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Home My WebLink About10-7619C3~ THE P~~?~'Ud ~€~ ~'n ~ • - f~~Y Z~tO ~£~ ~ 4 p~ ~; ,~ ~Ut~BERl.AP~~ ~,.~,,,., -,, ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717)238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com VICKI NIGHTINGALE, Plaintiff v. DEAN FULLMER d/b/a BLUE MOUNTAIN STOCK FARM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. f ~ -~ l~ ( 1 CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint 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 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. ORIGINAL ~~ 450966 ~'~~a•~0 ~. oZ Svc 2~- 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. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association, P.O. Box 186, Harrisburg, PA 17108 TELEPHONE 1-800-692-7375 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se persentan mas adelante en las siguientes paginas, debe tomar accibn dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a , las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier soma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes para used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association, P.O. Box 186, Harrisburg, PA 17108 TELEFONO 1-800-692-73 75 450966 ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717)238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com VICKI NIGHTINGALE, Plaintiff v. DEAN FULLMER d/b/a BLUE MOUNTAIN STOCK FARM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. `V ' 7c~ ~~ C~il.~ CIVIL ACTION -LAW JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Vicki Nightingale is a citizen of the Commonwealth of Pennsylvania who resides in Harrisburg, Dauphin County, Pennsylvania. 2. Defendant Dean Fullmer d/b/a Blue Mountain Stock Farm is an adult individual and citizen of the Commonwealth of Pennsylvania. Mr. Fullmer operates Blue Mountain Stock Farm, a business located at 187 Newville Road, Newburg, Cumberland County, Pennsylvania, 17240. 3. The facts and occurrences hereinafter related took place on or about January 4, 2009, at Blue Mountain Stock Farm, located at 187 Newville Road in Newburg, Cumberland County. 4. At that time and place, Plaintiff Vicki Nightingale was standing a few yards away from Mr. Fullmer while he was controlling a thoroughbred horse with a lead shank. 5. Mr. Fullmer held the lead shank for a lengthy period of time while the thoroughbred race horse was in a field with other thoroughbred race horses. 6. Mr. Fullmer lost control of the thoroughbred race horse. 450966 7. When Mr. Fullmer lost control of thoroughbred race horse, the horse ran into Ms. Nightingale. 8. As a result of the horse running into Ms. Nightingale, she sustained personal injuries, particularly a fracture of her right humerus. 9. The foregoing collision with the thoroughbred race horse and all of the injuries set forth herein sustained by Plaintiff Vicki Nightingale are the direct and proximate result of the negligent, careless, wanton, and reckless conduct of Defendant Dean Fullmer, d/b/a Blue Mountain Stock Farm, as follows: a. failure to have thoroughbred race horse under constant and effective control; b. failure to contain a thoroughbred race horse; and c. trying to control a thoroughbred race horse with a lead shank in a field with other race horses for too long of a time period when it was foreseeable that the thoroughbred race horse would want to run and not be restrained for a long period of time. 10. Plaintiff Vicki Nightingale sustained painful and severe injuries, which include but are not limited to, a proximal right humerus fracture requiring an open reduction internal fixation surgery. 11. As a result of the aforementioned injuries, Plaintiff Vicki Nightingale has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and permanent disfigurement, and claim is made therefor. 450966 2 12. Plaintiff Vicki Nightingale continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. 13. By reason of the aforesaid injuries sustained by Plaintiff Vicki Nightingale, she was forced to incur liability for medical treatment, therapy, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 14. Because of the nature of her injuries, Plaintiff Vicki Nightingale has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. WHEREFORE, Plaintiff Vicki Nightingale demands judgment against Defendant Dean Fullmer, d/b/a Blue Mountain Stock Farm, in an amount in excess of Fifty Thousand Dollars ($50,000.00), exclusive of interest and costs and in excess of any jurisdictional amount require compulsory arbitration. A1~d^~INO & ROVNER, P.C. Date: D~G~ L. Lutz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 23 8-6791 -phone (717) 238-5610 -fax dlutz@angino-rovner. com Attorney for Plaintiff 450966 3 VERIFICATION I, Vicki Nightingale, Plaintiff, hereby verify that the facts set forth in the foregoing COMPLAINT true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. WITNESS: _. ___. Vicki Nightingale , Date: ~U"~ t'-1 D aso966 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ((.IC?. Sheriff Jody S Smith MID DEC 21 PM 3: 1 Chief Deputy Richard W Stewart Solicitor PUMBERLA14D fi: iii PENNSYLIIAM Vicki Nightingale Case Number vs. 2010-7619 Dean Fullmer SHERIFF'S RETURN OF SERVICE 12/14/2010 07:55 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on December 14, 2010 at 1955 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Dean Fullmer, by making known unto himself personally, at 187 Newville Road, Newburg, Cumberland County, Pennsylvania 17240 its contents and at the same time handing to him personally the said true and correct copy of the same. STEPHE BENDER, DEPUTY SHERIFF COST: $46.44 December 15, 2010 SO ANSWERS, RONW R ANDERSON, SHERIFF _ cc i L?Elf(-?CjFj J1 C t "010 0EC 28 AN 10: 46 John Floun, 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 Attorneys for Defendant, (717)237-7134 Mount Carmel Borough VICKI NIGHTINGALE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 10-7619 DEAN FULLMER d/b/a, CIVIL ACTION .-LAW BLUE MOUNTAIN STOCK FARM, Defendant JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of John Flounlacker, Esquire, and Thomas, Thomas & Hafer, LLP, as attorneys for Defendant, Dean Fullmer d/b/a Blue Mountain Stock Farm, in the above- captioned case. