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Home My WebLink About11-3646IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VICKI A. BAKER and DANIEL W. BAKER, husband and wife 13 Teaberry Drive Carlisle, PA 17013 Plaintiffs VS. CARISSA M. WHEELER 117 S. Hanover Street Apartment No. 2 Carlisle, PA 17013 Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth against you in the following pages, you must take action within twenty (20) days after this Complaint and Notices are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a default judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THIS OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NO.. 1),3bgb UV) t. CIVIL ACTION - LAW . ern • ?v r-? ?n JURY TRIAL DEMANDED 5; ? A VISO u= C:), -Y To 37V' USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenerse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se detiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. Usted puede perder dinero, o propriedades o otro? derechos importantes para usted, LLEVE ESTA DEMANDA A UN ABOGAW INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENDER ASISTENCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Telephone: 1-800-990-9108 717-249-3166 0) d /4 6.a 8t? ccC41 ?W V--Ifas79y3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VICKI A. BAKER and DANIEL W. BAKER, husband and wife 13 Teaberry Drive Carlisle, PA 17013 Plaintiffs vs. CARISSA M. WHEELER 117 S. Hanover Street Apartment No. 2 Carlisle, PA 17013 Defendant NO.. CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT Plaintiffs, Vicki A. Baker and Daniel W. Baker, by and through their attorneys, Craig R. Milsten, Esquire and Katherman, Briggs and Greenberg, file this Complaint and state the following: 1. Plaintiffs, Vicki A. Baker and Daniel W. Baker, husband and wife, are adult individuals and reside at 13 Teaberry Drive, Carlisle, Pennsylvania, 17013. 2. Defendant, Carissa M. Wheeler, is an adult individual and resides at 117 S. Hanover Street, Apartment No. 2, Carlisle, Pennsylvania, 17013. 3. On June 12, 2009, at approximately 4:25 p.m., Plaintiff Vicki Baker was the operator of her 2003 Pontiac Vibe and was traveling eastbound on East High Street in Carlisle, Cumberland County, Pennsylvania. 4. At the aforementioned time and place, Defendant, Carissa Wheeler, was the operator of her 1993 Toyota Tercel and was traveling on York Road intending to make a left turn (westbound) onto East High Street. 5. At the aforesaid time and place, Defendant Carissa Wheeler failed to obey a traffic control signal for her direction of travel and made a left turn directly into Plaintiff's lane of travel and collided with Plaintiff's vehicle. 6. The aforesaid accident and injuries hereinafter set forth, were caused solely by the negligence of the Defendant and were in no way caused by the Plaintiff, who was acting in a careful and prudent manner at all times. COUNTI VICKI A. BAKER V. CARISSA A WHEELER 7. The allegations of paragraphs 1 through 6 are incorporated herein by reference thereto. 8. The negligence of the Defendant, Carissa Wheeler, in causing the above accident consisted of the following: A. In failing to observe Plaintiff's vehicle on the roadway; B. In proceeding through an intersection when such movement could not be made safely; C. In turning in such a manner as to endanger other vehicles on the roadway; D. In failing to operate the vehicle in accordance with existing traffic conditions and traffic controls; 2 E. In failing to properly observe traffic signals controlling Defendant's direction of travel. F. In otherwise operating said vehicle in a careless, reckless and negligent manner and in a manner in violation of Section 3112 of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 9. The Defendant's aforesaid negligence was a substantial causal factor in Plaintiff's personal injuries, including, but not limited to, injuries to her right wrist requiring surgery, cervical disc herniation, for which surgery has been recommended, and low back injury. 10. As a result of the negligence of Defendant, Carissa Wheeler, Plaintiff has sustained or may sustain the following damages, all of which are claimed herein: A. Past and future pain and suffering; B. Past and future loss of life's enjoyment; C. Permanent limitations and loss of mobility; D. Permanent scarring; E. Past and future loss of income; and F. Recoverable special damages for medical expenses not covered by automobile insurance. 11. Plaintiffs damages exceed the applicable limits of arbitration and a jury trial is demanded. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment 3 against Defendant in an amount in excess of $50,000.00, together with interest and costs as allowed by law. COUNT II DANIEL W. BAKER VS. CARISSA M. WHEELER LOSS OF CONSORTIUM 12. The allegations of paragraphs 1 through 11 are incorporated herein by reference thereto. 