Loading...
HomeMy WebLinkAbout02-0369JANET M. COOK 217 N. MIDDLESEX ROAD, CARLISLE, CUMBERLAND COUNTY PENNSYLVANIA, Plaintiff V THOMAS M. HAXALL 816 N. STATE ROAD, APT. A MARYSVILLE, PERRY COUNTY, PENNSYLVANIA 17055, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL PRAECIPE TO THE PROTHONOTARY: Please issue a Writ of Summons in favor of Plaintiff Janet M. Cook against Defendant Thomas M. Haxall. Please direct the Sheriff to proceed with service of this Writ of Summons on Defendant Thomas M. Haxall at 816 North State Road, Apt. A, Marysviile, Perry County, Pennsylvania 17055. Respectfully submitted, AH~bo; nrte yX ~oGr l~ra°nYe't ~ .qi ~ ~ k Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 Supreme Court ID No. 29943 Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS JANET M. COOK, Plaintiff Vs. THOMAS M. HAXALL 816 N. STATE ROAD APT. A MARYSVILLE, PA17053, Defendant Court of Common Pleas No. 02-369 In CivilAction-Law To THOMAS M. HAXALL You are hereby notified that JANET M. COOK the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date January 22, 2002 Pro onotary ' (J ATTORNEY Name: HUBERT X. GILROY, ESQUIRE Address: 4 NORTH HANOVER STREET CARLISLE, PA 17013 Attorney for: Plaintiff Telephone: (717) 243-4574 Supreme Court ID No. 29943 JANET M. COOK, Plaintiff V THOMAS M. HAXALL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002- ~ ~.~ ~ CIVIL : CIVIL ACTION - LAW : NOTICE OF DEPOSITION TO: Thomas M. Haxall 816 North State Road, Apt. A Marysville, Perry County, Pennsylvania 17055 Pursuant to Pennsylvania Rule of Civil Procedure 4001 et seq., you, Thomas M. Haxall, are directed to appear at the law offices of Broujos & Gilroy, P.C., 4 North Hanover Street, Carlisle, Cumberland County, Pennsylvania, on Wednesday, March 6, 2002 at 2:00 p.m. for purposes of giving a deposition in the above matter. The Plaintiff in the above matter desires to take your deposition for purposes of preparing a complaint, and this Notice of Deposition is entered pursuant to Pennsylvania Rule of Civil Procedure 4007.1(C). The nature of the cause of action and the matters to be inquired into are as follows: A. All matters pertaining to your involvement in an incident at Williams Grove Speedway, Cumberland County, Pennsylvania on October 13, 2001 in which Plaintiff Janet M. Cook was struck by a car and suffered injuries as a result of that incident. B. In the event you were involved in the incident set forth in Subparagraph A above, an inquiry will be made with respect to any and all insurance policies that may apply to you or the motor vehicle you were operating to the time of the incident. C. Your knowledge with respect to policies and procedures in place and implemented at Williams Grove Speedway. Pursuant to applicable rules of court, you are required to appear at this deposition and to stay and respond to appropriate questions until the deposition is concluded. Date: Hubert X. Gilroy, Esquire/ Attorney for Plaintiff [ Broujos & Gilroy, P.C. ~ 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 Supreme Court ID No. 29943 JANET M. COOK, Plaintiff V THOMAS M. HAXALL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02 - 369 CIVIL ACTION - LAW ; : PRAECIPE Please reissue the Writ of Summon in the above matter, and kindly direct the reissued Writ of Summons and the attached Notice of Deposition to the Cumberland County Sheriffwith the request that Defendant Thomas M. Haxall be served with both documents at his place of employment: Coin Wrap 1380 Howard Street Harrisburg, Dauphin County, Pennsylvania 4 N. Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS IANET M. COOK, Plaintiff Vs. THOMAS M. HAXALL 816 N. STATE ROAD APT. A MARYSVILLE, PA17053, Defendant Court of Common Pleas No. 02-369 In CivilAetion-Law To THOMAS M. HAXALL You are hereby notified that JANET M. COOK the Plaintiffhas / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date January 22, 2002 ATTORNEY Name: HUBERT X. GILROY, ESQUIRE Address: 4 NORTH HANOVER STREET CARLISLE, PA 17013 Attorney for: Plaintiff Telephone: (717) 243-4574 Supreme Court ID No. 29943 SHERIFF'S RETURN - OUT OF COUNTY 'CASE NO: 2002-00369 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COOK JANET M VS HAXALL THOMAS M 