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HomeMy WebLinkAbout01-7246RAYMOND AND LINDA SHAFFER 505 Sandy Hollow Road New Bloomfield, PA 17068, Plaintiffs V. JOHN W. GRIFFIN 1154 Petersburg Road Boiling Springs, PA 17007 Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. ,0/' 7o t/b : : CIVIL ACTION - LAW PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue writ of summons in the above-captioned action. Writ of Summons shall be issued and forwarded to Sheriff. Respectfully submitted, Daniel Stem, Esquire 2650 North Third Street Harrisburg, PA 17110 (717) 234-4531 Supreme Court ID# 25989 Attorney for Plaintiffs Commonwealth of Pennsylvania County of Cumberland Raymond and Linda Shaffer 505 Sandy Hollow Road New Bloomfield, PA 17068 John W. Griffin 1154 Petersburg Road Boiling Springs, PA 17007 Court o£ Con. non Pleas No. 01-7246 Civil In Civil Action - Law T~ John W. Griffin You are hereby notified that Raymond and Linda Shaffer the PlainHff s ha Vecommenced an acHon in Civil Action - Law against you which you are required to defend or a default judgment may be entered ag~nst you. (SEAL) Date December 31, 2001 Curtis R. Long ................. ~;~;~&- .................. Deputy SHERIFF'S RETURN - CASE NO: 2001-07246 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHAFFER RAYMOND ET AL VS GRIFFIN JOHN W REGULAR SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GRIFFIN JOHN W the DEFENDANT , at 1703:00 HOURS, on the at 1154 PETERSBURG ROAD 4th day of January , 2002 BOILING SPRINGS, PA 17007 JOHN GRIFFIN by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.90 Affidavit .00 Surcharge 10.00 .00 31.90 Sworn and Subscribed to before this day of ~ A.D. ! t~roth~o-nOtary , So Answers: R. Thomas Kline 01/08/2002 DANIEL STERN Deputy Sheriff RAYMOND AND LINDA SHAFFER, Plaintiffs JOHN W. GRIFFIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 01-7246 CIVIL : CIVIL ACTION - LAW YOU HAVE BEEN SUED 1N 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 LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service 2 Liberty Ave. Carlisle, PA 17013 717-249-3166 RAYMOND AND LINDA SHAFFER, Plaintiffs JOHN W. GRIFFIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 01-7246 CIVIL : CIVIL ACTION - LAW NOTICIA Le han demandado a usted en law corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogoda y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service 2 Liberty Ave. Carlisle, PA 17013 717-249-3166 RAYMOND AND LINDA SHAFFER, Plaintiffs JOHN W. GRIFFIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 01-7246 CIVIL : CIVIL ACTION - LAW Count I: L1NDA SHAFFER, PLAINTIFF V. JOHN W. GRIFFIN, DEFENDANT 1. Plaintiffs, Raymond and Linda Shaffer, are adult individuals, wife and husband, residing at 505 Sandy Hollow Road, New Bloomfield, Pennsylvania 17068. 2. Defendant, John W. Griffin is an adult individual residing at 1154 Petersburg Road, Boiling Springs, PA 17007. 3. The facts and occurrences hereinafter stated took place on October 15, 2000 at or about 5:00 p.m. in South Middleton Township, Cumberland County on State Route 34, 3/10tbs ora mile south of the intersection of Township Road 479. 4. At the aforesaid time and place, Plaintiff, Linda Shaffer, was driving a 1997 GMC Sierra pick up truck to which was attached a 1986 "Feather Lite" aluminum horse trailer. Raymond Shaffer was a passenger in the pick up truck. The Plaintiffs were proceeding in a northerly direction on State Route 34. 5. At the aforesaid time and place, Defendant, who was proceeding in a southbound direction on State Route 34, negligently and carelessly drove his car over the center line, completely entering the northbound lane, causing a collision with Plaintiffs' vehicle, and causing Plaintiffs to sustain the injuries and losses set forth below. 