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IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
CIVIL DIVISION
DENNIS A. TOOMEY,
Plaintiff,
VS.
RUTH M. SMALL,
Defendant.
No. 2011-SU-3978-69 0
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CIVIL ACTION - Law ?m
JURY TRIAL DEMANDED
ORDER ADOPTIN fz STIPULATION/ORDER DIRECTING
REMOVAL OF RECORD FOR TTRRANSFER OF CASE TO OTHER VENUE
AND NOW, TO WIT, this ? ! day of , 2012, upon --aLLnL?? consideration of the attached "Stipulation and Agreement of Parties for Removal of Civil
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Action and Record from York County for Transfer of Case and Venue to Cumberland
County", it is hereby ORDERED AND DIRECTED that said Stipulation is adopted by the
Court; and further ORDERED AND DIRECTED that the Prothonotary of York County shall
forthwith take all steps necessary in order to effectuate the removal of the record and transfer of
the instant case to the venue of the Court of Common Pleas of Cumberland County.
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BY THE COURT:
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Stephen P. L'ineaau?h, PJ
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IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
CIVIL DIVISION
DENNIS A. TOOMEY,
Plaintiff,
VS.
RUTH M. SMALL,
Defendant.
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:• No. 2011 -SU-3978-69
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CIVIL ACTION - Law
JURY TRIAL DEMANDED
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STIPULATION AND AGREEMENT OF E&RTIES FOR REMOVAL OF
CIVIL ACTION AND RECORD FROM?WK CQUNTY•
PENNSYLVANIA FOR TRANSFER OF VENUE OF ACTION TO _
CUMBERLAND COUNTY. PENNSYLVANIA
AND NOW, TO WIT, this?t day of February, 2012, comes the above-captioned
Plaintiff, Dennis A. Toomey, by and through his legal counsel, Farley G Holt, Esquire and the
law firm of HOLT AND OGDEN, LLP; and Ruth M. Small, by and through her legal counsel,
Michael Scheib, Esquire and the law firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS
& CALKINS, who enter into the within "Stipulation and Agreement for Removal of Civil Action
and Record from York County, Pennsylvania for Transfer of Venue of Action to Cumberland
County, Pennsylvania", to which the following is a statement:
WHEREAS, the above-referenced parties, Plaintiff Dennis A. Toomey and Defendant,
Ruth M. Small, both acknowledge Plaintiffs filing of a Writ of Summons in Civil Action on
October 13, 2011 with the York County Prothonotary;
Y
WHEREAS, the above-referenced parties further acknowledge that the foregoing Writ of
Summons was duly served thereafter upon the Defendant, Ruth M. Small at her residence located
in Chambersburg, Pennsylvania, by the Franklin County Sheriffs Office who had been deputized
by the York County Sheriffs Department by Plaintiff in order to effectuate service of original
process;
WHEREAS, the above-captioned parties acknowledge that the instant civil action, as
instituted by Plaintiff, arises out of an automobile accident involving Plaintiff and
Defendant, having occurred in Camp Hill, Cumberland County, Pennsylvania, on or about
October 14, 2009;
WHEREAS, the parties further acknowledge that Defendant, Ruth M. Small, by and
through her legal counsel, Michael Scheib, Esquire, had brought to Plaintiffs attention, via
Plaintiff s legal counsel, Farley G Holt, Esquire, that an error had occurred in respect to the
instant lawsuit by way of the instant action having been filed in an improper venue whereby the
instant action should have been filed in the venue of proper jurisdiction, namely that of the
County of Franklin where Defendant resides, or in the County of Cumberland where the subject
automobile accidenttcollision had occurred and where the cause of action arose;
WHEREAS, the above-captioned Plaintiff, Dennis A. Toomey, by and through his legal
counsel, Farley G Holt, Esquire, and Plaintiff, Ruth M. Small, by and through her legal counsel,
Michael B. Scheib, Esquire, all being desirous of an amicable resolution of the issue of improper
venue. in this matter, do hereby stipulate and agree to the instant action and record being removed
from the County of York, Pennsylvania in order for the matter to be thereafter transferred to its
proper venue of jurisdiction, namely to that of the County of Cumberland, Pennsylvania, for
all future litigation of all claims relative to the instant matter;
WHEREAS, it is further stipulated and agreed by and between the parties that all costs
associated with the transfer of this matter to the County of Cumberland, Pennsylvania, shall be
born solely by Plaintiff, Dennis A. Tooomey;
NOW THEREFORE, the above-captioned parties and their legal counsel, intending to be
legally bound, do hereby stipulate pursuant to Pennsylvania Rule of Civil Procedure 1006 and its
applicable. subsections, to transfer venue of the instant matter to the jurisdiction of Cumberland
County, Pennsylvania as follows:
1. Plaintiff, Dennis A. Toomey, by and through his legal counsel, Farley G Holt,
Esquire, shall forthwith and by no later than twenty (20) days from the date of the execution of
the instant Stipulation, take all necessary steps to properly transfer venue of this matter form the
County of York, Pennsylvania to that of the County of Cumberland, Pennsylvania, including but
not limited to obtaining a certified copy of all docket entries in the instant matter from the
Prothonotary of York County, Pennsylvania, and to thereafter cause a removal of the record from
the County of York for transfer to the County of Cumberland.
2. Plaintiff, Dennis A. Toomey, in signing the instant Stipulation, agrees that he shall
be solely responsible for payment of all costs and fees associated with the removal of the record
in this matter from York County, Pennsylvania and the transfer of the venue and record in this
matter to the County of Cumberland, Pennsylvania, which costs associated with said transfer of
venue, Plaintiff agrees, shall not be attributable in any way relative to the instant action, to
Defendant, Ruth M. Small.
• r
3. Plaintiff, Dennis A. Toomey, by and through his legal counsel, Farley G Holt,
Esquire, does hereby agree to provide verification to the Defendant, Ruth M. Small, that the ;.,
transfer of the instant matter to that of the venue of Cumberland County, Pennsylvania has been
effectuated.
4. The above-captioned parties and their legal counsel agree that litigation shall
thereafter immediately commence upon the complete and proper effectuation of the transfer of
the instant matter and case to the venue of Cumberland County, Pennsylvania, which Plaintiff
Toomey acknowledges shall be by way of the filing of Plaintiffs Complaint, which shall be filed
by no later than ten (10) days from the date of official transfer of the matter to the County of
Cumberland, Pennsylvania.
5. The above-captioned parties and their respective legal counselors, in signing their
names below, stipulate and agree that, although Plaintiff shall be solely liable for all costs
associated with the transfer of venue in this matter, no liability shall be assessed to either party in
relation to the issue of improper venue given the resolution of said issue via the parties instant
Stipulation and Agreement and the terms and conditions contained herein.
NOW THEREFORE, the above-captioned parties, Plaintiff, Dennis A. Toomey and
Defendant, Ruth M. Small, and their respective legal counselors, Farley G Holt, Esquire and
Michael B. Scheib, Esquire, intending to be legally bound, do hereby set their hands and seals
the first date and year above written.
DATE: ?y?)?
T?"'
Fariey.?G 1 It, Esquire
Legal Counsel for Plaintiff oomey
DATE: 9 0,
M' ael B. eib, Esquire
Legal Counsel for Defendant Small
ark ORK COUNTY PROTHONOTARY 0 Page 1 of 1
31612012
2011-SU-003978-69
TOOMEY DENNIS A vs. SMALL RUTH M
Action
03/01/2012 ORDER TRANSFERRING CASE TO ANOTHER 03003 5
JURISDICTION CUMBERLAND COUNTY BY THE CT
STEPHEN P
LINEBAUGH PRESIDENT JUDGE
03/01/2012 NOTICE GIVEN RE: PA R. C. P. 236 FAXED TO ATTY 04089
HOLT/ATTY SCHEIB ON 3-1-12 @1:20PM
02/09/2012 CERTIFICATE PREREQUISITE TO SVC OF A 05262
SUBPOENA
11/07/2011 ENTRY OF APPEARANCE OF MICHAEL B SCHEIB 04038
ESQ ON BEHALF OF DEFT W/CERT OF SVC
11/07/2011 RULE TO FILE A COMPLAINT ISSUED AT THE 04065
REQUEST OF DEFTS W/CERT OF SVC
11/07/2011 CERTIFICATE OF SERVICE OF INTERROGS OF DEFT 04025
11/07/2011 CERTIFICATE OF SERVICE OF INTERROGS/REQUEST
FOR PRODUC OF DOCS
10/28/2011 SHERIFF RETURN OF SERVICE WRIT OF SUMMON 04087
SERVED UPON RUTH M SMALL ON 10/19/11
BY DEPUTIZED SHERIFF OF FRANKLIN COUNTY
YORK COUNTY SHERIFFS COSTS 33.08
FRANKLIN COUNTY SHERIFFS COSTS 43.20
10/13/2011 PRAECIPE FOR WRIT OF SUMMONS IN CIVIL 04075
ACTION=
10/13/2011 WRIT ISSUED AND RETURNED TO ATTY FOR 04769
SERVICE
Party Name
D- SMALL RUTH M
P- TOOMEY DENNIS A
CERT,F`ED from the records of the Court of
Common Pleas of York County, Pennsylvania
this 10 d of A.D. 20
. ,?