13. As a result of the aforesaid accident which caused personal injuries to Plaintiff, Vicki Baker, her husband, Plaintiff Daniel Baker, has suffered and may continue to suffer the loss of companionship, comfort, society, services and other forms of consortium of his wife. 14. This matter is alleged to exceed the applicable limits of arbitration and therefore a jury trial is hereby demanded. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against the Defendant in an amount in excess of the applicable limits of compulsory arbitration plus interest and costs as permitted by law. Respectfully submitted, KATHERMAN, BRIGGS & GREENBERG BY: Date g R. Milsten, Esquire Attorney ID No. PA 77065 7 East Market Street York, PA 17401-1205 717-848-3838 Tele 717-854-9172 Fax Attorney for Plaintiffs 4 VERIFICATION I verify that the foregoing facts are true, upon my personal knowledge or information and belief. This verification is made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. teM Vicki A. Baker IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VICKI A. BAKER and DANIEL W. BAKER, husband and wife 13 Teaberry Drive Carlisle, PA 17013 Plaintiffs vs. CARISSA M. WHEELER 117 S. Hanover Street Apartment No. 2 Carlisle, PA 17013 Defendant NO.: 2011-03646 CIVIL ACTION - LAW am C c C-) . w = JURY TRIAL DEMANDED =6 - 3 c PRAECIPE TO REINSTATE COMPLAINT To the Prothonotary: Please reinstate the Complaint in the above-captioned matter. Respectfully submitted, KATHERMAN, BRIGGS & GREENBERG BY: -- Date Crai . Milsten, Esquire A mey ID No. PA 77065 7 East Market Street York, PA 17401-1205 717-848-3838 Tele 717-854-9172 Fax Attorney for Plaintiffs 004 e9,ty IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VICKI A. BAKER and DANIEL W. NO.: 2011-03646 c rll> CD ;,I BAKER, husband and wife, 3 = --? Plaintiffs z m M:2 CIVIL ACTION - LAW N ter' ? vs. D r-M c a CARISSA M. WHEELER ?° Defendant JURY TRIAL DEMANDED . a RETURN OF SERVICE I, Craig R. Milsten, being duly sworn according to the law, state the following: I am an adult individual and counsel for Plaintiffs in the above-captioned matter. 2. On May 23, 2011, I served Defendant Carissa M. Wheeler with a true and correct copy of the Complaint by FedEx delivery, Tracking Number 871285657597, to 2819 Yale Street, Endicott, NY 13760. 3. A true and correct copy of the signature proof from FedEx bearing the signature of John Barna, is attached as Exhibit A. Date: -S/o_g5ll KATHERMAN, BRIGGS & GREENBERG By: raig R. Milsten, Esquire Attorney ID No. 77065 7 East Market St., York, PA 17401 (717) 848-3838 Commonwealth of Pennsylvania County of York SS: On /)asi -75 a a // , the Affiant, being known to me or having provided satisfactory proof of identity, did personally appear before me and, being duly sworn according to the law by me, did execute this Affidavit before me. Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL KIMBERLY A. SHAUB, Notary Public City of York, York County Commission Expires December 1.7, 2013 ??s? • p FedEx Express i Customer Support Trace 3875 Airways Boulevard f1 Module H, 4th Floor Memphis, TN 38116 May 24,2011 Dear Customer: The following is the proof-of-delivery for tracking number 871285657597. U.S. Mail: PO Box 727 Memphis, TN 38194-4643 Telephone: 901-369-3600 Delivery Information: Status: Delivered Delivered to: Residence Signed for by: J.BARNA Delivery location: 2819 YALE ST 13760 Service type: Priority Envelope Delivery date: May 23, 2011 16:26 Shipping Information: Tracidng number: Recipient: CARISSA M WHEELER 2818 YALE ST 13760 US Reference 871285657597 Ship date: Weight: May 20, 2011 0.5 Ibs/0.2 kg Shipper: CRAIG R MILSTEN EG KATHERMAN, BRIGGS & GREENBERG 7 E MARKET ST 174011205 US VICKI BAKES Thank you for choosing FedEx Express. FedEx Worldwide Customer Service 1.800.GoFedEx 1.800.463.3339 JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 Fax: (717) 761-3015 E-mail: jjs@jdsw.com VICKI A. BAKER and DANIEL W. BAKER, Plaintiffs r ??D-OFFICt ''UMBER SYLVAN A TY PENN Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-3646 Civil V. CARISSA M. WHEELER, Defendant CIVIL ACTION -- LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of the Defendant, Carissa M. Wheeler, in the above-captioned matter. Respectfully submitted, JOHNS N, DUFFIE, STEWART & WEIDNER ;r a y. Lf _,,t li iy?wzzll/? eff J. S Ipman squire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: June j 2011 Counsel for Defendant 444731 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Entry of Appearance has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on June .? , 2011: Craig R. Milstein, Esquire Katherman, Briggs & Greenberg 7 East Market Street York, PA 17401-1205 Counsel for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER i Jeff s Shipma E' JOHNSON, DUFFIE, STEWART & w p NER Attorneys for Defendant By: Jefferson J. Shipman, , Esquil BERLAND COUIT I.D. No. 51785 + F'I:NNSYLYANIA 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 Fax: (717) 761-3015 E-mail: hs@jdsw.com VICKI A. BAKER and IN THE COURT OF COMMON PLEAS OF DANIEL W. BAKER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 11-3646 Civil V. CIVIL ACTION - LAW CARISSA M. WHEELER, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Vicki A. Baker and Daniel W. Baker c/o Craig R. Milstein, Esquire Katherman, Briggs & Greenberg 7 East Market Street York, PA 17401-1205 AND NOW, this .2(o day of August, 2011, you are hereby notified to plead responsively within twenty (20) days of the date of service hereof, or judgment may be entered against you. JOHNSON, DUFFIE, STEWART & WEIDNER effer on J. S man Attorneys for Defendant JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 Fax: (717) 761-3015 E-mail: jjs@jdsw.com VICKI A. BAKER and DANIEL W. BAKER, Plaintiffs Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-3646 Civil V. CARISSA M. WHEELER, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT CARISSA M. WHEELER AND NOW, comes the Defendant, Carissa M. Wheeler, by and through her counsel, Jefferson J. Shipman and Johnson, Duffie, Stewart & Weidner, and files the following Answer and New Matter to Plaintiffs' Complaint: 1. Denied. After reasonable investigation, Ms. Wheeler is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 1. 2. Admitted, except to as the address. Ms. Wheeler is currently a student at Davis College in New York. 3. Admitted upon information and belief. 4. Admitted. 5. Denied. The averments contained in paragraph 5 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 6. Denied. The averments contained in paragraph 6 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. COUNTI VICKI A. BAKER v. CARISSA M. WHEELER 7. Ms. Wheeler incorporates herein by referenced her answers to paragraphs 1 through 6 above as though fully set forth herein at length. 8. Denied. The averments contained in paragraph 8 and subparagraphs (a) through (f) are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. (a) Denied. It is specifically denied that Ms. Wheeler was negligent in allegedly failing to observe Plaintiff's vehicle on the roadway; (b) Denied. It is specifically denied that Ms. Wheeler proceeded through an intersection when such movement could not be made safely; (c) Denied. It is specifically denied that Ms. Wheeler turned in such a manner as to endanger other vehicles on the roadway; (d) Denied. It is specifically denied that Ms. Wheeler failed to operate the vehicle in accordance with existing traffic conditions and traffic controls; (e) Denied. It is specifically denied that Ms. Wheeler failed to properly observe traffic signals controlling her direction of travel; and (f) Denied. It is specifically denied that Ms. Wheeler was otherwise operating said vehicle in a careless, reckless and negligent manner and in violation of Section 3112 of the Motor Vehicle Code. 9. Denied. The averments contained in paragraph 9 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 10. Denied. The averments contained in paragraph 10 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Ms. Wheeler is without sufficient knowledge or information to form a belief as to the truth of the averments of paragraph 10, regarding Plaintiff's alleged injuries and damages and the same are therefore denied and strict proof is demanded at the time of trial. 11. Denied. The averments contained in paragraph 11 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. WHEREFORE, the Defendant, Carissa M. Wheeler, respectfully requests that judgment be entered in her favor and that Plaintiff's Complaint be dismissed with prejudice. NEW MATTER 12. That Plaintiffs alleged cause of action may be barred in whole or in part by the Pennsylvania Motor Vehicle Financial Responsibility Law and the limited tort option. 13. That if it should be found that there is any negligence on the part of Ms. Wheeler, which is specifically denied, then in that event any such negligence was not a factual cause of the Plaintiffs alleged injuries. 14. That the Plaintiffs alleged cause of action may be barred in whole or in part by the Pennsylvania Comparative Negligence Act. 15. That the Plaintiff was comparatively negligent in the following: (a) Failing to yield to Defendant's vehicle; (b) Failing to comply with traffic control devices; (c) Failing to observe Defendant's vehicle and avoid the accident; (d) Failing to have her vehicle under proper and adequate control under the circumstances. 