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: HA~iALL THOMAS M but was unable to locate Him deputized the sheriff of DAUPHIN serve the within WRIT OF SUMMONS in his bailiwick. He therefore On April County, Pennsylvania, to llth , 2002 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 18.00 9.00 10.00 25.50 .00 62.50 04/11/2002 BROUJOS & GILROY SO answers R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this /~ ~ day of ~ A.D. Prothonota~yt , Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania : COOK JANET M vs County of Dauphin : I-~L THOI~ M Sheriff' s Return No. 0411-T -2002 OTHER COUNTY NO. 02-369 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for HAXALL THOIe&S M the DEFENDANT named in the within SUMMONS and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOD-AgD, March 25, 2002 DEFENDANT CALLED SHERIFF'S OFFICE TO PICK-UP BUT NEVER CAME. ORDER EXPIRED Sworn and subscribed to before me this 25THey of. MARCH, 2002 PROTHONOTARY So Answers, Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs: $25.50 PD 02/25/2002 RCPT NO 160566 , In The Court of Common Pleas of Cumberland County, Pennsylvania Janet M. Cook VS. Thomas M. Haxall SERVE: Thomas M. Haxall No. 02 369 civil }NOW, February 15, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, w/thin Affidavit of Service ,20 ,at o'clock M. served the upon at by handing to a and made known to copy ofthe ohginal So answers, the content~Jh~eo~.~ c, oo Sworn and subscribed before me this __ day of ,20 Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS JANET M. COOK, Plaintiff Vs. THOMAS M. HAXALL 816 N. STATE ROAD APT. A MARYSVILLE, PA17053, Defendant Court of Common Pleas No. 02-369 In CivilAction-Law To THOMAS M. HAXALL You are hereby notified that JANET M. COOK the Plaintiffhas / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date January 22, 2002 ATTORNEY Name: HUBERT X. GILROY, ESQUIRE Address: 4 NORTH HANOVER STREET CARLISLE, PA 17013 Attorney for: Plaintiff Telephone: (717) 243-4574 Supreme Court ID No. 29943 ProTthonotary--'''~ /// 'TI~E (X~PY FFIOI4 RECORD JANET M. COOK, Plaintiff V THOMAS M. HAXALL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW TO: NOTICE OF DEPOSITION Thomas M. Haxall 816 North State Road, Apt. A Marysville, Perry County, Pennsylvania 17055 Pursuant to Pennsylvania Rule of Civil Procedure 4001 et seq., you, Thomas M. Haxall, are directed to appear at the law offices of Broujos & Gilroy, P.C., 4 North Hanover Street, Carlisle, Cumberland County, Pennsylvania, on Wednesday, March 6, 2002 at 2:00 p.m. for purposes of giving a deposition in the above matter. The Plaintiff in the above matter desires to take your deposition for purposes of preparing a complaint, and this Notice of Deposition is entered pursuant to Pennsylvania Rule of Civil Procedure 4007.1(C). The nature of the cause of action and the matters to be inquired into are as follows: A. All matters pertaining to your involvement in an incident at Williams Grove Speedway, Cumberland County, Pennsylvania on October 13, 2001 in which Plaintiff Janet M. Cook was struck by a car and suffered injuries as a result of that incident. B. In the event you were involved in the incident set forth in Subparagraph A above, an inquiry will be made with respect to any and all insurance policies that may apply to you or the motor vehicle you were operating to the time of the incident. C. Your knowledge with respect to policies and procedures in place and implemented at Williams Grove Speedway. Pursuant to applicable rules of court, you are required to appear at this deposition and to stay and respond to appropriate questions until the deposition is concluded. Date: Hubert X. Gilroy, Esquire/ Attorney for Plainti~ff~ f Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 Supreme Court ID No. 29943 JANET M. COOK, Plaintiff THOMAS M. HAXALL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02 - 369 CIVIL ACTION - LAW : -_ PRAECIPE TO THEPROTHONOTARY: Please reissue the Writ of Summons in the above matter and refer it to the Cumberland County Sheriff for service at the Silver Spring Speedway. Silver Spring Speedway 6416 Carlisle Pike Mechanicsburg, PA 17055 Date: ~/~/~ Hubert X. Gilroy,/~s~uire Attorney for Pi~tiff Broujos & G)l~oy, P.C. 4 North