Pamela S. Lee, Prothonotary
Atty Name
SCHEIB, MICHAEL B
HOLT, FARLEY G
Total Number of Pages :
1
25
3
2
2
1
3
2
1
45
?MMONWEALTH QF PENJVSYLVANIA*
COUNTY OF YORK
Dennis A. Toomey
Court of Common
Pleas
vs.
Ruth M. Small
Case Number:
2011-SU-003978-69
CERTIFICATE PREREQUISITE TO THE SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22,
Litigation Solutions, LLC ('LSLLC') on behalf of Michael Scheib, Esquire of Griffith, Strickler,
Lerman, Solymos & Calkins certifies 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 days prior to the date on which the subpoena is
sought to be served;
(2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate;
(3) No objection to the subpoena has been received, and;
(4) The subpoena which will be served is identical to the subpoena which is attached to the notice
of intent to serve the subpoena.
Date: 2/8/2012 Litigation Solutions, LLC on behalf of
Michael Scheib, Esquire of Griffith, Strickler, Lerman,
Solymos & Calkins
Attorney for the Defendant
CC:
..a
Michael Scheib, Esquire
Griffith, Strickler, Lerman,
Solymos & Calkins
110 South Northern Way
York PA 17402
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P10SYLVANIA COURT OF COMMON PL?
COUNTY OF YORK
Dennis A. Toomey Court of Common Pleas
VS.
Ruth M. Small 2011-SU-003978-69
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.21
Provider:
Record Type:
York Waste Disposal c/o CT Corporation Employment
Donegal Mutual Insurance First-Party Benefits
Wheatlyn Family Practice All available
Orthopedic & Spine Specialists Medical
Memorial Hospital - Belmont Street Medical
Miller Di Pietro Associates All available
Memorial Hospital - Belmont Street Financial / Billing
Memorial Hospital - Belmont Street Radiology
Orthopedic & Spine Specialists Financial / Billing
Orthopedic & Spine Specialists Radiology
Wheatlyn Family Practice Financial / Billing
,
e?
-TI aM
I"?"7 Q
TO: Farley G. Holt, Esquire
note: please see enclosed list of all other interested counsel
Litigation Solutions, LLC ('LSLLC') on behalf of Michael Scheib, Esquire intends to serve a subpoena identical to the one that is
attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the
subpoena may be served.
Date of Issue: 1/19/2012
CC: Michael Scheib, Esquire of Griffith, Strickler, Lerman, Solymos & Calkins - Court of
Common Pleas
If you have any questions regarding this matter, please contact:
Litigation Solutions, LLC (412.263.5656)
Brentwood Towne Centre
101 Towne Square Way, Suite 251
Pittsburgh, PA 15227
Litigation Solutions, LLC on
behalf of:
Michael Scheib, Esquire
Defense
COUNSEL LONG FOR DENNIS A. TOOMEY VS. R. SMALL
County of York Court of Common Pleas
Counsel Firm Counsel Type
Holt, Esquire, Farley G. 34 North Queen Street York PA 17403 P: 717-846-0550 F: 717-843-1993 Opposing Counsel
?It C?I .1WE TH OF PENNSYLVANIA
-.O_ NTY OF YQ_RK
Dennis A. Toomey
vs.
Ruth M. Small
File Na 2011-SU-003978-69
SUBPOENA TO t'RODUCE DOCUMENTS OR THINC-15
FOR D-ISCQVERY PURSUANT TO RULE 400 22 w
TO: Donegal Mutual Insurance
(Name Of Person or Entity)
Within twenty (20) clays after service of this subpoena, you are ordered by the court to produce the following documents or things:
PT,FASF. SF.F ATTA D RIDER
at101 Towne Square Way, Suite 251 Pittsburgh, P_A_ 15227
(Address) - -
You may deliver or mail-legible copies of the documents or produce things requested by this subpoena, together with the
certificate of complience, 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 OFTHE FOLLOWING PERSON:
NAME:M-ir-.hap1 2rhPih FGCnnjrP
ADDRESS: 1 1 Q aSo h Nor er Wad _
.York PA 17402
TELEPHONE:. 717-757-7602
SUPREME COURT ID t#: 6 R R 6 R
ATTORNEY FOR: nP f e n s e.
DATE
Seal of the Court
BY THE COURT:
Prothonotary/Cleric, Civil Division
(4/97)
Rider to Subpoena
Explanation of Required Documents and Things
TO: CUSTODIAN OF RECORDS FOR:
Donegal Mutual Insurance
1195 River Road P.O. Box 302
Marietta PA 17547
Attention: Claims Department
Subject: Toomey, Dennis
SS#: 2799
Date of Birth: 07/14/1959
Requested Items:
Please remit a complete copy of the entire First Party Benefit File (DATE LIMITS;CLAIM NUMBER;POLICY NUMBER), including but not
limited to applications for benefits, declaration page, wage loss documents, medical records and bills.
?QNWEALTH'OF PENNSYLVAN1A
M NTY OF PORK ^ -
Dennis A. Toomey
VS.
Ruth M. Small
File NV 2011-SU-003978-69
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO:Memorial Hospital - Belmont Street - Medical Records
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things:
at-101 TnwnP Sq are Ways Suite 251 Pittsburgh, PA 15227
(Andress)
You may deliver or mail.legible copies of the documents or produce things requested by this subpoena, together with the
certificate of cornplience, 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 OFTHE FOLLOWING PERSON:
NAME:?e=ehae? Sc14gib, UjrA
ADDRESS:-1-1.C) South Northern W;:;?z.
TELEPHONE: _717-757-7 02
SUPREME COURT ID #: 62865
ATTORNEY FOR:or
DATE
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
(4/977
• ' 11 0
Rider to Subpoena
Explanation of Required Documents and Things
TO: CUSTODIAN OF RECORDS FOR:
Memorial Hospital - Belmont Street
325 South Belmont Street
York PA 17405
Attention: Medical Records Correspondence
Subject: Toomey, Dennis
SS#: 2799
Date of Birth: 07/14/1959
Requested Items:
Please remit: a complete copy of any and all medical records 10/14/2004 to Present, including records, charts, test results, reports,
correspondence, office notes, patient intake forms, and computerized records.
A-MONWEALTH 0' F PEN';NSYLVkNlA"
0--U TY G 'Y RK _
Dennis A. Toomey
VS.
Ruth M. Small
? r,eNa 2011-SU-003978-69
SUBPOENA TO PRODUCE DOCUMENTS C?R THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO;Memorial Hospital - Belmont Street - Billing
(Naive of Person or Entity)
Within twenty (20f days after service of his subpoena:, you are ordered by the court to produce the following documents or things;
PTFACF 4FF ATTACHED RIDER
at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227
(Address)
You may deliver or mail. legible copies of the documents or produce things requested by this subpoena, together with the
certificate of compiience, to the party making this request at the address listed above. You have the right to seep, 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 OFTHE FOLLOWING PERSON:
NAME: Mj C:haP] Scheib., Esqu; re
ADDRESS: 11D qnuth Northern Way
TELEPHONE :__7J 7-757-7602
SUPREME COURT ID #: _ eSag
ATTORNEY FOR: nr-fPP
DATE
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
(4/9 7)
Rider to Subpoena
Explanation of Required Documents and Things
TO: CUSTODIAN OF RECORDS FOR:
Memorial Hospital - Belmont Street
325 South Belmont Street
York PA 17405
Attention: Billing Department
Subject: Toomey, Dennis
SS#: 2799
Date of Birth: 07/14/1959
Requested Items:
Complete copy of any and all itemized bills (include ICD9 & CPT codes) 10/14/2004 to Present denials for inpatient and outpatient
accounts, amount charged, amount paid by insurance or Medicare, amount written off, and any amount owed.
