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Home My WebLink About02-0632 DAWN BRIGHTBILL and MICHAEL BRIGHTBILL, her son a Minor by his Parent and Guardian, DAWN BRIGHTBILL, : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : 2002- {, 3:z, CIVIL TERM CAROL PATRYN and LAURA M. PATRYN, : CIVIL ACTION - LAW Defendants PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please issue a Writ of Summons against the defendants, Carol Patryn and Laura M. Patryn, and enter my appearance on behalf of the plaintiffs, Dawn Brightbill and Michael Brightbill. Ms. Carol Patryn 583 Jesse Place Union, NJ 07083 Ms. Laura M. Patryn 263 Canal Road South Bound Brook, NJ 08880 By: February 5, 2002 To: Carol A. Patryn Laura M. Patryn You are hereby notified that Dawn Bright and Michael Brightbill, plaintiffs, have commenced an action against you which you are required to defend or a default judgme may be entered ainst you. By: DEPUTY Date: 1,}., . . .., I' 5' ,2002 fr~ll;01,i'1all:ti"".I, - . .' 4 '! ,. . . " . . \ ~'. "_.,,<>i"" )'.' ~H,,"hd.i"'i!l:j!IJ.t H ,;tMi',.m,~>J.l.1.t'''''"..,,~_ ~~ , ~ ~ ~ .... " '< ..} ~ '0 " ~ ] (") G :0 ~'C n,rD Zrr; Z::L) (/)C ;:5;:;:: ~C'; ZC :sO ~ ~ '" -<: ~ B I"\) R3 M CO I (J1 ~ -0 - ..::;. p n :,,:/ ]'-;:j.J'l r-:: -~'~;E;J "~:!~~) ;:; ?~~! C5rr1 ~:i :55 -< S' DAWN BRIGHTBILL and : THE COURT OF COMMON PLEAS OF MICHAEL BRIGHTBILL, her son : CUMBERLAND COUNTY, PENNSYLVANIA a Minor by his Parent and Guardian, DAWN BRIGHTBILL, Plaintiffs v. : 2002.632 CIVIL TERM CAROLPATRYNand LAURA M. PATRYN, : CIVIL ACTION - LAW Defendants To the Prothonotary: PRAECIPE TO REISSUE A WRIT OF SUMMONS Please reissue a Writ of Summons and serve the defendants as follows: MS. LAURA M. PATRYN 263 CANAL ROAD SOUTH BOUND BROOK, NJ 08880 Respectfully submitted, By: Date: March 1,2002 ar D. Schwartz, Esquire 60 West Pomfret Street Carlisle, P A 17013 (717) 249-2353 Supreme Court I.D. No. 70216 Attorney for Plaintiff, Dawn Brightbill 8 :;;:: ""Ow rnrn Z::D ze- en;;:; -<""- !<CJ ~(') :;;;8 ~ Cl N ::m:: """ ::0 I o -n ::;j r'~:~I~ -on"-l Cc7? C)CJ ::;j -i. 0:11 "7~ o -., ~ -< -0 ::m:: 'i! G ::s~ ~~ Ql~~ c~ r~ ..... DAWN BRIGHTBILL and MICHAEL BRIGHTBILL, her son a Minor by his Parent and Guardian, DAWN BRIGHTBILL, Plaintiffs : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : 2002-632 CIVIL TERM CAROL PATRYN and LAURA M. PATRYN, Defendants : CIVIL ACTION - LAW AFFIDAVIT OF SERVICE OF WRIT OF SUMMONS COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND NOW, Douglas Miller, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the Plaintiffs in the captioned action. 2. That a copy of the Writ of Summons was served upon the defendant, Laura Patryn, on March 5, 2002 by certified mail, return receipt requested, addressed to Laura Patryn, 583 Jesse Place, Union, NJ 07083, with return receipt number 7099 3400 001849973166. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. IRWIN, McKNIGHT & HUGHES Date: / () /J-/ () ~ By: Do as . Miller, Esquire Supreme ourt Id # 83776 60 West Pomfret Street Carlisle,PA 17013 (717) 249-2353 Attorney for Plaintiffs · 'Complete Items 1, 2, and 3. Also complete item 4 if Restricted OeIivety is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card ta the back of the mailpiece, or on the front if space pennils. 1. Article~ to: ~3 =: ;:.,.~~ ~~ RJ 07083 I" o Agent -'" 0 AQd_ from item 1? 0 Yes livety address below; 0 No 2. Article Number (Copy from service label) 7099 3400 0018 4997 3166 PS Fonn 3811 , July. 1999 Domestic Return Receipt 3. Sentice Type 13: Certified Mail [j Express Mail o Registered IJ: Return Recelpt for Merchandise o InSUred Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes r 102595-99-M_1789 ------'-"""-"- U.S. Postal Service CERTIFIED MAIL RECEIPT (DomestIc Mati Only. No Insurance Coveraqe ProvIded) ...lI ...lI .-'l m Certified Fee l'- IT' IT' ::r- O[J .-'l t:I t:I Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Postmark Here C Total Postage & Fees $ ~ t 9' ~~ ~ R'f~uf":ay~ry;;nt Clearly) (to be comPle:ed.b~~~i~er)____n_____nnnn_ .Street:AbTiio.;.or"j:i(j-Box-No:- __h -- -- __'Un ---~. - g:: 583 Je_s_~~h.~!~~_~.n'h___nnhhn___ ______n.h______..hn________ CJ -Cii;:sifiiii,-zip+4 l'- ! t , ) (") D 0 c- I'..J -n so: '" <::) "'o..~ :' 01 N- C) -~ 7-.__ -, ; ~-- l~ f :)(T-i t\.) ',)y' .:bo :':f~) ~...,... .i"-'H -->.0 , t5 j;:{-, ~ "srq r-. $ S""'! CO ~v -< "'-- DAWN BRIGHTBILL and MICHAEL BRIGHTBILL, her son a Minor by his Parent and Guardian, DAWN BRIGHTBILL, Plaintiffs : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : 2002-632 CIVIL TERM CAROL PATRYN and LAURA M. PATRYN, Defendants : CIVIL ACTION - LAW AFFIDAVIT OF SERVICE OF WRIT OF SUMMONS COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND NOW, Douglas Miller, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the Plaintiffs in the captioned action. 