Loading...
HomeMy WebLinkAbout12-4895Gerald S. Gaetano Whitney & Bogris, LLP 401 Washington Avenue, 12`s Fl. Towson, MD 21204 (410) 427-8044 ggaetano@whitneybogris.com Attorneys for Plaintiff DAVID B. MORGAN, Plaintiff, V. THE ? 11 ALIG -6 pH 3: 19 CUMBERLAND COUNTY PENNtYLVANIA IN THE COURT OF COMMON OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW n NO. 12- CREEKSIDE VOLUNTEER FIRE COMPANY a/k/a CREEKSIDE VOLUNTEER FIRE COMPANY OF EAST PENNSBORO, SETH L. HIPPIE, : EAST PENNSBORO TOWNSHIP, and : EAST PENNSBORO TOWNSHIP FIRE DEPARTMENT, Defendants. JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in t following pages, you must take action within twenty (20) days after this complaint a. notice are served, by entering a written appearance personally or by attorney and filing writing with the court your defenses or objections to the claims set forth against you. Y are warned that if you fail to do so the case may proceed without you and a judgment n be entered against you by the court without further notice for any money claimed in t complaint or for any other claim or relief requested by the plaintiff. You may lose money property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU D NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY C LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 34 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 -50 ?io3. vs cl ,A LL d4l 'I OD AVISO Le han demandado a usted en la torte Si usted quiere defenderse de est demandas expuestas en law paginas siguientes usted tiene veinte 20 dias de plazo al parr de la fecha de la demanda y la notification Hace falta asentar una comparencia escrita en persona o con un abogado y entregar a la torte en forma escrita sus defensas o sus o eciones a las demandas en contra de su persona Sea avisado que si usted no se defiende torte tomara medidas y puede continuer is demanda en contra suya sin previo avi onotificacion Ademas la torte puede decidir a favor del demandante y requiere q1 usted cumpla con todas law provisiones de esta demanda Usted puede perder dinero sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE SI NO ABOGADO O SI NO TIENE ELDINERO SUFICIENTE DE PAGAR TAL SF VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRE SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 34 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 2 Gerald S. Gaetano Whitney & Bogris, LLP 401 Washington Avenue, 12'' Fl. Towson, MD 21204 (410) 427-8044 ggaetano@whitneybogris.com Attorneys for Plaintiff DAVID B. MORGAN, Plaintiff, V. CREEKSIDE VOLUNTEER FIRE COMPANY a/k/a CREEKSIDE VOLUNTEER FIRE COMPANY OF EAST PENNSBORO, SETH L. HIPPLE, : EAST PENNSBORO TOWNSHIP, and : EAST PENNSBORO TOWNSHIP FIRE DEPARTMENT, IN THE COURT OF COMMON OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. - JURY TRIAL DEMANDED Defendants. COMPLAINT AND NOW, comes the Plaintiff, David B. Morgan, by and through his Whitney & Bogris, LLP, and, in support of his Complaint, hereby avers as follows: PARTIES 1. Plaintiff, David B. Morgan, is, and at all times relevant hereto was, a of the Commonwealth of Pennsylvania and an adult individual residing at 1 Letchworth Road, Camp Hill, Pennsylvania 17011. 2. Upon information and belief, Defendant, Creekside Volunteer Company, a/k/a Creekside Volunteer Fire Co. of East Pennsboro, "Creekside") is, and at all times relevant hereto was, a nonprofit corporation or othe 3 entity organized and existing under the laws of the Commonwealth of Pennsylvania an address and/or principal place of business located at 13 East Dulles Drive, Camp Pennsylvania 17011 and/or 734 Erford Road, Camp Hill, Pennsylvania 17011. 3. Upon information and belief, Defendant, Seth L. Hipple, is, and at all ti relevant hereto was, an adult individual, residing at 318 Erford Road, Camp Pennsylvania 17011. 4. Upon information and belief, Defendant East Pennsboro Township is township of the first class, whose office and/or principal place of business is located at South Enola Drive, Enola, Township of East Pennsboro, Cumberland Pennsylvania 17025. Upon information and belief, Defendant East Pennsboro Fire Department is an independent entity or an entity owned, operated, and/ controlled by Defendant East Pennsboro Township, located at the same address. 5. Upon information and belief, Defendant East Pennsboro Township and/or owns vehicles used and operated by the township's fire companies. 6. Upon information and belief, Defendant East Pennsboro Township Department is an entity that leases and/or owns vehicles used and operated by township's fire companies. 7. Defendants East Pennsboro Township and East Pennsboro Township Department are collectively referred to herein as "East Pennsboro" or "Defendants Pennsboro." 8. The facts and occurrences hereinafter related took place on or Thursday, August 12, 2010, at approximately 9:20 a.m., at or near the intersection 4 r South Market Street and Lisburn Road in Bowmansdale, Upper Allen T Cumberland County, Pennsylvania. 