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP B Y• Jo Flounlacker, Esquire Attorney I.D. # 73112 P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 Date: (717)237-7134 CERTIFICATE OF SERVICE I, Jeannie L. Kawalec, an employee for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the attached document(s) was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: By First Class U.S. Mail: David L. Lutz, Esquire 4503 North Front Street Harrisburg, PA 17110-1708 THOMAS, THOMAS & HAFEF, LLP )3vu?'Y 1 tA41X (/4inie L. Kawalec Dated: I,- a3I?0 CAF THEFILM-OFFICE A R Y 2011 JAN 21 PH 2: 26 CUMBERLAND COUNTY PENNSYLVANIA ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com VICKI NIGHTINGALE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. DEAN FULLMER d/b/a BLUE MOUNTAIN STOCK FARM, Defendant NO. 10-7619 CIVIL ACTION -- LAW JURY TRIAL DEMANDED PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO 1 To: Defendant Dean Fullmer d/b/a Blue Mountain Stock Farm, by and through counsel, John Flounlacker, Esquire Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure (Federal Rules of Civil Procedure 36), to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 1. Do you admit that you operate Blue Mountain Stock Farm, a business located at 187 Newville Road, Newburg, Cumberland County, Pennsylvania? Admit Deny 459690 2. Do you admit that on January 4, 2009, Vicki Nightingale was present at Blue Mountain Stock Farm? Admit Deny 3. Do you admit that Vicki Nightingale was standing a few yards away from you at the time you were controlling a thoroughbred horse with a lead shank'? Admit Deny 4. Do you admit that the thoroughbred race horse that you were controlling ran into Vicki Nightingale? Date Admit Deny ANGINO & ROVNER, P.C. Davi L. Lutz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com \D A` Attorney for Plaintiff 459690 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO. 1 upon all counsel of record via postage prepaid first class United States mail addressed as follows: John Flounlacker, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108-0999 Attorney for Defendant Dated: 1 _ c) b : `` 459690 John Flounlacker, Esquire THOMAS, THOMAS & HAFER, LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 (717)237-7134 T?°;f?o??aaT?RY 2„? rc G'?J???r RLF??D GOU?-1T`r `triSYLY,EIA Attorneys for Defendant VICKI NIGHTINGALE, Plaintiff V. DEAN FULLMER d/b/a, BLUE MOUNTAIN STOCK FARM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-7619 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW comes the Defendant, Dean Fullmer d/b/a Blue Mountain Stock Farm ("Fullmer"), by and through his counsel, Thomas, Thomas & Hafer, LLP, and respectfully files the instant Preliminary Objections to Plaintiff s Complaint, stating and averring as follows: 1. Plaintiff Vicki Nightingale ("Nightingale") commenced this action via the filing of a Complaint on or about December 10, 2010. A true and correct copy of Nightingale's Complaint is attached hereto as Exhibit A. 2. According to the Complaint, Nightingale was injured while on Fullmer's farm, when a "horse ran into Ms. Nightingale." Ex. A, ¶7. 3. Nightingale alleges that Fullmer was negligent in failing to control the horse. Ex. A, ¶9(a-c). FIRST PRELIMINARY OBJECTION: DEMURRER 4. All foregoing paragraphs are incorporated herein by reference as if fully set forth at length. 5. More particularly, Nightingale alleges, inter alia, that Fullmer was negligent in "trying to control a thoroughbred race horse with a lead shank in a field with other race horses for too long of a time period when it was foreseeable that the thoroughbred race horse would want to run and not be restrained for along period of time." Ex. A, ¶9(c). 6. Pa.R.C.P. 1028(a)(4) allows a party to file a preliminary objection where a pleading is legally insufficient; in other words, a demurrer. 7. Nightingale's claim is, essentially, that Fullmer lost control of the horse, and he was under a duty to maintain control of that horse. 8. To adequately assert a case of negligence, Nightingale must allege (1) a duty recognized by law, (2) a breach of that duty, (3) a causal connection between Fullmer's conduct and the resulting injury, and (4) actual damages. Swift v. Northeastern Hosn , 690 A.2d 719, 722 (Pa. Super. 1997). 9. Before a person may be subject to liability for failing to act in a given situation, it must be established that the person has a duty to act; if no care is due, it is meaningless to assert that a person failed to act with due care. Wenrick v. Schloemann-Siemag Aktiengesellschaft, 564 A.2d 1244, 1248 (Pa. 1989). 10. There is no authority, statutory, common law, or otherwise, imposing such a specific, detailed duty as Nightingale asserts in paragraph 9(c). 11. In other words, aside from a basic duty to control, see Bender v. Walsh, 25 A.2d 182 (Pa. 1942), there is no recognized specific duty with regards to the time period for leading a thoroughbred race horse on a lead shank, in a field with other horses, as Nightingale asserts. 12. Moreover, as a practical matter, paragraph 9(c) is really superfluous and unnecessary, as it is duplicative and subsumed within the two allegations of negligence appearing directly before it: failure to have the horse under constant and effective control (¶9(a)) and failure to contain the horse (19(b)). WHEREFORE, Fullmer respectfully requests this Honorable Court sustain his Preliminary Objections, and strike Paragraph 9(c) from Nightingale's Complaint, with prejudice. SECOND PRELIMINARY OBJECTION: INSUFFICIENT SPECIFICITY 13. All foregoing paragraphs are incorporated herein by reference as if fully set forth at length. 14. Nightingale alleges that she sustained injuries, "which include but are not limited to" a fracture to her right humerus. Ex. A, ¶10. 15. Pa.R.C.P. 1028(a)(3) allows a party to file a preliminary objection when a pleading is insufficiently factually specific. 16. Nightingale's use of the overly broad, catch-all "including but not limited to" phrase is extremely prejudicial to Fullmer, as Nightingale may use this language to amend her damages claim long after the applicable Statute of Limitations has expired. 17. Pa.R.C.P. 1019(a) provides that a complaint must not only allege all the material facts upon which a cause of action lies, but it must plead each fact in a concise and summary form. Pa.R.C.P. 1019(a) has been interpreted to mean "that the complaint must not only apprise the defendant of an asserted claim, but it must also synopsize the essential facts to support the claim." Miketic v. Baron, 675 A.2d 234, 331 (Pa. Super. 1996). 18. Nightingale's averments of damages, like other allegations in the Complaint, are subject to scrutiny under the specificity requirements of Rule 1019(a) of the Pennsylvania Rules of Civil Procedure. See Commonwealth, DeD't of Transn v Shipley Humble Oil Co., 370 A.2d 438, 441 (Pa. Commw. 1977) ("Averments of damage may also be scrutinized under the specificity requirements of Rule 1019(a)."). 19. Such language is routinely stricken by Pennsylvania Courts of Common Pleas because of its lack of specificity as required for fact pleading under the Rules of Civil Procedure. See, e.g., Cicero v. Cominskv, 25 Pa. D.&C.4th 422 (Luzerne C.C.P. 1995)(language "including but not limited to" stricken); Kopan v. Hawk, 14 Pa. D.&C.2d 713 (Mercer C.C.P. 1958); L gcch v. Hoover, 3 Pa. D.&C.2d 686 (Dauphin C.C.P. 1955)("other injuries" stricken). WHEREFORE, Fullmer respectfully requests this Honorable Court sustain his Preliminary Objections, and strike the words "which include but are not limited to" from Nightingale's Complaint, with prejudice. THIRD PRELIMINARY OBJECTION: DEMURRER/INSUFFICIENT SPECIFICITY 20. All foregoing paragraphs are incorporated herein by reference as if fully set forth at length. 21. Nightingale baldly alleges that Fullmer's conduct was "wanton and reckless." Ex. A, ¶9. 22. A defendant acts recklessly when his conduct creates an unreasonable risk of physical harm to another and such risk is substantially greater than that which is necessary to make his conduct negligent. Phillips v. Cricket Lighters, 883 A.2d 439, 445-46 (Pa. 2005). 