HomeMy WebLinkAbout01-2910
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
YOUNG
Vs.
NO. 012910
LEASE
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena(s) for documents and things
pursuant to Rule 4009.22 JOHN J MCNALLY III, ESQUIRE certifies that:
1. A Notice of Intent to Serve the Subpoena(s) with a copy of
the subpoena(s) attached thereto was mailed or delivered to
each party at least twenty days prior to the date on which
the subpoena(s) is sought to be served,
2. A copy of the Notice of Intent, including the proposed
subpoena(s) is attached to this certificate,
3. No objection to the subpoena(s) has been received, and
4. The subpoena(s) which will be served is identical to
the subpoena(s) which is attached to the Notice of Intent
to Serve the Subpoena(s).
Date: 07/29/04
JOHN J MCNALLY III, ESQUIRE
305 N FRONT ST 6TH FLOOR
PO BOX 999
HARRISBURG, PA 17108-0999
717-237-7151
ATTORNEY FOR DEFENDANT
INQUIRIES SHOULD BB ADDRBSSED TO:
MEDICAL LEGAL REPRODUCTIONS, INC.
4940 DISSTON STREET
PHILADELPHIA PA 19135
(215)
File #: M312559
By: Lisa Sheridan
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
YOUNG
Vs.
LEASE No. 012910
TO: SAMUEL ANDES, ESQ (PLAINTIFF)
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE
DOCUMENTS AND TIDNGS FOR DISCOVERY PURSUANT TO RULE 4009.21
DEFENDANT intends to serve a subpoena(s) identical to
the one(s) attached to this notice. You have twenty (20) days
from the date listed below in which to file of record and serve upon
the undersigned an objection to the subpoena. If no objection is
made the subpoena may be served.
Date: 07/08/04
JOHN J MCNALLY III, ESQUIRE
305 N FRONT ST 6TH FLOOR
PO BOX 999
HARRISBURG, PA 17108-0999
ATTORNEY FOR DEFENDANT
INQUIRIBS SHOULD BB ADDRBSSED TO:
MEDICAL LEGAL REPRODUCTIONS, INC.
4940 DISSTON STREET
PHILADELPHIA, PA 19135
(215) 335-3336
By: Lisa Sheridan
Enc(s): copy of subpoena(s)
Counsel return card
File #: 11312559
CCMOMFALTH OF PENNSYLVANIA
CDJNrY OF <nmEmAH>
YOUNG
Va.
F; Ie No.
012910
LEASE
SUBPOENA TO PROOUCE DClCU'ENTS ~. BJ:LLJ:NG RBQUBSTBD
FOR 0 I SCOVERY PURSUANT TO RULE 4009.22
POLYCLINIC HOSP, 2601 N THIRD ST, HARRISBURG PA 17110
TO: A'I"1'N' MF:DICAL RECORDS DEPT
(N8'lle of Person or Entity)
Within twenty (20) days after service of this subpoena. you are ordered by the court to
prociJce the follow;ng docunent" or things:
. SEE A'lTAl.:Hlill AUUENUUM
at
MEDJ:CAL LBGAL RBPRODUCTJ:ONS{AD'ess,940 DJ:SSTON ST., PBJ:LA., PA
You may del ;ver or ma; 1 leg;ble copies of the docunents or produce things reQUested !>',
this subpoena, together with the certificate of ~l1ance, to the party making th;~
request at the address listed lIbove. You have the right to seek ;n advance the reao;onablE
cost of preparing the copies or producing the things sought.
I f you fa; 1 to produce the docunents or things required by this subpoena within t..-enty
(20) days after its serv~ce, the party serving th;!1 subpoena may seek a court orde;'
cxrrpelhng you to carply with it.
ni I S SUBPOENA WAS
NA/'E :
ADDRESS:
ISSUED AT THE REQUEST OF lliE FOLLONING PERSON:
JOHN J MCNALLY III, ESQ
305 N FRONT ST 6TH FLOOR
HARRISBURG, PA 17108-0999
TELF.PI-K)NE :
SlPREl'E OClU'lT 10 41
ATTORNEY FOR:
215-335-3212
DEFENDANT
BY nE 00l.Rr:
rbd.~ p f! ~"'. ..-)
Prothonotary/Ol k Oiy;.l
~. 0 Tw"PILV
o;v;s;on
M312559-01
DATE: ~ '"b J.l .)UrJ<l
S 1 f the Court
Deputy
(Eff. 7/97)
. -
ADDENDUM TO SUBPOENA
YOUNG
Vs.
I
No. 012910
LEASE
CUSTODIAN OF RECORDS FOR: POLYCLINIC HOSP
**SEE ATTACHED ADDENDUM**
PERTAINING TO:
NAME: JASON W YOUNG
ADDRESS: 122 S 7TH ST LEMOYNE PA
DATE OF BIRTH: 06/07/77
SSAN: 168681366
MEDICAL BILLING REQUESTED
ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED.
~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
RECORD CUSTODIAN - COMPLETE AND RETURN
[ ] RECORDS ARE ATrACHED HERETO: I hereby certify as custodian of
records that, to the best of my knowledge, information and
belief all documents or things above mentioned have been produced.
[ ] NO DOCUMENTS A VAIUBLE: I hereby certify that a thorough search
has been made and that no record of the following documents have
been located (CHECK THE APPROPRIATE BOX) :
( ) RECORDS
( ) X-RAYS
( ) PATIENT BILLING
( ) RECORDS / XRAYS have been destroyed
Date
Authorized s~gnature for
POLYCLINIC HOSP
CUMBERLAND
M312559-01
** if SIGN AND RETURN THIS PAGE ** if
M T.
.L
iR
MEDICAL LEGAL REPRODUCTIONS. INC
M.. O~
4940 DIuIDD SIreet
PhOadelphla, Pa. 19135
PhODe: (215) 335-3111
FaJ:: (115) 338-1ll1O
E-maO Addres.: ~Hlq.CtI..
JeII'enoa BId... Salle !lZ6
1015 Cheablat Street
PhllUe1p.h1a, Pa 19107
~mml)1lII
POLYCLImc HOSP
AHY AND ALL RBCoRDB, INCLUDING BtJ'l' Il1O'.1' LIM:r'l'BD '1'0, AHY AND ALL
RBCmms, CORRBS1>OImBNcB, PILBS AIm 1IBIIORAImmrs, PROGRBSS IfO'l'BS,
CLInC NO'l'BS, IIIPA'1'I~ Alm/OR otJ'1'pA'1'I~ RBCORDS, RADIOLOGICAL
RBPOR'1'S, BAImInu:'1"1'IDr IIIO'.1'BS, BILLING AND PA11iiD1'1' RBCORDB RBLA'1'IIIfG
'1'0 AHY BXAMINA.'1'IOIiJ', IIIPA'1'IBIft' AND/OR OU'l'PA'1'I~ COIiJ'StJL'1'A'1'IOIiJ',
CARl: OR '1'Rl!:A'.l'IIBM'1', BTC. I'ROK 1990 '1'0 '1'BB PRBS~.
E..I Col. C.'I.r.309 ,........., Rd. ML Lo...... NJ lIIl154
W Uberty A_.e, Sulle _ CNG T....r. P1111b...b. Po 15Z1Z (110) 436-1479
~
JASON W. YOUNG. ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
) COUNTV, PENNSVL VANIA
)
vs. ) CIVIL ACTION - LAW
) NO. 01, J..lffO Cw<1 'Iv-
)
SANDRA W. LEASE, )
Defendant ) JURV TRIAL DEMANDED
NOTICE
TO DEFENDANT NAMED HEREIN:
YOU HAVE BEEN SUEO IN COURT. IF YOU WiSH TO OEFENO AGAINST THE CLAIN
sET FORTH IN -mE FOLLOWING PAGES. YOU MUST TAKE ACTION WITHIN T\NENT'f 12(
OAyS AFTER THIS COMPlAINT ANa NOTICE ARE SERVEO, BY ENTERING A WRI"!TEN
APPEARANCE PERSONALLY OR BY A "!TORNEY ....0 flUNG IN WRITING WITH -mE
CouRT YOUR OEFENSES OR OBJECTIONS TO -mE CLAIMS sET FORTH AGAINST YOLo
YOU ARE WARNEO THAT IF YOU FAIL TO 00 Sa, THE CASE MAV PROCEEO \I\I1THOlrt
VOU, ....0 A JUOGMENT MAV BE ENTEREO AGAINST VOU BV THE COURT WeTHOUT
FURTHER NOl1CE FOR ANV MONEY CLAIMEO IN THE COMPlAINT OR FOR ANV OTHE
CLAIM OR RWEF REOUESTEO BV THE PLAINTIFF. VOU MAV LOSE MONEY OR PROI'E
OR OTHER RIGHTS IMPORTANT TO YOU.
VOU SHOULO TAKE THIS PAPER TO VOUR LAWVER AT ONCE. IF VOU 00 N'"
HAVE A LAWVER OR CANNOT AFFORO ONE, GO TO OR TELEPHONE THE OFFICE SE
FORTH BELOW TO FINO OUT WHERE VOU C.... GET LEGAL HElP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 L1BERTV AVENUE
CARLISLE. PENNSVLVANIA 17013
TELEPHONE: (717) 249-3166
"
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vs.
)
)
)
)
)
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)
)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
JASON W. YOUNG,
Plaintiff
CIVIL ACTION - LAW
NO. 0/..1. q/o Cu;.i r v--
SANDRA W. LEASE,
Defendant
JURY TRIAL DEMANDED
COMPLAINT
AND NOW comes the above-named Plaintiff, by his attorney, Samuel ~. Andes, and
makes the following Complaint in this matter:
1. The Plaintiff is Jason W. Young, an adult individual who resides at 428 Water
Street in New Cumberland, Cumberland County, Pennsylvania.
2. The Defendant is Sandra W. Lease, an adult individual who resides at 108
Yellow Breeches Drive in Camp Hill, Cumberland County, Pennsylvania.
3. On 26 June 1999, at approximately 2:28 p.m., Plaintiff had just parked a motor
vehicle on the northern side of State Street, just east of the intersection of State Street
and South Eighth Street, all in the Borough of Lemoyne, Cumberland County,
Pennsylvania.
4. After he parked the vehicle, Plaintiff exited it and stood next to the vehicle
waiting for an opportunity to cross the street.
5. At the same time and place Defendant was operating a 1990 Olsmobile Cutlass
automobile in a westerly direction along State Street.
6. At the time, date, and place described above, Defendant caused and allowed
her motor vehicle to strike Plaintiff.