6. The negligence and carelessness of Defendant consisted of: circumstances; b. C. Operating his vehicle in an excessive rate of speed under the Failing to have his vehicle under proper and adequate control; Failing to apply the brakes in time to avoid a collision; d. Failing to operate his vehicle on the proper side of the roadway, in violation of 75 Pa.C.S.A. §3309(Driving on Roadways Laned for Traffic); e. Failing to keep a reasonable lookout for other vehicles lawfully on the road. 7. The accident was caused by the negligence and recklessness of the Defendant, and in no way was caused by the Plaintiffs. 8. As a result of the aforementioned accident, Linda Shaffer suffered severe and serious injuries which include: a. post traumatic progressive arthritic changes to the left knee; and b. cervical strain. 9. As a result of her injuries, Plaintiff, Linda Shaffer has undergone in the past and will continue to undergo pain and suffering; 10. As a result of her injuries, Plaintiff, Linda Shaffer has or may have suffered a permanent disability and a permanent impairment of her earning power and capacity. 11. As a result of her injuries, Plaintiff, Linda Shaffer has sustained actual loss of wages in excess of the amount provided under the first party benefits coverage of her personal auto policy, in the amount of $9,527. 12. As a result of her injuries, Plaintiff, Linda Shaffer may have sustained a permanent diminution in the ability to enjoy life and life's pleasures. 13. As a result of her injuries, Plaintiff, Linda Shaffer has incurred and may hereinafter occur medical expenses which exceed the sums recoverable under 75 Pa.C.S. §1711. 14. As a result of the damage to her vehicle, Linda Shaffer has incurred the cost of renting a replacement vehicle, in the amount of $1553. 15. As a result of the Defendant's negligence, Plaintiff sustained property damage to the horse trailer in the amount of $6,690, and to her truck in the amount of $7055. WHEREFORE, Plaintiff, Linda Shaffer, demands judgment against the Defendant, John Griffin, in an amount in excess of $35,000, in excess of the amount required for compulsory arbitration. Count II. RAYMOND SHAFFER, PLAINTIFF V. JOHN W.GRIFFIN, DEFENDANT 16. The preceding averments are incorporated by reference. 17. As a result of the aforementioned accident, Plaintiff, Raymond Shaffer, suffered bilateral knee, shin, ankle, foot and chest pain. 18. The day following the accident, Plaintiff, Raymond Shaffer, who was seventy years old at the time, and who had a history of atrial fibrillation and asthma, awoke at 7:00 a.m. with chest pain radiating through the left ann. He experienced buming, pressure, fullness and indigestion. He was short of breath. Based on these symptoms, he was returned to the emergency room at Carlisle Hospital and was found to have, among other things "abdominal wall contusion, status post motor vehicle accident." 19. The events described in the preceding averments reasonably led Plaintiff, Raymond Shaffer, and Plaintiff, Linda Shaffer, his wife, to conclude that Mr. Shaffer was suffering a heart attack, causing each of them emotional disturbance and distress. WHEREFORE, Plaintiff, Raymond Shaffer demands judgment against Defendant, John Griffin, in an amount in excess of $35,000, in excess of the amount required for compulsory arbitration. Respectfully submitted, Date: Daniel Stern, Esquire 2650 North Third Street Harrisburg, PA 17110 (717) 234-4531 Supreme Court ID# 25989 Attorney for Plaintiffs VERIFICATION We verify that the statements made in the foregoing Complaint are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. RAYMOND AND LINDA SHAFFER, Plaintiffs JOHN W. GRIFFIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 01-7246 CIVIL : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Queena S. Baumbach, hereby certify that a true and correct copy of the foregoing Complaint was served upon the following person by first class mail, postage prepaid: John W. Griffin 1154 Petersburg Road Boiling Springs, PA 17007 aUeena S.