?1vtEN/7H 4F FE SY V A
L ?Nih
QQJUJNTY OF YORK
Dennis A. Toomey
VS.
Ruth M. Small
:;te No 2011-SU-003978-69
SUBEO-ENA TO PRODUCE DOCUMENTS OR THINGS
FOR I-ESCC!VERY PURE ,ANT TO RULE 40 9.22
TO:Memorial Hospital - Belmont Street - Radiology
(Name o: Person or Entity)
Within twenty (20) days after service of .his subpoena, you are ordered by the court to produce the following documents or things;
-RT.FAGF 4FF ATTAC'HFT? RTDFR
2t10 Towne auare Way Suite 251 Pittsburq_h, PA 15227
(Address) -
You may deliver or mail-legible copies of the documents or produce, things requested by this subpoena, together with the
certificate of cornplience, to the party making this req,,jest 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 OETHE FOLLOWING PERSON:
NAME., 4irhael gCheib Fern=i i r- _
ADDRESS: 1 l n Sn„tj?N c) rthPrn WA )z
-
TELEPHONE : 117-757 - 7602
SUPREME COURT I(} #: _..G 3.2 6 9
ATTORNEY FOR: fen e
DATE
Seat of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
(4197)
•
Rider to Subpoena
•
Explanation of Required Documents and Things
TO: CUSTODIAN OF RECORDS FOR:
Memorial Hospital - Belmont Street
325 South Belmont Street
York PA 17405
Attention: Radiology Films Library
Subject: Toomey, Dennis
SS#: 2799
Date of Birth: 07/14/1959
Requested Items:
Please remit: Complete copy of any and all diagnostic films, film lists and film reports 10/14/2004 to Present, including X-Rays, MRI, and
CT scans.
9 . . 0
MONWEALTH'OF PENNSYLVANIA
C-O NTY 0 XQRK, ---
Dennis A. Toomey
VS.
Ruth M. Small
2011-SU-003978-69
SUBPOENA TO PRODUCE DOCUMENTS ORt THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO:Miller Di Pietro Associates
(Narne of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things;
at101 Towne Square Way, Suite 251 Pittsburgh, PA 15227
(Address)
You may deliver or mail.legible copies of the documents or produce things requested by this subpoena, together with the
certificate of complience, 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 OFTHE FOLLOWING PERSON:
NAME:Michael Sc-hpih, F-rnii rP _
ADDRESS: 110 Sots Northern Way _
work PA, 17402
TELEPHONE : 7.17-7 57-7 602
SUPREME COURT ID #: _i -? R F R
ATTORNEYFOR: nPfpnGP.
DATE:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
(4/97)
Rider to Subpoena
Explanation of Required Documents and Things
TO: CUSTODIAN OF RECORDS FOR:
Miller DiPietro Associates
325 S. Belmont Street
York PA 17403
Attention: Records Department
Subject: Toomey, Dennis
SS# : 2799
Date of Birth: 07/14/1959
Requested Items:
Please remit: a complete copy of any and all documents in your possession from 10/14/2004 to Present regarding the above-named
patient, including but not limited to:
• Medical records (charts, test results, reports, correspondence, office notes)
• Films (X-rays, MRIs, CTs), Film lists
• Billing records.
MONWEALTH OF PENNSYLVAN[A
-QQ-U TY OI Y RK -
Dennis A. Toomey
vs. rile No 2011-SU-003978-69
Ruth M. Small -- _T
SUBPOENA TO PRODUCE DOCUMENTS OR THING
FOR DISCOVERY PURSUANT TO RULE 40022
TO:Orthopedic & Spine Specialists - Medical Records
(game of 'Person or Entity)
Within tvventy (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things:
at101 Towne Square Way, Suite 251 Pittsburgh, PA 15227
(Address)
You may deliver or tnail.legible copies of the documents or produce. things requested by this subpoena, together with the
certificate of complience, 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 OFTHE FOLLOWING PERSON:
NAM?t 'Migha,gj Sche;bI E?3 gt1ire
ADDRESS: 110 Sc1tLth NnrthPrn Way
TELEPHONE :__ 11 7-7 57-7 fiQ2
SUPREME COURT 11) i#: 63262
ATTORNEY FOR: _ Doonse
DATE
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
0/97)
Rider to Subpoena
Explanation of Required Documents and Things
TO: CUSTODIAN OF RECORDS FOR:
Orthopedic & Spine Specialists
1855 Powder Mill Road
York PA 17402
Attention: Medical Records Correspondence
Subject: Toomey, Dennis
SS#: 2799
Date of Birth: 07/14/1959
Requested Items:
Please remit: a complete copy of any and all medical records 10/14/2004 to Present , including records, charts, test results, reports,
correspondence, office notes, patient intake forms, and computerized records.
Oi°?Vt/EATH OF PEN`?SYLVAN{A
-Q0 NTY Q YORK
Dennis A. Toomey
vs. ;File No. 2011-SU-003978-69
Ruth M. Small __-
SUBPOENA TO PRODUCE DOCUMENTS OR. THING-S
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Orthopedic & Spine Specialists - Billing
(Narne o` Person or Entity)
Within twenty (20) days after service of :his subpoena, you are ordered by the court to produce the following documents or things:
PLEASE SEE ATTACHED RLDER
at 101 Towne Sauare Way, Suite 251 Pittsbu-rgh, PA 15227
(Address)
You may deliver or mail. legible copies of the documents or produce, things requested by this subpoena, together with the
certificate of complience, 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 compefiing you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OFTHE FOLLOWING PERSON:
NAME: p4i cbael Scheib., Fsctiii rP
ADDRESS: 0 Smut- Northern Way v
TELEPHONE :__ 717-757-7602
SUPREME COURT ID #: _-6 2 8 h 8
ATTORNEY FOR: _ ne fen se
DATE
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
(4197)
Rider to Subpoena
Explanation of Required Documents and Things
TO: CUSTODIAN OF RECORDS FOR:
Orthopedic & Spine Specialists
1855 Powder Mill Road
York PA 17402
Attention: Billing Department
Subject: Toomey, Dennis
SS# : 2799
Date of Birth: 07/14/1959
Requested Items:
Complete copy of any and all itemized bills (include ICD9 & CPT codes) 10/14/2004 to Present , denials for inpatient and outpatient
accounts, amount charged, amount paid by insurance or Medicare, amount written off, and any amount owed.
A-MONWEALTH OF PEN'riSYLWAI?II
UNTY QF YORE{ --
Dennis A. Toomey
VS.
Ruth M. Small
2011-SU-003978-69
SUBPOENA TO eg- DUCE DOCUMENTS OR THINGS
FOR DI5MVERY PURSUANT TO RULE 4009.22
TO:Orthopedic & Spine Specialists - Radiology
(Narne of Person or Enlily)
Within twenty (20) days after service of this subpoena:, you are ordered by the court to produce the following documents or things:
PTEARE SEE ATTA HED RIDER
at101 Towne Square Way, Suite 251 Pittsburgh, PA 15227
(Address)
You may deliver or mail.Iegible copies of the documents or produce things requested by this subpoena, together with the
certificate of cornpiience, 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 OFTHE FOLLOWING PERSON:
NAME: Eyj ch,;r,l Scheib., Esquire __
ADDRES5: 110 South Nor horn Way
York PA 17402
TELEPHONE : 717-757-7602
SUPgME COURT ID t€: H S R F R
ATTORNEY FOR: Defense
DATE:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
(4/97)
Rider to Subpoena
Explanation of Required Documents and Things
TO: CUSTODIAN OF RECORDS FOR:
Orthopedic & Spine Specialists
1855 Powder Mill Road
York PA 17402
Attention: Radiology Films Library
Subject: Toomey, Dennis
SS#:2799
Date of Birth: 07/14/1959
Requested Items:
Please remit: Complete copy of any and all diagnostic films, film lists and film reports 10/14/2004 to Present including X-Rays, MRI, and
CT scans.