2. That a copy of the Writ of Summons was served upon the defendant, Carol Patryn, February 16, 2002 by certified mail, return receipt requested, addressed to Carol Patryn, 583 Jesse Place, Union, NJ 07083, with return receipt number 70001530000246936486. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. IRWIN, McKNIGHT & HUGHES Date: 16/}--/O;)- By: Douglas G 'ller, squire Supreme Court Id # 83776 60 West Pomfret Street Carlisle, P A 17013 (717) 249-2353 Attorney for Plaintiffs · Complete items 1, 2, and 3. Also campI item 4 if Restricted Delivery is desired. · Print your name and address on the erse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: MS.lAROL PATRYN 583 ESSE PLACE UN! . NJ 07083 2. Article Number (Copy from S81Vice label) 7000153 OO(l02'4 69 36486 PS Form 3811, July 1999 Domestic Return Receipt 3. Service Type at: Certified Mail 0 Ex o Registered IJII Return Receipt for Merchandise o InSUred Mail 0 C.O.D. 4. Restncted Delivery? (Extra Fee) 0 Yes /1 ln2595-OD-M_0952 u.s. Postal Service CERTIFIED MAIL RECEIPT (Domestic 1l1;1I1 Only No Instflance Cove/age PfDvlded) ..D CO ::r ..D IT1 IT' ..D ::r Postage $ Ce>tifled Fee Postmark Return Receipt Fee HOI8 (Endorsement Required) Restricted Delivery Fee (Endorsement ReqUired) ~. ~y ToIal Poet.ge & "- $ f1J C C C C IT1 Ltl r-'l entTo Ca ro 1 Pat ryn__ ---.--------.._..____00_______________..._____ c s;;;,-iiijt.7iit;o;-POBoX" No. c 583 Jesse Pl9_~__________"_____"__________.______.________. C ciiy;Sii.;;,;"ii,.;";;----------- - I'- i , ...... - , ~ (') c: s: <.' (( , Oi fT~ Z',' ZC" (J)-, ~~'_: Zf,.) '''~C' Pc=' Z =<! Cl I'.l o r> -i J I'.l o T' .-! -or -::;11 'r:::- --.1{71 ~~ :i~ -< ",. :r \.0 (X> DAWN BRIGHTBILL and MICHAEL BRIGHTBILL, her son a Minor by his Parent and Guardian, DAWN BRIGHTBILL, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION -LAW CAROL PATRYN and LAURA M. PATRYN Defendants : NO. 2002-632 NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint, order and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further 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. Court Administrator Cumberland County Courthouse, 4th Floor Carlisle, P A 17013 (717) 243-6200 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. DAWN BRIGHTBILL and MICHAEL BRIGHTBILL, her son a Minor by his Parent and Guardian, DAWN BRIGHTBILL, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW CAROL PATRYN and LAURA M. PATRYN Defendants : NO. 2002-632 COMPLAINT AND NOW, this 2nd day of January, 2003, come the Plaintiffs, DAWN BRIGHTBILL and MICHAEL BRIGHTBILL, by and through their attorneys, Irwin, McKnight & Hughes, and make the following Complaint against the Defendants, CAROL PATRYN and LAURA M. PATRYN, averring as follows: 1. Plaintiff Dawn Brightbill is an adult individual principally residing at 582 West Louther Street, Carlisle, Pennsylvania 17013. 2. Plaintiff Michael Brightbill has a date of birth of February 17, 1984, and was sixteen (16) years of age, a minor, at all relevant times herein. 3. Plaintiff Michael Brightbill is currently eighteen (18) years of age and has a mailing address of Springfield Apartments, #28, 17133 Imperial Valley Drive, Houston, Texas, 77060. 4. Defendant Carol Patryn is an adult individual principally residing at 583 Jesse Place, Union, New Jersey 17083 5. Defendant Laura M. Patryn is an adult individual principally residing at 583 Jesse Place, Union, New Jersey 17083. 6. On or about February 5, 2000, at approximately 11 :05 a.m., Plaintiff Dawn Brightbill was lawfully operating her automobile on State Route 114 east. 7. Plaintiff Michael Brightbill was a passenger in the 1988 Mercury Topaz being lawfully operated by his mother, Plaintiff Dawn Brightbill. 8. On or about February 5,2000, Defendant Laura M. Patryn was traveling in a 1986 Ford LTD, owned by Defendant Carol Patryn, in the same direction as Plaintiffs on State Route 114 east. 9. Plaintiff Dawn Brightbill, upon approaching traffic stopped at a signal light, brought her automobile to a complete stop. 10. While Plaintiffs were stopped behind traffic, Plaintiff Dawn Brightbill observed Defendants' automobile approaching Plaintiffs' automobile from behind. 11. Defendant Laura M. Patryn was not looking at the stopped traffic as she approached. 12. Plaintiff Dawn Brightbill straightened her leg against the brake pedal to avoid striking the vehicle in front of her as she braced for the impact from Defendants' vehicle. 13. Defendants' vehicle violently struck Plaintiffs' vehicle from behind. 14. The actions of Defendant Laura Patryn were negligent, careless and reckless in that she: a. failed to operate her automobile in a safe manner and under proper and adequate control; b. failed to observe Plaintiff's brake lights or vehicle and be reasonably vigilant to observe the roadway and position of Plaintiff's vehicle; c. disregarded the speed of vehicles, the condition of the highway, and the traffic upon the highway in violation of75 Pa.C.S.A. ~ 3361; d. failed to maintain proper and adequate observation of the existing traffic conditions; 2 e. failed to be continuously alert, to perceive any warning of danger that was reasonably likely to exist, and to have the vehicle under such control that injury to persons or property could be avoided; f. failed to avoid striking Plaintiffs vehicle; and g. otherwise failed to exercise due and proper care under the circumstances. 