7. The collision of Defendant's vehicle with Plaintiff's body was due solely to the
negligence and carelessness of the Defendant. Defendant's negligence and carelessness,
included the following:
A. Defendant was operating the vehicle at a rate of speed which was
unreasonable under the circumstances; and
"
B. Defendant operated her vehicle too close to the right side of the
lane in which she was traveling and, as a result, struck Plaintiff while he was
standing in a safe location; and
C. Defendant failed to maintain a proper look out and observe Plaintiff
where he was standing; and
D. Defendant failed to operate her vehicle with proper regard for the
presence of the Plaintiff, who was lawfully upon the roadway when he was
struck; and
E. Defendant failed to have her motor vehicle under proper and
adequate control so as to avoid striking Plaintiff where he was lawfully
standing; and
F. Defendant failed to operate her vehicle in accordance with the rules
of the road, the laws of the Commonwealth of Pennsylvania, and the
ordinances of the Borough of Lemoyne; and
G. Defendant operated her vehicle so carelessly and negligently that
she allowed it to come into contact with and to forcibly strike and seriously
injure Plaintiff while he was located in a lawful place.
8. Solely and directly as a result of the collision between Defendant's motor
vehicle and Plaintiff, which resulted solely from the negligence and carelessness of
Defendant, Plaintiff suffered serious injuries, which include:
A. A compound fracture of his left tibia-fibula; and
B. Several broken and cracked rib; and
C. A degloving scalp laceration; and
D. A serious laceration near his right eye brow; and
E. A large and serious laceration on his left ankle, foot, and leg; and
F. A large laceration on his right back; and
G. Various other lacerations, contusions, and abrasions to his arms,
legs, head, and body; and
H. Severe shock to his nerves and nervous system; and
I. Serious, continuing, and debilitating pain, suffering, and aguish.
"
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9. 'n "'"" fo :;':n '''''~ito """' in tho '"'.", ~. :;'''' '.11 """', '" "ill '
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Or gainfUl ernploYrne t ~ s Of Defendant, Plaintiff was U bl ed becaUse Of the
n 'Or a prolon d . na e to hOld. I
lterrUPted thereafter ~ h' ge tlrne after his iniurl' Or rnalntain regUlar I
. 'Of to n... . " '" h.. h . h'
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Uture Incorn I
73. Defendant b h e as a result of the I
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"'-'" ....... on. C"""''''''' h '.
, as In/ured PIa' 'f
.........,.. PI' . "0 " '_'"''
' alntlff dernands .
0' '>0'''''''.00, "'". '" ""'."'''' ....." De......., .
"'" fro", 2. Jun. '999 " an ....." ..
' Plus COSts of SUit.
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Sa I L. An
Attorney for Plaintiff
Suprerne COUrt 10 II 77
525 NOrth 72r~ 225
L Street
ernoYne, PA 77043
(777) 767-5367
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I COMMONWEALTH OF PENNSYLVANIA
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COUNTY OF CUMBERLAND
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55.:
JASON W. YOUNG, being duly sworn according to law, deposes and says that the
facts set forth in the foregoing document are true and correct to the best of his
knowledge, information, and belief.
.j(:J."~- .
JAS~ W. -----
,.
Sworn to and subscribed
bef~me thiSC:lctl') day
f "
o L~.. . 2001.
~'Y\ \.. f. tttt~"IJ:;")
Notary blic
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In the Court of Common Pleas of
Cumberland County, Pennsylvania
vs.
No. 01- 2..", 10
Civil:;Ji.'......
c::::,,::o...-AM. 1..9. ~.,,~
T; ~rI' -
a~::ll"""
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To
ProlhonoulrY
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Tenn, 19 _
."":.;':"py
No.
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vs.
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CU"-"'-':J;- ,U A
;"P6.jI\SYLVI\NI '
PRAECIPE
19_
, Atly.
Filed
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2001-02910 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
YOUNG JASON W
VS
LEASE SANDRA W
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:
LEASE SANDRA W
but was unable to locate Her
in his bailiwick. He therefore
deputized the sheriff of YORK
serve the within COMPLAINT & NOTICE
County, Pennsylvania, to
On July
11th , 2001 , this office was in receipt of the
attached return from YORK
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep York County
18.00
9.00
10.00
48.98
.00
85.98
07/11/2001
SAMUEL ANDES
S~_ _;
R ~ Thomas Kl~; - : .----.
Sheriff of Cumberland County
Sworn and subscribed to before
this I r.d... day of ,fa.ly
oed A D.
me
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ttrot
"XnJ
COUNTY OF YORK
OFFICE OF THE SHERIFF
28 EAST MARKET ST.. YORK, PA 17401
SERVICE CALL
(717) 771-9601
SHERIFF SERVICE
PROCESS RECEIPT and AFFIDAVIT OF RETURN
INSTRUCnONS
PLEASE TYPE ON. Y LI\IE 1 TtMU 12
DO NOT DETACH ANY COPES
2 Cwr!~r~'bivil
4 TYPE OF WRIT OR COMPlAINT
, PLAINTIFF,SI
Jasen W. Young
3 DEFENDANT/Sf
W_ Notice and Canplaint
SERVE { 5 NAME OF INDMDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD
..... Sandra W. Lease
..,.. e. ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO. CITY. BORO. T1M'.. STATE AND ZIP CODE)
AT 108 Yellow Breeches Dr. Canp Hill. PA 17011
7. INDICATE SERVICE CI PERSONAL CI PERSON IN CHARGE XJlI DEPUTIZE CI ERr MAl C1.ST ClASS MAIL CI POSTED CI OTHER
NOW June 18. , 20~ I, SHERIFF OF COU~~~ hereby deputize the sheriff of
York COUNTY to execute ~ '-~eftlm t~ccording
to law. This deputization being made at the request and risk of the plaintiff. r -<./' ~ -:c;;
SHERIFF OF COUNTY
B SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE LUI11:ler lane
ADVANCED FEE PAID BY ATTY.
OUT OF COUNTY
CUMBERLAND
NOTE: ONLY APPLICABLE ON WRIT OF EXEcunON: N.B. WAIVER OF WATCHMAN. Any depuly sherft'levying upon or altachlng Iny property under within wnt may leave same
without a watchman. in custody or wt'Ic:Nneo.ef is found in P""",..,.... 8fIBr noUfying person of levy or atl8chrnenl without liability on the part or such deputy or the Sheriit' to any plaintiff
herein for any lOll. destruclion. or removal 01 any property before Iherifl'IUIe thereof.
B. TYPE NAME and ADDRESS or ATTORNEY I ORIGINATOR _ SIGNAlURE '0. TELEPHONE NUMBER 11 DATE FILED
SAMUEL L. ANDES 525 N. 12th ST. LEMOYNF.. PA 17043 761-5361 6-14-01
, 2. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (ThIS.... must be completed if notice ilia be mIlled)
CUMBERLAND CO. SHERIFF
SPACE BELOW FOR USE CF TIE S1Eio_ r - DO NOT WRITE BELOW 1HS LN
13. I acknowledge receipt oflhe wrd: 14. DATE RECEIVED 15. ExpirBlionlHearing Date
llI'lXlmplaintasindicaleda_. R. AHRENS 6-19-01 7-14-01
RESIDENCE
POSTED ( )
POE(
SHERIFF'S OFFICE ( )
OTHER ( )
SEE REMARKS BELOW
MPTS .0,18 Tlme
/IIJ.S'
oi
22 REMARKS
^v
'"
"-.j23. Advance Costs
"""' 100.00
7-/,-0'
hec:kNo--,
t.f1Jl5
IIOSE
48. Signlllul8 01 FOI8lQn
County Shari.
IGNAlURE
~/
7-5-01
49 DATE
51 DATE RECEIVED
1. V\lHITE . lsaulng AuthOrity 2 PINk - Attorney 3 CANARY - Shelill's Office 4. BLUE _ Sherill's Office
- ....-
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82 If W!J 6t Nni' W.
Vd')/HOA
.:I.:I/IJ3HS .:10 30/.:1.:10
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CO!,lNTY OF YORK
OFFICE Of'jliE SHERIFF
28 EAST MARKET ST.. YORK, PA 17401
---~--.._._.- -.~----_ ___h___
.'
SERVICE CALL
... <:1;17) 771-9601
SHERIFF SERVICE
PROCESS RECEIPT and AFFIDAVIT OF RETURN
InSf II~ ~.. ':..cur-q
INSTRUCTIONS
PLEASE TYPE"OM.. Y LIE l11tRU 12
DO NOT DETACH ANY COPIES
2. cqy~!~~"'Rciv11
4. TYPE OF WRIT OR COMPLAINT
1. PlAINTIFF/SI
3. DEFENDANT/SI
~'H.U."Li: w. LCdS': ~/.t.lC(?' ...:luj ~.:.'H!r'.i;.; i".
SERVE { :5:,.:~~~.~F ~~DI~'~~~~~COMPANY. CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED. OR SOLD
.. 6. ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO.. CITY. BORO, TWP , STATE AND ZIP CODE)
AT iC") tt:.~j,.,\\ t~l~'t~C'I'L:~ rtr. \._""'r.~.' ~.i 11, I', 1701:
7. INDICATE SERVICE: Q PERSONAL Q PERSON IN CHARGE }lXDEPUTIZE Q ~RT.. L Q 1ST ClASS MAIL Q POSTED Q OTHER
NOW .}une l<l. ,20~ I, SHERIFF OF COUNTY, PA,
','C,'k 'I. COUNltf to execute
to law. This depulization being mad"'at the request and risk of the plaintiff.
B. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE;
,4uVMIC~D r Fi: '-~lfj I:Y ATTY.
L)I'T ~F LOi.J~:ry
~1.lMBf:~U\~~'
~ OM.. Y APPucA1lLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN. Aff'/ deputy shorifllevying upon or ellac:hing eny propef\y under _in writ may leave ..me
wIIhobt a W81c:hman, in CUIlody of whomever is found in PGlIHIion, after notifying peraon or levy Dr aftachmenr, without liabilily on the pan of SUCh deputy or 1M sherin'to any plainlin'
heR!iln far any lou, deslruelion, or removal or any property before Iheritrs sale thereof.
8. TYPE.NAME and ADORESS of ATTORNEY I ORIGINATOR and SIGNATURE
.-1\....... . AN"' - .", '? ., l-"n." '. ... \'
.,)'1'rlllLl L. lH:....l ~c..:. I:. h.t" ~. t'.'"1UY!t..;., Pr~ nl :::..i
'0. TELEPHONE NUMBER ". DATE FILED
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW (ThIS area mUlt be completad if nDtic8 II to be mailed).
CLtt.~C:::Kll\r.j:) :~f.. ~:.!.:r.; ~ ~j:
((;1 .~<-t~)j
5-11~-ln
-.....
- -
SPACE BELOW FOR USE OF TIE SfERFF .- DO NOT W
13. I BCknDWledge receipt or the wril
or camplalnt IS indicated lbove r
". ~.;I~'.!~'::
....~
BElOW TItS LR
14. DATE RECEIVED
4;-1 ~-01
15 ExpiraUonlHe.lring Dale
:- i.. ..,I',
SEE REMARKS BELOW
22. REMARKS,
,
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"..-
.r _"
23. __ Cools
i (h.. Q~..'
Check No.