23. Under Pennsylvania law, recklessness requires a showing that the actor knew or had reason to know of facts which created a high degree of risk or physical harm to another and that the actor deliberately proceeded to act, or failed to act, in conscious disregard of, or indifference to, that risk. SHV Coal. Inc. v. Cont'l Grain Coo, 587 A.2d 702, 704 (Pa. 1991). 24. In the matter sub judice, Nightingale's Complaint is devoid of any facts demonstrating that Fullmer knew or had reason to know that his conduct created an unreasonable risk of physical harm to another or that such risk was substantially greater than that which is necessary to make his conduct negligent. 25. Even when read in the light most favorable to Nightingale, the factual allegations set forth in the Complaint support no more than a claim for ordinary negligence since she has failed to plead any facts which would support the allegation that Fullmer was reckless or wanton. WHEREFORE, Fullmer respectfully requests this Honorable Court sustain his Preliminary Objections, and strike the words "wanton and reckless" from Nightingale's Complaint, with prejudice. Respectfully submitted, THOMAS, THOMAS & HAFER., LLP Date: B \; ? J(fhn Flounlacker, Esquire Attorney I.D. # 73112 P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 898939.1 (717)237-7134 ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dluU@angino-rovner.com VICKI NIGHTINGALE, Plaintiff V. DEAN FULLMER d/b/a BLUE MOUNTAIN STOCK FARM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO DEFEND You. have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint 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 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 HIRIlVG A LAWYER 450966 'fk'tlE COPY- R0M.RECQRD In T tunor4Gwhdroef., he? unto set !^y hand and ifie seal ot'akFO?ut?atarit5le,1'a. EXHIBIT "?""°- Praftwwtary 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. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association, P.O. Box 186, Harrisburg, PA 17108 TELEPHONE 1-800-692-7375 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se persentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dfas despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de'un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecdones a , las demandas presentadas aquf en contra suya. Se le advierte de que si usted falla de tomar accibn como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier soma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Used puede perder dinero o propiedad u. otros derechos importantes para used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOCTAI50 D&IEDIATAMENTE. SI USED NO TIENE UN ABOGADO; LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE-PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS- SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER . INFORMACION SOBRE AGENCIAS QUE .OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association, P.O. Box 186, Harrisburg, PA 17108 TELEFONO 1-800-692-7375 450966 ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney iD# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com VICKI NIGHTINGALE, Plaintiff V. DEAN FULLMER d/b/a BLUE MOUNTAIN STOCK FARM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. CIVIL ACTION- LAW. JURY TRIAL DEMANDED COMPLAINT 1: Plaintiff Vicki Nightingale•is a citizen of the Commonwealth of Pennsylvania who resides in Harrisburg, Dauphin County, Pennsylvania. _ 2. Defendant Dean Fullmer d/b/a Blue Mountain Stock Farm is an adult individual and citizen of the Commonwealth of Pennsylvania. Mr. Fullmer operates Blue Mountain Stock Farm, a business located at 187 Newville Road, Newburg, Cumberland County, Pennsylvania, 17240. 3. 'The facts and occurrences hereinafter related took place on or about January 4, 2009, at Blue Mountain Stock Farm, located at 187 Newville Road in Newburg, Cumberland County. 4. , At that time and place, Plaintiff Vicki Nightingale was standing a few yards away from Mr. Fullmer while he was controlling a thoroughbred horse with a lead shank. 5. Mr. Fullmer held the lead shank for a lengthy period of time while the thoroughbred race horse was in a field with other thoroughbred race horses. 6. Mr. Fullmer lost control of the thoroughbred race horse. 450966 7. When Mr. Fullmer lost control of thoroughbred race horse, the horse ran into Ms. Nightingale. 8. Asa result of the horse running into Ms. Nightingale, she sustained personal injuries, particularly a fracture of her right humerus. 9 The foregoing collision with the thoroughbred race horse and all of the injuries set forth herein sustained by Plaintiff Vicki Nightingale are the direct and proximate result of the negligent, careless, wanton, and reckless conduct of Defendant Dean Fullmer, d/b/a Blue Mountain Stock Farm, as follows: a. failure to have thoroughbred race horse under constant and effective control; b. failure to contain a thoroughbred race horse; and c. trying to control a thoroughbred race horse with a lead shank in a field with other race horses. for too long of a time period when it was foreseeable that the thoroughbred race horse would want to run and not be restrained fora long period of time. 10. Plaintiff Vicki Nightingale sustained painful and severe injuries, which include but are not limited to, a proximal right humerus fracture requiring an open reduction internal fixation surgery. 11. As a result of the aforementioned injuries, Plaintiff Vicki Nightingale has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and permanent disfigurement, and claim is made therefor. 450966 2 12. Plaintiff Vicki Nightingale continues to be plagued by persistent pain -and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. 13. By reason of the aforesaid injuries sustained by Plaintiff Vicki Nightingale, she was forced to incur liability for medical treatment, therapy, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 14. Because of the nature of her injuries, Plaintiff Vicki Nightingale has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. WHEREFORE, Plaintiff Vicki Nightingale demands judgment against Defendant Dean Fullmer, d/b/a Blue Mountain Stock- Farm, in an amount in excess of Fifty Thousand Dollars ($50,000.00), exclusive of interest and costs and in excess-of any jurisdictional amount require compulsory arbitration. INO & ROVNER, P.C. IDILILutz PA T.D. No. 35956 4503, N. Front Street Harrisburg, PA 17110 (717) 2? 8-6791- phone (717) 23 8-5610 - fax dlutz@ angmo-rovner.com Attorney for Plaintiff Date: 450966 3 VERIFICATION I, Vicki Nightingale, Plaintiff, hereby verify that the facts set forth in the foregoing GOMPLAII??T` true and correct to the best of ray knowledge, information and belief. I understand that any false statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. WITNESS: Vicki Nghtingale Date: 450966 CERTIFICATE OF SERVICE I, Jeannie L. Kawalec, an employee for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the attached document(s) was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: By First Class U.S. Mail: David L. Lutz, Esquire 4503 North Front Street Harrisburg, PA 17110-1708 Dated: 1 l4 J THOMAS, THOMAS & HAFER, LLP Q? J9kme L. Kawalec 898939.1 -4-F F 'FILED { "ll? Ste'-- i?11 ?.r01 l ? Y 1 3 1 ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com VICKI NIGHTINGALE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. DEAN FULLMER d/b/a BLUE MOUNTAIN STOCK FARM, Defendant NO. 10-7619 CIVIL ACTION -- LAW JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO THE DEFENDANT'S PRELIMINARY OBJECTIONS AND NOW comes the Plaintiff, Vicki Nightingale, by and through her counsel, Angino & Rovner, P.C., and respectfully files this Response to the Defendant's Preliminary Objections to the Plaintiff's Complaint, as follows: 1. Admitted. 