.i
AMONWEALTH OF PENNSYLVANIA
M NTY F YQRK ---
Dennis A. Toomey
vs.
Ruth M. Small
2011-SU-003978-69
~ile NO
SUBPOENA TO PRODUCE DOCUMENTS CAP THINGS
FOR DISCOVERY PURS At tIJ TO RULE 400 .22
TO:Wheatlyn Family Practice - Records
(Naane of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things:
pT,RASF: SEE ATTACH D RTDEI2
at101 Towne Square Way, Suite 251 Pittsburgh, PA 15227
(Address)
You may deliver or mail.legible copies or thedocuments or produce things requested by this subpoena, together with the
certificate of complience, 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 OFTHE FOLLOWING PERSON:
NAME: I4j.chaei SrhPiFGCnii rte -
ADDRESS: 110 S0ut-h N_Qrthern Way
TELEPHONE 717-757-7602 _
SUPREME COURT tD #: C, -R 6 R
ATTORNEY FOR: _ npfanga.
DATE
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
(41°7)
Rider to Subpoena
Explanation of Required Documents and Things
TO: CUSTODIAN OF RECORDS FOR:
Wheatlyn Family Practice
212 Rosedale Drive
Manchester PA 17345
Attention: Records Department
Subject: Toomey, Dennis
SS#: 2799
Date of Birth: 07/14/1959
Requested Items:
Please remit: a complete copy of any and all documents in your possession from 10/14/2004 to Present regarding the above-named
patient, including but not limited to:
• Medical records (charts, test results, reports, correspondence, office notes)
• Films (X-rays, MRIs, CTs), Film lists
O AWE TH 4F P.EN'?ISYLVANtA
QO N1Y OF YQRK --
Dennis A. Toomey
vs.
Ruth M. Small
-;re Na 2011-SU-003978-69
SUBPOENA 1'0 PRODUCE DOCUMENTS OR THINGS
FORDISCOVERY PURSUANT TO RULE 4009.22
TO:Wheatlyn Family Practice - Billing
(Name of Person or Entity)
Within twer,iy (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things:
PT-RASE SE.E ATTACHED RIDER
atl01 Towne Square Way, Suite 251 Pittsburgh, PA 15227
(Andress)
You may deliver or mail-legible copies of the documents or produce things requested by this subpoena, together with the
certificate of complience, 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 OFTHE FOLLOWING PERSON:
NAME:M-jshapi Srheiby Esqcpui re
ADDRESS: 110 Snitth Northern Way
TELEPHONE: X17-757- 7602
SUPREME COURT ID #: C, '-? R 68
ATTORNEY FOR: Ile f P n C P.
DATE
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
(4197)
Rider to Subpoena
Explanation of Required Documents and Things
TO: CUSTODIAN OF RECORDS FOR:
Wheatlyn Family Practice
212 Rosedale Drive
Manchester PA 17345
Attention: Billing Department
Subject: Toomey, Dennis
SS#: 2799
Date of Birth: 07/14/1959
Requested Items:
Complete copy of any and all itemized bills (include ICD9 & CPT codes) 10/14/2004 to Present, denials for inpatient and outpatient
accounts, amount charged, amount paid by insurance or Medicare, amount written off, and any amount owed.
s
MQNIAW UH OF PENNSYLVANIA
M- NTY CAF Y RK
Dennis A. Toomey
VS.
Ruth M. Small
File No 2011-SU-003978-69
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 400 .22
TO:York Waste Disposal c/o CT Corporation
(Na.rne of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things:
PLEASE 4FF ATTACHED TDER
at101 Towne Square Way, Suite 251 Pittsburgh, PA 15227
(Address)
You may deliver or mail.fegible copies of the documents or produce things requested by this subpoena, together with the
certificate of complience, 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 OFTHE FOLLOWING PERSON:
NAME: UjrChAL-1 4(-heJb, Fs il)i.rP
ADDRESS: 110 gouth Northern Way
York PA, 17402 _
TELEPHONE : 7?7-757-7602
SUPREME COURT tD f#: F -? R C R
ATTORNEY FOR:. TAP fan ge.
DATE:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
(4197)
•
•
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
DENNIS A. TOOMEY, No. 2011-SU-003978-69 N
Plaintiff v O
> _
V. CIVIL ACTION - LAW =
ter- `r a
RUTH M. SMALL, urn 0
Defendant JURY TRIAL DEMANDED N
PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P. 1012
TO THE PROTHONOTARY:
Kindly enter the appearance of Michael B. Scheib, Esquire of Griffith, Strickler, Lerman,
Solymos & Calkins, as attorney for the Defendant in the above-captioned matter and mark the docket
accordingly.
Dated: November J3 , 2011
By: _?/ V vFc,A4' / (J \C / MI
MICHAEL B. SCHETB, ESQUIR-9 C
Attorney I.D. No. 63868
110 South Northern Way
York, Pennsylvania 17402
(T) 717-757-7602
(F) 717-757-3783
mscheib@gslsc.com
Attorney for Defendant, Ruth M. Small
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
•
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
DENNIS A. TOOMEY, No. 2011-SU-003978-69
Plaintiff
V. CIVIL ACTION - LAW
RUTH M. SMALL,
Defendant JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this- r day of November, 2011, I, Michael B. Scheib, Esquire, a member of
the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have
this date served a copy of Praecipe for Entry of Appearance, by United States Mail , addr'sec o t1m
parry or attorney of record as follows: ;. o
Farley G. Holt, Esquire r ? --
34 North Queen Street W
York, PA 17403 . _ rv ..?
(Attorney for Plaintiff) `J'
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS..,
By:
MICHAEL B. SCHEIB, ESQUIRE
Attorney I.D. No. 63868
110 South Northern Way
York, Pennsylvania 17402
(T) 717-757-7602
(F) 717-757-3783
mscheib@gslsc.com
Attorney for Defendant, Ruth M. Small
LAW OFFICES
GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS
ROBERT H. GRIFFITH (1928-2009)
110 S. NORTHERN WAY
YORK, PENNSYLVANIA 17402-3737
TELEPHONE: (717) 757-7602
FAX: (717) 757-3783
EMAIL: info(Dasisc.com
WEBSITE: www.asisc.com
ANN MARGARET GRAB
ERICK V. VIOLAGO-
JOHN C. PORTER-
ROBERT D. O'BRIEN
ROBERT M. STRICKLER
ROBERT A LERMAN°
PETER D. SOLYMOS
CHARLES B. CALKINS
PAUL G. LUTZ'
MICHAEL B. SCHEIB`
THOMAS B.SPONAUGLE°+
*Also Member MD Bar
LL.M (Taxation); also Member CT Bar
'Also Member NY and D.C. Bars
-Also Member NJ Bar
+Board Certified Civil Trial Attorney
By the National Board of Trial Advocacy
November 3, 2011
Pamela S. Lee, Prothonotary
York County Courthouse
45 North George Street
York, PA 17401
Michael B. Scheib's EMAIL: MScheibOgslsc.com
Re: Dennis A. Toomey v. Ruth M. Small
York County C.C.P. No. 2011-SU-003978-69
Dear Ms. Lee:
hi
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v
m w >
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CJ] "?
Enclosed herewith please find an original and one copy of a Praecipe for Entry of Appearance on
behalf of the Defendant, Ruth M. Small, in the above-referenced matter.
Please file the original with your office, time stamp the copy and return the time-stamped copy to
my office in the self-addressed, stamped envelope which I have enclosed for your convenience.
Also enclosed please find three original Praecipes for Rule to File Complaint on behalf of the
Defendant, Ruth M. Small, with regard to the above-referenced matter.
Please sign and seal and return to me for service in the self-addressed, stamped envelope which I
have enclosed for your convenience.
Very truly yours
MIC AEL B.-SCHEIB
MB S: wst/smal l.toomey-ltr.
Enclosures
cc: Farley G. Holt, Esquire (w/enc.)
E
E
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
DENNIS A. TOOMEY,
Plaintiff
V.