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42. day 01 .,~ .20"':'''3 .-' !lep.S....W
PR~y/NOTARy .4~.. StgnBtureO!'Yo
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IGNATURE
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49. DATE
51 DATE RECEIVED
1. VlffITE. IIILlng Authority 2. P.INK - A~ey 3 CANARY _ She~lI"s Office 4 BLUE _ Sh~l'Irrl Office
"
THOMAS, TItOW.S .. HAfER. LL'
lellrev 8. Rettig. Esquire
1.0. Number: 19616
lohn I. McNallY, III. Esquire
1.0. Number: 52661
305 North front Street
'.0. 80x 99'J
Harrisbul'l\. 'A 17101\00999
(717)255-7639
Atlomevs lor ()elenclanl Sandra w. Lease
IASON W. '(OUNG
plaintiff,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNT'(, pENNS'(LVANIA
: CIVIL ACTION - LAW
: No. 01-2910
v.
SANDRA W. LEASE,
Defendant.
P1- _ 00' __ "" """","", """" W. l_, ,.'" --- ""'"""'"
ENTRY Of APPEARANCE
. R i squire
1.0. umber: 19616
lonn I. McNally. III, Esquire
1.0. No.: 52661
305 Nortn front Street
P.O. Box 999
Harrisburg,pA 17101
(717) 237-7116
case.
Dated:
CERTIFICATE OF SERVICE
~""'" ,""" .11 ro""~1 of """" by fim d.. Uo"'" 5_ m.lI, """" -~, .......... ~
I hereby state that a true and correct copy of the foregoing Entry of Appearance was
follows, on the date set forth below:
By First Class U.S. Mail:
Samuel L. Andes, Esquire
525 North 12'h Street
Lemoyne, PA 17043
THOMAS, THOMAS lie HAFER, LLP
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY. PENNSYLVANIA
: CIVIL ACTION - LAW
JASON W. YOUNG,
v.
: No. 01-2910
SANDRA W. LEASE.
Defendant
NOTICE TO PL.EAD
To: Jason W. Young and his attomey,
Samuel L. Andes. Esquire
YOU ARE HEREBY NOTIFIED to file a written response to the enclosed
Defendant's Answer to Plaintiff's Complaint with New Matter within twenty (20) days
from service hereof or a judgment may be entered against you.
Respectfully submitted,
THOMAS. THOMAS & HAFER, LLP
P.O. Box 999
Harrisburg. PA 17108
Attomey for Defendant
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
JASON W. YOUNG,
v.
: No. 01-2910
SANDRA W. LEASE,
Defendant
DEFENDANT'S ANSWER TO
PLAINTIFF'S COMPLAINT WITH NEW MATTER
AND NOW comes the Defendant, by her attomeys, Thomas, Thomas & Hafer,
LLP, and answers Plaintiff's Complaint as follows:
1. Denied. After reasonable investigation, Defendant Sandra W. Lease
cannot confirm or deny Plaintiff's current address and strict proof thereof is demanded at
trial.
2. Denied in part. The Defendant's home is located in Yorl<. County, not
Cumberland County.
3. Denied. After reasonable investigation, Answering Defendant is without
knowledge or information sufficient to form a belief as to how long Plaintiff was in his
vehicle at the location referenced, and proof thereof is demanded.
4. Denied. Plaintiff exited his vehicle directly into the oncoming path of
Defendant without first determining it was safe to do so, such that Defendant had no
time to react in order to avoid the accident.
5. Admitted.
6. Denied. To the extent an answer is warranted, these allegations
represent conclusions of law to which no reply is required and strict proof thereof is
demanded at trial. To the extent an Answer is warranted, the Plaintiff's act of
negligence, namely, stepping directly into the path of the oncoming Defendant, without
first determining it was safe to do so, caused and allowed the Defendant's motor vehicle
to strike Plaintiff.
7. Denied. To the extent an answer is warranted, these allegations
represent conclusions of law to which no reply is required and strict proof thereof is
demanded at trial.
8. Denied. Allegations as to the Defendant's negligence and injuries that
resulted are conclusions of law to which no reply is required and strict proof thereof is
demanded at trial.
9. Denied. After reasonable investigation. Answering Defendant is without
knowledge or information sufficient to form a belief as to the truth of this allegation and
strict proof thereof is demanded.
10. Denied. After reasonable investigation, Answering Defendant is without
knowledge or information sufficient to form a belief as to the truth of this allegation and
strict proof thereof is demanded.
11. Denied. After reasonable investigation. Answering Defendant is without
knowledge or information sufficient to form a belief as to the truth of this allegation and
strict proof thereof is demanded.
12. Denied. Allegations as to the Defendant's negligence and injuries that
resulted are conclusions of law to which no reply is warranted and strict proof thereof is
demanded at trial. To the extent an answer is warranted. after reasonable investigation,
Answering Defendant is without knowledge or infonnation sufficient to fonn a belief as
to the truth of this allegation and proof thereof is demanded.
13. Denied. Allegations as to the Defendant's negligence and injuries that
resulted are conclusions of law to which no reply is required and strict proof thereof is
demanded at trial.
WHEREFORE, Defendant respectfully requests this Honorable Court enter
judgment in her favor and against Plaintiff.
NEW MAnER
14. Defendant's answers to paragraphs 1-13 are incorporated herein by
reference.
15. On the date and at the time and location alleged, Plaintiff entered the
westbound lane of State Street without first taking measures to assure his own safety.
16. Plaintiff sought to cross State Street at a location other than at a crosswalk
or intersection at which traffic, both vehicular and pedestrian was controlled.
17. Plaintiff was contributarily negligent and/or failed to mitigate his damages,
thereby precluding or limiting his right to recovery.
18. Plaintiff knowingly and consciously assumed the risk of his injuries by
entering the westbound lane before oncoming traffic.
19. Plaintiff's right to recovery is barred as his comparative negligence
exceeds any negligence of Defendant, which negligence is specifically denied.
20. Plaintiff's claim and right to recovery is governed and/or limited under the
Motor Vehicle Financial Responsibility LaW, 75 Pa. C.S.A. ~1701, et seq.
21. Plaintiff did not suffer "serious bodily injury" as that term has been defined
and interpreted under the Motor Vehicle Financial Responsibility Law.
22. Plaintiff's claim is barred by the Statue of Limitations.
WHEREFORE, Defendant respectfully requests that this honorable court enter
judgement in her favor and against Plaintiff.
Respectfully submitted,
Dated: ~~'-\\O,
John . McNally, III, squire
305 N. Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7116
:142135.1
VERIFICATION
I hereby verify that the averments made in the foregoing Answer with New Matter
are true and correct. 'understand that false statements herein are made subject to the
penalties of 18 Pa. C.S.A. 4904 relating to unswom falsification to authorities.
Dated: '1:..//,-1//
~~~.zj'~-e
Sandra W. Lease
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
JASON W. YOUNG,
v.
: No. 01-2910
SANDRA W. LEASE,
Defendant
CERTIFICATE OF SERVICE
AND NOW, this \to\. day of September, 2001, I hereby certify that I sent a
true and correct copy of the foregoing document by placing a copy of the same in the
United States Mail, first class, postage prepaid, to the following:
Samuel L. Andes, Esquire
P.O. BoX 168
Lemoyne, PA 17043
Respectfully submitted,
THOMAS, THOMAS & HAFER. LLP
ally, ire
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
JASON W. YOUNG.
Plaintiff
CIVIL ACTION - LAW
SANDRA W. LEASE.
Defendant
NO. 01-2910
REPl V TO NEW MATTER
AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes. and
makes the following Reply to Defendant's New Matter:
14. No answer required. To the extent a factual response is required. Plaintiff
incorporates herein the averments set forth in his Complaint.
15. Denied. Plaintiff lawfully exited his vehicle only after taking reasonable
measures to assure his own safety. He did not enter the west bound lane of State Street.
but was struck outside that lane of traffic.
16. Denied as stated. Plaintiff was prepared to cross State Street after
Defendant's vehicle passed. but was struck by Defendant when lawfully and properly
standing outside her proper line of travel.
17. Denied. Plaintiff was not negligent in any way and did not fail in any way to
mitigate his damages. Plaintiff's right to recovery is not limited or precluded by his
actions.
18. Denied. Plaintiff did not enter the west bound lane before oncoming traffic but
rather stayed out of the lane and was struck there by Defendant. Plaintiff did not assume
the risk of his injuries or do anything to cause those injuries.
19. Denied. Plaintiff is not guilty of any negligence and, therefore, his alleged
negligence does not exceed that of Defendant.
20. No answer is required to the statements in Paragraph 20 of Defendant's new
matter because those statements allege a conclusion of law and not an averment of fact.
21. Denied. Plaintiff suffered serious bodily injury as it is described in his original
Complaint, the averments of which he incorporates herein. The injuries he suffered more
than satisfies the definition and other provisions of the statute.
...
-
I verify that the statements made in this Answer to New Matter are true and
correct. I understand that any false statements in this Answer to New Matter are subject
to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authoritiesl.
Date:--Ir 1.0.-0\
~
!
VERIFICATION
t#~
I hereby certify that I served an original of the foregoing Reply to New
Matter upon counsel for the Plaintiff herein by regular mail, postage prepaid,
addressed as follows:
~RTmCATE OF SERVICE
John J. McNallY, 1II, Esquire
305 North Front Street, 6th Floor
P.O. BoX 999
Harrisburg, PA 17108
Date: 20 November 2001
c~~.~
SaIIiuel L. Andes
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
YOUNG
Vs.
NO. 012910
LEASE
CERTIFlCATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena(s) for documents and things
pursuant to Rule 4009.22 JOHN J MCNALLY, ESQUIRE certifies that:
1. A Notice of Intent to Serve the Subpoena(s) with a copy of
the subpoena(s) attached thereto was mailed or delivered to
each party at least twenty days prior to the date on which
the subpoena(s) is sought to be served,
2. A copy of the Notice of Intent, including the proposed
subpoena(s) is attached to this certificate,
3. No objection to the subpoena(s) has been received, and
4. The subpoena(s) which will be served is identical to
the subpoena(s) which is attached to the Notice of Intent
to Serve the Subpoena(s) .
Date: 04/18/02
b~1; ~1l.
JOHN J MCNALLY, ESQUIRE
305 N FRONT ST
6TH FL
HARRISBURG, PA 17108
717-237-7100
ATTORNEY FOR DEFENDANT
INQUIRIES SHOULD BE ADDRESSED TO:
MEDICAL LEGAL REPRODUCTIONS, INC.
4940 DISSTON STREET
PHILADELPHIA PA 19135
(215)
File #: M286055
By: Christine Janiszewski
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
YOUNG
Vs.
LEASE
No. 012910
TO: SAMUEL ANDES
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
DEFENDANT intends to serve a subpoena(s) identical to
the one(s) attached to this notice. You have twenty (20) days
from the date listed below in which to file of record and serve upon
the undersigned an objection to the subpoena. If no objection is
made the subpoena may be served.
Date: 04/19/02
JOHN J MCNALLY, ESQUIRE
305 N FRONT ST
6TH FL
HARRISBURG, PA 17108
ATTORNEY FOR DEFENDANT
INQUIRIES SHOULD BE ADDRESSED TO:
MEDICAL LEGAL REPRODUCTIONS, INC.