9. At that location, South Market Street is a two-lane roadway, with one lane travel in each direction that travels north and south with a posted speed limit of 35 per hour. 10. At that location, Lisburn Road is a two-lane roadway, with one lane of in each direction that travels east and west with a posted speed limit of 35 miles per hour 11. At that time and place, Plaintiff was lawfully operating his silver 2009 1250, with Pennsylvania registration "HFF7551," traveling west on West Lisburn Road. 12. At that time and place, Defendant Hipple was operating a red 1 Chevrolet K2500 utility-type truck, with Pennsylvania registration "EV59063," south on South Market Street. 13. Upon information and belief, the vehicle operated by Defendant was owned and/or leased, and under the possession and control of, Defendant and/or Defendants East Pennsboro. 14. Upon information and belief, at all times relevant hereto, Hipple was performing services, and acted or failed to act as an agent, servant, em or independent contractor of Defendant Creekside and/or Defendants East and Defendant Hipple's conduct, actions, and/or failures to act, occurred during th course and scope of the performance of his duties and obligations as an employee, agent servant, or independent contractor of Defendant Creekside and/or Defendants Eas Pennsboro. 5 15. Plaintiff approached and proceeded at a slowed speed through intersection of South Market Street and Lisburn Road under a green light traffic con device, with all due care under the circumstances. 16. The vehicle operated by Defendant Hipple faced a red light traffic con device in its direction but crossed the double yellow lines into the northbound lane South Market Street, passed 4 to 5 vehicles that were stopped in the southbound lane the red signal light, and approached and attempted to proceed through the intersecti of South Market Street and Lisburn Road using the opposing lane of travel. 17. As the vehicle operated by Defendant Hipple proceeded in the northbou lane (in a southerly direction) into the area of the intersection of South Market Stri and East Lisburn Road, suddenly and without warning, it struck the vehicle operated 1 Plaintiff, which was traveling, at that same time and place, through the intersection unde a green light traffic control device. The impact from the Defendants' vehicle cause Plaintiffs vehicle to turn suddenly and violently, forcing it to collide with a c:oncrel retaining wall and, ultimately, the back of another vehicle. 18. As a result of the impact and collision of Defendants' vehicle wit Plaintiffs vehicle, Plaintiff suffered serious injuries, some or all of which may 1; permanent, property damage, and incidental and consequential damages. 19. The foregoing accident resulted solely from the Defendants' negligen careless, and reckless conduct and was in no way the result of any act or failure to act o the part of Plaintiff. 6 COUNTI (David B. Morgan v. Seth L. Ripple) 20. Plaintiff incorporates all preceding paragraphs as if fully set forth herein. 21. The foregoing accident and all of the injuries and damages set forth sustained by Plaintiff David B. Morgan are the direct and proximate result of negligent, careless, and reckless manner in which Defendants' vehicle was operated Defendant Hipple, including as follows: a. failing to operate the vehicle in a proper, lawful, and safe manner; b. failing to take due care regarding the operation of the vehicle, includi changing lanes, crossing over the double yellow line and into the opposite lane of traffi and proceeding through the intersection in the opposite, oncoming, lane of traffic, failing to operate the vehicle at a safe speed under such circumstances; C. failing to operate the vehicle in a manner that would avoid causing collision with Plaintiffs vehicle and the resulting injuries and damages; d. failing to obey the applicable federal, state, and/or local law and/ regulations regarding the operation of the vehicle; e. failing to keep alert and maintain a proper watch for traffic control and the presence of other motor vehicles on the roadway; f. failing to operate the vehicle in accordance with existing traffic condi and traffic controls; g. failing to travel at a safe speed while approaching an intersection; h. failing to stop or yield the right-of-way at an intersection controlled by traffic control device that was not in Defendant's favor; 7 i. creating and undertaking an unreasonable risk of harm and danger to safety of others, including Plaintiff, by crossing over the double yellow line into northbound, opposite, lane of travel, and proceeding in that lane into the intersection; j. using a lane of travel to enter the intersection that reduced, limited, impaired, and/or interfered with the driver's ability to enter the area safely and without unreasonable and unnecessary risk of harm or injury to including Plaintiff; k. failing to apply the vehicle's brakes in sufficient time to avoid colliding wit Plaintiff s vehicle; 1. failing to have proper and adequate control over the vehicle; in. failing to yield the right-of-way to Plaintiffs vehicle; n. operating