H~dover _Street Carlisle/PA 17013 (717) 243-4574 Supreme Court ID No. 29943 JANET M. COOK, Plaintiff V THOMAS M. HAXALL, Defendant : IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02 - 369 CIVIL ACTION - LAW NOTICE OF DEPOSITION To: Thomas M. Haxall Pursuant to Pennsylvania Rule of Civil Procedure 4001 et seq., you, Thomas M. Haxall, are directed to appear at the law offices of Broujos & Gilroy, P.C., 4 North Hanover Street, Carlisle, Cumberland County, Pennsylvania, on Wednesday, June 5, 2002 at 2:00 p.m. for purposes of giving a deposition in the above matter. The Plaintiff in the above matter desires to take your deposition for purposes of preparing a complaint, and this Notice of Deposition is entered pursuant to Pennsylvania Rule of Civil Procedure 4007.1(C). The nature of the cause of action and the matters to be inquired into are as follows: A. All matters pertaining to your involvement in an incident at Williams Grove Speedway, Cumberland County, Pennsylvania on October 13, 2001 in which Plaintiff Janet M. Cook was struck by a car and suffered injuries as a result of that incident. B. In the event you were involved in the incident set forth in Subparagraph A above, an inquiry will be made with respect to any and all insurance policies that may apply to you or the motor vehicle you were operating to the time of the incident. C. Your knowledge with respect to policies and procedures in place and implemented at Williams Grove Speedway. Pursuant to applicable rules of court, you are required to appear at this deposition and to stay and respond to appropriate questions until the deposition is concluded. Date: Hubert X. Gilro.y, ~.Es~/uire Attorney for ..Plaintiff Broujos & Gdroyr,P.C. 4 North Hanover (Street Carlisle, PA 17013 (717) 243-4574 Supreme Court ID No. 29943 JANET M. COOK, Plaintiff THOMAS M. HAXALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 369 CIVIL ACTION - LAW To: Thomas M. Haxali NOTICE OF DEPOSITION Pursuant to Pennsylvania Rule of Civil Procedure 4001 et seq., you, Thomas M. Haxall, are directed to appear at the law offices of Broujos & Gilroy, P.C., 4 North Hanover Street, Carlisle, Cumberland County, Pennsylvania, on Tuesday, August 13, 2002 at 2:00 p.m. for purposes of giving a deposition in the above matter. The Plaintiff in the above matter desires to take your deposition for purposes of preparing a complaint, and this Notice of Deposition is entered pursuant to Pennsylvania Rule of Civil Procedure 4007.1(C). The nature of the cause of action and the matters to be inquired into are as follows: A. All matters pertaining to your involvement in an incident at Williams Grove Speedway, Cumberland County, Pennsylvania on October 13, 2001 in which Plaintiff Janet M. Cook was struck by a car and suffered injuries as a result of that incident. B. In the event you were involved in the incident set forth in Subparagraph A above, an inquiry will be made with respect to any and all insurance policies that may apply to you or the motor vehicle you were operating to the time of the incident. C. Your knowledge with respect to policies and procedures in place and implemented at Williams Grove Speedway. Pursuant to applicable rules of court, you are required to appear at this deposition and to stay and respond to appropriate questions until the deposition is concluded. Date: ~boern~eyX~~quire Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 Supreme Court ID No. 29943 JANET M. COOK, Plaintiff THOMAS M. HAXALL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02 - 369 CIVIL ACTION - LAW _. PRAECIPE Please reissue the Writ of Summon in the above matter, and kindly direct the reissued Writ of Summons and the attached Notice of Deposition to the Cumberland County Sheriff with the request that Defendant Thomas M. Haxall be served with both documents at his place of employment: Date: Coin Wrap 1380 Howard Street Harrisburg, Dauphin County, Pennsylvania Hub~e~X Gdr y, Esquire GERMAN, GALLAGHER & MURTAGH By: Dean F. Murtagh, Esquire William C. Stubits, Esquire Attorney I.D. No.: 19611/45345 The Bellevue, Suite 500 200 S. Broad Street Philadelphia, PA 19102 (215) 545-7700 JANET M. COOK V. THOMAS M. HAXALL Attorneys for Defendant Thomas M. Haxall COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2002-369 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of defendant, Thomas M. Haxall in reference to the above-captioned matter. Respectfully submitted, GERMAN, GALLAGHER & MURTAGH By: ~ ..... Dean F. Murtagh, Esquire William C. Stubits, Esquire Attorneys for defendant Thomas M. Haxall :222940-1 SHERIFF'S RETURN C~SE NO: 2002-00369 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COOK JANET M VS HAXALL THOMAS M - OUT OF COUNTY 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: HAXALL THOMAS M but was unable to locate Him deputized the sheriff of DAUPHIN serve the within WRIT OF SUMMONS in his bailiwick. County, He therefore Pennsylvania, to On July 22nd , 2002 this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 18.00 9.00 10.00 25.50 .00 62.50 07/22/2002 BROUJOS AND GILROY So answers: ~_ ~_ ~. Thomas Kline ~ Sheriff of Cumberland County Sworn and subscribed to before me this 3/~ day of A.D. Prothonotar~ Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255~2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW:July 8, 2002 SUMMONS HAXALL THOMAS M to HIM of the original SUMMONS to him/her the contents thereof at POE: COIN WRAP 1380 HOWARD ST HBG, PA 17101-0000 : COOK JANET M vs : HAXALL THOMAS M Sheriff's Return No. 1664-T - -2002 OTHER COUNTY NO. 02-369 at 8:45AMserved the within upon by personally handing 1 true attested copy(les) and making known Sworn and subscribed to before me this 15TH day of JULY, 2002 PROTHONOTARY So Answers, Sheriff of Dauphin County, Pa. Sheriff's Costs: $25.50 PD 07/03/2002 RCPT NO 166306 HOPKINS In The Court of Common Pleas of Cumberland County, Pennsylvania Janet M. Cook VS. Thcmas M. Haxall SERVE: s~ne No. 02 369 civil Now, June 28, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service NOW~ within ,20 , at o'clock M. served the upon at by handing to a and made known to copy of the original the contents thereof. So answers, Sworn and subscribed before me this __ day of ,20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT GERMAN, GALLAGHER & MURTAGH By: William C. Stubits, Esquire Identification No.: 45345 The Bellevue, Suite 500 200 S. Broad Street Philadelphia, PA 19102 215-545-7700 JANET M. COOK V. THOMAS M. HAXALL Attorneys for defendant Thomas M. Haxall COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 02-0369 RULE TO FILE A COMPLAINT To the Prothonotary: Please enter a Rule upon plaintiff to file a complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. GERMAN, GALLAGHER & MURTAGH By: William C. Stubits, Esquire Attomeys for Defendant Thomas M. Haxall RULE TO FILE COMPLAINT AND NOW, this ~ day of _?~ ~ ,2002, a Rule is hereby GRANTED upon plaintiffs to file a complaint herein within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. :232012-1 BY THE COURT: GERMAN, GALLAGHER & MURTAGH By: William C. Stubits, Esquire Identification No.: 45345 The Bellevue, Suite 500 200 S. Broad Street Philadelphia, PA 19102 215-545-7700 Attorneys for defendant Thomas M. Haxall JANET M. COOK V. THOMAS M. HAXALL COURT OF COMMON PLEAS CUMBERLAND COUNTY PEiNNSYLVANIA NO. 02-0369 TO: ..NOTICE OF PRAECIPE TO ENTER JUDGMENT OF NON PRO,'; Janet M. Cook c/o Hubert X Gilroy, Esquire Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 Date of Notice: November 6, 2002 IMPORTANT NOTICE You are in default because you have failed to file a complaint in this case. Unless you act within ten (10) days from the date of this notice as set forth below, a judgment may be entered against you without a hearing and you may lose your right to sue the defendant and thereby lose property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: PI-III,ADELPHiA BAR ASSOCIATION Lawyer Referral and Information Service One Reading Center Philadelphia, PA 19107 (215) 238-1701 :236088-1 GERMAN, GALLAGHER & MURTAGH By:... ~lliam C. Stubits, Esquire Attorneys for defendant Thomas M. Haxall JANET M. COOK, Plaintiff V THOMAS M. HAXALL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02 - 0369 .- _. : NOTICE TO PLEAD You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 717-249-3166 JANET M. COOK, Plaintiff V THOMAS M. HAXALL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02 - 0369 _. .. .. COMPLAINT Plaintiff, Janet M. Cook, by her attorneys, Broujos & Gilroy, P.C., sets forth the following: 1 Plaintiff, Janet M. Cook, is an adult individuals residing at 217 North Middlesex Road, Carlisle, Cumberland County, Pennsylvania. 