~B~umbach, ralegal to Daniel Steru, Esquire 02HB-00049 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, John W. Griffin RAYMOND AND LINDA SHA~'~'~., PLAINTIFFS VS. JOHN W. DEFENDANT IN THE COURT OF COMMON PLEAS CLrM~ERLAND COUNTY, I~ENNSYLVANIA NO. 01-7246 CML TERM CML ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendant, John W. Griffin. The Defendant reserves the right to otherwise plead in this matter. Respectfully submitted, By: ~ LAW OFFICES OF JACOBS / ffoJ R. Der r, require Attorne, ' for Defendant Identification No. 39126 Date: March 26, 2002 02HB-00049 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, John W. Griffin RAYMOND AND LINDA SHA~'FI~R, PLMNTIFFS VS. Jo}IN W. GRIFFIN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-7246 CF~qL TERM CML ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Doter, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a tree and correct copy of the attached ~ce to be served by regular first class mail upon: Date: March 26, 2002 Daniel Stem, Esquire 2650 North Third Street Harrisburg, PA 17110 ~ona'~'l~. Dorer, E~quire Attorney for Defendant 02HB-00049 LAW OFFICES OF SACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, John W. Griffin RAYMOND AND LINDA SHAFFER, VS. JOHN W. DEFENOANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-7246 CML TERM CML ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT, JOHN W. GRIF~IN, TO PLAINTIFFS~ COMPLAINT COUNTI 1. Admitted. 2. Admitted. 3. Admitted. 4. AdmiRed. 5.- 15. Denied. These paragraphs are generally denied pursuant to Pa.R.C.P. §1029(e). WHEREFORE, the Defendant respectfully prays this Honorable Court to dismiss Plaintiffs' Complaint, and to e ter judgment against the Plaintiffs and in favor of the Defendant. 16. Paragraph 16 is an incorporation by reference paragraph as to which no response is required from Defendant. 17.- 19. Denied. These paragraphs are generally denied pursuant to Pa.R.C.P. §1029(e). W~-YgREFORlg, the Defendant respectfully prays this ttonorable Court to dismiss Plaintiffs' Complaint, and to enter judgment against the Plaintiffs and in favor of the Defendant. NEW MA'I-r~R 20. Paragraphs 1 through 19 are inceq~orated herein by reference, and made a part hereof as if set forth in full. 21. Plaintiff's claims are barred in whole or in part by the provisions of the Pennsylvania No-Fault Motor Vehicle Insurance Act and/or the Pennsylvania Motor Vehicle Financial Responsibility Law. WHEREFORE, the Defendant respectfully prays this Honorable Court to dismiss Plaintiff's Complaint, and to enter judgment against the Plaintiff and in favor of the Defendant. Date:~ Respectfully submitted, LAW 0trF~BS OF JAC0~ & SABA By:i [ - l:t6~ffd R. ~r, ~qu~ A~omey for Defen~t Iden~cafion No. 39126 02HB-00049 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, John W. Griffin RAYMOND AND LINDA SHA~'~R, VS. JOHN W. GRid'taN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-7246 CWIL TERM CML ACTION - LAW JURY TRIAL DEMANDED VERIFICATION I, John W. Griffin , verify that the statements made in the foregoing Answer with New Matter of Defendant. John W. Griffin. to Plaintiffs' Complalm , which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And furtber, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial p~paxation are complete and I leave the determination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsifications to authorities. Dated: 02HB-00049 