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Home My WebLink About04-2983 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION Hope N. Bigler 236 Cloverhill Road Newburg PA 17240 v. File No: 2004- .;2.crPd Clui.Ll~ Lori Ann Rank 25 Town Mills Shippensburg. PA 17257 Civil Action - Law PRAECIPE FOR-SUMMONS TO THE PROTHONOTARY I CLERK OF SAID COURT: Issue summons in trespass in the above case. _X_ Writ of Summons shall be issued and forwarded to Sheriff. I Grego . ~SqUire Two . Market Street, P.O. Box 952 Yo PA 17405 Phone: 717-846-0606 Supreme Court ID: 38894 Date: June 24. 2004 ............................................................................... SUMMONS IN CIVIL ACTION To: Lori Rank. 25 Town Hi lis ShipoensburQ. PA 17257 " ;1'... .\NM~raX:I<;, p, cC., YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. ~ : pC~~~/2k. Civ~ion Date:J/.u..)~ :.2$( -:tea'! ~R~ ~p .~/7hY,~' Deputy . C N P ~ it t ~ ...... Ul ~ ~ () ~1 ~ 1- ...:1 . ,".J ,"1 ..';{; _, .,J (/ ;lC =\~ '. , IN THE COURT OF COMMON PLEAS OF !CUMBERLAND COUNTY CIVIL DIVISION Hope N. Bigler v. File No: 2004-2983 Civil Term Lori Ann Rank PRAECIPE TO REINSTA.TE WRIT TO THE PROTHONOTARY: Curtis R. Long Please reinstate the above Praecipe for Summons. Grego E.. M In, Esquire Tw . Market Street, P.O. Box 952 York PA 1'7405 Phone: 717-846-0606 Supreme Court ID: 38894 Date: July 20, 2004 ............................................................................... '_AWO'>,CE'O- U....l,:N t~., Al'</,;\T1X~J, 'I'" '~'. W'OW,,,"A""""OU' y""K.l'",,"'Y'S^H' 'B'" ,- . ....... = c,:;> ...- L c-. j:::::: f'\) -r=- N (J1 "-., -..; ~,~~ , . C) -II .-, :1: _ n1_D ,_.. -am ';;l~ -.'!C) ,,_.r~ =f.; ~,?~,~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-02983 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BIGLER HOPE N VS RANK LORI ANN R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: RANK LORI ANN but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On August 30th , 2004 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge Mileage Dep Franklin Co 18.00 9.00 10.00 29.60 49.40 116.00 08/30/2004 DALE ANSTINE so~answe /- --. ._----____..? ./ ~ - R: Thomas Kine Sheriff of Cumberland County Sworn and subscribed to before me this 7J!i day of ~ .,ldvL( A. D . ()~~LQ ~~ I Prothonotaf;/ ,C,} IY'lI:::,C-: ( ':,' V'," SHERIFF'S RETURN - REGULAR CASE NO: 2004-00180 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN HOPE N. BIGLER VS LORI ANN RANK GUS ALEXIOU O'i d"\83 , Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS LORI ANN RANK was served upon the DEFENDANT , at 0012:28 Hour, on the 25th day of August 2004 at 8117 UPPER STRASBURG ROAD PLEASANT HALL, PA 17246 LORI ANN RANK 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 Mileage 9.00 9.00 4.00 10.00 17.40 49.40 Sworn and Subscribed to before ~\h me this QAD day of f\f'~ ~J A.D. ,) uhf ~6nrL1 . Notary' . . So ~swers~ . ~ GtJs'i~IOU ~~ BY~f 08/26/2004 DALE E ANSTINE P.C. Notarial Seal Ril.'hard D. Mcc Chan b b _ arty, NOfaJY Public 1 ers UJ:g Boro Frankli C My Commission Expires Jan.n29,o~;;g; In The Court of Common Pleas of Cumberland County, Pennsylvania Hope N. Bigler 64--(Qll1 vs. Lori linn Rank No. 04-2983 civil Now, July 21, 2004 , !, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. G?6.-:7' ' /~' ~__. ..,rt~~:/"" ~ ~. -""'<:. ",_,.(::.~~R Sheriff of Cumberland County, PA Affidavit of Service Now,At/GU'J/ ;2.5; ,200-Y',at/.;i,::?80'c1ock ~M. served the withinW/l"/'/ O/'" ~"#/1(j~ Cc.Xt'#7'~, dCDY"-/c9b T / upon_/.CJIf'I /1~,4/ /f4~<< at ell 7 &.(' ~ S',7;9fS2S"~ ~~ ~b'1J1?;V'7 M~/!1 /7..;2yt;- byhandingto Ldf/ 4,P/t/ /f7;tV~ a tL/1f17 c;:,C" S?//t;4tqyY ~~ copy of the original w/77; ~od/~/ GO 7' and made known to Lo-f'/ ~~ /f'4~ the contents thereof. ~. ~ Pin C&,~': So answers, ___ / ..- ./" V""f' A L'd/O/ O~7Y <.J~~/Cr <:.::T' /Y' ' ~~~~0; ~ ~r(Sheriffof r~/~ County,PA Sworn and subscribe me this _ do. ~ duj of ,f~- COSTS SbRVTCE____n__ $ MIL0,AGE AFFIDA VIT Notori,\ SooI J Ril.'hard D. McCarty, Notary Publk Chambersburg Boro,.Franklin County My C.lmmission Expires Jan. 29,2007 $ 17.40 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOPE N. BIGLER, Plaintiff, Civil Division v, No. 2004-2983 LORI ANN RANK, Defendant. PRAECIPE FOR ENTRY OF APPEARANCE Filed on behalf of the Defendant Counsel of Record for this Party Kevin D. Rauch. Esquire 1.0. #83058 Summers. McDonnell, Hudock. Guthrie & Skeel Firm #911 1017 Mumma Road Lemoyne. PA 17043 (717) 901-5916 #13047 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOPE N. BIGLER, Plaintiff, CIVIL DIVISION v, NO. 2004-2983 LORI ANN RANK. Defendant. (Jury Trial Demanded) PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned" Kevin D. Rauch. Esquire. of the law firm of Summers. McDonnell, Walsh & Skeel, L.L.P.. on behalf of the Defendant, Lori Ann Rank. in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, MCDONNELL, HUDOCK, GUTHRIE SKEE L.L.P. evin D. Rauc. squire Counsel for Defendant By: - CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Praecipe of Appearance has been mailed by U.S. Mail to counsel of record via first class mail, t~ ~ postage pre-paid. this ~ day of . "'- . 2004. Greg Martin, Esquire 2 West Market Street POBox 952 York, PA 17405 SUMMERS, McDONNELL, HUDOCK, GUTHRIE SKEEL By: If-' (") C: ry en \,D ....., c.::::> C~ .xc- V) r---; -c r-" Cl (") "T) :::j rr1:r ,-- -0 fT1 :J)y '::~(:) ;~r~ ;"~ 'J -< ~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA HOPE N. BIGLER, Plaintiff, Civil Division No. 2004-2983 v. PRAECIPE FOR RULE TO FILE COMPLAINT LORI ANN RANK, Defendant. Filed on behalf of the Defendant Counsel of Record for this Party Kevin D. Rauch, Esquire 1.0,#83058 Summers. McDonnell, Hudock, Guthrie & Skeel Firm #911 1017 Mumma Road Lemoyne. PA 17043 (717) 901-5916 #13047 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA HOPE N. BIGLER, Plaintiff. CIVIL DIVISION v. NO. 2004-2983 LORI ANN RANK, Defendant. (Jury Trial Demanded) PRAECIPE FOR RULE TO FILE COMPLAINT TO: The Prothonotary Kindly rule the Plaintiff, Hope N. Bigler. to file a Complaint in Civil Action within twenty (20) days. Respectfully submitted. SUMMERS. MCDONNELL. HUDOCK, GUTHRIE & SKEEL By: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Praecipe for Rule to File Complaint has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this J 7tiJ- day of ",J,p.:&..J'-"'-<.- . 2004. , Greg Martin, Esquire 2 West Market Street POBox 952 York, PA 17405 By: r;, ~:2 --; :::1 "> C~ C~) ~ v, r'-1 -..,J r".) D o -'-j .-j T rll:c! r- l)tn :'uO 1::J,'- : '1_) i~t:~ :::.-::,! 1'.) en \.0':) '-.C.l .< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOPE N. BIGLER, Plaintiff, CIVil DIVISION v. NO. 2004-2983 lORI ANN RANK, Defendant. (Jury Trial Demanded) RULE AND NOW, this ~6R. day of S>c: f..{. . , 2004, upon consideration of Defendant's Praecipe for Rule to File a Complaint. a Rule is hereby granted upon Plaintiff to file a Complaint within twentv (20) days of service, or suffer judgment Non Pros. Rule issued this .JD-+i-...day of ~ ,2004. j!.'M-b J K ~ Prothonotary '::L7J C) ....., 0 C:;.J ~~ = 'T1 or:- '- (/) ._, ;<; f+;f'~ -"0 1'.) ;g~i Co ~-~~ (~) u -~j~~ N -::::! en :T, I.D -..:.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION HOPE N. BIGLER, Plaintiff NO.: 2004-2983 v. CIVIL ACTION-LAW LORI ANN RANK, Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND Pursuant to PA RCP No. 1018.1 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, 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. 'w,"W",",_"",_"" LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY STREET CARLISLE, PENNSYL VANIA 17013 TELEPHONE: 1-800-990-9180 "'.j<; E. AN""T1NJoJ. :P., {'^ Y""K. I'"~~~,,,"^_"^ 'H{'~ II EN LA CORTE DE ALEGATOS COMUN DEL CONDADO DE CUMBERLAND, PENNSYL VANIA DIVISION CIVIL HOPE N. BIGLER, Plaintiff NO.: 2004-2983 v. CIVIL ACTION-LAW LORI ANN RANK, Defendant JURY TRIAL DEMANDED A VISO PARA DEFENDER Confonnea PARCPNum. 1018.1 USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar acci6n dentro de veinte (20) dias a partir de la fecha en que recibi6 la demanda yel aviso. Usted debe presentar comparecencia escrita en persona 0 por abogado y presentar en la Corte por escrito sus defensas 0 sus objeciones a las 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 notificaci6n por cualquier dinero reclamado en la demanda 0 por cualquier otra queja 0 compensaci6n reclamados por el Demandante. USTED PUEDE PERDER DINERO, 0 PROPRlEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. USTED DEBE LLEV AR ESTE P APEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VA Y A 0 LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUlR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOUS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARlO REDUCIDO 0 GRATIS. ~w O"'CE', 0- LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY STREET CARLISLE, PENNSYL VANIA 17013 TELEPHONE: 1-800-990-9180 IL;toJ E. A~M'l']S!ro, II', r. ,~" we;- "^",,- ,,_'R'C' "0" Q,,,,,. 8'" ~,> y"".,J'"""_H""'<A'H"C, ,^WO'''CC'OF ,'!l~.JI'J J<i. .'\.Xi'\ITI':'i.W, P. {', 'wo W".d ~"," '.,",,, "0".",.,,,,,..,,,.,",, ",,'~. ""NNSv<'VAX'. "'w, II , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA HOPE N. BIGLER, Plaintiff NO.: 2004-2983 v. LORI ANN RANK, Defendant CIVIL ACTION-LAW JURY TRIAL DEMANDED COMPLAINT 1. The Plaintiff, Hope Bigler, is an adult individual residing at 236 Cloverhill Road, Newburg, P A 17240. 2. The Defendant, Lori Ann Rank, is an adult individual residing at 25 Town Mills Mobile Home Park, Shippensburg, PAl 7257. 3. On September 16,2000, the Plaintiff was the operator ofa 1989 Ford Mustang bearing P A registration plate DMX-8057, which was owned by and used with the permission of Melvin Bigler. 4. On September 16, 2000, the Defendant was the operator of a 1996 Mitsubishi Eclipse bearing P A registration plate CAF -7 I 0 I, which was owned by and used with the permission of Christophef W. Rank. 5. On September 16, 2000, at approximately 8;06 P.M., the Plaintiffwas operating her vehicle southbound on Earl Street in Shippensburg neaf its intersection with West Fort Street. 6. At that same time and place, the Defendant was operating her vehicle northbound on Earl Street when she crossed the center line and entered the Plaintiff's lane of travel COlliding with Plaintiff's vehicle head on which resulted in injuries and damages to the Plaintiff. 7. This accident occurred as a result of the negligence of the Defendant and was due in no manner to any act, Of failure to act, on the part of the Plaintiff. /I , I 8. This matter is alleged to exceed the applicable limits of arbitration, and a jury trial is hereby demanded. 9. The negligence of Defendant Chapman consisted of the fOllowing: a) Failing to properly Operate and Control her motor vehicle; b) Failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; c) Operating her vehicle in careless disregard for the safety of others and the Plaintiff in Particular in violation of 75 Pa.C.S. ~3714; d) Failing to operate her vehicle on the right hand side of the roadway in violation of 75 Pa. C.S. ~3301(a); e) Failing to observe the presence of Plaintiffs vehicle when the Defendant knew or should have known of the presence of Plaintiffs vehicle; f) Operating her vehicle on the left hand side of the roadway in violation ofPa. C.S. ~3306; and g) Violating 75 Pa. C.S. ~3309(1). 10. As a result of the negligence of the Defendant, the Plaintiff sustained serious and permanent il\iuries including but not limited to fracture of the right tibia-fibula, cervical strain/sprain, ambulatory dysfunction, right leg pain, and a severe shock to her nerves and nervous system. I I. As a result of the negligence of the Defendant, the Plaintiff Was forced to incur medical bills and expenses for the il\iuries she has suffered and she will continue to incur medical expenses in the future. c.w OFFices OF /oJ K.<\NM'l'l.,'''''' ,1>,1', """ 0, ,,," "'" ~O, 12. As a result of the negligence of the Defendant, the Plaintiff has undergone, and in the ,~" *,-" .".",,- "", """""'-'.VAN'^ '7,,,.. future may undergo, great mental and phYsical pain and suffering, mental anguish and humiliation, loss of life's pleasures, and a severe limitation in her Pursuit of daily activities, all to her great loss and detriment. II 'I j"""""", 'llIDm, tire Do'''''''''' i, .. """m' m '''= "'~, m.."to'Y ~bik'tioo Jimi.. WHEREFORE, P""tiff ''''''''fuJly mq"~" llii, Roo"",,), Co... to ""~ RESPECTFULLY SUBMITTED: LAW OFFICES OF DALE E. ANSTINE, P.c. --~ GregaI}' E. Martin, Esquire Attorney I.D. #38894 Two West Market Street P.O. Box 952 York,PA 17405 (717) 846 - 0606 .(\."""'T~N)O., ,j'" ,(\ """'"'''''''" NN~~'-'A~" '7'''., II I VERIFICATION Gregory E. Martin. Esquire, hereby states that he is the attorney for the Plaintiff in this action and verifies that the statements made in the foregoing are true and correct to the best of his knowledge, information, and belief. The undersigned understands that the statements therein are made Subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: September 28. 2004 Gr gory E. Martin, Esquire Attorney 1.0. No. 38894 Attorney for Plaintiff ',,'.i :I~, ,'\S.'I"I'IS,I", p, (' y""',J""""""","H<.,,,,,._, II CERTIFICATE OF SERVICE a member of the Law Offices of Dale E. Anstine P.C.. hereby certify that I have, this date. AND NOW. this 28th day of September. 2004. I, Gregory E. Martin. Esquire. served a copy of the within and foregoing document by first class United States Mail. postage, pre-paid. addressed to the party or attorney of record as follows: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel 1017 Mumma Road Lemoyne, PA 17043 Respectfully submitted. LAW OFFICES OF DALE E. ANSTINE. P.C. 0' " L\.I...~: ;~:., ,'\S,'l^I'(S.I.', I'. .(' Aj / V BY: Gregory E. Martin. Esquire 1.0. NO: 38894 Two West Market Street P.O. Box 952 York PA 17405 (717) 846-0606 y""",I',."",."y,u."",,,. ....., 0 <= <= ..." J:'" ,n :;:J-n f'q --0 Fi1 r-= "" -or{' ~'? \.D ~)(.J ..J,", ..,~ (~:n _,.(l {..OJ ("idi ~:;; N :]:~ ~ ....., ':"D <:T. -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION Hope N. Bigler v. File No: 21004-2983 Civil Term Lori Ann Rank PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Curtis R. Long Please substitute the attached verification to Plaintiff's Complaint. / " , / .I " GregJ1fv E. itln, Esquire Tw6\N~ Market Street, P.O. Box 952 York PA 1i'405 Phone: 717-846-0606 Supreme Court ID: 38894 Date: November 5, 2004 HA 'I~]O": t~o ~\XMT:[ ~J<":, I]), ('. VERIFICATION I HEREBY VERIFY that the information set forth in the foregoing Complaint is true and correct to the best of my knowledge, infonnation and belief. I understand that any false statements contained herein are subject to the pl~na1ties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Date: \t}~o.a-l a~{\(\ " Ho~er nAI~I<) 1<::. AXMT;IX)<), P. ((', YURH. PI!!'oiX"YLVA!>.!A 17l0" nAll~Jo': 1<"':, .\.'\XM'lf'ISJ!<.l, iP, C, )'01<1(, I'I:"""YIY^"^ 1710-, . CERTIFICATE OF SERVICE AND NOW, this 5th day of November, 2004, I, Gregory E. Martin, Esquire, a member of the Law Offices of Dale E. Anstine P.C., hereby certify that I have, this date, served a copy of the within and foregoing document by first class United States Mail, postage, pre-paid, addressed to the party or attorney of record as follows: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel 1017 Mumma Road Lemoyne, PA 17043 Respectfully submitted, LAW OFFICES OF DALE E. ANSTINE, P.C. BY: Gregory E. Martin, Esquire 1.0. NO: 38894 Two West Market Street P.O. Box ~152 York PA 1'7405 (717) 846-0606 c~~ . ~". (") r~~ ....~.. : j": I'J c::;, ~~:> ..r:..- o -n :r! .."'~ ....rt i llr';-:; -"1m ~i) c;:, ~-~ el) .~, ~f ... 'j'. \..'_" :0 ;-.:() ;' .-fn \ ~..) ~ ;;:1:: C) ~~. ..... , CoO -r? ',<~ (..) C> 0\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOPE N. BIGLER, Plaintiff, Civil Division No. 2004-2983 v. ANSWER AND NEW MATTER LORI ANN RANK, Defendant. Filed on behalf of the Defendant Counsel of Record for this Party Kevin D. Rauch, Esquire I.D. #83058 TO: Plain tiff You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from s rvice hereof or a j gment may e ent=>re ainst u. Summers, McDonnell, Hudock, Guthrie & Skeel Firm #911 1017 Mumma Road Lemoyne, PA 17043 . (717) 901-5916 #13047 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOPE N. BIGLER, Plaintiff, CIVIL DIVISION v. NO. 2004-2983 LORI ANN RANK, Defendant. (Jury Trial Demanded) ANSWER AND NEW MATTER AND NOW, comes the Defendant, Lori Ann Rank, by and through and her attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. Denied as stated. Defendant, Lori Ann Jones' current address is P.O. Box 547, Shippensburg, PA 17257. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part, denied as part. It is admitted that a collision occurred between the two vehicles. The remaining allegations are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 7. Paragraph 7 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time oftrial. 8. Paragraph 8 and all its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 9. Paragraph 9 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 10. Paragraph 10 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 11. Paragraph 11 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 12. Paragraph 12 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Lori Ann Rank, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 13. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 14. Some and/or all of the Plaintiff's claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility law and/or other collateral sources and same may not be duplicated in the present lawsuit. 15. To the extent that the Plaintiff has selected the limited tort option or is deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiff's ability to recover non-economic damages. 16. The Defendant pleads any and all applicable statutes of limitation under Pennsylvania law as a complete or partial bar to any recovery by Plaintiff in this action. 17. Defendant lost control of her vehicle prior to impact due to the superseding/intervening cause of a mechanical failure in the vehicle. WHEREFORE, Defendant, Lori Ann Rank, respectfully requests this Honorable Court to enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK GUTHRIE; & SKEEL, L.L.P. / . Rauch, Esquire Counsel for Defendant VERIFICATION Defendant verifies that she is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which she has furnished to her counsel and information which has been gathered by her counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MA TIER and to the extent that the ANSWER AND NEW MATTER is based upon information which she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, she has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Date: // - /-u y #13047 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this ~ oV day of ~ - , 2004: Greg Martin, Esquire 2 West Market Street POBox 952 York, PA 17405 1.in D. Rauch ........ Counsel for Defendant C) r" 0 c-:;, ('- L.::> 'T1 ...J;.".... -.. ::-'.: '-I :r: ::g .", J Cl 1'"1"1 -{~ In lJ (i : .' '-', 1 C> r- '- "-:1-, -U -d ,:5 I ) 1 n :ir ( ... c,,) , , I -'.1 Q <:; -c. N -( ... . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOPE N. BIGLER, Plaintiff, v. LORI ANN RANK, Defendant, v. MITSUBISHI MOTORS CORPORATION, MITSUBISHI MOTORS NORTH AMERICA, INC., and RPM MOTORS, Additional Defendants. #13047 Civil Division No. 2004-2983 PRAECIPE FOR WRIT OF SUMMONS TO JOIN ADDI1'IONAL DEFENDANT Filed on behalf of the Defendant Counsel of Record for this Party Kevin D. Rauch, Esquire I.D. #83058 Summers, McDonnell, Hudock, Guthrie & Skeel Firm #911 1017 Mumma Road Lemoyne, PA 17043 (717) 901-59'16 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOPE N. BIGLER, Plaintiff, CIVIL DIVISION v. NO. 2004-2~983 LORI ANN RANK, Defendant, (Jury Trial Demanded) v. MITSUBISHI MOTORS CORPORATION, MITSUBISHI MOTORS NORTH AMERICA, INC., and RPM MOTORS, Additional Defendants. PRAECIPE FOR WRIT OF SUMMONS TO JOIN ADDITIONAL DEFENDANT TO: Prothonotary: Kindly issue a Writ of Summons joining Mitsubishi Motors North America, Inc., as an Additional Defendant in the above-captioned action. Respectfully submitted, SUMMERS MCDONNELL, HUDOCK, GUTHRIE & SKEEL BY: JURY TRIAL DEMANDED {'orr. /rlA.s+ Cei1.+er I,;;}O 7 ~)""a"5 e ...5+. WI'h"tII~lov;, btf: /9~ol CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR WRIT OF SUMMONS TO JOIN ADDITIONAL DEFENDANT has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid I this dQ.~ day of ~~\J.I^ ) - ,2004: Greg Martin, Esquire 2 West Market Street POBox 952 York, PA 17405 (') !'oJ c: = 0 c.:.