2. and 3. It is admitted that Ms. Nightingale has alleged that she was injured while on the Blue Mountain Stock Farm when Mr. Fullmer lost control of a thoroughbred race horse and the horse collided into Ms. Nightingale. Ms. Nightingale sustained injury when the horse knocked her down. 4. No response necessary. ORIGINAL 460271 5. Admitted. 6. Admitted. 7. It is admitted that Ms. Nightingale, as a business invitee of Blue Mountain Stock Farm, entrusted Mr. Fullmer to control a thoroughbred race horse with a lead shank. The Complaint avers that Mr. Fullmer lost control of the horse while he was under a duty to maintain control, causing Ms. Nightingale to sustain injury. 8. Admitted. 9. It is admitted that the Plaintiff's Complaint clearly sets forth a cause of action. Considering the allegations in the Plaintiff's Complaint as true, it is obvious that Mr. Fullmer, operating Blue Mountain Stock Farm, was under a duty to Ms. Nightingale, a business invitee, to control a thoroughbred race horse under his care and he failed to do so. As a result of Mr. Fullmer's negligence, Ms. Nightingale sustained injury as set forth in the Complaint. 10. and 11. Denied. After discovery is completed, it is anticipated that experts will be retained, probably for both the Plaintiff and Defendant. At trial, it will be for a jury to determine, based on the expert testimony and other evidence, whether Mr. Fullmer was negligent and whether his negligence was a factual cause of Ms. Nightingale's harm. More specifically, a jury could determine that Mr. Fullmer was negligent for failing to control a thoroughbred race horse, especially for such a long period of time when the subject thoroughbred race horse was in a field with other thoroughbred horses that were not being controlled. 12. Denied. Plaintiff's paragraph 9(b) of the Complaint alleges that Mr. Fullmer failed to contain and control a thoroughbred race horse, whereas paragraph 9(c) alleges that Mr. Fullmer failed to control the thoroughbred race horse for too long a period of time with a lead 460271 2 shank in a field with other race horses when it was foreseeable that the subject thoroughbred race horse would want to run with the other horses. WHEREFORE, considering the allegations set forth in the Plaintiff's Complaint as true, it is respectfully submitted that Defendant Fullmer's Preliminary Objections to strike paragraph 9(c) of the Plaintiff's Complaint be denied. Plaintiff's Response to the Defendant's Second Preliminary Objections 13. No response necessary. 14. Admitted. 15. Admitted. 16. Denied. As a practical matter, the Defendant will obtain the Plaintiff's relevant medical records and the medical records will confirm that as a result of a thoroughbred race horse colliding into Ms. Nightingale, she sustained a fracture of her right humerus requiring an open reduction internal fixation surgery. IT and 18. Plaintiffs Complaint complies with the Pennsylvania Rules of Civil Procedure and it is not insufficient or overbroad. The Plaintiffs Complaint advises the Defendant in a clear, concise, and summary form the allegations made upon the Defendant. 19. Denied. The damage claims set forth in the Plaintiffs Complaint complies with the Pennsylvania Rules of Civil Procedure and does not lack specificity. The Plaintiff's Complaint clearly provides the Defendant with notice that as a result of the thoroughbred horse being negligently controlled, Ms. Nightingale sustained a fractured right humerus requiring an open reduction internal fixation surgery. 460271 3 WHEREFORE, the Plaintiff respectfully requests that the Court deny the Defendant's Preliminary Objections and deny the Defendant's motion to strike any allegations contained in the Complaint. Plaintiff's Response to the Defendant's Third PreliminM Objection 20. No response necessary. 21. through 25. Plaintiff agrees that the Complaint. sounds in negligence and does not seek punitive damages. As a practical matter, after the Court rules upon the aforesaid Preliminary Objections, Plaintiff will file an Amended Complaint and will delete the words "wanton and reckless" from the Amended Complaint. WHEREFORE, the Plaintiff respectfully requests this Honorable Court deny the Defendant's Preliminary Objections, except that the Plaintiff agrees that once an Amended Complaint is filed, the Amended Complaint will not include the words "wanton and reckless." ANGINO & ROVNER, P.C. David L. Lutz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 23 8-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiff Date: 460271 4 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFF'S RESPONSE TO THE DEFENDANT'S PRELIMINARY OBJECTIONS upon all counsel of record via postage prepaid first class United States mail addressed as follows: John Flounlacker, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108-0999 Attorney for Defendant Mary eraets Dated: A' ?' 460271 (P l h PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) - -- - ------ - -- - -- - - --- - -- - -- - ------ - ------------- - -- - ------ - - --- --- ---- --- CAPTION OF CASE (entire caption must be stated in full) VICKI NIGHTINGALE, Plaintiff ? rri {-_ vs. ryl :0 6 DEAN FULLMER d/b/a, ; I BLUE MOUNTAIN STOCK FARM, ' C -a-t Defendant 10-7619 20 No 10 --- - =;TerC1T < . 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrei`to complaint, etc.): Defendant's Preliminary Objections to Plaintiffs Complaint 2. Identify all counsel who will argue cases: (a) for plaintiffs: David L. Lutz, Esquire, Angino & Rovner, P.C. (Name and Address) 4503 North Front Street, Harrisburg, PA 17110-1708 (b) for defendants: John Flounlacker, Esquire, Thomas, Thomas & Hafer, LLP (Name and Address) P.O. Box 999, Harrisburg, PA 17108-0999 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: March 25, 2011 Vf?.. gnature ?ohn Flounlacker, Esquire Print your name Defendant February 4, 2010 Attorney for Date: INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. A CERTIFICATE OF SERVICE I, Jeannie L. Kawalec, an employee for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the attached document(s) was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: By First Class U.S. Mail: David L. Lutz, Esquire 4503 North Front Street Harrisburg, PA 17110-1708 THOMAS, THOMAS & HAFER, LLP J annie L. Kawalec Dated: 2 John Flounlacker, Esquire THOMAS, THOMAS & HAFER, LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 (717)237-7134 PLED-OFFICE F T<<E PROTHONOTARY 2011 FES 25 AN 10: 1, 3 CUMBERLAND COUNTY Attorney for Defendant PENNSYLVANIA VICKI NIGHTINGALE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DEAN FULLMER d/b/a, BLUE MOUNTAIN STOCK FARM, Defendant NO. 10-7619 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO ISSUANCE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas, with copies of the subpoenas attached thereto, was mailed or delivered to each party; 2. A copy of the Notice of Intent, including the proposed subpoenas, is attached to this Certificate; 3. Plaintiff's counsel, David L. Lutz, Esquire, has waived the twenty days; 4. The subpoenas which will be served are identical to the subpoenas which are attached to the Notice of Intent to Serve Subpoenas. THOMAS, THOMAS & HAFER, LLP Date: February -V, 2011 By:. 