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Home My WebLink About04-4646 DIANA JONES and KENNETH JONES, her husband, IN THE COURT OF COMMON PLEAS CUMBERlAND COUNTY, PENNSYLVANIA Plaintiffs v. /1//_ ~. /1/ ~., ~ : No.: f/7 UTI.' ~ : CIVIL ACTION - LAW CHARLES B. HATHAWAY, Defendant : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a writ of summons upon the above-named defendant at the following address: Charles B. Hathaway Cumberland County 7 North Watch Lane Mechanicsburg, Pennsylvania 17055 Thank you. BY: DAVID J. F TER, ESQUIRE I. D. # 23151 COSTOPOULOS, FOSTER & FIELDS 831 Market Street/Po O. Box 222 Lemoyne, PA 17043 Phone: (717) 761-2121 -Attorney for Plaintiffs Date: September 15, 2004 DIANA JONES and KENNETH JONES : IN THE COURT OF COMMON PLEAS her husband, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : No.: tflf/- ~ fI~ ~ : CIVIL ACTION -LAW CHARLES B. HATHAWAY, Defendant : JURY TRIAL DEMANDED WRIT OF SUMMONS TO THE ABOVE DEFENDANT(S): YOU ARE HEREBY NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAVE COMMENCED AN ACTION AGAINST YOU. Dared: ~- /~,~~ /$ ~'.E: X<ny Curt Long, Prothonotaty //J L- Seal of the Court ,~ " '- ~ ~ ~ ~ ". C5 ~ ~ ~ ~~ ~ \, ~~ " '\. "- , ~~ ~. . :- ~' ~ SHERIFF'S RETURN - REGULAR CASE NO: 2004-04646 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JONES DIANA ET AL VS HATHAWAY CHARLES B RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HATHAWAY CHARLES B the DEFENDANT at 1125:00 HOURS, on the 16th day of September, 2004 at 7 NORTH WATCH LANE MECHANICSBURG, PA 17055 by handing to MARGARET HATHAWAY, MOTHER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 6.66 .00 10.00 .00 34.66 ~~-<r<~ , R. Thomas Kline 09/17/2004 COSTOPOULOS Sworn and Subscribed to before By: me this ~~~ day of ,~~ ~y A.D. /l~...<-. Q )},.df,,,-,~ ~lProthonotary , FIFILESIDA T AFlLEITravelers30QOICurreml823.pral/nlm Created 1/2510510.HAM Revised: 1/25/05 !0:37AM 30'.1.823 George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS & OTTO J.D. 49813 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendant DIANA JONES and KENNETH JONES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-4646 CIVIL ACTION - LAW CHARLES B. HATHAWAY, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORF'F WILLIAMS & OTTO on behalf of Defendant in the above matter and issue a rule upon the Plaintiffs to file a Complaint within twenty (20) days from service thereof or suffer judgment of non pros. Defendant hereby demands a twelve juror jury trial in the above captioned action. MART~EARDO ).11 By r/" Geor B. Fer, Jr., Esquir J.D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 S & OTTO Attorneys for Defendant Dated: January 25,2005 BllLE AND NOW, this25' day;j)o./JUo.n!2005, a Rule is issued upon the Plaintiff to file a Com,,,"", w"hin <Wrn'y (20) d,,, from =i~ h,=f. , I- 7 .; .~ ~~ CERTIFICATE OF SERVICE I, NichoIe L. Myers, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: David J. Foster, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street P.O. Box 222 Lemoyne, P A 17043 MAR TSON DEARDORFF WILLIAMS & OTTO Byb1-l Vi rY/'&f4J-- Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 25,2005 (2 ~.,.,; ':",~ '9;~; (J-:1 ...., ~t:'- )7("c" ~i ~ S; <- ~ r"''':''1 u ~\ -;:;:I.-!) 61~;, --9,';.::'.) ~'2 1, ::::-.:~~S~\':1 \~\r~\ :::~1 --0 -;J'. (,> .. c,.) f'" ~~ ORIGINAL DIANA JONES AND KENNETH JONES, HER HUSBAND, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : No. 04-4646 Civil v. : CIVIL ACTION - LAW CHARLES B. HATHAWAY, Defendant : JURY TRIAL DEMANDED NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN TIffi FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED BY ENTERING A vnliTTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN vnliTING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAn~ST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAYBE ENTERED AGAINST YOU BY TIffi 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 IMPORT ANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYERA T 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIREALA WYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 or (800) 990-9108 DIANA JONES AND KENNETH JONES, HER HUSBAND, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 04-4646 Civil v. : CIVIL ACTION - LAW CHARLES B. HATHAWAY, Defendant : JURY TRIAL DEMANDED PLAINTIFFS' COMPLAINT AND NOW come the Plaintiffs, Diana Jones and Kenneth Jones, her husband, and respectfully represent as follows in support of this Complaint: I. Plaintiffs, Diana Jones and Kenneth Jones, her husband, are adult individuals residing at 351 Big Springs Road, Etters, York County, Pennsylvania 17319-9313. 2. Defendant, Charles B. Hathaway, is an adult individual residing at 7 North Watch Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The events giving rise to this cause of action occurred at approximately 6 p.m. on or about December 15,2002 at the intersection of the Carlisle Pike (U.S. Route II) and Central Boulevard, Hampden Township, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Plaintiff, Kelmeth Jones, was operating a motor vehicle in which Plaintiff, Diana Jones, was a passenger, and was stopped at a red light at the aforesaid intersection when a motor vehicle operated by Defendant, Charles B. Hathaway, 2 failed to stop and struck the Plaintiffs' vehicle from behind, forcing it into the vehicle stopped ahead of it, thereby causing the injuries and damages that give rise to this action. 5. At the aforesaid time and place, the collision and the injuries and damages resulting therefrom were caused by the negligent, careless and/or reckless actions of Defendant, Charles B. Hathaway, in that he: a) violated Section 373l(a), (a)(l), (a)(3) and (a)( 4) ofthePennsylvania Motor Vehicle Code, 75 Pa.C.S.A. 373l(a)(I), (a)(3) and (a)(4), "Driving while under the influence," and thus is negligent per se; b) operated his vehicle while under the influence of alcohol; c) operated his vehicle while under the intlluence of alcohol to a degree which rendered him incapable of safe driving; d) operated his vehicle with a blood alcohol level of 0.17 percent; e) failed to stop at the red light; f) failed to corne to a stop before hitting the Plaintiffs' vehicle from behind; g) failed to operate his vehicle at a safe speed; h) operated his vehicle at a speed greater than permitted him, as driver, to bring his vehicle to a stop within the assured clear distance ahead; 3 i) failed to maintain his car under proper and lawful control; j) failed to stop before causing an accident; k) failed to keep a proper lookout; I) failed to see what he should have seen; m) failed to notice the imminence of an accident and to take the necessary steps to avoid the same; and n) acted with reckless disregard for the safety and rights of other drivers and their passengers, including Plaintiffs. COUNT I: NEGLIGENCE PLAINTIFF DIANA JONES V. DEFENDANT 6. The averments set forth in paragraphs I through 5 above are incorporated herein by reference. 7. The negligence, carelessness and/or recklessness of Defendant, Charles B. Hathaway, was a substantial factor in causing the injuries and damages sustained by Plaintiff, Diana Jones, which averments are incorporated herein by neference. 8. As a direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Charles B. Hathaway, the Plaintiff, Diana Jones, has suffered injuries which were and are severe, painful, serious and permanent. These injuries include but are not 4 limited to: a) a potentially tom medial meniscus oftht' right knee which required surgery; b) chondromalacia patellae/patello femoral syndrome c) probable right knee replacement; d) traumatic injury to right shoulder; e) cervical sprain and strain; and f) left chest contusion. 9. As a further direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Charles B. Hathaway, the Plaintiff, Diana Jones, has been obligated to receive and undergo medical attention and care and to incur expenses for the injuries she has suffered and may be obligated to continue to receive and undergo such medical attention and care and to incur such expenses for an indefinite time in the future. 