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HomeMy WebLinkAbout04-3431 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW REBECCA D. PAUTZ and THOMAS M. PAUTZ, wife and husband, 4721 East Trindle Road Mechanicsburg, PA 17055 Plaintiffs, v. ERIC R. ANDERSON, individually 705 Shady Lane Enola, P A 17025 and API INVESTIGATIONS, INC., a Pennsylvania business corporation, New Valley Road PO Box 129 Marysville, P A 17053 Defendants. No.: :(001./- 31./3/ (I.' ~ i/ PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a writ of summons in the above-captioned action. Writ of Summons shall be issued and forwarded to Sheriff. Dated: 7 (/ :510 '1 91421 Respectfully submitted, LATSHA DAVIS YOHE & MCKENNA, P.c. B obert Louis Frey, Jr. Attorney I. D. No. 87299 P. O. Box 825 Harrisburg, P A 17108-0825 (717) 761-1880 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW REBECCA D. PAUTZ and THOMAS M. PAUTZ, wife and husband, 4721 East Trindle Road Mechanicsburg, PA 17055 Plaintiffs, No.: oL/ - 3l/3/ C,l vi { v. ERIC R. ANDERSON, individually 705 Shady Lane Enola, PA 17025 and API INVESTIGATIONS, INc., a Pennsylyania business corporation, New Valley Road PO Box 129 Marysville, PA 17053 Defendants. WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE HEREBY NOTIFIED THAT THE ABOVE NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Dated~ 1<;' JOOV Curt Long, Prothonotary By ,,~nAli..ft ~ . /Vg~eputy Seal of the Court 91421 "" (:) U\ ~ 1"C '-;\ = v,' V\, uJ ;:, I,j) c ~ G5 LJ.l :s.,.. :J-:> -SI .~ ~. @ r--' C~, c,~.:: ~,~.~, ~.,~~ I ., --'- (-' . ,,", ro." \.L) SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-03431 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PAUTZ REBECCA D ET AL VS ANDERSON ERIC R ET AL 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: API INVESTIGATIONS INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within WRIT OF SUMMONS On July 26th , 2004 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge Dep Perry County 6.00 9.00 10.00 35.00 .00 60.00 07/26/2004 LATSHA DAVIS so~~ " c;;~~ .~~~/ R. Thomas Kline Sheriff of Cumberland County YOHE MCKENNA Sworn and subscribed to before me this 18:: day of aur~.J-' d01J '{ A.D. n"1" 0 71vl',.., ,J,.U:; \, ! Prothonotary I ' In The Court of Common Pleas of Cumberland County, Pennsylvania Rebecca D. Pautz et al VS. Eric R. Anderson et al SERVE: API Investigations, Inc No. 04-3431 civil Now, July 16, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ..."., / , Y.4/.' .r~~.f..r?~~ Sheriff of Cumberland County, P A Affidavit of Service Now, July 21, , 20~, at 10: 40 o'clock A M. served the within Writ of Summons upon API Investigations, Inc. at 1@10 Flowers Lane Marysville, PA '17053 (Rye Twp) by handing to Julie Myers, Office Manager a True & Attested copy of the original Wri t of Summons and made known to her the contents thereof So answers, Donald E. J;m' th Q.,~...~ . C' . Dep. Sheriff of p~y ~ Chief Sworn and subscribed before me this';;;!Yr day of .::r1A"{ , 20.2!L. ~at4tJ.Ad-1. i-AJL-rt~ , 0 - IlOTARIAL SEAL I lIMtIMET F. FUCIOflGER,llOINIY PlJllLIC Il.OOMFlEUl BORQ., PERRY COUNTY . IIY COMMlSSlOll EXI'IRES FEB. 16, 2001 COSTS SERVICE MILEAGE AFFIDAVIT $ $ SHERIFF'S RETURN - REGULAR CASE NO: 2004-03431 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PAUTZ REBECCA D ET AL VS ANDERSON ERIC R ET AL RON KERR Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon ANDERSON ERIC R the DEFENDANT at 0858:00 HOURS, on the 22nd day of July , 2004 at 80 REGENCY SOUTH CARLISLE, PA 17013 by handing to ERIC R ANDERSON a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavi t Surcharge So Answers: 18.00 11.10 .00 10.00 .00 39.10 r~~ R. Thomas Kline Sworn and Subscribed to before me this 'I ~ day of ~ ..2co't _ A.D. C )'1'" Q Ih<.p{), , ,IlIAf. /Prothonotary f7 07/26/2004 LATSHA DAVIS YOHE MCKENNA ~t~~;iff By: Stephen E. Geduldig, Esquire Attorney 1.0. No. 43530 Crystal H. Williamson, Esquire Attorney 1.0, No, 91069 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 (717) 237-7119 FAX (717) 237-7105 E-Mail: saeduldia@tthlaw.com Attorneys for Defendants: ERIC R. ANDERSON and API INVESTIGATIONS, INC. REBECCA D. PAUTZ and THOMAS M. PAUTZ, wife and husband, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. CIVIL ACTION - LAW NO. 04-3431 CIVIL ERIC R. ANDERSON, individually: and API INVESTIGATIONS, INC., a Pennsylvania Business Corporation, Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Stephen E. Geduldig, Esquire, Crystal H. Williamson, Esquire, and Thomas, Thomas & Hafer, LLP, as attorneys for Defendants, Eric R. Anderson and API Investigations, Inc., in the above-captioned matter, reserving our right to answer or otherwise plead to Plaintiffs' Complaint. Respectfully submitted, THOl~S & HAFER, LLP ,~./ fi. \_, L~'/ -..-.---------.,1 STEPH E. GEDULDIG, ESQUIRE Attorney I.D. No. 43530 CRYSTAL H. \~ILLIAMSON, ESQUIRE Attorney I.D. No. 91069 Attorneys for Defendants, ERIC R. ANDERSON and API INVESTIGATIONS, INC. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the /S!- day of February, 2005, on all counsel of record as follows: Robert Louis Frey, Jr., Esquire LATSHA DAVIS YOHE & McKENNA Post Office Box 825 Harrisburg, PA 17108-0825 Attorneys for Plaintiffs 337907.1 THOMAS & HAFER, LLP ~(( (L'~ .