-:;) -"',I" ..c- --n ..;, rii Cl': ;Jf:~ ::y; ......; 11 0 ~; jl' ...c rl1 fR V:. (,.) -Om -,' 0 :;.JO ~~~~; ~~~6 -0 :T::n ::r; ~?c") )> (c_ (~ bfn ~ -I c..n ;c: -~ \.D -< ) J Cumberland County, ss: The Commonwealth of Pennsylvania to -Mitsubishi Motors Corporation, 16-4 Konan 2-Chome, Minatu- Ku, Tokyo 108-8410 -RPM Motors, 1464 Lincoln Way East, Chambersburg, PA 17201 -Mitsubishi Motors North America, Inc, Corp Trust Center, 1209 Orange Street, Wilmington, DE 19801 You are notified that Lori Ann Rank has joined you as an additional defendant in this action, which you are required to defend. By:. ' eputy Date:November 30, 2004 (Seal) No. 04-2983 Civil Term Hope N. Bigler vs Lori Ann Rank Defendant Mitsubishi Motors Corporation Mitsubishi Motors North America, Inc. RPM Motors Additional Defendant WRIT TO JOINED AN ADDITIONAL DEFENDANT Kevin D. Rauch Esq. 1017 Mumma Road Lemoyne, P A 17043 (717) 901-5916 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOPE N. BIGLER, Plaintiff, v. LORI ANN RANK, Defendant, v. MITSUBISHI MOTORS CORPORATION, MITSUBISHI MOTORS NORTH AMERICA, INC., and RPM MOTORS, Additional Defendants. #13047 Civil Division No. 2004-2983 PRAECIPE FOR WRIT OF SUMMONS TO JOIN ADDITIONAL DEFENDANT Filed on behalf of the Defendant Counsel of IRecord for this Party Kevin D. Rauch, Esquire I.D.#83058 Summers, McDonnell, Hudock, Guthrie & Skeel Firm #911 1017 Mumma Road Lemoyne, PA 17043 (717) 901-5916 ... CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR WRIT OF SUMMONS TO JOIN ADDITIONAL DEFENDANT has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this d~ day of l\~w ,2004: Greg Martin, Esquire 2 West Market Street POBox 952 York, PA 17405 .... (") '" 0 = c ~ -n ~;~ ..,... ~ ~~ r~ ~ ...... .~ 0 rn r,:-J ....~...... .......: -0" [~'.' (~ -,')0 0 Q<S ~i~_ -J'T, -0 ~:(~25 ::-1: w cs.n ~ ~~ Cr\ 1:'"1'.\ CO ,....r: 1 <l Cumberland County, ss: The Commonwealth of Pennsylvania to -Mitsubishi Motors Corporation, 16-4 Konan 2-Chome, Minatu- Ku, Tokyo 108-8410 - RPM Motors, 1464 Lincoln Way East, Chambersburg, PAl 720 1 -Mitsubishi Motors North America, Inc, Corp Trust Center, 1209 Orange Street, Wilmington, DE 19801 You are notified that Lori Ann Rank has joined you as an additional defendant in this action, which you are required to defend. Date:November 30, 2004 (Seal) No. 04-2983 Civil Term Hope N. Bigler vs Lori Ann Rank Defendant Mitsubishi Motors Corporation Mitsubishi Motors North America, lnc. RPM Motors Additional Defendant WRIT TO JOINED AN ADDITIONAL DEFENDANT Kevin D. Rauch Esq. 1017 Mumma Road Lemoyne, P A 17043 (717) 901-5916 Attorney for Defendant , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOPE N. BIGLER, Plaintiff, v. LORI ANN RANK, Defendant, v. MITSUBISHI MOTORS CORPORATION, MITSUBISHI MOTORS NORTH AMERICA, INC., and RPM MOTORS, Additional Defendants. #13047 Civil Division No. 2004-2983 PRAECIPE FOR WRIT OF SUMMONS TO JOIN ADDITIONAL DEFENDANT Filed on behalf of the Defendant Counsel of Record for this Party Kevin D. Rauch, Esquire 1.0.#83058 Summers, MeDonnell, Hudock, Guthrie & SkE~el Firm #911 1017 Mumma Road Lemoyne, PA 17043 (717) 901-59116 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOPE N. BIGLER, Plaintiff, CIVIL DIVISION v. NO. 2004-2~183 LORI ANN RANK, Defendant, (Jury Trial DE~manded) v. MITSUBISHI MOTORS CORPORATION, MITSUBISHI MOTORS NORTH AMERICA, INC., and RPM MOTORS, Additional Defendants. PRAECIPE FOR WRIT OF SUMMONS TO JOIN ADDITIONAL DEFENDANT TO: Prothonotary: Kindly issue a Writ of Summons joining Mitsubishi Motors Corporation as an Additional Defendant in the above-captioned action. Respectfully submitted, SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL BY: JURY TRIAL DEMANDED /Iv -if) k~ Z - Cn.OI11. L fYI'Aa.fv- KIA. J 7Ok~yo IOr-<;~/tJ CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR WRIT OF SUMMONS TO JOIN ADDITIONAL DEFENDANT has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this a~ day of --n ~ ~o "".J .l P ..u ' 2004: Greg Martin, Esquire 2 West Market Street POBox 952 York, PA 17405 (") c ;;;; ~~c: (~~.~ ~' , ~~ ~~~; );c -'l ~::j -< ,..", <C..? C;.::> ....- Z o -c::: w o o ., ~-M r11-'--' -oFT; :UC-J OT :::j~} _L --3 f"'") I ~~7 ?') oi'n :i::;! :-.0 -< -0 ::c c....> .. (.11 \.D ~ J Cumberland County, ss: The Commonwealth of Pennsylvania to - Mitsubishi Motors Corporation, 16-4 Konan 2-Chome, Minatu- Ku, Tokyo 108-8410 -RPM Motors, 1464 Lincoln Way East, Chanlbersburg, PA 17201 -Mitsubishi Motors North America, Inc, Corp Trust Center, 1209 Orange Street, Wilmington, DE 19801 You are notified that Lori Ann Rank has joined you as an additional defendant in this action, which you are required to defend. Date:November 30, 2004 (Seal) No. 04-2983 Civil Term Hope N. Bigler vs Lori Ann Rank Defendant Mitsubishi Motors Corporation Mitsubishi Motors North America, Inc. RPM Motors Additional Defendant WRIT TO JOINED AN ADDITIONAL DEFENDANT Kevin D. Rauch Esq. 1017 Mumma Road Lemoyne, P A 17043 (717) 901-5916 Attorney for Defendant , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOPE N. BIGLER, Plaintiff, Civil Division No. 2004-2~183 v. LORI ANN RANK, Defendant. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4(JI09.22 Filed on behalf of the Defendant Counsel of Hecord for this Party Kevin D. Rauch, Esquire I.D. #83058 Summers, McDonnell, Hudock, Guthrie & Skeel Firm #911 1017 Mumma Road Lemoyne, PA 17043 (717) 901-5!316 #13047 IN THE COURT OF COMMON PLEAS OF CUMBERLA.ND COUNTY, PENNSYLVANIA HOPE N. BIGLER, Plaintiff, CIVIL DIVISION v. NO. 2004-2983 LORI ANN RANK, Defendant. (Jury Trial DE~manded) CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to selVice of a subpoena for documents and things pursuant to Rule 4009.22, this Defendant certifies that: 1. A Notice of Intent to SelVe Subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party at least twenty (20) days prior to date on which the subpoenas sought to be selVed. 2. Copies of the Notices of Intent, including the proposed subpoenas, are attached to this Certificate. 3. Plaintiff's counsel waived the twenty (20) day waiting requirement in a letter dated December 2, 2004. (A true and correct copy of the correspondence dated December 2,2004, is attached hereto as Exhibit "A".) 4. The subpoenas which will be selVed are idlsntical to the subpoenas which are attached to the Notice of Intent to SelVe the Subpoena. Respectfully submitted, Date: ~ CERTIFICATE OF SERVICE; I HEREBY CERTIFY that a true and correct copy of each of the foregoing CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this K- day of ~ __ , 2004. Greg Martin, Esquire 2 West Market Street P.O. Box 952 York, PA 17405 LAW OFFICES OF DALE E. ANSTINE. P.C. DALE E. ANSTINE DAVID M. POLLICK JOHN M. SOFILKA GREGORY E. MARTIN LEAH B. GRAFF WAYNE C. PARSIL THOMAS P. LANG TWO WEST MARKET STREET POST OFFICE BOX 952 YORK, PENNSYLVANIA 17405 PRACTICE LIMITED TO: PERSONAL INJURY WRONGFUL DEATH (7 t 7) 846-0608 FAX (717) 845-7431 December 2, 2004 Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel 1017 Mumma Road Lemoyne, PA 17043 RE: Hope N. Bigler v. Lori Ann Rank No: 2004-2983 Dear Attorney Rauch: Please be advised that I have no objections to the subpoenas listed in your November 18, 2004 letter. I would ask that you provide mE3 copies of the materials that you obtain by use of the same. Please find enclosed Plaintiff's Answers to Defendant's Interrogatories, as well as Plaintiff's Response to Defendant's Request for Production of Documents. If you have any questions in this regard, please contact me. GEM:amm Enclosures ~ ~ b' ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOPE N. BIGLER, Plaintiff, Civil Division No. 2004-2S183 v. LORI ANN RANK, Defendant. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.~!1 Filed on behalf of the Defendant Counsel of Record for this Party Kevin D. Rauch, Esquire I.D. #83058 Summers, McDonnell, Hudock, Guthrie & SkE~el Firm #911 1017 Mumma Road Lemoyne, PA 17043 (717) 901-59'16 #13047 ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOPE N. BIGLER, Plaintiff, CIVIL DIVISION v. NO. 2004-2:983 LORI ANN RANK, Defendant. (Jury Trial Demanded) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Cumberland Valley Orthopedics Associations, Inc. Medical To: Greg Martin, Esquire Kevin D. Rauch, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty (20) day notice period is waived or if no objection is made, the subpoena may be seNed. ~ Date: H- 1\ -J.oo"i BY:.~ K in D. Ri3uch, Esquire Attorney I.D. No. 83058 1017 Mumma Road Lemoyne, PA 17043 (717) 901-ti916 Attorney for Defendc;mt c_ ~ ~; EXPLANATION OF REQUIRED RIECORDS TO: CUSTODIAN OF RECORDS FOR: Cumberland Valley Orthopedics Associations, Inc. 120 N. 7th Street, Suite 101 Chambersburg, PA 17201 RE: Hope N. Bigler - All hospital records (including nurses records and progress notes) - Transcribed hospital records - Clinician office chart notes - Medical records needed for continuity - Dental records - Most recent five-year history - Physical therapy records - Laboratory reports - Emergency & urgency care notes - Pathology reports - Billing statements - X-rays, MRls CT Scans - Diagnostic imaging reports - All reports G {--' - --- -- '~ COMMONWEALTH OF PENNSYI.v ANIA COUNTY OF CUMBERLAND Hope N. Bigler, Plaintiff File No.. 2004-2983 v. Lori Ann Rank, Defendant SUBPOENA TOPRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RUlLE 4009.22 TO: Cumberland Valley Orthopedics Associations, Inc. (Name afPersan or Entity) Within twenty (20) days after service afthis subpaena, you are ardered by the caurt to praduce the fallowing dacuments ar things: , See attached Explanation of Records at~ 1017 Mumma Road, Suite 30,(), Lemoyne. FA 1704'J ' (Address) . , Yau may deliver ~r. niaillegible 'eopi~s aftb.e. docUments ar pra~uce ~gs~equesied by this subp.Oena; ,together wi~ f!le certificafe.qfco~paDce, to. the pitity maJci,n$ th~ r~t. ilfthe ad~s .listed a~oye. . You have the right to 'seek iri. 3.dvance' the 'reasonable cost- af preparing ~ copies' or ptQduCiDg the thmgfsaught '.' "', " . " ." . ,'" ..:.,:, " .: ,:' :' " 'JiYQu'~. 4>. p.r.~..!4~ ~~:9r' things,re~ by, this. subpo~ ~th4t.tW~tY (20Y daYs after itS s.~Ce; the Pllrty.sezymg't1iisSubP~ '~y seek a cOurt arder eonlpel!ling yo~to oozDply...With it. :' ',.::','t.. ~'.'" : ;":~,""" ,,;. '.'. '.....,. illi$..SUUPOENA.WASISsUriD'AT'Tim REQoSSrOp.T!tE FOLI;OWlN'd'PERSON:, ' N:~{'K.~Vfn j-,: "R~.h~~:~' ~~q'. , ' . ADp~~,;' 10,17 c lIfumma:"1~6~d~" ~t.~ 30'0 ~e~<?yn~l": FA 17043' .'. '_ . :".:'~.~2.;.:_''::-':~'. ." ;,' : . ~.f:i,QNB;i .71:7..:. ~ri 1 :... r; Q:1 ~, ' SUPREME COURt ID #' '. . '., " :.: .; ,,,,-;;.;.,,,...~'..- - ." '..;<,....., .~.. ...:. .. R l ri '; R ' ATT<?.~y FOR: Defendant , ---'-- ~ -:.J" '.' '." :; ',. P#2'1d-~;tb.,a;$ ~~4CI, "- .., '.. ";;-:i"i:::-:c;",; . , "" 0 '~ . .' .;.:; {-,~.'."_ _. _ ~i~~i\ JJi.c.;.,;~:;<,;".~~,~~j:'~~':~~~",j~f;:~~~;(~~~;U~fi,f~~t\~:; -~;:-"'.~:';:"-'::-'?: :-:_':-~'-~ :;;~. . . f b: '=:::'" (;.' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOPE N. BIGLER, Plaintiff, Civil Division No. 2004-2983 v. LORI ANN RANK, Defendant. NOTICE OF INTENT TO SERVE A SUBPOENA 'TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Filed on behalf of the Defendant Counsel of Record for this Party Kevin D. Rauch, Esquire 1.0.#83058 Summers, McDonnell, Hudock, Guthrie & Skeel Firm #911 1017 Mumma Road Lemoyne, PA 17043 (717) 901-5916 #13047 . f ~- t~=_ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOPE N. BIGLER, Plaintiff, CIVIL DIVISION v. NO. 2004-2983 LORI ANN RANK, Defendant. (Jury Trial Demanded) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Cumberland Valley EMS Medical To: Greg Martin, Esquire Kevin D. Rauch, Esquire intends to seNe a subpoEma identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and seNe upon the undersigned an objection to the subpoena. If the twenty (20) day notice period is waived or if no objection is made, the subpoena may be seNed. Date: II-It' -tJ 1 By: K in D. Raluch, Esquire Attorney 1.0. No. 83058 1017 Mumma Road Lemoyne, PA 17043 (717) 901-5~~16 Attorney for Defendant . ; G; , - ~. EXPLANATION OF REQUIRED RI:CORDS TO: CUSTODIAN OF RECORDS FOR: Cumberland Valley EMS P.O. Box 69 Shippensburg, PA 17257 RE: Hope N. Bigler - All hospital records (including nurses records and progmss notes) - Transcribed hospital records - Clinician office chart notes - Medical records needed for continuity Dental records - Most recent five-year history - Physical therapy records - Laboratory reports - Emergency & urgency care notes - Pathology reports - Billing statements - X-rays, MRls CT Scans - Diagnostic imaging reports - All reports b . C-~~ . COMMONWEALlli OF PENNSyr... VANIA COUNTY OF CUMBERLAND Hope N. Bigler, Plaintiff File No.2 0 0 4 -- 2 983 v. Lori Ann Rank, DefendaFlt TO: Cumberland Valley EMS (Name of Person or Entity) . Wif:hin twenty (20) days after service of this subpoena, you are ordered by the court to produCe the fonowing documents or things: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4Q09.2.t See attached Explanation of Records at ~ 101 7 Mumma Road, Sui te 30.D. Lemoyne. PA 1 704'3 . (Address) . . You lllaY deliver ~r. niaillegI'ble 'copies of the. d~cuments or produce f!1!n~' requeste<I by this . subpoena, togethOr wi1li 'ire ~ .fco~liaiJce, to. fI>e pOrty IDilijlg ibis requ.;.t. atfl>e. aiIdress .listed abo.ve.. You hiive the' nght to 'seek m advance 'the reasonable' cost- of prepamig theeopies or l'tQduCing the . thfugs'sought '. . " ' .',.. " '- , .' " .' .. ..... ... !t}jjii fuiJ, ;" i!l!><!l!ce~ ~'" a,;"g.~ by ibis mJbpo.... wi$it.~ (20) daYs atler.. sCrvjce, fI>e partyserviDlitlUsSubpo.,;.,my Seek a ci.mt Order ~Uing yo.; to. cOIripJy_it !~ S~~~~W:AiJ.~4;~ REQuEsT()Frim;~~PWoN' '. ,. .' '.. .... . ". '. . .. ~~; KpviJi n ''RnlJ~h::R~q ADIl~~; 1017 'MUnini":R6..dC . St~ LeIIl,?yne,'PA ~7043 . _ 30'0 . .", ".:~.;-2~.~: ;. ',:. ," : . '. . ~ . . WU?:~.gQJ':ffi;" ..71'7-". qri 1 ~ Ii q..'1 h . '" SVP.REME COURT ID'#" " .:. ' , -; ....-;,~.',...-.. ..' .~., ......... _'_ R ~ ()? R AITc:>~y FOR: Defendimt ~ B~;k... .. . i' . . . "., : " Prq dri9~, Ciyil.P.ivjsion ~i~:4};;.~ :J1Y')lf "-- ~~.. .CZ'7E://'fJir./---, _ ':~~;::.~~~J~...,~.,:.'~.:.~'...:.'::"..;.:'_,'~":.:_..~~:,:-~,..."~,',_:.,.-.._;'-.::-r.._,.'-,:~':~'-:_,'~"_~:-:__:':-_::~":-"',:.;.:.~:..:~.'_,_:-,.-:,.:_~.--~:..~:~'~_,,:_:.".-~.:,:':,~:.'.::.-:.~.:..._..:,'-',_~:'-,L:_;..:.:--::..::~'.;::~...,:,-::~.:._;','-",-,'~~..~.,,:"_"._,.,':,';,-:,~,-.'_:..._..;_,':,'.:~',,_-,:..-'.,::,:"~,.,-"""':'::_:_"';:',,:.""',::.~"":'~".."::.~.':.:....:.':.~.__.~,'..,,:.'.,.'..'_.:.,.:._::...':.~.::_..:~.:::.,_....~_':;::.,:'.:~_:~:.l_:..~..".:-,_.;::.-:,..~.:.:.~...,_.;~:,...:.:,~-_...._...".'-_:,.:-_.::~::~:;;c...:....~..-:,::...~_....-:..,._",..,,'~,.,..~......:......'_:~.,.-.;:...;.~...:~c:"._'..~....;.:.~'.,.~.~-:.~,..:,:~.~_~,~.-~.._~..,.~.:_~,._.~._._....:_.._=:_...:._..~.,._:,.:.:_...._.;~,'J,,:;,':_...r._:..:.,~-,::-..:,.:.;:_:-.,~~-;..,~.._..~:...:...i_,:~.....~::..,:..,~:,.:..,_.:_....~:.,.D...~:;".,.r,:..........~...._..:,~...._...:.~.:_...,._:,:~....:...,'..~..;.,;._.._..::;~_.,'~~..:~_,..:~_r.~..:,~.,.:....,'.::.,~;.:..:..J:..!,.....'.t...,.~~.;.,.:.f...;,.:.;,::....-;,:.....,,:,.:..~-.....'j_.....:,.,!..~ ~'~~~~Il~~, '." . .~: . ":c '. _ .c' .:. . c_ ~ ~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOPE N. BIGLER, Plaintiff, Civil Division No. 2004-2983 v. LORI ANN RANK, Defendant. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENT~; AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.2'1 Filed on behalf of the Defendant Counsel of Record for this Party Kevin D. Rauch, Esquire 1.0.#83058 Summers, McDonnell, Hudock, Guthrie & SkeE~1 Firm #911 1017 Mumma Road Lemoyne, PA '17043 (717) 901-5916 #13047 ,-.. (--c:-: L~_' ~ =" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOPE N. BIGLER, Plaintiff, v. LORI ANN RANK, Defendant. CIVIL DIVISION NO. 2004-2983 (Jury Trial Dlemanded) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Chambersburg Hospital To: Greg Martin, Esquire Medical Kevin D. Rauch, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty (20) day notice period is waived or if no objectio is made, the subpoena may be served. Date:JI-l~ - ~i Attorney for Defendant ~ ~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: Chambersburg Hospital 112 N. 7th Street Chambersburg, PA 17201 RE: Hope N. Bigler - All hospital records (including nurses records and progress notes) - Transcribed hospital records - Clinician office chart notes - Medical records needed for continuity - Dental records . - Most recent five-year history - Physical therapy records - Laboratory reports - Emergency & urgency care notes - Pathology reports - Billing statements - X-rays, MRls CT Scans - Diagnostic imaging reports - All reports f_ ~ ~.. COMMONWEALTII OF PENNSYIV ANIA. COUNTY OF CUMBERLAND Hope N. Bigler, Plaintiff File No. 2004-2 983 v. Lori Ann Rank, Defendaat SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Chambersburg Hospital (Na.me 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: See attached Explanation of Records at 1017 Mumma Road. Suite 30()~ Lemoyne. PA 1704'1 . . ' (Address) . You may deliver 01; nia.illegible 'copies of the dOcuments or produce tJUngs ,requested by this subpOena. .trigetJi..er with tp.e cert#ic.aie. of coPiP~e, "to: the p~ ~ t:1:f#S req~. at the address .listed. ab?ye. ' You ~ve the right to 'seek madvanee 'the reasoilable' cosi' of prep'amig the 'coPies or pt~ducmg the t1iing~'sOllghi,: " . '. '. '" ',' . . . ," ,,' ...: .... ': ,'trY~tr>r~UI. i9, P.r.9.4QCe..~: @~$: 9dhing~ }.'eqUir:64 byihis. subp'o~ ~tb~-Q. .tW~~tY (20}daYs attez: its ~~ce; the. party serviDg t1Us:Subpo~ may seek a cOurt order coriiPelling yo~ to cC?JriplY.\Vith it . ,;>. ': ;::.......'":'~.:.,, .,;.....~ >;,.:~\~':'.:'" ";" :'....' ::.' . :""; .' :':..;;,: ~ -,' ' ~'~~}>bWA.WAsJSSUEDAT 'iRE R:EQ~st OF'TI:IEFOi:LOWJNG PERSON; ~i K~vi"n n'R;iI~~h:, ~~q ADp'~S:' 1 017'- :Mumma ;l~oad';' . St~ 30'0 Lem6.yi1e~PA 1704T . '... " : ': . '. ...,:..,. -: : ~.: ;". . . ."... '~'.~":':' ~:... , 1;]P~~J.!.Q.~:..'71: 7:.:. q ri 1 ~ ~ q.'1 h . $:W:~~ QQJ1.!I !I!...#" R~'R t; R . , AITO~Y FOR: Defendant. : .:OJ .' .. . . p'~io": 'f~~}.~f;.~.;2 Del$! '. .. '-- '. ... "\IJ<:m'>''';ii''';o;;~, - . . - -- --.. - ,......' '~::.::.-_,:._...::;'~:':....,:..:'..:. .._~_"..":'__:~:"_'::_':,,-;~, ,." ".,:'. '.:~:'.:..".',.. ., ':'.:.:,,':_:..'_~'::_'.:',: ',::, ...,..-u.,,:.,.:.::-...:.:.::.._.:...,:,.,-_...:,.~c:.....,;,:,.,:',_.:. '.- --,:..,._-:,.~."..::...,.'._:..~.,..~::.::::_:...','..".:.:::,:~-".:.',:.::.._':.::'."..'.":,.~:_,._.:..,~,...,:.,':,:_':':-'.":;:"""'_ ..~:.:,.:.;..',-.:'-:.'.._,-:"--,>.".'-..-:~.:,.'::..'::::::,..,:~....;:.-:_.-.',:.'::.:;,..,-..-_.:,;._._..:,,-,'-,:-...~-,-:'-:.,:.'-,.,"....::.,...,:c.'...',.,....".-....~'..:,'.._:'-:..~.,~,:-;,;....,...:~~.:....._:...:',:'._;:~,-'..,:;-:_.-:'.-~...,:..~.,.::,::..'.,~.:;,_'~ _::::.~:_.:._:,-..-::.._-.'-,:.:;_-::.~,.' -,:..::.,.."..:,.._.:.,..,':-.:.~,.:_-.-..'.,'~.,::.., ~'..._'::,-,...':~;.:.~_.t;".~:-._:_.,.~..-,-,...-:.-""'." '-;,c;~,,:..,'..,;-_.;:...-:..:::.:.-,-.,:,.~._ ~,.:~::...-..,' .:_.~,..~'.,.':, ....-,:.:._'..:.~:...,;_:,_~~.,.'..,~.-,.,~,_, '~.,::,_','-_:_:.-:_':.......:'-. ~;_':'..:._:.,:.;:...:~.,~..._:..._.._-;.;-_~..~::-.'.,'_-"......:.~:.:_-,:,~..:-: .'._;..._~,,~,: ..;'-'..:':.:.~:~_.,:.....;.:-:...~f.):..~:._. :.,'.:. ~t.::;. '_.;,:_~..'~._.-'_.:....-_.,.._~..',_:._,.~_::.--.,:_:._.;:'-..:.:,.~;,: '.,:',',., :..,~.;.~',,':.~,~:..::'.-,'~.;. . ~~~~~;I~J~t;::2'~~<i*}i'iii7h,~;/,,_~_ '..,.';' ;'. . ~.~". ~'u,'~~" 'u..'.m ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOPE N. BIGLER, Plaintiff, Civil Division No. 2004-2H83 v. LORI ANN RANK, Defendant. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Filed on behalf of the Defendant Counsel of RE~cord for this Party Kevin D. Rauch, Esquire 1.0. #83058 Summers, McDonnell, Hudock, Guthrie & Skeel Firm #911 1017 Mumma Road Lemoyne, PA 17043 (717) 901-5916 #13047 f~ '~' r' ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOPE N. BIGLER, Plaintiff, CIVIL DIVISION v. NO. 2004-2983 LORI ANN RANK, Defendant. (Jury Trial Demanded) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Results Therapy and Fitness Medical To: Greg Martin, Esquire Kevin D. Rauch, Esquire intends to serve a subpoe!na identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty (20) day notice period is waived or if no objection is made, the subpoena may be served. e Ih D. Rauch, Esquire Attorney I.D. No. 83058 1017 Mumma Road Lemoyne, PA 17043 (717) 901-5H16 Date: J I-/~-e'-i Attorney for Defendant G; ~. EXPLANA rlON OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: Results Therapy and Fitness 1600 Orchard Drive Chambersburg, PA 17201 RE: Hope N. Bigler - All hospital records (including nurses records and progress notes) - Transcribed hospital records - Clinician office chart notes - Medical records needed for continuity - Dental records - Most recent five-year history - Physical therapy records - Laboratory reports Emergency & urgency care notes - Pathology reports - Billing statements - X-rays, MRls CT Scans - Diagnostic imaging reports - AU reports c~_ ~ G'" COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ' Hope N. Bigler, . Plaintiff File No.2004--2983 v. Lori Ann Rank, DefendaRt SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Results Therapy and Fitness (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordeted by the court to produce the following documents or things: See attache~ Explanation of Records at 1017 Mumma Road, Suite 300, Lemoyne, PA 1704'l . .' (Address) . , You ~y deliver ~r. niail Iegtole . copies of the. docUments or produce thj:ngs' ~eque~ by this subpoena"togeth.ei With t:he. ~~. o.f co~YaDce, to. ~ p~ malc:i,ng ibis r~. at the address .Jis~ ab~ye. Y: ou mv.e dIe'ri8ht to 'seet: iti id~ 'tIiC reasoDable cost' of pi-ep'aiiJig the copies or pi'QdUCiilg the ~s()u~.'