4940 DISSTON STREET
PHILADELPHIA, PA 19135
(215) 335-3336
By: Christine Janiszewski
Enc(s): Copy of subpoena(s)
Counsel return card
File #: M286055
CXHQMFALTB OF PERl5YLVANIA
CXXlNfi OJ!' aJMBI!mAI!lD
YOUNG
-
Vs.
Fi Ie No.
012910
LEASE
TO:
MBDICAL BILLING RBQUESTED
SlI'lPOENA TO PR<DX:E DOCl.tENTS OR lH I NGS
FOR DISCOVERY ~SUANT TO RULE 4009.22
HERSHEY MED CTR, 500 UNVIERSITY DR, HERSHEY PA 17033
ATTN: MEDICAL RECORDS DEPT
(NSIle of Person or Entity)
within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following docunentil milJtTTACIlED ADDENDUM
at
IIIIAU.L\.;A.LI L&Q.AL UPROO1JCTI01t&, .L.It\,;. .~.u ULtit5",L"UI'I ts......, .t'.II.1l&A., ~A
(Address)
You may deliver or mail legible copies of the docunents or produce things requested h)
this subpoena, together with the certificate of c:crIl)1iance, to the party making thi!
request at the address listed above. You have the right to seek in advance the rea';OnClb IE
cost of prE!!Jaring the copies or producing the things sought.
I f you fai I to produce the docunents or things requil"ed by this subpoena within t"fentl'
(20) days after its s..v~ce, the party serving thi!l subpoena may seek a court orde;"
CXJ1l)8 " ; ng you to c:crIl) 1 y wi th it.
lHlS SUBPOENA WAS ISSUED AT 1HE REQUEST OF ll€ FOLLCNlING PERSON:
JOHN J MCNALLY, ESQ
NA/'E :
AOORESS:
305 N FRONT ST
"ll.R1HRRTJRG 'Pll. 17108
TELEPI-ClNE:
SU'R8'E OCXJIT I D 41
ATTORNEY FOR:
US 33$ 3U2
DEFENDANT
04/iU, /02
BY TtE ClOlJR1":
r1'^:"~~t!v,!.~:. Civil Division
~. Q. n...00... Deputy
M286055-01
DATE:
Sea I of the Coc.rt
(Eff. 7/97)
ADDENDUM TO SUBPOENA
YOUNG
Vs.
LEASE
No. 012910
CUSTODIAN OF RECORDS FOR: HERSHEY MED CTR
**SEE ATTACHED ADDENDUM**
PERTAINING TO:
NAME: JASON W YOUNG
ADDRESS: 122 S 7TH ST LEMOYNE PA
DATE OF BIRTH: 06/07/77
SSAN: 168681366
MEDICAL BILLING REQUESTED
ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
RECORD CUSTODIAN . COMPLETE AND RETURN
[ ] RECORDS ARE A1TACHED HERETO: I hereby certify as custodian of
records that, to the best of my knowledge, information and
belief all documents or things above mentioned have been produced.
[ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search
has been made and that no record of the following documents have
been located (CHECK THE APPROPRIATE BOX) :
) RECORDS
) X-RAYS
( ) PATIENT BILLING
( ) RECORDS / XRAYS have been destroyed
Date
Author~zed s~gnature for
HERSHEY MED CTR
CUMBERLAND
M286055-01
U* SIGN AND RETURN THIS PAGE *u
MT
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iR
MEDICAL LEGAL REPRODUCTIONS. INC
Main Orac.
4940 DlsstoD Street
P..Uadelp..... P.o 19135
P"ODe: (215) 335-3212
F8X: (215) 338.2980
E-m8U Addl'elS: kg.'@medkg.com
JefrenoD Bldll.. Sulle 926
1015 C_lDat Street
P..Dadelp..... .... 19107
ADDENDUM
COMPLETE COPES OF ANY AND ALL RECORDS IN MEDICAL FILE, INCLUDING
BUT NOT LIMITED TO, ANY AND ALL RECORDS, CORRESPONDENCE, FILES AND
MEMORANDUMS, PROGRESS NOTES, CLINIC NOTES, INPATIENT AND/OR
OUTPATIENT RECORDS, RADIOLOGICAL REPORTS, HANDWRITTEN NOTES,
BILLING AND PAYMENT RECORDS RELATING TO ANY EXAMINATION, INPATIENT
AND/OR OUTPATIENT CONSULTATION, CARE OR TREATMENT, ETC. TO THE
PRESENT.
caMHlFALTH OF PPMlSYLVANIA
CDJNl'Y OF ~
YOUNG
~
VB.
Fi 1. No.
012910
LEASE
HBDrCAL BrLLrRG RBQUBSTED
Sl&'OENA TO PROOUCE DOClJoENTS OR 1M I NGS
FOR D I SOO\/ERY PURSUANT TO RULE 4009.22
POLYCLINIC HOSP, 2601 N THIRD ST, HARRISBURG PA 17105
ATTN: MEDICAL RECORDS DEPT
(Nine of Person or Entity)
Within twenty (20) days aftlll" service of this subpoena, you are ordered by the court to
produce the foll<*ing docunentil CSERi~ACImD ADDENDUM
TO:
at
----asuZCAL ~.YAL K~~.uuu~r~u.~, ~.c, .~.u D~BHTU. tiT., ~K~LA., ~A
(Address)
You IlIlY deliver or mail legible copies of the doC1.rr!ents or produce things requested b)
this subpoena, together with the certificate of C01llliance, to the party making thi.
request at the address listed above. You have the right to seek in advance the reao;onablE
cost of pr8!llll"ing the copies or producing the things sought.
I f you fai I to pl"OCtlce the doc:unents or things required by this subpoena within tw.enty
(20) days after its serv~ce, the party serving thi!l subpoena may seek a court orde."
CCIlllelling you to c:arply with it.
1M I S SU3POENA WAS
NA/'E :
AOORESS:
ISSUED AT TlE REQUEST OF TlE F<X..LOVINQ PERSON:
JOHN J MCNALLY, ESQ
305 N FRONT ST
~~~~T~~TNap~ 17108
TELEPHONE:
SlJ'REI'E CXllIIT I D #
ATTORNEY FOR:
11~-335-3:Z12
DEFENDANT
04/~t..102
BY TlE OOURT:
r"n::;'~t~!~ Civil Division
0".L Q. "'nt, UPL~
I ~ty
M286055-02
DATE:
Sea I of the Oourt
(Eff. 7/97)
ADDENDUM TO SUBPOENA
YOUNG
Vs.
No. 012910
LEASE
CUSTODIAN OF RECORDS FOR: POLYCLINIC HOSP
**SEE ATTACHED ADDENDUM**
PERTAINING TO:
NAME: JASON W YOUNG
ADDRESS: 122 S 7TH ST LEMOYNE PA
DATE OF BIRTH: 06/07/77
SSAN: 168681366
MEDICAL BILLING REQUESTED
ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
RECORD CUSTODIAN - COMPLETE AND RETURN
[ ] RECORDS ARE A7TACHED HERETO: I hereby certify as custodian of
records that, to the best of my knowledge, information and
belief all documents or things above mentioned have been produced.
[ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search
has been made and that no record of the following documents have
been located (CHECK THE APPROPRIATE BOX) :
( ) RECORDS
( ) X-RAYS
PATIENT BILLING
RECORDS / XRAYS have been destroyed
Author1zed s1gnature for
POLYCLINIC HOSP
Date
CUMBERLAND
M286055-02
*U SIGN AND RETURN THIS PAGE u*
MT
.L
4l6R
MEDICAL LEGAL REPRODUCTIONS. INC
Mdill OtrlC.
4940 DlaloD Street
PbUacleJpbie, Peo 19135
Pboae: (215) 335-3212
F8E: (215)338-2980
E-ID8U Add......: k,.l@medk,.com
Jetrel'llOD BId.., Suite 92li
1015 C....tnt Street
PbUaclelpblB. P80 19107
ADDENDUM
COMPLETE COPES OF ANY AND ALL RECORDS IN MEDICAL FILE, INCLUDING
BUT NOT LIMITED TO, ANY AND ALL RECORDS, CORRESPONDENCE, FILES AND
MEMORANDUMS, PROGRESS NOTES, CLINIC NOTES, INPATIENT AND/OR
OUTPATIENT RECORDS, RADIOLOGICAL REPORTS, HANDWRITTEN NOTES,
BILLING AND PAYMENT RECORDS RELATING TO ANY EXAMINATION, INPATIENT
AND/OR OUTPATIENT CONSULTATION, CARE OR TREATMENT, ETC. TO THE
PRESENT.
<DMNIFALTH OF PDlNSYLVANIA
aum' op aJ4I!lRAND
YOUNG
-
Vs.
Fi le No.
012910
LEASE
IIBDICAL BILLING REQUESTED '
SUBPOENA TO PROOt.K:E DOC:l.JoENTS ~ TH I NBS
FOR DISCOVERY ~SUANT TO RU...E 4009.22
COMFORT CARE OF HOLY SPIR, PO BOX 309, CAMP HILL PA 17011-0309
TO:
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
proclJce the fo 1 lowing doc:unentil ~inNtfACIIEB ADDENDUM
at
RBDICAL LBGAL KB~KODUCT~O.B, ~.C, 4~40 D~BBTO. BT., ~B~LA., ~A
(Address)
You may del iver or mai I legible copies of the docunents or produce things requested hI
this subpoena, together with the certificate of ~Hance, to the party making thj"
request at the address 1i sted above. You have the right to seek in advance the reao;onab I e
cost of preparing the copies or producing the things sought.
I f you fai 1 to produce the docunents or things required by this subpoena within twenty
(20) days after its serv~ce, the party serving thi!l subpoena may seek a court orde;"
c:al1'el ling you to ~ly with it.
THIS SUBPOENA WAS ISSUED AT 1lE REClEST a: nE FOLLOVING PERSON:
JOHN J MCNALLY, ESQ
NAl'E :
AOORESS :
305 N FRONT ST
~~Ii~gaQ. "PA 17108
TELEPHONE:
SJPREJoE OOORT I D 41
ATTORNEY F~:
..'..L::)-,3"'':)-''''::l...r:l:
DEFENDANT
04/2(./02
BY nE COJRT:
(o,..r... /(. t:~. (.;k
Prothonotal" C .
(hA1- 0 'lk-<#~. ,
Civi 1 Division
M286055-03
DATE:
Sea 1 of the Court
Deputy
(Eff. 7/97)
ADDENDUM TO SUBPOENA
YOUNG
Va.
No. 012910
LEASE
CUSTODIAN OF RECORDS FOR: COMFORT CARE OF HOLY SPIR
**SEE ATTACHED ADDENDUM**
PERTAINING TO:
NAME: JASON W YOUNG
ADDRESS: 122 S 7TH ST LEMOYNE PA
DATE OF BIRTH: 06/07/77
SSAN: 168681366
MEDICAL BILLING REQUESTED
CERTIF1ED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
RECORD CUSTODIAN - COMPLETE AND RETURN
[ ] RECORDS ARE A7TACHED HERETO: I hereby certify as custodian of
records that, to the best of my knowledge, information and
belief all documents or things above mentioned have been produced.
[ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search
has been made and that no record of the following documents have
been located (CHECK THE APPROPRIATE BOX) :
( ) RECORDS
( ) X-RAYS
( ) PATIENT BILLING
( ) RECORDS / XRAYS have been destroyed
Date
Author~zed signature for
COMFORT CARE OF HOLY SPIR
CUMBERLAND
M286055-03
*** SIGN AND RETURN THIS PAGE ***
MT
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6jR
MEDICAL LEGAL REPRODUCTIONS. INC
Main Orace
4940 DlsstoD Street
Philadelphia, Pa. 19135
PhODe: (215) 335.3212
Fa", (215) 338.29110
E._i1 Addre..: k,.,I@/IIedk,.co/ll
JelfenoD Bldl., Suite 926
1015 Chestaut Street
Phlladelplllla, Pa. 19107
ADDENDUM
COMPLETE COPES OF ANY AND ALL RECORDS IN MEDICAL FILE, INCLUDING
BUT NOT LIMITED TO, ANY AND ALL RECORDS, CORRESPONDENCE, FILES AND
MEMORANDUMS, PROGRESS NOTES, CLINIC NOTES, INPATIENT AND/OR
OUTPATIENT RECORDS, RADIOLOGICAL REPORTS, HANDWRITTEN NOTES,
BILLING AND PAYMENT RECORDS RELATING TO ANY EXAMINATION, INPATIENT
AND/OR OUTPATIENT CONSULTATION, CARE OR TREATMENT, ETC. TO THE
PRESENT.
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JASON W. YOUNG,
Plaintiff
vs,
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SANDRA W, LEASE,
Defendants
NO, 01-2910 CIVIL TERM
PLAINTIFF'S MOTION TO COMPEL
AND NOW comes the above-named Plaintiff, by his attorney, Samuel 1. Andes, and
moves the court to issue an order compelling the Defendant to respond to Plaintiff's discovery,
based upon the following:
1. The moving party herein is the Plaintiff, The responding party herein is the
Defendant.
2. Plaintiff has previously served upon Defendant, through her counsel, several formal
discovery requests, Those requests include:
A. A set of Interrogatories, dated 13 February 2003, and served upon
Defendant's counsel of record at or about that time. A copy of those
Interrogatories are attached hereto and marked as EXHIBIT A.
B, A Request for Production of Documents and Things served upon
Defendant, through her attorney, on 1 July 2003, A copy of that Request for
Production of Documents and Things is attached hereto and marked as
EXHIBIT B.
C. A Second set of Interrogatories, dated 1 July 2003, and served upon
Defendant, through her counsel, at about that time, A copy of those
Interrogatories is attached hereto and marked as EXHIBIT C.
D. A Second Request for Production of Documents and Things which was
served upon the Defendant, through her attorney, on or about 10 August 2005.
II
A copy of that Request for Production of Documents and Things is attached
hereto and marked as EXHIBIT D,
3. To date, Defendant and her attorney have not answered the Interrogatories or the
Requests for Production of Documents and Things described in the foregoing paragraphs,
have not filed objections to any of those formal discovery requests, and have not provided the
information requested in those documents.
4. Plaintiff cannot properly proceed with the preparation of this case for a trial or for
settlement without the information which he has formally requested from the Defendant in
these discovery documents. His ability to proceed with the case is being severely prejudiced
by the Defendant's refusal to respond in accordance with the Rules of Court.
WHEREFORE, Plaintiff moves this Court to enter an order requiring the Defendant to
answer Plaintiff's Interrogatories and Requests for Production and to provide the documents
which Plaintiff has requested.
I 20 October 2005
C~~
\\o_J 1
,,-'-~t- ~ ".
5;;inuel L. Andes'
Attorney for Plaintiff
Supreme Court ID 17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361
II
I verify that the statements made in this document are true and correct, I understand
that any false statements in this document are subject to the penalties of 18 Pa, C.S. 4904
(unsworn falsification to authorities).
Date: 2-D O~~5
~> ~C
~~ "'~l/))
SAMUEL L. ANDES
II
CERTIFICA TE OF SERVICE
I hereby certify that I served a copy of the foregoing document upon counsel for
the Defendant by regular mail, postage prepaid, addressed as follows:
John J. McNally, III, Esquire
P.O, Box 999
Harrisburg, PA 17108
Date:
II
II
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Amy . arkms
Secretary for Samuel L. Andes
20 October 2005
JASON W. YOUNG,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
SANDRA W. LEASE,
Defendant
NO. 01-2910
PLAINTIFF'S INTERROGATORIES TO DEFENDANT
TO: Sandra W. Lease
c/o John J. McNally, Esquire
305 North Front Street, 6th Floor
P.O. Box 999
Harrisburg, PA 17108
PLEASE TAKE NOTICE that you are required, pursuant to Pa. R.C.P. 4005 and
4006, to file the original with the Court and serve a copy on the undersigned, of your
Answers to the within Interrogatories within thirty (30) days after service of same. Each
Interrogatory shall be answered fully and completely, in writing and under oath. If there is
insufficient space to answer an interrogatory, the remainder of the answer shall follow on
a supplemental sheet,
These Interrogatories shall be continuing in nature. If, at any time subsequent to
the filing of your original answers, you or anyone acting on your behalf should learn or be
made aware of additional information requested but not contained in your original
answers, then you shall promptly file a Supplemental Answer containing the same.
DATE:
13 February 2003
sg~JfnJb,
Attorney for Plaintiff
Post Office Box 168
Lemoyne, PA 17043
(717) 761-5361
/'
'-)
'I
INSTRUCTIONS AND DEFINITIONS
The following Instructions and Definitions form an integral part of these
Interrogatories, and the Interrogatories are to be read and answered in accordance with
these Instructions and Definitions.
I. DOCUMENT The term "document" means any written, printed, typed, or other
graphic matter of any kind or nature, however produced or reproduced, whether sent or
received or neither, including drafts and copies bearing notations or marks not found on
the original, and includes, but is not limited to:
(a) All contracts, agreements, representations, warranties,
certificates, opinions;
(b) All letters or other forms of correspondence or communication,
including envelopes, notes, telegrams, cables, telex messages, messages
(including reports, notes, notations, and memoranda of or relating to
telephone conversations or conferences);
(c) All memoranda, reports, financial statements or reports, notes,
transcripts, tabulations, studies, analyses, evaluations, projections, work
papers, corporate records or copies thereof, lists, comparisons,
questionnaires, surveys, charts, graphs, summaries, extracts, statistical
records, compilations;
(d) All desk calendars, appointment books, diaries;
(el All books, articles, press releases, magazines, newspapers,
booklets, circulars, bulletins, notices, instructions, manuals;
(f) All minutes or transcripts of all meetings; and
(g) All photographs, microfilms, phonographs, tapes or other records,
punch cards, magnetic tapes, disks, datacells, drums, printouts, and other
data compilations from which information can be obtained.
II. COMMUNICATION The term "communication" means not only oral
communications, representations, or warranties, but also any documents (as such term is
defined in Section I above), whether or not such document or the information contained
therein was transmitted by its author to any other person.
l'
III. IDENTIFY; IDENTITY; IDENTIFICATION When used in reference to a natural
person, the terms "identify", "identity", or "identification", mean provide the following:
(a) Full name;
(b) Present or last known business and residence addresses;
Ic) Present or last known business affiliation; and
(d) Present or last known business position (including job functions,
duties, and responsibilities).
When used with reference to any entity other than a natural person state:
(a) Its full name;
(bl The address of its principal place of business;
(c) The identity of all individuals who acted and/or who authorized
another to act on its behalf in connection with the matters referred to;
(dl In the case of a corporation, the names of its directors and
principal officers; and
(el In the case of an entity other than a corporation, the identities of
its partners or principals or all individuals who acted or who authorized
another to act on its behalf in connection with the matters referred to,
When used in reference to a document, the terms "identify", "identity", or "identification"
mean provide the following:
(a) The nature of the document (e.g. letter, contract, memorandum)
and any other information (i.e. its title, index, or file number) which would
facilitate in the identification thereof;
(b) Its date of preparation;
(c) Its present location and the identity las defined previously herein)
of its present custodian or, if its present location and custodian are not
known, a description of its last known disposition;
(d) Its subject matter and substance or, in lieu thereof, annex a legible
copy of the document to the answers of these Interrogatories;
(e) The identity (as defined previously herein) of each person who
performed any function or had any role in connection thereof (i.e. author,
contributor of information, recipient, etc.) or who has any knowledge,
thereof together with a description of each such person's function, role, or
knowledge; and
(f) If the document has been destroyed or is otherwise no longer in
existence or cannot be found, the reason why such document no longer
exists, the identity (as defined previously herein) of the people responsible for
the document no longer being in existence and of its last custodian.
When used in connection with an oral communication, the terms "identify", "identity" or
"identification" mean provide the following information:
(a) General nature (i.e. conference, telephonic communication, etc.);
(b) The time and place of its occurrence;
(c) Its subject matter and substance;
Id) The identity (as defined previously herein) of each person who
performed any function or had any role in connection therewith or who has
any knowledge thereof together with a description of each such person's
function, role, or knowledge;
(e) The identity (as defined previously herein) of each document which
refers thereto or which was used, referenced to, or prepared in the course or
as a result thereof; and
IV. DESCRIBE; DESCRIPTION When used with respect to any act, action,
accounting, activity, audit, practice, process, occurrence, occasion, course of conduct,
happening, negotiation, relationship, scheme, transaction, instance, incident or event, the
terms "describe" or "description" mean provide the following information:
(a) Its general nature;
(b) The time and place thereof;
(c) A chronological account setting forth each element thereof, what
such element consisted of, and what transpired as part thereof;
(d) The identity (as defined previously herein) of each person who
performed any function or had any role in connection therewith or who has
any knowledge thereof together with a description of each such person's
function, role, or knowledge;
(e) The identity (as defined previously herein) of each document which
refers thereto or which was used, referenced to, or prepared in the course or
as a result thereof; and
(f) The identity (as defined previously herein} of each oral
communication which was a part thereof or referenced thereto.
When used in connection with any calculation or computation, the terms "describe" or
"description" mean provide the following information:
(a) An explanation of its meaning;
Ib) An explanation of the manner in which it was derived;
(c} The identity (as defined previously herein) of each person who
performed any function with respect thereto and a description of his
function;
(d) The identity of each document (as defined previously hereinl
which refers thereto or which was used, referenced to, or prepared in the
course or as a result thereof; and
(e} The identity (as defined previously herein) of each oral
communication which occurred in the course of the preparation thereof or
which referred thereto.
V. FACTUAL BASIS The term "factual basis" means:
(a) Set forth each item of information upon which the allegation,
contention, claim, or demand to which it pertains is based; and
.1
(b) With respect to each such item of information, identify each
person having knowledge thereof and identify and describe (as defined
previously herein) each source thereof.