~j ..,\ \ r<) c;:? - Stephen E. Gedufdig, Esquire Attorney LD. No. 43530 Crystal H. Williamson, Esquire Attorney LD, No. 91069 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 (717) 237-7119 FAX (717) 237-7105 E-Mail: saeduldia@tthlaw.com Attorneys for Defendants: ERIC R. A~IDERSON and API INVESTIGATIONS, INC. REBECCA D. PAUTZ and THOMAS M. PAUTZ, wife and husband, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW v. NO. 04-3431 CIVIL ERIC R. ANDERSON, individually and API INVESTIGATIONS, INC., a Pennsylvania Business Corporation, Defendants JURY TRIAL DEMANDED PRAECIPE AND RULE TO FILE A COMPLAINT TO THE PROTHONOTARY OF SAID COURT: Please issue a Rule on Plaintiffs to file a Complaint in the above case within twenty (20) days after service of the Rule or suffer a judgment of non pros. T~S, THOMAS & HAFER, LLP (/ i ,/) 'Lf . / ", . //7, ~ . / C..0""__ STEPHE ' E. GEDUlDIG, ESQUIRE Attorney ,D. No. 43530 CRYSTAL H. WilLIAMSON, ESQUIRE Attorney 1.0. No. 91069 Attorneys for Defendant Certified Carpet Service, Inc. RULE NOW, h<.~. J... , 2005, RULE IS ISSUED AS aVE. Qt A/J-hLl' rothonotary )~- ~ CERTIFICATE OF SERVICE 1 hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on 1:;+ the / day of February, 2005, on all counsel of record as follows: Robert Louis Frey, Jr., Esquire LATSHA DAVIS YOHE & McKENNA Post Office Box 825 Harrisburg, PA 17108-0825 Attorneys for Plaintiffs THOfJIAS, THOMAS & HAFER, LLP / i ( f' Crystal H. c-, -;\ ~n I \'...;) c-::) THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 (717) 237-7100 Attorneys for Defendants: ERIC R. ANDERSON and API INVESTIGATIONS, INC. REBECCA D. PAUTZ and THOMAS M. PAUTZ, wife and husband, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW v. ERIC R. ANDERSON, individually and API INVESTIGATIONS, INC., a Pennsylvania Business Corp., Defendants NO. 04-3431 CIVIL To: Rebecca D. Pautz and Thomas M. Pautz c/o Robert Louis Frey, Esquire Latshaw, Davis, Y ohe & McKenna P.O. Box 825 Harrisburg, P A 17108-0825 Date of Notice: April 22, 2005 IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Dauphin County Lawyer Referral Service 213 North Front Street Harrisburg,PA 17101 (717) 232-7536 i Signatur( ,/ ( '{)/("... - Cryst H. Williamson, Esq. Attorney LD. No.: 91069 305 North Front Street P.O. Box 999 Harrisburg, P A 17108-0999 Attorney for: Defendant 717-237-7103 "'"'~"~-"-'----i CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the 22 day of April, 2005, on all counsel of record as follows: Robert Louis Frey, Jr., Esquire LATSHA DAVIS YOHE & McKENNA Post Office Box 825 Harrisburg, P A 17108-0825 Attorneys for Plaintiffs THOMAS, THOMAS & HAFER, LLP , ~_, [(10 17c( l----~________~ Crystal M. Williamson, Esquire 353500,[ o s: ;f~ ~,(: '"'7"_:-' ::':::~ I', (/) it~ " 5'~~: ;,;..:;<: ~:J -;;... ...., (~ = en "'" -0 ;;0 N a, ("J -'1 :;:t -r, r'llp.= -nm :('iO S1Q ...,.... ~, ~;; ~~~ ;-~; -...:,;: -n :x U1 !'.' - REBECCA D. PAUTZ and THOMAS M. PAUTZ, wife and husband, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. CIVIL ACTION - LAW NO. 04-3431 CIVIL ERIC R. ANDERSON, individually: and API INVESTIGATIONS, INC., a Pennsylvania Business Corporation, Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA 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 a Subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party on or about May 9, 2005. 2. A true and correct file copies of the Notices of Intent, including a copy of the proposed subpoenas, are attached to this Certificate. 3. The 20-day period for filing and serving objections to the subpoena has expired. 4. The subpoenas which will be served are identical to the subpoenas attached to the Notice ofIntent to Serve Subpoenas. RespectfuU y submitted, THOMAS, THOMAS & HAFER, LLP YJg by: Date: June 1,2005 Crystal . Williamson, Esquire Attorney 1.0. # 91069 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7060 . Crystal H. Williamson, Esquire Attorney I.D. No. 91069 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 HarriSburg, Pennsylvania 17108-0999 (717) 237-7119 FAX (717) 237-7105 E-Mail: cwilliamson@tthlaw.com Attorneys for Defendants: ERIC R. ANDERSON and API INVESTIGATIONS, INC. REBECCA D. PAUTZ and THOMAS M. PAUTZ, wife and husband, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. CIVIL ACTION - LAW NO. 04-3431 CIVIL ERIC R. ANDERSON, individually: and API INVESTIGATIONS, INC., a Pennsylvania Business Corporation, Defendants NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant 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 an objection to the subpoenas. If no objection is made, the subpoenas will be served. THOMAS, THOMAS & HAFER, LLP ,.,~tL ~ W;!