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Home My WebLink About01-2030PAGIE R. THURBER, : IN THE COURT OF COMMON PLEAS Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA · v. : CIVIL ACTION- LAW · .o. DWAYNE E. NANCE, · Defendant : JURY TRIAL DEMANDED NOTICE - COMPLAINT YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Referral Service Court Administrator Third Floor, Courthouse Carlisle, PA 17013 (717)249-1133 I NOTICIA Le han demandado a usted an la cone. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado gue si usted no se defienda, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier gueja o alivio gue es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUNENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Referral Service Court Administrator Third Floor, Courthouse Carlisle, PA 17013 (717)249-1133 PAGIE R. THURBER, · IN THE COURT OF COMMON PLEAS Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA · v. · CIVIL ACTION- LAW DWAYNE E. NANCE, · Defendant · JURY TRIAL DEMANDED COMPLAINT 1. The PlaintiffPagie R. Thurber is an individual who reside at 342 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant Dwayne E. Nance is an adult individual who resides at 2109 Warren Way, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. On February 10, 2000 Pagie Thurber was residing at 429 Shelly Lane in Etters, Pennsylvania. 4. The premises at 429 Shelly Lane was owned solely by the Defendant Dwayne E. Nance, who also resided at the premises. 5. At approximately 6'00 a.m. Pagie Thurber left the premises to go to her car which was parked in the driveway. 6. Pagie started the car to allow it to warm up. 7. Pagie then exited the car and traveled toward the end of the driveway to retrieve the mail from the mailbox. 8. It was necessary for Pagie to walk on the driveway because there was no sidewalk and no other route for Pagie to choose to get to the mailbox. 9. It had snowed earlier that week and Pagie brought to the attention of Dwayne Nance that there was ice accumulating on the driveway. 10. Pagie on at least one occasion the week before she fell had cleared the driveway of as much snow and ice as she was capable of removing. 11. Pagie specifically asked the Defendant to put salt or some other chemical on the driveway to remove the accumulated ice. The Defendant refused that request even though he had the chemical in his basement. 12. Pagie offered to put the salt or chemical on the driveway herself. The Defendant also refused that request, stating that it would damage the driveway surface. 13. As Pagie moved toward the mailbox while walking on the icy driveway as carefully as she could her fight leg slipped and bent out, causing both her tibia and fibula to instantly fracture. 14. Plaintiff was taken to the emergency department at Harrisburg Hospital. 15. Immediate surgery known as an open reduction and internal fixation of the right distal tibia and fibula was performed by Dr. Hamsher. 16. The aforesaid incident and all of the hereinafter mentioned injuries and damages sustained by the Plaintiff Pagie Thurber are the direct and proximate result of the carelessness and negligence of the Defendant Dwayne Nance which consisted of: (a) In failing to adequately and properly maintain the driveway in a safe condition; (b) In failing to remove the ice in a timely fashion from the driveway; (c) In failing to provide a safe means and method for persons to use in exiting the (d) In failing to place a non-skid material on the ice to create a safe means and method for Pagie to get to the mailbox by using the driveway. (e) In refusing to permit Pagie to place a non-skid material on the driveway. 17. As a proximate result of the incident described above, the Plaintiff Pagie Thurber sustained serious, painful and permanent injuries which consisted of the following: (a) Spiral fracture of the right distal fibula; (b) Spiral fracture of the right distal tibia which was displaced; (c) Permanent scarring from the surgical procedure and procedures to come; (d) Pain and discomfort from the surgical hardware inserted in her leg; (e) General trauma and shock; (f) Loss of range of motion in her leg; (g) Early onset of permanent arthritis in her leg; (h) A limp; (i) Confinement to a wheelchair, crutches and casts for months. 18. By reason of the Plaintiff Pagie Thurber's injuries as set forth above, she has received medical treatment and physical therapy and continues to receive said treatment and therapy to recover from the injuries suffered in this incident. 19. As a result of the negligence of the Defendant Dwayne Nance as described herein, the Plaintiff Pagie Thurber has suffered and will continue to suffer mental and physical pain, great difficulty in carrying out and engaging in life's activities, a loss of life's pleasures and enjoyment, humiliation and embarrassment. 20. PlaintiffPagie Thurber has and will in the future sustain a loss of earnings and an impairment to her earning capacity. Hers past and future loss of earnings will exceed $10,000. 21. Plaintiff Pagie Thurber has been Ibrced to undergo and receive medical services, medication and therapy in the past and will be required to continue to do so in the future. Upon information and belief, the cost of such services are currently in excess of $5,000 and will continue to increase up to the time of trial. 