10. As a further direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Charles B. Hathaway, the Plaintiff, Diana Jones, has suffered medically determinable physical impairments which have prevented her from performing all of the normal acts and duties which constitute her usual and customary daily activities and may in the future continue to so suffer. 5 II. As a further direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Charles B. Hathaway, the Plaintiff, Diana Jones, has experienced severe pain and suffering, mental anguish and humiliation, and in the future may continue to so experience. 12. As a further direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Charles B. Hathaway, the Plaintiff, Diana Jones, has suffered a loss of life's pleasures and in the future may continue to so suffer. 13. As a further direct and proximate result ofthe negligent, careless and/or reckless acts of the Defendant, Charles B. Hathaway, the Plaintiff, Diana Jones, has suffered a loss of income and/or impairment of her earning capacity and power and may continue to so suffer for an indefinite time in the future. 14. The acts ofthe Defendant, Charles B. Hathaway, were outrageous and committed with reckless disregard and therefore the imposition of punitive damages is warranted. WHEREFORE, Plaintiff, Diana Jones, based on the foregoing allegations, hereby demands judgment against Defendant, Charles B. Hathaway, and the award of compensatory and punitive damages in an amount in excess of the compulsory arbitration limits plus costs and interest as provided by law. 6 COUNT II: LOSS OF CONSORTIUM PLAINTIFF KENNETH JONES V. DEFENDANT 15. The averments set forth in paragraphs 1 through 13 above are incorporated herein by reference. 16. At all relevant times herein, the Plaintiffs, Kenneth Jones and Diana Jones, were lawfully and continuously married. 17. As a direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Charles B. Hathaway, the Plaintiff, Kenneth Jones, has suffered a loss of consortium, society and companionship of his wife, the Plaintiff, Diana Jones. WHEREFORE, Plaintiff, Kenneth Jones, based on the foregoing allegations, hereby demands judgment against Defendant, Charles B. Hathaway, and the award of compensatory damages in an amount in excess of the compulsory arbitration limits plus costs and interest as provided by law. COUNT III: NEGLIGENCE PLAINTIFF KENNETH JONES V. DEFENDANT 18. The averments set forth in paragraphs I through 5 above are incorporated herein by reference. 19. The negligence, carelessness and/or recklessness of Defendant, Charles B. 7 Hathaway, was a substantial factor in causing the injuries and damages sustained by Plaintiff, Kenneth Jones, which averments are incorporated herein by reference. 20. As a direct and proximate result of the neglig(:nt, careless and/or reckless acts of the Defendant, Charles B. Hathaway, the Plaintiff, Kelmeth Jones, has suffered injuries which were and are painful, serious and may be permanent. These injuries include but are not limited to: a) cervical sprain and strain; and b) chest waIl contusion. 21. As a further direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Charles B. Hathaway, the Plaintiff, Kenneth Jones, has been obligated to receive and undergo medical attention and care and to incur expenses for the injuries he has suffered and may be obligated to continue to receive and undergo such medical attention and care and to incur such expenses for an indefinite time in the future. 22. As a further direct and proximate result ofthe negligent, careless and/or reckless acts of the Defendant, Charles B. Hathaway, the Plaintiff, Kenneth Jones, has suffered medically determinable physical impairments which have prevented him from performing all of the normal acts and duties which constitute his usual and customary daily activities and may in the future continue to so suffer. 