RUTH M. SMALL,
Defendant
TO THE PROTHONOTARY
No. 2011-SU-003978-69
CIVIL ACTION - LAW
d
JURY TRIAL DEMANDED a c'y
PRAECIPE
-urn
>z
Na
C=
x
0
v
s
-'' co
r+a ..
Please enter a Rule upon Dennis A. Toomey, Plaintiff, to file a Complaint within t A%ty
(20) days from the date of the service of this Rule or suffer Judgment non-pros.
Date: November -._J , 2011
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CA INS
By: I-
MICHAEL B. SCHEIB, ESQUIRE
Supreme Court I.D. No. 63868
110 South Northern Way
York, Pennsylvania 17402-3737
Phone (717) 757-7602
Fax (717) 757-3783
MscheibAgslsc.com
Attorney for Defendant, Ruth M. Small
NOW, 2011, RULE ISSUED AS ABOVE.
Prothonotar y
By:
Deputy
O
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4
7C7
-C
•
?? % 0
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
DENNIS A. TOOMEY, No. 2011-SU-003978-69
Plaintiff
V. CIVIL ACTION - LAW
RUTH M. SMALL,
Defendant JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this S!, day of November, 2011, I, Michael B. Scheib, Esquire, a
member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have
this date served a copy of the Praecipe for Rule to file a Complaint by United States Wil ,
postage prepaid, addressed to the party or attorney of record as follows:
y o
z -ta
I
Farley G. Holt, Esquire => o
34 North Queen Street 0
_ g
York, PA 17403 z
(Attorney for Plaintiff) m W >
On ?
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
/ i
By:
MICHAEL B. CHEIB, ESQUI
Supreme Court I.D. No. 63868
110 South Northern Way
York, Pennsylvania 17402-3737
Attorney for Defendant, Ruth M. Small
•
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
DENNIS A. TOOMEY,
No. 2011-SU-003978-69 c 'O
Plaintiff o O
-C 0
V. CIVIL ACTION - LAW 1= -'
RUTH M. SMALL, 70
w, ,^
y-.
3
-4
p.
Defendant JURY TRIAL DEMANDED c : `">
Cn
CERTIFICATE OF SERVICE
AND NOW, this day of No V j&r, 2011, I, Michael B. Scheib, Esquire,
a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I
have this date served a copy of the Interrogatories of Defendant, Ruth M. Small, to Plaintiff,
Dennis A. Toomey, Set No. 2, by United States First-Class Mail, postage prepaid, addressed as
follows:
Farley G. Holt, Esquire
34 North Queen Street
York, PA 17403
(Attorney for Plaintiff)
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
By:
MICHAEL B. SCHE , ESQUIRE
Attorney I.D. # PA. 63868
110 South Northern Way
York, PA 17402-3737
Phone (717) 757-7602
Fax (717) 757-3783
Mscheibkyslsc.com
Attorney for Defendant, Ruth M. Small
! .M 1.
•
LAW OFFICES
GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS
ROBERT H. GRIFFITH (1928-2009)
ROBERT M. STRICKLER
ROBERT A. LERMAN°
PETER D. SOLYMOS
CHARLES B. CALKINS
PAUL G. LUTZ-
MICHAEL B. SCHEIB*
THOMAS B. SPONAUGLE°+
*Also Member MD Bar
'LL.M (Taxation); also Member CT Bar
`Also Member NY and D.C. Bars
-Also Member NJ Bar
+Board Certified Civil Trial Attorney
By the National Board of Trial Advocacy
November 3, 2011
Pamela S. Lee, Prothonotary
York County Courthouse
45 North George Street
York, PA 17401
110 S. NORTHERN WAY
YORK, PENNSYLVANIA 17402-3737
TELEPHONE: (717) 757-7602
FAX: (717) 757-3783
EMAIL: infofcboslsc.com
WEBSITE: www.asisc.com
ANN MARGARET GRAB
ERICK V. VIOLAGO-
JOHN C. PORTER-
ROBERT D. O'BRIEN
Michael B. Scheib's EMAIL: MScheibCriloslsc.com
Re: Dennis A. Toomey v. Ruth M. Small
York County C.C.P. No. 2011-SU-003978-69
Dear Ms. Lee:
1'V
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- Ca >
CA
Enclosed herewith please find an original and one copy of the Certificate of Service for the
Interrogatories/Request for Production of Documents of Defendant, Ruth M. Small, to Plaintiff,
Dennis A. Toomey, Set No. 1 and an original and one copy of the Certificate of Service for the
Interrogatories of Defendant, Ruth M. Small, to Plaintiff, Dennis A. Toomey, Set No. 2, in the
above-referenced matter.
Please file the originals with your office, time stamp the copies and return the time-stamped copies
to my office in the self-addressed, stamped envelope which I have enclosed for your convenience.
Very truly yours,
M H L B.
HEIZ
MB S: wst/small.toomey-hr.
Enclosures
cc: Farley G. Holt, Esquire (w/enc.)
•
•
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
DENNIS A. TOOMEY,
No. 2011-SU-003978-69 N
Plaintiff „? 4 0
A t X
V. CIVIL ACTION - LAW 2
RUTH M. SMALL,
Defendant JURY TRIAL DEMANDED v
r
C.n -<
CERTIFICATE OF SERVICE
d
r
AND NOW, this 3 day of November, 2011, I, Michael B. Scheib, a member of the
firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date
served a copy of the Interrogatories/Request for Production of Documents of Defendant, Ruth M.
Small, to Plaintiff, Dennis A. Toomey, Set No. 1, by United States First-Class Mail, postage
prepaid, addressed as follows:
Farley G. Holt, Esquire
34 North Queen Street
York, PA 17403
(Attorney for Plaintiff)
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
MICHAEL B. SCHEIB, ESQUIRE
Attorney I.D. # PA 63868
110 South Northern Way
York, PA 17402-3737
Phone(717)757-7602
Fax (717) 757-3783
Mscheib(c gslsc.com
Attorney for Defendant, Ruth M. Small
CP- Rv«hard eb er
Sheriff
Reuben B Zeager
Chief Deputy, Operations
SHEIFF'S OFFICE OF YORK C
OUNTY
PETER J. MANGAN, ESQ.
Solicitor
Richard E Rice, II
Chief Deputy, Administration
DENNIS A. TOOMEY
vs.
RUTH M. SMALL
Case Number
2011-S U-3978-69
SHERIFF'S RETURN OF SERVICE
10/13/2011 MAILED BY CERTIFIED MAIL THE REQUESTED SUMMONS IN CIVIL ACTION (SICA) TO FRANKLIN
COUNTY FOR DEPUTIZED SERVICE UPON THE WITHIN NAMED DEFENDANT RUTH M. SMALL.
10/19/2011 09:15 AM -THE REQUESTED SUMMONS IN CIVIL ACTION (SICA) SERVED BY THE SHERIFF OF
FRANKLIN COUNTY UPON RUTH M. SMALL, PERSONALLY, AT 715 LONG LANE, CHAMBERSBURG
PA 17201. DANE ANTHONY, SHERIFF, RETURN OF SERVICE ATTACHED TO AND MADE PART OF
THE WITHIN RECORD.
SHERIFF COST: $33.08
SO ANSWERS,
October 27, 2011
RICHARD P KEUERLEBER, SHERIFF
N
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Cj
00
W
SHERIFF'S RETURN - REGULAR
CASE NO: 2011-00231 To Y •
• COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF FRANKLIN
DENNIS A TOOMEY
RUTH M SMALL
VS
ANGEL L LAVIENA Deputy Sheriff of FRANKLIN
County, Pennsylvania, who being duly sworn according to law,
says, the within SUMMONS was served upon
SMALL RUTH M the
DEFENDANT
, at 0915:00 Hour, on the 19th day of October , 2011
at 715 LONG LANE
CHAMBERSBURG. PA 17201
RUTH M SMALL
by handing to
a true and attested copy of SUMMONS together with
o ?
C> N r,
and at the same time directing Her attention to the c=tefftYrf.
p
Sheriff's Costs:
Docketing .00
Service .00
Affidavit .00
Surcharge .00
Sworn and Subscribed to before
me thin B day of
l/ A. D.