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, John W. Griffin RAYMOND AND LINDA SHAFFER, VS. Jo~I~ W. Gmv~'~N, DE~NDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-7246 C/V~L TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a tree and correct copy of the attached Answer with New Matter of Defendant, John W. Griffin, to Plalntifl~s' Complaint to be served by regular first class mail upon: Date: April 2, 2002 Daniel Stem, Esquire 2650 North Third Street Harrisburg, PA 17110 Don~d R. Dorer, Esquire Attorney for Defendant RAYMOND AND LINDA SHAFFER, Plaintiffs JOHN W. GRIFFIN, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 01-7246 CIVIL : CIVIL ACTION - LAW PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER 20. 21. required. No responsive pleading required. This averment is a legal conclusion to which no responsive pleading is Respectfully submitted, Date: Daniel Stem, Esquire 2650 North Third Street Harrisburg, PA 17110 (717) 234-4531 Supreme Court ID# 25989 Attorney for Plaintiffs VERIFICATION BY COUNSEL I verify that the foregoing Plaintiffs' Reply to New Matter is true and correct to the best of my knowledge, information and belief. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Daniel Stern, Esquire Supreme Court ID# 25989 RAYMOND AND LINDA SHAFFER, Plaintiffs JOHN W. GRIFFIN, Defendant : iN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 01-7246 CIVIL : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Queena S. Baumbach, hereby certify that a tree and correct copy of the foregoing Plaintiffs' Reply to Defendant's New Matter was served upon the following person by first class mail, postage prepaid: Date: Donald Dorer, Esquire 214 Senate Ave., Suite 503 Camp Hill, PA 17011 ena -S~ ~'~um~ach, legal to Daniel Stem, Esquire 2650 North Third St. Harrisburg, PA 17110 (717) 234-4531 CERTIFICATE pREREQUISITE TO SERVICE OF A SUBPOENA pURSUANT TO RULE ~009.22 IN THE MATTER OF: RAYMOND & LINDA SHAFFER oV$- JOHN W. GRIFFIN COURT OF COMMON PLEAS TERM, CASE NO: 01-7246 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MOS on behalf of DONALD R. DORER, ESq. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/19/2002 ~"DSN_~T[D-R. DDRER, ESq. Attorney for DEFENDANT DEll-361555 O 4215 --LO1 CO~05~ALTH OF PENNSYLVANIA COUNTY OF CU~4BERLAND IN THE MATTER OF: RAYMOND & LINDA SHAFFER -VS- JOHN W. GRIFFIN COURT OF COMMON PLEAS TERM, CASE NO: 01-7246 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RUI,R 4009.21 DUNCANNON FAMILY m~.~LTH CTR. MEDICAL RECORDS TO: DANIEL STERN, ESQUIRE MCS on behalf of DONALD R. DORER, ESq. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days fr~m the date listed belo~ in ~hich to file of record and serve upon the undersigned an objection to the subpoena. If the t~enty day notice period is waived or if no objection is made, then the subpoena may be served. Coe~lete copies of any reproduced records may be ordered at your expense by coe~leting the attached counsel card and returning s-m to MCS or by contacting our local HCS office. DATE: 08/30/2002 CC: DONALD R. DORER, ESQ. PEG SHITH - 02HB-00049 - 5837Dl11101 Any questions regarding this -mtter, contact HCS on behalf of DONALD a. DOREa, ESq. Attorney for DEFIf. I~DAI~f T~ MCS GROUP INC. 1601MAe~T STREET ~8oo PHILADELPHIA, PA 19103 (215) 246-0900 DE02-198859 04215--C02 ~V'ANIA RAYMOND & LINDA SHAFFER : VS : : JOHN W. GRIFFIN : : : : 01-7246 TO:. S R F [ V TO Rr~ ~ CUSTODIAN OF DUNCANNON FAMILY' HEALTH CENT RECORDS FOR: INC. 1601MARKi~ ST. #800, PHILA.,PA 19 v,-~m~.