8 23. As a further direct and proximate result ofthe negligent, careless and/or reckless acts of the Defendant, Charles B. Hathaway, the Plaintiff, Kenneth Jones, has suffered a loss of earnings. 24. As a further direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Charles B. Hathaway, the Plaintiff, Kenneth Jones, has experienced pain and suffering, mental anguish and humiliation, and in the future may continue to so expenence. 25. As a further direct and proximate result of the m:gligent, careless and/or reckless acts ofthe Defendant, Charles B. Hathaway, the Plaintiff, K,enneth Jones, has suffered a loss of life's pleasures and in the future may continue to so suff\er. 26. The acts of the Defendant, Charles B. Hathaway, were outrageous and committed with reckless disregard and therefore the imposition of punitive damages is warranted. WHEREFORE, Plaintiff, Kenneth Jones, based on the: foregoing allegations, hereby demands judgment against Defendant, Charles B. Hathaway, and the award of compensatory and punitive damages in an amount in excess of the compulsory arbitration limits plus costs and interest as provided by law. COUNT IV: LOSS OF CONSORTIUM PLAINTIFF DIANA JONES V. DEFENDANT 9 27. The averments set forth in paragraphs I through 5 and 18 through 25 above are incorporated herein by reference. 28. At all relevant times herein, the Plaintiffs, Kelmeth Jones and Diana Jones, were lawfully and continuously married. 29. As a direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Charles B. Hathaway, the Plaintiff, Diana Jones, has suffered a loss of consortium, society and companionship of her husband, the Plaintiff, Kenneth Jones. WHEREFORE, Plaintiff, Diana Jones, based on the foregoing allegations, hereby demands judgment against Defendant, Charles B. Hathaway, and the award of compensatory damages in an amount in excess ofthe compulsory arbitration limits plus costs and interest as provided by law. RESPECTFULL)'SUBNUTTED: (-~.O C>(~~ j David J. Foster, Esquire I.D. No. 23151 COSTOPOULOS, FOSTER & FIELDS 831 Market Street/P.O. Box 222 Lemoyne, PA 17043 Phone: (717) 761-2121 ATIORNEY FOR PLAINTIFFS DATED: February II ,2005. 10 VERIFICATION I, Diana Jones, the Plaintiff, do hereby verifY that the statements made in the tore going document are true and correct to the best of my information and belief. I understand that false statements made herein are subject to the penalties at 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. BY: DATED: February /0 ,2005. II VERIFICATION I, Kenneth Jones, the Plaintiff, do hereby verifY that the statements made in the foregoing document are true and correct to the best of my information and belief. I understand that false statements made herein are subject to the penalties at 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. BY: ~-v;J~ /K.ENNET~-lES DATED: February ! 0 ,2005. 12 CERTIFICATE OF SERVICE I, Tiffany M. Miller, a secretary for the law offices ofCostopouIos, Foster & Fields, do hereby certify that on this I ( day of February, 2005, a true and correct copy of the foregoing PLAINTIFFS' COMPLAINT was served upon all counsel of record in the manner indicated below: Hand Delivery Federal Express, Overnight Delivery Certified Mail, Return Receipt Requested Fax Transmission x U.S. Mail at the following addressees) and/or number(s): George B. Faller, Esquir'e MARTSON, DEARDORliF WILLIAMS & OTTO, P.c. 10 East High Street Carlisle, P A 17013 Counsel for Defendant Hathaway By: COSTOPOULOS, FOSTER & FIELDS c ~~ Ll. ~ Tiffany M. Ml1!er --- -- C? <->-'1 ^":~ ( ",I ..) ( 1 C,~.J -- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JONES & JONES Vs. NO. 044646 HATHAWAY 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 GEORGE B FALLER, 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: 02/21/05 GEORGE B FALLER, ESQUIRE 10 E HIGH ST CARLISLE, PA 17013-3093 717-243-3341 ATTORNEY FOR DEFENDANT XNQUXRXES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3590 File #: M318495 By: Georgina Morrell IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JONES & JONES Vs. HATHAWAY No. 044646 TO: DAVID FOSTER, ESQ (PLAINTIFF) 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: 01/31/05 GEORGE B FALLER, ESQUIRE 10 E HIGH ST CARLISLE, PA 17013-3093 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, FA 19135 (215) 335-3590 By: Georgina Morrell Enc(s): Copy of subpoena(s) Counsel return card File #: M318495 aJIoMlNWEl\LTH OF PENNSYLVANIA o:xJm'Y OF QJMBERU\ND JONES & JONES Vs. File No. 044646 HATHAWAY SUBPOENA TO PR~ oo:::u1ENTS OR 11-11 NGS FOR Of SCXlVERY PURSUANT TO RULE 4009.22 USAA, 9800 FREDERICKSBURG RD, SAN ANTONIO TX 78288 TO: lI'T"T'N. QYT.1TTlI MONTES (Name of Person or Entity) ~ithin twenty (20) days after service of this subpoena, you are ordered by the court to produce the fo llowing docunent" or things: SEE ATTACHED AUDJ<.;NVUM at MEDICAL LEGAL REPRODUCTIONS'(AtMPess~940 DISSTON ST., PHILA., PA You may del iver or mai 1 legible copies of the docunents or produce things requestec1 C" th i s subpoena, together with the cert i f i cate of carp 1 i ance, to the party mak i 1'19 th i: request at the address listed above. You have the right to seek in advance the rea,onabl< cost of preoaring the copies or producing the things sought. ( If youi fai 1 to produce the docurents or things required by this subpoena within t'-'enty (20) days after its serv;ce, the party serving thi:-; ,>ubpoena may seek a court orde.' oampelling you to comply with it. TH I S SUBPOENA WAS I SSUED AT 11-IE RECiJEST OF 1l-lE Fct.LCW I NG PERSON: NN"'E: GROR!':RJL.E1;LLER, ESQ ADDRESS: 10 E HIGH ST CARLISLE, PA 17013-3093 /0 #_::n5-335-3212 TELEPKlNE: ,~ 'C SUPREJo€ o:u:lT ATTORNEY FOR: 4QP.1 "' DEFENDANT BY 1l-lE CXXJRT: (I'd"; R ~(~ ProthOnotary c' k, C) Q , elF' ~ !vtLPO,</ M318495-01 DATE: J t.L~_ . I 'f d Of) :;,' Seal 0 the Court Civil Division Deputy (Eff. 7/97) (~1 [) f) _l~,. it, , . , '~ Tn n n -~ '.' ;'1 f~ JONES & JONES Vs. ,':' .~~ 1;. t .'.~ 6 HATH.",-vlAY CUSTODIAN OF RECORDS FO;;:; 'JSAA ANY &"'D ALL REr;ORDS, ML<,,,'-i~" .,,~;jj:,;;, A:, ~,.:::,,;., 'Xil.:R'J::,.?ONDENCE, NOTES, RECEIPTS, BILLS, ETC." ;~TO .F...N~- OTEE::l =::'EC:.<..:<__.~_TICII\:" PERTA::NING TO: l\LlO,lv!E: DIl'..El'. J'!"-;,,, ADDRESS: 351 B>..~- .sF~=<'ING RD :::'-=:"-~:':2~(S P:\ DATE OF BIR~E: Ol/C8!'~ 8S;:',N: 214623>;3 ALL B'SURANCE9.,'i?CORDS. ',m:-"liDING BUT :;U.' ~II'I"ED ":'0 THE PIP FIl,E. ALL FEES MUST !:Jl!: AFf'kO'v:'c; PRIOR T(J K,:~CORDS BEING FORWARDED. R E'~ "" r; i) C' i ,.". j". :'), ", "._Vl\.... ....---1..;, 1 ~_;;.. l..i'":.~'J i=-:'::::",-_C.~~ }.i"iD RETURl'.1 RECOFJJS ATG'\' ATTACHED !~'ERETO; I h"'::2,:c' ce'.:tify as custodian of rec,?rds L~1:3.t, to t~:....:' best. C?f my ~<:'"'"lQv:=. .o:;c~g~-:.:: "~.!l~ormation and rellef 22._i' dOr::~.~~lC"'::.t::. ~"l:r. t'-:"',:-.gs a,-_:-"'-e ~~:.rl.C.'c/ri.~tl r.e_v2 bee:'1 -rroduced. .r !lO'DOCUMENTS fn~llLAd~:,~E: I here'.)y c8r:,i:,y ~:lat a tllorough search has been made and thee n;) rec:o:rd 0= ::,-", follawing documents have been located (CH~'C'Y -,'-1': :,PPJWPF:':I,C::: J,~:') RECOVD3 ~'.F-~T:~-':;J>!T :;, _ ::..I.. ,~:~'-:C, X-p_~,"S RECORDS / x~~~s have been destroyed .- ''':-.h:5.::~izbc{- 6-rS:l~-t :i:.:i;---:S::':L~ ],;..c,p. Date CUMBEPLAND M318495-01 ':t * ~'~ ~:,;(:!\, .''.<,;\ ~~< T j 'ro.r- 1 ~: .. ~ ,L ; ....." '. '...., ':. t~ ,1 j, J" ': ,I: '( :c '. ~,.I.. 'i ._ / ,~,. CXlMMJNWEI\LTH OF PENNSYLVANIA CDUm'Y OF aJMBERLAND JONES & JONES VS. File No. 044646 HATHAWAY SUBPOENA TO PR<:olX:E lXX:U'1ENTS OR nil NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 ORTHO INST OF PA, 875 POPLAR CHURCH RD, CAMP HILL PA 17011 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court tc produce the following doo..rnent;; sikinAs.rTACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS'(A~P~ss~940 DISSTON ST., PHILA., PA You may de 1 i ver or ma ill eg i b 1 e cop i es of the docunents or produce th i ngs requested C,.. this subpoena, together with the certificate of carpliance, to the party rm.king th" request at the address listed above. You have the right to seek in adva~ce the reasonab!, cost of preoaring the copies or producing the things sought. If you fail (20) days after ex:rrpe 11 i ng you to to produce the documents or things required by this subpoena within twent, its serv~ce. the party serv ing thh ~,ubpoena may seek a court orde,' carply with it. THIS SUBPOENA WAS ISSUED AT niE REQUEST OF THE FOLLOo'/ING PERSON: NAI'E: GEORGE B FALLER, ESQ AOORESS: 10 E IIIe" llT CARL~~L~. ~A ~7013-3093 TELEPH:>NE ;" .