VI. RELATES TO; THERETO The terms "relates to", "relating to", or "thereto"
when used in connection with any act, action, activity, account, practice, process,
occurrence, occasion, course of conduct, contractual provision or document, happening,
relationship, scheme, conference, discussion, development, service, instance, incident,
event, means used or occurring or referred to in the preparation therefor, or in the course
thereof, or as a consequence thereof, or referring thereto.
VII. PERSON The term "person" means all natural persons, corporations,
partnerships, or other business associations, public authorities, municipal corporations,
state governments, local governments, all governmental bodies, and all other legal
entities.
INTERROGATORIES
1. Please identify all persons you anticipate calling as fact witnesses at trial. For
each witness please provide their full name and address and a day time or evening phone
number.
\1
2. Please identify all persons who you believe witnessed the accident which is the
basis of this litigation. For each such person, please provide their full name and address
and a day time or evening phone number.
3. Please identify any other person who you believe has knowledge directly bearing
on the accident which is the basis of this litigation and any defenses which you plan to
offer at trial. For each such person, please provide their full name and address and a day
time or evening phone number. Also, for each such witness, please provide a brief
description of the information you believe they have which supports your claims or is
otherwise related to this litigation.
COMMONWEALTH OF PENNSYLVANIA
)
( 55.:
)
COUNTY OF
Personally appeared before me, the undersigned, a Notary Public in and for the
Commonwealth and County aforesaid, deponent, who being duly sworn according to law,
deposes and says that the answers contained in the foregoing Interrogatories are true and
correct to the best of his knowledge, information and belieL
Deponent
Sworn and subscribed to
before me this
of
day
,2003,
Notary Public
CERTIFICA TE OF SERVICE
I hereby certify that I served an original and two copies of the foregoing
Interrogatories upon counsel for Defendant herein by certified mail, postage prepaid,
return receipt requested:
John J. McNally, Esquire
305 North Front Street, 6'h Floor
P.O. Box 999
Harrisburg, PA 17108
DATE:
13 February 2003
lrYLL ~~orn \oMO J Irt YUl
Amy M. Har ins
Secretary for Samuel L. Andes
EXHIBIT B
.i
I
JASON W. YOUNG,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
SANDRA W. LEASE,
Defendants
NO, 01-2910 CIVIL TERM
REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS
TO: Sandra W. Lease
c/o John J. McNally, III, Esquire
P.O. Box 999
Harrisburg, PA 17108
You are requested, in accordance with Pa. R.C.P. 4009, to deliver to the office of
the undersigned at 525 North 12th Street, Lemoyne, Pennsylvania, or otherwise make
arrangements reasonably satisfactory to the undersigned, for his inspection or examination,
copies of the following documents, articles, and things, within twenty (20) days of the
date of this Request. For purposes of this Request, all computer records and information
available on computer records or within computer programs, should be included within the
Request for Production. That is, this Request is not limited to documents or "hard copies"
of records, but should include computer records, tapes, disks, and other media as well as
paper documents.
1. Please produce all documents in possession of the Defendant, her
insurance carrier, or her counsel, which relate to or describe the accident on
which this matter is based.
,...,.
\:)
2. Please produce all photographs, repair estimates, letters, and other
documents which describe any damage to Defendant's vehicle, and the cost
or estimate to repair such damage, resulting from the accident which is the
basis of this action.
3. Copies of all statements made by any person relating to the
accident in this matter or any of the claims made by either of the parties and
all notes or descriptions of such statements made orally which are in your
possession.
8 ,.~Gh
S I C. Ande
Attorney for Plaintiff
Supreme Court ID 17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361
2
CERTIFICATE OF SERVICE
I hereby certify that I served an original of the foregoing Request for Production of
Documents and Things upon counsel for Defendant herein by certified mail, postage
prepaid, return receipt requested:
John J. McNally, III, Esquire
P.O. Box 999
Harrisburg, PA 17108
DATE:
7)!o~
/ I
~._~~
Sam\/el L. Andes
Attorney for Plaintiff
o
J
------
EX-flIBIT (
------
vs.
)
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
JASON W. YOUNG,
Plaintiff
CIVIL ACTION - LAW
NO. 01-2910 CIVIL TERM
SANDRA W. LEASE,
Defendant
PLAINTIFF'S INTERROGATORIES TO DEFENDANT - SECOND SET
TO: Sandra W. Lease
c/o John J. McNally, III, Esquire
P,O, Box 999
Harrisburg, PA 17108
PLEASE TAKE NOTICE that you are required, pursuant to Pa. R,C,P, 4005 and 4006, to
file the original with the Court and serve a copy on the undersigned, of your Answers to
the within Interrogatories within thirty (30) days after service of same, Each Interrogatory
shall be answered fully and completely, in writing and under oath. If there is insufficient
space to answer an interrogatory, the remainder of the answer shall follow on a
supplemental sheet,
These Interrogatories shall be continuing in nature. If, at any time subsequent to the
filing of your original answers, you or anyone acting on your behalf should learn or be made
aware of additional information requested but not contained in your original answers, then
you shall promptly file a Supplemental Answer containing the same.
DATE: 1/1/0;
/ F
g~~
Samuel L. Ande
Attorney for Plaintiff
Post Office Box 1 68
Lemoyne, PA 17043
(717) 761-5361
1
v
INSTRUCTIONS AND DEFINITIONS
The following Instructions and Definitions form an integral part of these Interrogatories,
and the Interrogatories are to be read and answered in accordance with these Instructions
and Definitions,
I. DOCUMENT The term "document" means any written, printed, typed, or other
graphic matter of any kind or nature, however produced or reproduced, whether sent or
received or neither, including drafts and copies bearing notations or marks not found on the
original, and includes, but is not limited to:
(a) All contracts, agreements, representations, warranties, certificates, opinions;
(bl All letters or other forms of correspondence or communication, including envelopes,
notes, telegrams, cables, telex messages, messages (including reports, notes, notations,
and memoranda of or relating to telephone conversations or conferences);
(c) All memoranda, reports, financial statements or reports, notes, transcripts,
tabulations, studies, analyses, evaluations, projections, work papers, corporate records or
copies thereof, lists, comparisons, questionnaires, surveys, charts, graphs, summaries,
extracts, statistical records, compilations;
(d) All desk calendars, appointment books, diaries;
(e) All books, articles, press releases, magazines, newspapers, booklets, circulars,
bulletins, notices, instructions, manuals;
(f) All minutes or transcripts of all meetings; and
(g) All photographs, microfilms, phonographs, tapes or other records, punch cards,
magnetic tapes, disks, datacells, drums, printouts, and other data compilations from which
information can be obtained.
II. COMMUNICATION The term "communication" means not only oral
communications, representations, or warranties, but also any documents (as such term is
defined in Section I above), whether or not such document or the information contained
therein was transmitted by its author to any other person.
III. IDENTIFY; IDENTITY; IDENTIFICATION When used in reference to a natural
person, the terms "identify", "identity", or "identification", mean provide the following:
2
(a) Full name;
(b) Present or last known business and residence addresses;
(e) Present or last known business affiliation; and
(dl Present or last known business position (including job functions, duties, and
responsibilities) .
When used with reference to any entity other than a natural person state:
(a) Its full name;
(b) The address of its principal place of business;
(c) The identity of all individuals who acted and/or who authorized another to act on its
behalf in connection with the matters referred to;
(d) In the case of a corporation, the names of its directors and principal officers; and
(e) In the case of an entity other than a corporation, the identities of its partners or
principals or all individuals who acted or who authorized another to act on its behalf in
connection with the matters referred to.
When used in reference to a document, the terms "identify", "identity", or "identification"
mean provide the following:
(a) The nature of the document (e.g. letter, contract, memorandum) and any other
information (i.e. its title, index, or file number) which would facilitate in the identification
thereof;
(b) Its date of preparation;
(cl Its present location and the identity (as defined previously herein) of its present
custodian or, if its present location and custodian are not known, a description of its last
known disposition;
(d) Its subject matter and substance or, in lieu thereof, annex a legible copy of the
document to the answers of these Interrogatories;
(e) The identity (as defined previously herein) of each person who performed any
function or had any role in connection thereof (i.e. author, contributor of information,
3
recipient, etc.} or who has any knowledge, thereof together with a description of each such
person's function, role, or knowledge; and
{f) If the document has been destroyed or is otherwise no longer in existence or cannot
be found, the reason why such document no longer exists, the identity (as defined
previously herein) of the people responsible for the document no longer being in existence
and of its last custodian.
When used in connection with an oral communication, the terms "identify", "identity" or
"identification" mean provide the following information:
(a) General nature (i.e. conference, telephonic communication, etc.);
(b) The time and place of its occurrence;
(c) Its subject matter and substance;
(d) The identity (as defined previously herein) of each person who performed any
function or had any role in connection therewith or who has any knowledge thereof
together with a description of each such person's function, role, or knowledge;
(e) The identity (as defined previously herein) of each document which refers thereto or
which was used, referenced to, or prepared in the course or as a result thereof; and
IV. DESCRIBE: DESCRIPTION When used with respect to any act, action, accounting,
activity, audit, practice, process, occurrence, occasion, course of conduct, happening,
negotiation, relationship, scheme, transaction, instance, incident or event, the terms
"describe" or "description" mean provide the following information:
(a) Its general nature;
(bl The time and place thereof;
Ic) A chronological account setting forth each element thereof, what such element
consisted of, and what transpired as part thereof;
Id) The identity (as defined previously herein) of each person who performed any
function or had any role in connection therewith or who has any knowledge thereof
together with a description of each such person's function, role, or knowledge;
(e) The identity (as defined previously herein} of each document which refers thereto or
which was used, referenced to, or prepared in the course or as a result thereof; and
4
(f) The identity (as defined previously herein) of each oral communication which was a
part thereof or referenced thereto.
When used in connection with any calculation or computation, the terms "describe" or
"description" mean provide the following information:
(a) An explanation of its meaning;
(b) An explanation of the manner in which it was derived;
(c) The identity (as defined previously herein) of each person who performed any
function with respect thereto and a description of his function;
(d) The identity of each document (as defined previously herein) which refers thereto or
which was used, referenced to, or prepared in the course or as a result thereof; and
(e) The identity (as defined previously herein) of each oral communication which
occurred in the course of the preparation thereof or which referred thereto.
V. FACTUAL BASIS The term "factual basis" means:
(a) Set forth each item of information upon which the allegation, contention, claim, or
demand to which it pertains is based; and
(b) With respect to each such item of information, identify each person having
knowledge thereof and identify and describe (as defined previously herein) each source
thereof,
VI. RELATES TO; THERETO The terms "relates to", "relating to", or "thereto" when
used in connection with any act, action, activity, account, practice, process, occurrence,
occasion, course of conduct, contractual provision or document, happening, relationship,
scheme, conference, discussion, development, service, instance, incident, event, means
used or occurring or referred to in the preparation therefor, or in the course thereof, or as a
consequence thereof, or referring thereto,
VII. PERSON The term "person" means all natural persons, corporations, partnerships,
or other business associations, public authorities, municipal corporations, state
governments, local governments, all governmental bodies, and all other legal entities.