. . '..'. ,". . .... '. . ..", ,..:.:. :.: :.' !f7:Y~li'~. tc;>. Pm~..~4Q~$:pr things J~ by. dris. subpoe~ ~~.~ (20Y daYs after its ~~ce,; the p3;rty serviiig tIiis:.s~ ~y seek a cOurt order coIiiiieI1ing yo~ to. cO~I:r.~tIi it '....,. :.:.~..., . ',' ": ,: <:~i\::" ..;:.......,. .,.., '>'. :,.:' '.' ". rttisSuBl>d~A.WAS ~S'iJED:ATtimREQueSTOF THE FbtLOWING'PERsON:. -: .:-...::....:.. .:":" .:.:. .: . ", ',....".. '., . . ~;. Kp-oJ-i.n n.R;nJ~h:;. R~q ADP.z.ws$.:'10:17c'Muninia:''I{6~d; pt~ 30'0 ~e~t?yn'e~ :'PA '1,7043" .:,. , . .' .~.... ._.~-'"d:.,'.r':.:: ~:-. . - . .. _ " _. '. WU7~JlQ$;::.71:.7,~qn1:-:t;Q-:"l ~.' : ... SUPREMECOURTID#~ "~'" ,': .:',","';.s-""~'.._~ .;, :~.,....<.... 0'_ R~Al\R. AITO~Y fOR: Defehd~ui.t. ~ : -, "F' . . ~~~~: ~/LJ.ri~~the~~6r _ ~ -" ~ c::::..... . . . - ." "." ':'_" -"': -. ..' - . -.." . ~. . ~.~:;.' ~._: ..:\:~<< 'L-:.'~.i~E~-:~~~::~' _,:.:,- .~. _"." ..__ ~. -'" -- '2-,::.=:',:,:,~=~,':'.- , 7';.?;~1:;~~fflff, , . , ('-~) .....:> , -, II C:' 0) \ ." "'''.; _., r__.) -~, 0..; s::~ .-! - ."""1 \ ,-I, - ~-~ \'\~:,j ,C> . " t) > ~ ',- i'~ )' .\ ~' -\ ~::. ECKERT SEAMANS CHERlN & MELLOTT, LLC BY: EDWARD A. GRAY, ESQUIRE DENNIS P. ZIEMBA, ESQUIRE E-Mail: egray@eckertseamans.com dziemba@eckertseamans.com Attorney I.D. Nos.: 28246/76098 1515 Market Street, Ninth Floor Philadelphia, P A 19102-1909 (215) 851-8400 Attorneys for Defendant, Mitsubishi Motors North America, Inc. Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY HOPE N. BIGLER, v. Civil Ac:tion LORI ANN RANK, Defendant/Third-Party Plaintiff No. 04-2983 v. MITSUBISHI MOTORS CORPORATION, MITSUBISHI MOTORS NORTH AMERICA, INC. and RPM MOTORS, Additional Defendants ENTRY OF ApPEARANCE AND JURY TRIAL DEMAND Be advised that Edward A. Gray, Esquire and Dennis P. Ziemba, Esquire are entering their appearance as counsel for Defendant, Mitsubishi Motors North America, Inc., in the above captioned matter. A jury trial consisting of a panel of twelve (12) jurors is hereby requested. ECKERti{~ Cn BY: EDWARDA.GRAY,E DENNIS P. ZIEMBA, ESQUIRE Attorneys for Defendant, Mitsubishi Motors North America, Inc. ECKERT SEAMANS CHERIN & MELLOTT, LLC BY: EDWARD A. GRAY, ESQUIRE DENNIS P. ZIEMBA, ESQUIRE E-Mail: egray@eckertseamans.com dziemba@eckertseamans.com Attorney J.D. Nos.: 28246/76098 1515 Market Street, Ninth Floor Philadelphia, P A 19102-1909 (215) 851-8400 Attorneys for Defendant, Mitsubishi Motors North America, Inc. Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY HOPE N. BIGLER, v. Civil Action LORI ANN RANK, DefendantlThird-Party Plaintiff No. 04-2983 v. MITSUBISHI MOTORS CORPORATION, MITSUBISHI MOTORS NORTH AMERICA, INe. and RPM MOTORS, Additional Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the Entry of Appearance and Jury Trial Demand of Defendant, Mitsubishi Motors North America, Inc., were served upon all interested counsel in the manner indicated below on January 7,2005. Service by FIRST CLASS MAIL Addressed as follows: Gregory E. Martin, Esquire Dale E. Anstine, P.e. 2 West Market Street P.O. Box 952 York, PA 17405 Kevin D. Rauch, Esquire Summer, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road Lemoyne, P A 17043 k~R:zZ- BY: ARD A. GRAY, ESQ DENNIS P. ZIEMBA, ESQ IRE Attorneys for Defendant, Mitsubishi Motors North America, Inc. C'J ....- "'. ___t', ..:. ' ~'~ -; . '-7' , ( :'.j ,,0 ; ~'- ., ~;~ ;; r-' = C::::> cf'I (- :;.::~ ~ -- ." ..- , .-t,. o o -11 .-1 ::1:.1 [11'-' -....~\ ~~~~ y~ ~;~'~J:~ "-< *.~ , -~:o-- i-T,""l ..r": -0 -J>,"'. (t? OJ ECKERT SEAMANS CHERIN & MELLOTT, LLC BY: EDWARD A. GRAY, ESQUIRE DENNIS P. ZIEMBA, ESQUIRE E-Mail: egray@eckertseamans.com dziemba@eckertseamans.com Attorney lD. Nos.: 28246 / 76098 1515 Market Street, Ninth Floor Philadelphia, P A 19102-1909 (215) 851-8400 Attorneys for Defendant, Mitsubishi Motors North America, Inc. HOPE N. BIGLER, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY v. Civil Action LORI ANN RANK, DefendantlThird-Party Plaintiff No. 04-2:983 v. MITSUBISHI MOTORS CORPORATION, MITSUBISHI MOTORS NORTH AMERICA, INe. and RPM MOTORS, Additional Defendants PRAECIPE TO FILE COMPLAIN1: To THE PROTHONOTARY: Kindly enter a rule upon Defendant/Third-Party Plaintiff to file a Complaint within twenty (20) days or suffer the entry of a Judgment Non Pros. ECKER~S A CH <: ~ BY: - IS P. ZIEMBA, E DIRE Attorney for Defendant, Mitsubishi Motors North America, Inc. RULE TO FILE COMPLAINT AND NOW, this /~y of -.J~') , 2005, a Rule is hereby granted upon DefendantlThird-Party Plainiiffto file a Complaint herein within twenty (20) days after servO hereof or suffer the entry of a Judgment Non Pros. () I '_ ~'TAR ....0 tt'\ o C ::,:'" ~ ~ c..- :P" :;:;. '" (- ::, -" o CI ~n .-\ ~,:-l-l n',':;':;' ..,.,\1":' '~\, . -, F0 -r' ~~? co IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA HOPE N. BIGLER. Plaintiff. Civil Division No. 2004-2983 v, LORI ANN RANK, Defendant. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 Filed on behalf of the Defendant Counsel of Record for this Party Kevin D. Rauch. Esquire 1.0,#83058 Summers. McDonnell, Hudock, Guthrie & Skeel Firm #911 1017 Mumma Road Lemoyne. PA 17043 (717) 901-5916 #13047 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOPE N. BIGLER, Plaintiff. CIVIL DIVISION v. NO. 2004-2983 LORI ANN RANK, Defendant. (Jury Trial Demanded) CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22. this Defendant certifies that: 1. A Notice of Intent to Serve Subpoena with ;~ copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to date on which the subpoena sought to be served. 2. A copy of the Notice of Intent. including the proposed subpoena. is attached to this Certificate, 3, Plaintiff's counsel waived the twenty (20) day waiting requirement in a letter dated January 10. 2005. (A true and correct copy of the correspondence dated January 10,2005. is attached hereto as Exhibit "A".) 4. The subpoena which will be served are identical to the subpoena which ;s attached to the Notice of Intent to Serve the Subpoena. Respectfully submitted. SUMMERS, McDONNELL. HUDOCK, GUTHRIE E..LP - Date: BY: Kevin D. Rauch. Esquire Attorneys for Defendant ~~- ( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOPE N. BIGLER, Plaintiff, Civil Division No. 2004-2983 v. LORI ANN RANK. Defendant. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009..21 Filed on behalf of the Defendant Counsel of Record for this Party Kevin D. Rauch, Esquire 1.0.#83058 Summers, McDonnell, Hudock, Guthrie & Skeel Firm #911 1017 Mumma Road Lemoyne. PA 17043 (717) 901-5916 #13047 l { IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA HOPE N. BIGLER, Plaintiff, CIVIL DIVISION v. NO. 2004-2983 LORI ANN RANK, Defendant. (Jury Trial Demanded) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 William Shord. D.C. Medical To: Greg Martin, Esquire Kevin D. Rauch, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty (20) day notice period is waived or if no objecti n is made, the subpoena may be served. eVln D. Rauch, Es e Attorney LD. No. 83058 1017 Mumma Road Lemoyne, PA 17043 (717) 901-5916 Date: /-"6.....05' By: Attorney for Defendant c"- t~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HOPE N. BIGLER, Plaintiff, File NO'_20 0 d _ 7 q 81 v. LORI ANN RANK, Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: William Shard., D.C., 3815 Scotland Main st., Chambersburg, PAl 7201 (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: See attached Explanation of Required Records. at 1017 Mumma Road, Suite 300, Lemoyne, PA. 17043. (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 Y(ju 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 FOLLOWlNG PERSON: NAME: Kevin D. Rauch, Esquire ADDRESS: 1017 Mumma Rd., Ste. 300 T.F!moynF!, PA 17043 TE!:EPHONE: (717) Qf\1,--"Q16 SurR,1'~ COUlt1' ill # ATTORNEY FOR: p"f"nii"nt- Dat,;:})EL ;;.PI :J6Dl.f Seal of the Court BY W COURT: { ; -:0. -iA.-' I Prothonotary, Civil DivislOn '-- AOAPP'~fl~;'-V~, " Deputy . ( ( EXPLANA nON OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: William Shord, D.C. 3815 Scotland Main Street Chambersburg, PA 17201 RE: Hope N. Bigler - All hospital records (including nurses records and progress notes) - Transcribed hospital records - Clinician office chart notes - Medical records needed for continuity - Dental records - Most recent five-year history - Physical therapy records - Laboratory reports - Emergency & urgency care notes - Pathology reports - Billing statements - X-rays, MRls CT Scans - Diagnostic imaging reports - All reports LAW OFFICES OF DALE E. ANST1LNlm. P.C. DALE E. ANSTINE DAVID M. POLLICK JOHN M. SOFILKA GREGORY E. MARTIN LEAH B. GRAFF WAYNE C. PARSIL THOMI\S p, t.ANG TWO WEST MARKET STREET POST OFFICE BOX 952 YqRK. PENNSYLVANIA 1'405 PRA.CTICE LIMITED TO; PERSONAL INJURY WRONGFUL DEATH (717) 646-0606 FAX (717) 845-7431 January 10, 2005 Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel 1017 Mumma Road Lemoyne, PA 17043 RE: Hope N. Bigler v. Lori Ann Rank No: 2004-2983 Dear Attorney Rauch: Please be advised that I have no objection to your subpoena to William Shard, DC in the above matter. If you have any questions in this regard, please contact me. Very truly ours, GEM:amm / / / Qregory / , , [Rj~51L0) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of each of the foregoing CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this ~y of January, 2005. Greg Martin, Esquire 2 West Market Street P.O. Box 952 York, PA 17405 SUMMERS, McDONNELL, HUDOCK GUTHRIE & SKEEL, L.L.P. ~ ' - vin D. auch, Es Ire Attorneys for Defendant BY: (-: ;--~ '.', 0'11 r.._ .-.~ --,' I'n C:J C) C) ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOPE N. BIGLER, Plaintiff, v. LORI ANN RANK, Defendant, v. MITSUBISHI MOTORS CORPORATION, MITSUBISHI MOTORS NORTH AMERICA, INC., and RPM MOTORS, Additional Defendants. #13047 Civil Division No. 2004-2B83 COMPLAINT TO JOIN ADDITIONAIL DEFENDANTS Filed on behalf of the Defendant Counsel of Ftecord for this Party Kevin D. Rauch, Esquire I.D. #83058 Summers, McDonnell, Hudock, Guthrie & Skeel Firm #911 1017 Mumma Road Lemoyne, PA 17043 (717) 901-5~116 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOPE N. BIGLER, Plaintiff, CIVIL DIVISIION v. NO. 2004-2'983 LORI ANN RANK, Defendant, v. MITSUBISHI MOTORS CORPORATION, MITSUBISHI MOTORS NORTH AMERICA, INC., and RPM MOTORS, Additional Defendants. (Jury Trial Demanded) COMPLAINT TO JOIN ADDITIONAL D1:FENDANTS AND NOW, comes the Defendant, Lori Ann Rank, by and through her attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, and Kevin D. Rauch, Esquire, and files the within Complaint to Join Additional Defendants and in support thereof avers as follows: 1. The Plaintiff, Hope Bigler, is an individual residing at 236 Cloverhill Road, Newburg, Pennsylvania 17204. 2. The Defendant, Lori Ann Jones, is an individual whose address is P.O. Box 547, Shippensburg, Pennsylvania 17257. 3. Upon information and belief, Additional Defendant, Mitsubishi Motors Corporation, is a corporation organized and existing under the laws of Japan, with an office at 16-4 Konan 2-Chome, Minato-Ku, Tokyo 108-84'10. 4. Upon information and belief, Additional Defendant, Mitsubishi Motors North America, Inc., is a corporation organized and existing under the laws of Delaware, with a corporate address of Corporate Trust Center, 1209 Orange Street, Wilmington, Delaware 19801 . 5. Upon information and belief, Additional Defendant, RPM Motors, is a business whose address is 1464 Lincoln Way East, Chambersburg, Pennsylvania 17201. 6. On September 16, 2000, the Plaintiff was the operator of a 1989 Ford Mustang having a Pennsylvania registration plate DMX-8057, which was owned and used with the permission of Melvin Bigler. 7. On September 16, 2000, the Defendant was the operator of a 1996 Mitsubishi Eclipse having Pennsylvania registration plate CAF-7101, which was owned Christopher W. Rank and used with his permission. 8. On September 16, 2000, the Plaintiff was operating her vehicle southbound on Earl Street in Shippensburg near its intersection with West Fort Street. 9. At the same time and place, the Defendant was operating her 1996 Mitsubishi Eclipse northbound on Earl Street when a mechanical defect in the car caused it to cross the center line and enter the Plaintifrs lane of travel colliding with Plaintiffs vehicle head-on which resulted in the injuries and damages to the Plaintiff. 10. The Plaintiff filed a Complaint in Cumberland County, Pennsylvania, which was received by Defendant on October 1, 2004 (A true and correct copy of the Complaint is attached hereto as Exhibit "A"). 11. The Defendant filed an Answer and New Matter in Cumberland County, Pennsylvania on November 15, 2004 (A true and correct copy of the Answer and New Matter is attached hereto as Exhibit "B"). 12. The Defendant filed a Writ to Join Additional Defendants, Mitsubishi Motors Corporation, Mitsubishi Motors North America, Inc. and RPM Motors in Cumberland County, Pennsylvania on November 30, 2004 (A true and correct copy of the Writ of Join Additional Defendants is attached hereto as Exhibit "C"). COUNT I (NEGLIGENCE) 13. The allegations set forth in paragraphs 1 through 12 are incorporated by reference as though fully set forth at length herein. 14. The sole, direct, and proximate cause of any damage allegedly sustained by the Plaintiff was the negligence of the Additional Defendants, Mitsubishi Motors Corporation, Mitsubishi Motors North America, Inc. and RPM Motors, generally and in the following particulars: (a) In failing to exercise reasonable care to make the automobile safe for use for which it was supplied and/or assembled and/or distributed and/or sold; (b) In failing to exercise reasonable care to discover the said automobile's dangerous condition and/or character and to inform those persons like the Defendant whom they should expect to be subject to its operation; (c) In failing to exercise reasonable care in that they supplied and/or assembled and/or distributed and/or sold the automobile without providing warnings to warn users, such as the Defendant, that the rubber boots on the lower lateral arm ball joints of the front suspension were damaged such that they would cause a sudden loss of steering and increase the risk of a vehicle crash as happened in the subject accident; (d) In failing otherwise to exercise reasonable care in that they supplied and/or assembled and/or distributed and/or sold the automobile without providing an adequate warning to users of the automobile as to its dangerous propensity; (e) In negligently supplying and/or assembling and/or distributing and/or selling an automobile with damaged rubber boots on the lower lateral arm ball joints of the front suspension that could cause a steering failure and increase the risk of a vehicle crash as happened in the subject accident; (f) In negligently supplying and/or assembling and/or distributing and/or selling an automobile with damaged rubber boots on the lower lateral arm ball joints of the front suspension when the Additional Defendants knew or should have known these conditions existed; and (g) In otherwise failing to use and/or exercise due care and caution in the supplying and/or assembling and/or distributing and/or selling the automobile as set forth in this Complaint. 15. In the event that the Plaintiff is entitled to recover, which right of recovery is specifically denied, then the Additional Defendants, Mitsubishi Motors Corporation, Mitsubishi Motors North America, Inc. and RPM Motors are liable to the Plaintiff or are liable over to this Defendant, Lori Ann Rank, for contribution and/or indemnity. WHEREFORE, Defendant, Lori Ann Rank, joins Mitsubishi Motors Corporation, Mitsubishi Motors North America, Inc. and RPM Motors as Additional Defendants as being liable to Plaintiff or liable over to Defendant, Lori Ann Rank, for contribution or full indemnification on any and all sums recoverable under the causes of action asserted in Plaintiffs Complaint. COUNT" (STRICT LIABILITY) 16. The allegations set forth in paragraphs 1 through 15 are incorporated by reference as though fully set forth at length herein. 17. Additional Defendants, Mitsubishi Motors Corporation; Mitsubishi Motors North America, Inc. and RPM Motors, are liable under a theory of strict liability pursuant to Section 402(A) under the Restatement (Second) of Torts as adopted by the Pennsylvania Supreme Court in that they: (a) Supplied and/or assembled and/or distributed and/or sold the automobile in a defective condition because it: is unreasonably dangerous to the user or consumer because of the damaged boots on the lower lateral arm ball joints of the front susp,ension; (b) Additional Defendants, Mitsubishi Motors Corporation; Mitsubishi Motors North America, Inc.; and RIPM Motors, are engaged in the business of supplying and/or assembling and/or distributing and/or selling such an automobile; and (c) Said automobile was expected to and did reach the consumer without substantial change in the condition in which it was sold. 18. Pursuant to Section 402(A) under the Restatement (Second) of Torts, Lori Ann Rank is entitled to full indemnification from Additional Defendants, Mitsubishi Motors Corporation; Mitsubishi Motors North America, Inc.; and RPM Motors. WHEREFORE, Defendant, Lori Ann Rank, joins Mitsubishi Motors Corporation; Mitsubishi Motors North America, Inc.; and RPM Motors as Additional Defendants as being solely liable to Plaintiff or liable over to Lori Ann Rank for contribution or full indemnification on any and all sums recoverable under the causes of action asserted in the Plaintiffs Complaint. COUNT '" (BREACH OF WARRANTY) 19. The allegations set forth in paragraphs 1 through 18 are incorporated by reference as though fully set forth at length herein. 20. At all times material, the Additional Defendants, Mitsubishi Motors Corporation, Mitsubishi Motors North America, Inc. and RPM Motors, supplied and/or assembled and/or distributed and/or sold the vehicle directly to purchasers and/or through contractors and/or agents and was a "merchant" within the meaning of Article 2 of the Pennsylvania Uniform Commercial Code, 12A PS Si 2-104. 21. Being subject to the foreseeable operation of the automobile as previously described in this Complaint, the Defendant relied upon the Additional Defendants' express warranties and the implied warranties of merchantability and fitness for a particular purpose for which said automobile was intended in accordance with Article 2 of the Pennsylvania Uniform Commercial Code, 12A PS Si 2-313,314, and 315. 22. The injuries described in Plaintiff's Complalint were the sole, direct, legal, and proximate result of the breaches of the express and implied warranties of merchantability and fitness for a particular purpose for which the aforesaid automobile was intended. Such expressed and implied warranties were made by the agents, servants, employees of the Additional Defendants acting within the scope of employment of authority. 23. As a sole, direct, legal, and proximate result of the breaches of the aforesaid expressed and implied warranties made by the agents, servants, and employees of the Additional Defendants acting within their scope of employment and authority, generally, jointly, or severally, as aforesaid, sUlffered the injuries and incurred the losses as described in her Complaint, which are incorporated by reference as though they were fully set forth herein. 24. In the event that the Plaintiff is entitled to fI~cover, which right of recovery is specifically denied, then the Additional Defendants, Mitsubishi Motors Corporation, Mitsubishi Motors North America, Inc. and RPM Motors, are alone liable to Plaintiff or are liable over to this Defendant, Lori Ann Rank, for contribution and/or indemnity. WHEREFORE, Defendant, Lori Ann Rank, joins Mitsubishi Motors Corporation, Mitsubishi Motors North America, Inc. and RPM Motors. as Additional Defendants as being solely liable to Plaintiff or liable over to Lori Ann Rank for contribution or full indemnification on any and all sums recoverable under the causes of action asserted in the Plaintiff's Complaint. Respectfully submitted, SUMMERS, MCDONNELL, HUDOCK, GUTHRI SKEEL JURY TRIAL DEMANDED VERI FICA TION Defendant verifies that she is the Defendant in the foregoing action; that the foregoing COMPLAINT TO JOIN ADDITIONAL DEFENDANTS is based upon information which she has furnished to her counsel and information which has been gathered by her counsel in the preparation of the lawsuit. The language of the COMPLAINT TO JOIN ADDITIONAL DEFENDANTS is that of counsel and not of the Defendant. Defendant has read the COMPLAINT TO JOIN ADDITIONAL DEFENDANTS and to the extent that the COMPLAINT TO JOIN ADDITIONAL DEFENDANTS is based upon information which she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. To the extent that the content of the COMPLAINT TO JOIN ADDITIONAL DEFENDANTS is that of counsel, she has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. 