22. The Plaintiff Pagie Thurber will be forced to undergo yet another surgical procedure in the Fall of 2001 to remove the painful surgical hardware. 23. All ofPlaintiffPagie Thurber's injuries as herein described are continuing and will continue into the foreseeable future, as will the treatment costs thereof. 24. The negligence of the Defendant Dwayne Nance has resulted in the general deterioration of Plaintiff Pagie Thurber's well-being. WHEREFORE, the PlaintiffPagie Thurber demands judgment against the Defendant Dwayne Nance in an amount which exceeds the compulsory arbitration limits of Cumberland County, together with interest, delay damages if applicable and costs of suit. Respectfully submitted, Date: B ROBERT F. CLARAVAL P.O. Box 11965 Harrisburg, PA 17108-1965 (717) 233-4780 Supreme Court I.D. # 19222 Attorney for Plaintiff VERIFICATION _ The language of the foregoing document is that of counsel and not necessarily my own; however, I have read the foregoing doctunent and to the extent that it is based upon information that I have given to counsel, it is tree and correct to the best of my knowledge, information, and belief; to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this verification. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unswom falsification to authorities. SHERIFF ' S RETURN - REGULAR CASE NO- 2001-02030 p COMMONWEALTH OF PENNSYLVANIA. COUNTY OF CUMBERLAND THURBER PAGIE R VS NANCE DWAYNE E CPL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon NANCE DWAYNE E DEFENDANT the , at 1422-00 HOURS, on the 18t______h day of April 2001 at 2109 WARREN WAY ' ~ _MECHANICSBURG, PA 17055 by handing to FAITH NANCE, WIFE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing He_~r attention to the contents thereof. Sheriff,s Costs. So Answers. Docketing 18.00 Service 7 44 ........ · -"~ · '· Surcharwe 10.00 R. Thomas Klin~ g .00 o / 9/2oo ROBERT F. CLA~VAL Sworn and Subscribed to before By- ~" -- me this 2~.-~.~ day O~.D. ~ ProDho~ John A. Statler, Esquire Attorney I. D. No. 43812 320 Market $1n~ P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendant PAGIE R. THURBER, Plaintiff ' CUMBE~AND COUNTY, PENNSYLVANIA · v. · CIVIL ACTION- LAW o · · NO. 01-2030 Civil Term DWAYNE E. NANCE, · Defendant : JURY TRIAL DEMANDED ENTRY OF APPKARANCF. TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of John A. Statler, Esquire, of Goldberg, Katzman & Shipman, P.C., as counsel on behalf of the Defendant, Dwayne E. Nance, in the above-captioned action. GOLDBERG, KATZMAN & SHIPMAN, P.C. ~.. By _ JohnA Statle, q -- Attorney I.D. No. 43812 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 DATE: ~' / ~ / 0 ] Counsel for Defendant Dwayne E. Nance 62749.1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the '~'~ 2001, addressed to the following: Robert F. Claraval, Esquire P.O. Box 11965 Harrisburg, PA 17108-1965 Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By: .... Attorney I. D. No. 43 812 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant Dwayne E. Nance John A. Statler, Esquire Attorney I. D. No. 43812 GOLDBI:RG, ICAT~ & SlIIP~, p.e. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendant - · ~ 'J'HE COURT OF CO~~~-~~----~ Plaintiff i CUMBE~~ COUNTY, PENNSYLVANIA V. ·CIVIL ACTION- LAW · DWAYNE E. N~CE, ' NO. 01-2030 Civil Term · Defendant ' /URY TRIAL DEMANDED AND NOW, comes the Defendant, Dwayne E. Nance, by his attorneys, Goldberg, Katzman and Shipman, p.C., who file the following Answer to the Plaintiffs Complaint: 1. Admitted on information and belief. 2. Admitted with clarification. The correct zip code is 17050. 3. Admitted. 4. Denied as stated. Both Plaintiff and Defendant were co-signers on the mortgage to the property. It is further denied that Defendant Dwayne Nance was residing at the premises at 429 Shelly Lane on February 10, 2000. 5. Den/ed. Aider reasonable investigation, Defendant is w/thout/nformation suffident to form a be//e£as to the truth or falsity o£the averments/n th/s paragraph and, therefore, den/es the same and demands strict proof at t/me of ti/a//fdeemed mater/a/. 6. Den/ed. At, er reasonable investigation, Defendant is w/thout/nformatJon sufficient to form a be//efas to the truth or fa/sity of the averments/n this paragraph and, therefore, den/es the same and demands strict proof at t/me o£tr/a/if'deemed material. 7. Den/ed. After reasonable invest/gat/on, Defendant is without/nforrnation sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. 8. It is denied that it was necessary for an individual to walk on the driveway to t~et to the mailbox. 9. Based upon information and bel/ef, Defendant adrn/ts that it had snowed approximately ~ve days or so pr/or to February 10, 2000. It is specifically den/ed that the brought to the attention of Dwayne Nance that there was/ce accumulating on the dr/veway. 10. It is admitted that on February 10, 2000, the driveway was clear of/ce and snow. It is unknown if the Plaintiff herself had c/eared the dr/veway earl/er that week. 2 11. It is admitted that there was a large bag of ice melt compound located inside the garage of the house and further admitted that the Plaintiff was aware of the existence and location of the ice melt compound. It is denied that the Plaintiff requested the Defendant to apply the salt or ice melt compound on the driveway and denied that the Defendant refused to do so. 12. It is specifically denied that the Plaintiff offered to put salt or chemicals on the driveway and denied that the Defendant refused to allow the Plaintiff to apply such melting compounds. It is further denied that the Defendant stated that the application of salt or other chemicals would damage the driveway surface. 