the vehicle on the wrong side of the road, colliding with Plain o. failing to observe the presence of other vehicles on the roadway; P. failing to take reasonable evasive action to avoid the accident; q. operating the vehicle in an emergency-oriented manner where circumstances did not warrant or justify such operation; r. proceeding through the intersection under the guise of an situation where the actual circumstances did not warrant or justify such action; S. proceeding past a red signal indication and into the intersection where actual circumstances did not warrant or justify such action and doing so without down as necessary for the safe operation of the vehicle; t. disregarding regulations regarding direction of movement and vehicles where the actual circumstances did not warrant or justify such action; 8 I T ,_ _ U. failing to make use of audible and/or visual signals while proceeding past red signal indication, into the intersection, and disregarding regulations re direction of movement and overtaking vehicles; V. failing to drive the vehicle with due regard for the safety of all persons; W. driving the vehicle upon the roadway in a manner endangering and property and in a reckless manner with careless disregard to the rights and safety others; X. being inattentive in the operation of the vehicle on the roadway; and Y. being otherwise negligent and/or reckless under the circumstances. 22. As a result of the aforesaid carelessness, negligence, and recklessness, Defendant Hipple, Plaintiff David B. Morgan sustained painful and severe injuries, sc or all of which may be permanent, including but not limited to, trauma to cerv vertebrae, herniated disc, aggravation of preexisting conditions, pain as a result of inj to his neck, arms, and shoulder, and injury to the nerves and nervous system, caus numbness, weakness, and tingling, in both hands, palms, and fingers. 23. As a result of the aforesaid carelessness, negligence, and recklessness Defendant Hipple and by reason of the aforesaid injuries sustained by Plaintiff David I Morgan, he was forced to incur liability for physical therapy, medical treatmen medications, hospitalizations and similar miscellaneous expenses in an effort to restor himself to health, and claim is made therefor. 24. As a result of the aforesaid carelessness, negligence, and recklessness Defendant Hipple and because of the nature of his injuries, Plaintiff David B. Morgan been advised and, therefore, avers, that he may be forced to incur similar 9 treatment, surgery, and other miscellaneous medical and related expenses in the futuro, and claim is made therefor. 25. As a result of the aforesaid carelessness, negligence, and recklessness Defendant Hipple and the aforementioned injuries sustained as result thereof, David B. Morgan has undergone and in the future will undergo great physical mental pain and suffering, great inconvenience in carrying out his daily activities, loss life's pleasures and enjoyment, and claim is made therefor. 26. Plaintiff continues to be plagued by persistent pain and limitation ano, therefore, avers that some or all of his injuries are and/or may be of a permanent. causing residual problems for the remainder of his lifetime, and claim is made therefor. 27. As a result of the aforesaid injuries, Plaintiff David B. Morgan has been in the future will be subject to great humiliation and embarrassment, and claim is therefor. 28. As a result of the aforesaid carelessness, negligence, and recklessness Defendant Hipple and the aforementioned injuries sustained as a result thereof, Plaint David B. Morgan has sustained loss of work and wages, loss of opportunity and permanent diminution of his earning power and capacity, and may in the future inc similar expenses, and claim is made therefor. 29. As a result of the aforesaid carelessness, negligence, and recklessness, Defendant Hipple, Plaintiff David B. Morgan sustained damage to, and/or loss of, property. 10 30. As a result of the aforesaid carelessness, negligence, and recklessness, Defendant Hipple, Plaintiff David B. Morgan sustained various incidental a consequential damages. WHEREFORE, Plaintiff David B. Morgan demands judgment in his favor z against Defendant Seth L. Hipple in an amount in excess of Fifty Thousand Dollars ($50,000.00), exclusive of interest and costs and in excess of the jurisdictional amour] t requiring compulsory arbitration, and such other relief as the Court deems just an appropriate. COUNT II (David B. Morgan v. Creekside and East Pennsboro) 31. Plaintiff incorporates all preceding paragraphs as if fully set forth herein. 