5
INTERROGATORIES
1. Please identify each person who you expect or intend to call as an expert witness
at trial. For each such expert witness, please provide the following information:
A, The subject matter on which the expert is expected to testify.
B, The substance of the facts and opinions to which the expert is
expected to testify,
C, A summary of the grounds for the opinion expressed or to be
testified to by the expert.
0, A list of all publications, books, or other authorities upon which
such expert bases his or her opinions, in whole or in part, in this case.
E, A description of such expert's credentials and qualifications upon
which you or the expert will rely to establish their expertise and to qualify
them as an expert witness at trial.
6
. ':\
!i
2, Please identify who has possession of any and all records, documents, or other
tangible items relating to the claims and defenses raised in this case, specifically including
photographs, correspondence, repair bills, statements from witnesses, and the like,
7
COMMONWEALTH OF PENN5YL VANIA
)
( 55.:
)
COUNTY OF
Personally appeared before me, the undersigned, a Notary Public in and for the
Commonwealth and County aforesaid, deponent, who being duly sworn according to law,
deposes and says that the answers contained in the foregoing Interrogatories are true and
correct to the best of his knowledge, information and belief.
Deponent
5worn and subscribed to
before me this day
of , 2003,
Notary Public
8
CERTIFICATE OF SERVICE
I hereby certify that I served an original and two copies of the foregoing Interrogatories
upon counsel for Defendant herein by certified mail, postage prepaid, return receipt
requested:
John J, McNally, III, Esquire
P.O. Box 999
Harrisburg, PA 17108
DATE:
-, jr /D 3
J I
~An~
Attorney for Plaintiff
9
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f.X1l11311 .
-
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I'
JASON W, YOUNG,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
SANDRA W. LEASE,
Defendants
NO. 01-2910 CIVIL TERM
REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS
II
H
!i
II TO:
!I
Ii
I
I
I You are requested, in accordance with Pa, R.C.P. 4009, to deliver to the office of
II the undersigned at 525 North 12th Street, Lemoyne, Pennsylvania, or otherwise make
arrangements reasonably satisfactory to the undersigned, for his inspection or examination,
, copies of the following documents, articles, and things, within twenty (20) days of the
date of this Request. For purposes of this Request, all computer records and information
, available on computer records or within computer programs, should be included within the
Request for Production. That is, this Request is not limited to documents or "hard copies"
of records, but should include computer records, tapes, disks, and other media as well as
paper documents.
Sandra W. Lease
c/o John J. McNally, III, Esquire
P.O. Box 999
Harrisburg, PA 17108
1, All photographs or other depictions of the scene of the accident
whether on the day of the accident or otherwise.
2, All photographs or other depictions of the Defendant's vehicle on
the day or after the date of the accident.
I,
3. All photographs, diagrams, or other visual depictions of any damage
to Defendant's vehicle as a result of his collision with Plaintiff.
Page ] of 3
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4. Copies of all estimates, bills, invoices, diagrams, or other documents
which describe, depict, or relate to the damage done to Defendant's vehicle in
its collision with Plaintiff and the extent, scope, or cost of any repairs to said
vehicle.
5, All photographs or other depictions of the vehicle which the Plaintiff
was operating shortly prior to the accident in this case,
6. All photographs, diagrams,. Reports, or other items or documents
used or reviewed by Joseph Tarris in the preparation of his report in this
matter.
~~.~
el L. Andes
Attorney for Plaintiff
Supreme Court 10 17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361
Page 2 of 3
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CERTIFICATE OF SERVICE
I hereby certify that I served a copy of the foregoing document upon counsel for
the Plaintiff by regular mail, postage prepaid, addressed as follows:
Date:
10 August 2005
John J. McNally, III, Esquire
P.O. Box 999
Harrisburg, PA 17108
llin ~ l.fY\l\.\{) 0Lu@
Amy M. kins
Se tary for Samuel L, Andes
Page 3 of 3
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JASON W. YOUNG,
Plain tiff
vs.
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SANDRA W. LEASE,
Defendants
NO, 01-2910 CIVIL TERM
ORDER OF COURT
AND NOW this 7~ day of /J..-vt-b...r ,2005, upon
consideration of the Plaintiff's Motion to Compel, the Defendant is ordered to file re'r",;'i....
AJ:lEH t.:f'S to the Interrogatories and the Requests for Production of Documents attached to such
Motion and to provide the documents descrihp,-1 in t],p Rpqnp!its within ~ days of the date
of service of a copy of this Order upon Defendant's counsel.
BY THE COURT,
DISTRIBUTION:
Ai
J,
~el L. Andes, Esquire (Attorney for Plaintiff)
525 North 12th Street, P,O, Box 168, Lemoyne, PA 17043
~. McNally, III, Esquire (Attorney for Defendant)
305 North Front Street, 6th Floor, P.O, Box 999, Harrisburg, PA 17108
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PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHON::JTARY OF CUMBERLAND COUNTY
Please list the following case:
(Check one)
(X ) for JURY trial at the next tenn of civil court.
for trial without a jury.
-----------------------------------------
CAPTION OF CASE
(entire caption must be stated in full)
(check one)
(X)
Civil Action - Law
JASON W, YOUNG,
Appeal from Arbitration
(other)
(Plaintiff)
vs.
SANDRA W, LEASE,
The trial list will be called on
16 May 2006
Trials commence on June 12,2006
( Defendant)
Pretrials will be held on 24 May 2006
(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.)
No. 01-2910 Civil Term
19
Indicate the attorney who will try case for the party who files this praecipe:
Samuel L. Andes (for Plaintiff), 525 N. 12th Street, Lemoyne, PA 17043 717-761-5361
Indicate trial counsel for other parties if known:
John J, McNally, III (for Defendant), P,O, Box 999, Harrisburg, PA 17108
This case is ready for trial.
Signed: do. ~{J.Q
Print Narre: Samuel L. Andes
Date: ~ Ft1,.,(~} ~
Attorney for: Plaintiff
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John J. McNally [II, Esquire
LD. Number: 5266]
THOMAS, THOMAS & HAFER, LLP
305 North Front Street, P.O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7116
JASON W, YOUNG,
Attorneys for Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
CIVIL ACTION - LAW
v,
No, 01-2910
SANDRA W, LEASE,
Defendant
NOTICE OF INTENT TO SERVE SUBPOENAS
T DUCE DOCUMENTS AND TIDNGS
FOR SCOVERY PURSUANT TO RULE 4009.21
Defendant, Sandra W. Lease, intends to serve a subpoena identical to the one that is
attached to this notice, You have twenty (20) days from the date listed below in which to file of
record and serve upon the undersigned an objection to the subpoena, Ifno objection is made, the
subpoena may be served.
/
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By:
Jo . McNally, II, sCJuire
I ntification Number: 52
305 North Front Street
P.O, Box 999
Harrisburg, PA 17108-0999
(717) 237-7237
Attorney for Defendant
Sandra W Lease
Date: '~\l \UCp
413686. ]
CERTIFICATE OF SERVICE
I, Jessica M. Swedenhjelm, Paralegal for the law firm Thomas, Thomas, Thomas & Hafer,
LLP, hereby certify that I have served a true and correct copy of the foregoing document on the
following persons by placing a copy of the same in the United States mail, first class mail, directed
to their office addresses as follows:
Sam Andes, Esquire
P.O. Box 168
Lemoyne, P A 17043
Attorney for Plaintiffs
THOMAS, THOMAS & HAFER, LLP
Jessica M. Swedenhjelm, P
John J. McNally, III
Date:
413686,1
John J. McNally III, Esquire
1.0, Number: 52661
THOMAS, THOMAS & HAFER, LLP
305 North Front Street, P.O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7116
JASON W, YOUNG,
Attorneys for Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
CIVIL ACTION - LAW
v,
No, 01-2910
SANDRA W, LEASE,
Defendant
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
Chief Dougherty, West Shore Regional Police Department, 301 Market Street, Lemoyne, PA 17043
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things:
A complete and exact copy of the West Shore Regional Police investigative file including, but not limited to, police
accident report, witness statements, reports of accident reconstruction, etc" as well as complete and color copies
of any and all photographs taken in conjunction with Incident No,: 99-2328, investigating officer L.C, Strayer,
which occurred on 6/26/1999 to: THOMAS, THOMAS & HAFER, LLP, 305 N, Front Street, P,O Box 999,
Harrisburg, PA 17108
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of
compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of
preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena
may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: John J, McNallv. III. Esquire
ADDRESS 305 N, Front Street. p, 0, Box 999
Harrisburq. PA 17108
TELEPHONE (717) 237-7116
SUPREME COURT 10 No: 52661
ATTORNEY FOR Defendant
BY THE COURT:
DATE:
Deputy
Seal of the Court
Prothonotary/Clerk, Civil Division
395459.2
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THOMAS. THOMAS & HAFER, LLP
305 North Front Street
P.O. Box 999
Harrisburg, PA 17lO8
John J. McNally, Ill, Esquire
Attorney J.D. 5266]
(7]7)237-71]6
Attomeys for Defendant
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JASON W, YOUNG,
CIVIL ACTION- LAW
Plaintiff,
No, 01-2910
v,
SANDRA W, LEASE,
Defendant
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, Sandra W, Lease certifies that
(1) a Notice of Intent to Serve the Subpoena with a copy of the subpoena attached thereto
was mailed to Plaintiffs' counsel on 3/7/06;
(2) a copy of the Notice of Intent, including the proposed subpoena, is attached to this
certificate;
(3) Plaintiffs' counsel, Samuel L. Andes, Esquire, made no objection to the serving of the
subpoenas and waived the twenty-days' notice,
(4) the subpoena which will be served is identica
Notice of Intent to serve the subpoena,
(
. 52661
305 NORTH FRONT STREET
P,O. BOX 999
HARRISBURG, PA 17108.0999
(717) 237.7116
ATTORNEY FOR DEFENDANT
Date: d?LljOlO
CERTIFICATE OF SERVICE
I, JESSICA M. SWEDENHJELM, PARALEGAL of the law firm of
THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing CERTIFICATE
PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 on the
following person(s), by depositing the same in the United States Mail, postage prepaid, at
Harrisburg, Pennsylvania addressed as follows:
SAMUEL L. ANDES
Attorney at Law
525 North Twelfth Street
P,O, Box 168
Lemoyne, PA 17043
THOMAS, THOMAS & HAFER, LLP
Date: 'J)'ll) 00
John .I, McNally Ill, Esquire
1.0. Number: 5266\
THOMAS, THOMAS & HAFER, LLP
305 North Front Street, P.O, Box 999
Harrisburg, P A ] 71 08-0999
(717)237-7116
JASON W, YOUNG,
Attorneys tor Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
CIVIL ACTION - LAW
v,
No, 01-2910
SANDRA W, LEASE,
Defendant
Defendant, Sandra W, Lease, intends to serve a subpoena identical to the one that is
attached to this notice, You have twenty (20) days from the date listed below in which to file of
record and serve upon the undersigned an objection to the subpoena, If no objection is made, the
subpoena may be served,
THOMAS, THOMAS & HAFER, LLP
By:
John J. McNally, IU, Esquire
Identification Nwnber: 52661
305 North Front Street
P,O, Box 999
Harrisburg, P A 17108-0999
(717) 237-7237
Attorney for Defendant
Sandra W Lease
Date: j/1/ou;
4 J3686.1
I, Jessica M. Swedenhjelm, Paralegal for the law firm Thomas, Thomas, Thomas & Hafer,
LLP, hereby certify that I have served a true and correct copy of the foregoing docwnent on the
following persons by placing a copy of the same in the United States mail, first class mail, directed
to their office addresses as follows:
Sam Andes, Esquire
P.O. Box 168
Lemoyne, P A 17043
Attorney for Plaintiffs
THOMAS, THOMAS & HAFER, LLP
By9!fJXW-rn ~1ft-J
Jessica M, SwedenhJelm, Paralegal to
John J, McNally, III
Date: ~I It JoLP
413686.1
John J. McNally Ill, Esquire
1.0. Number: 52661
THOMAS, THOMAS & HAFER, LLP
305 North Front Street, P,O, Box 999
Harrisburg, PA 17108-0999
(717)237-7116
JASON W, YOUNG,
Attorneys for Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
CIVIL ACTION - LAW
v,
No, 01-2910
SANDRA W, LEASE,
Defendant
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009,22
Chief Dougherty, West Shore Regional Police Department, 301 Market Street, Lemoyne, PA 17043
(Name of Person Of Entity)
Within tvventy (20) days after service of this subpoena, you are ordered by the court to produce the fonowin~l documents or things:
A complete and exact copy of the West Shore Regional Police investigative file including, but not limited to, police
accident report, witness statements, reports of accident reconstruction, etc" as well as complete and color copies
of any and all photographs taken in conjunction with Incident No,: 99-2328, investigating officer L.C, Strayer,
which occurred on 6/26/1999 to: THOMAS, THOMAS & HAFER, LLP, 305 N, Front Street, P,O Box 999,
Harrisburg, PA 17108
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 cos1 of
preparing the copies or producing the things sought.