13. It is denied that the driveway was icy. By way of further answer, Defendant is without information sufficient to form a belief as to the truth or falsity of the balance of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. 14. Denied. Aider reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. 15. Defendant admits that the Plaintiff' underwent some type of surgery. Defendant is without information sufficient to form a belief as to the truth or falsity of the specific averments 3 concerning the nature and extent of the surgery or the name of the doctor who performed the procedure. 16. The averments in this paragraph constitute conclusions of law to which no response is required, in the event a response is deemed to be required, it is denied that Defendant Dwayne Nance was careless and negligent and denied that the Plaintiff' suffered any injuries or damages as a result of any negligence or carelessness of the Defendant. By way of further answer, it is specifically denied that Defendant Nance was careless and negligent in: a. failing to adequately and properly maintain the driveway in a safe condition; b. failing to remove ice in a timely fashion from the driveway; c. failing to provide a safe means and method for persons to use in exiting the home; d. failing to place a non-skid material on the ice to create a safe means and method for Plaintiff to get to the mailbox by using the driveway; e. refusing to permit Plaintiff to place a non-skid material on the driveway. 17. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, Defendant is without information su~cient to form a belief as to the truth or falsity of the averments concerning the nature and extent of the Plaintiff's alleged injuries and damages and, therefore, denies the same and demands strict proof at time of trial if deemed material. · 18. It is admitted by the Defendant that the Plaintiff had some type of surgery. By way of further answer, Defendant is without information sut~cient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. 19. The averments in this paragraph constitute conclusions of law to which no response is required, in the event a response is deemed to be required, it is denied that Defendant Dwayne Nance was negligent and denied that the Plaintiff suffered any injuries or damages or losses as a result of any negligence of the Defendant. By way of further, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments concerning the nature and extent of the Plaintit~s alleged injuries and damages and, therefore, denies the same and demands strict proof at time of trial if deemed material. 20. Denied. At, er reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. 21. it is admitted by the Defendant that the Plaintiff had some type of surgery. By way of further answer, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. 22. Den/ed. After reasonable/nvestigation, Defendant is w/thout/nformafion suffident to form a bel/efas to the truth or fa/sity of the averments/n th/s paragraph and, therefore, den/es the same and demands str/ct proof at time of trial/f deemed mater/al. 23. Den/ed. After reasonable investigation, Defendant is w/thout information suffident to form a be//efas to the truth or fa/sity of the averments/n th/s paragraph and, therefore, den/es the same and demands strict proof at t/me of trial if deemed material. 24. The averments/n th/s paragraph constitute conclusions of/aw to wh/ch no response is requ/red. In the event a response is deemed to be requ/red, it is den/ed that Defendant Dwayne Nance was negl/gent and, therefore, den/ed that the Pla/nt/ffsuffered a deterioration of her well be/ng as a result of'any neg//gence of the Defendant. WHEREFORE, Defendant Dwayne E. Nance respectfu//y requests that the Pla/nt/ff's · Compla/nt be dism/ssed and that judgment be entered/n favor of'Defendant Dwayne E. Nance and against the Plaintiff. Respectfully submitted, GOLOBERG, KA~~N & SHIPMAN, P.C. By: Attorney I. D. No. 43812 320 M~ket Street P. O. Box 1268 H~sburg, PA 17108-1268 DATE: ,~/2 .~//O / Telephone: (717) 234-4161 63092.1 Attorneys for Defendant Dwayne E. Nance VERIFICATION I, DWAYNE E. NANCE, hereby acknowledge that I am the Defendant in this action; that I have read the foregoing document; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. Section 4904, relating: to unswom falsification to authorities. DATE: CERTIFICATE OF S~RVIC~, I I~REBY CERTIFY that I served a tree and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the 2.