32. The foregoing accident and all of the injuries and damages set forth hers sustained by Plaintiff David B. Morgan are the direct and proximate result of tr negligence, carelessness, and recklessness, of Defendant Creekside and/or Defendan East Pennsboro in entrusting the red 1989 Chevrolet K2500 utility-type truck i Defendant Hipple as follows: a. permitting Defendant Hipple to operate the red 1989 Chevrolet K25( utility-type truck although Defendants knew or should have known that he did not ha` any training, experience and judgment to adequately control and operate the vehicle; b. permitting Defendant Hipple to drive the vehicle, although Defendan knew or should have known that he was careless or reckless in the operation of motc vehicles, and/or was incompetent or unfit to drive; 11 C. failing to properly supervise the operation and use of the vehicle Defendant Hipple; and d. permitting Defendant Hipple to operate the vehicle although Defendan knew or should have known he was not qualified to do so. WHEREFORE, Plaintiff David B. Morgan demands judgment in his favor against Defendant Creekside and/or Defendants East Pennsboro in an amount in of Fifty Thousand Dollars ($50,000.00), exclusive of interest and costs and in excess the jurisdictional amount requiring compulsory arbitration, and such other relief as Court deems just and appropriate. COUNT III (David B. Morgan v. Creekside and East Pennsboro) 33. Plaintiff incorporates all preceding paragraphs as if fully set forth herein. 34. Defendant Creekside and/or Defendants East Pennsboro are liable for the actions of their employee, agent, servant, or independent contractor l Defendant Hipple. 35. The foregoing accident and all of the injuries and damages set forth occurred as a direct and proximate result of the aforesaid carelessness, negligence, recklessness, of Defendant Hipple as Defendants' agent, servant, employee, independent contractor, and accordingly, Defendants are liable therefor. WHEREFORE, Plaintiff David B. Morgan demands judgment in his favor an against Defendant Creekside and/or Defendants East Pennsboro in an amount in of Fifty Thousand Dollars ($50,000.00), exclusive of interest and costs and in excess 12 the jurisdictional amount requiring compulsory arbitration, and such other relief as Court deems just and appropriate. JURY DEMAND Plaintiff hereby demands a trial by jury on all issues arising in this civil action.. Respectfully submitted, Dated: August 6 2012 WHITNEY & BOGRIS, LLP BY: 44 Gerald S. Gaeta (P 69520) 401 Washington Avenue, 12`' Fl. Towson, MD 21204 (410) 427-8044 ggaetano@whitneybogris.com Attorneys for Plaintiff David B. Morgan 13 VERIRCATION I, David B. Morgan, hereby verify that the facts set forth in the foregoing are true and correct to the best of my knowledge, or information and belief, based on information available. To the extent that the contents of the foregoing document are of counsel, I have relied upon such in making this Verification. I understand that false statements made herein are subject to the penalties of Pa.C.S. § 4904, relating to unsworn falsification to authorities. DATED. S - ?Z David B. Morgan 14 THOMAS, THOMAS 8 HAFER, LLP by: Brooks R. Foland, Esquire I.D. No. 70102 305 North Front Street 6"' Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 (717) 237-7105 fax bfoland~tthlaw.com DAVID B. MORGAN, Plaintiff v. i`'i;.-~.~'Q~' I. I~~. ls~~ ;~E~a~HflNp~'tii~°.I ZDl2 AUG 16 FM l~ 22 CEIM~ER~AND CQUNTY ~ENNSYLY~-NiA Counsel for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV, CIVIL ACTION -LAW CREEKSIDE VOLUNTEER FIRE COMPANY a/k/a CREEKSIDE VOLUNTEER FIRE COMPANY OF EAST PENNSBORO, SETH L. RIPPLE, EAST PENNSBORO TOWNSHIP and EAST PENNSBORO TOWNSHIP FIRE DEPARTMENT, Defendants TO THE PROTHONOTARY: NO. 12-4895 CIVIL TERM JURY TRIAL DEMANDED ENTRY OF APPEARANCE Please enter our appearance on behalf of Defendants Creekside Volunteer F Company a/k/a Creekside Volunteer Fire Company of East Pennsboro, East Township, Seth Hippie and East Pennsboro Township Fire Department in the above matter. Respectfully submitted, ~5; ~T ~ LLP --- by: J _ _ . Brooks .Foland, squire • CERTIFICATE OF SERVICE AND NOW, this ~5 day of , 201 ~,'I, Coleen M. Poly of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a'true and correct copy of the foregoing document by placing a copy of the same in the' United States Mail, postage prepaid, to the following: Gerald S. Gaetano, Esq. Whitney 8~ Bogris, LLP 401 Washington Avenue, 12th floor Towson, MD 21204 Coleen M. Polek 1130559.1 Gerald S. Gaetano WHITNEY & BOGRIS, LLP 401 Washington Avenue, Twelfth Floor Towson, MD 21204 (410) 583-8000 -< co 2- c - - Attorneys for Plaintiff David B. Morgan DAVID B. MORGAN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, CIVIL ACTION - LAW V. CREEKSIDE VOLUNTEER FIRE COMPANY, et al. NO. 12-4895 CIVIL TERM Defendants. PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER Plaintiff, David B. Morgan, (hereinafter "Plaintiff'), by and through his attorneys, Whitney & Bogris, LLP, hereby submits this Reply to the New Matter of Defendants Creekside Volunteer Fire Company a/k/a Creekside Volunteer Fire Company of East Pennsboro and Seth L. Hipple (hereinafter collectively "Defendants"). REPLY TO NEW MATTER 36. Denied. Paragraph 36 contains conclusions of law to which no responsive pleading is required and is therefore deemed denied. 37. Denied. Paragraph 37 contains conclusions of law to which no responsive pleading is required and is therefore deemed denied. 