2 Defendant, Thomas M. Haxall, is an adult individual residing at 4341 Carlisle Pike, A-5, Camp Hill, Pennsylvania 17011. 3 The facts and occurrences hereinafter related took place on or about October 13, 2001 at Williams Grove Speedway, Cumberland County, Pennsylvania at approximately 8:30 p.m. 4 At such time and place, Plaintiff was walking along the roadway area of a parking lot facility at the Williams Grove Speedway. 5 At such time and place, Defendant was operating and controlling the movement of a motor vehicle of unknown make and year. 6 At such time and place, Defendant drove and operated his motor vehicle in such a manner that the vehicle struck the Plaintiff as she was walking. 7 The striking of the Plaintiff while she was walking and all of the injuries and damages set forth hereinafter sustained by the Plaintiff are the direct and proximate result of the negligent, careless, wanton and reckless manner in which the Defendant operated and controlled his vehicle as follows: A. Failing to properly observe the Plaintiff. B. Failing to drive and operate the vehicle at a speed that is reasonable and prudent under the conditions and having regard to the actual and potential hazards existing or speed greater than would permit the Defendant to bring his vehicle to a stop within an assured clear distance ahead in violation of 75 Pa.C.S.A. §3361. C. Driving or operating the vehicle in careless disregard for the safety of the Defendant in violation of the 75 Pa.C.S.A. §3714. 8 As a result of the accident caused by the Defendant, Plaintiff sustained painful and serious injuries including but not limited to the following: A. Depressed left tibial plateau fracture. B. Multiple contusions and abrasions. 9 By reason of the aforesaid injuries, Plaintiff was forced to incur liability for medical treatment, medications, hospitalizations and similar miscellaneous expenses in an effort to restore herself to health, and claim is made there for. A listing of medical expenses incurred to date is attached hereto and marked Exhibit "A". 10 As a result of the aforesaid injuries, Plaintiff has been advised and, therefore, avers, that she may be forced to incur similar medical expenses in the future, and claim is made there 11 As a result of the aforementioned injuries, Plaintiff has suffered a period of disability from work and has lost earnings during that time and claim is made there for. 12 As a result of the aforementioned injuries, Plaintiff has been advised, and therefore avers, that she may suffer diminution in her earning capacity in the future, and claim is made there for. 13 As a result of the aforementioned injuries, Plaintiff has undergone in the past and in the future may undergo physical and mental suffering, inconvenience and carrying out her daily activities, loss of life's pleasures and enjoyments, and claim is made there for. 14 Plaintiff continues to be plagued with persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made there for. 15 As a result of the aforementioned injuries, Plaintiff has undergone cosmetic disfigurement and claim is made there for. WHEREFORE, Plaintiff requests your Honorable Court to enter judgment against Defendant in an amount in excess of $25,000.00 and in excess of the compulsory arbitration limit for Cumberland County. Respectfully submitted, ~ire (717) 243-4574 Supreme Court ID No. 29943 Masland & Associates EXHIBIT "A" Medical Expenses $ 274.86~ Carlisle Regional Medical Center Appalachian Orthopedic Carlisle Regional Medical Center Dillsburg Ambulance Carlisle Imaging Penn Rehab Masland Associates Central Penn Medical Group $4,754.02t $1,213.89~ $ 83.65~ $ 52.83~ $5,748.85~ $ 462.00 $ 270.00 $ 732.00 $ 234.00 $ 233.00 TOTAL $14,059.10 10/20/01 10/22/01 12/06/01 10/18/01 - 2/26/02 5/20/02 7/12/02 ~ Bills were paid by Allstate pursuant to ACT 6 calculations. Allstate coverage exhausted at $10,000.00. On bill of $5,748.85 to Carlisle Regional Medical Center, Allstate paid $3,620.75 which leaves $2,128.10 owing to Carlisle Regional Medical