15. The impact from Defendants' automobile into Plaintiffs' automobile on the highway caused the rear of the Plaintiffs' automobile to be damaged. 16. Plaintiff Dawn Brightbill's chest and stomach struck the steering wheel from the impact of Defendants' automobile. 17. As a result of the accident, the Plaintiffs, Dawn Brightbill and Michael Brightbill, suffered injuries to their neck, head, back and chest. 18. Plaintiff Dawn Brightbill experienced great physical pain, discomfort, stiffhess and severe migraines. She treated with her family physician on several occasions and was prescribed medications for her pain and severe migraines. 19. Plaintiff Michael Brightbill also experienced physical pain and discomfort and treated with his family physicians who diagnosed myofascial pain and prescribed medications. 20. The negligent, careless and reckless actions of the Defendants, Carol Patryn and Laura M. Patryn, are the direct and proximate cause of the injuries to the Plaintiffs, Dawn Brightbill and Michael Brightbill. 21. As a direct and proximate result of the negligence of Defendants, Plaintiffs have been compelled, in order to effect a cure for the aforesaid injuries, to expend sums of money for medicine and/or medical attention, to their detriment and loss. 22. Plaintiffs Dawn Brightbill and Michael Brightbill, seek compensation for the pain and suffering they have endured since the date of the accident. 3 WHEREFORE, the Plaintiffs, Dawn Brightbill and Michael Brightbill, demand judgment against Defendants, Carol Patryn and Laura Patryn, in an amount less than the arbitration limit of Twenty-Five Thousand ($25,000.00) Dollars, plus costs, interest, and all other relief this Honorable Court deems fair and just. Respectfully Submitted, IRWIN, McKNIGHT & HUGHES Dated: January 2,2003 . By: I Dougla . Miller, squire Supreme Court ill # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiffs 4 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. ~OIUJYl~~~ DA WN BRIGHTBILL Date: ) () - d.g , () Z- VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. 1?iJJ1!l ~ MICHAEL BRIGHTBL Date: \ d -;Lq -~ , () 2.. CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by Certified Mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Carol Patryn 583 Jesse Place Union, NJ 17083 Laura M. Patryn 583 Jesse Place Union, NJ 17083 Date: Jauary 2,2003 IRWIN, McKNIGHT & HUGHES " . Miller, Esquire Supreme 000 LD. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiffs, Dawn Brightbill and Michael Brightbill (') c: ?" :L1l--'; f1'~ _'_cC ...>~ [,II i~?' 5;0 c: $ ',I; C.-, W ('~ <r"; >- --,- ............ -:1 , f\) "'~ ~tJ :J.:: ::J ,', '':! ?? {~5 ;-q --I '>- :E -< S9 t:ooo DAWN BRIGHTBILL and MICHAEL BRIGHTBILL, her son a minor by his Parent and Guardian, DAWN BRIGHTBILL, : Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-632 v. CIVIL ACTION - LAW CAROL PATRYN and LAURA M. PATRYN, Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on bE~half of the Defendants, Carol and Laura Patryn, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER, P .C. .I<~ By: Brian R. Sinnett, Esquire Attorney 1.0. No" 84188 2411 North Front St. Harrisburg, PA 17110 (717) 232-9900 Date:~ - CERTIFICATE OF SERVICE AND NOW, this 13th day of February, 2003, I hereby certify that I have served the foregoing Praecipe to Enter Appearance on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Douglas G. Miller, Esquire Irwin, McKnight & Hughes 60 West Pomfret St. Carlisle, PA 17013 ~P;fJA11~ Eileen S. Smitt1, Secretary - (") C ;,?; -uif ~~!_~._. ZC" - '" ~:: ~c 4C~' ~(- )> (~~ ~~: --I -< ... "q "- \.1.") -0 :.,,) f-':> -- ~:r~~ ;:'2 ::~ DAWN BRIGHTBILL and MICHAEL BRIGHTBILL, her son a minor by his Parent and Guardian, DAWN BRIGHTBILL, : Plaintiffs v. CAROL PATRYN and LAURA M. PATRYN, Defendants TO: Dawn Brightbill and Michael Brightbill c/o Douglas Miller, Esquire Irwin, McKnight & Hughes 60 West Pomfret St. Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-632 CIVIL ACTION - LAW NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED to file a response to the enclosed New Matter within twenty (20) days of service hereof. Failure by you to do so may constitute an admission. By: Date: 51'14? Respectfully submitted, NEALON & GOVER, P .C. ?5k:~ Brian R. Sinne , Esquire Attorney 1.0. No. 84188 2411 North Front St. Harrisburg, PA 1'7110 (717) 232-9900 DAWN BRIGHTBILL and MICHAEL BRIGHTBILL, her son a minor by his Parent and Guardian, DAWN BRIGHTBILL, : Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-632 v. CIVIL ACTION - LAW CAROL PATRYN and LAURA M. PATRYN, Defendants ANSWER WITH NEW MATTER AND NOW, this 14th day of March, 2003 come the Defendants, Carol Patryn and Laura Patryn, by and through their attorneys Nealon & Gover, P.C., and in response to Plaintiff's Complaint avers the following: 1. Admitted based on information and belief. 