~ ,n~ e~pl# ~ pl~lgcJn~ the ~n~ ~ Y~ ~ve t~ ~ m ~ in you fail to produce the d~m~ or thinp ~ut~ ~ this .ub~en& ~t~n ~e~ (~) s~ins ~ sub~oe~ ~y Nek a co~ o~d~ com~y~ to ~mply wieh iL ~l ~ its Nwice, the p~ THIS SUBPOENA WAS ISSUL:D AT THE REQUEST OF TI~ I:OLLOWING PERSON: NAME: nnN'AT~n R~ go~_~_t ESq. ADDRL~ .214 SE~TE AVE., STE 503 CAM~ BILL) PA 17011 TL~O~ 215-246-0900 SUi'~ colJwr ID It Al"fOlkSy FOil: DEFENDANT DATE: (rmL 7197) EXPLANATION OF REQUIItED RECORDS TO: CUSTODIAN OF RECORDS FOR: DUNCANNON FAMILY HEALTH CTR. 510 NEW BLOOMFIELD RD. DUNCANNON, PA 17020 RE: 4215 RAYMOND R. SHAFFER Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: RAYMOND R. SHAFFER 505 SANDY HOI,IOW ROAD, NEW BLOOMFIF~I,D, PA 17068 Social Security ~ 202-20-3283 Date of Birth: 11-05-1929 SU10-395658 0 4215 --LO1 CERTIFICATE PREKEQUISIT~ TO SgllVICE OF A SUBP0~NA PURSUANT TO [IDLE 400g.22 IN THE MATTER OF: RAYMOND AND LINDA SHAFFER JOHN W. GRIFFEN -VS- COURT OF COMMON PLEAS TERM, CASE NO: 01-7246 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD R. DORER, ESq. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/19/2002 DONALD R. DOPER, ESq. Attorney for DEFENDANT DEll-361551 O 421£--LO1 COIvllvIOI~Fw~ALTH OF PENNSYLV~iA COUNTY OF IN THE MATTER OF: RAYMOND AND LINDA SHAFFER JOHN W. GRIFFEN COURT OF C0~40N PLEAS TERM, CASE NO: 01-7246 NOTICE OF INTENT TO SERVE A SUBPORNA TO PRODUCE DOCi-,,-.~-rS TH,d~S FOR DISCOvgR? Pu~SU ~FT TO RULE 4009.21 SHELBY INSURANCE CO. CARLISLE HOSPITAL 0RTHOPA~nlC INSTITUTE OF PA FA~T.¥ MEDICINE CENTER INSURANCE ~'ICAL RECOEDS M~DICAL RECORDS MEDICAL ~ECOBDS TO: DA~rm~. STSK~, ESQU'[RE MCS on be~lf of ~l.n R. ~, ESq. ~tends to se~e a 8ubp~ identical to the one t~t is attached to th~s not~ce. You have ~nty (20) ~ys rrm the date [isted bel~ ~ ~ch to file o[ record ~d se~ up~ ~e ~dersi~ed ~ object[~ to ~e subpo~. If ~e t~ty ~y not~ce per~od [s waived or if no objection is mde, ~en the subpoe~ ~y be se~d. C~lete cop[es of ~y reproduced records ~y be ordered at your e~se by c~let~ the attached co~sel card ~d returns s~ to ~S or by c~tact~8 our local ~S office. DATE: 08~30~2002 CC: DONALD ~. DORE~, ESQ. PEG SH~TH - 02BB-00049 - 5837Dl11101 MCS on behalf of DONAr.n a. DOEER~ ESq. Attorne~ for DEFENDANT Any questions regarding this matter, contact 'rm~ HCS GROUP ~IC. 1601 ~6,ui'~,T STREET f800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-198858 04212--C01 RAYMOND & LINDA SHAFFER : VS : : JOHN W. GRIFFIN : : : : File No._ 01-7246 ..... ..V.=A, ru ~ TO R~ TO: CUSTODIAN OF RECORDS FOR: SHELBY INSURANCE COMPANIES Within twenty (20) da- s .... {N~ ~ ~.p __ · .-.. --,c. ~ ,hi..u h,5,A~%~or.' by ,h. ~.. ~ ~,~. ,h. 'o',~n. d..~--.. (A~tdremm} You may deliver or mail {e~ble copies of the document, or F[Gduce thin} request"d by {his subpoena, K~ethar wieh the certificate of compliance, to the paft? makJns this reqtmst at the addrfll listed above. You have the right m seek, in advance, the reasonable cost of preporins the copies or producin~ the thin~s sou~L If you fail to produce the documents or thin~! required by this subpoena, within twenty (20) days a~ter its s~rving thL~ subl;oena may seek a court order compeijin~ you to comply with it. service, the party THIS SUBPOENA WAS ISSUL:D AT THE REQTJI{ST OF THE FOLLOWING PERSON: NAM~ ]')ONALT) R. DORERt ES~. ADDRES~ 214 SENATE AVE., STE 503 - CAMP HILL~ PA 17011 TELEPHONE: 215-246-0900 SUPREME COURT ID ~. _ A~roRNEY FOR: DEFENDANT - DAT~ S~ of the Com~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SHELBY INSURANCE CO. P.O. BOX 43360 BIRMINGHAM, AL 43243 RE: 4212 LINDA S. SHAFFER INSURED: RAYMOND SHAFFER, FILE//40-96195 DATE OF LOSS: 10/15/2000 PATIENT: LINDA SHAFFER ANY AND ALL RECORDS. Any and all claims files. Dates Requested: up to and including the present. Subject: LINDA S. SHAFFER 505 SANDY HOLLOW ROAD, NEW BLOOMFIELD, PA 17068 Social Security #: 194-42-7950 Date of Birth: 10-26-1949 Date of Loss: 10/15/2000 SU10-395650 0 4212--L~ CERTIFICATE PIlEKEQUISIT~ TO SERVICE 0F A SUBPOENA PURSUANT ?0 RULE 4009.22 IN THE MATTER OF: RAYMOND AND LINDA SHAFFER JOHN W. GRIFFEN -VS- COURT OF COMMON PLEAS TERM, CASE NO: 01-7246 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD R. DORER, ESq. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/19/2002 MCS on behalf of DONALD R. DORER, ESq. Attorney for DEFENDANT DEll-361552 O 4212--LO2 COI~"fl~O~ALTH OF PENNSY~.,V~[qlA COUNTY OF C~rI~IBERLAND IN THE MATTER OF: RAYMOND AND LINDA SHAFFER -VS- JOHN W. GRIFFEN COURT OF C0~f0N PLEAS TERM, CASE NO: 01-7246 NOTICE OP' INTENT TO SERVE A SUBPORN~ TO PRODUCE · ru~.C~ FOR DISCOvxl(y ~'t~SUA _MT TO ROLE 4009.21 INSURANCE CO. CARLISL~ HOSPITAL 0ETHOPAEIC INSTITUTE OF PA FA~FnY~mICINK CENTER INSURANCE MEDICAL RECORDS MEDICAL KECOEDS MEDICAL RECORDS ?0: DANIEL STEHN, ESQUIRE MCS on behalf of DONAI.n E. DORKR, ESq. intends to serve a subpoena identical to the one that is attached to this notice. You have t~enty (20) days fr~n the date listed below in vhich to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. C~nplete copies of any reproduced records may be ordered at your expense by cc~pletin$ the attached counsel card and return/nS same to MCS or by contacting our local MCS office. DATE: 0813012002 CC: DONALD R. DONEE, ESQ. PEG SH~TH - 02BB-00049 - 5837Dl11101 MCS on behalf of DOI~,nn E. DO~t ESq. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP lNG. 1601 MARKET STu~*~T t800 PHILADKLPHIA, PA 19103 (215) 246-0900 DE02-198858 04212--C01 RAYMOND & LINDA SHAFFER VS JOHN W. GRIFFIN : : : RIeN~__ 01-7246 TO:. CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL . . ~, d ~%,,~ ~, ~..~v ' . Within tw~nt~ (20} days a/tel se'vice of th~ lu by the cram ' You ..may deliver or mail lesfbie copifl of the documen~ or produce thin certfhcate of compliance, to the parry makJrl$ this request at the ad Si requested by this subpoena, t her wit advance, the reasonable cost of i~P~nf th- ,.,~.~ ...... dzwl listed Ibove. y.. h ....... °S~ h the .... r,-'- w im~uc~ns the thinp .oulht. ..... ,, ,ne nBm to ~ in if you fail to produce the documtnts or thinfs flquired b~ this 8ubpcena, within twent.), (20) da~o aires, its ~ice, the s~rviflS thL3 subt;o(tfla may Hek a court order cofnpejj~),ou to comply with iL 'I~IS SUBPOENA WaS ISSUED NAME: AT THE REQUEST OF THE FOLLOWING PERSON: ADDRF. S& 214 SENATE AVE. p STE 503 cA~ HTLLt PA 17011 TL~.~.PHON~ 215-246-0900 SUPRF. AfE ~C)UIFF ID ~: Al'roItN~, FOR:. DEFENDANT -- /971 EXPI,ANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL 246 PARKER STREET CARLISLE, PA 17013 RE: 4212 LINDA S. SHAFFER Any and all records, correspondence, files and memorandums, handwritten notes, relating to any examination, consultation care or treatment. Dates Requested: up to and including the present. Subject: LINDA S. SHAFFER 505 SANDY HOLLOW ROAD, NEW BLOOMFIELD, PA 17068 Social Security//:. 194-42-7950 Date of Birth: 10-26-1949 $U10-395652 0 4212--L0 2 CERTIFICATE PltEKEQUISITE TO SERVICE 0F A SUBPOENA PURSUANT TO ~ULE 4009.22 IN THE MATTER OF: RAYMOND AND LINDA SHAFFER -VS- JOHN W. GRIFFEN COURT OF COP~4ON PLEAS TERM, CASE NO: 01-7246 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD R. DORER, ESq. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/19/2002 MCS on behalf of DONALD R. DOPER, ESq. Attorney for DEFENDANT DEll-361553 O 4212--L03 COiVlI~IO~I-,TH OF PENNS'~'I~V~I~IIA COUNTY OF CUI~,IBERL~t~D IN THE MATTER OF: RAYMOND AND LINDA SHAFFER -VS- JOHN W. GRIFFEN COURT OF C0~940N PLEAS TERM, CASE NO: 01-7246 NOTICE OF INTENT TO SERVE A SUBPO~u% TO PRODUCE DOCi~m,~,-£-S AN[ '~"~S FOR DISCOVI~K~ PU~"JOeT TO R_m'.