090? JOHN FLOUNLACKER, ESQUIRE Attorney for Defendant John Flounlacker, Esquire THOMAS, THOMAS & HAFER, LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 (717)237-7134 VICKI NIGHTINGALE, Plaintiff V. DEAN FULLMER d/b/a, BLUE MOUNTAIN STOCK FARM, Defendant NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-7619 CIVIL ACTION -LAW JURY TRIAL DEMANDED TO: Counsel of Record Defendant, Dean Fullmer d/b/a, Blue Mountain Stock Farm, intends to serve subpoenas identical to the ones that are attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned any objections to these subpoenas. If no objections are made, the subpoenas will be served. THOMAS, THOMAS & HAFER, LLP Date: February ?, 2011 By: JOHN FLOUNLACKER Attorney for Defendant Dean Fullmer d/b/a Blue Mountain Stock Farm John Flounlacker, Esquire THOMAS, THOMAS & HAFER, LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 (717)237-7134 VICKI NIGHTINGALE, Plaintiff V. DEAN FULLMER d/b/a, BLUE MOUNTAIN STOCK FARM, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10-7619 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Penn State Hershey Medical Center, Health Information Services HU 24, 500 University Dr., P.O. Box 850, Hershey, PA 17033 Within twenty (20) days after service of this subp following documents or things: a complete copy Nightingale (DOB: 01/29/1949, SSN: 110-40-8506 records, evaluations, consultation reports, nursing summaries, records of other health care providers, medical bills from 1999 to the present. Dena, you are ordered by the court to produce the . of all medical records pertaining to Vicki J. i including but not limited to: emergency department notes, therapy notes, progress notes, discharge reports of diagnostic studies, correspondence and You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John Flounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7134 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendant Dean Fullmer d/b/a Blue Mountain Stock Farm DATE: Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Division Deputy John Flounlacker, Esquire THOMAS, THOMAS & HAFER, LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 (717)237-7134 VICKI NIGHTINGALE, Plaintiff V. DEAN FULLMER d/b/a, BLUE MOUNTAIN STOCK FARM, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-7619 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Madden Physical Therapy, 5425 Jonestown Road, Harrisburg, PA 17112 Within twenty (20) days after service of this subp following documents or things: a complete cop} Nightingale (DOB: 01/29/1949; SSN: 110-40-8506' records, evaluations, consultation reports, nursing summaries, records of other health care providers, medical bills from 1999 to the present. oena, you are ordered by the court to produce the of all medical records pertaining to Vicki J. i includine but not limited to: emergency department notes, therapy notes, progress notes, discharge reports of diagnostic studies, correspondence and You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John Flounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7134 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendant Dean Fullmer d/b/a Blue Mountain Stock Farm DATE: Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Division Deputy John Flounlacker, Esquire THOMAS, THOMAS & HAFER, LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 (717)237-7134 VICKI NIGHTINGALE, Plaintiff V. DEAN FULLMER d/b/a, BLUE MOUNTAIN STOCK FARM, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-7619 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: University Physicians Group, 121 Nyes Road, Suite A, Harrisburg, PA 17112 Within twenty (20) days after service of this subp following documents or things: a complete copy Nightingale (DOB: 01/29/1949; SSN: 110-40-8506 records, evaluations, consultation reports, nursin€ summaries, records of other health care providers, medical bills from 1999 to the present. Dena, you are ordered by the court to produce the . of all medical records pertaining to Vicki J. including but not limited to: emergency department notes, therapy notes, progress notes, discharge reports of diagnostic studies, correspondence and You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John Flounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7134 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendant Dean Fullmer d/b/a Blue Mountain Stock Farm BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy John Flounlacker, Esquire THOMAS, THOMAS R HAFER, LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 (717)237-7134 VICKI NIGHTINGALE, Plaintiff V. DEAN FULLMER d/b/a, BLUE MOUNTAIN STOCK FARM, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-7619 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Eliehmark Blue Shield, 1800 Center Street, Enola, PA 17025 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of all information pertaining to Vicki J. NiLhtinule (DOB: 01/29/1949, SSN: 110-40-8506: ID #114778676001; Group #02980567) includinsz but not limited to: claim forms, medical records, medical reports, recorded statements, photographs, bills, memos, notes and correspondence. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John Flounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7134 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendant Dean Fullmer d/b/a Blue Mountain Stock Farm BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy John Flounlacker, Esquire THOMAS, THOMAS & HAFER, LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 (717)237-7134 VICKI NIGHTINGALE, Plaintiff V. DEAN FULLMER d/b/a, BLUE MOUNTAIN STOCK FARM, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-7619 CIVIL ACTION - LAW : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CIGNA, P.O. Box 188007, Chattanooga, TN 37422-8007 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of all information pertaining to Vicki J. Nightingale (DOB: 01/29/1949; SSN: 110-40-8506; Plan Name: WR Berkley Corp.) including but not limited to: claim forms, medical records, medical reports, recorded statements, photographs, bills memos notes and correspondence. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John Flounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7134 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendant Dean Fullmer d/b/a Blue Mountain Stock Farm DATE: Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Division Deputy John Flounlacker, Esquire THOMAS, THOMAS & HAFER, LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 (717)237-7134 VICKI NIGHTINGALE, Plaintiff V. DEAN FULLMER d/b/a, BLUE MOUNTAIN STOCK FARM, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-7619 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: TD Bank, 901 Main Street, Harrisburg, PA 17113-3105 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of all records pertaining to Vicki J. Nightingale (DOB: 01/29/1949: SSN: 110-40-8506; Plan Name: " Berkley Corp.) including but not limited to: employment application, wage/income records, attendance records, sickness and accident information, benefit records, claim forms, workers compensation records, doctors' excuses, performance evaluations correspondence, and memoranda. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John Flounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7134 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendant Dean Fullmer d/b/a Blue Mountain Stock Farm BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy John Flounlacker, Esquire THOMAS, THOMAS & HAFER, LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 (717)237-7134 VICKI NIGHTINGALE, Plaintiff V. DEAN FULLMER d/b/a, BLUE MOUNTAIN STOCK FARM, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-7619 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Berkley Mid-Atlantic, 75 S. Houcks Rd., Suite 202, Harrisburg, PA 17109 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of all records pertaining to Vicki J. Nightingale (DOB: 01/29/1949; SSN: 11040-8506; Plan Name: WR Berkley Corp.) including but not limited to: employment application, wage/income records, attendance records, sickness and accident information, benefit records, claim forms, workers compensation records, doctors' excuses, performance evaluations, correspondence, and memoranda. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John Flounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7134 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendant Dean Fullmer d/b/a Blue Mountain Stock Farm BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE V AND NOW, this 6- day of February, 2011, I, DEENA B. MORRISON, a Paralegal in the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: David L. Lutz, Esquire 4503 North Front Street Harrisburg, PA 17110-1708 Deena B. Morris n, Paralegal 908704.1 ngino-rovner Iac NORTH FRONT STREET HARRISBURG, PA 17110-1799 PHONE: (717) 238-6791 FAX: (717) 238-5610 www.angino-rovner.com E-mail: dlutz@angino-rovner.com February 16, 2011 John Flounlacker, Esquire Thomas, Thomas and Hafer 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108 Re: Nightingale v. Fullmer Dear John: RICHARD C. ANGINO NEIL I ROVNER DAVID L. LUTZ MICHAEL E. KOSIK RICHARD A. SADLOCK LISA M. B. WOODBURN DARVL E. CHRISTOPHER Receipt of your Notice of Intent to Serve Subpoenas dated February 15, 2011, is acknowledged. Enclosed is my executed form. Please be advised that I waive the 20 days. Please send me copies of any and all documents you receive in response to your Subpoenas. Thank you. Very truly yours, 4??t David L. Lutz /mtg Enclosure 462113 THOMAS, THOMAS & HAFER LLP Marc F. Greenfield, Esquire Page 2 I, David L. Lutz, Esquire, counsel for Plaintiff, do hereby agree to waive the 20 Day Notice of Intent rule, allowing counsel for Defendant to issue subpoenas to: • Penn State Hershey Medical Center • Madden Physical Therapy • University Physicians Group • Highmark Blue Shield • CIGNA • TD Bank • Berkley Mid-Atlantic DATE: -r b , 2011 0 D L. Lutz, Esquire John Flounlacker, Esquire THOMAS, THOMAS & HAFER, LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 (717)237-7134 Attorney for Defendant VICKI NIGHTINGALE, Plaintiff V. DEAN FULLMER d/b/a, BLUE MOUNTAIN STOCK FARM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10-7619 : CIVIL ACTION -LAW : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this -:V day of February, 2011, I, DEENA B. MORRISON, a Paralegal in the law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: David L. Lutz, Esquire 4503 North Front Street Harrisburg, PA 17110-1708 2_ Deena B. Morrison, Paralegal 912781.1 ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com VICKI NIGHTINGALE, Plaintiff V. DEAN FULLMER d/b/a BLUE MOUNTAIN STOCK FARM, Defendant 2011 MAR 29 Ail 11: 30 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 10-7619 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT DEAN FULLMER SET NO. 3 To: Defendant Dean Fullmer, by and through counsel, John Flounlacker, Esquire Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure (Federal Rules of Civil Procedure 36), to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 1. Do you admit that while Vicki Nightingale was at the Blue Mountain Stock Farm on January 4, 2009, you were controlling a thoroughbred race horse with a lead shank? Admit 466224 Deny ORIGINAL 2. Do you admit that while Vicki Nightingale was at Blue Mountain Stock Farm on January 4, 2009, you were responsible for controlling a thoroughbred race horse with a lead shank? Admit Deny 3. Do you admit that while Vicki Nightingale was at Blue Mountain Stock Farm on January 4, 2009, a thoroughbred race horse ran into Vicki Nightingale? Admit Deny ANGINO & ROVNER, P.C. D L. Lutz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiff Date: 466224 v w CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT DEAN FULLMER - SET NO. 3 upon all counsel of record via postage prepaid first class United States mail addressed as follows: John Flounlacker, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108-0999 Attorney for Defendant Dated: ?10 ? 466224 1=.IL ED-OFFICE ';= TEST PROTHON,01rP, ' v! I ?APR 28 PM 12:03 CUMBERLAND COUNT`' PENNSYLVANIA ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com VICKI NIGHTINGALE, Plaintiff V. DEAN FULLMER d/b/a BLUE MOUNTAIN STOCK FARM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 10-7619 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint 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 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. ORIGINAL 469048 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. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association, P.O. Box 186, Harrisburg, PA 17108 TELEPHONE 1-800-692-7375 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se persentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a , las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes para used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association, P.O. Box 186, Harrisburg, PA 17108 TELEFONO 1-800-692-7375 469048 ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com VICKI NIGHTINGALE, Plaintiff V. DEAN FULLMER d/b/a BLUE MOUNTAIN STOCK FARM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 10-7619 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED AMENDED COMPLAINT 1. Plaintiff Vicki Nightingale is a citizen of the Commonwealth of Pennsylvania who resides in Harrisburg, Dauphin County, Pennsylvania. 2. Defendant Dean Fullmer d/b/a Blue Mountain Stock Farm is an adult individual and citizen of the Commonwealth of Pennsylvania. Mr. Fullmer operates Blue Mountain Stock Farm, a business located at 187 Newville Road, Newburg, Cumberland County, Pennsylvania, 17240. 3. The facts and occurrences hereinafter related took place on or about January 4, 2009, at Blue Mountain Stock Farm, located at 187 Newville Road in Newburg, Cumberland County. 4. At that time and place, Plaintiff Vicki Nightingale was standing a few yards away from Mr. Fullmer while he was controlling a thoroughbred horse with a lead shank. 5. Mr. Fullmer held the lead shank for a lengthy period of time while the thoroughbred race horse was in a field with other thoroughbred race horses. 