I- ,OMMUN - -
NOT S
RICHARD D. McCARTY, Notary Public
'hambersburg Boro., Franklin County
1 a?. = Commission Expires Jan. 29, 2015
So Answers:
C?)
ANGEL L E A
i
By
Deputy Sheriff
10/19/2011
FARLEY G HOLT ESQ
Supreme Court of P• sylvania
Court of Common Pleas
Civil Cover Sheet
County
CONTRACT (do not include Judgments)
? Buyer Plaintiff
? Debt Collection: Credit Card
? Debt Collection: Other
•
Thursday, October 13, 2011 346 PM
2011-SU-003978-69
S
E
C
T
O
N
A
w --4 _ , r_.
T'he inf winalion collected on this form is used solelv•for court administration pur/mse,r. T21, m 3ik's rFi?ir
.cttpplenicni or replace the filing and service of 'pleadings or other papers as required by law 4491 s n tur*
Commencement of Actio ..r
El Complaint Writ of Summons El Petition C
? Transfer from Another .lurisdiction ? Declaration of Taking
Lead Plaintiff's Name: Lead Defendant's Name:
\' 1.
Are money damages requested?
Yes
P?
l No Dollar Amount Requested: jvithin arbitration limits
X9
(check one) ?outside arbitration limits
Is this a Gass Action Suit? ? Yes No Is this an MDJAppeal? No
? Yes ?(
Name of Plaintiff/Appellant's Attorney: Q(\ -
?
Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARYCASE. If you are making more than one type of claim, check the one that
you consider most important.
S
E
C
T
I
O
N
g
TORT (do nol include Mass 7ort)
? Intentional
Malicious Prosecution
Motor Vehicle
Nuisance
? Premises Liability
? Product Liability (does not include
mass lorl)
? Slander/Libel/ Defamation
? Other:
? Employment Dispute:
Discrimination
? Employment Dispute: Other
? Other:
REAL PROPERTY
? Ejectment
? Eminent Domain/Condemnation
? Ground Rent
? Landlord/Tenant Dispute
? Mortgage Foreclosure: Residential
? Mortgage Foreclosure: Commercial
? Partition
? Quiet Title
? Other:
CIVIL APPEALS
Administrative Agencies
? Board of'Assessment
? Board of Elections
? Dept. of Transportation
? Statutory Appeal Other
? Zoning Board
? Other:
i
a
MISCELLANEOUS
? Common Law/Statutory Arbitration
? Declaratory Judgment
H Mandamus
Non-Domestic Relations
Restraining Order
? Quo Warranto
? Replevin
? Other:
Updated 1/1/2011
• %N •
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
CIVIL DIVISION
DENNIS A. TOOMEY,
Plaintiff,
V.
RUTH M. SMALL,
Defendant.
Thursday, October 13, 2011 146 PM
2011-SU-003978-69
- - - -"OW
PRAECIPE FOR WRIT OF SUMMONS
To the Prothonotary:
C
0 70 Lo
c
Please issue a Writ of Summons in the above-captioned matter. Said Writ of
Summons shall be issued and forwarded to the Sheriff of York County.
Respectfully Submitted,
Farley G Holt, Esquire
Attorney for Plaintiff
34 North Queen Street
York, Pennsylvania 17403
(717) 846-0550
Dated this 13"' day of October 2011
SUMMONS IN CIVIL ACTION
TO: Ruth M. Small
715 Long Lane
Chambersburg, Pennsylvania 17201
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLA IFF HAS COMMENC N
ACTION AGAINST YOU.
rothonotary/Clerk, it divisio
Dated this 13"' day of October 2011 by
Deputy
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DENNIS A. TOOMEY, Docket No. /? - 1473 01-virrewn
Plaintiff,
vs.
CIVIL ACTION - Law .
.
.
n, ,
RUTH M. SMALL, JURY TRIAL DEMANDEDcn?`
Defendant
.
-
NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE
CLAIMS AS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION
WITHIN TWENTY (20) DAYS AFTER THE DATE IN WHICH THESE COUNTERCLAIMS
AND NOTICE ARE SERVED UPON YOU, BY ENTERING A WRITTEN APPEARANCE,
PERSONALLY, OR BY YOUR ATTORNEY, AND BY 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
32 SOUTH BEDFORD STREET
CARLISLE, PENNSYLVANIA 17013
1-(800)-990-9108
(717) 249-3166
0
4)03.16' Pp A77y
a"t 44ko
0' 9 3 oyo
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVII, DIVISION
DENNIS A. TOOMEY, Docket No.
Plaintiff,
vs.
CIVIL ACTION - Law
RUTH M. SMALL, JURY TRIAL DEMANDED
Defendant.
COMPLAINT
AND NOW, TO WIT, this 23`d day of March, 2012, comes the above-captioned Plaintiff,
Dennis Toomey, by and through his legal counsel, Farley G Holt, Esquire, and the law firm of
HOLT & OGDEN, LLP, and file the within Complaint to which the following is a statement:
1. The above-captioned Plaintiff, Dennis Toomey, is an adult individual who currently
resides at 50 Kline Avenue, Lot 23, Manchester, York County, Pennsylvania 17345.
2. The above-captioned Defendant, Ruth M. Small, is an adult individual who currently
resides at 715 Long Lane, Chambersburg, Franklin County, Pennsylvania 17201.
3. At all times relevant hereto, the above-captioned Plaintiff, Dennis A. Toomey, was
the owner/operator of one 2005 Chevrolet Blazer automobile, bearing PA VIN NO.
I GNDT13S452285431, PA registration Tag No. EXW2796
4. At all times relevant
owner/operator of one 1994 Buick
1 G4HR52LXRH537952 and PA
5. On or about October 14,
, the above-captioned Plaintiff was traveling on
Wertzville Road, Pa. State Route 944 >n Hampton Township, Cumberland County, Pennsylvania
at approximately 6:53 p.m., approaching an intersection located at Wertzville Road and Good
Hope Road, where Wertzville Road cdnsists of four lanes of travel with a turning lane, and where
the intersection is governed by signal lights.
6. At all relevant times hereto, as the Plaintiff approached the intersection of Good
Hope Road and Wertzille Road, the above-captioned Plaintiff was traveling in the right hand
lane, traveling East.
7. At all relevant times hereto, the Defendant's vehicle was in the lefthand turning lane
of Wertzville Road, heading West and attempting to execute a left hand turn onto Good Hope
road.
8. As the Plaintiff entered the foregoing intersection, Defendant's vehicle, without
warning, proceeded to make a left hand turn onto Good Hope Road, pulling directly into
Plaintiff's right-of-way, which thereafter collided with Plaintiff's vehicle.
9 . As a direct result of the aforementioned collision, Plaintiff's vehicle sustained severe
front-end damage, as well as sustained severe damage to the driver's side rear, and which
the above-captioned Defendant, Ruth M. Small, was the
automobile, bearing PA VIN NO.
i*ation Tag No. DBC1513.
vehicle of Plaintiff was eventually totaled.
10. Further, as a result of the foregoing collision, Plaintiff suffered injury to his person,
including but not limited to, injury to his chest from his seatbelt, his right ankle and his right
elbow.
11. Furthermore, as a result of the foregoing collision and the injuries Plaintiff sustained
as a direct result thereof, Plaintiff was forced to seek emergency medical attention, including but
not limited to emergency room treatment at Memorial Hospital located on Belmont Street, York,
Pennsylvania, who thereafter sought follow-up treatment for said injuries sustained in the
foregoing collision with Plaintiff's family physician, Dr. Pater, who had referred Plaintiff for
physical therapy and related treatment though the Wellspan Medical Group.
12. Plaintiff's specific injuries consisted of severe bruising to his right elbow, and
severe sprain of his right ankle.
13. As a direct result of the collision and the foregoing injuries resulting therefrom,
Plaintiff experienced severe pain, suffering, inconvenience, humiliation, anxiety, embarrassment,
depression, and loss of life's enjoyment, and thus, Plaintiff seeks compensation relative thereto.
14. Additionally, Plaintiff was forced to miss 2 days of work as a result of the injuries
Plaintiff sustained in the foregoing collision, resulting in a total loss of wages in an approximate
amount of $230.00.
15. Furthermore, the above-captioned Plaintiff asserts that to date, he continues to suffer
from pain and discomfort associated with the injuries he sustained to his elbow and his ankle
from the foregoing collision. .