~ 4009.2] Sm~.ay I~SURA~CE CO. CARLISLE HOSPITAL 0R~OPAnlC I~STII~fE OF PA FA~Ly HEDICINE CENTER TO** DAA"F_KL S~,~afJ, ESQUIRK M~mICAL RECOenS MEDICAL RECOenS MEDICAL RECORDS HCS on behalf of DO~ALn R. DO~E~ ES~. intends to serve a subpoena identical to the one that is attached to this notice. You have t~enty (20) days from the date listed belme in ~hich to file of record and serve upon the undersi~ned an objection to the subpoena. If the t~enty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completinE the attached counsel card end returning same to HCS or by contacting our local HCS office. DATE: 08~30~2002 CC: PEG SH~TH -. 02BB-00049 - $837Dl11101 Any questions regarding this matter, contact HCS on behalf of Attorney for DEI~NDAI~ THE HCS GROUP INC. 1601MARKXT STREXT ~800 PHILADELPHIA, PA ~9[03 (2~$) 248-0900 DE02-198858 04212--C01 RAYMOND & LINDA SHAFFER VS : JOHN W. GRIFFIN : File No. __ 01-7246 TO: CUSTODIAN OF RECORDS FOR: ORTHOPAEDIC INSTITUTE · ' ' (~ameat'F'meeeeEnm~' i Witidn tWenty (20) days a~ter Ns'vice of t thinll Idl ~Jbm~M~ ......... You may delivm, or mail leSible copies oir the dacumaml m, ira)duce thinss r~luaat~d t certificate of compliance, to the party mak3i~l~ ~ i'~qlNat at t by s subpa~na, t advance, the reasonable cost of _ _ . .he addl~14 listed ahoy Id . oSether with the PrePartnI the copt., ur producing the tidn~ Nulle' YOu hive the rism to ink, in iir you fail to produce the docum~ts o~ thfnp required by this subpoena, witIdn twemq/(20) days &gm, it~ Nrvice, the piny s~,'vins t~/.~ subpoena may ~aek a court ord~ com~ you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PEI~,ON: NAME: DOR~R ES . ADDR~ 214 SENATE AV~., STE 503 CA~rP flILL; PA 17011 T~Lg.~ON~: 215-246-0900 A'~'rO~L~, ~0[~., DE~'I~NDANT EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ORTHOPAEDIC INSTITUTE OF PA 875 POPLAR CHURCH ROAD CAMP HILL, PA 17011 RE: 4212 LINDA S. SHAFFER Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: LINDA S. SHAFFER 505 SANDY HOLLOW ROAD, NEW BLOOMFIEIJ), PA 17068 Social Security g:. 194-42-7950 Date of Birth: 10-26-1949 SU10-395654 0 4212--L0 3 CERTIFICATE P~E~EQUISITE TO SERVICE OF A SUBPOENA PUP, SUANT TO RULE 4009.22 IN THE MATTER OF: RAYMOND AND LINDA SHAFFER JOHN W. GRIFFEN -VS- COURT OF COMMON PLEAS TERM, CASE NO: 01-7246 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD R. DOPER, ESq. certifies that A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/19/2002 MCS on behalf of DONALD R. DOPER, ESq. Attorney for DEFENDANT DEll-361554 0 4212--L0 4 CObflvlOI~I'W~ALTH OF PENNSYLV.~I~IIA COIJI~TY OF CIJliBEi~_LAND IN THE MATTER OF: RAYMOND AND LINDA SHAFFER -VS- JOHN W. GRIFFEN COURT OF C0~fl40N PLEAS TERM, CASE NO: 01-7246 NOTICE OF II, TENT TO SERVE A SUBPOENA TO PRODUCE DOC[~R.:,'TS A_ND_ · r~ilNGS FOR DISCoYgl(¥ PurSUANT TO l~[m_~ 4009.2] SRR~-BY INSURANCE CO. CART.ISLE HOSPITAL 0RTHOPA~I~IC INS?I'~o'fz OF PA FA~rl.y M~--ICINE CENTLq[ INSURANCE ~2I)IC~L R~CO~OS HR~ICAL RECORDS ~DICAL RECORDS TO: DANIEL STEEN, ESQUIRE MCS on behalf of DONALD R. DO~ER, ESq. intends to serve a subpoena identical to the one that is attached to this notice. You have tm~nty (20) days fro~ the date listed belo~ in~hich to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is ~ade, then the subpoena m.y be served. Complete copies of any reproduced records m.y be ordered at your expense by completing the attached counsel card and returninE same to MCS or by contacting our local HCS office. DATE: 08~30~2002 CC: DONALD R..DORER, ESq. PEG SMITE - 02HB-00049 - 5837Dl11101 Any questions regarding this matter, contact HCS on behalf of DONAI.n R. DOR,KR,~ ESq. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MAR~T STREET ~800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-198858 RAYMOND & LINDA SHAFFER VS : : JOH~ W. GRIFFIN : : 01-7246 CUSTODIAN OF RECORDS FOR: FAMILY MEDICINE CENTER OF NEWPORT t~'?.~:""'""~",' ",..