'rJ /' Date:d- -06 ~. Q. L-ftlk /Lori Ann Rank #13047 f i \ I 31)l{? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION HOPE N. BIGLER, Plaintiff NO.: 2004-2983 CIVIL ACTION-LAW ....., () = a S; ~ -n JURY TRIAL DE~ED~ ~~ ~)~;;~ ~ ~9 r"iC, ..,,0 <,-j -0 ::-c::ri :}~ (-) :!r: 9 (') 5~; ~~ ~~rn ~7=f N 1.; -< 010 -< 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 obj eetions 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. v. LORI ANN RANK, Defendant NOTICE TO DEICEND Pursuant to PA RCP No. 1018.1 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. 'wo ''<''~'.'<T''"'" """''''''0'.0'.5< LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 1-800-990-9180 )A!l.lEl E. ANI;;TilKE, ~b. 'c. Yotu<, P~~N.nV^~'" "->0:1 EN LA CORTE DE ALEGATOS COMUN DEL CONDADO DE CUMBERLAND, PENNSYLVANIA DIVISION CIVIL HOPE N. BIGLER, Plaintiff NOi.: 2004-2983 v. CIVIL ACTION-LAW LORI ANN RANK, Defendant JURY TRIAL DEMANDED A VISO PAM DEFENDER Conforme a PA RCP Num. 1018.1 USTED HA SIDO DEMAND ADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar :icci6n dentro de veinte (20) dias a partir de la fecha en que recibi61a demanda y el aviso. Usted debe 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 notificaci6n por cualquier dinero reclamado en la demanda 0 por cualquier otra queja 0 compensaci6n reclamados por el Demandante. USTED PUEDE PERDER DINERO, 0 PROPRIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. USTED DEBE LLEV AR ESTE P APEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, V AYA 0 LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUlR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOUS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO 0 GRATIS. ,'"Ow,,,.,",,,,,",,, po", 0'''<< .~, 0.. LAWYER REFERRAL SER"lCE OF THE CUMBERLAND COUNTY BAR. ASSOCIATION TWO LIBERTY STREET CARLISLE, PENNSYL VANIA 17013 TELEPHONE: 1-800-990-9180 llALE E. ANw.rilNJR:. n~. C. YOnK, P~""HL""-~'" 'HOb \. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA HOPE N. BIGLER, Plain tiff NO.: 2004-2983 v. CIVIL ACTION-LAW LORl ANN RANK, Defendant JURY TRlAL DEMANDED COMPLAINT I. The Plaintiff, Hope Bigler, is an adult individual residing at 236 Cloverhill Road, Newburg, P A 17240. 2. The Defendant, Lori Ann Rank, is an adult individual residing at 25 Town Mills Mobile Home Park, Shippensburg, PA 17257. 3. On September 16,2000, the Plaintiff was the operator ofa 1989 Ford Mustang bearing PA registration plate DMX-8057, which was owned by and used with the permission of Melvin Bigler. 4. On September 16, 2000, the Defendant was the operator of a 1996 Mitsubishi Eclipse bearing PA registration plate CAF-7101, which was owned by and used with the permission of Christopher W. Rank. 5. On September 16, 2000, at approximately 8:06 P.M., the Plaintiff was operating her vehicle southbound on Earl Street in Shippensburg near its intersection with West Fort Street. 6. At that same time and place, the Defendant was operating her vehicle northbound on LAW O",cU 0_ Earl Street when she crossed the center line and entered the Plaintiff's lane of travel colliding ~A!LE jf;. AK~TrrN:EI. ll". c. ''''~ "'u, ~,,"<T S'A'n PO~' ~..'"' 00. ~~. Yo"". P""'~8YL'."l<lA "..."" with Plaintiff's vehicle head on which resulted in injuries and damages to the Plaintiff. 7. This accident occurred as a result of the negligence of the Defendant and was due in no manner to any act, or failure to act, on the part ofthe PI'aintiff. I - 8. This matter is alleged to exceed the applicable limits of arbitration, and a jury trial is hereby demanded. 9. The negligence of Defendant Chapman consisted of the following: a) Failing to properly operate and control her motor vehicle; b) Failing to keep alert and maintain a prop'lr lookout for the presence of other motor vehicles on the streets and highways; c) Operating her vehicle in careless disregard for the safety of others and the Plaintiff in particular in violation of75 Pa.C.S. 93714; d) Failing to operate her vehicle on the right hand side of the roadway in violation of 75 Pa. C.S. 9330I(a); e) Failing to observe the presence of Plaintiffs vehicle when the Defendant knew or should have known of the presence ofPl,antiffs vehicle; f) Operating her vehicle on the left hand side of the roadway in violation ofPa. C.S. 93306; and g) Violating 75 Pa. C.S. 93309(1). 10. As a result of the negligence of the Defendant, the Plaintiff sustained serious and permanent injuries including but not limited to fracture of the right tibia- fibula, cervical strain/sprain, ambulatory dysfunction, right leg pain, and a severe shock to her nerves and nervous system. 11. As a result of the negligence of the Defendanll, the Plaintiff was forced to incur medical bills and expenses for the injuries she has suffered and she will continue to incur medical expenses in the future. f~O '''IT "^""" ,,",., .0"'0"'"'.0.... 12. As a result ofthe negligence ofthe Defendant, the Plaintiff has undergone, and in the ~AIL1El E. A.N::!;'lI'ffNlliI, n~. c. Yo"". PE"~"nYA""~ "4-D~ future may undergo, great mental and physical pain and suffering, mental anguish and humiliation, loss of life's pleasures, and a severe limitation in her pursuit of daily activities, all to her great loss and detriment. mAl.E E. ANllO'TUNE. n~. 'C. TWO "'OST ~'".<T ",R'" .0",0"''''00'0'' YORK. PENX""LY"~'" ]HO~ WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against the Defendant in an amount in excess ofthe mandatory arbitration limits. RESPECTFULLY SUBMITTED: LAW OFIi'ICES OF DALE E. ANSTINE, P.e. Gregory E. Martin, Esquire Attorney 1.D. #38894 Two West Market Street P.O. Box 952 York, PA 17405 (717) 846 - 0606 VERIFICATION Gregory E. Martin, Esquire, hereby states that he is the attorney for the Plaintiff in this action and verifies that the statements made in the foregoing are true and correct to the best of his knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: September 28, 2004 4\ Gr~~. Martin, Esquire Attorney I.D. No. 38894 Attorney for Plaintiff ~Al!.ollil !!':. .<'l-N:'\I':!l'llY!II], \1'. cC. "'OK, PH~~.n'."'''lA "_,,,~ L \ \- CERTIFICATE OF SERVICE AND NOW, this 28th day of September, 2004, I, Gregory E. Martin, Esquire, a member of the Law Offices of Dale E. Anstine P.C, hereby certify that I have, this date, served a copy of the within and foregoing document by first class United States Mail, postage, pre-paid, addressed to the party or attorney of record as follows: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel 1017 Mumma Road Lemoyne, PA 17043 Respectfully submitted, LAW OFFICES OF DALE E. ANSTINE, P.C. /~ / BY: ~egory E. Martin, Esquire I.D. NO: 38894 Two West Market Street P.O. Box 9!i2 York PA 17405 (717) 846-0606 ,~W OFFICES 0, lA!l.]U ~. ..<'\.';:s"Of.1'l1'l"~illJ, P. ;C'. '''~ W,"T~'"'" ..,,"' .0.' omo( '0> ~.. y,,~". I'c"S"YL,'..~,", "..cn '. {-- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOPE N. BIGLER, Plaintiff, Civil Division No. 2004-2983 v. ANSWER ANID NEW MATTER LORI ANN RANK, Defendant. Filed on behalf of the Defendant E , ;~:i ~;:;:~ Counsel of Record for this Pa~: /' (j)'.: . Kevin D. RauGh, Esquire I.D.#83058 r~ ;,"':".", ;~: ~i;;i TO: Plaintiff :::J Summers, McDonnell, Hudock, -< Guthrie & Skelsl Firm #911 You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from s rvice hereofor a j gment may e en re ainst u. 1017 Mumma Road Lemoyne, PA 17043 (717) 901-591B #13047 ,...." = C':::3 .,L;- ;;;r: C'J .....:: o ~n --I :::i:\i n,p -orn :o,? :~~d .-r II ~,~-," ,>- :.,,"(J ~5n') ,:"-1; 51 -...-..;: U1 -0 ....J,.. (.., c:> N c \- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOPE N. BIGLER, Plaintiff, CIVIL DIVISION v. NO. 2004-2983 LORI ANN RANK, Defendant. (Jury Trial Demanded) ANSWER AND NEW MATTER AND NOW, comes the Defendant, Lori Ann Rank, by and through and her attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. After reasonable investigation, the Defendant 11as insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. Denied as stated. Defendant, Lori Ann Jones' current address is P.O. Box 547, Shippensburg, PA 17257. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part, denied as part. It is admitted that a collision occurred between the two vehicles. The remaining allegations are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. ( t- 7. Paragraph 7 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 8. Paragraph 8 and all its subparts state Ilegal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. '1029(d) and (e). Strict proof thereof is demanded at the time of trial. 9. Paragraph 9 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 10. Paragraph 10 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time oftrial. 11, Paragraph 11 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 12. Paragraph 12 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied ( _ n t-- generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Lori Ann Rank, respeGtfully requests this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 13. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 14. Some and/or all of the Plaintiffs claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility law and/or other collateral sources and same may not be duplicated in the present lawsuit. 15. To the extent that the Plaintiff has selected the limited tort option or is deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiff's ability to recover non-economic damages. 16. The Defendant pleads any and all applicable statutes of limitation under Pennsylvania law as a complete or partial bar to any recovery by Plaintiff in this action. (- ( 17. Defendant lost control of her vehicle prior to impact due to the superseding/intervening cause of a mechanical failure in the vehicle. WHEREFORE, Defendant, Lori Ann Rank, respeGtfully requests this Honorable Court to enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK GUTHRI & SKEEL, L.L.P. vi . Rauch, Esquire Counsel for Defendant By (- I. VERIFICATION Defendant verifies that she is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MA ITER is based upon information which she has furnished to her counsel and information which has been !~athered by her counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NI:W MATTER is based upon information which she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. To the extent that the Gontent of the ANSWER AND NEW MATTER is that of counsel, she has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18Pa.C.S. S4904, relating to unsworn falsification to authorities. Date: /1- /-cJ 'Y #13047 \- ~ -- CERTIFICATE OF SERVICI~ I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this ~ day of ~ ,2004: Greg Martin, Esquire 2 West Market Street POBox 952 York, PA 17405 e in . Rauch Counsel for Defendant ~~. ( Cumberland County, ss: The Commonwealth of Pennsylvania to -Mitsubishi Motors Corporation, 16-4 Konan 2-Chome, Minatu- Ku, Tokyo 108-8410 - RPM Motors, 1464 Lincoln Way East, Chambersburg, P A 17201 -Mitsubishi Motors North America, Inc, Corp Trust Center, 1209 Orange Street, Wilmington, DE 19801 You are notified that Lori Ann Rank has joined you as an additional defendant in this action, which you are required to defend. Date:November 30, 2004 f1JJ! eputy (Seal) ( No. 04-2983 Civil Term Hope N. Bigler vs Lori Ann Rank Defendant Mitsubishi Motors Corporation Mitsubishi Motors North America, Inc. RPM Motors Additional Defendant WRIT TO JOINED AN ADDITIONAL DEFENDANT Kevin D. Ranch Esq. 1017 Mumma Road Lemoyne, P A 17043 (717) 901-5916 Attorney for Defendant CERTIFICATE OF SERVICI; I HEREBY CERTIFY that a true and correct copy of the foregoing COMPLAINT TO JOIN ADDITIONAL DEFENDANTS has been mailed by U.S. Mail to counsel of record via lfy{., first class mail, postage pre-paid, this day of ~ ,2005: Greg Martin, Esquire 2 West Market Street POBox 952 York, PA 17405 Dennis P. Ziemba, Esquire Eckert, Seamans, Cherin & Mellott, LLC 1515 Market Street Ninth Floor Philadelphia, PA 19102 RPM Motors cIa Corporate Trust Center 1209 Orange Street Wilmington, DE 19801 (", ,......) r.....' " -.-! i ~ i c. ( , . SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-02983 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BIGLER HOPE N VS RANK LORI ANN R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named ADD'L DEFENDANT, to wit: RPM MOTORS but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within WRIT TO ADD'L DEFEN. On January 20th , 2005 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge Dep Franklin Co 18.00 9.00 10.00 35.20 .00 72.20 01/20/2005 SUMMERS MCDONNELL So ~: ~>' <,/././ R.'~O~::'-'~ Sheriff of Cumberland County WALSH SKEEL Sworn and subscribed to before me this J.:e3.. day of ~WAj ,,Jov,<, A.D. ~ Q. ~ fJJ~, Prothonotary In The Court of Common Pleas of Cumberland County, Pennsylvania Hope N. Bigler VS Lori Ann Rank VS. RPM Motors No. 04-2983 civil N December 14, 2004 'Qw. . I. SHERIFF OF CUMBERLAND COUNTY. PA, do hereby deputize the Sheriff of Frdnklin County to execute this V\' r1t, this deputation being made at the request and risk ofthe Plaintiff. -,...,...-;..:;;::' ,;:.......%?' ~ ~:z;.M"- -,' ,. / .,..'.' ~ - ....A ~ .' " .~^<~~ "",t .. -.- ...:.~' ; ..,.,..,. ....7 r .. --_"/ ....0."...;,-.' "--' Sheriff of Cumberland County, PA Affidavit of Service Now, D FC-'6'/lfL?';: 2 7 , 200 Lj, at 91/5 o'clock hi, M. served the , within W/?/T 7D VU/~<, /iW,A-r'(~/d-' CO(:/d-TY c~ ~;;;U..//;>2/ T upon ffiw../ pt/ tY.c-7'f' (C.X:C~~K) at IP;::;,q ~fo 77Y?s, /L./G'/ [{{./ c:-; C:W44/:50lf 5?5'c;'.//PG; '/'?-1' /;/~0/ , byhandingto /i6~ ft't/~<':-7f:(fZL1t'C-?" if /' ~// .//6~".s- c:..:c;J,A1 ,r::'c:../-l/-v T a ~/f' 17 7V 70 /~- copy of the original C0~7;O<C..4,/,..e--T and made known to ;?o".t/ #/5 c;:7C the contents thereof. ~p1M ~MOTORS So answers, 1464 Lincoln Way East Ron Huber Chambersburg, P A 1720 I 717-709-0770 EMAJL ronhuber@earthlink.net CELL 717-729-5545 n ' 'I'JI'l'w.rpm-motors.com O~l,..,D.f.Vf' . CO<(1'SWO~ds~cribE. "me me this' aay 0 . " 20 R ~ ^- cS2= ~ County, PA /'1.:201' ~ry Sheriff of /",,.f...;/..-v,'t' ~ /,....- c;:::;.r /f L~ loC..r COSTS SERVICE .~t (?; $ MILEAGE '~.70 AFFIDA VIT +d?I ~Nol""""" Richard D. McCartY. Notary Public Chambl"fSbur8 8oro. Franklin COUtlty My Commi~ E:o;pires J:m. 29.2007 $ ~J () 02225025 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HOPE N. BIGLER PLAINTIFF/S COURT OF COMMON PLEAS VS. LORI ANN RANK VS. MITSUBISHI MOTORS CORPORATION, ET AL NO. 04-2983 DEFENDANT/S CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 AS ~ PREREQUISITE TO SERVICE OF A SUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 40019.22, DEFENDANT 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 THAT WILL BE SERVED IS IDENTICAL TO THE SUBPOENA WHICH IS ATTACHED TO THE NOTICE OF INTENT TO SERVE THE SUBPOENA. DA~E: 3/28/05 ..---~) ~-- ~/ -----... IS P. ZIEMBA, ATTORNEY FOR DEFEND 292093 -00012 760'98 02225025 12/26/05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HOPE N. BIGLER PLAINTIFF/S COURT OF COMMON PLEAS VS. LORI ANN RANK VS. MITSUBISHI MOTORS CORPORATION, ET AL NO. 04-2983 DEFENDANT/S NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO ,; GREGORY E. MARTIN, ESQ. LAW OFFICES OF DALE ANSTINE TWO W. MARKET ST. P.O. BOX 952 YORK PA 17405 ATTORNEY(S) FOR PLAINTIFF KEVIN D. RAUCH, ESQ. SUMMERS, MC DONNELL, HUDOCK, GUTHRIE AND SKEEL 1017 MUMMA RD. LEMOYNE PA 17043 ATTORNEY(S) FOR CO-DEFENDANT DE~ENDANT INTENDS TO SERVE A SUBPOENA IDENTICAL TO THE ONE THAT IS ATTACHED TO THIS NO~ICE TO THE DEPONENT/S LISTED BELOW, REQUESTING RECORDS BE PRODUCED AT RECORD COPY SE~VICES, 1880 JOHN F. KENNEDY BLVD., PHILADELPHIA, PA 19103. YOU HAVE TWENTY (20) DA~S FROM THE DATE LISTED BELOW IN WHICH TO FILE OF RECORD AND SERVE UPON THE UNDERSIGNED ANd RECORD COPY SERVICES (215-241-5858), AN OBJECTION TO THE SUBPOENA. IF NO OBJECTION IS IMADE THE SUB POENA/ S MAY BE SERVED. STATE FARM INSURANCE CO. THE CHAMBERSBURG HOSPITAL CHAMBERS BURG IMAGING ASSOCIATES PRUDENTIAL INSURANCE CO. PLEASANT HALL VOLUNTEER FIRE COMPANY CENTRAL PENN SALES LLC CUMBERLAND VALLEY EMS CO. 53 RESULTS THERAPY & FITNESS CUMBERLAND VALLEY ORTHOPEDIC ASSOC. CAPITAL BLUE CROSS HIGHMARK BLUE SHIELD MID-CUMBERLAND VALLEY REGIONAL POLICE DEPARTMENT DA'I1E: 2/24/05 DENNIS P. ZIEMBA, ESQ. ECKERT, SEAMANS, CHERIN & MELLOTT 1515 MARKET ST. S-9TH FLR. PHILADELPHIA PA 19102 ATTORNEY(S) FOR DEFENDANT RECORO COPY SERVICES 1880 JOHN F. KENNEDY BLVD. PHilADELPHIA, PA 19103 215-241-5858 02225025 ACTION REQUIRED MARCH 28, 2005 DENNIS P. ZIEMBA, ESQ. 5383 ECKERT, SEAMANS, CHERIN & MELLOTT 1515 MARKET ST. S-9TH FLR. PHILADELPHIA, PA 19102 FILE CLAIM COURT 292093-00012 76098 04-2983 R , HOPE N. BIGLER VS. LORI ANN RANK VS. MITSUBISHI MOTORS CORPORATION, ET AL o PQNENT/S: HIGHMARK BLUE SHIELD, CAMP HILL, PA THE CHAMBERS BURG HOSPITAL, CHAMBERS BURG , PA STATE FARM INSURANCE CO., CHAMBERS BURG , PA CAPITAL BLUE CROSS, HARRISBURG, PA PRUDENTIAL INSURANCE CO., HORSHAM, PA CHAMBERS BURG IMAGING ASSOCIATES, CHAMBERS BURG , PA CUMBERLAND VALLEY ORTHOPEDIC ASSOC., CHAMBERSBURG, PA PLEASANT HALL VOLUNTEER FIRE COMPANY, PLEASANT HALL, PA CENTRAL PENN SALES LLC, CHAMBERS BURG , PA CUMBERLAND VALLEY EMS CO. 53, CARLISLE, PA RESULTS THERAPY & FITNESS, CHAMBERS BURG , PA +++ SEE RIDER FOR ADDITIONAL DEPONENTS PL ASE NOTE: PURSUANT TO SUPREME COURT RULE 4009, GOVERNING THE PRODUCTION OF DOCUMENTS AND THINGS, WRITTEN NOTICES OF INTENT WERE SENT. NOW THE ATTACHED CERTIFICATE MUST BE SIGNED BY THE ATTORNEY OF RECORD AND THEN FILED WITH THE COURT CLERK ALONG WITH A COPY OF THE ENCLOSED NOTICE OF INTENT AND THE PROPOSED SUBPOENAS. IF NO OBJECTION TO THE SUBPOENA/S HAS BEEN RECEIVED BY YOUR FIRM, PLEASE SIGN THIS CERTIFICATE AND THEN FILE THE ATTACHED DOCUMENTS WITH THE COURT CLERK. THE FILING OF THIS CERTIFICATE IS REQUIRED BY RULE 4009.22(A). SINCE WE (RCS) HAVE NOT BEEN ADVISED OF ANY OBJECTION, THE SUBPOENA/S ARE BEING ISSUED. THANK YOU JAMES BROWNE CUSTOMER SERVICE DEPT./JW /M40 RCS FILE # 02225025 o ffO:~oD:\ffO ~ NO. 04-2983 RIDER ADDITIONAL DEPONENTS 02225025 HOPE N. BIGLER VS. LORI ANN RANK VS. MITSUBISHI MOTORS CORPORATION, ET AL MID-CUMBERLAND VALLEY REGIONAL POLICE DEPARTMENT, SHIPPENSBURG, PA N 02225025 12/26/05 C(Mo[)NWE2\LTH OF prnNSYLVANIA <XXJNI'Y OF Cl.JIolBElliAND HOPE R. BIGLER Court of Common Pleas 04-2983 VS'. File No. LORI ANN RANK VS. MITSUBISHI MOTORS CORPOR!TION, ET AL SUBPOENA TO PROOtX:E DOCLt1ENTS OR TH I NGS FOR 0 I SCOVERY PURSUANT TO RULE 4009.22 S ATE FARM INSURANCE CO. 1134 KENNEBEC DR. TO: P.O. BOX 6001 CHAMBERSBURG PA 17201 (Name of Person or Entity) w~thin twenty (20) days after service of this subpoena, you are ordered by the court to produ~e the fo 110wing docunents or things: SEE ATTACHED ADDENDUM I at RP COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) i Y~ may deliver or mail legible copies of the documents or produce things requested by this ubpoena. together with the certificate of COT1)liance, to the party making this reques at the address 1 isted above. You have the right to seek in advance the reasonab Ie cost 0 preparing the copies or producing the things sought. Iff you fail to produce the docunents or things required by this subpoen3. within twenty (20) ays after its service, the party serving this subpoena IT'ay seek a court order c:cnl>el ir;g you to carply with it. THIS POENA WAS ISSUED AT THE REQUEST OF THE FOLLCWING PERSON: NAME: ENNIS P. ZIEMBA, ESQ. ADORE I TELEP~E: FOR INFORMATION: (215) 241-5858 SUPR~ <:x:UlT I D *' ATTORN~Y FOR: DEFENDANT , , DATE: '(Y}';:Jf1 {" j :] ~cY>-S ~al of the rt I iSSUED ON: 3/28/05 I , Prothonotary/Cler, vi I Division ./20<1 ,,2.7fPAfJt...r- Deputy ----- (Eff. 1/97) .' ,> NO. 04-2983 ADDENDUM TO SUBPOENA 02225025 12/26/05 HOPE N. BIGLER VS. LORI ANN RANK VS. MITSUBISHI MOTORS CORPORATION, ET AL SEE ATTACHED ADDENDUM PERTAINING TO HOPE N. BIGLER ( DOB 08/24/84, SSN N/Aj. 'rOo STATE FARM AUTOMOBILE INSURANCE COMPANY SCHEDULE A You are to bring with you and produce at the time of the deposition the following: Any and all documents and materials within your possession that in any way relate to an accident which occurred at the intersection of North Earl Street and West Fort Street in Sbippensburg, Petmsylvania, on or about September 16, 2000, involving your insured Christopher Ranck - Policy No. 7308-127-38E. By way of specification, and not limitation, this request includes the following: A ?omplete copy of any claims file including, but no limited to: I. Any and a1\ records, reports, notes, copies of charts, office notes, memoranda, c01[respondence, doctors' notes, prescriptions, records of treatment, records of transportation, records of , eXfnination, bills for services, bills for treatment, x-rays, psychiatric reports, consultation reports, lab re~orts, test results such as CAT Scans, EKG's, EEG's, and/or myleograms, etc., any and all other records co~ceming Hope N. Bigler. i 2. Any and all documents relating to the subjeet occmrenee, including police reports, wi1\ness statements. notes of witness' statements; as well as reports prepared and/or maintained by other I en~ties that are within your possession, custody or control. 