6. Mr. Fullmer lost control of the thoroughbred race horse. 469048 7. When Mr. Fullmer lost control of thoroughbred race horse, the horse ran into Ms. Nightingale. 8. As a result of the horse running into Ms. Nightingale, she sustained personal injuries, particularly a fracture of her right humerus. 9. The foregoing collision with the thoroughbred race horse and all of the injuries set forth herein sustained by Plaintiff Vicki Nightingale are the direct and proximate result of the negligent and careless conduct of Defendant Dean Fullmer, d/b/a Blue Mountain Stock Farm, as follows: a. failure to have thoroughbred race horse under constant and effective control; b. failure to contain a thoroughbred race horse; and c. trying to control a thoroughbred race horse with a lead shank in a field with other race horses for too long of a time period when it was foreseeable that the thoroughbred race horse would want to run and not be restrained for a long period of time. 10. Plaintiff Vicki Nightingale sustained painful and severe injuries, which include but are not limited to, a proximal right humerus fracture requiring an open reduction internal fixation surgery. 11. As a result of the aforementioned injuries, Plaintiff Vicki Nightingale has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and permanent disfigurement, and claim is made therefor. 469048 2 12. Plaintiff Vicki Nightingale continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. 13. By reason of the aforesaid injuries sustained by Plaintiff Vicki Nightingale, she was forced to incur liability for medical treatment, therapy, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 14. Because of the nature of her injuries, Plaintiff Vicki Nightingale has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. WHEREFORE, Plaintiff Vicki Nightingale demands judgment against Defendant Dean Fullmer, d/b/a Blue Mountain Stock Farm, in an amount in excess of Fifty Thousand Dollars ($50,000.00), exclusive of interest and costs and in excess of any jurisdictional amount require compulsory arbitration. Date: -\'0'- ? ANGINO & ROVNER, P.C. ,at David L. Lutz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiff 469048 3 ATTORNEY VERIFICATION I, David L. Lutz, Esquire, do swear and affirm that the facts set forth in the foregoing AMENDED COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of the Rules of Civil Procedure relating to unsworn falsification to authorities. ANGINO & ROVNER, P.C. David L. Lutz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com J i? l Attorney for Plaintiff Date: 469048 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the AMENDED COMPLAINT upon all counsel of record via postage prepaid first class United States mail addressed as follows: John Flounlacker, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108-0999 Attorney for Defendant Dated: ? 41 -1 469048 John Flounlacker, Esquire THOMAS, THOMAS & HAFER, LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 (717)237-7134 F11 ED-Of F ICE Z`: r Ti A THCNOTAN r 2fl3I JIM 11 PH 3.29 ,UVIBERL AND COUNTY Attorney for Defendant pENNgYEVANIA VICKI NIGHTINGALE, Plaintiff V. DEAN FULLMER d/b/a, BLUE MOUNTAIN STOCK FARM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10-7619 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO ISSUANCE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoena, with a copy of the subpoena attached thereto, was mailed or delivered to each parry; 2. A copy of the Notice of Intent, including the proposed subpoena, is attached to this Certificate; 3. Twenty (20) days have elapsed and no objections have been filed. 4. The subpoena which will be served is identical to the subpoena which is attached to the Notice of Intent to Serve Subpoenas. THOMAS, THOMAS & HAFER, LLP Date: June 16, 2011 By: 9-0 ` ?r 'JOHN FLOUNLACKER, ESQUIRE Attorney for Defendant John Flounlacker, Esquire THOMAS, THOMAS & HAFER, LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 (717)237-7134 Attorneys for Defendant VICKI NIGHTINGALE, Plaintiff V. DEAN FULLMER d/b/a, BLUE MOUNTAIN STOCK FARM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-7619 CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Counsel of Record Defendant, Dean Fullmer d/b/a, Blue Mountain Stock Farm, 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 this subpoena. If no objections are made, the subpoena will be served. THOMAS, THOMAS & HAFER, LLP Date: May 18, 2011 By: JOHN FLOUNLACKER Attorney for Defendant Dean Fullmer d/b/a Blue Mountain Stock Farm John Flounlacker, Esquire THOMAS, THOMAS & HAFER, LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 (717)237-7134 VICKI NIGHTINGALE, Plaintiff V. DEAN FULLMER d/b/a, BLUE MOUNTAIN STOCK FARM, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10-7619 : CIVIL ACTION -LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: State Auto Insurance Companies, PO Box 2006, Mechanicsburg, PA 17055 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of all records pertaining to Vicld J. Nightingale (DOB: 01/29/1949• SSN• 110-40-8506) including but not limited to: employment application, wage/income records attendance records sickness and accident information, benefit records, claim forms, workers compensation records doctors' excuses performance evaluations correspondence, and memoranda. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John Flounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7134 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendant Dean Fullmer d/b/a Blue Mountain Stock Farm BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE AND NOW, this 2p'=' day of May, 2011, I, DEENA B. MORRISON, a Paralegal in the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: David L. Lutz, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110-1708 Deena B. Morrison, Paralegal 908704.2 John Flounlacker, Esquire THOMAS, THOMAS & HAFER, LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 (717)237-7134 Attorney for Defendant VICKI NIGHTINGALE, IN THE COURT OF COMMON PLEAS Plaintiff V. DEAN FULLMER d/b/a, BLUE MOUNTAIN STOCK FARM, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10-7619 CIVIL ACTION - LAW : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 16th day of June 2011, I, DEENA B. MORRISON, a Paralegal in the law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: David L. Lutz, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110-1708 Deena B. Morrison, Paral al 957552.1 TAE PR0THON?) TAR2011 NOV 17 PM 3: 114 CUMBERLAND COUNTY PENNSYLVANIA ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID4 : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) F-mail: dlutz(,-a),angino-rovner.com VICKI NIGHTINGALE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. I NO. 10-7619 DEAN FULLMER d/b/a BLUE CIVIL ACTION - LAW MOUNTAIN STOCK FARM, Defendant JURY TRIAL DEMANDED PLAINTIFF' S REQUEST FOR ADMISSIONS TO DEFENDANT DEAN FULLMER - SET No a To: Defendant Dean Fullmer, by and through counsel, John Flounlacker, Esquire Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure, to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 485004 ORIGINAL I . Do you admit that Plaintiff Vicki Nightingale's recoverable medical expenses, as evidenced by Exhibit A attached hereto, total $18,197.40 as a result of the fall of January 4, 2009? Admit Deny ANGINO & ROVNER, P.C. Id Lutz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiff Date: 495004 MEDICAL BILL SUMMARY VICKI NIGHTINGALE DATE OF ACCIDENT: 1/4/09 - DATE OF PROVIDER AMOUNT BLUE CLIENT WRITE/ BALANCE SERVICE BILLED SHETLD OFF /04!09 01 alit HMC Fa y $3,104.80 $41.1.91 $1,600.00 $1,092.89 $0.00 /1 3/09 . 