-,c. 0, thi...,v,,~,,m~__ ~,,._' . You ma), deliver or mill I"'"bl .... ~, · COpIE~ of the documenW of Produce thin u certificate of compliance, to the adwnce, the rea-.--.k~- -- . ~ ~nl If you/ail ~ p~duce th- ' . . . ff a~mente or thifl~ ~ulr~ s~m~ t~j subpo~ may ~ek a ~IS S~A W~ N~& ISS~ AT ~ ~Q~ OF ~ ~LLO~G ~N: ADDR~ Ta A~. ST~ 503 ~011 ~ONe 2~5-g46-0900 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: FAMILY MEDICINE CENTER OF NEWPORT 29 W. SHORTCUT ROAD NEWPORT, PA 17074 RE: 4212 LINDA S. SHAFFER Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Da~s Requested: up to and including the present. Subject: LINDA S. SHAFFER 505 SANDY HOLLOW ROAD, NEW BLOOMFIEIJ~, PA 17068 Social Security #: 194-42-7950 Date of Birth: 10-26-1949 SU10-395656 04212--L04 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in d, uplicate)~. TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (!.~) for JURY trial at the next term of civil court. ( ) fo.r trial without a jury. CAPTION OF CASE (entire caption must be stated in full) LINDA ~AFFER AND RAYMOND SHAFFER, (check one) ( ) Assumpsit ( ) Trespass Trespass (Motor Vehicle) VS. JOHN W. GRIFFIN, VS. (Plaintiff) (Defendant) ( ) (other) The trial list will be called on 8/12/03 and Trials commence on 9/8/03 Pretriais will be held on 8/20/03 (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214-1.) No. O1 Civil 724~ 19 __ Indicate the attorney who will try case for the party who files this praecipe: Daniel Stern, Esquire, 2650 N. Third St., Harrisburg, P~A_ 1__7~11~0 ............ Indicate trial counsel for other parties if known: ....... Donald Doter, Esquire, 214 Senate Ave., Suite 503, Cami~H~il__l,~ P~A_ 17_0__1_1~___ This case is ready for trial. Signed: Date: 6/13/03 2650 N. 3rd STREET Print Name: Attorney for: _P_l. aint if_f s ...... RAYMOND and LINDA SHAFFER,: Plaintiffs : JOHN W. GRIFFIN, : Defendant : Esquire, counsel %9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Bayley, and for the defendant, Girard Rickards, Esquire. for defendant will be Donald R. Dorer, Esquire. This case involves an automobile accident that 2000. Defendant crossed into the NO. 01-7246 CIVIL TERM PRETRIAL CONFERENCE AND NOW, this 20th day of August, 2003, before Edgar Judge, present for the plaintiffs was Daniel Stern, Trial occurred on October 15, oncoming lane on the Holly Pike striking plaintiff and going on to hit three additional vehicles. WhilE! defendant has testified that he is a lifelong diabetic and believes he was expe!riencing symptoms resulting from low blood sugar, the defense has no expert testimony on the issue of liability. Plaintiff incurred a knee injury for which she seeks general damages including medical expenses over the $10,000.00 paid by her insurance carrier. Estimated time of trial, two days~.~--~ / By t~ Edgar Bi-~ayle~J~ Daniel Stern, Esquire For Plaintiffs Girard Rickards, Esquire For Defendant prs 02HB-00049 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant John W. Griffin RAYMOND AND LINDA SHAFFER, PLAINTIFF VS. JOHN W. GRIFFIN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01~7246 CIVIL TERM CIVIL ACTION - LAW JURY TR/AL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned case settled, discontinued and ended. Date: Daniel Stern, Esquire 2650 North Third Street Harrisburg, PA 17110 Court I.D.25989 02HB-00049 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant John W. Griffin RAYMOND AND LINDA SHAFFER, PLAINTIFF VS. JOHN W. GRIFFIN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~ PENNSYLVANIA NO. 01-7246 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Praecipe to Discontinu~e to be served by regular first class mail upon: Date: September 26, 2003 Daniel Stern, Esquire 2650 North Third Street Harrisburg, PA 17110 d . Do~d R. Dorer, Ese uire Attorney for Defendant