3. Any and all photographs in your possession, custody or control in connection with its inv~stigation into the subject incident. 4. Any and all documents in any way relating to the condition of any involved vehicle either betpre or after the occurrence of the subject incident. This includes by way of specification and not r tation any notes, reports or other materials in any describing or depicting the condition of the subject ve cie mcludmg mspections that may have been done by other entities at your direction and/or sug~estiQn. XN 02225025 12(26(05 C(HoONWE'U.TH OF p~VANIA COUNI'Y OF aJMBERLlIND HOPE N. BIGLER Court of Common Pleas 04-2983 VS~ File No. LORI AWN RANK VS. MITSUBISHI MOTORS CORPORi!o.TION, ET AL SUBPOENA TO PRODlX:E DOCU1ENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009. 22 M DICAL RECORDS DEPARTMENT T E CHAMBERSBURG HOSPITAL 112 N. SEVENTH ST. TO: C ERSBURG PA 17201 (Narne of Person or Entity) wt' hin twenty (20) days after service of this subpoena, you are ordered by the court to od th f 11 'docunent th' SEE ATTACHED ADDENDUM pr u e 0 OWIng S or lngs: , at ~ COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. i (Address) i Y~' may deliver or mail legible copies of the docunents or produce things requested by this ubpoena. together with the certificate of ccmpliance, to the party making this reques at the address 1 isted above. You have the right to seek in advance the reasonab 1e cost 0 preparing the copies or producing the things sought. I ft' you fai 1 to produce the docunents or things required by this subpoen3. within twenty (20) ays after its service, the party serving this subpoena rre.y seek a court order crni>el kg you to carply with it. , , TH I S POENA WAS I SSlJED AT THE REQUEST OF THE FOlLCIIV I NG PERSON: NAME:D NNIS P. ZIEMBA, ESQ. ADDRE~: , i TELEP~E: FOR INFORMATION: SU'REt-'Ej COJRT 10 *' A TTORN~ FOR :DEFENDANT (215) 241-5858 BY DATE: h1 ';W r L.. ~ J.- fY'). (' ~al of the rt , I~SUED ON: 3/28/05 i , , , Prothonotary/Clerk ivi 1 Division UfilJ/J,J? _P . 712'~AA' fur-------..- Deputy <..... (Eff. 7/97) NO. 04-2983 ADDENDUM TO SUBPOENA 02225025 l2/26/05 HOPE N. BIGLER VS. LORI ANN RANK VS. MITSUBISHI MOTORS CORPORATION, ET AL SEEIATTACHED ADDENDUM PERTAINING TO HOPE N. BIGLER ( DOB 08/24/84, SSN N/A). TO; CHAMBERSBURG HOSPITAL SCHEDULE A You are to bring with you and produce at the time of the deposition the following: A:ny and all documents and matcria1s within your possession that in any way relate to the tr~atment and eare of Hope N_ Bigler - date of birth; August 24, 1984. By way of specification, and not limitation, this request includes the following: !my and all records, reports, notes, copies of charts, offiee notes, memoranda, cOlTespondence, '4ctors' notes, prescriptions, records of treatment, records of transportation, records of examination, bills I f9r services, bills for treatment, x-rays, psychiatric reports, consultation reportS, lab reports, test results slich as CAT Seans, EKG's, EEG's, andlor myleograms, ete., any and all other records concerning Hope N, Bigler. '. N 02225025 12/26/05 COfoM)NWE/\LTH OF prnNSYLWINIA CXXJNlY OF OJMBERIAND HOPE N. BIGLER Court of Common Pleas 04-2983 V$. File No. LORI tNN RANK VS. MITSUBISHI MOTORS CORPOiATION, ET AL SUBPOENA TO PROOl.CE lXlClJ<ENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 USTODIAN OF THE RECORDS OF HAMBERSBURG IMAGING ASSOCIATES 25 PENNCRAFT AVE. TO: HAMBERSBURG PA 17201 (NIITle of Person or Entity) Wi~hin twenty (20) days after service of this subpoena, you are ordered by the court to produc~ the following documents or things: SEE ATTACHED ADDENDUM , i i i at RE~O~ COpy SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) Ycxl may deliver or mail legible copies of the doct.ments or produce things requested by this ~ubpoena, together with the certificate of carpliance, to the party making this reques at the addr~ss listed above. You have the right to seek in advance the reasonable cost 0 preparing the copies or producing the things sought. If~' you fai I to produce the docunents or things required by this subpoen'i within twenty (20) ays after its service, the party serving this subpoena way seek a court order corPelling you to carply with it. "THIS NA/'E : POENA WAS ISSUED AT THE RECUEST OF lHE FOLLCN/ING PERSON: ENNIS P. ZIEMBA, ESQ. ADDRESS I: TELEP~E: FOR INFORMATION: (215) 241-5858 SU>REI'E I OOJRT I D # ATTORNEY FOR: DEFENDANT , BY COURT: DATE: -12::../J r i ~::J /J/Q,f Seal of the t ISSVED ON: 3/28/05 i Prothonotary/Clerk, 'vi I Division 4.~ /' - P ~..P4.?".F. ;- Deputy '-.... (Eff. 7/97) NO. 04-2983 ADDENDUM TO SUBPOENA 02225025 12/26/05 HOPE N. BIGLER VS. LORI ANN RANK VS. MITSUBISHI MOTORS CORPORATION, ET AL SEE ATTACHED ADDENDUM PERTAINING TO HOPE N. BIGLER ( DOB 08/24/84, SSN N/A). '1'0; QlAMBERSBURG IMAGING AsSOCIATES SCHEDULE A You are to bring with you and produce at the time of the deposition the following: Any and all documents and materials within your possession that in any way relate to the treatment and care of Hope N. Bigler - date of birth: August 24, 1984. By way of specification, and not limitation, this request includes the following: Any and all records, reports, notes, copies of charts, office notes, memoranda, correspondence, dQcwys' notes, prescriptions, records of treatment, records of transportation, records of examination, bills fot services, bills for treatment, x-rays, psychiatric reports, consultation reports, lab reports, test results sUfh as CAT Scans, EKG's, EEG's, and/or myleograms, etc., any and all other records concerning Hope N.IBigler. . N 02225025 12/26/05 CCMoI)NWEN.TH OF pENNSYLVANIA COUNl'Y OF aJMBERIAND HOPE N. BIGLER Court of Common Pleas 04-2983 V8. File No. LORI ~ RANK VS. MITSUBISHI MOTORS CORPORATION, ET AL SUBPOENA TO PROOUCE ooa.tENTS OR "TH I NGS FOR DISCOVERY PURSUANT TO RUlE 4009.22 TO: BRUDENTIAL INSURANCE CO. 400 LAKESIDE DR. B.O. BOX 977 HORSHAM PA 19044 I (NMle of Person or Ent i ty) Wij:;hin twenty (20) days after service of this subpoena, you are ordered by the court to produc~ the following docunents or things: SEE ATTACHED ADDENDUM at ~RD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) YOl! may deliver or mail legible copies of the docunents or produce things requested by this ~ubpoena. together with the certificate of carpli ance , to the party making this requestl at the address listed above. You have the right to seek in advance the reasonab le cost o~ preparing the copies or producing the things sought. If; you fail to ;:>roduce the doctrnents or things required by this subpoen3. within twent.y (20) clays after its service, the party serving this subpoena IT'ay seek a court order cx:xrt>elllir:g you to carply with it. TliIS SlJ\lPOENA WAS ISSUED AT "THE REQUEST OF TliE FOLLOo'/lNG PERSON: NAME:~ENNIS P. ZIEMBA, ESQ. AOORESS~ TELEP~E: FOR INFORMATION: (215) 241-5858 SUPREt'E \ <X:rnT 10 1* ATTORNEt FOR: DEFENDANT DATE:-fYl':1./J r L. ,-:{ d.O&\' ISea I of the CoUrt ISS~ED ON: 3/28/05 - Prothonotary/Clerk, Division "-- U~L-P..~a/2.4'Y-L~ Deputy BY THE COURT: (Eff. 7/97) NO. 04-2983 ADDENDUM TO SUBPOENA 02225025 12/26/05 HOPE N. BIGLER VS. LORI ANN RANK VS. MITSUBISHI MOTORS CORPORATION, ET AL SEE ATTACHED ADDENDUM PERTAINING TO HOPE N. BIGLER ( DOB 08/24/84, SSN N/A). To: PRUDENTlAL INsURANCE COMPANY ScHEDULE A You are to bring with you and produce at the time of the deposition the following: Any and all documents and materials within your possession that in any way relate to an accident wlUch oce\.IITed at the intersection of North Earl Street and West Fort Street in Shippensburg, Pejtnsylvania, on or about September 16, 2000, involving your insured Hope N- Bigler - Policy No. 28M93 1028. By way of specification, and not limitation, this request includes the following: A complete copy of any claims file including, but no limited to: I. Any and all records, reports, notes, copies of charts. office notes, memoranda, cOlTCspondence, doctors' notes, prescriptions, records of treatment, records of transportation, records of e:qun.ination, bills for services, bills for treatment, x-rays, psychiatric reports, consultation reports, lab reports, test results such as CAT Scans, EKG's, EEG's, and/or myleograms, etc., any and all other records co!>ceming Hope N. Bigler. 2. Any and all documents relating to the subject OCCUlTCIlce, including police reports, witness statements, notes of witness' statements; as well as reports prepared and/or maintained by other entities that are within your possession, custody or control. 3. Any and all photographs in your possession, custody or control in connection with its intestigation into the subject incident. 4. Any and all documents in any way relating to the condition of any involved vehicle either before or after the occurrence of the subject incident. lbis includes by way of specification and not li,*tation any notes, reports or other materials in any describing or depicting the condition of the subject vellicle including inspections that may have been done by other entities at your direction and/or . sutgestion. N 02225025 12/26/05 COfoM)NWEI\LTH OF pENNSYLVANIA CXXJNl'Y OF ClJMBElliAND HOPE N. BIGLER Co~rt of Common Pleas 04-2983 vs~. Fi Ie No. LORI ANN RANK VS. MITSUBISHI MOTORS CORPO~TION, ET AL SUBPOENA TO PRODlX:E DOCl.J"ENTS OR lli I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 ~ EASANT HALL VOLUNTEER FIRE COMPANY P.O. BOX 115 TO: EASANT HALL PA 17246 (Nane of Person or Ent i ty) ! , Wi~hin twenty (20) days after service of this subpoena, you are ordered by the court to L SEE ATTACHED ADDENDUM ProducF the following documents or things: at BE ORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) Y~ may de I iver or mail legible copies of the documents or produce things requested by this $ubpoena. together with the certificate of carpliance, to the party making this request at the address 1 isted above. You have the right to seek in advance the reasonab Ie cost of preparing the copies or producing the things sought. I ft' you fai I to ;>roduce the docunents or things required by this subpoen3. within twenty (20) ys after its service, the party serving this subpoena rray seek a court order =rile I ing you to carply with it. , I NA WAS ISSUED AT 1l-lE REQUEST OF 1l-lE FOLLONING PERSON: ENNIS P. ZIEMBA, ESQ. llilS NAI'E : ADORE TELEP~E: FOR INFORMATION: (215) 241-5858 SU>R~ aurr 10 # A TTORNEr FOR: DEFENDANT DATE: Prothonotary/Clerk, Ci lV1Slon ~~(? _y ~J?-u-r( /'---- Deputy Seal of the t IS UED ON: 3/28/05 " (Eff. 7/97) NO. 04-2983 ADDENDUM TO SUBPOENA 02225025 12/26/05 HOPE N. BIGLER VS. LORI ANN RANK VS. MITSUBISHI MOTORS CORPORATION, ET AL SEE ATTACHED ADDENDUM PERTAINING TO HOPE N. BIGLER ( DOB 08/24/84, SSN N/A). . TO: PLEASANT HALL VOLUNTEER FIRE DEP AR.TMENT SCHJ:DULE A You are to bring with you and produce at the time of the deposition the following: Any and all documents and materials within the possession or control which relate to a motor v~hicle accident which occurred on or about September 16, 2000 at the intersection of North Earl Street at{d West Fort Street in Shippensburg. Pennsylvania, involving a 1996 Mitsubishi Eclipse operated by L~ri Ann Ranck and a 1989 Ford Mustang operated by Hope N. Bigler. By way of specification, and not limitation, please produce the following documents and rnt.terials: 1. Any and all documents within the possession of the Pleasant Hill Volunteer Fire Djepartment relating to the subject occurrence, including police repottS, witness statements, notes of witness' statements; as well as reports prepared and/or maintained by other entities that are within your or thb Pleasant Hill Volunteer Fire Department's possession, custody or control. 2. Any and all documents within the possession of the Pleasant Bin Volunteer Fire Dwartment in any way relating to the eondition of the involved vehicles either before or after the ocfcurrence of the subject incident. This includes by way of specification and not limitation any notes, 'rePorts or other materials in any way describing or depicting the condition of the subject vehicle including ~ections that may have been done by other entities at the direction and/or suggestion of the Pleasant HIll V oJunteer Fire Department, or any other individual or entity. 3. The dispatch records from the Pleasant Hill Volunteer Fire Department identifYing when , at\d by whom the Pleasant Hill Volunteer Fire Department were notified of the occurrence of the subject I in~ident and when individuals and entities responded to the scene of the incident. N 02225025 12/26/05 (DM)NWE1ILTH OF PENNSYLVANIA 0JUm'Y OF aJMBERI.l\ND HOPE N. BIGLER Court of Common Pleas 04-2983 V8.: Fi Ie No. LORI ANN RANK VS. MITSUBISHI MOTORS CORPO~TION, ET AL SUBPOENA TO PR<lOl.K::E DOCl.t'ENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 C NTRAL PENN SALES LLC 2962 LINCOLN WAY WEST TO: P.O. BOX 509 CHAMBERSBURG PA 17201 (N!I1le of Person or Ent i ty) WiJhin twenty (20) days after service of this subpoena, you are ordered by the court to odu th f 11 . docunent th . SEE ATTACHED ADDENDUM pr c, e 0 OWIng s or mgs: i at RECqRP COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) y~ may deliver or mail legible copies of the docunents or produce things requested by this s bpoena, together with the certificate of compliance, to the party making this reques at the address listed above. You have the right to seek in advance the reasonab Ie cost of preparing the copies or producing the things sought. I, If ir,YOU fail to ;:>roduce the doctrnents or things required by this subpoen3. within twent.y (20) d ys after its service, the party serving this subpoena rrey seek a court order carPellir:g you to carply with it. TH I S POENA WAS I SSUED AT THE REaJEST OF 11-tE FOLLo.>/ I NG PERSON: NAME: D NNIS P. ZIEMBA, ESQ. AOORESSf , i TELEP~E: FOR INFORMATION: SlPREI'E \ COJRT I D #' A TIORNE'\- FOR: DEFENDANT ! (215) 241-5858 Prothonotary/Clerk:, Ci' ivision 00/hC _P7p-.f/7A'7t-r--- Deputy DATE:_~~fi (" 1-.. c1 ;)/'j<.!, <;'" Seal of the rt , ISS~ED ON: 3/28/05 "-- (Eft. 7/97) NO. 04-2983 ADDENDUM TO SUBPOENA 02225025 12/26/05 HOPj<: N. BIGLER VS. LORI ANN RANK VS. MITSUBISHI MOTORS CORPORATION, ET AL SEE ATTACHED ADDENDUM PERTAINING TO HOPE N. BIGLER ( DOB 08/24/84, SSN N/A). .. To: CENTRAL PENN SALES SCHEDULE A You are to bring with you and produce at the time of the deposition the following: Any and all documents or materials within your possession, including but not limited to ~otographs. appraisals, sales records, notes, or other documents maintained by you or any other entities \fat in any way relate to the subject vehicle descnbed as a 1996 Mitsubishi Eclipse, bearing VIN WAL54FOTE298786. <XJ!oM)NWEALTH OF PENNSYLVANIA COUN1'Y OF CUMBERLAND HOPE N. BIGLER Court of Common Pleas 04-2983 vs. File No. LORI ANN RANK VS. MITSUBISHI MOTORS CORPO~TION, ET AL SUBPOENA TO PROCIlk::E DOCU1ENTS OR 'TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: ~ERLAND VALLEY C RLISLE PA 17013 EMS CO. 53 P.O. BOX 100 (N<rne of Person or Ent i ty) N 02225025 12/26/05 Within twenty (20) days after service of this subpoena, you are ordered by the court to SEE ATTACHED ADDENDUM produc~ the fo 11 owi ng docunents or th i ngs : at ~RD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) Y~ may deliver or mail legible copies of the docunents or produce things requested by this ~bpoena, together with the certificate of COTpliance, to the party making this requestA at the address listed above. You have the right to seek in advance the reasonab Ie cost of! preparing the copies or producing the things sought. If i you fai 1 to produce the docunents or things required by this subpoen'l within twent.y (20) d~ys after its service, the party serving this subpoena IT'ay seek a court order carPelllir;g you to COTply with it. TH I S SU\lPOENA WAS I SSUEO AT 'THE REQUEST OF THE FOLLo.v I NG PERSON: NAME: ~ENNIS P. ZIEMBA, ESQ. , ADDRESS f Prothonotary/Clerk, C' lV1S10fl ~rJ-ro _Po 7?:!---?--?d'8cr--- Deputy TELEP~E: FOR INFORMATION: (215) 241-5858 SUPREI-E I CCURT I D # I A TTORNE'f FOR: DEFENDANT i(Yl ~ /) r./..... ,? ~ /Y-.iS' !Sea 1 of the eouh ISSVED ON: 3/28/05 DATE: "- (Eff. 7/97) NO. 04-2983 ADDENDUM TO SUBPOENA 02225025 12/26/05 HOPE N. BIGLER VS. LORI ANN RANK VS. MITSUBISHI MOTORS CORPORATION, ET AL SEE ATTACHED ADDENDUM PERTAINING TO HOPE N. BIGLER ( DOB 08/24/84, SSN N/A). TO: CUMBERLAND V j1lll'Y EMS Co. S3 SCHEDULE A You are to bring with you and produce at the time of the deposition the following: Any and all documents and materials within the possession or control which relate to a motor .. vfhicle accident which occurred on or about September 16, 2000 at the intersection of North Earl Street ,,*d West Fort Street in Shippensburg, Pennsylvania. involving a 1996 Mitsubishi Eclipse operated by LPri Ann Ranck and a 1989 Ford Mustang operated by Hope N. Bigler - date of birth: August 24, 1984. By way of specification, and not limitation, this request includes the following: Any and all records, reports, notes, copies of charts. office DOles, memoranda, correspondence, dOctors' notes, prescriptions, records of treattnent, records of transportation, records of examination, bills flilr services, bills for treatment, x-rays, psyc:biatric reports, consultation reports, lab reports, test results S\1ch as CAT Scans, EKG's, EEG's, and/or myleograms, etc., lIII)' and all other records concerning Hope i N. Bigler. N 02225025 12/26/05 ~TH OF PEl'lNSYLVANIA COUNl'Y OF aJMBERIAND HOPE N. BIGLER Court of Common Pleas 04-2983 vs. File No. LORI ANN RANK VS. MITSUBISHI MOTORS CORPORATION, ET AL SUBPOENA TO PR<lOl.X:E DOCLt1ENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 USTODIAN OF THE RECORDS OF ESULTS THERAPY & FITNESS 1600 ORCHARD DR. TO: HAMBERSBURG PA 17201 (Nane of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produc~ the following docunents or things: SEE ATTACHED ADDENDUM at ~RD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) YDll may deliver or mail legible copies of the docunents or produce things requested by this ~ubpoena, together with the certificate of carpliance, to the party making this reques~ at the addrE':ss I isted above. You have the right to seek in advancs the reasonab Ie cost ofi preparing the copies or producing the things sought. I If! you fail to "roduce the docunents or things required by this subpoen3. within twent.y (20) d~ys after its service, the party serving this subpoena rmy seek a court order carpell!kg you to carply with it. 1H I S ~POENA WAS I SSUEO AT THE REQJEST OF THE FOLLCW I NG PERSON: NAME:~ENNIS P. ZIEMBA, ESQ. AOORESS~ TELEP~E: FOR INFORMATION: (215) 241-5858 SUPREt'E I, COJRT I D # , , A TTORNEV FOR: DEFENDANT DATE:_(!l':::1/7 r L c1r;) t':N.~ ISea 1 of the t ISSOED ON: 3/28/05 Prothonotary/Clerk, C' Division 44~C .P 7p~MY' r---- Deputy '- (Eff. 7/97) NO. 04-2983 ADDENDUM TO SUBPOENA 02225025 12/26/05 HOPE N. BIGLER VS. LORI ANN RANK VS. MITSUBISHI MOTORS CORPORATION, ET AL SEE ATTACHED ADDENDUM PERTAINING TO HOPE N. BIGLER ( DOB 08/24/84, SSN N!A). 110: RESULTS THERAPY & FImESS SCHEDULE A . You are to bring with you and produce at the time of the deposition the following: i Any and all documents and materials within your possession that in any way relate to the ~eatment and care of Hope N. Bigler- date of birth: August 24, 1984. I By way of specification, and not limitatioll, this request includes the following: . Any and all records, reports, no~es, copies of charts, office notes, memoranda, correspondence, ,ctors' notes, prescriptions, records of treatment, records of transportation, records of examination, bills f,r services, bills for treatment, x-rays, psychiatric reports, consultation reports, lab reports, test results s*ch as CAT Scans, EKG's, EEG's. andlor myleograms, etc., any and all other records concerning Hope N. Bigler. , , i . \ '. N 02225025 12/26/05 a:J!oMlNWE1\LTH OF PmNSYLV1\NIA coutn'Y OF 0JMBElliAND HOPE ~. BIGLER i ! v~. LORI lNN RANK VS. MITSUBISHI MOTORS CORPOlATION, ET AL I I Court of Common Pleas 04-2983 File No. SUBPOENA TO PR<XllK:E lXlCl.tENTS OR TH I NGS FOR D I S<X>VERY PURSUANT TO RULE 4009.22 USTODIAN OF THE RECORDS OF 101 UMBERLAND VALLEY ORTHOPEDIC ASSOC. 