 8. Denied. The averments contained in paragraph number 8 and subparagraphs a. through i. are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. a. Denied. It is specifically denied that Ms. Hatter failed to keep a reasonable lookout for stopped traffic; b. Denied. It is specifically denied that Ms. Hatter was negligent in making contact with the Pritchard vehicle; C. Denied. It is specifically denied that Ms. Hatter drove forward without looking; d. Denied. It is specifically denied that Ms. Hatter was negligent in allegedly failing to apply the brakes in time to avoid hitting the Pritchard vehicle; e. Denied. It is specifically denied that Ms. Hatter operated her vehicle at an excessive rate of speed; f. Denied. It is specifically denied that Ms. Hatter failed to have her vehicle under proper and adequate control; 2 g. Denied. It is specifically denied that Ms. Hatter operated her vehicle in a manner so as to create a dangerous situation for others on the roadway; h. Denied. It is specifically denied that Ms. Hatter was negligent in allegedly failing to stop within the assured clear distance ahead; and i. Denied. It is specifically denied that Ms. Hatter violated 75 Pa.C.S.A. § 3714. 9. Denied. The averments of paragraph 9 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Ms. Hatter is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 9 and the same are therefore denied. 10. Denied. After reasonable investigation, Ms. Hatter is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 10 and the same are therefore denied and strict proof is demanded at the time of trial. 11. Denied. The averments of paragraph 11 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Ms. Hatter is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 11 and the same are therefore denied. 12. Denied. The averments of paragraph 12 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the 3 averments contained therein are specifically denied. After reasonable investigation, Ms. Hatter is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 12 and the same are therefore denied. 13. Denied. The averments of paragraph 13 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Ms. Hatter is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 13 and the same are therefore denied. 14. Denied. The averments of paragraph 14 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Ms. Hatter is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 14 and the same are therefore denied. 15. Denied. The averments of paragraph 15 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Ms. Hatter is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 15 and the same are therefore denied. 16. Denied. The averments of paragraph 16 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Ms. 4 Hatter is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 16 and the same are therefore denied. WHEREFORE, the Defendant, Kathryn E. Hatter, respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. COUNT III (sic) - LOSS OF CONSORTIUM William H. Pritchard v. Kathryn E. Hatter 17. Ms. Hatter incorporates herein by reference the answers to paragraphs 1 through 16 above as though fully set forth herein at length. 18. Denied. The averments of paragraph 18 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Ms. Hatter is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 18 and the same are therefore denied. WHEREFORE, the Defendant, Kathryn E. Hatter, respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER 19. That the Plaintiffs have failed to state a cause of action for which relief may be granted. 5 20. That if the Defendant, Kathryn E. Hatter, is deemed to be negligent, which is denied, then in that event any such negligence was not a factual cause nor substantial factor in causing any injuries to the Plaintiffs. 21. That the Plaintiffs' alleged injuries were pre-existing. 22. That the Plaintiffs' may have failed to mitigate their alleged injuries and damages. 23. That the accident may have been caused by an intervening, superseding cause. 24. That the accident and any alleged injuries may have been caused by third parties or entities not presently involved in this action. 