~ day of t~ ~o ~ 2001, addressed to the following: Robert F. Claraval, Esquire P.O. Box 11965 Harrisburg, PA 17108-1965 Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By: $0~-~ .... Steer, ESqmr~"'~ ..... ---- Attorney I. D. No. 43812 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant Dwayne E. Nance t John A. Statler, Esquire Attorney I. D. No. 43812 GOLDBERG, KATZMAN & SHIPMAN, P.C. 32O Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Defendant Telephone'. (717) 234-4161 PAGIE R. THURBER, · Plainti~ · CUMBERLAND COUNTY, PENNS~VANIA · v. · CIVIL ACTION - LAW · · NO. 01-2030 Civil Term DWAYNE E. NANCE, ' Defendant · JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: 1) A Notice of Intent to serve the subpoenas, with a copy of the subpoenas attached thereto, was mailed or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; 2) A copy of the Notice of Intent, including the proposed subpoenas, is attached to this certificate; 3) No objection to the subpoenas has been received; and 4) The subpoenas to be served are identical to the subpoenas attached to the Notice of Intent. ~ By: -.. e~ohn A. S~atler, Attorney I. D. No. 320 Market Street · P.O. Box 1268 Harrisburg, PA 17108-1268 DATE: ~/~/0/ Telephone: (717) 234-4161 63085.1 John A. Staffer, Esquire Attorney L D. No. 43812 GOLDBERG, KATZM & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Ha~sbur~, PA 17108-1268 Attorney for Defendant Telephone: (717) 234-4161 PAGIE R. THURBER, · Plaintiff · CUMBEP~AND COIJNTY, PENNSYLVANIA · · · CIVIL ACTION - LAW V. · · · NO. 01-20~0 Civil Term DWAYNE E. NANCE, ' · IURY TRIAL DEMANDED Defendant · NOTICE OF IN~NT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: PAGIE R. THURBER, Plaintiff c/o ROBERT F. CLARAV~, ESQUIRE P.O. Box 11965 Harrisburg, PA 17108-1965 PLEASE TAKE NOTICE that Defendant, Dwayne E. Nance, intends to serve subpoenas identical to the ones attached to this notice. You have twenty (20) days from the date listed below in which to file on record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. GOLDBERG, KAT'LMAN & SHIPMAN, P.C. By: DATE: ~"-][t~/(J[ Attorney for Defendant Dwayne E. Na~ce ~~ OF P~~ PAGIE R. ~{URBER, O3(R~Z~Z OF C~~ Plaintiff : : v. : : F{ ]e F~. ~01-2030 Civil DWAYNE E. NANCE, : Defendan~ : ~S~_-EIPOE~ TO P~ ~NTS OR TH IN(~ FOR D I SOOVER¥ ~PUR~ TO _~RULE 4009.22 TO: Harrisburg Hospital ) service of'_ th ~s s_ubpoena, you are ordered by the court ~ all nl~ho_r e recordd, 4~&rgency room a/k/a PAGIE R. NANCE. - at 20 N~r~t Street, P O Box 12 _ urg, ~-FA-~~88- (. ddress) You may deliver or mai] legible cooies of the docuTeflf:s or pcoduce f;hings ~eques~ed by ~his sub--a, f~ge~~ wi~h ~he cer~iff~e of ccrr~liance, ~o U~e Daffy making request; at f;he addce~ss l isled above. You have Uqe ~ight; ~o seek in advanc~ Uqe ceasonable cost o'f peeoaring ~he co~ies or oroc~cing ~he Uqings sough~. ~.. If you fail to produce the docunents c~ things required by this subl0oena within twenty (20) days afte~ ifs service, the party serving this' subpoefm may seek a court c~der coqSe I I lng you to ~ ly with it. THIS SLELOOENA WAS I SSIJED AT l~ REOtJEST OF THE FOLLCISING NN~: Jo_bn_A. Statler, Esquire ADDREss_ _Gg_ldberg, ICat~ an P;O. Box 1268 · TELEPHONE SUPRE]~E COURT ID # 43812 ATT~ FOR: Defendant ~ e E. Nance. (Elf. 7/97) {3~'IY{ OF PAGIE R. THURBER, ~ OF (~ Plaintiff : · Fi ]e ~k~. 01-2030 Civil DWA~ E. ~~, : ~fendant : FOR DISCOVERY ~PUR~SI~JANT TO _~RI~LE 4,009.22 TO: _.Delta Dental son o~ Ent ity) ~~-~--~~--~__ . WJ~n tw~ty (20) days aft~ s~V~ce of ~is su~, y~ ~e ~d~~ by ~e ~rt to ~~ the fo l l~i~ ~ts ~p~es ~e~az~ton~~oo] je~fff~=~z~ =eco=ds, ab~ _~ _ teco=ds Pe=so~e[ teco=ds .... · '.,~ rn . entee re - ' pertaining to _ r, -. ..... ~~c~[~s, dzsab/litv re --~- - ~ ' at the e~lO~nr of PAGIE R ~ER. ~- - ords (.4~cess) ~. Y~ ~Y del iv~ ~ ~il l~{ble ~{es of the ~ts ~ pr~uce ~{n~s request~ by ~is su~, ~e~~ wi~ ~e ct/f/te of ~l{~e, ~ the p~ty ~/n9 this r~est at ~e addce=s l{st~ Y~ have ~e r{~t ~ s~k { a~~~ ~e teazle ~st of ~~~in~ ~e ~/es ~ in9 ~e things ~~ht. n ~.. If y~ fail ~ P~um ~e ~ts ~ ~i~s r~{c~ by ~{s s~a'wt~in t~ty (20) ~ys aft~ i~ s~v/~, ~e p~ty s~v{~ ~{s s~-~ ~y s~k a ~rt ~d~ , ~IS ~ W~ I~ AT ~ ~E~sT ~ ~: Jo~_A. Statler, Esquire ~ F~L~I~ PER~: ~'b~ 1268 ~t .... ~~, ~.C. ~ ~ ID ~ 43812 BY (XXJRT: )ATE:_ (Elf. 7/'97) CERTI~CATE OF SERVICE I HEREBY CERTIFY that I served a tree and correct copy of the foregoing document upon aH parties or counsel of record by depositing a copy of same in the United States Mail at Han'isburg, Pennsylvania, with first-class postage prepaid on the ~ 't~day of -,.] ow ~ · 2001, addressed to the following: Robert F. Claraval, Esquire P.O. Box 11965 Harrisburg, PA 17108-1965 Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By: Attorney I. D. No. 43812 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant Dwayne E. Nance PAGIE R. THURBER, · IN THE COURT OF COMMON PLEAS Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA · v. · CIVIL ACTION- LAW · NO. 01-2030 Civil Term DWAYNE E. NANCE, · Defendant · JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have this day served Plaintiff's Response to Defendant's Interrogatories and Request for Production of Documents by first class mail, postage prepaid, addressed to the following persons: John A. Statler, Esq. Goldberg, Katztnan & Shipman, P.C. 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 ROBERT F. CLARAVAL, ESQ. ,~, Date: /O//~/~/ By ~~.~ (/~ (//[Jc~.J~t,_ ~ DENISE I. WILLIAMS, Secretary John A. Staffer, Esquire Attorney I. D. No. 43812 GOLDBERG, KAT~ & SHIPMAN, p.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendant PAGIE R. THURBER, ~------ · IN THE COURT OF COMMON PLEAS Plaintiff . i CUMBERLAND COUNTY, PENNS~VANIA · V. ' CIVIL ACTION- LAW · · · NO. 01-20:30 Civil Term DWAYNE E. NANCE, i Defendant : JURY TRIAL DEMANDED CERTIFICATE PRE~QUISiTE TO SERVICE As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that' 1) A Notice of Intent to serve the subpoenas, with a copy of the subpoenas attached thereto, was mailed or delivered to each party at least twenty days prior to the date . on which the subpoenas were sought to be served; 2) A copy of the Notice of Intent, including the proposed subpoenas, is attached to this certificate; 3) No objection to the subpoenas has been received; and 4) The subpoenas to be served are identical to the subpoenas attached to the Notice of Intent. By: Attorney I. D. No. 43812 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 DATE: -'~//0 //O ] Telephone: (717) 234-4161 63085.1 .rolm 3,. Statler, Esquire Attorney I. D. No. 43812 GOLDBERG, KATZ~ & SHIPMAN, p.