120 N. 7TH ST. S- TO: HAMBERSBURG PA 17201 (Name of Person or Entity) Wi hin twenty (20) days after service of this subpoena, you are ordered by the court to SEE ATTACHED ADDENDUM produc the following documents or things: at RE QRD COpy SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, P . (Address) You may deliver or mail legible copies of the documents or produce things requested by this s bpoena, together with the certificate of carpliance, to the party making this request at the address I isted above. You have the right to seek in advance the reasonab Ie cost of preparing the copies or producing the things sought. I f you fai I to produce the doctrnents or things required by this subpoen'l within twenty (20) d ys after its service, the party serving this subpoena Il'aY seek a court order <:arPell'r:g you to carply with it. Tl-IIS NA/"E : ADDRESS POENA WAS ISSUED AT THE REQUEST OF THE FOLLClNING PERSON: ENNIS P. ZIEMBA, ESQ. TELEP E: SU'REI'E ~T ATTORNE FOR: FOR INFORMATION: (215) 241 5858 ID # DEFENDANT eal of the t IS UED ON: 3/28/05 Prothonotary/Clerk, Division ~rJ-...P P .7f/"J2/J-(y,"-r- Deputy DATE: '-- (Eff. 7/97) NO. 04-2983 ADDENDUM TO SUBPOENA 02225025 12/26/05 HOPE N. BIGLER VS. LORI ANN RANK VS. MITSUBISHI MOTORS CORPORATION, ET AL SEE ATTACHED ADDENDUM PERTAINING TO HOPE N. BIGLER ( DOB 08/24/84, SSN N/A). To: CUMBI!RLANP VALLEY OR1'HOPEDIC ASSOCIATES. INc. SCHEDULE A You are to bring with you and produce at the time of the deposition the following: Any and all documents and materials within your possession that in any way relate to thE: tr~atment and care of Hope N. Bigler - date of birth: August 24, 1984. By way of specification. and not limitation. this request includes the following: Any and all records, reports, notes, copies of charts, office notes, memoranda, correspondence, dpctors' notes, prescriptions, records of treatment, records of transportation, records of examination, bills f<lt" services, bills for treatment, x-nys, psychiatric reports, consultation reports, lab reports, test results s~ch as CAT Scans, EKG's, EEG's, and/or myleograms, etc., any and all other records concerning Hope N. Bigler. N 02225025 12/26/05 <XJ!oMlNWEI\LTH OF PENNSYLVANIA COUNl'Y OF QJMBERIAND HOPE N. BIGLER Co~rt of Common Pleas 04-2983 vs. Fi Ie No. LORI ~N RANK VS. MITSUBISHI MOTORS CORPORATION, ET AL SUBPOENA TO PROl:lIX:E DOC.l..t'ENTS OR Tl-l1 NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: f~PITAL BLUE CROSS 1023 STATE RD. ~RRISBURG PA 17177-5524 (N<rne of Person or Entity) Wi~hin twenty (20) days after service of this subpoena, you are ordered by the court to rod j th f 11 'doct.ment th ' SEE ATTACHED ADDENDUM pUCE! e 0 OWlng S or mgs: at RECpRD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., 5-300, PHILADELPHIA, PA. (Address) Youl may deliver or mail legible copies of the docunents or produce things requested by this sUbpoena, together with the certificate of carpliance, to the party making this requestl at the address listed above. You have the right to seek in advance the reasonab Ie cost ofl preparing the copies or producing the things sought. If I you fail to produce the docunents or things required by this subpoena within twent.y (20) d~Ys after its service, the party serving this subpoena rray seek a court order cx:ni>ell~r:g you to carply with it. I Tl-ltS su\lPOENA WAS ISSUED AT Tl-lE REQUEST OF 'THE FCA...LOo'/lNG PERSON: NAME: D~NNIS P. ZIEMBA, ESQ. ADDRESSf I TELEPH:lII/E: FOR INFORMATION: StPRB"E I CCUlT I D It ATTORNd FOR: DEFENDANT (215) 241-5858 BY . 'I Division DATE: :fY)';:J/Jr.L. ~3 :J.{}O, \Sea 1 of the Court i ISSUED ON: 3/28/05 (Eff. 1/97) NO. 04-2983 ADDENDUM TO SUBPOENA 02225025 12/26/05 HOPE N. BIGLER VS. LORI ANN RANK VS. MITSUBISHI MOTORS CORPORATION, ET AL SEE ATTACHED ADDENDUM PERTAINING TO HOPE N. BIGLER ( DOB 08/24/84, SSN N/A). TO: CAPITAL BLUE CROSS I PENNSYL V ANlA BLUE SHiELD ScHEDULE A You are to bring with you lIl1d produce at the time of the deposition the following: Any and all documents and materials within your possession that in any way relate to an accident wjllch occurred at the intersection of North Earl Street and West Fort Street in Sbippensburg, Nnnsylvania., on or about September 16, 2000, involving your insured Hope N. Bigler - Policy No. 2~2A931 028. By way of specification, and not limitation, this request includes the following: ^,complete copy of any claims file including, but no limited to: 1. Any and all records, reports, notes, copies of charts, office notes, memoranda, :. cdrrespondence, doctors' notes, prescriptions, records of treatment, records of transportation, records of e$mination, bills for services, bills for treatment, x-rays, psychiatric reports, consultation reports, lab reports, test results BllCh as CAT Scans, EKG's, EEG's. and/or myleograms, etc., any and all other records coPcerning Hope N. Bigler. 2. Any and all documents relating to the subject occurrence, including police reports, wiitness statements, notes of witness' statements; as well as reports prepared and/or maintained by other cn~ities that are within your possession, custody or control. 3. Any and all photographs in your possession, custody or control in connection with its investigation into the subject incident. , 4. Any and all docwnents in any way relating to the condition of any involved vehicle either before or after the occurrence of the subject incident. Ibis includes by way of specification and not lmptation any notes, reports or other materials in any describing or depicting the condition of the subject veJiticle including inspections that may have been done by other entities at your direction and/or su$gestion. N 02225025 12/26/05 C(HoI)NWE1\LTH OF pffiNSYLVANIA 0JUNl'Y OF aJMBERLAND HOPE N. BIGLER Court of Common Pleas 04-2983 vs. File No. LORI ANN RANK VS. MITSUBISHI MOTORS CORPORATION, ET AL SUBPOENA TO PROOl.k::E DClCLt'ENTS OR lrll NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Wi~hin twenty (20) days after service of this subpoena, you are ordered by the court to . SEE ATTACHED ADDENDUM produc~ the following documents or things: at RE4Q~ COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) YO<il may deliver or mail legible copies of the documents or produce things requested by this $ubpoena, 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 o~ preparing the copies or producing the things sought. If' you fai 1 to produce the docunents or things required by this subpoen'3. within twenty (20) ~ays after its service, the party serving this subpoena IT'ay seek a court order carPeljir:g you to comply with it. TH I S St.jePOENA WAS I SSUED AT Tl-IE REQUEST OF THE FOLLOIII NO PERSON: NAME: ~ENNIS P. ZIEMBA, ESQ. ADDRE~: TELEPHDNE: FOR INFORMATION: (215) 241-5858 StJ>RB-E! COJrr 10 # A TTORNE~ FOR: DEFENDANT BY T: DATE:_j~ d ~ ;) t::Y,) (" .Seal of the rt IS~UED ON: 3/28/05 Prothonotary/Clerk, Division 4#o~e. f? 7?;r~~F~) Deputy '-- (Eff. 7/97) NO. 04-2983 ADDENDUM TO SUBPOENA 02225025 12/26/05 HOPE N. BIGLER VS. LORI ANN RANK VS. MITSUBISHI MOTORS CORPORATION, ET AL SEE ATTACHED ADDENDUM PERTAINING TO HOPE N. BIGLER ( DOB 08/24/84, SSN N/A). TO: CAPITAL BLUE CRoss I PENNSYL V ANlA BLUE SHI.ELD ~nVU:A You are to bring with you and produce at the time of the deposition the following: Any and all documents and materials within your possession that in any way relate to an accident whiCh occurred at the intersection of North Earl Street and West Fort Street in Shippensburg, PcfnnsYlvania, on or about September 16, 2000, involving your insured Hope N. Bigler - Policy No. 2~2A931 02g. By way of specification, and not limitation, this request includes the following: A icomplete copy of any claims file including, but no limited to: 1. Any and all records,reports, notes, copies of charts, office notes, memoranda, c,*,espondence, doctors' notes, prescriptions, records of treatment, records of tnmsportation, records of '. exfUIrlnation, bills for services, bills for treatment, x-rays, psychiatric reports, consultation reports, lab re~, test results such as CAT Scans, EKG's, BEG's, and/or myleograms, etc., any and all other records co~cerning Hope N. Bigler. 2. Any and all docwnents relating to the subject occurrence, including police reports, wijness statements, notes of witness' statements; as well as reports prepared and/or maintained by other enjities that arc within your possession, custody or control. 3. Any and all photographs in your possession, custody or control in connection with its intstigation into the subject incident. 4. AIry and all documents in any way relating to the condition of any involved vehicle either befl:>re or after the oCCUlfCllce of the subject incident. This includes by way of specification and not ~tstion any notes, reports or other materials in any describing or depicting the condition of the subject veJ:jicle inclUding inspections that may have ,,"n done by other entities at your direction and/or su~estion. '. N 02225025 12/26/05 CCHONWEI\LTH OF PENNSYLVANIA COUNl'Y OF aJMBEmAND HOPE N. BIGLER Court of Common Pleas 04'-2983 vs. Fi Ie No. LORI AmN RANK VS. MITSUBISHI MOTORS CORPORATION, ET AL SUBPOENA TO PRODU::E DOCl..tENTS OR TH I NGS FOR 0 I SCX>VERY PURSUANT TO RULE 4009.22 MID-CUMBERLAND VALLEY REGIONAL POLICE DEPARTMENT TO: 8~ WALNUT BOTTOM RD. SHIPPENSBURG PA 17257 (N5TlE! of Person or Ent ity) within twenty (20) days after service of this subpoena, you are ordered by the court to SEE ATTACHED ADDENDUM produce the following docunents or things: at RECORD COpy SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the docunents or produce things requested by this sl\lbpoena, together with the certificate of carpliance, to the party making this request at the address I isted above. You have the right to seek in advance the reasonab le cost of preparing the copies or producing the things sought. I f ,you fai I to produce the docunents or things required by this subpoen~ within twenty (20) days after its service, the party serving this subpoena rray seek a court order carPel l1r;g you to carply with it. THIS suBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLONING PERSON: NAME: DENNIS P. ZIEMBA, ESQ. ADDRESS: TELEPHON~: FOR INFORMATION: (215) 241-5858 SU'>RE/"E ~T I D # ATTORNEY i FOR: DEFENDANT BY DATE: m':::Jfl rJ... . ~ ~/)Qt;" ~I of the rt ISSUED ON: 3/28/05 Prothonotary/Clerk, Ci . Division ,_/:Z?n~~. ~-e./W.16-/ Deputy (Eff. 7/97) NO. 04-2983 ADDENDUM TO SUBPOENA 02225025 12/26/05 HOPE N. BIGLER VS. LORI ANN RANK VS. MITSUBISHI MOTORS CORPORATION, ET AL SEE ATTACHED ADDENDUM PERTAINING TO HOPE N. BIGLER ( DOB 08/24/84, SSN N/A). To: MID-CUMBERLAND V ALLEY REGIONAL POLICE DEPARThfENT SCHlmULE A You are to bring with you and produce at the time of the deposition the following: Any and all documents and materials within the possession or control which relate to a motor vepicle accident which occurred on or about September 16, 2000 at the intersection of North Earl Street an,d West Fort Stn:et in Shippensburg, Pennsylvan.ia, involving a 1996 Mitsubishi Eclipse operated by L.e.ri..~_~:.~~~:. !~&9=a:.e.~.~~gg~~d b)' Hop;:o}T RigJ.-r IndrlPntN'n. 4..00.0151 By way of specification, and not limitation, please produce the following doclltllents and materials: 1. Any and all documents within the possession of the Mid-Cumbetland Valley Regional Police Department relating to the subject occurrence, including police reports, witness statements, notes oflwitness' statements; as well as reports prepared and/or maintained by other entities that are within your orithe Mid-Cumberland Valley RegionalPolice Department's possession, custody or control. 2. Any and all photographs taken by the Mid-Cumberland Valley Regional Police Thlpartment in connection with its investigation into the subject incident. 3. Any md aU documents within the possession of the Mid-Cumberland Valley Regional Pq1ice Department in any way relating to the condition of the involved vehicles either before or after the oc!:Ufrence of the subject incident. This includes by way of specification and not limitation any notes, . re]jlorts or other materials in any describing or depicting the condition of the subject vehicle including inwections that may have been done by other entities at the direction and/or suggestion of the Mid- Cumberland Valley Regional Police Depamnenr, including the Pennsylvania State Police or any other individual or entity. 4. The dispatch records fi;'om the Mid-Cumberland Valley Regional Police Dep8tlment identifying when and by whom the Mid-Cumberland Valley Regional Police Department were notified of the QCCUlTence of the subject incident and when individuals and entitie5 n:sponded to thc scene of the indident. --_.-.__.--,~._-- ECKERT SEAMANS CHERIN & MELLOTT, LLC BY: EDWARD A. GRAY, ESQUIRE DENNIS P. ZIEMBA, ESQUIRE E-Mail: egray@eckertseamans.com dziemba@eckertseamans.com Attorney LD. Nos.: 28246/76098 1515 Market Street, Ninth Floor Philadelphia, PA 19102-1909 (215) 851-8400 Attorneys for Defendant, Mitsubishi Motors North America, Inc. HOPE N. BIGLER, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY v. Civil Actiion LORI ANN RANK, Defendant/Third-Party Plaintiff No. 04-2983 v. MITSUBISHI MOTORS CORPORATION, MITSUBISHI MOTORS NORTH AMERICA, INC. and RPM MOTORS, Additional Defendants STIPULATION TO DISMISS AND NOW, this d:d-~~ day of ~ _, 2005, it is Stipulated between counsel for Defendant, Lori Ann Rank, and ditiona1 Defendant, Mitsubishi Motors North America, Inc., that defendant's allegations of sole liability to plaintiff contained in her Complaint are DISMISSED WITHOUT PREJUDICE. ECKERT SEAMANS CR' '~~ WARD A. GRAY, ES IRE DENNIS P. ZIEMBA, ESQUIRE Attorney for Additional Defendant, Mitsubishi Motors North America, Inc. ~ CH, ESQUIRE Attorney for Defendant, Lori Ann Rank r-> C) <= {;;::> .." c.n c_ --l C::". :t:" r".- -nr'il ,,) :TIC? w ~~~. -0 C -- <.." ..) .~''::: 0 -b '" :-< To ALL P ARTlES: BY, ECKERT SEAMANS CHERIN & MELLOTT, LLC BY: EDWARD A. GRAY, ESQUIRE DENNIS P. ZIEMBA, ESQUIRE E-Mail: egray@eckertseamans.com dziemba@eckertseamans.com Attorney I.D. Nos.: 28246/76098 1515 Market Street, Ninth Floor Philadelphia, PA 19102-1909 (215) 851-8400 Attorneys for Additional Defendant, Mitsubishi Motors North America, Inc. Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY HOPE N. BIGLER, v. Civil Action LORI ANN RANK, DefendantIThird-Party Plaintiff No. 04-2983 v. MITSUBISHI MOTORS CORPORATION, MITSUBISHI MOTORS NORTH AMERICA, INC. and RPM MOTORS, Additional Defendants ANSWER WITH NEW MATTER OF ADDITIONAL DEFENDANT, MITSUBISHI MOTORS NORTH AMERICA, INC., TO DEFENDANTITHIRD-PARTY PLAlNTlFJI'S COMPLAINT - 1 - Additional Defendant, Mitsubishi Motors North America, Inc., through its counsel, Eckert Seamans Cherin & Mellott, LLC, responds to defendant/third-party plaintiff's Complaint as follows: 1. Denied. After reasonable investigation, answering additional defendant is without knowledge or information sufficient to form a belief as to the tTIlth or falsity of the averments in this paragraph and, therefore, the averments are denied. 2. Denied. After reasonable investigation, answering additional defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, the averments are denied. 3. Denied as stated. Answering additional defendant admits that Mitsubishi Motors Corporation is a Japanese corporation. 4. Denied as stated. Mitsubishi Motors North America, Inc. ("MMNA") is a California corporation with a principal place of business located in Cypress, California. 5. Denied. After reasonable investigation, answering additional defendant IS without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, the averments are dlenied. 6. Denied. After reasonable investigation, answering additional defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, the averments are denied. 7. Denied. After reasonable investigation, answering additional defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, the averments are denied. -2- 8. Denied. After reasonable investigation, answering additional defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, the averments are denied. 9. Denied as a conclusion of law to which no affinnative response is required. To the extent that a further response is required, after reasonable investigation, answering additional defendant is without knowledge or information sufficient to foml a belief as to the truth or falsity of the averments in this paragraph and, therefore, the averments are denied. 10. Denied as stated. Answering additional defendant admits only that plaintiff filed a Complaint against defendant. Answering additional defendant admits that a copy of what appears to be a Complaint is attached to defendant/third-party plaintiff's Complaint as Exhibit "A." No admissions are intended or made regarding Exhibit "A." 11. Denied as stated. Answering additional defendant admits only that defendant filed an Answer to plaintiffs Complaint. Answering additional defendant admits that a copy of what appears to be an answer to a Complaint is attached to defendant/third-party plaintiffs Complaint as Exhibit "B." No admissions are intended or mad'e regarding Exhibit "B." 12. Denied as stated. Answering additional, defendant admits only that defendant/third-party plaintiff filed a Writ to Join Additional Defendants. Answering additional defendant admits that a copy of what appears to be an answer to a Writ is attached to defendant/third-party plaintiff's Complaint as Exhibit "C." No admissions are intended or made regarding Exhibit "C." - 3 - COUNT I NEGLIGENCE 13. Answering additional defendant incorporates by reference its response to the allegations of defendant/third-party plaintiffs Complaint, as though said answers were fully set forth herein. 14. Denied as a conclusion of law to which no affinnative response is required. To the extent that a further response is required, after reasonable investigation, answering additional defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, the averments are denied. 15. Denied as a conclusion of law to which no affirmative response is required. By way of further response, defendant/third-party plaintiffs allegations of sole liability against answering additional defendant were dismissed without prejudiee by Stipulation. WHEREFORE, Additional Defendant, Mitsubishi Motors North America, Inc., demands judgment against defendant/third-party plaintiff, together with c:osts. COUNT II STRICT LIABILITY 16. Answering additional defendant incorporates by reference its response to the allegations of defendant/third-party plaintiff's Complaint, as though said answers were fully set forth herein. 17. Denied as a conclusion of law to which no afJirmative response is required. To the extent that a further response is required, after reasonable investigation, answering additional defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, the averments are denied. 18. Denied as a conclusion oflaw to which no affilmative response is required. - 4- WHEREFORE, Additional Defendant, Mitsubishi Motors North America, Inc., demands judgment against defendant/third-party plaintiff, together with costs. COUNT III BREACH OF WARRANTY 19. Answering additional defendant incorporates by reference its response to the allegations of defendant/third-party plaintiffs Complaint, as though said answers were fully set forth herein. 20. Denied as a conclusion of law to which no affirmative response is required. To the extent that a further response is required, after reasonable investigation, answering additional defendant is without knowledge or information sufficient to forrn a belief as to the truth or falsity of the averments in this paragraph and, therefore, the averments are denied. 21. Denied as a conclusion of law to which no affilmative response is required. To the extent that a further response is required, after reasonable investigation, answering additional defendant is without knowledge or information sufficient to fonn a belief as to the truth or falsity of the averments in this paragraph and, therefore, the averments are denied. 22. Denied as a conclusion of law to which no affirmative response is required. To the extent that a further response is required, after reasonable investigation, answering additional defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, the averments are denied. 23. Denied as a conclusion of law to which no affirmative response is required. To the extent that a further response is required, after reasonable investigation, answering additional defendant is without knowledge or information sufficient to forrn a belief as to the truth or falsity of the averments in this paragraph and, therefore, the averments are denied. - 5 - 24. Denied as a conclusion of law to which no affimlative response is required. By way of further response, defendant/third-party plaintiff's alle~:ations of sole liability against answering additional defendant were dismissed without prejudictl by Stipulation. WHEREFORE, Additional Defendant, Mitsubishi Motors North America, Inc., demands judgment against defendant/third-party plaintiff, together with costs. NEW MATTER 25. Plaintiff or defendant may have been contributorily and/or comparatively negligent and, therefore, the injuries and/or damages of plaintiff are limited by the Pennsylvania Comparative Negligence Act and/or the Pennsylvania Joint Tortfeasors Law. 26. Plaintiff's and defendant's Complaints fail to state claims upon which relief can be granted. 