/rWIXS Cry, al H. Williamson, Esquir Attorney 1.0. # 91069 Date: :) h IClr ! ( -. REBECCA D. PAUTZ and THOMAS M. PAUTZ, wife and husband, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW v. NO. 04-3431 CIVIL ERIC R. ANDERSON, individually: and API INVESTIGATIONS, INC., a Pennsylvania Business Corporation, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Vital Gordin M.D. Hershe Medical Center 500 Universit Drive MSHMC-UPC, Hershev. PA 17033-0850 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Com lete co ies of the medical file of Rebecca D. Pautz DOB: 5/24/76' SSN: 206-48-4284 includin but not limited to an and all medical records bills corres ondence memoranda dia nostic studies in, atient and out atient testin x-ra re orts. etc. at: Thomas. Thomas & Hafer. LLP. 305 N. Front St.. P.O. Box 999. Harrisbura. PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Crystal H. Williamson. Esauire ADDRESS: Thomas. Thomas & Hafer. llP. P.O. Box 999, Harrisbura. PA 17108 TELEPHONE: 1717l237-7103 SUPREME COURT ID#: 91069 ATTORNEY FOR: DEFENDANT BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy I CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States tj'ft') Mail, postage prepaid, at Harrisburg, Pennsylvania, on the day of May, 2005, on all counsel of record as follows: Robert Louis Frey, Jr., Esquire LATSHA DAVIS YOHE & McKENNA Post Office Box 825 Harrisburg, PA 17108-0825 Attorneys for Plaintiffs THOMAS, THOMAS & HAFER, LLP 337907.1 ~'9rf ~ ' U 'U ,t Bet . Forbes't aralegal - CERTIFICATE OF SERVICE I, BETH E. FORBES, PARALEGAL of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Robert Louis Frey, Jr., Esquire LATSHA DAVIS YOHE & McKENNA Post Office Box 825 Harrisburg, PA 17108-0825 Attorneys for Plaintiffs Date: THOMAS, THOMAS & HAFER, LLP ~lE~ALEGAL ~~~ Ci c' (.J c) \..0 r-".) ':.:.:> ,.':::) C~"l C_ l"-- C' ,,) -q :T' n"i ::I~ " N ~ , ,) -, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW REBECCA D. PAUTZ and THOMAS M. PAUTZ, wife and husband, No.: 04-3431 Plaintiffs, v. ERIC R. ANDERSON, individually and API INVESTIGATIONS, INC., a Pennsylvania business corporation, Defendants. NOTICE 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 rnay proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFOR MATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. 101469 Lawyers Reference Service Curnberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AVISO USTED HA smo DEMANDADOI A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente 0 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 Ie advierte de que si usted falIa de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un falIo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamaci6n 0 remedio soIicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicionaI. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. 51 USTED NO TIENE UN ABOGADO, LLAME 0 V A Y A A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. 51 USTED NO PUEDE P AGAR 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. Lawyers Reference Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 101469 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW REBECCA D. PAUTZ and THOMAS M. PAUTZ, wife and husband, No.: 04-3431 Plaintiffs, v. ERIC R. ANDERSON, individually and API INVESTIGATIONS, INC., a Pennsylvania business corporation, Defendants. COMPLAINT AND NOW, COMES, Plaintiffs, Rebecca D. Pautz and Thornas M. Pautz, by and through their attorneys, Latsha Davis Yohe & McKenna, P.c., and files the within Complaint against Defendants, Eric R. Anderson and API Investigations, Inc., of which the following is set forth in support thereof: 1. Plaintiff, Rebecca D. Pautz (hereinafter referred to as "Ms. Pautz"), is an adult individual residing at 184 Park Drive, Dover, Pennsylvania 17315. 2. Plaintiff, Thomas M. Pautz (hereinafter referred to as "Mr. Pautz", is an adult individual residing at 184 Park Drive, Dover, Pennsylvania 17315. 3. Defendant, Eric R. Anderson (hereinafter referred to as "Mr. Anderson"), is an adult individual whose last known residence is 705 Shady Lane, Enola, Cumberland County, Pennsylvania 17025. 4. Defendant, API Investigation, Inc. (hereinafter referred to as " API"), upon information and belief is a Pennsylvania business corporation with a principle place of business at New Valley Road, P.O. Box 129, Marysville, Pennsylvania 17053. 5. The facts and circumstances of the accident herein described took place on July 16, 2002 at or near the intersection of Industrial Park Road and St. John's Church Road in Cumberland County, Pennsylvania. 6. At the time of the accident, Plaintiffs were the owners of the vehicle driven by Ms. Pautz. 7. At all times material hereto, Ms. Pautz operated her vehicle in a safe and lawful manner exercising due care and diligence while travelling northbound on St. John's Church Road. 8. At the time of the accident, API was the owner of and had under its care, control, custody, rnaintenance, and supervision the vehicle that was involved in the accident. 9. At the aforesaid time and place, this vehicle was being operated by Mr. Anderson, an agent, servant or employee of API while on the business of API and while acting within the scope of his authority. 101469 2 10. At the time of the accident, Mr. Anderson was coming from Industrial Park Road and had stopped for the stop sign at the intersection with St. John's Church Road. 11. Mr. Anderson pulled out from the stop sign and into the northbound lane of St. John's Church Road where he struck Ms. Pautz's vehicle, who was travelling northbound at the time of the accident. 12. As a result of the irnpact from the collision as aforesaid, Ms. Pautz's vehicle flipped rear-end over front-end. 13. As a result of the collision, Ms. Pautz was taken to the emergency room at Holy Spirit Hospital where she was treated for numerous cuts, scrapes, bruises, and neck and back injuries. 14. The accident occurred because Mr. Anderson, while in the employ of API, operated the vehicle in such a reckless, careless, and negligent manner so as to run into, strike, and collide with the vehicle driven by Ms. Pautz. 