2. Admitted based on information and belief. 3. Admitted based on information and belief. 4. Admitted in part and denied in part. By way of further answer, Defendant, Carol Patryn's zip code is 07083. The remaining averment concerning her address is admitted. 5. Admitted in part and denied in part. It is admitted that at the time of the incident Defendant, Laura Patryn, resided at the address indicated with the exception that her zip code was 07083. However, Defendant Laura M. Patryn no longer resides at this address. 6. Denied as stated. It is admitted that the Plaintiff, Dawn Brightbill, was operating her motor vehicle at the date, time and location as indicated. The remaining averment contains a conclusion of law to which no responsive pleading is required. To the extent this Honorable Court deems a response appropriate, it is denied and strict proof of same is demanded at trial. 7. Denied as stated. It is admitted that Plaintiff, Michael Brightbill, was a passenger in the aforementioned vehicle being operated by Plaintiff, Dawn Brightbill. The remaining averment contains a conclusion of law to which no responsive pleading is required. To the extent this Honorable Court deems a response appropriate, it is denied and strict proof of same is demanded at trial. 8.-13. It is admitted that Defendant, Laura Patryn, was traveling in the direction as alleged in Plaintiff's Complaint and was operating the 1986 Ford L TD owned by Defendant, Carol Patryn, at the time stated in Plaintiff's Complaint. It is further admitted that the vehicle being operated by Defendant, Laura Patryn, came in contact with the vehicle being operated by the Plaintiff, Dawn Brightbill. The remaining averments are denied as Defendants are without sufficient knowledge or information sufficient to form a belief as to the truth of the matters asserted and strict proof of same is demanded at trial. 14. Denied pursuant to Pa.R.C.P. 1029(e). 15. Denied as stated. It is admitted that there was damage to Plaintiff's automobile. By way of further answer the damage was minimal as the impact was slight. 16. Denied as Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the matter asserted and strict proof of same is demanded at trial. 17. Denied as Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the matter asserted and strict proof of same is demanded at trial. 18, Denied as Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the matter asserted and strict proof of same is demanded at trial. 19. Denied as Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the matter asserted and strict proof of same is demanded at trial. 20.-21. Denied pursuant to Pa.R.C.P. 1029(e). 22. This paragraph does not contain a factual allegation or averment sufficient to require a response. To the extent a response is deemed required by this Honorable Court, denied as Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the matter asserted and strict proof of same is demanded at trial. WHEREFORE, Defendants Carol and Laura Patryn respectfully request judgment to be entered in their favor plus costs as permitted by law. NEW MATTER 23. Paragraphs 1 through 22 are incorporated herein as if set forth at length by reference thereto. 24. Plaintiff's claims may be barred in whole or in part by application of the Pennsylvania Motor Vehicle Financial Responsibility Act.. 25. WHEREFORE, Defendants Carol and Laura Patryn respectfully request judgment be entered in their favor and against the plaintiffs. Respectfully submitted, NEALON & GOVER, P .C. By: /5/(~ Brian R. Sinnett, Esquire Attorney 1.0. No. 84188 2411 North Front St. Harrisburg, PA 17110 (717) 232-9900 Date: 3/tr/o'} VERIFICATION I, Brian R. Sinnett, Esquire, make this Verification on behalf of the Defendants, Carol and Laura Patryn, knowledgeable representatives of which are currently unavailable to sign this Verification. I represent that the facts set forth in the foregoing Answer with New Matter are true and correct to the best of my knowledge, information, and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. 94904 relating to unsworn falsification to authorities. ~.~~ Brian R. Sinnett, Esquire CERTIFICATE OF SERVICE AND NOW, this 14th day of March, 2003, I hereby certify that I have served the foregoing Answer with New Matter on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Douglas G. Miller, Esquire Irwin, McKnight & Hughes 60 West Pomfret St. Carlisle, PA 17013 ~-<~ Brian R. Sinnett, Esquire 0 c")' (") c: (-'"~ -n ~:: -"~ -n \.1 r:~ .....:..1 . . , ~!'::. : ~ -~/ ;f;~ %~ \ 1?~ 2:~: / ~~ c:::, ~.) /~" _..~t ......