COUNTI
Negligence
16. Paragraphs one through fifteen of Plaintiff's Complaint are incorporated herein by
reference as if set forth in full.
17. Plaintiff believes and therefore avers that Defendant's foregoing actions or failures
to act, constitute negligence as is more specifically set forth below:
a. Failure to yield right-of-way;
b. Failure to warn Plaintiff of the impending collision;
c. Violation by Defendant of the Pennsylvania Motor Vehicle Code (turning violation);
d. Failure to maintain proper lanes of travel in vehicle; AND;
e. Failure to obey traffic control devices; more specifically the "yield on green sign"
accompanying the signal light.
18. As a direct and proximate result of Defendant's foregoing negligent acts and/or
failures to act, the Plaintiff sustained damages and injuries to his person, including, but not
limited to, pain and suffering, inconvenience, humiliation, anxiety, embarrassment depression,
and loss of life's enjoyment, inconvenience, as well as suffered a pecuniary loss, namely loss of
Plaintiff's income for days missed from work as a result of the foregoing injuries, as are set forth
above.
19. The above-captioned Defendant is liable to Plaintiff for the damages he sustained
as a direct and approximate of Defendant's negligence, who is entitled to an award representing a
reasonable amount of compensation by Defendant to Plaintiff for pain, suffering, inconvenience,
humiliation, anxiety, embarrassment, depression, and loss of life's enjoyment, as well as being
entitled to reimbursement by Defendant of Plaintiff's pecuniary loss, namely Plaintiff's loss of
income for the 2 days Plaintiff was forced to miss from work, all of which Plaintiff avers is as
direct result of Defendant's negligence that resulted in Plaintiffs foregoing injuries, as are set
forth above.
WHEREFORE, the above-captioned Plaintiff, Dennis A. Toomey, respectfully requests
that this Honorable Court enter an award representing judgment in Plaintiffs favor, and against
the above-captioned Defendant, Ruth M. Small, in an amount not greater than $50,000.00,
representing compensation by Defendant to Plaintiff for pain and suffering, inconvenience,
humiliation, anxiety, embarrassment, depression, and loss of life's enjoyment, as well as
compensation by Defendant to Plaintiff representing Plaintiff's pecuniary loss suffered due to
Plaintiff missing 2 days of work in an approximate amount of $230.00, due to Defendant's
foregoing negligent acts and/or failures to act, as well as any other relief this Honorable Court
may deem just and appropriate in this matter.
Respectfully submitted,
"- Farley G Holt, Esquire
HOLT & OGDEN, LLP
34 North Queen Street
York, Pennsylvania 17403
(717) 846-0550
I.D. #59920
Attorney for Plaintiff
VERIFICATION
I, Farley G Holt, Esquire, do hereby certify that I am authorized to sign this
Verification on behalf of my client, the Plaintiff, Dennis Toomey, in the instant matter,
and that given such authority, I do hereby verify that the statements made in
Plaintiff's Complaint, after having read the Complaint and averments contained therein
to Plaintiff, Dennis Toomey, via telephonic communication, are true and correct to the
best of my knowledge, information and belief.
It is understood by Plaintiff, Dennis Toomey, and his undersigned legal
counselor, that false statements are subject to the penalties of 18 Pa.C.S. Section
4904 relating to unsworn falsification to authorities.
Date: March 22, 2012
Farley Holt, Esquire
to i"3.2? ,
? r't e
q
`_:?il'iLoLt??D COi.1rdT`'
FT INSYLVANIA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DENNIS A. TOOMEY,
Plaintiff
V.
RUTH M. SMALL,
Defendant
No. 12-1973 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P. 1012
TO THE PROTHONOTARY:
Kindly enter the appearance of Michael B. Scheib, Esquire of Griffith, Strickler, Lerman,
Solymos & Calkins, as attorney for the Defendant in the above-captioned matter and mark the
docket accordingly.
Dated: April '?DO , 2012
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
By:
MICHAEL SCHE B, ESQUII?E
Attorney I.D. No. 63868
110 South Northern Way
York, Pennsylvania 17402
(T) 717-757-7602
(F) 717-757-3783
mscheib@gslsc.com
Attorney for Defendant, Ruth M. Small
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DENNIS A. TOOMEY, No. 12-1973 Civil Term
Plaintiff
V.
CIVIL ACTION - LAW
RUTH M. SMALL,
Defendant JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this o?' day of April, 2012, I, Michael B. Scheib, Esquire, a member of
the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I
have this date served a copy of Praecipe for Entry of Appearance, by United States Mail,
addressed to the party or attorney of record as follows:
Farley G. Holt, Esquire
34 North Queen Street
York, PA 17403
(Attorney for Plaintiff)
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
/'tV
By:
MIC A L B. SCHEIB, ESQUIRE'
Attorney I.D. No. 63868
110 South Northern Way
York, Pennsylvania 17402
(T) 717-757-7602
(F) 717-757-3783
mscheib@gslsc.com
Attorney for Defendant, Ruth M. Small
77
i Tr;7
J 4r
th'r 1S /A (i COIJI4 /A
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DENNIS A. TOOMEY,
Plaintiff
V.
RUTH M. SMALL,
Defendant
TO: Dennis A. Toomey, Plaintiffs
c/o Farley G. Holt, Esquire
Holt & Ogden, LLP
34 North Queen Street
York, PA 17403
No. 12-1973 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE TO PLEAD
You are hereby notified to file a written response to the enclosed New Matter within
twenty (20) days from service hereof or a judgment may be entered against you.
Date: April o??) '2012
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
r
By.
MI HAEL B. SCHEIB, ESQU RE
PA 63868
110 South Northern Way
York, PA 17402-3737
Phone (717) 757-7602
Fax (717) 757-3783
Mscheib@gslsc.com
Attorney for Defendant, Ruth M. Small
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DENNIS A. TOOMEY, No. 12-1973 Civil Term
Plaintiff
V. CIVIL ACTION - LAW
RUTH M. SMALL,
Defendant JURY TRIAL DEMANDED
ANSWER WITH NEW MATTER OF DEFENDANT
TO PLAINTIFF'S COMPLAINT
COMES NOW, the Defendant, Ruth M. Small, by and through her attorneys, Griffith,
Strickler, Lerman, Solymos & Calkins and Michael B. Scheib, Esquire, and responds to the
allegations in Plaintiffs Complaint as follows:
1. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations set forth in paragraph 1 of
Plaintiff s Complaint, and the same are denied and strict proof thereof is demanded.
2. Admitted.
3. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations set forth in paragraph 3 of
Plaintiff s Complaint, and the same are denied and strict proof thereof is demanded.
4. Admitted.
5. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations set forth in paragraph 5 of
Plaintiff s Complaint, and the same are denied and strict proof thereof is demanded.
6. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations set forth in paragraph 6 of
Plaintiff's Complaint, and the same are denied and strict proof thereof is demanded.
7. Admitted.
8. Admitted in part and denied in part. It is admitted that Defendant proceeded to
make a left hand turn onto Good Hope Road and that Defendant's and Plaintiff's vehicle came
into contact. The remaining allegations are denied. After reasonable investigation, Defendant
is without knowledge or information sufficient to form a belief as to the truth of the allegations
set forth in paragraph 8 of Plaintiff's Complaint, and the same is denied and strict proof thereof
is demanded.
9. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations set forth in paragraph 9 of
Plaintiff's Complaint, and the same are denied and strict proof thereof is demanded.
10. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations set forth in paragraph 10
of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded.
11. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations set forth in paragraph 11
of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded.
2
12. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations set forth in paragraph 12
of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded.
13. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations set forth in paragraph 13
of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded.
14. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations set forth in paragraph 14
of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded.
15. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations set forth in paragraph 15
of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded.
COUNTI
Neslieence
16. Paragraphs 1 through 16 of Defendant's Answer with New Matter are
incorporated herein as though fully set forth at length.
17. Denied. This paragraph states a legal conclusion to which no response is
required. Furthermore, after reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations set forth in paragraph 17
of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded.
3
18. Denied. This paragraph states a legal conclusion to which no response is
required. Furthermore, after reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations set forth in paragraph 18
of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded.