15. Ms. Pautz has suffered certain bodily injury, including but not limited to, chronic pain syndrorne in her back and depression as a result of the accident caused by the negligence of Mr. Anderson and API. 16. The aforesaid collision was due to the negligence of Mr. Anderson in some or all of the following particulars: (a) failure to keep a careful and diligent watch upon the roadway; (b) failure to have his vehicle under adequate and proper control; 101469 3 (c) failure to observe oncoming traffic before pulling out into the intersection; (d) failure to a stop in sufficient time to avoid a collision therewith; (e) inattentively operating his vehicle; (f) operating his vehicle in such a manner that would not permit him to avoid striking Ms. Pautz's oncoming vehicle; (g) operating the vehicle in such a reckless, careless and negligent manner, so as to cause or allow the vehicle to run into, strike, and collide with another vehicle; (h) failure to stop, turn aside the vehicle or take other appropriate actions so that the collision between API's vehicle would be avoided; (i) failure to obey traffic signals; 0) failure to yield the right of way; (k) failure to use due care and acting without regard to the rights and safety of other drivers; (I) failure to observe with reasonable care the traffic and road conditions, including the location of Ms. Pautz's vehicle; (m) failure to avoid the accident by applying the brakes; (n) operating the vehicle in violation of the Pennsylvania Motor Vehicle Code, in particular 75 Pa.C.S.A. 83323; and 101469 4 (0) any other negligence that may be later discovered. 17. The aforesaid collision was due to the negligence of API in some or all of the following particulars of which it was aware or should have been aware: (a) permitting Mr. Anderson to operate the vehicle without sufficient training; (b) failing to exercise reasonable control over the manner in which Mr. Anderson was operating the vehicle; (c) under the doctrine of respondent superior; and (d) any other negligence that may be later discovered. 18. As a result of the negligence of Mr. Anderson and API as aforesaid, Ms. Pautz sustained the following injuries, all of which are or may be of a permanent nature: (a) (b) (c) (d) (e) (f) (g) 101469 injuries to the nerves and soft tissue of the back; chronic pain syndrome; injuries to the neck; numerous cuts, scrapes, and bruises; nervousness, emotional tension, and anxiety; personality change and depression; emotional and mental problems, requiring psychological or psychiatric care; and 5 (h) other and serious permanent injuries. 19. Plaintiffs sustained the following damages as a result of these injuries: (a) The expenditure of large sums of money for medical care and treatment and may be forced to incur additional expenses for medical care and treatment for an indefinite tirne in the future. (b) The suffering and continued suffering of great pain, suffering, inconvenience, embarrassment, mental anguish, emotional and psychological trauma, and loss of the enjoyrnent of life. (c) The loss and continued loss of wages and earnings, and the earning capacity has been reduced and may be perrnanently impaired; (d) The impairment of Ms. Pautz's general health, strength and vitality; (e) For compensatory damages for his/her loss of marital consortium, both present and future, including but not limited to: (1) the diminished capacity of Ms. Pautz in assisting with housework, marital relations, child-care, participate in farnily, recreational, or social activities with plaintiff, or contribute to the household income. 101469 6 (2) the injuries sustained by Ms. Pautz and the severe physical and psychological strains they cause in the areas stated above. 20. At the time of the accident, Plaintiffs were the named insureds under an automobile policy in which they elected the limited tort alternative, and is entitled to compensation under 75 Pa.e.S.A. 91705, as the above-stated injuries constitute a serious and permanent injury, as defined therein. WHEREFORE, Plaintiffs, Rebecca D. Pautz and Thomas M. Pautz, demand judgment of the Defendants, Eric R. Anderson API Investigation, Inc., in an amount in excess of the applicable limits requiring compulsory arbitration in Cumberland County, Pennsylvania. LATSHA Date: '1/ ~I r oS / / By: & McKENNA, P.e. r . Fey, Es Attorney No. 299 1700 Bent Creek Blvd., Suite 140 Mechanicsburg, PA 17050 (717) 620-2424 Attorneys for Plaintiffs 101469 7 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW REBECCA D. PAUTZ and THOMAS M. PAUTZ, wife and husband, No.: 04-3431 Plaintiffs, v. ERIC R. ANDERSON, individually and API INVESTIGA nONS, INc., a Pennsylvania business corporation, Defendants. VERIFICATION I, Robert 1. Frey, do hereby verify that I am the attorney for the within Plaintiffs; that I am authorized to make this verification on behalf of the Plaintiffs; and that the facts set forth in the Complaint filed in this matter are true and correct to the best of my knowledge, information, and belief, and that this verification is being made subject to 18 Pa. C. S. S 4904, relating to unsworn falsification to authorities. Dated: -r /2..