01 liti Fac HMC 8.00 ? $1 $102.38 t - $55.62 $0.00 01/20/09 y HMC Facilit i k $179.00 y $115.99 $63.01 $0.00 01/21/09 HMC Facility $300.00 $194.40 $105.60 $0.00 01/22/09 HMC Facility $17,108.09 $11,086.04 $6,022.05 $0.00 03/03/09 HMC Facility $179.00 $115.99 $63.01 $0.00 04/21/09 HMC Facility $179.00 $115.99 $63.01 $0.00 01/04/09 HMC Physician $319.00 + $61.00 $258.00 $0.00 01/04/09 - - HMC Physician - --_ $68.00 $15.00 $53.00 $0.00 01/04/09 HMC Physician $66.00 $13.00 $53.00 $0.00 - 01/04/09 -- - H M C Physician $58.00 $15.00 $43.00 $0.00 01/04/09 HMC Physician $310.00 $41.00 $269.00 $0.00 01/04/09 HMC Physician $410.00 $63.00 $347.00 $0.00 01/04/09 HMC Physician $150.00 $75.00 $75.00 $0.00 01/13/09 HMC Physician . $152.00 $29.00 $35.00 $88.00 $0.00 01/13109 HMC Physician $58.00 $15.00 $43.00 $0.00 01/20/09 HMC Physician $152.00 $29.00 $35.00 $88.00 $0.00 01/20/09 HMC Physician $68.00 - $15.00 $53.00 $0.00 01/21/09 HMC Physician $80.00 $12.18 $67.82 $0.00 01/22/09 HMC Physician $484.00 $107.33 $376.67 $0.00 01/22/09 HMC Physician $66-60, $13.00 $53.00 $0.00 01/22/09 - HMC Physician $4,061.00 -- $840.00 - - - $3,221.00 $0.00 01/22/09 'H MC Physician $2,289.00 $1,155.00 $1,134.00 $0.00 03/03/09 HMC Physician $68.00 $15.00 $53.00 $0.00 04/21/09 HMC Physician $68.00 $15.00 $53.00 $0.00 08/10/09 HMC Physician $156.00 $69.00 $20.00 $67.00 $0.00 08/10/09 HMC Physician $262.00 $37.00 - $225.00 $0.00 08/10/09 HMC Physician $209.00 $37.00 $172.00 $0.00 03/10/09 Madden Physical Therapy $40.00 $23.50 _ $16.50 $0.00 03/10/09 Madden Physical Therapy $40.00 $23.50 $16.50 $0.00 03/10/09 Madden Physical Therapy $94.00 $32.73 $35.00 $26.27 $0.00 03/12/09 Madden Physical Therapy $80.00 -- $35.50 - $11.50 $33.00 $0.00 03/12/09 Madden Physical Therapy $40.00 $23.50 $16.50 $0.00 03/16/09 Madden Physical Therapy $80.00 $35.50 $11.50 $33.00 $0.00 03/16/09 Madden Physical Therapy $40.00 $23.50 $16.50 $0.00 03/19/09 Madden Physical Therapy $120.00 $59.00 $11.50 $49.50 $0.00 03/19/09 Madden Physical Therapy $40.00 $23.50 - $16.50 $0.00 03/20/09 Madden Physical Therapy $120.00 $59.00 $11.50 $49.50 $0.00 03/20/09 Madden Physical Therapy $40.00 $23.50 $16.50 $0.00 03/24/09 Madden Physical Therapy $120.00 $59.00 $11.50 $49.50 $0.00 03/24/09 Madden Physical Therapy $40.00 $23.50 $16.50 $0.00 03/26/09 Madden Physical Therapy $120.00 $59.00 $11.50 $49.50 $0.00 03/26/09 Madden Physical Therapy $40.00 $23.50 $16.50 $0.00 03/31/09 Madden Physical Therapy $80.00 $35.50 $11.50 ` $33.00 $0.00 03/31/09 (Madden Physical Therapy $40.00 $23.50 $16.50 $0.00 04/02/09 Madden Physical Therapy $80.00 $35.50 $11.50 $33.00 $0.00 04/02/09 Madden Physical Therapy $40.00 $23.50 $16.50 $0.00 453050_1.XLS Updated: 11/14/2011 '???j Page 1 DATE OF SERVICE PROVIDER AMOUNT BILLED BLUE SHEILD CLIENT WRITE/ OFF BALANCE 04/08!09 Madden Physical Therapy $120.00 .0 $59.0 $11.50 $49.50 $0.00 04/08/09 Madden Physical Therapy - $40.00 $23.50 $16.50 $0.00 04/13/09 Madden Physical Therapy $120.00 $59.00 $11.50 $49.50 $0.00 04/13/09 Madden Physical Therapy $40.00 $23.50 $16.50 $0.00 04/14/09 'Madden Physical Therapy $80.00 $47.00 $33.00 $0.00 04/14/09 Madden Physical Therapy $40.00 $13.98 $9.52 $16.50 $0.00 04/14/09 'Madden Physical Therapy $50.00 $25.48 $24.52 $0.00 04/24/09 Madden Physical Therapy $120.00 } $59.00 $11.50 $49.50 $0.00 04/24/09 Madden Physical Therapy $40.00 $23.50 $16.50 $0.00 04/28/09 Madden Physical Therapy $120.00 $35.50 $35.00 $49.50 $0.00 04/28/09 Madden Physical Therapy $40.00 $23.50 $16.50 $0.00 04130109 madden Physical Therapy - $120.00 $59.00 $11.50 $49.50 $0.00 04/30/09 Madden Physical Therapy $40.00 $23.50 $16.50 $0.00 05/05/09 Madden Physical Therapy $120.00 $59.00 $11.50 $49.50 $0.00 05/05/09 Madden Physical Therapy $40.00 $23.50 $16.50 $0.00 05/07/09 - Madden Physical Therapy $80.00 $3.5.5.0 $11.50 $33.00 $0.00 05/07/09 Madden Physical Therapy $40.00 $23.50 $16.50 $0.00 05/12/09 Madden Physical Therapy $120.00 $59.00 $11.50 $49.50 $0.00 05/12/09 _ Madden Physical Therapy $40.00 $23.50 $16.50 $0.00 05/15/09 Madden Physical Therapy $120.00 $70.50 $49.50 $0.00 05/15/09 Madden Physical Therapy $50.00 $1.98 $48.02 $0.00 05/15/09 Madden Physical Thera $40.00 $13.98 $9.52 $16.50 $0.00 TOTAL $33,675.89 $15,889.40 $2,308.00 $15,478.49 $0.00_ 453050_1.XLS Updated: 11/14/2011 Page 2 C CERTIFICATE, OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT DEAN FULLMER - SET NO. 4 upon all counsel of record via postage prepaid first class United States mail addressed as follows: John Flounlacker, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108-0999 Attorney for Defendant 1 Mary T. 'eraets Dated: 1I''k'J? 495004 A ?3 a. " ERLAND tr'U NT: . + r? ? VA _rrJ ? ? N1A ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutznangino-rovner.com VICKI NIGHTINGALE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. DEAN FULLMER d/b/a BLUE MOUNTAIN STOCK FARM, Defendant NO. 10-7619 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT DEAN FULLMER - SET NO. 5 To: Defendant Dean Fullmer, by and through counsel, John Flounlacker, Esquire Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure, to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 485784 I . Do you admit that the aerial photographs, attached hereto as Exhibit A, depicts an aerial view of the Blue Mountain Stock Farm located at 187 Newville Road in Newburg, Pennsylvania? Admit Deny ANGINO & ROVNER, P.C. David -t. Lutz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com \ Attorney for Plaintiff Date: 485784 w 4;f low 'Live e y ._ t t+ r a J !fyR $!Mw CDI v i i + ? a G+ rii3 { i i r CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT DEAN FULLMER - SET NO.5 upon all counsel of record via postage prepaid first class United States mail addressed as follows: John Flounlacker, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108-0999 Attorney for Defendant I ti Mary T. raets Dated: [t- Y ?/?k 485784 R 2012 FEB - 9 Ate It: 414 CUMBERLAND oUxr?? NIA ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (71'1) 238-5610 Attorneys for Plaintiff E-mail: dlutz as angino-rovner.com VICKI NIGHTINGALE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. DEAN FULLMER d/b/a BLUE MOUNTAIN STOCK FARM, Defendant NO. 10-7619 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE, SETTLE AND END TO THE PROTHONOTARY: Please mark the above-captioned action as settled, satisfied, and discontinued, and issue a Certificate of Settlement. Date: 0 1 bg 1 a? I a' 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiff AN 1NO & ROVNER, P.C. .Lutz aPA I.D. No. 35956 491832 CERTIFICATE OF SERVICE I, Melinda L. Spicher, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFF'S PRAECIPE TO DISCONTINUE, SETTLE AND END upon all counsel of record via postage prepaid first class United States mail addressed as follows: John Flounlacker, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108-0999 Attorney for Defendant Dated: 6 ?- 6? 1 ?o i Melinda L. Spicher 491832