1 i 38. Denied. Paragraph 38 contains conclusions of law to which no responsive pleading is required and is therefore deemed denied. To the extent a response is required, Plaintiff denies the averment. 39. Denied. Plaintiff denies that any of his injuries and,/or damages preexisted the date of the subject accident. 40. Denied. Paragraph 40 contains conclusions of law to which no responsive pleading is required and is therefore deemed denied. To the extent a response is required, Plaintiff denies the averment. 41. Denied. Paragraph 41 contains conclusions of law to which no responsive pleading is required and is therefore deemed denied. 42. Denied. Paragraph 42 contains conclusions of law to which no responsive pleading is required and. is therefore deemed denied. To the extent a response is required, after reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment and therefore denies the same. 43. Denied. Paragraph 43 contains conclusions of law to which no responsive pleading is required and is therefore deemed denied. To the extent a response is required, Plaintiff denies the averment. 44. Denied. Paragraph 44 contains conclusions of law to which no responsive pleading is required and is therefore deemed denied. 45. Denied. Paragraph 45 contains conclusions of law to which no responsive pleading is required and is therefore deemed denied. 2 46. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the current status of Defendant Hipple and/or his current status vis-a-vis Defendant Creekside Volunteer Fire Company and therefore denies that part of the averment. Plaintiff denies the remainder of the averment on the basis that. it contains conclusions of law to which no responsive pleading is required. WHEREFORE, Plaintiff demands judgment in his favor, together with costs, attorneys' fees and such other and further relief as the nature of this cause may require. WHITNEY & BOGRIS, LLP Dated: January Z 3, 2013 BY. erald S. Gaetano 401 Washington Avenue, Twelfth Floor Towson, MD 21204 (410) 583-8000 Attorneys for Defendant David B. Morgan 3 VERIFICATION I, David B. Morgan, hereby verify that the facts and/or denials of facts set forth in the foregoing document are true and correct to the best of my knowledge or information and belief. To the extent that the contents of the foregoing document are that of counsel, I have relied upon such in making this Verification. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. DATED: January 11 '2013 ?a4 av)%I-A David B. Morgan 4 CERTIFICATE OF SERVICE I, Gerald S. Gaetano, hereby certify that on this Z 3 "day of January, 2013, I caused a true and correct copy of Plaintiff's Reply to Defendants' New Matter to be served via. first class U.S. Mail, postage prepaid, upon the following person (s): Brooks R. Foland, Esq. THOMAS, THOMAS & HAFER, LLP 305 North Front Street, bar Floor P.O. Box 999 Harrisburg, PA 17108-0999 Attorneys for Defendants Creekside Volunteer Fire Company a/k/a Creekside Volunteer Fire Company of East Pennsboro and Seth L. Hipple erald S. Gaetano 5 F!I �9-GAF 4C _ 0 HE �'ROTH,ONNO .Ail t 2313MkR21 AM11: 48 CW,'ERLAND COUNTY THOMAS,THOMAS&HAFER,LLP F E N N S Y LVA N I A by: Brooks R.Foland,Esquire I.D.No.70102 305 North Front Street 6'Floor POB 999 Harrisburg,PA 17108-0999 (717)255-7626 (717)237-7105 fax bfoland @tthlaw.com Counsel for Defendants DAVID B. MORGAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. CIVIL ACTION—LAW CREEKSIDE VOLUNTEER FIRE NO. 12-4895 CIVIL TERM COMPANY a/k/a CREEKSIDE VOLUNTEER FIRE COMPANY OF EAST PENNSBORO, SETH L. HIPPLE,EAST JURY TRIAL DEMANDED PENNSBORO TOWNSHIP and EAST PENNSBORO TOWNSHIP FIRE DEPARTMENT, Defendants CERTIFICATE PREREQUISITE T© SERVICE OF A SUBPOENA PURSUANT TO RULE 400922 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendants certify that: I. A Notice of Intent to Serve a Revised Subpoena with a copy of the Subpoena attached thereto was mailed or delivered to each party on or about March 7, 2013, to serve a Subpoena upon SSM Group, Inc. 2. A true and correct copy of the Notice of Intent, which includes a copy of the proposed Subpoena, is attached to this Certificate. 3. The twenty (20) day notice requirement to serve this Subpoena has been waived by counsel for Plaintiff, as evidenced by the attached correspondence. 4. The Subpoena which will be served is identical to the Subpoena attached to the Notice of Intent. Respectfully submitted, THOMAS,THOMAS & HAFER,LLP � �1"U t✓ Date: March 20, 213 By: [W (V BROOKS R. FOLAND, ESQUIRE Attorney I.D.No. 70102 COUNSEL FOR DEFENDANTS 1155843.5 THOMAS,THOMAS&HAFER,LLP by: Brooks R.Foland,Esquire I.D.No.70102 305 North Front Street 6th Floor POB 999 Harrisburg,PA 17108-0999 (717)255-7626 (717)237-7105 fax Moland6tthlaw.com Counsel for Defendants DAVID B.MORGAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. CIVIL ACTION-LAW CREEKSIDE VOLUNTEER FIRE COMPANY NO. 12-4895 CIVIL TERM a/k/a CREEKSIDE VOLUNTEER FIRE COMPANY OF EAST PENNSBORO,SETH L.HIPPLE,EAST PENNSBORO TOWNSHIP JURY TRIAL DEMANDED and EAST PENNSBORO TOWNSHIP FIRE DEPARTMENT, Defendants