27. The injuries and/or losses sustained by plaintiff and defendant were caused entirely by or contributed to by the negligent or liability-producing acts or omissions of individuals and/or entities other than answering additional defendant. 28. The negligent acts or omissions of individuals or entities other than answering additional defendant may have constituted intervening and/or superseding acts of negligence. 29. Any acts or omissions of answering additional defendant alleged to constitute negligence, were not substantial causative factors of plaintiffs or defendant's injuries and/or losses. 30. If answering additional defendant manufactured, delivered and/or sold the product as alleged, the product was not in a defective condition at the time it left the possession and control of answering additional defendant. -6- 31. If answering additional defendant manufactured, delivered and/or sold a product as alleged, the product may have been substantially altered and/or changed after it left the possession, custody and control of answering additional defendant. 32. Defendant failed to provide answering additional defendant with timely notice of any breach of warranty as required by law. 33. Plaintiffs and/or defendant's actions may be barred by the applicable statute of limitations. 34. The product in question may have been purchased from an entity other than answering additional defendant. 35. The product may have been misused or abnormally used before or at the time of the occurrence of the subject incident which was a substantial factor in causing the accident and/or plaintiff's or defendant's injuries or damages. 36. At all relevant times hereto, answering additional defendant complied with all applicable laws, regulations and standards. 37. Other individuals may have been negligent with respect to the maintenance of the subject product, and therefore, the sole cause or a substantial cause of the accident described in plaintiffs and defendant's Complaints. 38. Answering additional defendant neither owed nor violated any duties to plaintiff or defendant. 39. Plaintiff may have assumed the risk. 40. Plaintiff may not have been utilizing the available restraint system in the subject vehicle. - 7 - 41. Defendant failed to maintain the alleged defective vehicle and thus spoliated evidence. WHEREFORE, Defendant, Mitsubishi Motors North America, Inc., demands judgment against plaintiff, together with costs. NEW MATTER PURSUANT TO PA. RC.P. 2252(D) IN THE NATURE OF A CROSSCLAIM AGAINST ADDITIONAL DEI~ENDANT 42. If it is later determined that answering additional defendant is liable to plaintiff or defendant in any way, any such liability being denied, then plaintiffs and/or defendant's injuries and losses were caused by the negligent behavior or other misconduct of RPM Motors. Therefore, additional defendant, RPM Motors, is jointly and s'lverally liable to plaintiff and/or defendant, and liable to answering additional defendant for contribution and indemnity. WHEREFORE, Additional Defendant, Mitsubishi Motors North America, Inc., demands judgment in its favor and against plaintiff, defendant and additional defendant, RPM Motors, together with costs. ::~'=l) ARD . GRAY, QUIRE DENNIS P. ZIEMBA, ESQUIRE Attorneys for Additional Defendant. Mitsubishi Motors North America, Inc. Dated: June 22, 2005 - 8- ECKERT SEAMANS CHERIN & MELLOTT, LLC BY: EDWARD A. GRAY, ESQUIRE DENNIS P. ZIEMBA, ESQUIRE E-Mail: egray@eckertseamans.com dziemba@eckertseanaans.com Attorney LD. Nos.: 28246/76098 IS I 5 Market Street, Ninth Floor Philadelphia, PA 19102-1909 (215) 851-8400 Attorneys for Additional Defendant, Mitsubishi Motors North America, Inc. Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY HOPE N. BIGLER, v. Civil Action LORI ANN RANK, DefendantlThird-Party Plaintiff No. 04-2983 v. MITSUBISHI MOTORS CORPORATION, MITSUBISHI MOTORS NORTH AMERICA, INe. and RPM MOTORS, Additional Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the Answer with New Matter of Additional Defendant's, Mitsubishi Motors North America, Inc., to Defendant/Third-Party Plaintiff's Complaint, were served upon aU interested counsel in the manner indicated below on June 22, 2005. Service by FIRST CLASS MAIL Addressed as follows: Gregory E. Martin, Esquire Dale E. Anstine, P.e. 2 West Market Street P.O. Box 952 York, PA 17405 Kevin D. Rau1;h, Esquire Summer, McDonnell, Hudock, Guthrie & Skl:el, L.L.P. 1017 Mumma Road Lemoyne, P A 17043 BY: E IA GRAY, ESQU ENNIS P. ZIEMBA, ESQUIRE Attorneys for Additional Defendant, Mitsubishi Motors North America, Inc. (') C,) C 'Tl C_ ::;1 , p.,) W -,,;> -'. ):. , L,) C' ~." --j :.t'"' _.~, C) ~l.J -z W .-< IN THE COURT OF COMMON PLEAS OF CUMBERl.AND COUNTY, PENNSYLVANIA HOPE N. BIGLER, Plaintiff, v. LORI ANN RANK, Defendant, v. MITSUBISHI MOTORS CORPORATION, MITSUBISHI MOTORS NORTH AMERICA, INC., and RPM MOTORS, Additional Defendants. #13047 Civil Division No. 2004-2!~83 DEFENDANT, LORI ANN RANK'S, REPLY TO ADDITIONAL DEFENDANT, MITSUBISHI MOTORS NORTH AMERICA, INC., NEW MATTER Filed on behalf of the Defendant Counsel of Record for this Party Kevin D. Rauch, Esquire 1.0.#83058 Summers, McDonnell, Hudock, Guthrie & SI{eel Firm #911 1017 Mumma Road Lemoyne, PA 17043 (717) 901-5916 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOPE N. BIGLER, Plaintiff, CIVIL DIVISIION v. NO. 2004-2983 LORI ANN RANK, Defendant, (Jury Trial Demanded) v. MITSUBISHI MOTORS CORPORATION, MITSUBISHI MOTORS NORTH AMERICA, INC., and RPM MOTORS, Additional Defendants. DEFENDANT, LORI ANN RANK'S, REPLY TO ADDITIONAL DEFENDANT. MITSUBISHI MOTORS NORTH AMERICA. INC.. NEW MATTER AND NOW, comes the Defendant, Lori Ann Rank, by and through and her attorneys, Summers, McDonnell, Hudock, Guthrie & Ske,el, L.L.P. and Kevin D. Rauch, Esquire, and files the following Reply to New Matter and in support thereof avers as follows: REPLY TO NEW MATTEF~ 25. Paragraph 25 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 26. Paragraph 26 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 27. Paragraph 27 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 28. Paragraph 28 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict pmof thereof is demanded at the time of trial. 29. Paragraph 29 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 30. Paragraph 30 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 31. Paragraph 31 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 32. Paragraph 32 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 33. Paragraph 33 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 34. Paragraph 34 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 35. Paragraph 35 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 36. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 37. Paragraph 37 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time oftrial. 38. Paragraph 38 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 39. Paragraph 39 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 40. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 41. Paragraph 41 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time oftrial. WHEREFORE, Defendant, Lori Ann Rank, respectfully requests this Honorable Court to enter judgment in her favor and against the Plailntiff and Additional Defendants with costs and prejudice imposed. REPLY TO NEW MATTER PURSUANT TO PA.R.C.P. 2252 (D) IN THE NATURE OF A CROSS-CLAIM AGAINST ADUITIONAL DEFENDANT 42. The allegations contained in paragraph 42 are not directed towards Defendant, Lori Ann Rank. Accordingly, no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to PaRC.P. 1029(d) and (e). Strict proof thereof is demanded atthe time oftrial. WHEREFORE, Defendant, Lori Ann Rank, respec:tfully requests this Honorable Court to enter judgment in her favor and against the Plaintiff and Additional Defendants with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK GUTHRIE & SKEEL, L.L.P. 1 - evin . Rauch,-Esquire Counsel for Defendant, Lori Ann Rank By CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing REPLY TO ADDITIONAL DEFENDANT'S NEW MATTER has been mailed by U.S. Mail.to counsel of record ia first class mail, postage pre-paid, this L ~~ day of / ,2005: Greg Martin, Esquire 2 West Market Street POBox 952 York, PA 17405 Dennis P. Ziemba, Esquire Eckert, Seamans, Cherin & Mellott, LLC 1515 Market Street Ninth Floor Philadelphia, PA 19102 Kevi D. Rauch, Esquire Counsel for Defendant, Lori Ann Rank (') c- (~- :,) -', '" ~~ ';~J. o ., 'I'." rnf-'7;: ---::fi-r, +0 C)() ~:~j "1-, -'''; ~:12;:"') :_'.~cn ~;.: ~ L- c.: f--- CD -" -..... c:-;) C.) Cr; - 01/03/2006 11:45 FAX EckertSeamans Ig] 002/002 - -. 11295052 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HOPE N, BIGLER PLAINTIFF/S COURT OF COMMON ptEAS VS. LORI ANN RANK VS. MITSUBISHI MOTORS CORPORATION, ET AL NO. 04-2983 DEFENDANT/S CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 AS .!\. PREREQUISITE TO SERVICE OF A SUBPOENA FOR DOCUMENTS = 4009.22, DEFENDANT CERTIFIES THAT THI~GS PURSUANT TO RULE (1) 1 'I A NOTICE OF INTENT TO SERVE THE SUBPOENA WITH A COPY OF TjlE SUBPOENA ATTACHED THERETO WAS MAILED OR DELIVERED TO EACH PARTY AT LEAST ~ DAYS PRIOR TO THE DATE ON WHICH THE SUBPOENA IS SOUGHT TO BE SERVED, 1 ! I 1 (2) A COPY OF THE NOTICE OF INTENT, INCLUiJING THE PROPOSED S~POENA, IS ATTACHED TO THIS CERTIFICATE (3) NO OBJECTION TO THE SUBPOENA HAS BEEN RECEIVED, l~ (4) THE SUBPOENA THAT WILL BE SERVED IS IDENTICAL TO THE TO THE NOTICE OF INTENT TO SERVE THE SUBPOENA, I I I I SUBP1ENA WHICH IS ATTACHED i I DATE: 12/30/05 ~"m' ATTOR~EY FOR 292093-00012 ... :..- ~"' 11295052 1/18/06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HOPE N. BIGLER PLAINTIFF/S COURT OF COMMON PLEAS VS. LORI ANN RANK VS. MITSUBISHI MOTORS CORPORATION, ET AL NO. 04-2983 DEFENDANT/S NOTICE OF INTENT TO DOCUMENTS AND THINGS FOR I , SERVE A SUBPOENA TO PRODPCE DISCOVERY PURSUJINT TO RU~E 4009.21 TO: GREGORY E. MARTIN, ESQ. LAW OFFICES OF DALE ANSTINE TWO W. MARKET ST. P.O. BOX 952 YORK PA 17405 ATTO~Y(S) FOR PLAINTIFF KEVIN D. RAUCH, I ESQ. SUMMERS, MC DO~ELL, HUiJOCK, GUTHRIE AND SKlmL : 1017 MUMMA RD. i LEMOYNll PA 1704b ATTO~llY (S) FORI- CO-DEFENDANT DEFENDANT INTENDS TO SERVE A SUBPOENA IDENTICAL TO THE rn~ THAT IS ATTACHED TO THIS NOTICE TO THE DEPONENT/S LISTED BELOW, REQUESTING RECORDS BE PRO CED AT RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., PHILADELPHIA, PA 19103. YO HAVE TWENTY (20) DAYS FROM THE DATE LISTED BELOW IN WHICH TO FILE OF RECORD AND S VE UPON THE UNDERSIGNED = RECORD COPY SERVICES (215-241-5858), AN OBJECTION TO THE SUB ENA. IF NO OBJECTION IS MADE THE SUBPOENA/S MAY BE SERVED. DR. DONALD HENDRICKSON, M.D. VALLEY MEDICAL GROUP DR. WILLIAM M. SHORD, D.C. SOUTH CENTRAL SURGICAL ASSOCIATES P.C. VALLEY MEDICAL GROUP SHIP SHAPE HAIR DESIGN & SERENITY SPA MARTIN'S FAMOUS PASTRY SHOPPE INC. FRANKLIN COUNTY CAREER AND TECHNOLOGY CENTER SHIPPENSBURG HIGH SCHOOL DATE: 12/09/05 DENNIS P. ZIE ECKER.T, SE 1515 MARKET S PHILADELPHIA ATTORl'lEY (S) F BA, ESQ. S, CHERIN & MELLOTT S-9TH FLR. A 19102 R DEFENDANT Q ...., (') <'.:':-:"1 , -n G~' ,- -'- UJ -cJ t:? .r-- l C!'~ - ... ., " 11295052 12/26/05 CO!HJNWE7\LTH OF PENNSYLVANIA COONl'Y OF OJMBERIAND HOPE N. BIGLER Court of Common Pleas 04-2983 vs. Fi le No.. LORI ANN RANK VS. MITSUBISHI MOTORS CORPORATION, ET AL SUBPOENA TO PRClCll.OO IXXU1ENTS OR: TH I NGS FOR 0 I SOOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF DR. DONALD HENDRICKSON, M.D. 176 S. COLDBROOK AVE. TO: CHAMBERS BURG PA 17201 (NaTe of Person or Entity) Within twenty (20) days after service of this subpoena, you are dered by the court to SEE ATTACHED ADDENDUM produce the following docunents or things: THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLONING PERSON: NAME: DENNIS P. ZIEMBA, ESQ. I at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILAD~LPHIA' PA. I (Address) I You may deliver or mail legible copies of the docurents or pr~ce things requested by this subpoena, together with the certificate of carplliance, 0 the party making this request at the address listed above. You have the right to seek i advance the reasonable cost of preparing the copies or producing the things sought. ' I I f you fail to pr~ce the docunents or th i ngs requ i re>d by th i ~ subpoen3. wi th i n twenty (20) days after its service, the party serving this subpoen1rre.y seek a court order carPellir;g you to carply with it. ! I , I i I i I I I I ADDRESS : FOR INFORMATION: (215) 241-5858 TELEPI-()NE : SlJ>REM:: ccurr ATTORNEY FOR: 10 # DEFENDANT DATE: iJ.- ~ -0.:;- Seal of the Court ISSUED ON 12/30/05 BY THE ccun: '1 prot~IrY/Cl ision Deputy (Eff. 1/97) ... " NO. 04-2983 ADDENDUM TO SUBPOENA HOPE N. BIGLER VS. LORI ANN RANK VS. MITSUBISHI MOTORS CORPORATION, ET J\.L 11295052 12/26/05 SEE ATTACHED ADDENDUM PERTAINING TO HOPE N. BIGLER ( DOB 08/24/84, SSN N/A). 11/29/2005 15:25 FAX EckertSeamans Ig] 003/015 " Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY HOPE N. BIGLER, v. Civil Action LORI ANN RANK, DefendantlThird-Party Plaintiff No. 04-29,83 v. MITSUBISHl MOTORS CORPORATION, MITSUBISHl MOTORS NORTH AMERICA, me. ,md RPM MOTORS, Additional Defendants I I I , , , SCHEDULE A i You are to bring with you and produce at the time of the deposiition the fOIl~Wing: Any and all documents and materials within your possession that in y way relate to the treatment and care of Hope N. Bigler - date of birth: August 24, 1984. , By way of specification, and not limitation, this request includes the folio 'ng: DONALD HENDRlCKSON. M.D. To: Any and all records, reports, notes, copies of charts, office notes, memo anda., correspondence, doctors' notes, prescriptions, records of treatment, records of transportation, recor s of examination, bills for services, bills for treatment, x-rays, psychiatric reports, consultation reports, ] b reports, test results 5uch,as CAT Scans, EKG's, EEG's, and/or myleograms, etc., any and all other re10rds concerning Hope N. Bigler. I I "\. , . N 11295052 12/26/05 (XMoONWE!U.TH OF PENNSYLVANIA COONl'Y OF (IJMBERLAND HOPE N. BIGLER Court of Common Pleas 04-2983 vs. Fi le No. LORI ANN RANK VS. MITSUBISHI MOTORS CORPORATION, ET AL SUBPOENA TO PRClCll.OO [)(X;t.tENTS OR TH I NGS FOR 0 I SCOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF VALLEY YiliDICAL GROUP 411 S. FAYETTE ST. TO: SHIPPENSBURG PA 17257 (NaTe of Person or Entity) I within twenty (20) days after service of this subpoena, you are drdered by the court to SEE ATTACHED ADDENDUM ' produce the following docunents or things: at RECORD COpy SERVICES, 1880 JOHN F. KENNEDY BLVD., s-300" PHILADELpHIA, PA. (Address) You may deliver or mail 1 egib le copies of the docunents or pr~ce things requested by this subpoena, together with the certificate of carpliance, .tp the party making this request at the addrE'ss listed above. You have the right to seek irj advance the reasonable cost of preparing the copies or producing the things sought. , , I f you fai I to produce the docunents or things required by this! subpoen3. within twenty (20) days after its service, the party serving this subpoena rr>ay seek a court order ccni>e 11 i r;g you to carp 1 y with it. TH I S SUBPOENA WAS I SSUEO AT THE REQUEST OF THE FOLLOI/ 1 NG PERSON: DENNIS P. ZIEMBA, ESQ. NAME: ADDRESS: FOR INFORMATION: (215) 241-5858 TELEPHONE: SU'Ra'E ~T ATTORNEY FOR: 10 # DEFENDANT vil Division DATE: /2 /fi" ~) Sea 1 of e Court ISSUED ON 12/30/05 BY THE ~r?, . Prothbnotnry Deputy (Eff. 7/97) .. , NO. 04-2983 ADDENDUM TO SUBPOENA 11295052 12/26/05 HOPE N, BIGLER VS. LORI ANN RANK VS. MITSUBISHI MOTORS CORPORATION, ET AL SEE ATTACHED ADDENDUM PERTAINING TO HOPE N. BIGLER ( DOB 08/24/84, SSN N/A). 11/29/2005 15:25 FAX .. EckertSeamans Ig] 004/015 Plaintiff COURT 01' COMMON PLEAS CUMBERIAND COUNTY HOPE N. BIGLER, v. Civil Action LORI ANN RANK, DefendantlThird-Party Plaintiff No. 04-2983 v. MITSUBISm MOTORS CORPORATION, MlTSUBISm MOTORS NORTH AMERICA, INC. and RPM MOTORS, Additional Defendants To: V ALLEY MEDICAL GROUP SCHEDULE A You are to bring with you and produce at the time of the deposition the foil wing: Any and all documents and materials within your possession that in y way relate to the treatment and care of Hope N. Bigler- date of birth: August 24, 1984. By way of specification, and not limitation, this request includes the follow ng: Any and all records, reports, notes, copies of charts, office notes, memo cia., correspondence, doctors' notes, prescriptions, records of treatment, records of transport~ltion, recor of examination, bills for services, bills for treatment, x-rays, psychiatric reports, consultation reports, I b reports, test results such as CAT Scans, EKG's, EEG's, and/or myleograms, etc., any and all other re ords concerning Hope N. Bigler. f ~ N 11295052 12/26/05 (XHo[)NWEIU.TII OF PENNSYLVANIA COONl'Y OF aJMIIDill\ND HOPE N. BIGLER Court of Common Pleas 04-2983 vs. Fi le No. LORI ANN RANK VS. MITSUBISHI MOTORS CORPORATION, ET AL SUBPOENA TO PR<:lDU:E DCO..!'ENTS OR TH I NGS FOR 0 I StXNERY PURSUANT TO RULE 4()09. 22 CUSTODIAN OF THE RECORDS OF DR. WILLIAM M. SHORD, D.C. 3815 MAIN ST. SCOTLAND PA 17254 TO: (Name of Person or Entity) , I Within twenty (20) days after service of this subpoena, you are q,.dered by the court to . SEE ATTACHED ADDENDUM " produce the following docunents or th1ngs: i , I at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILAD:jPHIA' PA. (Address) ! You may deliver or mail legible copies of the docunents or pr~ce things requested by this subpoena, together with the certificate of carp liance , t the party making this request at the address I isted above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. , I , , I f you fail to produce the docunents or things required by this subpoen~ within twenty (20) days after its service, the party serving this subpoena ll'Sy seek a court order c=Pellir:g you to carply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF "THE FOLLOHING PERSON: DENNIS P. ZIEMBA, ESQ. NAI'E : ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SU'REI'E o::un 10 # ATTORNEY FOR: DEFENDANT DATE: I 2~ tj> ~ OJ- Sea f of the Court ISSUED ON 12/30/05 BY THE OOJRT: c/ t; Prothoflotary /e Deputy (Eft. 7/97) . NO. 04-2983 ADDENDUM TO SUBPOENA 11295052 12/26/05 HOPE N. BIGLER VS. LORI ANN RANK VS. MITSUBISHI MOTORS CORPORATION, ET ~~ SEE ATTACHED ADDENDUM PERTAINING TO HOPE N. BIGLER ( DOB 08/24/84, SSN N/A). 11/29/2005 15:25 FAX Eckert Seamans Ig] 005/015 .- .' - Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY HOPE N. BIGLER, v. Civil Action LORI ANN RANK, Defendant/Third-Party Plaintiff No. 04-2983 v. MITSUBISm MOTORS CORPORATION, MITSUBISm MOTORS NORTH AMERlCA, INC. and RPM MOTORS, Additional Defendants To: WILLIAM SHORD. D.C. SCHEDULE A You are to bring with you and produce at the time of the deposition the follJwing: Any and all documents and materials within your possession that in ahy way relate to the treatment and care of Hope N. Bigler- date of birth: August 24, 1984. ! By way of specification, and not limitation, this request includes the follow+g: , Any and all records, reports, notes, copies of charts, office nc,tes, memortnda, correspondence, doctors' notes, prescriptions, records of treatment, records of transporta,tion, record~ of examination, bilIs for services, bills for treatment, x-rays, psychiatric reports, consultation reports, I*b reports, test results such as CAT Scans, EKG's, EEG's, and/or myleograms, etc., any and all other rec~rds concerning Hope N. Bigler, .. N 11295052 12/26/05 roMJNWEI\LTH OF PENNSYLVANIA COONl'Y OF 0lMBERIAND HOPE N. BIGLER Court of Common Pleas 04-2983 vs. File No. LORI ANN RANK VS. MITSUBISHI MOTORS CORPORATION, ET AL SUBPOENA TO PRClCll.OO DOCl.t'ENTS OR TH I NGS FOR 0 I SCOVERY PURSUANT TO RULE 4009.22 PERSONNEL DEPARTMENT AVE SOUTH CENTRAL SURGICAL ASSOCIATES P.C. 761 PARK FIFTH . TO: CHAMBERSBURG PA 17201 (Nane of Person or Entity) I Within twenty (20) days after service of this subpoena, you are ck-dered by the court to SEE ATTACHED ADDENDUM ' produce the following docunents or things: at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, (Address) PHILADEJPHIA, I PA. , You may deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of compliance, tP the party making this request at the addrE'.ss listed above. You have the right to seek irl advance the reasonable cost of preparing the copies or producing the things sought. . I I f you fai 1 to produce the docunents or things required by thisl subpoen~ within twe"ty (20) days after its service, the party serving this subpoenai rray seek a court order cx::rrPe 11 ir:g you to carp ly with it. . THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLC1NING PERSON: NAME: DENNIS P. ZIEMBA, ESQ. ADDRESS : TELEPHONE: FOR INFORMATION: (215) 241-5858 SlPREfoE ~T 10 # ATTORNEY FOR: DEFENDANT DATE: f'j. _ ~ - 6')- Sea 1 of the Court ISSUED ON 12/30/05 BY THE ~ 6 Prot tlirY 1 Division Deputy (Eff. 7/97) NO, 04-2983 ADDENDUM TO SUBPOENA HOPE N. BIGLER VS. LORI ANN RANK VS. MITSUBISHI MOTORS CORPORATION, ET AL 11295052 12/26/05 SEE ATTACHED ADDENDUM PERTAINING TO HOPE N. BIGLER ( DOB 08/24/84,; SSN N/A). 