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendant ~-~G~ R. THURBER, .' IN THE COURT OF COMMON PLEAS Plaintiff ' CUMBERLAND COUNTY, PENNS~V~A · · V. : CIVIL ACTION- LAW · · NO. 01-2030 Civil Term DWAYNE E. NANCE, Defendant · JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: PAGIE 1L THURBER, Plaintiff c/o ROBERT F. CLARAVAL, ESQUIRE P.O. Box 11965 Harrisburg, PA 17108-1965 PLEASE TAKE NOTICE that Defendant, Dwayne E. Nance, intends to serve subpoenas identical to the ones attached to this notice. You have twenty (20) days from the date listed below in which to file on record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. GOLDBERG, KATZMAN & SHIPMAN, P.C. By: DATE: (-e /ZO / 0f yneE. Nance COONT~ OE ~ _ PAGIE R. THURBER~ ' Plaintiff : : F i ] e No. 01-2030 Civil Term : DWAYNE E. NANCE, : Defendant suePoE~. TO PROOJCE DOCU~~S O~. TH~NeS FOR O I ,S00VER¥ PURSUANT TO RULE 4009.2,2 0: JAHES R. HAtlSHER, M.D. ......... (Naxe of Person or En6~ty) ..... - · Within twenty (20) days afte~ service of ~his subpoena, you are o~dered by ~he court to ..~oduce the following docunen~s o~ ~h~n~s: Copies off all med.~cal ~ecord. s, medical ~epo~ts, .-'E_iCe notes, x.-~_a7 ~_epo~Ls; ..physical Lherapy no..tes, correspondence..and all othe~ ~eco~ds .._ :r~ainiug to .any care~ evaluation..or treatment rendered to P~A.G. IE,.R; .~~E~; DOB: 1/09/67; ..... ~g~q; ~-'~ ,3~.~O ' ' ~A " ~ .~oldbe.rg,_Katzman & Shipman, P.C., 320 Narket Street, P.o. Box 1268, Harrisburg, ....... (.Addcess) 17108-1268 Yo~ may del~vec oc mai] legible oo0. ~es of the doctme~ts cc pcoduce th~mgs ceq~ested by ~is subpoena, to~ethec with the cect~ffcate of ~]iance, to ~he party makfmg thfs ~est at the addce~s ! isled above. Yo~ have ~he ~ght to seek iff advance, the ceasomable ,st of pceoar~r~ the oopies oc Ocochcfmg the things sought. ... if you fail to p~x~ce ~he doc~nefl~ oc things ceq~i~ed by this subooefl~ .~) dams af~e~ ~s se~vioe, ~he pa~t¥ secv~fl9 this' subpoe~a way seek a couct ocdec ~:mll~ng you t.o caz~ly w'J.'~ I15 ~ ~AS I.SSUi~ AT THE RE. ST OF' ~ FOCLCXqlNQ PER~: /'E: 3o.bn A..Statler.~, Esquire P.Oo Boz 1268 ' . n~,_--r'_~_~,,~-'oo; PA 171OR-1268 I.El:q-10NE: (717) 234-4161 , , ~ o0t~r ~o ~t, ~.s8~.2 . . T0~N~f FO~: Defendant. Dwmyn,.e E. Nance BY TIE CXXJRT: - - ProtJ~:~~-;//cler~', civil' otviston - 'se~'Of th~ oo~-f.' ~ -- , (Eff. ~/97) (30b~m~C~[qta~%[,'rH OF pI~qNSYL~ Plaintiff : D~A~ E. ~~E, : Defendant su~PoE~ TO PROOUCE DOCU~~S oR TH IN~, FOR D IS0OVERY PL~..SUANT TO .RULE 400..9.22 fO: REX A. HERBERT, D.Oo (Name of Person oc Ent ~ fy) · Within twenty (20) deys afte~ service of ~his subpoena, you are ocde~ed by ~he court to ~x~ce the fo1 lowing docunents or th{ngs: Copies of all medical records, medical reports, ~fice .notes,. x.-r_aE_ES op_~[~, physical vhera, py no~es, correspondence .and all _other. records ... ertaining to any care, evaluation..or treat~e, nt rendered to ~A~IF.,.R: ~.~~H~E~,; DOB: 1/09/67; . ;[ Goldber§, Katzaan & Shipman, ~.C., 320 Market Street, <P.o. Box 1268, EarrSsbur§, PA (Add~es s ) 17108-1268 You may der iYe~ oc m~! lecj~bie coo. ~es of [he doc~nen[s oc p~oduce thin~s ~eques[ed by his subpoena, to~e~~ with the certificate of ~liance, to the pa~ty making this equest at the addce~s 1 j sted above. You have the might to seek in advance the measonable ost of p~epa~ir~j the copies o~ p~oducjng the things sought. If you raj I to price the docunents c~ thJncjs nequi~ed by this subpoena within twenty 20) days afte~ j~s se~wJce, the pa~ty se~vin~ this' subpoerm may seek a ooumt ocde~ ~,~llir~ you to cc~ply with it. · ~115 SUBPOENA WAS ISSUED AT THE RE(~3EST OF THE FOLL~I~ PERSON: ~: JO.~ .A. Statler. ~ Esq.:rLre ~ol4be~, [atzaaa ~' St~aa-'~ P.C. ~)RESS :_320_ F-_r¥_-t -Street P O. Box 1268 ...bA_wr{ ~h,_~_~g; PA 171 nR-1268 -:LEPHONE: (717) 234-6161 . . . JPRE~E O~URT ID ~. 43812 .. FTORNEY FOR: Def.enda~.t D~ra~e E. ~ance BY TI~ (X3URT: ' ' ' p~oU~no~r~/ci~k, c{v{i o{V{s{on s~]' of the ~',::' · (Eff. ~/97) · · · ~TH OF P~m~/LVANiA PAGIE R. ~I~R, : : Plaintiff ' v. : F { ] e ~k~. 01-2030 Civil Tern : D~A~ E. ~~E, : : Defender F~ DiaRy ~~ TO ~E 4~9.22 TO: HealthSouth Re~b Center, 503 Bridge Street, Ne~ ~erland, PA 17070 Ent i ~y) ~ce ~e fo] 1~~ ~ts ~ ~i~s. - ' Wi~in tw~ty (20) days aft~ s~vice of ~is s~, y~ ~e ~~~ by ~e ~t f~.ica, therapy ~rds, progress rep~t2 ~~e~_~ ~11 ~edica, records, medical r - ~ · · -~ [e ore - eports therapist notes ~d all oth~- -~p~,~s, t~ct[o~l capacit~ -~, .... =~ [ecor~s perta val~Clons ~ 7 ~~c~uc ever ten ~.