~ SUPREI-E CClJRT 10 #_~15-335-3212 ATTORNEY FOR: 49813 DEFENDANT DATE: J..l..Pwu"T 'I ~/ Seal of the'Court BY THE COJRT: Cm-W"A- R t;~ ~-.:' Prothonotar 1C1erk, /) - < ( fA< () l1uNo." Civi 1 Division M318495-02 Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA JONES & JONES Vs. No. 044646 HATHAWAY CUSTODIAN OF RECORDS FOR: ORTHO INST OF PA ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: DIANA JONES ADDRESS: 351 BIG SPRING RD ETTERS PA DATE OF BIRTH: 01/0S/51 SSAN: 214623383 ORIGINAL X-RAYS REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LffiU OF YOUR PERSONAL APPEARANCE. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN RECORDS ARE ATTACHED 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 Authorized signature for ORTHO INST OF PA M318495-02 ** * SIGN AND RETURN THIS PAGE * ** COMMJNWEALTH OF PENNSYLVANIA roJNI'Y OF aJMBERLI\ND JONES & JONES Vs. File No. 044646 HATHAWAY SUBPOENA TO PROOlCE D<X:U1ENTS OR 1H I NGS FOR DISOJVERY PURSUANT TO RULE 4009.22 APPALACHIAN ORTHO CTR, 1 DUNWOOD DR, CARLISLE PA 17013 TO: (Na-ne of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the fo llowing docunent" OSiftinA~T ACHED ADDENDUM at MEDICAL LEGAL REPRO~UCTIONS '(AfrcJPess~940 DISSTON ST., PHILA., pa------ Yoo may deliver or mail legible copies of the docunents or produce things requestec1 '" this subpoena, together with the certificate of compliance, to the party making thi, request at the address listed above. You have the right to seek in advance the reasonable cost of preoaring the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within t~enty (20) days after its serv~ce, the party serving .t.hi:; subpoena may seek a court orde.- campel11ng you to camply with it. 1H I S SUBPOENA WAS NAfoE: ADDRESS: I SSUED AT THE REaJEST OF iHE FOlLOO I NG PERSON: GEORGE B FALLER, ESQ -~ E lUG>! "T CAKL1~L~, ~A 17013-3093 TELF.PH::lNE : .~ SUPREI"E OOJRT I D # ATTORNEY FOR: 215-335-3212 49813 DEFENDANT DATE: J../LH;j If ~DV <;' Seal t~e Court BY iHE COJRT: nu7,; (? if.'1. ~o Prothonotar Icderk. Civil C)'l'~()'~, ~ Division M318495-03 Deputy (Eff. 1/97) ADDEND IjM TO SUBPOENA JONES & JONES Vs. _'.'C J~1,-164:6 HATR1>.,IAY CUSTODIAN OF P~COR~S -.... ~- r,.'~'( , :;~>Pi\ l,A:.:[Jl~}_>- C;RTH(~ CTR ANY AND ALL O.5'''':~IC2 EEc:'J<.:.J.=:. INC:-...;C=:I1':'~; n:Yr~_~s. COP5'.ESPONDENCE, MEMOR..::.l-TDA, X - F-:-~,Y R:2?O:~T.3. .-L: s,~.,o~\.~{ ~,~'.'!I'E.; ~.~::'~~:'S~': :::hR8S l\ND A.,,""\fY OTHER INFOPJ<',TION RE:,T.TI"i:' . .:: 1',", EXAH:c.."-~=(:\: OJ ':'R13ATMENT RENDERED TO: r~:c.~'.~:~ : AD~RES2: DATE OF BIR-:'=-i: SS/.J..\!: =:;:~t..;:].;,. JSl B:G S~?R:::nC ..'._ c/ef/s, 2 J4 6:2 3? .:'"3 s,-:_'r~'2' '~". CERTIFiED PHO'!C".:OPlf.S <.')U ''j:o ,V::U::::-",ED; CJUj:C:F YOUR PERSOl'lAL APPEARA...'icr. nE~ OF [ r '-....(;... . 10.1 r, \.. ~} <....,i_,) 1 ..I;):J'\~\ f-(.....'..-1..~Lf...-;:; :\]\11'\ PETURN _ ,~, 1.~ . ~ t- ...""It, ~ ,,'(. RECORDS _-L:~E .4TJ';~'~1':i".1~.~: ~[.L~S'J?BTD: -= !1'2..:..~~h,/ :-:'2rtirv as custodian of records,:~..ut, ':.0 -C~~.C:Jl;~2;':' of ~~,-J >:::C':".-I_:' ;~:-10:-"1 'l.~:-tformation and b:,;lief _~. =~c:..:-n(:_~:3 c,";- t1-.i;-_g:- ~':c--\= F'..:r:.~-:.~xr'2t~ .~a,.r8 b~en produced. ~ [ NO'DOCUllfEt/TSAl<:-UL^JJ::.L~ h~r,,'T.' cu:',C\' t'.,e(t a thorough search has been :-:;ade anc. t~-~3.."S no :ce:'8:':ci C~ -:n2;'" io~~lowiIlg documents have been located (CH~;C:( ~-:-rt~ J:..l'PRC??=Ar;:::: '3C)::) REC.: ',:D3 PAt~~~-E~'~'i :;, .-::-.IL~:~'-:!~! X...P.A\fS ?EC(lKDS / ~\-R1"\Y~; ~'lave been destroyed .-- - ~--- .- - - ._--_..~- .----- ,,_, ~~O~':::'_Z.':;::"'L .j':~l~h~,:\~,_'''::2 I. v"':: .A.