11/29/2005 15:25 FAX EckertSeamans Ig] 006/015 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY HOPE N. BIGLER, v. Civil Action LORl ANN RANK, Defendant/Third-Party Plaintiff No. 04-2983 v. MITSUBISm MOTORS CORPORATION, MITSUBISm MOTORS NORTH AMERICA, INC. and RPM MOTORS, Additional Defendants To: SOUTIi CENTRAL SURGlCAL ASSOCIATES PC SCHEDULE A You are to bring with you and produce at the time of the deposition the foll~wing: Any and all documents and materials within your possession that ill 4y way relate to the treatment and care of Hope N. Bigler - date of birth: August 24, 1984. I By way of specification, and not limitation, please produce the fOlloring documents and materials: I. Any and all documents within your possession which relate tq any application for employment by Hope N. Bigler, to include any application cDmpleted by Hope N. ~igler, as well as any document submitted by, Dr Dn behalf of Hope N. Bigler, in an effort to ~ecure empl<tment. I 2. Any and all documents within your possession which Sl,t forth HOPf N. Bigler's length of employment, dates Df employment, and hours worked per day during her employmej,t. 3. Any and all documents describing, or setting forth, the position th~t Hope N. Bigler held during her employment, including a detailed description of the requirements ofthatlpDsition. 4. Any and all documents stating wages earned by Hope N. Bigler dJring her employment, including any commission, bonus, or any other form of income earned. 5. Any and all documents relating t0' any Workmen's Compensation I Claim filed by, or on behalf of Hope N. Bigler, along with any medical records which document any me~ical problems she had during the course of her employment. , 6. Any and all documents relating to the separation of Hope N. Biglerlfrom her employment including, any documents pertaining to termination and the reason for terminatiDn. 7. Any correspondence pertaining to Hope N. Bigle,r's emplo~ent, including any correspondence to any welfare board, disability office or unemployment Dffice. 8. Any and all documents pertaining to perfonnance evaluatiDns of Hqpe N. Bigler. 11/29/2005 15:25 FAX Eckert Seamans IgJ007/015 . 9. Your entire file, meaning every page, including front lmd back covers, and any and all other memos, correspondence, forms or documents related to the emplo)ment of Hope N. Bigler. " . N 11295052 12/26/05 <nMlNWEALTH OF PE1lNSYLVANIA COONl'Y OF CUMBERU>ND HOPE N. BIGLER Court of Co~on Pleas 04-2983 vs. File No. LORI ANN RANK VS. MITSUBISHI MOTORS CORPORATION, ET AL SUBPOENA TO PRClCll.OO IXXU1ENTS OR TH I NGS FOR 0 I SCOVERY PURSUANT TO RULE 4009.22 PERSONNEL DEPARTMENT VALLEY MEDICAL GROUP 411 S. FAYETTE ST. TO: SHIPPENSBURG PA 17257 (Nane of Person or Entity) within twenty (20) days after service of this subpoena, you are prdered by the court to rodu th f II . "'-- ---t th' SEE ATTACHED ADDENDUM, P ce e 0 OWIng UV<.A.I1I"f1 S or lngs: i at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILAD LPHIA, PA. (Address) You may deliver or mail legible copies of the docunents or prcxiluce things requested by this subpoena, together with the certificate of carpI iance, ~o the party making this request at the addre-.ss listed above. You have the right to seek il'\ advance the reasonable cost of preparing the copies or producing the things sought. ' , I I f you fai 1 to produce the docunents or things required by thi~ subpoen3. within twenty (20) days after its service, the party serving this subpoen~ IT'ay seek a court order a::ni>ellir:g you to carply with it. TH I S SUBPOENA WAS I SSUEO AT THE REQUEST OF THE: FOLLCN/ I NG PERSON: NAME: DENNIS P. ZIEMBA, ESQ. ADDRESS: FOR INFORYlATION: (215) 241-5858 TELEPI-DlE: SU'REM: CCUU ATTORNEY FOR: 10 # DEFENDANT / Division DATE: I~ ~ - - ~/{) Sea of e CoUrt ISSUED ON 12/30/05 Deputy (Eff. 7/97) . NO. 04-2983 ADDENDUM TO SUBPOENA 11295052 12/26/05 HOPE N. BIGLER VS. LORI ANN RANK VS. MITSUBISHI MOTORS CORPORATION, ET AL SEE ATTACHED ADDENDUM PERTAINING TO HOPE N. BIGLER ( DOB 08/24/84, SSN N/A). 11/29/2005 15:25 FAX EckertSeamans IgJ 008/015 , . HOPE N. BIGLER, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY v. Civil Action I,ORI ANN RANK, DefendantlThird-Party Plaintiff No. 04-2983 v. MITSUBISm MOTORS CORPORATION, MITSUBISm MOTORS NORTH AMERICA, INC. and RPM MOTORS, Additional Defendants To: V ALLEY MEDICAL GROUP SCHEDULE A You are to bring with you and produce at the time of the deposition the following: Any and all documents and materials within your possession that in any way relate to the treatment and care of Hope N. Bigler - date of birth: August 24, 1984. By way of specification, and not limitation, please produce the follo;Wing documents and materials: 1. Any and all documents within your possession which relate t~ any application for employment by Hope N. Bigler, to include any application completed by Hope N. ~igler, as well as any document submitted by, or on behalf of Hope N. Bigler, in an effort to secure emplOyment. 2. Any and all documents within your possessioo which set forth Ho~ N. Bigler's length of I employment, dates of employment, and hours worked per day during her employmept 3. Any and all documents describing, or setting forth, the position th~ Hope N. Bigler held during her employment, including a detailed description of the requirements ofthat!position. 4. Any and all documents stating wages earned by Hope N. Bigler dqring her employment, including any commission, bonus, or any other form of income earned. 5. Any and all documents relating to any Workmen's CompensationlClaim filed by, or on behalf of Hope N. Bigler, along with any medical records which document any medical problems she had during the course of her employment. 6. Any and all documents relating to the separation of Hope N. Biglerlfrom her employment including, any documents pertaining to termination and the reason for termination. 7. Any correspondence pertaining to Hope N. Bigler's employ/nent, including any correspondence to any welfare board, disability office or unemployment office. 8. Any and all documents pertaining to performance evaluations of Hope N. Bigler. 11/29/2005 15:28 FAX EckertSeamans li1J 009/015 . 9. Your entire file, meaning every page, including front and back covers, and any and all other memos, correspondence, forms or documents related to the employment of Hope N. Bigler. . " " 11295052 12/26/05 a:JIoK:lNWEl\LTH OF PmNSYLVANIA <XXJNl'Y OF CUMBERIAND HOPE N. BIGLER Court of Common Pleas 04-2983 vs. Fi Ie No. LORI ANN RANK VS. MITSUBISHI MOTORS CORPORATION, ET AL SUBPOENA TO PRCnlCE OOCl..tENTS OR TH I NGS FOR OISOOVERY PURSUANT TO RULE 4009.22 PERSONNEL DEPARTMENT SHIP SHAPE HAIR DESIGN & SERENITY SPA 891 W. KING ST. TO, SHIPPENSBURG PA 17257 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are Prdered by the court to produce the following docunents or things: SEE ATTACHED ADDENDUM at 80 JOHN F KENNEDY BLVD., S-300, PHlLAD1, LPHIA, PA. RECORD COPY SERVICES, 18. II: (Address) You may deliver or mail legible copies of the docunents or pro<lluce things requested by this subpoena, together with the certificate of carpliance, 1\0 the party making this request at the addrt>.ss listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. I If you fail to produce the docunents or things required by thi~ subpoen~ within twel1ty (20) days after its service, the party serving this subpoenalrrey seek a court order c;arpe llir:g you to carp I y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLo.'IlNG PERSON: NAME: DENNIS P. ZIEMBA, ESQ. ADDRESS: FOR INFORMATION: (215) 241-5858 TELEPH:lNE: SlA'REr'E o::u:lT ATTORNEY FOR: 10 # DEFENDANT BY THE CXlURT: DATE: 1.1- - ({ -f.)"~ ISSU~aJNof2~S/~r~ Deputy (Eff. 7/97) .. NO. 04-2983 ADDENDUM TO SUBPOENA U2950S2 12/26/05 HOPE N. BIGLER VS, LORI ANN RANK VS, MITSUBISHI MOTORS CORPORATION, ET AL SEE ATTACHED ADDENDUM PERTAINING TO HOPE N. BIGLER ( DOB 08/24/84, SSN N/A). ~l/~~/~UV~ l~:~O rhA , hCKer't~eamans ~ 010/015 HOPE N. BIGLER, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY v. Civil Action LORl ANN RANK, Defendant/rhird-Party Plaintiff No. 04-2983 v. MITSUBISHI MOTORS CORPORATION, MITSUBISHI MOTORS NORlH AMERlCA, INC. and RPM MOTORS, Additional Defendants To: SHIP SHAPE HAIR DESIGN & SERENITY SPA SCHEDULE A You are to bring with you and produce at the time oftbe deposition the foll~wing: Any and all documents and materials within your possession that in llny way relate to the lreatment and care of Hope N. Bigler - date of birth: August 24, 1984. By way of specification, and not limitation, please produce the folloWing documents and materials: 1. Any and all documents within your possession which relate to any application for employment by Hope N. Bigler, to include any application completed by Hope N. Bigler, as well as any document submitted by, or on behalf of Hope N. Bigler, in an effort to secure emplorment. 2. Any and all documents within your possession which set forth Ho~ N. Bigler's length of employment, dates of employment, and hours worked per day during her employme$t. 3. Any and all documents describing, or setting forth, the position that Hope N. Bigler held during her employment, including a detailed description of the requirements of that position. 4. Any and all documents stating wages earned by Hope N. Bigler duting her employment, including any commission, bonus, or any otber form of income earned. 5. Any and all documents relating to any Workmen's Compensation Claim filed by, or on behalf of Hope N. Bigler, along with any medical records which document any medlcal problems she had during the course of her employment. 6. Any and all documents relating to the separation of Hope N. Bigler ffrom her employment including, any documents pertaining to termination and the reason for termination. 7. Any correspondence pertaining to Hope N. Bigler's employment, including any correspondence to any welfare board, disability office or unemployment office. 8. Any and all documents pertaining to perfonnance evaluations of Hope N. Bigler. Jj,CKerL~eamans 141011/015 I . ~ -L.Lf l.iJf I.UU" -L". "'"v .I'aA 9. Your entire file, meaning every page, including front and back covers, and any and aJl other memos, correspondence, forms or documents related to the employment of Hope N. Bigler. - N 11295052 12/26/05 a:HDNWE:ALTH OF PalNSYLVANIA roJNl'Y OF CUMBrnU\ND HOPE N. BIGLER Court of Common Pleas 04-2983 VS. . Fi le No. LORI ANN RANK VS. MITSUBISHI MOTORS CORPORATION, ET AL SUBPOENA TO PRClCll.OO DClCl.t'ENTS OR TH I NGS FOR OISCOVERY ~SUANT TO RUlE 4009.22 PERSONNEL DEPARTMENT MARTIN'S FAMOUS PASTRY SHOPPE INC. 1000 POTATO ROLL LANE ' TO: CHAMBERSBURG PA 17201 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are tlrdered by the court to SEE ATTACHED ADDENDUM produce the following docunents or things: at 80 JOHN F KENNEDY BLVD., S-300, PHILADJ,LPHIA, PA. RECORD COPY SERVICES, 18. ~ (Address) You may deliver or mail legible copies of the docunents or pr~uce things requested by this subpoena, together with the certificate of carpliance, tb the party making this request at the addre-ss listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. ' , 'f you fail to produce the docunents or things required by thisl subpoen", within twenty (20) days after its service, the party serving this subpoena) rrey seek a court order carPellir:g you to carply with it. TI-fIS SUBPOENA WAS ISSUED AT TI-fE REQUEST OF 1HE FOLlo.vlNG PERSON: DENNIS P. ZI~~A, ESQ. NAI-E : ADDRESS: FOR INFORMATION: (215) 241-5858 TElEPt-KlNE: SU'REl"E CCOIT ATTORNEY FOR: 10 # DEFENDANT BY 1HE COURT: vi] Oivision DATE: 0 - ~-(Q Seal of t e CoUrt ISSUED ON 12/30/05 Pro Deputy (Eff. 7/97) NO. 04-2983 ADDENDUM TO SUBPOENA 11295052 12/26/05 HOPE N. BIGLER VS. LORI ANN RANK VS. MITSUBISHI MOTORS CORPORATION, ET AL SEE ATTACHED ADDENDUM PERTAINING TO HOPE N. BIGLER ( DOB 08/24/84, SSN N/A). 11/29/2005 15:26 FAX EckertSeamans IgJ 012/015 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY HOPE N. BIGLER, v. Civil Action LORI ANN RANK, DefendantlThird-Party Plaintiff No. 04-2983 v. MITSUBISHl MOTORS CORPORATION, MITSUBISm MOTORS NORlH AMERICA, INC. and RPM MOTORS, Additional Defendants To: MARTIN'S FAMOUS PASTRY SHOPPE INe SCHEDULE A You are to bring with you and produce at the time of the deposition the fo'lowing: Any and all documents and materials within your possession that in, any way relate to the treatment and care of Hope N. Bigler- date ofbirtb: August 24, 1984. By way of specification, and not limitation, please produce the foliIowing documents and materials: 1. Any and all documents within your possession which relate! to any application for I employment by Hope N. Bigler, to include any application completed by Hope 1'11. Bigler, as well as any document submitted by, or on behalf of Hope N. Bigler, in an effort to secure emPloyment. 2. Any and all documen1s within your possession which set forth H~pe N. Bigler's length of employment, dates of employment, and hours worked per day during her employnlent. 3. Any and all documents describing, or setting forth, the position t\lat Hope N. Bigler held during her employment, including a detailed description of the requirements ofth.t position. 4. Any and all documents stating wages earned by Hope N. Bigler ~uring her employment, including any commission, bonus, or any other form of income earned. 5. Any and all documents relating to any Workmen's Compensatio/l Claim filed by, or on behalf of Hope N. Bigler, along with any medical records which document any m~dical problems she had during the course of her employment. 6. Any and all documents relating to the separation of Hope N. Bigl~r from her employment including, any documents pertaining to termination and the reason for termination.' 7. Any correspondence pertaining to Hope N. Bigler's empl~ent, including any correspondence to any welfare board, disability office or unemployment office. 8. Any and all documents pertaining to performance evaluations ofijope N. Bigler. 11/2"/2UU5 15:2B YAK Eckert Seamans 19J013/015 . . 9. Your entire file, meaning every page, including front and back covers, and any and all other memos, correspondence, forms or documents related to the employment of Hope N. Bigler. . n 11295052 12/26/05 " , ~TH OF PENNSYLVANIA COONl'Y OF aJMimUAND HOPE N. BIGLER Court of Common Pleas 04-2983 vs. Fi le No. LORI ANN RANK VS. MITSUBISHI MOTORS CORPORATION, ET AL SUBPOENA TO PRClCll.OO oca.tENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RUlE 4009.22 FRANKLIN COUNTY CAREER AND TECHNOLOGY CENTER TO: 2463 LOOP RD. CHAMBERSBURG PA 17201 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are cprdered by the court to SEE ATTACHED ADDENDUM produce the following docunents or things: 8 HN F KENNEDY BLVD., S-300, PHILADELpHIA, PA. RECORD COPY SERVICES, 18 0 JO . ~ at (Address) You may deliver or mail legible copies of the docunents or proquce things requested by this subpoena, together with the certificate of carpliance, tp the party making this request at the addrE'.5s listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. , I f you fail to produce the docunents or things required by thisl SUbp:>en;l within twenty (20) days after its service, the party serving this subpoena, rrey seek a court order carPe 11 ir:g you to carp ly with it. TH I S SUBPOENA WAS I SSUEO AT THE REQUEST OF THE FOLlON I NO PERSON: NAME: DENNIS P. ZI~iliA, ESQ. ADDRESS: FOR INFORMATION: (215) 241-5858 TElEPH:lNE: SU'REl'E COJRT ATTORNEY FOR: 10 # DEFENDANT DATE: t 1 - C -01 Sea I of ttie Court ISSUED ON 12/30/05 , i I Division Deputy (Eff. 7/91) r , NO. 04-2983 ADDENDUM TO SUBPOENA 11295052 12/26/05 HOPE N. BIGLER VS. LORI ANN RANK VS. MITSUBISHI MOTORS CORPORATION, ET AL SEE ATTACHED ADDENDUM PERTAINING TO HOPE N. BIGLER ( DOB 08/24/84, SSN N/A). 11/29/2005 15:26 FAX Eckert Seamans 19J014/015 <, , Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY HOPE N. BIGLER, v. Civil Action LORI ANN RANK, DefendantlThird-Party Plaintiff No. 04-2983 v. MITSUBISm MOTORS CORPORATION, MITSUBISm MOTORS NORTH AMERICA, lNC. and RPM MOTORS, Additional Defendants To: FRANKLlN COUNTY CAREER AND TECHNOLOGY CENTER SCHEDULE A You are to bring with you and produce at the time of the deposition the follpwing: Any and all documents and materials within your possession that in ~y way relate to the treatment and care of Hope N, Bigler - date of birth: August 24, 1984. By way of specification, and not limitation, please produce the foll~wing documents and materials: 1. Any and all records pertaining to Hope N. Bigler, including, lmt not limited to the complete permanent student record and documents relating to dates of attendaj1ce, absences, grades, credits, reasons for leaving, evaluations, disciplinary records and any medical or ac~ident related injuries .. " 11295052 12/26/05 . <XHDNWE!\LTH OF PE1lNSYLVANIA COONl'Y OF 0JMBEmAND HOPE N. BIGLER Court of Common Pleas 04-2983 vs. Fi le No. LORI ANN RANK VS. MITSUBISHI MOTORS CORPORATION, ET AL SUBPOENA TO PRODlCE ooct.tENTS OR TH I NGS FOR OISCOVERY PURSUANT TO RUlE 4009.22 SHIPPENSBURG HIGH SCHOOL 317 N. MORRIS ST. TO: SHIPPENSBURG PA 17257 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ~dered by the court to SEE ATTACHED ADDENDUM produce the following docunents or things: 880 OHN F KENNEDY BLVD., S-300, PHILADEJpHIA, PA. at RECORD COPY SERVICES, 1 J . ~ (Address) You may deliver or mail legible copies of the docunents or procluce things requested by this subpoena, together with the certificate of carpliance, ~o the party making this request at the addr~.ss listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. , 1 f you rail to produce the docunents or things required by thisi subpoen3. within twenty (20) days after its service, the party serving this subpoena! rr>ay seek a court order COTi>e 11 ir:g you to carp ly with it. TH I S SUBPOENA WAS I SSUEO AT THE REQUEST OF THE FOLLON I NG PERSON: DENNIS P. ZIEMBA, ESQ. NA/'E : ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SU"REt'E COJlT 10 It ATTORNEY FOR: DEFENDANT BY THE COJlT: vil Division DATE: (J - (P-{).5- Sea 1 of the Court Deputy ISSUED ON 12/30/05 (Eff. 7/97) << NO. 04-2983 ADDENDUM TO SUBPOENA 1.1295052 12/26/05 HOPE N. BIGLER VS. LORI ANN RlINK VS. MITSUBISHI MOTORS CORPORATION, ET AL SEE ATTACHED ADDENDUM PERTAINING TO HOPE N. BIGLER ( DOB 08/24/84, SSN N/A). ............... ~'n.4. , ~CKer'ttseamans ~015/010 . . HOPE N. BIGLER Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY v. Civil Action LORI ANN RANK, DefendanrlThird-Parry Plaintiff No. 04-2983 v. MITSUBISm MOTORS CORPORATION, MITSUBISm MOTORS NORlH AMERICA, INC. and RPM MOTORS, Additional Defendants To: SHIPPENSBURG HIGH SCHOOL SCHEDULE A You are to bring with you and produce at the time of the deposition the following: Any and all documents and materials within your possession that in lmY way relate to the treatment and care of Hope N. Bigler - date of birth: August 24, 1984. By way of specification, and not limitation, please produce the follQwing documents and materials: 1. Any and all records pertaining to Hope N. Bigler, including, l1ut not limited to the complete permanent student record and documents relating to dates of attencia.x1ce, absences, grades, credits, reasons for leaving, evaluations, disciplinary records and any medical or accident related injuries ECKERT SEAMANS CHERIN & MELLOTT, LLC BY: EDWARD A. GRAY, ESQUIRE DENNIS P. ZIEMBA, ESQUIRE E-Mail: egray@eckertseamans.com dziemba@eckertseamans.com Attorney LD. Nos.: 28246/76098 ISIS Market Street, Ninth Floor Philadelphia, PA 19102-1909 (215) 851-8400 Attorneys for Defendant, Mitsubishi Motors North America, Inc. Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY HOPE N, BIGLER, v. Civil Action LORI ANN RANK, Defendant/Third-Party Plaintiff No, 04-2983 v, MITSUBISHI MOTORS CORPORATION, MITSUBISHI MOTORS NORTH AMERICA, INC. and RPM MOTORS, Additional Defendants STIPULATION OF DISCONTINUANCE \0'1\\ AND NOW, this day of 'J'l\cud'-- , 2006, it is hereby Stipulated among the parties that any and all claims against Additional Defendants, Mitsubishi Motors Corporation and Mitsubishi Motors North America, Inc., are DISMISSED WITH PREJUDICE pursuant to Rule 229 of the Pennsylvania Rules of Civil Procedure. DALE ~.~:~~~=:u GREGORY E:-MARTIN, ESQUIRE Attorney for Plaintiff, Hope N Bigler LLOTT, LLC WARD . RA , DENNIS P. ZIEMBA, SQUIRE Attorney for Additional Defendant, Mitsubishi Motors Corporation and Mitsubishi Motors North America, Inc. C~ c ,-j ::'l"t -' o ....J:-; 0:- c) c.co IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION Hope N. Bigler v, File No: 2004-2983 Civil Term Lori Ann Rank PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Curtis R. Long (X) Please mark the above captioned action SETTLED AND SATISFIED ~ -' / " ' Gregory ,.E:'Martin, Esquire Two W.'Market Street, P,O. Box 952 YorkPA 17405 'Phone: 717-846-0606 Supreme Court 10: 38894 Date: April 17, 2006 ..............................................................................1 f),\ I,N I~:, ,L~....'7.(S.~I, p, (' Y"~K, ,.".~"',.,-^''^ ",..,-, '.' " "