~~ (.q~cess) 17108-1268 Y~ ~Y de]~v~ ~ ~] I~{b]e ~~ of the ~ts ~ ~~uce ~{n~s ceques[~ ~is s~~, ~e~~ w{~ ~e ~t{fi~te of ~l{~e, ~ ~he p~ty ~in~ this '~est at ~e ad~e~s ]{s[~ ~ve. Y~ have ~e c{~[ ~ s~k in a~~~ ~e cea~ If y~ fail ~ p~~ ~e ~ts ~ ~i~s r~{c~ by ~{s susa wi~in t~ty [20) ~ys aft~ {~ s~{~, ~e p~ty s~v{~ this' s~~a ~y s~k a ~ct ~d~ . ~ ~ I~ AT ~ RE. ST ~ ~ ~L~I~ p~~: · Jo~ A. S~ler Eseuire . ~E: (717) 234~161 ~ ~ ID ff 43812 . BY TI~ (XX,RT: Seal of' ~he ~~ ~ Oepu~y (Elf. 7*/97) CERTIFICATE OF SERVICE I HEREBY CERT/Fy that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the /~d) ~ day of~,,,f t.4 / t7 ~, 2001, addressed to the following: Robert F. Claraval, Esquire P.O. Box 11965 Harrisburg, PA 17108-1965 Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By: Attorney I. D. No. 43812 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant Dwayne E. Nance PAGIE R. THURBER, · IN THE COURT OF COMMON PLEAS Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA · V. · CIVIL ACTION- LAW · NO. 01-2030 Civil Term DWAYNE E. NANCE, . Defendant ' JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have this day served Plaintiff's Interrogatories Addressed to Defendant- First Set and Plaintiff's Request for Production of Documents Addressed to Defendant First Set by first class mail, postage prepaid, addressed to the following person: John A. Statler, Esq. Goldberg, Katzman & Shipman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 ROBERT F. CLARAVAL, ESQ. Date: DENISE I. WILLIAMS, Secretary ..(-) r.;-.-,; ~ ~. .:.--~-~ . Z~.--' r'-- ' I .' .... C,'".) = i''-~ ,- ..... ----','.,' ,.:_. _ ' ~- : ..... i _.,,.. L._.... .' .~,C'"~ "~ ! t . o;. '...,. ..... .,.._:~. ~. , , ~-:~ C':".: ..... · :-" ' '""'" C_:_L '"---"'-~ .:" "* ..'::2_ .... _., ,,,,-'~.. .~.,.....- ~ .-_ ":,:.~: PAGIE R. THURBER, Plaintiff · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA V. · CIVIL ACTION-LAW DWAYNE E. NANCE, · NO. 01-2030 Civil Term · Defendant ' JURY TRIAL DEMANDED SHOULD NOT BE GRANTED 1. The Petitioner is Robert F. Claraval ofClaraval & Claraval who was retained on April 19, 2000 as Plaintiffs attorney in this matter. 2. The Respondent is Pagie R. Thurber. 3. This case involves a slip and fall on an icy driveway whereby Ms. Thurber was injured at the defendant's premises. The date of the fall was February 10, 2000. 4. A Complaint was filed on April 4, 2001 and Defendant filed an Answer on May 23, 2001. The case has not been listed for trial as there are several depositions including expert depositions which must be scheduled. 5. The Petitioner Robert F. Claraval now seeks a Rule to Show Cause why he should not be permitted to withdraw as counsel for Ms. Thurber in this matter. Plaintiff's counsel does not wish to specify his reasons for his request to withdraw as counsel because under the Rules of Professional Conduct an itemization of those reasons may have an adverse effect on Ms. Thurber's cause of action. 6. Mr. Nance's counsel John Statler, Esq. has given his consent to the filing of this Petition and concurs with Robert F. Claraval's request to withdraw as counsel. WHEREFORE, Petitioner Robert F. Claraval moves this Honorable Court for a Rule to Show Cause why he should not be permitted to withdraw as counsel for Ms. Thurber. CLARAVAL & CLARAVAL B ROB P.O. Box 11965 Harrisburg, PA 17108-1965 (717) 233-4780 Supreme Court I.D. #19222 Attorneys for Plaintiff PAGIE R. THURBER, · IN THE COURT OF COMMON PLEAS Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA V. · CIVIL ACTION- LAW DWAYNE E. NANCE, ' NO. 01-2030 Civil Term · Defendant ' JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of the attached Petition for Rule to Show Cause Why Permission to Withdraw as Counsel Should Not be Grained by first class mail, postage prepaid, addressed to the following person: Pagie Thurber 302 Louisa Lane Mechanicsburg, PA 17055 John A. Statler, Esq. Goldberg, Katzman & Shipman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 CLARAVAL & CLARAVAL Date: ~'/~'/0oQ'- B "' DENISE I. WILLIAMS, Secretary For Robert F. Claraval PAGIE R. THURBER, · .IN THE COURT OF COMMON PLEAS Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA o V. · CIVIL ACTION- LAW DWAYNE E. NANCE, ' NO. 01-2030 Civil Term · Defendant ' JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this day of _, 2002 a Rule is hereby issued on the Plaintiff/Respondent Pagie R. Thurb Robert F. Claraval should not be permitted to withdraw as her attorney in this matter. Service of this Rule shall be made upon Ms. Thurber and counsel for Defendant by regular mail. Rule returnable ~ days from date of service. BY THE COURT: Judge PAGIE R. THURBER, : IN THE COURT OF COMMON PLEAS Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA · v. : CIVIL ACTION - LAW : NO. 01-2030 Civil Term DWAYNE E. NANCE, : Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have this day served a tree and correct copy of this Court' s Rule to Show Cause dated May 9, 2002 by first class mail, postage prepaid, addressed to the following persons: Pagie Thurber 302 Louisa Lane Mechanicsburg, PA 17055 John A. Statler, Esq. Goldberg, Katzman & Shipman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 CLARAVAL & CLARAVAL Date' ~' / it-//0~ By ~N)~ ~,IC~k}} Q /)k) ~J[;~ DENISE I. WILLIAMS, Secretary For Robert F. Claraval PAGIE R. THURBER, · IN THE COURT OF COMMON PLEAS Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA v. · CIVIL ACTION - LAW · NO. 01-2030 Civil Term DWAYNE E. NANCE, · Defendant · JURY TRIAL DEMANDED MOTION TO MAKE RUI.E ABSOI,UTF, 1. On May 2, 2002 Robert F. Claraval filed a Petition to Withdraw as counsel in the above captioned matter. 2. On May 9, 2002 the Honorable George E. Hoffer issued a Rule to Show Cause, a copy of which is Appendix A, providing 15 days for Pagie R. Thurber to respond to the Petition. 