\ /oc; I I // Robert 1. F Y 101469 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW REBECCA D. PAUTZ and THOMAS M. PAUTZ, wife and husband, No.: 04-3431 Plaintiffs, v. ERIC R. ANDERSON, individually and API INVESTIGATIONS, INC., a Pennsylvania business corporation, Defendants. CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by fascimile (717) 237-7105 and first-class United States mail, postage prepaid, upon the following: Crystal H. Williamson, Esq. Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17101 Attorneys for Defendants Dated: '1/2' I o~ I I '~ ... / / ~ (- - / ~ ooe~ 101469 () c- (--"-' o @ "'-> ,.;::.;> l~ c..Fl <..-, rr-l -.:j N ~ X:a me- .~t9 (--\ ( -.-.( ,J ;-Z::';i '2.-1 vO t'SfTl ;..,-;} ~D -< ;g r:? REBECCA D. PAUTZ and THOMAS M. PAUTZ, wife and husband, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. CIVIL ACTION - LAW NO. 04-3431 CIVIL ERIC R. ANDERSON, individually: and API INVESTIGATIONS, INC., o Fe~nsy:vania Business Corporation, Defendants STIPULATION IT IS HEREBY STIPULATED AND AGREED by and between counsel for Plaintiffs, Rebecca D. and Thomas M. Pautz, and counsel for Defendants, Eric R. Anderson and API Investigations, Inc., that the phrase "any other negligence that may be discovered" of paragraphs 16 (0) and 17 (d) of Plaintiffs' Complaint is stricken and withdrawn. fO/S/oS Date ~~~~~VIS, YOHE & MCKENNA , ~:~Uire ----Attorney for Plaintiffs 1u/&;oS . (0;"' THOMAS & HAFER, LLP , j ....J Cryst H. Williamson, Esquire Attorney for Defendants CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the II th day of October, 2005, on all counsel of record as follows: Robert Louis Frey, Jr., Esquire LA TSHA DAVIS YOHE & McKENNA 1700 Bent Creek Bouievard, Suite j 40 Mechanicsburg, P A 17050 Attorneys for Plaintiffs 384]82.] THOMAS, THOMAS & HAFER, LLP //) 1 , () ...., 0 c:::> C c:::,) -n (~n C:-. =~ c:. fi1 '7: -, ;:.; (:J "J CJ -'r -:.'~ c) I n " (."? -.-F ~ -(I ,,-' REBECCA D. PAUTZ and THOMAS M. PAUTZ, wife and husband, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. CIVIL ACTION - LAW NO. 04-3431 CIVIL ERIC R. ANDERSON, individually: and API INVESTIGATIONS, INC., a Pennsylvania Business Corporation, Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: I, A Notice of Intent to Serve a Subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party on or about June 27, 2005. 2. A true and correct file copies of the Notices of Intent, including a copy of the proposed subpoenas, are attached to this Certificate. 3. The 20-day period for filing and serving objections to the subpoena has expired. 4. The subpoenas which will be served are identical to the subpoenas attached to the Notice ofIntent to Serve Subpoenas. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP '\. by: I Crystal . Williamson, Esquire Attorney 1.0. # 91069 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7060 /n~0iJ/6 Date: November 7, 2005 Crystal H. Williamson, Esquire Attorney I.D. No. 91069 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 (717) 237-7119 FAX (717) 237-7105 E-Mail: cwilliamson@tthlaw.com Attorneys for Defendants: ERIC R. ANDERSON and API INVESTIGATIONS, INC. REBECCA D. PAUTZ and THOMAS M. PAUTZ, wife and husband, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. CIVIL ACTION - LAW NO. 04-3431 CIVIL ERIC R. ANDERSON, individually: and API INVESTIGATIONS, INC., a Pennsylvania Business Corporation, Defendants NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant 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 an objection to the subpoenas. If no objection is made, the subpoenas will be served. THOMAS, THOMAS & HAFER, LLP Date: LQ~O~ REBECCA D. PAUTZ and THOMAS M. PAUTZ, wife and husband, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW v. NO. 04-3431 CIVIL ERIC R. ANDERSON, individually: and API INVESTIGATIONS, INC., a Pennsylvania Business Corporation, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hershey Outpatient Suraery. 650 Cherry Drive. Hershey. PA 17033 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of the medical file of Rebecca D. Pautz. DOB: 5/24/76: SSN: 206-48-4284. includinq but not limited to any and all medical records. bills. correspondence. memoranda. diaqnostic studies. in patient and out patient testinq. x-rav reports. etc. at: Thomas. Thomas & Hafer. llP. 305 N. Front St.. P.O. Box 999, Harrisburq, PA 17108 (Address) You may deliver or rnaillegible 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: Crystal H. Williamson, Esquire ADDRESS: Thomas. Thomas & Hafer, LLP, P.O. Box 999, Harrisburq, PA 17108 TELEPHONE: (717) 237-7103 SUPREME COURT ID#: 91069 ATTORNEY FOR: DEFENDANT BY THE COURT: DATE0LL..0E- d~ d()('l, Seal of the Cou ---- .f2f2~",f2. '7pm/?A<..J Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBECCA D. PAUTZ and THOMAS M. PAUTZ, wife and husband, Plaintiffs CIVIL ACTION - LAW v. NO. 04-3431 CIVIL ERIC R. ANDERSON, individually: and API INVESTIGATIONS, INC., a Pennsylvania Business Corporation, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Lawrence McCloskev. PhD.. Department of Psychiatry. Pennsvlvania State University, 500 University Drive, Hershev. PA 17033 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of the medical file of Rebecca D. Pautz. DOB: 5/24/76: SSN: 206-48-4284. includinQ but not limited to any and all medical records. bills. correspondence. memoranda. diaQnostic studies. in patient and out patient testinQ. x-ray reports. etc. at: Thomas. Thomas & Hafer. LLP. 305 N. Front St.. P.O. Box 999. HarrisburQ. PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Crystal H. Williamson, Esquire ADDRESS: Thomas. Thomas & Hafer, LLP, P.O. Box 999, Harrisburq, PA 17108 TELEPHONE: (717) 237-7103 SUPREME COURT ID#: 91069 ATTORNEY FOR: DEFENDANT DATE~ Ju.