16. That Plaintiffs own comparative negligence was a factual cause of the accident and her injuries. WHEREFORE, the Defendant, Carissa M. Wheeler, respectfully requests that judgment be entered in her favor and that Plaintiff's Complaint be dismissed with prejudice. Date: August, 2011 445689 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER 44je4ff on J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Defendant VERIFICATION The undersigned verifies that the facts set forth in the foregoing document are true and correct to the best of her knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsifications to authorities. tafigsa M. Wheeler t Dated: 2 / :445727 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer and New Matter of Defendant has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on August , 2011: Craig R. Milstein, Esquire Katherman, Briggs & Greenberg 7 East Market Street York, PA 17401-1205 Counsel for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER R y? Je er J. Shipman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VICKI A. BAKER and DANIEL W. NO.: 11-3646 BAKER, husband and wife, Plaintiffs en j_ CIVIL ACTION - LAW -W M M , - 1 vs. ? r- may,. ? ?, s ,??;= WHEELER CARISSA M c-? r.,.J; _.... , . =c> ) C Defendant JURY TRIAL DEMANDED _ r PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT Plaintiffs, Vicki A. Baker and Daniel W. Baker, by and through their attorney, Craig R. Milsten, Esquire and Katherman, Briggs & Greenberg, hereby respond to the New Matter of Defendant, as follows: 12. - 16. The allegations contained in these paragraphs contain conclusions of law to which no response is required and the same are therefore denied. To the extent an answer is required, the averments contained in these paragraphs are denied generally, pursuant to Pa.R.C.P. 1029(e). ' _?t Date Respectfully submitted, KATHERMAN, BRIGGS & GREENBERG BY: oAttomeyy g R. Milsten, Esquire ID No. PA 77065 7 East Market Street York, PA 17401-1205 717-848-3838 Tele 717-854-9172 Fax Attorney for Plaintiffs VERIFICATION I verify that the foregoing facts are true, upon my personal knowledge or information and belief. This verification is made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. poll. /4t to Vicki A. Baker IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VICKI A. BAKER and DANIEL W. BAKER, husband and wife, NO.: 11-3646 Plaintiffs VS. CARISSA M. WHEELER, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE On this day, the attached Plaintiffs' Reply to New Matter of Defendant, was sent by first-class pre-paid mail, as indicated below, to the following: Jefferson J. Shipman, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant, Carissa M. Wheeler I certify that the foregoing is true and correct subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: 1/,Lo_/? KATHERMAN, BRIGGS & GREENBERG, LLP By: ?M? ?l 411,1 Deborah A. Attard, Paralegal 7 East Market Street York, PA 17401 717-848-3838 Tele 717-854-9172 Fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VICKI A. BAKER and DANIEL W. C) NO.: 11-3646 Z Z o BAKER, husband and wife, ¢ M rn #-n - r Plaintiffs r: c•? 37 CIVIL ACTION - LAW VS :c o c . CARISSA N1. WHEELER, cry Defendant JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiffs hereby certify that: 1. A Notice of Intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena was sought to be served. 2. A copy of the Notice of Intent, including the proposed subpoena (directed to Verizon Wireless), is attached to this certificate. 3. Jefferson J. Shipman, Esquire, counsel for Defendant, has agreed to waive the twenty (20) day waiting period; and 4. The subpoena which will be served is identical to the subpoena attached to the Notice of Intent. A/) Date Respectfully submitted, KATHERMAN, BRIGGS & GREENBERG, LLP By: Vlilsten, Esquire Court I.D. #PA7'7065 7 East Market Street York, PA 17401 717-848-3838 Tele 717-854-9172 Fax Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VICKI A. BAKER and DANIEL W BAKER, husband and wife, vs. Plaintiffs NO.: 11-3646 CIVIL ACTION - LAW CARISSA M. WHEELER, Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR D,?SCOVERY PURSUANT TO RULE 4049.21 ?pY Plaintiffs intend to serve the subpoena identical to the one attached to this notice. You have twenty (20) days from the date listedbelow 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. Respectfully submitted, KATHERMAN, BRIGGS & GREENBERG, LLP Date rai . Milsten, Esquire reme Court I.D. #PA77065 7 East Market Street York, PA 17401 717-848-3838 Tele 717-854-9172 Fax Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VICKI A. BAKER and DANIEL W. BAKER, husband and wife, Plaintiffs VS. CARISSA M. WHEELER, Defendant NO.: 11-3646 CIVIL ACTION - LAW 'JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS . FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Verizon Wireless - Records Custodian c/o CT Corporation 116 Pine Street, Suite 320 Harrisburg, PA 17101-1250 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all cellular phone records, including originating/outgoing calls, terminating/ incoming calls, and date and time of text/data received (not including actual text message content) concerning telephone number: 717-713-1177 (Timothy Wheeler) for the date of June 12, 2009 from 3:00 p.m. through 6:00 p.m. at KATHERMAN BRIGGS & GREENBERG. 