3. A copy of the Rule to Show Cause was served by regular mail upon Pagie R. Thurber and counsel for Defendant on May 14, 2002. A Certificate of Service was filed with the Prothonotary's Office verifying service, copy attached as Appendix B. 4. As of the date of the filing of this Motion Pagie R. Thurber has not responded in any way. WHEREFORE, it is respectfully requested that this Honorable Court issue an Order permitting Robert F. Claraval to withdraw as counsel. A proposed order is attached. CLARAVAL & CLARAVAL Date: --~~~t~~~,~-~ B ROBERT F. CLARAVAL~--~~~ P.O. Box 1 ! 965 Harrisburg, PA 17108-1965 (717) 233-4780 Supreme Court I.D. #19222 Attorneys for Plaintiff PAGIE R. THURBER, · IN THE COURT OF COMMON PLEAS Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA · V. ·CIVIL ACTION- LAW DWAYNE E. NANCE, 'NO. 01-2030 Civil Term Defendant ·JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of the attached Motion to Make Rule Absolute by first class mail, postage prepaid, addressed to the following persons: Pagie Thurber 302 Louisa Lane Mechanicsburg, pA 17055 John A. Statler, Esq. Goldberg, Katzman & Shipman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 CLARAVAL & CLARAVAL Date' g/Sl/Ool, B DENISE I. WILLIAMS, Secretary For Robert F. Claraval Exhibit A · · . . MAY 200Z , PAGIE R. THURBER, ·IN THE COURT OF COMMON PLEAS Plaintiff 'CUMBERLAND COUNTY, PENNSYLVANIA v. ·CIVIL ACTION- LAW ·NO. 01-2030 Civil Term DWAYNE E. NANCE, . Defendant ' JURY TRIAL DEMANDED RULE TO SHOW CAUSF, AND NOW, this_ ?~ _ day of_ ~ a.~ _, 2002 a Rule is hereby issued on the Plaintiff]Respondent Pagie R. Thurber why Robert F. Claraval should not be permitted to withdraw as her attorney in this matter. Service of this Rule shall be made upon'Ms. Thurber and counsel for Defendant by regular mail. Rule returnable_ 13"' days from date of service. BY THE COURT: Judge Exhibit B Robert F. Clara al - Attorney at law P.O. Box 1 ! 965 500 NORTH THIRD STREET, 2.~ FLOOR HARRISBURG, PA 17108-1965 LOUIS j. ADLER (1959-1999) ROBERT F. CLARAVAL TELEPHONE (717) 233-4780 ADLER & CLARAVAL FAX (717) 233-5830 (1974-2000) May 14, 2002 Prothonotary's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Thurber v. Nance No. 01-2030 Civil Term Dear Prothonotary: Enclosed for filing please find a Certificate of Service proving service of th' ' to Show Cause dated May 9, 2002 u on · · . ~s Court s Rule in the above action, p the Plmnt~ffPag~e R. Thurber and counsel for Defendant Thank you for your attention to this matter. · RFC:diw Enclosure (Certificate of Service) cc: Pagie R. Thurber John A. Statler, Esq. PAGIE R. THURBER, 'IN THE COURT OF COMMON PLEAS Plaintiff 'CUMBERLAND COUNTY, PENNSYLVANIA v. 'CIVIL ACTION - LAW ·NO. 01-2030 Civil Term DWAYNE E. NANCE, · Defendant ' JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have this day served a tree and correct copy of this Court's Rule to Show Cause dated May 9, 2002 by first class mail, postage prepaid, addressed to the following persons: Pagie Thurber 302 Louisa Lane Mechanicsburg, PA 17055 John A. Statler, Esq. Goldberg, Katzman & Shipman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 CLARAVAL & CLARAVAL DENISE I. WILLIAMS, Secretary For Robert F. Claraval 4 PAGIE R. THURBER, · IN THE COURT OF COMMON PLEAS Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA · v. · CIVIL ACTION- LAW · NO. 01-2030 Civil Term DWAYNE E. NANCE, · Defendant · JURY TRIAL DEMANDED ORDER AND NOW, this ~~'~~ day of~ ,2002 it is hereby ORDERED that Robert F. Claraval, Esquire is granted permission to withdraw as counsel for Plaintiff in the above captioned action by the filing of a Praecipe. BY THE COURT' Judge PAGIE R. THURBER, Plaintiff · 1N THE COURT OF COMMON PLEAS ·CUMBERLAND COUNTY, PENNSYLVANIA · V. · CIVIL ACTION. LAW DWAYNE E. NANCE, · NO. 01-2030 Civil Term Defendant ' JURY TRIAL DEMANDED TO THE PROTHONOTARY: Pursuant to President Judge Hoffer's Order dated June 7, 2002, p/ease withdraw my appearance as counsel for Plaintiff in the above captioned action. CLARAVAL & CLARAVAL Date: By P.O. Box 1196~ ..... ' ~ Harrisburg, PA 17108-1965 (717) 233-4780 Supreme Court I.D. #19222 PAGIE R. THURBER, · IN THE COURT OF COMMON PLEAS Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA v. · CIVIL ACTION - LAW · NO. 01-2030 Civil Term DWAYNE E. NANCE, ' Defendant · JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have this day served a tree and correct copy the attached Praecipe to Withdraw as Counsel by first class mail, postage prepaid, addressed to the following persons: Pagie Thurber 302 Louisa Lane Mechanicsburg, PA 17055 John A. Statler, Esq. Goldberg, Katzman & Shipman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 CLARAVAL & CLARAVAL o Date: (O[]l [0~ B -- , , DENISE I. WILLIAMS, Secretary For Robert F. Claraval (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) ( X ) for JURY trial at the next term of civil court. ( ) fo.r trial without a jury. CA~TION '*OF CASE (check one) (entire caption must be stated in full) PAGIE R.' TBUI~~, ( ) Assumpsit (X) Trespass ( ) Trespass (Motor Vehicle) ( ) --------- (other) (Plaintiff) vs. The trial list will be called on August 13~ 2002 DWAYNE E. NANCE, and Trials commence on S~~e~er 9, 2002 __._.. (Defendant) Pretrials will be held on August: 21~ 2002_. (Briefs are due 5 days before pretrials.) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214-1.) 