\~ :29 ;)fX;jS Seal of the Court Ision ~~(J~ P. /fr~/?/,c../ eputy CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the ;/~day of June, 2005, on all counsel of record as follows: Robert Louis Frey, Jr., Esquire LATSHA DAVIS YOHE & McKENNA Post Office Box 825 Harrisburg, PA 17108-0825 Attorneys for Plaintiffs THOMAS, THOMAS & HAFER, LLP 337907.1 Beth E, Forbes, Paralegal CERTIFICATE OF SERVICE I, BETH E, FORBES, PARALEGAL of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Robert Louis Frey, Jr., Esquire LATSHA DAVIS YOHE & McKENNA Post Office Box 825 Harrisburg, PA 17108-0825 Attorneys for Plaintiffs THOMAS, THOMAS & HAFER, LLP Date: S, PARALEGAL ,. , C) c ...~ <;',:~) ,~ ',:) (:.,", o '<, -~ f~~~ CJ o .-., r'-; ((1 ":""i -;;,.. :::< o ......'" ......,. "-.? () -J REBECCA D. PAUTZ and THOMAS M. PAUTZ, wife and husband, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. CIVIL ACTION - LAW NO. 04-3431 CIVIL ERIC R. ANDERSON, individually: and API INVESTIGATIONS, INC., a Pennsylvania Business Corporation, Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: I. A Notice of Intent to Serve a Subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party on or about November 18, 2005. 2. A true and correct file copies of the Notices of Intent, including a copy of the proposed subpoenas, are attached to this Certificate. 3. The 20-day period for filing and serving objections to the subpoena has expired. 4. The subpoenas which will be served are identical to the subpoenas attached to the Notice of Intent to Serve Subpoenas. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP '\ '\. ,j by: 'I(J)Y/D '~(/\. Crystal . Williamson, Esquire Attorney I.D. # 91069 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7060 Date: December 12, 2005 Crystal H. Williamson, Esquire Attorney I.D. No. 91069 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 (717) 237-7119 FAX (717) 237-7105 E-Mail: cwilliarnson@tthlaw.com Attorneys for Defendants, ERIC R. ANDERSON and API INVESTIGATIONS, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBECCA D. PAUTZ and THOMAS M. PAUTZ, wife and husband, Plaintiffs v. CIVIL ACTION - LAW NO. 04-3431 CIVIL ERIC R. ANDERSON, individually: and API INVESTIGATIONS, INC., a pennsylvania Business Corporation, Defendants NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant intends to seNe 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 seNe upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas will be seNed. THOMAS, THOMAS & HAFER, LLP Crys I H. Williamson, Esquire Attorney 1.0. # 91069 Date: ( REBECCA D. PAUTZ and THOMAS M. PAUTZ, wife and husband, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW v. NO. 04-3431 CIVIL ERIC R. ANDERSON, individually: and API INVESTIGATIONS, INC., a Pennsylvania Business Corporation, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Ears, Nose, Throat, Facial Plastic Surgery Group, P.C., 1857 Center Street, Camp Hili, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thin9s: Complete copies of the medical file of Rebecca D. Pautz. DOB: 5/24/76: SSN: 206-48-4284. includinq but not limited to any and all medical records. bills. correspondence. memoranda. diaqnostic studies. in patient and out patient testinq. x-ray reports. etc. at: Thomas. Thomas & Hafer. LLP. 305 N. Front St.. P.O. Box 999. Harrisburq. PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of cornpliance, 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: Crystal H. Williamson, Esquire ADDRESS: Thomas. Thomas & Hafer. LLP. P.O. Box 999. Harrisburq. PA 17108 TELEPHONE: (717) 237-7103 SUPREME COURT 10#: 91069 ATTORNEY FOR: DEFENDANT 341827-4 BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 341827-4 REBECCA D. PAUTZ and THOMAS M. PAUTZ, wife and husband, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW v. NO. 04-3431 CIVIL ERIC R. ANDERSON, individually: and API INVESTIGATIONS, INC., a Pennsylvania Business Corporation, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Central PA Rehabilitation Services, Inc., 3552 Old Gettysburg Road, Camp Hill, PA 17011 Within twenty (20) days after service ofthis subpoena, you are ordered by the court to produce the following documents or things: Cornpiete cODies of the medical file of Rebecca D. Pautz. DOB: 5/24/76: SSN: 206-48-4284. includinq but not limited to any and all medical records. bills. correspondence. memoranda. diaqnostic studies. in patient and out patient testinq. x-ray reports. etc. at: Thomas. Thomas & Hafer. LLP. 305 N. Front St.. P.O. Box 999. Harrisburq. PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Crystal H. Williamson. Esquire ADDRESS: Thomas. Thomas & Hafer, LLP. P.O. Box 999, Harrisbura, PA 17108 TELEPHONE: (717) 237-7103 SUPREME COURT 10#: 91069 ATTORNEY FOR: DEFENDANT 341827-4 DATE: Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Division 341827-4 Deputy REBECCA D. PAUTZ and THOMAS M. PAUTZ, wife and husband, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW v. NO. 04-3431 CIVIL ERIC R. ANDERSON, individually: and API INVESTIGATIONS, INC., a pennsylvania Business