7 E. Market Street-York-P& 17401 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Craig R. Milsten, Attorney ID No. PA77065, KATHERMAN, BRIGGS & GREENBERG, 7 East Market Street, York, PA 17401. Phone: 717-848-3838 Fax: 717-854-9172 DATE: Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Division 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VICKI A. BAKER and DANIEL W. BAKER, husband and wife, NO.: 11-3646 Plaintiffs VS. CARISSA M. WHEELER, Defendant CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE :". '4!Ay On this day, the attached Notice of Intent to Serve Subponea to Produce Documents and Things (VerizonlTim Wheeler), was sent by first-class pre-paid mail, as indicated below, to the following: Jefferson J. Shipman, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant, Carissa M. Wheeler I certify that the foregoing is true and correct subject to the penalties of IS Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: l 1 a, KATHERMAN, BRIGGS & GREE,?N?BE?RfG, LLP By: A,1,? a - 15e Torah A. Attard, Paralegal 7 East Market Street York, PA 17401 717-848-3838 Tele 717-854-9172 Fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VICKI A. BAKER and DANIEL W. BAKER, husband and wife, NO.: 11-3646 Plaintiffs VS. CARISSA M. WHEELER, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE On this day, the attached Certificate Prerequisite to Service of Subpoena to Produce Documents and Things (Verizon Wireless/Tim Wheeler), was sent by first-class pre-paid mail, as indicated below, to the following: Jefferson J. Shipman, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant, Carissa M. Wheeler I certify that the foregoing is true and correct subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: KATHERMAN, BRIGGS & GREENBERG, LLP By: T Deborah A. Attard, Paralegal 7 East Market Street York, PA 17401 717-848-3838 Tele 717-854-9172 Fax • 0 JOHNSON, DUFFIE, STEWART & WEIDNER ;' } Y 4 r h+ ` By: Wade D. Manley, Esquire A I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 Fax: (717) 761-3015 E-mail: WDM@jdsw.com VICKI A. BAKER and DANIEL W. BAKER, Plaintiffs V. Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-3646 Civil CIVIL ACTION - LAW CARISSA M. WHEELER, Defendant JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE APPEARANCE TO THE PROTHONOTARY: Please substitute the appearance of Wade D. Manley, Esquire, of Johnson, Duffie, Stewart & Weidner, P.C., as counsel on behalf of the Defendant in the above- captioned matter. Date: October 2012 519620 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By- Wade D. Manley, Esquire Attorney I.D. No. 87244 301 Market Street - P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Defendant ? r CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe to Substitute Appearance has been duly served upon the following counsel of record, by depositing the same in , the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on October 147- 2012: Craig R. Miisten, Esquire Katherman, Briggs & Greenberg 7 East Market Street York, PA 17401-1205 Counsel for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER BY 6!??Itl Wade D. M nley VICKI A. BAKER and IN THE COURT OF COMMON PLEAS OF DANIEL W. BAKER, CUMBERLAND COUNTY, PENNSYLVANIA Husband and wife Plaintiffs V. CIVIL ACTION - LAW CARISSA M. WHEELER, Defendant 11-3646 CIVIL TERM IN RE: CIVIL TRIAL LIST ORDER OF COURT AND NOW, this 23rd day of April, 2013, upon consideration of the call of the civil call list and no person having called the above-captioned case for trial, it is stricken from the trial list . By the Court, Christy/ ee Peck, J. Craig R. Milsten, Esquire For the Plaintiffs M cfly Wade D. Manley, Esquire h. a �. For the Defendant pcb C-) c rn a;, .�° M �- < C:)C:. r--� �•C_- •r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VICKI A. BAKER and DANIEL W. NO.: 11-3646 BAKER, husband and wife, Plaintiffs CIVIL ACTION-LAW VS. CARISSA M. WHEELER, : Defendant JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above action settled and satisfied. Respectfully submitted, KATHERMAN,BRIGGS &GREENBERG Date: By: rai . Milsten, Esquire S reme Court I.D. #77065 7 East Market Street York, PA 17401 (717) 848-3838 Fax# (717) 854-9172 cmilstengkbglaw.com CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the foregoing PRAECIPE TO DISCONTINUE as set forth below by first class United States postage: Wade D. Manley, Esquire Johnson, Duffle, Stewart& Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Respectfully submitted, KATHERMAN, BRIGGS & GREENBERG Date: By: Crai ilsten, uire Supre Court I.D. #7 -65 7 East Market Street York, PA 17401 (717) 848-3838 Fax# (717) 854-9172 cmilstengkbglaw.com