~=::tJj~C-JA.,=EL:.1J OET--1:,) C'l'E Date CUMBESLl'':''K!D M31849S...03 i; ;...: (' t", P,,! .l'.',...l ~'.' L. 1 .~..' .. , _. . -_. 1(;" . " 'r .r: " '~l; "; '... _1.... : ; ": i ~i '.) t... :.~I: t ~ ~ _..' "- .."c '.'< ~.{' COMMJNWEALTH OF PENNSYLVANIA CXJUNl'Y OF aJMBERIANO JONES & JONES Vs. File No. 044646 HATHAWAY SUBPOENA TO PRa::u:::e: DCO..t1ENTS OR TH I NC3S FOR 0 I SCOVERY PURSUANT TO RULE 4009.22 HEALTH SOUTH REHAB, 503 BRIDGE ST, NEW CUMBERLAND PA 17070 TO: (N<rne of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doct.rnent~ or things; AD mill t SEE AT 1 Acflliv DEl'! v at - MEDICAL LEGAL REPRODUCTIONS'(A~e!ss~940 DISSTON ST., PHILA., PA You may del iver or mai 1 legible copies of the docunents or produce things requesteci '" this subpoena, together with the certificate of carpliance, to the party making thi, rec~est at the address listed above. You have the right to seek in advance the rea,onablE CDS: of preoaring the copies or producing the things sought. If you fail (20 \ days after =ellmg you to to produce the documents or things required by this subpoena within twenty its serv;ce, the party serving thi~ ,;ubpoena may seek a court orde.- cmply with it. TH I S SUSPOENA WAS I SSUED AT THE REQUEST OF /HE FOLLON I NG PERSON: N~; GEORGE B FALLER, ESQ ADDRESS;___--TQ E HIGH ST CARLISLE, PA 17013-3093 TELF.PJ-ONE;: ." SLF REI-'E a:ulT I D # A TT~NEY FOR; 215-335-3212 49813 DEFENDANT DATE: J4.. "'l Y.;; vvS Seal of he Court BY /HE <XlURT: ~. I2A ..~ prothonotar;!dlUk, Civi 1 91'- {2 .fhJL Division M318495-04 Deputy (Eff. 1/97) . . . ~ 'D D ," i,rl" ""y",i 11 . -.:.......1 j \,., ~ .1 -'-,..., n i. u s _"'~ oil 0 F ]''1'' j~ ...., " ...-" "'''- JONES & JONES Vs. !i::.. 044646 HATHAWAY CUSTODIAN OF RECORDS Y:J:i, ,,~-IfAITl-i80lTH Jln:UJ~ ANY AND ALL OFPICE RE::CR:)S, IIJCJ...lUDltIG lJUT.::cS <X)R?ESPQNDENCE, MEMORANDA, X-Rh.Y REPORTS! ="LCS'.I'OR-_~:- NG':'E3, .::L'L;EZ C~;::'..RD3 Al~D A...1\l"Y OTHER INFORMATION EEL~~TING ':'(; ~\]\(;'." EZ.,~~.}-LfNP.':'I:='~T OR ':'!~2ATll.n~N'":::' l:<.ENDERED TO: N.f.u-'!B: DTF2'-'?_ ,"C:";'~~,'S ADDRESS: 3::1 EI"J ~)~;.i(:~NG:";'...D -:';T"~'E',-~-<;-; p;.. DATE OF EIRTE: 01/C8/5:. SS~';.N: 2:i4E233rL: CERTlF:iED PROTe'coPUs ',\:1.1 BE ACCEFJ:ED TN LIEU OF YOUR PERSO\'AL APPEARANCE. RErO' ~'D' ("';l"(j'i",","l \..... i\. _1.....J ~ \ J.,..J"...t"'..1\. ,-e,'v;::r F',.. i.~' 1,'1 )[TURN '__"~ 1 a~ ;;..",., -. '-~ -" ..,!'1J... r..... ] RECORDS' ';'1< A TTA.~."{l:.~, '<:""RETO' T h>'r,~1-"r r:e"'-; ~ J as custodian of .'_"~--=~ ~~. ~ ~'~~~~L" <" :~.+. .F. '1~'-T . .~~..~-.-:..' '~''';''~I ~ l. -~.. I ~ . rec,?rds .'::.;.....tt l_'-' l.J.A. '-...~~'- '?.... I."":: ~~.'-'-U/l _'~?,-'( _.L.It~OrmatJ.on and b~ 11.ef c -'... ::0C;\;._..r'!(...~~': s (,y t.hJTlgf: ~..::c.,"'e ne'::x::. Jf'E'o. :-:ave ;..,':en produced. " NO DOCUMEJ',fTS AV\l[AlEf:: I ;1iye':)'y cir::' f:' that a thorough search has been ma.de aEd t:1?-..t ~1C re::oI'c. \-;:: Lile -:c.'110l{o,~il1cr documents have been loca-ted (St{~;C{. r:"-l~ 2\.:0P:r:.c~~::'=AT~~'JrJ~.') -' RECO'.Zi'JS ~:F_T~~R.\r_~' _~-<l_'!.lL..:'JU x - RA'.[S RECORDS / XRil.YS "i3.Ve been destroyed Date .- - _. -- . . .- - . ..- _... ~-. ~.~oL~zed i3J_~n~C~~~ tur HEALTHSOUTH REK~ CUMBEY.I,AND M318495-04 '.\ ~'i .; ('''I -<'~. -' J .'-lc ~ ~.' ~'; " j:T' '1:,:., t ...., ... '_~. : '" "( i '<. I ~. L..;- //" :1: .~ ;.- ~ ~ ~ ~ ........... 1".: ~ ........... ~ -\: '}J F IFlLESIDA T AfJ LEI T f3veJers3090ICurrent\823\823 ans 1 \1WllTI Cr~ated: 9/20104 0',06PM Revised 5/18105 ]]09AM 3090.823 , George B. FaJler, Jr., Esqui e MARTS ON DEARDORFF WILLIAMS & OTTO LD. No. 49813 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendant DIANA JONES AND KENNETH JONES, her husband, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-4646 CIVIL ACTION - LAW CHARLES B. HATHA W A', Defendant. JURY TRIAL DEMANDED DEFENDA 1fT'S ANSWER TO PLAINTIFFS' COMPLAINT AND NOW, comes Defendant, Charles B. Hathaway, by and through his attorneys, MARTS ON DEARDORFF rvILLIAMS & OTTO, hereby answers Plaintiffs' Complaint as foJlows: I. After reasona Ie investigation, the answering Defendant is without knowledge or information sufficient to fon.1 a belief as to the truth or falsity of the averments contained in this paragraph. 