Corporation, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Susquehanna Valley Pain Management, 175 Lancaster Boulevard, 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: Complete copies of the medical file of Rebecca D, Pautz, DOB: 5/24/76: SSN: 206-48-4284. includinq but not limited to anv and all medical records. bills. correspondence. memoranda. diaqnostic studies. in patient and out patient testino. x-rav reports. etc. at: Thomas. Thomas & Hafer. LLP. 305 N. Front St.. P.O. Box 999. Harrisburq. PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Crystal H. Williamson. Esquire ADDRESS: Thomas. Thomas & Hafer. LLP. P.O. Box 999. Harrisbul'Q. PA 17108 TELEPHONE: (717) 237-7103 SUPREME COURT ID#: 91069 ATTORNEY FOR: DEFENDANT 341827-4 BY THE COURT: DATE: Seal of the Cou rt Prothonotary/Clerk, Civil Division Deputy 341827-4 CERTIFICATE OF SERVICE I hereby certify that a true and COlTect copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the 18th day of November, 2005, on all counsel of record as follows: Robert Louis Frey, Jr., Esquire LATSHA DAVIS YOHE & McKENNA 1700 Bent Creek Boulevard, Suite 140 Mechanicsburg, P A 17050 Attorneys for Plaintiffs 384182.1 THOMAS, THOMAS & HAFER, LLP OLL Beth E. DePhillips, Paralegal CERTIFICATE OF SERVICE I, BETH E, DEPHILLIPS, P ARALEGALf the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Robert Louis Frey, Jr., Esquire LATSHA DAVIS YOHE & McKENNA Post Office Box 825 Harrisburg, PA 17108-0825 Attorneys for Plaintiffs THOMAS, THOMAS & HAFER, LLP Date: (J.~ BETH . EPHILLIPS, PARALEGAL c, ,...., Stephen E. Geduldig, Esquire Attorney I.D. No. 43530 Crystal H. Williamson, Esquire Attorney 1.0. No. 91069 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 (717) 237-7119 FAX (717) 237-7105 E-Mail: saeduldia@tthlaw.com REBECCA D. PAUTZ and THOMAS M. PAUTZ, wife and Plaintiffs V. ERIC R. ANDERSON, individually and API INVESTIGATIONS, INC., a Pennsylvania Business Corporation, Defendants TO: Plaintiffs and counsel: Attorneys for Defendants: ERIC R. ANDERSON and APIINVESTIGAT]ONS. ]NC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- LAW NO.: 04-3431 CIVIL JURY TRIAL DEMANDED NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP .', i , ~ ,JtL( '- / (,-- ( By, STEPHE E. GEDULDIG, ESQUIRE Attorney . . No. 43530 CRYSTAL H. WILLIAMSON, ESQUIRE Attorney J.D. No. 91069 Attorneys for Defendants, ERIC R. ANDERSON and API INVESTIGATIONS,INC. Stephen E. Geduldig, Esquire Attorney 1.0. No. 43530 Crystal H. Williamson, Esquire Attorney 1.0. No. 91069 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 (717) 237.7119 FAX (717) 237-7105 E-Mail: saeduldiacwtthlaw.com Attorneys for Defendants: ERIC R. ANDERSON and API INVESTIGATIONS, INC. REBECCA D. PAUTZ and THOMAS M. PAUTZ, wife and Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -- LAW NO.: 04-3431 CIVIL ERIC R. ANDERSON, individually and API INVESTIGATIONS, INC., a Pennsylvania Business Corporation, Defendants JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND NOW, comes Defendants, Eric P. Anderson and API Investigations, Inc. ("Defendant"), by and through the undersigned counsel, Stephen E. Geduldig, Esquire, and Crystal H. Williamson, Esquire, of Thomas, Thomas & Hafer, LLP, and files the following Answer and New Matter to Plaintiffs Complaint: I. Admitted upon information and belief. 2. Admitted upon information and belief. 3. Admitted upon information and belief. 4. Admitted upon information and belief. 5. Admitted upon information and belief. 2 6. Admitted upon information and belief. 7. Denied as a legal conclusion and pursuant to Pa. R. Civ. P I029(e). 8. Admitted upon information and belief. 9. Admitted in part, denied in part. It is admitted that the vehicle was being operated by Mr. Anderson. It is denied that the vehicle was being operated by Mr. Anderson while on the business of API and while acting within the scope of his authority at the aforesaid time and place. 10. Admitted upon information and belief. II. Admitted in part, denied in part. It is admitted that Defendant, Mr. Anderson pulled out from the stop sign and into the northbound lane of St. John's Church Road. To the extent that paragraph II of Plaintiffs Complaint purports to aver additional facts, same are denied pursuant to Pa. R.C.P. 1029(e). 12. Denied as a legal conclusion and pursuant to Pa, R. Civ. P 1029(e). 13. Admitted in part, denied in part. It is admitted that Ms. Pautz was taken to the emergency room at Holy Spirit Hospital. To the extent that paragraph 13 of Plaintiffs Complaint purports to aver additional facts, same are denied pursuant to Pa, R.C.P. I029(e). 14. Denied as a legal conclusion and pursuant to Pa. R. Civ. P 1029(e). 15. Denied as a legal conclusion and pursuant to Pa, R. Civ. P 1029(e). 16(a-o). Denied as a legal conclusion and pursuant to Pa, R. Civ. P 1029(e). 17(a-d). Denied as a legal conclusion and pursuant to Pa, R. Civ. P 1029(e). 18(a-h). Denied as a legal conclusion and pursuant to Pa. R. Civ. P I029(e). 19(a-e). Denied as a legal conclusion and pursuant to Pa, R. Civ. P 1029(e). 