NOTICE�OFINTENT TO`SERVE.A SUBPOENA TO:PRODUCE DOCUMENT'S AND THINGS FOR DISCOVERY;PURSUANT TO RULE 4009.21 TO: Counsel Defendants intend to serve a revised subpoena upon SSM Group,Inc.,identical to the one 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 will be served. THOMAS,THOMAS&HAFER,LLP FroogR.Foland,Esquire Attorney I.D.No.70102 305 North Front Street P.O.Box 999 Harrisburg,PA 17108 (717)255-7626 Counsel for Defendants Date: 3 DAVID B.MORGAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. CIVIL ACTION—LAW CREEKSIDE VOLUNTEER FIRE NO. 12-4895 CIVIL TERM COMPANY a/k/a CREEKSIDE VOLUNTEER FIRE COMPANY OF EAST PENNSBORO,SETH L.HIPPLE,EAST JURY TRIAL DEMANDED PENNSBORO TOWNSHIP and EAST PENNSBORO TOWNSHIP FIRE DEPARTMENT, Defendants To: SSM Groin.Inc..417 Walnut Street,First Floor.Harrisburg.PA 17101 [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:The following employment/personnel documents rcg rig David M (DOB 11/9/61)' emblo ent aPplication(s), I lW=ent contract(,,w /s verification,includinogya 11 W2s. written job descrintionW and information on medical and/or disability benefits. at Thomas.Thomas&Hafer,LLP,P.O.Box 999,Harrisburg,PA 17108 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance,to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service,the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Attorney's Name: Brooks Foland,Esquire Identification Number: PA 70102 Address: P.O.Box 999,Harrisburg,PA 17108 Telephone Number: (717) 255-7626 Attorney for: Defendants BY THE COURT: DATE: BY [Prothonotary] Seal of the Court I CERTIFICATE OF SERVICE I, RENEE K. COONRADT of the law firm of THOMAS,THOMAS,&HAFER,LLP do certify that I served the foregoing document on the following person(s),by depositing the same in the United States Mail,postage prepaid,at Harrisburg,Pennsylvania addressed as follows: Gerald S. Gaetano,Esquire Whitney&Bogris,LLP 401 Washington Avenue, 12'"floor Towson,MD 21204 Counsel for Plaintif f THOMAS,THOMAS&HAFER,LLP ryl—'D Date: RENEE K.COONRADT,PARALEGAL for Brooks R. Foland,Esquire i7 .s WHITNEY & BOGRIS, LLP Attorneys at Law Twelfth Floor 401 Washington Avenue Towson, Maryland 21204 410-583-8000 fax: 800-893-1239 www.whitneybogris-com Gerald S. Gaetano Direct Dial:410»427$044 Admitted in Maryland, E-mail:ggaetano®whitneybogris.com Pennsylvania,New Yorlt and New Jersey March 13, 2013 Renee K. Coonradt, Paralegal Thomas,Thomas &Hafer, LLP 305 North Front Street Harrisburg, PA 17101 Re: David B. Morgan v. Creekside Volunteer Fire Co., et al., Court of Common Pleas, Cumberland County, Docket No. 12-4895 Dear Ms. Coonradt: As requested, enclosed please find an executed waiver of 20-day notice regarding your revised subpoena to SSM Group. Very truly yours, Gerald S. Gaetano GSG/ Enclosure NEW YORK ■ PENNSYLVANIA 2 I,Gerald S. Gaetano,Esquire,counsel for Plaintiff, do hereby agree to waive the 20 Day Notice of Intent rule allowing counsel for Defendants to issue a revised subpoena to SSM Group, Inc. DATE: 3 z- ,erald S. Gae o;Esquire - Smart. Resourceful. CERTIFICATE OF SERVICE AND NOW,this_0day of J) ' 2013, I, Renee K. Coonradt, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid,to the following: Gerald S. Gaetano, Esquire Whitney& Bogris,LLP 401 Washington Avenue, 12g' floor Towson, MD 21204 Counsel for Plaintiff Renee K. Coonr aral al for Brooks R. Foland, uire r ?Q3 AUK 15 I: 2 CUf€BERLAIYO C'ouNTY - THOMAS,THOMAS&HAFER,LLP f'Eh'f�S Y�UA �A by: Brooks R.Foland,Esquire I.D.No.70102 305 North Front Street 6"'Floor POB 999 r Harrisburg,PA 17108-0999 (717)255-7626 (71.7)237-7105 fax bfoland @tthlaw.com Counsel for Defendants DAVID B. MORGAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION—LAW CREEKSIDE VOLUNTEER FIRE NO. 12-4895 CIVIL TERM COMPANY a/k/a CREEKSIDE VOLUNTEER FIRE COMPANY OF EAST PENNSBORO, SETH L. HIPPLE, EAST JURY TRIAL DEMANDED PENNSBORO TOWNSHIP and EAST PENNSBORO TOWNSHIP FIRE DEPARTMENT, Defendants CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendants certify that: J 1. A Notice of Intent to Serve Subpoenas with a copy of the Subpoenas attached thereto was mailed or delivered to each party on or about July 25, 2013, to serve Subpoenas upon Progressive and USAA. 2. A true and correct copy of the Notice of Intent, which includes a copy of the proposed Subpoenas, is attached to this Certificate. 3. The twenty (20) day notice requirement to serve these Subpoenas has been waived by counsel for Plaintiff, as evidenced by the attached correspondence. 