2.-3. Admitted. 4. Before it is ac mitted that Defendant Charles Hathaway's vehicle struck the vehicle operated by Kenneth Jones IT m the rear while Kenneth Jones' vehicle was stopped at a red light at the intersection of U.S. Route 11 and Central Boulevard. The remaining averments ofthis paragraph are denied. 5. Denied pursu lt to Pa. R.C.P. 1029(e). COUNT I: NEGLIGENCE PLA NTIFF DIANA JONES V. DEFENDANT 6. The averment set forth in paragraphs 1 through 5 of this Answer are hereby incorporated by reference. 7.-14. Denied pursua.t to Pa. R.C.P. 1029(e). WHEREFORE, Defe dant, Charles B. Hathaway, demands judgment in his favor and dismissal of the Plaintiffs Complaint with prejudice. , COUNT II: LOSS OF CONSORTIUM PLAI TIFF KENNETH JONES V. DEFENDANT 15. The averme ts set forth in paragraphs 1 through 14 of this Answer are hereby incorporated by reference. 16.-17. Denied pur ant to Pa. R.C.P. 1029(e). WHEREFORE, De endant, Charles B. Hathaway, demands judgment in his favor and dismissal of the Plaintiffs ompIaint with prejudice. COUNT III: NEGLIGENCE PLAI TIFF KENNETH JONES V. DEFENDANT 18. The averme ts set forth in paragraphs 1 through 17 of this Answer are hereby incorporated by reference. 19.-26. Denied purs ant to Pa. R.C.P. 1029(e). WHEREFORE, Def; ndant, Charles B. Hathaway, demands judgment in his favor and dismissal of the Plaintiffs C mpIaint with prejudice. OUNT IV: LOSS OF CONSORTIUM PLA NTlFF DIANA JONES V. DEFENDANT 27. The avermen s set forth in paragraphs 1 through 26 of this Answer are hereby incorporated by reference. 28.-29. Denied purs t to Pa. R.C.P. 1029(e). WHEREFORE, Def; dant, Charles B. Hathaway, demands judgment in his favor and dismissal of the Plaintiffs C mpIaint with prejudice. Respectfully submitted, Date: May 19, 2005 MARTSOtiDEARDO By /- {l( o e B. FaIler, Jr., Esquire LD. No. 49813 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendant VERIFICA nON The foregoing Answer is based upon information which has been gathered by my counsel in the preparation ofthe lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. ~~~ Charles B. Hathaway c CERTIFICATE OF SERVICE I, Melissa A. Mowery, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Defendant's Answer to Plaintiff s Complaint was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: David J. Foster, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street P.O. Box 222 Lemoyne, P A 17043 MARTSON DEARDORFF WILLIAMS & OTTO BJ \\ c (\'J)('~ Q l II Melissa A. Mowery Ten East High Street Carlisle, PA 17013 (717) 243-3341 n \'( 1\ ( Dated: May 19, 2005 '.,," \<, ; .' ~ 11 "-1 f".'\ C) .Y -~ Costopoulos, Foster & Fields By: David J. Foster, Esquire 831 Market Street, P.O. Box 222 Lemoyne, PA 17043-0222 Phone: (717) 761-2121 Attorney for Plaintiffs DIANA JONES AND KENNETH JONES, HER HUSBAND, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 04-4646 Civil vs. : CIVIL ACTION - LAW CHARLES B. HATHAWAY, Defendant : JURY TRIAL DEMANDED PRAECIPE TO SETTLE. DISCONTINUE & END TO THE PROTHONOTARY: Please mark the above-captioned matter settled and discontinued. Thank you. Respectfully submitted: ~J~ Attorney 1.0. No.: 23151 COSTOPOULOS, FOSTER & FIELDS 831 Market StreeUP.O. Box 222 Lemoyne, PA 17043-0222 Phone: (717) 761-2121 -Counsel for Plaintiffs Date: August ;L I ,2006 " -. CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of Marts on Deardorff Williams & Otto, hereby certifY that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: David J. Foster, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street P.O, Box 222 Lemoyne, P A 17043-0222 M::r;EARDORFF WILLIAMS & OTTO By \ if 0 Lh \'V\,lyM Nichole L. Myers Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: August 21, 2006 g S ""0 (.tJ rnn Z'~- -7~ (:r) J; r::C ~- -';''',.'-- Z',~ 't-'c: 7- 3. r . ~ ~ G.") N - Q. ~~ -om :p)9 f~(") -:t,::B . )?f,'. :z' (5 .'-\ ~ ~ C2 v:> o