25. That the Plaintiffs' alleged cause of action may be barred in whole or in part by the provisions of the Pennsylvania Financial Responsibility Law including the limited tort option. WHEREFORE, the Defendant, Kathryn E. Hatter, respectfully requests that judgment be entered in her favor and that the Plaintiffs' Complaint be dismissed with prejudice. Respectfully submitted, JOH DUFFIE, STEWART & WEIDNER Jeff rso Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: November 9, 2009 Attorneys for Defendant 6 VERIFICATION I, Kathryn E. Hatter, have read the foregoing Answer and New Matter, and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. Kathryn E. ` after Date: l/ J (Jq 382458 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer with New Matter has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on November 9, 2009: Todd D. Getgen, Esquire Schmidt Kramer PC 209 State Street Harrisburg, PA 17101 JOHNSON, DUFFIE, STEWART & WEIDNER e e n J. Shipman 2CC31ai"', ' i 0 F""'i? - CL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARTHA P. PRITCHARD AND WILLIAM H. PRITCHARD, Husband and wife, Plaintiffs V. KATHRYN E. HATTER, Defendant No. 09-7388 Civil Term Civil Action - Law Jury Trial Demanded PLAINTIFFS' REPLY TO NEW MATTER 19. Denied. Defendant's new matter does not contain any facts and is a conclusion of law which is deemed denied under Pa. R.C.P. 1029(d) and (e). 20. Denied. Defendant's new matter does not contain any facts and is a conclusion of law which is deemed denied under Pa.R.C.P. 1029(d) and (e). 21. Denied. Defendant's new matter does not contain any facts and is a conclusion of law which is deemed denied under Pa. R. C. P. 1029(d) and (e). 22. Denied. Defendant's new matter does not contain any facts and is a conclusion of law which is deemed denied under Pa.R.C.P. 1029(d) and (e). 23. Denied. Defendant's new matter does not contain any facts and is a conclusion of law which is deemed denied under Pa.R.C.P. 1029(d) and (e). 24. Denied. Defendant's new matter does not contain any facts and is a conclusion of law which is deemed denied under Pa. R.C.P. 1029(d) and (e). 25. Denied. Defendant's new matter does not contain any facts and is a conclusion of law which is deemed denied under Pa.R.C.P. 1029(d) and (e). WHEREFORE, Plaintiffs, Martha Pritchard and William H. Pritchard, demand judgment on the Defendant, Kathryn E. Hatter, in an amount in excess the amount requiring compulsory arbitration. Respectfully submitted, Date: SCHMIDT KRAMER PC Y? Todd D. Getgen I.D. No. 80719 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs 2 RZQ?-D r1CE O THE PMTN(?NOTARY Z V!8 PM2:Q$ .IOHNSON, DUFFIE, STEWART 8~ WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com Counsel for Defendant MARTHA P. PRITCHARD and IN THE COURT OF COMMON PLEAS OF WILLIAM H. PRITCHARD, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 09-7388 Civil Term v. CIVIL ACTION -LAW KATHRYN E. HATTER, Defendant JURY TRIAL DEMANDE[9, ~~~= - _~ :_ -~~ -~ ~~' CERTIFICATE PREREQ UISITE TO SERVICE OF A SUBPOENA - , ,, -, s PURSUANT TO RULE 4009.22 - . t~ ~, ~~~.~ _- _ ,: TO: Todd D. Getgen, Esquire _ ~. __= _,_ .. ; c.~ ~ _:; . Schmidt Kramer PC ~/ ~~ , -- 209 State Street Harrisburg, PA 17101 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoenas has been received; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. JOHNSON, DUFFIE, STEWART & WEIDNER B~ DATE: /Jefferson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 ?~~ ~ t o Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, first class mail, postage prepaid, in Lemoyne, Pennsylvania, on : ?rl L~f`~o Todd D. Getgen, Esquire Schmidt Kramer PC 209 State Street Harrisburg, PA 17101 JOHNSON, DUFFIE, STEWART & WEIDNER B Je erson J. Ship n JOHNSON, DUFFIE, STEWART 8e WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com MARTHA P. PRITCHARD and WILLIAM H. PRITCHARD, Plaintiffs v. KATHRYN E. HATTER, Defendant Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7388 Civil Term CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Todd D. Getgen, Esquire Schmidt Kramer PC 209 State Street Harrisburg, PA 17101 PLEASE TAKE NOTICE that Defendant intends to serve six (6) subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas may be served. JOHNSON, DUF~IE, STEWART &WEIDNER By: -~ J erson J. Shipman, Esquire A orney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: a / /, ~ ~ Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, certified mail, postage prepaid, in Lemoyne, Pennsylvania, on : ~l y~l p Todd D. Getgen, Esquire Schmidt Kramer PC 209 State Street Harrisburg, PA 17101 JOHNSON, DUFFIE, STEWART & WEIDNER r' o By , fferson J. Shipman COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Martha P. Pritchard and William H. Pritchard Plaintiffs vs. Karthyrn E. Hatter, Defendant File No. 09-7388 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Tristan Associates (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: any and all medical records reports. office notes, correspondence diagnostic test results from January 1 2003 through March 31, 2010 pertaining to Martha P. Pritchard DOB: 311158 SSN: 175-48-6835 at Johnson Duffle Stewart & Weidner 301 Market Street P O Box 109 Lemovne. PA 17043. 