01-2030 Civil Term 19 ..... No. Indicate the attorney who will try case for the party who files this praecipe: John A. Statler, Esquire, Attorne~ for Defendan__Xt Indicate trial counsel for other parties if known: Pagie R. Thurber, Pro Se, Plaintiff ._ This case is ready for trial. Signed: Print Name: joba R. Statle]:__,_ F. squi]:~e___.._-- Date: July 16, 2002 Attorney for: ])e~eada~C__.._D~a_~e E. l~aa____c._e____ CERTI~CATE OF SERVICE I HEREBY CERTIFY that I served a tree and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the I {~ '~ ~~_ day of --.J 2002, addressed to the following: Mrs. Pagie R. Thurber 302 Louisa Lane Mechanicsburg, PA 17055 Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By: Attorney I. D. No. 43812 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant Dwayne E. Nance #15 Hoffer PAIGE R. THURBER, · IN THE 'COURT OF COMMON PLEAS OF Plaintiff · CUMBERED COUNTY, PER'NSYLVANIA V. · 01-2030 CIVIL · DWAYNE E. Ng2XlCE, · CIVIL'ACTION - I_~W Defendant · IN RE- CASE CONTINUED ORDER OF COURT AND NOW, August 13, 2002, this case havin~ been called for trial by John R. Statler, Esquire, Goldberg, Katzman and Shipman, and the plaintiff havin9 appeared pro se and having requested a continuance from this trial list, plaintiff's request for continuance until the November term is 9ranted. Ms. Thurber's prior attorney, Robert Claraval, Esquire, withdrew from representin9 plaintiff in June 2002. Ms. Thurber claims that she has been lookin9 for an attorney to represent her since that time, but only now has scheduled an appointment with an attorney named Kurt Blake, Esquire, of 29 East Philadelphia Street, York, Pennsylvania. She claims to have an appointment with Mr. Blake, who she indicates has agreed to accept her case over the telephone, on August 28, 2002, at 6.00 p.m. at his office. The Court requests Mr. Blake to inform the Court and defense counsel by letter after his appointment with Ms. Thurber to inform the Court of Mr. Blake's appearance or nonappearance in this matter. The Court directs that the case will be listed for trial in November without further listin9 by counsel or Order of #15 Hoffer · IN THE COURT OF COMMON PLEAS OF PAIGE R. THURBER, PENNSYLVANIA Plaintiff · CUMBERLAND COUNTY, · V. · 01-2030 CIVIL · DWAYNE E. NANCE, . CIVIL'ACTION - LAW Defendant ' IN RE: CASE CONTINUED ORDER OF COUR~ AND NOW, August 13, 2002, this case having been called for trial by John R. Statler, Esquire, Goldber9, Katzman and Shipman, and the plaintiff having appeared pro se and having requested a continuance from this trial list, plaintiff's request for continuance until the November term is granted. Ms. Thurber's prior attorney, Robert Claraval, Esquire, withdrew from representing plaintiff in June 2002. Ms. Thurber claims that she has been looking for an attorney to represent her since that time, but only now has scheduled an appointment with an attorney named Kurt Blake, Esquire, of 29 East Philadelphia Street, York, Pennsylvania. She claims to have an appointment with Mr. Blake, who she indicates has agreed to accept her case over the telephone, on August 28, 2002, at 6-00 p.m. at his office. The Court requests Mr. Blake to inform the Court and defense counsel by letter after his appointment with Ms. Thurber to inform the Court of Mr. Blake's appearance or nonappearance in this matter. The Court directs that the case will be listed for trial in November without further listing by counsel or Order of 01-2030 Civil Pa~e 2 Court. The next appearance for plaintiff and her counsel will be at the pretrial conference on the fourth floor of the courthouse on Wednesday, October 16, 2002, at 9-00 a.m. Pa±~e R Thurber, Plaintiff /1051 Al~endale Road Apartment I Mechanicsbur~, Pa., 17055 /John R. Statler, Esquire For the Defendant /kurt Blake, Esquire 29 E. Philadelphia St. York, Pa. 17404 Prothonotary Court Administrator -mtf PAGIE R. THURBER · IN THE COURT OF COMMON PLEAS 'CUMBERL~D COUNTY, PENNSYLVANIA V. 'CIVIL ACTION- LAW DWAYNE E. NANCE 'No. 01-2030 Civil Term ?RAECIPF~ To the Prothonotary of Cumberland County: Please withdraw Plaintiff's Complaint without prejudice. Plaintiff ~ I~,_) -~-~ ~'-.-':., .C::D .... ... .n"t i'T'~ ---.4 ; , ....--'---: -.- ~ t."'i'-i Z.-, ~ ,~.~ Ct..~ ?-' C'.,", '" ! ~""'"' ...... ---..: .,-' · (:.-) r::.: (i... -' .... · .! -:-_..... ~:.~.~ ;. -::'.-:~ ':~' C-:; "'.L:',,:: . .. ,,...~ ._~ .... """: OO ':: '~' ' ' ':[;" CT_.: ·- -:---:.r. ¢..n # 22 OLER PAGIE R. THURBRE, ' IN THE COURT OF COMMON PLEAS OF Plaintiff · CUMBERLAND COUNTY PENNSYLVANIA · ¥. · CIVIL ACTION - LAW · DWAYNE E. NANCE, . Defendant · No. 01-2030 CIVIL TERM ORDER OF COURT AND NOW, this 16th day of October, 2002, a pretrial conference havin~ been scheduled in the above-captioned matter for today,s date, and Defendant,s counsel, John A. Statler, Esquire, havin~ filed a pretrial memorandum, and havin~ appeared for the pretrial conference, and Plaintiff havin~ failed to file a pretrial memorandum, and havin~ failed to appear at the pretrial conference, and havin~ filed with the prothonotary a praecipe to withdraw her complaint, Plaintiff,s complaint is dismissed with prejudice. By the Court, Pagie R. Thurber, Pro Se 1051 Allendale Road Mechanicsburg, PA 17055 and 20 Bellmore Road John A. Statler, Esquire Camp Hill, PA 17011 ' For the Defendant · and ~ .~ 342 Loui sa Lane ~o ~ ~-- ~2_. Mechanicsburg, PA 17055 ~. Court Administrator wcy