If you fail to produce the documents or 1hings required by this subpoena, within twenty (20) days after its service, the party serving this subpoena
may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME John.j, McNallv. III. Esquire
ADDRESS 305 N, Front Street, p, 0, Box 999
Harrisburq, PA 17108
TELEPHONE: (717) 237-7116
SUPREME COURT ID No: 52661
A TIORNEY FOR: Defendant
BY THE COURT:
DATE:
Deputy
Seal of the Court
Prothonotary/Clerk, Civil Division
395459,2
-THOMAS. THOMAS & HAFER
LLP
r~
v.'vvw.tthlaw.com
ATTORNEYS AT LAW
305 North Front Street, P,O, Box 999, Harrisburg, PA 17108
Phone: (717) 237-7100 Fax: (717) 237-7105
John 1. McNally, 1JJ
(717) 237-7116
jmcnally@tthlaw,com
Jessica M. Swedenhjelm, Paralegal
(717) 255-7238
jswedenhjelm@tthlaw.com
March 7, 2006
Sam Andes, Esquire
P.O. Box 168
Lemoyne, FA 17043
Re: YOUNG V. LEASE
Our File No.: 340-10761
Dear Attorney Andes:
This office would like to subpoena the investigation file from the West Shore Regional Police
Department. Pursuant to Pennsylvania Rules of Civil Procedure, Rule 4009,22, the issuance of a
Notice of Intent to Serve Subpoena may be waived if all parties agree, In order to expedite the
process ofreceiving these records, it would be most appreciated if you would sign the bottom of this
letter, date it and return same to me indicating your agreement to waive the twenty day notice to issue
subpoenas.
Thank you for your cooperation in this matter. I look forward to your response,
Very truly yours,
Ijms:408871.2
AS, THOMAS & HAFER, LLP
I, Sam Andes, Esquire, do hereby agree to the waiving of the twenty day notice allowing counsel for
Defendant to obtain a copy ofrecords from the West Shore Regional Police Department.
14 f.7a...;c.h 2000
DATE
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Sa des, E uire
Lehigh Valley Office: 3400 Bath Pike, Suite 201, Bethlehem, PA 18017 . Phone: (610) 868-1675 . Fax: (610) 868-1702
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JASON W. YOUNG,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
SANDRA W. LEASE,
Defendant
CIVIL ACTION - LAW
01-2910 CIVIL TERM
IN RE: CALL OF CIVIL TRIAL LIST
ORDER OF COURT
AND NOW, this 16th day of May, 2006, upon
consideration of the call of the civil trial list, and counsel
for Defendant in the person of John J. McNally, III, Esquire,
having indicated that he has scheduled an independent medical
examination for the Plaintiff on June 2, 2006, and may be
requesting a continuance based upon that event, and counsel for
the Plaintiff in the person of Samuel L. Andes, Esquire, having
indicated that he may object to the examination based upon its
untimeliness, and may object to any continuance request based
upon the antiquity of the case, and pursuant to an agreement of
counsel, the case will not be stricken from the trial list at
this time, and counsel are requested to include their concerns
with respect to this matter in their pretrial memoranda.
By the
.g(muel L . Andes , Esquire
525 North 12th Street
P.O. Box 168
Lemoyne, PA 17043-1213
For Plaintiff
~hn J. McNally, III, Esquire
305 N. Front Street
P.O. Box 999
Harrisburg, PA 17101-1216
For Defendant
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
DOCKET NO. Ol-29l0
SANDRA W. LEASE,
Defendant
CIVIL ACTION - LAW
MOTION FOR CONTINUANCE
AND NOW comes Defendant, Sandra W. Lease, by and through her attorneys,
Thomas, Thomas & Hafer, LLP, and files a Motion for Continuance of the trial in this
matter, as follows:
l. This action arises from an incident that occurred on June 26, 1999, when
the Plaintiff was strock by a vehicle operated by Defendant, Sandra Lease.
2. On or about February 9,2006, Plaintiff filed a Praecipe to List this case for
trial for the trial term commencing June 12,2006.
3. An Independent Medical Examination of the Plaintiff was scheduled with
John Perry, M.D., for May 17,2006,
4. Unfortunately, Dr. Perry had an emergency, and was unable to perform the
Independent Medical Examination on May l7, 2006.
5. Plaintiffs Independent Medical Examination was re-scheduled to take
place on June 2, 2006.
6. Plaintiff has recently advised the Defendant that Plaintiff is now not
available for the Independent Medical Examination scheduled for June 2, 2006, and the
Plaintiffs Independent Medical Examination must be re-scheduled once again.
7. Furthermore, Plaintiffs counsel has advised Defendant's counsel that he is
not available to attend the pre-trial conference in this matter, which is currently scheduled
for Wednesday, May 24, 2006, at 9:00 a.m. before the Honorable M.L. Ebert, Jr.
8. This case is not currently ready for trial, as Plaintiffs Independent Medical
Examination has not been completed.
9. Defendant, Sandra W. Lease will suffer prejudice if Dr. Perry does not have
the opportunity to examine Plaintiff, and she respectfully requests that this case be moved
from the trial list for the June l2, 2006 trial term to that which will begin September 18,
2006, so that Plaintiffs Independent Medical Examination can be conducted.
10. Plaintiff will not be prejudiced if the relief sought is granted.
WHEREFORE, Defendant, Sandra W. Lease, respectfully requests that this
Honorable Court continue this case from the June 12, 2006 trial term.
Respectfully submitted,
Date: c;lZ~(O(,
MAS & HAFER, LLP
429496.1
Jo cNa I, squire
Attorney J.D. # 5266l
305 North Front Street
P.O. Box 999
Harrisburg, PA 1710l
(717) 237-7116
Attorneys for Defendant
2
CERTIFICATE OF SERVICE
I hereby certify that I have served a true and correct copy of the foregoing
document on the following by placing same in the United States mail, postage prepaid,
addressed as follows:
Samuel L. Andes, Esquire
525 NGrth 12th Street
Lemoyne, P A 17043
Kimberly J. Hai
Secretary to John
Date:
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JASON W. YOUNG,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V,
01-2910 CIVIL LAW
CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
SANDRA W. LEASE
DEFENDANT
IN RE: MOTION FOR CONTINUANCE
ORDER OF COURT
AND NOW, this 24th day of May, 2006, upon consideration of Defendant's Motion
for Continuance and after Pre-Trial Conference in the above referenced case, IT IS
HEREBY ORDERED AND DIRECTED that the Motion for Continuance is DENIED.
By the Court,
\~~
M. LEbert, Jr" J.
A'muel L Andes, Esquire
Attorney for Plaintiff
Jglln J. McNally, III, Esquire -l
l1(ttorney for Defendant
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JASON W. YOUNG,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-2910 CIVIL LAW
V.
CIVIL ACTION - LAW
SANDRA W, LEASE
DEFENDANT
: JURY TRIAL DEMANDED
IN RE: PRE-TRIAL CONFERENCE
ORDER OF COURT
AND NOW, this 24th day of May, 2006, after pre-trial conference in the above
referenced case, IT IS HEREBY ORDERED AND DIRECTED:
1. Trial counsel in this case shall be Samuel L. Andes, Esquire for the Plaintiff
and John J. McNally, III, Esquire for the Defendant.
2. Counsel has indicated that testimony will take less than 2 days.
3. Each party will be granted four peremptory challenges,
4. Given the representation of counsel that testimony in the case will be 2 days
or less, the Court has determined that jurors will not be allowed to take notes.
5, Both parties are directed to prepare an exhibit list pursuant to the example
attached, Two copies of this exhibit list shall be provided to the Court prior to the
commencement of trial. All visual aids used in the trial shall be disclosed to the
opposing party prior to trial.
6. Counsel for each party is directed to file the following with the Court on or
before 12:00 noon on June 8, 2006:
(a) A list of the numbered standard jury instructions the party is requesting, If a
party is proposing a unique jury instruction or requesting significant modification of a
standard instruction it shall provide the full text of the proposed instruction to the Court.
(b) A proposed verdict slip to the Court for review,
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(c) Any motions in limine regarding the admissibility of evidence,
7. The parties are presently preparing a stipulation regarding the present extent
of the Plaintiff's limitations resulting from the injury.
~uel L. Andes, Esquire
Attorney for Plaintiff
~. McNally, III, Esquire
Attorney for Defendant J
Court Administrator ~ ~
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By the Court,
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M. L. Ebert, Jr., J.
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II
vs.
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JASON W. YOUNG.
Plaintiff
SANDRA W. LEASE,
Defendant
NO. 01-2910 CIVIL TERM
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above-captioned matter "settled and discontinued".
~ ~J1
sa~~
Attorney for Plaintiff
Supreme Court 10 17225
525 North 12th Street
Lemoyne, PA 17043
(7171761-5361
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