Center I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4904 relating to unsworn falsification to authorities. DATE: GERMAN, GALLAGHER & MURTAGH By: William C. Stubits, Esquire Identification No.: 45345 The Bellevue, Suite 500 200 S. Broad Street Philadelphia, PA 19102 215-545-7700 To the herein PARTIES you are hereby notified to plead to the enclosed NEW MATTER within 20 days of service thereof or a default judgment may be entered against you. William C. Stubits, Esquire Attorneys for defendant Thomas M. Haxall Attorneys for defendant Thomas M. Haxall JANET M. COOK THOMAS M. HAXALL COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 02-0369 ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER DIRECTED TO PLAINTIFF 1. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the matters alleged in paragraph 1 and they are therefore denied. 2. Admitted. 3-6. It is admitted only that on or about October 13, 2001 at approximately 8:30 p.m. at the Williams Grove Speedway in Cumberland County, Pennsylvania defendant was steering a car as it was being pushed by other individuals and was involved in an accident with a pedestrian (alleged to be plaintiff). It is denied that defendant's participation in the movement of said vehicle was of"such a manner" as to cause it to strike said individual (alleged to be plaintiff). As to any allegations of negligence, carelessness or wanton or reckless behavior directed to defendant in paragraphs 3 through 6, they are denied; on the contrary, at ali times material :238195-1 hereto, defendant acted reasonably and appropriately under all the circumstances. As to any allegations of causation, they are denied as conclusions of law. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining matters alleged in paragraphs 3 through 6 and they are therefore denied. 7. As to the allegations of negligence, carelessness and wanton and reckless behavior directed to defendant in paragraph 7, including subparagraphs (a) through (c), they are denied; on the contrary, at all times material hereto defendant ac, ted reasonably and appropriately under all the circumstances. As to the allegations of direct and proximate cause, they are denied as conclusions of law. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining matters alleged in paragraph 7 and they are therefore denied. 8-15. As to the allegations of negligence, carelessness and wanton and reckless behavior directed to defendant in paragraphs 8 through 15, they are denied; on the contrary, at all times material hereto defendant acted reasonably and appropriately under all the circumstances. As to the allegations of direct and proximate cause, they are denied as conclusions of law. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining matters alleged in paragraphs 8 through 15 and they are therefore denied. WHEREFORE, defendant Thomas M. Haxall denies he is liable on the cause of action declared by plaintiff. 2. limitations. ..NEW MATTER DIRECTED TO PLAINTIFF Plaintiffs complaint fails to state a claim upon which relief can be granted. Plaintiffs claims are barred in whole or in part by the applicable statute of :23g195-1 2 defendant. 6. 3. Plaintiffs claims are barred in whole or in part by the applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility law. 4. Plaintiff assumed the risk of her injuries. The plaintiff signed a waiver/release agreement which bars her claims against Plaintiffs injuries, if any, were caused in whole or in part by the acts of entities or individuals other than defendant over whom defendant had no control nor right of control or is directly or indirectly responsible. 7. Plaintiffs claims are barred in whole or in part by the Pennsylvania Comparative Negligence Statute. 