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: Jefferson J. Shipman. Esquire ADDRESS: 301 Market Street Lemovne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendants BY THE COURT: ~~~~ Prothono ary/Clerk, Civil Division Deputy DATE' 02 a. /0 Seal o t e Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Martha P. Pritchard and William H. Pritchard Plaintiffs vs. Karthyrn E. Hatter, Defendant File No. 09-7388 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. John Madeira (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: any and all medical records reports office notes, chiropractic records comes ondence dia nostic test results ertainin to Martha P. Prrtchard DOB: 3/1158 SSN: 175-48-6835 at Johnson Duffie Stewart & Weidner 301 Market Street P O Box 109,. Lemoyne, PA 17043. 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: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendants BY THE COURT: )~ Proth otary/Clerk, Civil Division Deputy DATE: a- ! 0 Seal oft a Court (Eff. 7197) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Martha P. Pritchard and William H. Pritchard Plaintiffs vs. Karthym E. Hatter, Defendant File No. 09-7388 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr Kathryn M Frantz Cad Susquehanna Internal Medicine Associates (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: any and all medical records reports, office notes, correspondence diagnostic test results aertainina to Martha P. Pritchard DOB: 311158 SSN: 175-48-6835 at Johnson Duffie Stewart & Weidner 301 Market Street P O Box 109 Lemovne, PA 17043. 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: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemovne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendants BY THE COURT: ~ ) <% ~ Prothon tary/Clerk, Civil Division Deputy DATE: o2 a !0 Seal of t e Caurt (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Martha P. Pritchard and William H. Pritchard Plaintiffs vs. Karthyrn E. Hatter, Defendant File No. 09-7388 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pinnacle Health Rehab O tions (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: any and all medical records reports office notes, physical therapy records correspondence diagnostic test results pertaining to Martha P. Pritchard DOB: 311158 SSN: 175-48-6835 at Johnson Duffle Stewart & Weidner 301 Market Street P O Box 109 Lemoyne, PA 17043. 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: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: Jefferson J. Shipman, Esquire 301 Market Street Lemoyne, PA_17043 717-761-4540 51785 Defendants BY THE COURT: .I ~. Prothonotary/Clerk, Civil Division Deputy DATE: l0 Seal f tl a Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Martha P. Pritchard and William H. Pritchard Plaintiffs vs. Karthyrn E. Hatter, Defendant File No. 09-7388 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hershey Medical Center (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: any and all medical records, reports, office notes, correspondence diagnostic test results from January 1 2003 through March 31, 2010 pertaining to Martha P. Pritchard DOB: 311158 SSN: 175-48-6835 at Johnson Duffle Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043. 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: Jefferson J. Shipman. Esquire ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendants BY THE COURT: Prothonotary/Clerk, Civil Divisi n Deputy DATE: 02 ~2 ! Sea of the Court (Eff. 7/97) 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Martha P. Pritchard and William H. Pritchard Plaintiffs vs. Karthyrn E. Hatter, Defendant File No. 09-7388 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holv Sairit Hospital (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: anv and all medical records, reports, office notes, correspondence, diagnostic test results from January 1, 2003 through March 31, 2010 pertaining to Martha P. Pritchard DOB: 311/58 SSN: 175-48-6835 at Johnson. Duffle. Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemovne, PA 17043. 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: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemovne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendants BY THE COURT: Prothonotary/Clerk, Civi Division Deputy DATE: a 02- /D Seal of the Court (Eff. 7/97) a" D-OFFICE THE PROTMONOTAR`Y SCHMIDT KRAMER PC 2311 JUL 13 Ph 1: 09 BY: CHARLES E. SCHMIDT, JR., ESQUSWBERLAND COUNTY I.D. #19198 PENNSYLVANIA 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiffs cschmidtAschmidtkramer. com MARTHA P. PRITCHARD and WILLIAM H. PRITCHARD, husband and wife, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY COUNTY, : PENNSYLVANIA V. KATHRYN E. HATTER, Defendant : No. 09-7388 CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above-captioned action settled, discontinued and ended with prejudice. Respectfully submitted, OMI T ER PC 1 Charles E. SchmidtPr., Esquire I.D. No. 19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Date: Attorney for Plaintiffs