( ( T' DAWN BRIGHTBill and MICHAEL BRIGHTBill, her son a minor by his Parent and Guardian, DAWN BRIGHTBill, : Plaintiffs v. CAROL PATRYN and lAURA M. PATRYN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-632 CIVil ACTION .- lAW PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached Verifications of Defendants Carol Patryn and Laura Patryn for the Verification of counsel attached to Patryn's Answer with New Matter to the Plaintiff's Complaint. By: Date: ,/U-/o?/ Respectfully submitted, NEALON & GOVER, P.C. ~~9E- Brian R. Sinnett, Esquire Attorney 1.0. No. 84188 2411 North Front St. Harrisburg, PA 17110 (717) 232-9900 VERIFICATION I, Laura Patryn, verify that the statements made in the foregoing Answer with New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904 relating to unsworn falsification to authorities. Date: ~ //<6/ 6~ ;)'Wl(J,(1- (;h. t~ Laura Patryn VERIFICATION I, Carol Patryn, verify that the statements made in the foregoing Answer with New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904 relating to unsworn falsification to authorities. ~f~ Carol Patryn Date: 3-18-D3 CERTIFICATE OF SERVICE AND NOW, this t..-fitf:J--day of March, 2003, I hereby certify that I have served the foregoing Praecipe to Substitute Verification on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Douglas G. Miller, Esquire Irwin, McKnight & Hughes 60 West Pomfret St. Carlisle, PA 17013 ~!{.~ Brian R. Sinnett, Esquire *1" " q-~! (. ~:';\ r:_ ',_ ...:..... ...;..:, c.-~ D C c' .r _..J -<.' C'", ~_..,. 1 .) \.: ' -',,) ") 1[' h) , , --< DAWN BRIGHTBILL and MICHAEL BRIGHTBILL, her son a minor by his Parent and Guardian, DAWN BRIGHTBILL, : Plaintiffs v. CAROL PATRYN and LAURA M. PATRYN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-632 CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendants, Carol and Laura Patryn, with regard to the above-captioned matter. By: Date:~ Respectfully submitted, NEALON & GOVER, P.C. 1J~ttcr Michael S. Ferguson, Esquire Attorney 1.0. No. 83882 2411 North Front St. Harrisburg, PA 17110 (717) 232-9900 , CERTIFICATE OF SERVICE AND NOW, this I \4'- day of December, 2003, I hereby certify that I have served the foregoing Praecipe to Enter Appearance on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Douglas G. Miller, Esquire Irwin, McKnight & Hughes 60 West Pomfret St. Carlisle, PA 17013 1U~[C6J~ Michael S. Ferguson, Esquire #" t, r~ ,..!-'=i ....., c::.:) <=.:1 ....., C"'...J 1','1 CO o -n ..~ ~ nl:!J r- -orT"! :'1 Or:, o _.~C. ~:n ~:;:?O C;[T: :;1 en C) C, -/ '. DAWN BRIGHTBILL and MICHAEL BRIGHTBILL, her son a minor by his Parent and Guardian, DAWN BRIGHTBILL, : Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 2002-632 v. CIVIL ACTION - LAW CAROL PATRYN and LAURA M. PATRYN, Defendants DEFENDANT'S MOTION TO COMPEL ANSWERS TO DISCOVERY AND NOW, comes Defendants, Carol and Laura M. Partyn, by and through their attorneys, Nealon & Gover, P.e., and files the following Motion: I. This civil action arises out of a motor vehicle accident that occurred on February 5,2000, on State Route 114, Cumberland County, Pennsylvania. 2. At that time and place the Plaintiffs claim that they were stopped for a red traffic signal controlling their direction of travel when the Defendant's vehicle struck them from behind. 3. Plaintiff commenced this action by filing Complaint of January 2,2003. 4. On March 18,2003 the Defendants filed their answer. 5. On or about March 14, 2003, counsel for Defendants served upon the Plaintiff a Request for Production of Documents as well as set of Interrogatories. The Request for Production of Documents is attached hereto and incorporated herein by reference as Exhibit A. The Interrogatories are attached hereto and incorporated herein by reference as Exhibit B. 5. On May 13, 2003 and June 16,2003, counsel for the Defendants wrote Plaintiff's requesting responses to their discovery requests. . 6. On June 18, 2003, counsel for the Plaintiff's wrote to Defendants apologizing for the delay and indicated that he expected to send responses in the very near future. 7. On November 14, 2003, Defendants again wrote Plaintiff requesting a response to discovery requests. No response was received. 8. On February 12, 2004, Defendants again wrote Plaintiffrequesting a response to discovery requests and giving two weeks to provide responses to discovery requests. 9. To date, Plaintiffs have filed no answers or objections to either the Request for Production of Documents or Interrogatories. 