4. The Subpoenas which will be served are identical to the Subpoenas attached to the Notice of Intent. Respectfully submitted, THOMAS, THOMAS & HAFER,LLP Date: August 14,2013 By: (q BROOKS R. FOLAND, ESQUI Attorney I.D. No. 70102 1155843.4 COUNSEL FOR DEFENDANTS THOMAS,THOMAS&HAFER,LLP by: Brooks R.Foland,Esquire I.D.No.70102 305 North Front Street 6w Floor POB 999 Harrisburg,PA 17108-0999 (717)255-7626 (717)237-7105 fax bfoland@tthlaw.com Counsel for Defendants DAVID B.MORGAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. CIVIL ACTION-LAW CREEKSIDE VOLUNTEER FIRE COMPANY NO. 12-4895 CIVIL TERM a/k/a CREEKSIDE VOLUNTEER FIRE COMPANY OF EAST PENNSBORO,SETH L.HIPPLE,EAST PENNSBORO TOWNSHIP JURY TRIAL DEMANDED and EAST PENNSBORO TOWNSHIP FIRE DEPARTMENT, Defendants NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Counsel Defendants intend to serve subpoenas upon Progressive and USAA,identical to the ones 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 objections to the subpoenas. If no objections are made,the subpoenas will be served. THOMAS,THOMAS&HAFER,LLP Brooks R. Foland,Esquire Attorney I.D. No. 70102 305 North Front Street P. O. Box 999 Harrisburg,PA 17108 (717) 255-7626 Counsel for Defendants Date: � � � �/ DAVID B. MORGAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. CIVIL ACTION—LAW CREEICSIDE VOLUNTEER FIRE NO. 12-4895 CIVIL TERM COMPANY a/k/a CREEKSIDE VOLUNTEER FIRE COMPANY OF EAST PENNSBORO,SETH L. HIPPLE,EAST JURY TRIAL DEMANDED PENNSBORO TOWNSHIP and EAST PENNSBORO TOWNSHIP FIRE DEPARTMENT, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Progressive [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:Any and all claims file materials,including but not limited to medical records,electronic log notes and e-mails,claims information,payout information,and all other documents without limitation, regarding David Morgan (DOB HMO.DOL 9/15/97). at Thomas,Thomas &Hafer,LLP,P.O.Box 999,Harrisburg,PA 17108 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance,to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Attorney's Name: Brooks Foland,Esquire Identification Number: PA 70102 Address: P.O.Box 999,Harrisburg,PA 17108 Telephone Number: (717) 255-7626 Attorney for: Defendants By nm Coulm DATE: BY: [Prothonotary] Seal of the Court DAVID B.MORGAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. CIVIL ACTION—LAW CREEKSIDE VOLUNTEER FIRE NO. 12-4895 CIVIL TERM COMPANY a/k/a CREEKSIDE VOLUNTEER FIRE COMPANY OF EAST PENNSBORO,SETH L. HIPPLE,EAST JURY TRIAL DEMANDED PENNSBORO TOWNSHIP and EAST PENNSBORO TOWNSHIP FIRE DEPARTMENT, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To:USAA,P.O. Box 33490, San Antonio,TX 78265 [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:Any and all claims file materials,including but not limited to medical records,electronic log notes and e-mails,claims information,payout information,and all other documents without limitation regarding David Morgan.(DOB 11/9/61,DOL 9/15/97). at Thomas,Thomas&Hafer,LLP,P.O.Box 999,Harrisburg,PA 17108 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance,to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Attorney's Name: Brooks Foland,Esquire Identification Number: PA 70102 Address: P.O.Box 999,Harrisburg,PA 17108 Telephone Number: (717) 255-7626 Attorney for: Defendants By Tf-iE Couim DATE: BY: [Prothonotary] Seal of the Court r CERTIFICATE OF SERVICE I, RENEE K. COONRADT of the law firm of THOMAS,THOMAS, &HAFER, LLP do certify that I served the foregoing document on the following person(s),by depositing the same in the United States Mail,postage prepaid,at Harrisburg,Pennsylvania addressed as follows: Gerald S. Gaetano, Esquire Whitney & Bogris, LLP 401 Washington Avenue, 12`h floor Towson,MD 21204 Counsel for Plaintiff THOMAS,THOMAS &HAFER,LLP f)(\O Date: IZ� RENEE K.COONRADT,PARALEGAL for Brooks R. Foland, Esquire 1144804.8 WHITNEY & BOGRIS, LLP Attorneys at Law Twelfth Floor 401 Washington Avenue Towson,Maryland 21204 410-583-8000 fax: 800-893-1239 www.whitneybogris.com Gerald S. Gaetano Direct Dial:410-427-8044 Admitted in Maryland, E-mail:ggaetanoQwhitneybogris.com Pennsylvania,New York and New Jersey August 9, 2013 Brooks R. Foland, Esquire Thomas,Thomas &Hafer, LLP 305 North Front Street Harrisburg, PA 17108 Re: David B. Morgan v. Creekside Volunteer Fire Co., et al., Court of Common Pleas, Cumberland County, Docket No. 12-4895 Dear Mr. Foland: Enclosed please find the signed waiver of 20-day notice of intent regarding your subpoena to Progressive. Very truly yours, Gerald S. Gaetano GSG/ Enclosure NEW YORK ■ PENNSYLVANIA I, Gerald S. Gaetano, counsel for Plaintiff, do hereby agree to waive the 20-Day Notice of Intent rule allowing counsel for Defendants to issue a subpoena to Progressive. DATE: August 9, 201 Gerald S. Gaetano WHITNEY & BOGRIS; LLP Attorneys at Law Twelfth Floor 401 Washington Avenue Towson, Maryland 21204 410-583-8000 fax: 800-893-1239 www.whitneybogris.com Gerald S. Gaetano Direct Dial:410-427-8044 Admitted in Maryland, E-mail:ggaetano@whitneybogris.com Pennsylvania,New York and New Jersey August 10, 2013 Brooks R. Foland, Esquire Thomas, Thomas &Hafer, LLP 305 North Front Street Harrisburg, PA 17108 Re: David B. Morgan v. Creekside Volunteer Fire Co., et al., Court of Common Pleas, Cumberland County, Docket No. 124895 Dear Mr. Foland: Enclosed please find the signed waiver of 20-day notice of intent regarding your subpoena to USAA. Very truly yours, Gerald S. aetano GSG/ Enclosure NEW YORK PENNSYLVANIA I, Gerald S. Gaetano, counsel for Plaintiff, do hereby agree to waive the 20-Day Notice of Intent