19. Denied. This paragraph states a legal conclusion to which no response is
required. Furthermore, after reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations set forth in paragraph 19
of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded.
WHEREFORE, the Defendant, Ruth M. Small, respectfully requests this Honorable
Court to enter judgment in her favor, together with the costs of this lawsuit.
By way of further defense:
NEW MATTER
20. Paragraphs 1 through 20 of Defendant's Answer with New Matter are
incorporated herein as though fully set forth at length.
21. Plaintiff's injuries, if any, may be barred or limited by the Motor Vehicle
Financial Responsibility Law.
22. Plaintiff s injuries, if any, may be barred or limited by a limited tort selection.
23. Plaintiffs injuries, if any, were caused by the acts or omissions of a third party
over whom Defendant had no control.
24. Plaintiff's injuries, if any, were caused by events which either predated or
postdated the motor vehicle accident which is the subject of this lawsuit.
4
25. Plaintiff's injuries, if any, were caused by his own conduct.
26. Plaintiff's recovery may be barred or limited by the amount of uninsured or
underinsured motorist's benefits, if any, to which Plaintiff may be entitled to recover.
27. Defendant is entitled to have the Court mold any verdict in Plaintiff's favor to
reflect the amount of uninsured or underinsured motorist's benefits, if any, which Plaintiff has
received.
WHEREFORE, the Defendant, Ruth M. Small, respectfully requests this Honorable
Court to enter judgment in her favor, together with the costs of this lawsuit.
GRIFFITH, STRICKLER, LERMAN,
c
Date: April c3b , 2012 B,
PA 63868
110 South Northern Way
York, PA 17402-3737
Phone (717) 757-7602
Fax (717) 757-3783
Mscheib@gslsc.com
Attorney for Defendant, Ruth M. Small
5
VERIFICATION
I, Ruth M. Small, hereby verify that the statements made in the foregoing Answer with
New Matter of Defendant to Plaintiff's Complaint are true and correct to the best of my personal
knowledge or information and belief, as well as reports, records, conferences and other
investigatory material made available to me. To the extent that the foregoing contains averments
which are inconsistent in fact, I verify that my knowledge or information is sufficient to form a
belief that one or more of them is true, although I am currently unable, after reasonable
investigation, to ascertain which of the inconsistent averments are true.
To the extent that the foregoing contains legal conclusions or opinions, I hereby state that
my Verification is made upon the advice of counsel, upon whom I have relied in filing this
document.
This Verification is made subject to the penalties of 18 Pa.C.S. § 4904 related to unsworn
falsifications to authorities.
Date: AQ .2012 ??J 4;?b - L , 'dC4Aa,
Ruth M. Small
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DENNIS A. TOOMEY, No. 12-1973 Civil Term
Plaintiff
CIVIL ACTION - LAW
V.
RUTH M. SMALL, JURY TRIAL DEMANDED
Defendant
CERTIFICATE OF SERVICE
AND NOW, this c)' day of April, 2012, I, Michael B. Scheib, Esquire, a member of
the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date
served a copy of the Answer with New Matter of Defendant to Plaintiff s Complaint, by United
States First-Class Mail, postage prepaid, addressed as follows:
Farley G. Holt, Esquire
HOLT & OGDEN, LLP
34 North Queen Street
York, PA 17403
Dated: April c , 2012
GRIFFITH, S1.1
SOL)NOS &
By: w wr?-
MIC AEL B. S H IB, ESQU
Attorney I.D. No. 63868
110 South Northern Way
York, Pennsylvania 17402
(T) 717-757-7602
(F) 717-757-3783
mscheib@gslsc.com
Attorney for Defendant, Ruth M. Small
7
rlUrifl C1A %
..2
+, CEF,L C CO0
FESNSYLVA,41A
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DENNIS A. TOOMEY,
Plaintiff,
Docket No. 12-1973-CIVIL TERM
VS.
CIVIL ACTION - Law
RUTH M. SMALL, JURY TRIAL DEMANDED
Defendant.
PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER
AND NOW, TO WIT, this V day of 2012, comes the above-captioned Plaintiff,
Dennis Toomey, by and through his legal counsel, Farley G Holt, Esquire, and the law firm of
HOLT & OGDEN, LLP, and file the within "Answer to Defendant's New Matter" to which the
following is a statement:
20. No response required.
21. Denied. Paragraph number 21 of Defendant's New Matter contains legal
conclusions to which no response is required. To the extent to which a response is required, it
is specifically denied that Plaintiff s injuries may be barred or limited by the Motor Vehicle
Financial Responsibility Law. Therefore, strict proof of the same is demanded at the time of
hearing/trial in this matter.
22. Denied. Paragraph number 22 of Defendant's New Matter contains legal
conclusions to which no response is required. To the extent to which a response is required, it
is specifically denied by Plaintiff that his injuries may be barred or limited by a limited tort
selection, who will be able to demonstrate to the contrary, and thus, strict proof of the same is
demanded at the time of hearing/trial in this matter.
23. Denied. Paragraph number 23 of Defendant's New Matter contains legal
conclusions to which no response is required. To the extent to which a response is required, it
is specifically denied by Plaintiff that his injuries were caused by the acts or omissions of a third
parry over whom Defendant had no control, and thus, strict proof of the same is demanded at the
time of hearing/trial in this matter.
24. Denied. It is specifically denied by Palintiff, that his injuries, if any, were caused
by events which either predated or postdated the motor vehicle accident in question, and thus,
strict proof of the same is demanded at the time of hearing/trial in this matter.
25. Denied. Plaintiff specifically denies that his injuries were caused by his own
conduct, and thus, strict proof of the same is demanded at the time of hearing/trial in this matter.
26. Paragraph number 26 of Defendant's New Matter contains legal conclusions to
which no response is required. To the extent to which a response is required, it is specifically
denied by Plaintiff that his recovery may be barred or limited by the amount of uninsured or
underinsured motorist's benefits, if any, to which Plaintiff may be entitled to recover.
Therefore, strict proof of the foregoing is demanded at the time of hearing/trial in this matter.
27. Paragraph number 27 of Defendant's New Matter contains legal conclusions to
which no response is required. Plaintiff demands strict proof of the averment contained in
paragraph number 27 of Defendant's New Matter at the time of hearing/trial in this matter.
WHEREFORE, the above-captioned Plaintiff, Dennis A. Toomey, respectfully requests
that this Honorable Court enter a judgment in his favor and against the above-referenced
Defendant, Ruth M. Small, as is more specifically set forth in Plaintiff's Complaint and any other
relief this Honorable Court may deem just and appropriate in this matter.
Respectfully submitted,
Farley G Holt, squire
HOLT & OGDEN, LLP
34 North Queen Street
York, Pennsylvania 17403
(717) 846-0550
I.D. #59920
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DENNIS A. TOOMEY, Docket No. 12-1973-CIVIL TERM
Plaintiff,
VS.
CIVIL ACTION - Law
RUTH M. SMALL, :FURY TRIAL, DEMANDED
Defendant.
CERTIFICATE OF SERVICE
I, Farley G Holt, Esquire, do hereby certify that I served a true and correct time-stamped
copy of the "Answer to Defendant's New Matter" upon Defendant by mailing the same to
Defendant's legal counselor, Michael B. Scheib, Esquire, at 110 South Northern Way, York,
Pennsylvania 17402, on the 1' day of May, 2012.
Farley Holt, Esquire
HOLT & OGDEN, LLP
34 North Queen Street
York, Pennsylvania 17403
(717) 846-0550
I.D. #59920
Attorney for Plaintiff
VERIFICATION
I, Farley G Holt, Esquire, do hereby certify that I am authorized to sign this
Verification on behalf of my client, the Plaintiff, Dennis Toomey, in the instant matter,
and that given such authority, I do hereby verify that the responses as are contained
in Plaintiffs "Answer to Defendant's New Matter', after having reviewed the contents of
the same with Plaintiff, are true and correct to the best of my knowledge, information
and belief.
It is understood by Plaintiff, Dennis Toomey, and his undersigned legal
counselor, that false statements are subject to the penalties of 18 Pa.C.S. Section
4904 relating to unsworn falsification to authorities.
Date: May 1, 2012
Farley G Holt, squire
Legal Counsel for Plaintiff