10. The information sought in these discovery requests is essential to the Defendant in order to properly prepare for trial and for depositions. WHEREFORE, Defendants, Carol and Laura M. Partyn, approaches this Honorable Court to enter an Order directing that the Plaintiffs, Dawn and Michael Brightbill, answer the Request for Production of Documents and Interrogatories or faces additional sanctions under the Pennsylvania Rules of Civil Procedure 4009. Respectfully submitted, NEALON & GOVER BJltCll~J2ty Michael S. Ferguson, Esquire Atty. LD. #83882 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 DAWN BRIGHTBILL and MICHAEL BRIGHTBILL, her son a minor by his Parent and Guardian, DAWN BRIGHTBILL, : Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,'PENNSYLVANIA NO. 2002-632 v. CIVIL ACTION - LAW CAROL PATRYN and LAURA M. PATRYN, Defendants REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF - FIRST REQUEST TO: Dawn Brightbill c/o Douglas G. Miller, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 PLEASE TAKE NOTICE THAT PURSUANT TO Pa. R.C.P. 4009, you are required to furnish at our office, on or before thirty (30) days of service hereof, a photostatic copy or like reproduction of the materials concerning this action or its subject matter which are in your possession, custody or control and which are not protected by the attorney/client privilege; or, in the alternative, produce the said matter at said time to permit inspection and copying thereof: II. INSTRUCTIONS 1. In producing the documents described below, the responding party is required to furnish all documents known or available to him or in his custody or control regardless of whether the documents are possessed (i) directly by responding party, (ii) by his agents, employees or representatives, or (Hi) by his attorneys. . . 2. The documents produced for inspection shall be produced as they are kept in the usual course of business or shall be organized and labeled to correspond to the particular request, as set forth below, to which they are responsive. Pursuant to Rule 4009(b)(2), responding party shall file a written statement responding to each numbered request by identifying the document(s) produced in response to that request. If any request is objected to in whole or in part, the reason(s) for the objection must be stated. 3. If any request cannot be complied with in full, it should be complied with to the greatest extend possible, and an explanation provided as to why full compliance is not possible. . 4. Whenever a request is stated in the conjunctive, it shall also be taken in the disjunctive, and vice versa. Whenever a request is stated in the singular,. it shall also be taken in the plural, and vice versa. 5. This request is a continuing one. If, after producing documents, responding party obtains or becomes aware of any further documents responsive to any request, responding party is required to produce such additional documents. 6. If any claim or privilege or immunity from discovery is asserted as to any document (or to any portion thereof), responding party shall furnish, in lieu of withheld documents, a schedule that specifically states the following information for each document (or portion) withheld: (a) the type of document (e.g., letter,memorandum, phone message slip, handwritten note, etc.); (b) the date of the document; (c) the author of the document; (d) the name of all persons to whom the document or its contents have been disclosed or who are indicated on the document as having received copies of it; (e) the subject matter of the document and the circumstances of its creation in sufficient detail to ascertain the applicability of the claimed privilege or immunity from discovery; and (f) a statement of the specific privilege or immunity claimed and of the basis upon which the privilege or immunity is claimed. II. DEFINITIONS 1. The word "document" or "documents" as used herein shall be understood to mean all written, graphic or otherwise recorded matter, however produced or reproduced in the actual or constructive possession, custody, care or control of you, your officers, agents, employees and attorneys, or any of them including, but not limited to, originals and all copies of all correspondence, tapes, discs, photographs, contracts, drawings reports, statements, telegrams, notes, sound recordings, minutes of meetings, memoranda, reports and the like, whether made or received by you, as well as all other documents as defined in Pa.R.C.P. Rule 4009. 2. "Responding Party" shall refer to Dawn Brightbill, as well as her agents, representatives, attorneys, accountants, consultants, independent contractors, and any other individual or entity associated or affiliated with you or acting on your behalf with respective matter in question. 3. The word "accident" or "incident" shall refer to the circumstances in which this action is based. . III. REQUESTS FOR PRODUCTION OF DOCUMENTS This request is intended to cover all documents in the possession, custody, and control of Plaintiff, Plaintiff's agents, employees, insurance carriers and attorneys. NOTE: A response of "will be supplied" or "will supplement" or "discovery is continuing" is not responsive. You have a duty to provide all items of which you are aware. The documents covered by this Request are as follows: I. The. entire contents of any investigation file(s) and any other . documentary material in your possession which support or relate to the allegations contained in Plaintiff's Complaint (excluding references to mental impressions, conclusions or opinions representing strategy or tactics and privileged communications from and to counsel). 