8. Plaintiffs claims are barred as a result of her contributory negligence. Respectfully submitted, GERMAN, GALLAGHER & MURTAGH Dated: By: ~lliam C. Stubits Attorneys for defendant Thomas M. Haxall :238195-1 3 VERIFICATION The undersigned verifies that he is the defendant in the within action; that he is familiar with the facts set forth in the foregoing answer to plaintiffs complaint with new matter directed to plaintiff and that same are true and correct to the best of his knowledge, information and belief and that he makes this statement subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. By: :238195-1 4 CERTIFICATE OF SERVICE The undersigned hereby certifies and states that a true and correct copy of the attached foregoing answer to plaintiff's complaint with new matter directed to plaintiff was served via regular first class mail, postage prepaid upon all parties as follows: Hubert X. Gilroy, Esquire Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 Dated: GERMAN-, GALLAGHER & MURTAGH '~illi~tm'- C. Smbits Attorneys for defendant Thomas M. Haxall :238195-1 5 GERMAN, GALLAGHER & MURTAGH By: William C. Stubits, Esquire Christina J. Westall, Esquire Identification Nos. 45345/85761 The Bellevue, Fifth Floor 200 South Broad Street Philadelphia, PA 19102 (215) 545-7700 Attorney for Defendant, Thomas M. Haxall Janet M. Cook Thomas M. Haxall Plaintiff, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 02-0369 CIVIL ACTION - LAW DEFENDANT'S MOTION_TO COMPEL ANS~WERS TO DEFENDANT'S INTERROGATORIES AND RESPOND TO DEFENDANT'S REQUEST FOlq PRODUCTION OF DOCUMENTS 1. On October 28, 2002, counsel for Defendant Thomas M. Haxall served Interrogatories and Request for Production of Documents addressed to Plaintiff, Janet M. Cook. Plaintiff has not filed Objections or Answers to Defendant's Interrogatories and Request for Production of Documents nor has she produced the various documents and things requested therein. 2. On December 13, 2002, counsel for Defendant sent a letter to Plaintiff's counsel requesting a response to interrogatories and production of docume, nts within two (2) weeks to avoid a motion to compel. 3. On January 9, 2003, counsel for Defendant sent a second letter via regular and certified mail requesting a response to the letter of December 13, '~ ,.002. 4. As of the date of this motion, Plaintiff has failed to respond to Defendant's Interrogatories and Request for Production of Documents. WHEREFORE, Defendant Thomas M. Haxall moves this Honorable Court to order Plaintiff to provide full, complete and verified Answers to Defendant's Interrogatories and Request for Production of Documents and to produce the documents requested within twenty (20) days or risk sanctions. GERMAN, GAL]LAGHER & MURTAGH William C. lStubits, Esquire Christina J. Westall, Esquire Attorney for Defendant Thomas M. Haxall Dated: February 11, 2003 GERMAN, GALLAGHER & MURTAGH By: William C. Stubits, Esquire Christina J. Westall, Esquire Identification Nos. 45345/85761 The Bellevue, Fifth Floor 200 South Broad Street Philadelphia, PA 19102 (215) 545-7700 Attorney for Defendant, Thomas M. Haxall Janet M. Cook Thomas M. Haxall Plaintiff, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 02-0369 CIVIL ACTION - LAW CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the within Motion to Compel Answers to Defendant's Interrogatories and Respond to Defendant's Request for Production of Documents was served upon counsel listed below by United States First Class Mail, postage pre-paid on February 11, 2003, to the address listed below. Hubert X. Gilroy, Esquire Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 GERMAN, GALLAGHER & MURTAGH Christina J. Westall, Esquir~ Attorney for Defendant Thomas M. Haxall JANET M. COOK, Plaintiff V THOMAS M. HAXALL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02 - 0369 CIVIL ACTION - LAW RESPONSE TO FEBRUARY 21~ 2003 ORDER OF COURT Plaintiff, Janet M. Cook, by her attorneys, Broujos & Gilroy, P.C., in response to the February 21, 2003 Rule issued in this matter, hereby states that Answers to Interrogatories along with a Supplemental Answer to, Request for Production of Documents was filed with counsel for the Defendant by mail on the 12th day of March, 2003. Respectfully submitted, H~~~o r~y~o~~(~ r°~' E~uire 4 North Hanover Street Carlisle, PA 170113 (717) 243-4574 Supreme Court ID No. 29943 JANET M. COOK, Plaintiff V THOMAS M. HAXALL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002 - 369 CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please mark the above captioned action as settled and discontinued. Respectfully submitted, X. Gilroy, Esquire ey for Plaintiff Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 Supreme Court ID No. 29943