rule allowing counsel for Defendants to issue a subpoena to USAA for records regarding David B. Morgan and a date of loss of 09/15/97. DATE: August 10 2013 Gerald S. Gaetano CERTIFICATE OF SERVICE AND NOW, this k1rday of , 2013, I, Renee K. Coonradt, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Gerald S. Gaetano, Esquire Whitney & Bogris, LLP 401 Washington Avenue, 12th floor Towson, MD 21204 Counsel for Plaintiff Renee K. Coonradt, Paralegal for Brooks R. Foland, Esquire i i PRO HONOTA 2014I1PR 11+ P11 2: 25 CUMBERLAND COUNTY PENNSYLVANIA MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Brooks R. Foland, Esquire Attorney I.D. No. 70102 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 Telephone: (717) 651 -3714 brfoland @mdwcg.com Attorney for Defendants DAVID B. MORGAN, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 12 -4895 CIVIL TERM v. CIVIL ACTION — LAW CREEKSIDE VOLUNTEER FIRE COMPANY a/k/a CREEKSIDE JURY TRIAL DEMANDED VOLUNTEER FIRE COMPANY OF EAST PENNSBORO, and SETH L. HIPPLE, Defendants PRAECIPE FOR CHANGE OF ADDRESS TO THE PROTHONOTARY: Kindly note the change of address of counsel for Defendants Creekside Volunteer Fire Company a/k/a Creekside Volunteer Fire Company of East Pennsboro and Seth L. Hipple from Thomas, Thomas & Hafer, LLP, 305 North Front Street, Harrisburg, PA to: Brooks R. Foland, Esquire Marshall Dennehey Warner Coleman & Goggin Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 (717) 651 -3714 (717) 651 -3707 - fax Respectfully submitted, MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN Brooks R. Foland, Esquire Attorney for Defendants Date: March 12, 2014 05/1185678.v1 4 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document has been served upon the following known counsel and parties of record this 13th day of March, 2014 via United States First -Class Mail, postage prepaid: 05/1185678.v1 Gerald S. Gaetano, Esquire Whitney & Bogris, LLP 12th Floor 401 Washington Avenue Towson, MD 21204 Attorney for Plaintiff MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN BY: Brooks R. Foland, Esqui Darrell C. Dethlefs, Esquire I.D. #58805 DETHLEFS - PYKOSH LAW GROUP, LLC 2132 Market Street Camp Hill, PA 17011 Telephone: (717) 975 -9446 Fax: (717) 975 -2309 E -mail: ddethlefs(rpaol.com I ' l,. 21311-M AR 26 PM 16 CUM @AOU i ,` PEHHSYRLAt L)1\Ctt1A Attorneys for Plaintiff DAVID B. MORGAN, Plaintiff v. CREEKSIDE VOLUNTEER FIRE COMPANY a /k/a CREEKSIDE VOLUNTEER FIRE COMPANY OF EAST PENNSBORO, et al., Defendants : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW : NO. 12 -4895 — CIVIL TERM : JURY TRIAL DEMANDED SUBSTITUTION OF COUNSEL WITHOUT LEAVE OF COURT PURUANT TO PA.R.C.P. NO. 1012(b)(2)(ii) PRAECIPE FOR ENTRY OF APPERANCE TO THE PROTHONOTARY: Enter my appearance on behalf of Plaintiff, David B. Morgan. I hereby certify that this changes is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief. Papers may be served at the a., set forth below. 3AS/ftl Dat Dar *I1 . Dethlefs, Esquire I.D. #58805 Dethlefs - Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 717 - 975 -9446 ddethlefs @aol.com Attorneys for Plaintiff PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONTARY: Withdraw my appearance on behalf of Plaintiff, David B. Morgan. Date: March I? , 2014 2 AL/i Gerald S. Gaetano ID No.: 69520) Darrell C. Dethlefs, Esquire 1.D. #58805 DETHLEFS-PYKOSH LAW GROUP, LLC 2132 Market Street Camp Hill. PA 17011 Telephone: (717) 975-9446 Fax: (717) 975-2309 E-mail: ddethlefs(iPaol.com Attorneys for Plaintiff DAVID B. MORGAN, Plaintiff v. CREEKSIDE VOLUNTEER FIRE COMPANY a/k/a CREEKSIDE VOLUNTEER FIRE COMPANY OF EAST PENNSBORO, et al., Defendants : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW : NO. 12-4895 — CIVIL TERM : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing SUBSTITUTION OF COUNSEL WITHOUT LEAVE OF COURT PURUANT TO PA.R.C.P. NO. 1012(b)(2)(ii), was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Creekside Volunteer Fire Company, a/k/a Creekside Volunteer Fire Company of East Pennsboro and Seth L. Hippie c/o Brooks R. Foland, Esquire Marshall Dennehey 100 Corp Center Dr., Ste. 201 Camp Hill, PA 17011 Darrell C. Dethlefs, Esquire I.D. #58805 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 717-975-9446 ddethlefs@aol.com Attorneys for Plaintiff DAVID B. MORAN, Plaintiff v. IN THE COURT OF COMMON PLEAS •CUMBERLAND COUNTY PENNSYLVANIA • CREEKSIDE VOLUNTEERY FIRE CIVIL ACTION - LAW COMPANY a/k/a CREEKSIDE VOLUNTEER FIRE COMPAY OF NO. 12-4895 Civil Term EAST PENNSBORO, SETH L. HIPPLE, : EAST PENNSBORO TOWNSHIP, and : JURY TRIAL DEMANDED EAST PENNSBORO TOWNSHIP FIRE DEPARTMENT, Defendants PRAECIPE TO WITHDRAW AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above captioned action withdrawn and discontinued. Date: 6 IG( Respectfully s . tted, DETHLEFS- 1 SH LAW GROUP, LLC Darrell C. ► e' lefs, Esquire Attorney ID No. 58805 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 Facsimile: (717) 975-2309 E-mail: ddethlefs@aol.com ddethlefs@dplglaw.corn Attorney for Plaintiff - a c r-r1�__. 1., , T mac- r«