2. Any and all statements concerning the action, as defined by Rule 4003.4, from all witnesses including any statements from the parties herein, or their respective agents, servants or employees. 3. All photographs taken or diagrams prepared of the scene of the accident or any instrumentality involved therein. 4. Any and all documents containing the names and home and business addresses of all individuals contacted as potential witnesses. 5. Reports of any and all experts who will testify at trial. 6. Any and all medical records, physician's reports and bills, hospital records or abstracts of same which relate in any way to the injuries allegedly sustained by Plaintiff, as well as the treatment of any similar injuries prior or subsequent to the occurrence in question. 7. All federal, state and local income tax returns for the past five years. Respectfully submitted, NEALON & GOVER, P.C. By: ~~~ Brian R. Sinnett, Esquire Attorney /.D. No. 84188 2411 North Front St. Harrisburg, PA 17110 (717) 232-9900 Date: :W'f~3 CERTIFICATE OF SERVICE AND NOW, this 14th day of March, 2003, I hereby certify that I have served the foregoing Request for Production of Documents Directed to Plaintiff _ First Request on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Douglas G. Miller, Esquire Irwin, McKnight & Hughes 60 West Pomfret St. Carlisle, PA 17013 ~ /( Wt.. Brian R. Sinnett, Esquire DAWN BRIGHTBILL and MICHAEL BRIGHTBILL, her son a minor by his Parent and Guardian, DAWN BRIGHTBILL, : Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-632 v. CIVIL ACTION - LAW CAROL PATRYN and LAURA M. PATRYN, Defendants REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF. FIRST REQUEST TO: Michael Brightbill c/o Douglas G. Miller, Esquire Irwin, McKnight& Hughes 60 West Pomfret Street Carlisle, PA 17013 PLEASE TAKE NOTICE THAT PURSUANT TO Pa. RC.P. 4009, you are required to furnish at our office, on or before thirty (30) days of service hereof, a photostatic copy or like reproduction of the materials concerning this action or its subject matter which are in your possession, custody or control and which are not protected by the attorney/client privilege; or, in the alternative, produce the said matter at said time to permit inspection and copying thereof: 1/. INSTRUCTIONS 1. In producing the documents described below, the responding party is required to furnish all documents known or available to him or in his custody or control regardless of whether the documents are possessed (i) directly by responding party, (ii) by his agents, employees or representatives, or (iii) by his attorneys. . 2. The documents produced for inspection shall be produced as they are kept in the usual course of business or shall be organized and labeled to correspond to the particular request, as set forth below, to which they are responsive. Pursuant to Rule 4009(b)(2), responding party shall file a written statement responding to each numbered request by identifying the document(s) produced in response to that request. If any request is objected to in whole or in part, the reason(s) for the objection must be stated. 3. If any request cannot be complied with in full, it should be complied with to the greatest extend possible, and an explanation provided as to why full compliance is not possible. 4. Whenever a request is stated in the conjunctive, it shall also be taken in the disjunctive, and vice versa. Whenever a request is stated in the singular, it shall also be taken in the plural, and vice versa. 5. This request is a continuing one. If, after pr-oducing documents, responding party obtains or becomes aware of any further documents responsive to any request, responding party is required to produce such additional documents. 6. If any claim or privilege or immunity from discovery is asserted as to any document (or to any portion thereof), responding party shall furnish, in lieu of withheld documents, a schedule that specifically states the following information for each document (or portion) withheld: (a) the type of document (e.g., letter, memorandum, phone message slip, handwritten note, etc.); . (b) the date of the document; (c) the author of the document; (d) the name of all persons to whom the document or its contents have been disclosed or who are indicated on the document as having received copies of it; (e) the subject matter of the document al)d the circumstances of its creation in sufficient detail to ascertain the applicability of the claimed privilege or immunity from discovery; and (f) a statement of the specific privilege or immunity claimed and of the basis upon which the privilege or immunity is claimed. II. DEFINITIONS 1. The word "document" or "documents" as used herein shall be understood to mean all written, graphic or otherwise recorded matter, however produced or reproduced in the actual or constructive possession, custody, care or control of you, your officers, agents, employees and attorneys, or any of them including, but not limited to, originals and all copies of all correspondence, tapes, discs, photographs, contracts, draWings reports, statements, telegrams, notes, Sound recordings, minutes of meetings, memoranda, reports and the like, whether made or received by you, as well as all other documents as defined in Pa.R.C.P. Rule 4009. 