3 20. Admitted in part, denied in part. It is admitted that Plaintiffs were the named insureds under an automobile policy in which they elected the limited tort alternative. To the extent that paragraph 20 of Plaintiff's Complaint purports to aver additional facts, same are denied pursuant to Pa, R.C.P. 1029(e). WHEREFORE, Defendants, Eric Anderson and API Investigations, Inc., respectfully requests that Plaintiff's Complaint be dismissed in its entirety and judgment entered in their favor. NEW MATTER 21. Paragraphs I through 20, above, are incorporated herein by reference as if fully set forth at length. 22. Some or all of Plaintiffs' claims may be barred by the applicable statute of limitations. 23. Some or all of Plaintiffs' claims may be barred by Plaintiffs' assumption ofa risk. 24. Some or all of Plaintiffs' claims may be barred or limited by application of the Pennsylvania Motor Vehicle Financial Responsibility Act. 25. Some or all of Plaintiffs' claims may be barred or limited by Plaintiffs' election of the limited tort option. 26. Even ifit is assumed that Defendants were negligent, which is specifically denied, Plaintiffs may have been comparatively negligent and/or assumed the risk of their alleged harm. 27. Any alleged injuries sustained by Plaintiffs may have been caused by their own negligence, carelessness and recklessness. 28. The collision complained of by Plaintiffs In their Complaint, as well as the injuries or damages alleged resulting there from, may have been the direct and proximate result 4 of the negligence, carelessness or recklessness of Plaintiff, Rebecca Pautz, which negligence, carelessness or recklessness bars or limits Plaintiffs' claim by virtue of the Pennsylvania Comparative Negligence Act as follows: (a) excessive Operating her automobile at an unsafe or rate of speed; (b) failing to maintain her automobile under proper and adequate control; (c) failing to keep a proper look out; (d) failing to remain attentive; (e) violating the provisions of the Motor Vehicle Code. 29. Plaintiffs may have failed to mitigate her damages and/or injuries. 30. Defendants Eric Anderson and API Investigations, Inc. at all times hereto were acting reasonably under the circumstances, then and there existing. 31. No act or omission on the part of Defendants, Eric Anderson and API Investigations, Inc., caused the Plaintiffs injuries. WHEREFORE, Defendants, Eric Anderson and API Investigations, Inc., respectfully request that Plaintiffs Complaint be dismissed in its entirety and judgment entered in their favor. Date: December 21, 2005 Respectfully submitted, THOMAS, THOMAS & HAFER, LLP ._'\ \ I I .......,,_.. .. \ ' / ~ .. l .,) V L--j STEPH N E. GEDULDIG, ESQUIRE , Attorney J.D. No. 43530 CRYSTAL H. WILLIAMSON, ESQUIRE Attorney J.D. No. 91069 Attorneys for Defendants, ERIC R. ANDERSON and API INVESTIGATIONS,INc' 5 VERIFICATION I, Michael Vishnesky, President of API Investigations, Inc., hereby verify that the averments made in the foregoing document are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 94904 relating to unsworn falsification to authorities. By: CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the 2151 day of December, 2005, on all counsel of record as follows: Robert Louis Frey, Jr., Esquire LATSHA DAVIS YOHE & McKENNA 1700 Bent Creek Boulevard, Suite 140 Mechanicsburg, P A 17050 Attorneys for Plaintiffs THOMAS, THOMAS & HAFER, LLP \ , 384944.1 illiamson, Esquire v I /" L----- .....-..'.------ (~.' ,...., C) C~>) ( r'~:' -n ~,n c:} .-1 ~t: \"i ;-11 " r-." "',) -''', -,"'! '^ ~) -.... .-~ C-, f"~ /'" , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA REBECCA D. PAUTZ and THOMAS M. PAUTZ, wife and husband, Plaintiffs, CIVIL ACTION - LAW v. No.: 04-3431 ERIC R. ANDERSON, individually and API INVESTIGATIONS, INC., a Pennsylvania business corporation, Defendants. ENTRY OF APPEARANCE Please enter the appearance of the undersigned on behalf of Plaintiffs, Rebecca D. Pautz and Thomas M. Pautz, in the above-captioned matter. Respectfully submitted, LATSHA DAVIS YOHE & McKENNA, P.c. Date: ;/),1/ oil By: aqJ~j;< Jh7yJ/L~Y Glenn R. Davis Attorney No. 31040 Angela L. Thomas Attorney No. 67810 1700 Bent Creek Blvd., Suite 140 Mechanicsburg, PA 17050 (717) 620-2424 Attorneys for Plaintiffs 104577 .r , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA REBECCA D. PAUTZ and THOMAS M. PAUTZ, wife and husband, Plaintiffs, CIVIL ACTION - LAW v. No.: 04-3431 ERIC R. ANDERSON, individually and API INVESTIGATIONS, INC., a Pennsylvania business corporation, Defendants. CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Entry of Appearance was served by first-class United States mail, postage prepaid, upon the following: Crystal H. Williamson, Esq. Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17101 Attorneys for Defendants Dated: i /d.O/Oft fr.~\ (fr7a. (j) . (}?f?7/1 tLj- Angela L. Thomas 104577 .\ ---------~- ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA REBECCA D. PAUTZ and THOMAS M. PAUTZ, wife and husband, Plain tiffs, CIVIL ACTION - LAW v. No.: 04-3431 ERIC R. ANDERSON, individually and API INVESTIGATIONS, INe., a Pennsylvania business corporation, Defendants. PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned case settled, satisfied, and discontinued with prejudice. Respectfully submitted, LATSHA DAVIS YOHE & McKENNA, P.e. Date: 3)J-40IP By: at i (,i fie if J/;I) J ,I fur Glenn R. Davis Attorney No. 31040 Angela L. Thomas Attorney No. 67810 1700 Bent Creek Blvd., Suite 140 Mechanicsburg, P A 17050 (717) 620-2424 Attorneys for Plaintiffs 106351 n ~71 .-, -r ~....~' r'. ~, c::-' 1".'. --.!