2. "Responding Party" shall refer to Michael Brightbill, as well as his agents, representatives, attorneys, accountants, consultants, independent contractors, and any other individual or entity associated or affiliated with you or acting on your behalf with respective matter in question. 3. The word "accident" or "incident" shall refer to the circumstances in which this action is based. III. REQUESTS FOR PRODUCTION OF DOCUMENTS This request is intended to cover all documents in the possession, custody, and control of Plaintiff, Plaintiff's agents, employees, insurance carriers and attorneys. NOTE: A response of "will be supplied" or "will supplement" or "discovery is continuing" is not responsive. You have a duty to provide all items of which you are aware. The documents covered by this Request are as follows: I. . The entire contents of any investigation file(s) and any other documentary material in your possession which support or relate to the allegations contained in Plaintiff's Complaint (excluding references to mental impressions, conclusions or opinions representing strategy or tactics and privileged communications from and to counsel). 2. Any and all statements concerning the action, as defined by Rule 4003.4, from all witnesses including any statements from the parties herein, or their respective agents, servants or employees. 3. All photographs taken or diagrams prepared of the scene of the accident or any instrumentality involved therein. 4. Any and all documents containing the names and home and business addresses of all individuals contacted as potential witnesses. 5. Reports of any and all experts who will testify at trial. 6. Any and all medical records, physician's reports and bills, hospital records or abstracts of same which relate in any way to the injuries allegedly sustained by Plaintiff, as well as the treatment of any similar injuries prior or subsequent to the occurrence in question. 7. All federal, state and local income tax returns for the past five years. Respectfully submitted, NEALON & GOVER, P.C. By: ~/{~ Brian R. Sinnett, Esquire Attorney I.D. No. 84188 2411 North Front St. Harrisburg, PA 17110 (717) 232-9900 Date: J/;'1/tJ). CERTIFICATE OF SERVICE AND NOW, this 14th day of March, 2003, I hereby certify that I have served the foregoing Request for Production of Documents Directed to Plaintiff - First Request on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Douglas G. Miller, Esquire Irwin, McKnight & Hughes 60 West Pomfret St. Carlisle, PA 17013 ~.~~ Brian R. Sinnett, Esquire. , . DAWN BRIGHTBILL and MICHAEL BRIGHTBILL, her son a minor by his Parent and Guardian, DAWN BRIGHTBILL, : Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-632 v. CIVIL ACTION - LAW CAROL PATRYN and LAURA M. PATRYN, Defendants INTERROGATORIES PROPOUNDED BY DEFENDANT TO BE ANSWERED BY THE PLAINTIFF - FIRST SET TO: Dawn Brightbill c/o Douglas G. Miller, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 PURSUANT TO THE PROVISIONS of Pa. RC.P. 4005 and 4006, as amended, you are required to file the original, and serve a copy on the undersigned, of your Answers and Objections, if any, in writing and under oath, to the following Interrogatories within thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the spaces provided following each Interrogatory. If there is insufficient space to answer an Interrogatory, the remainder of the Answer shall follow on a supplemental sheet. These Interrogatories shall be deemed to be continuing in nature pursuant to Pa. R.C.P. 4005 and 4006. If between the time of filing your original Answers to these Interrogatories and the time of trial of this matter, you or anyone acting in your behalf learns the identity and location of additional persons having knowledge of discoverable facts and the identity of persons expected to be called as an expert witness at trial not disclosed in your Answers, or if you or an expert witness obtains information upon the basis of which you or he knows that an Answer was incorrect when made, or know that an Answer though correct when made is no longer true, promptly supplement your original Answers under oath to include such information thereafter acquired, and promptly furnish such a Supplemental Answer on the undersigned. Respectfully submitted, NEALON & GOVER, P.C. By: -?,$~ Brian R. Sinne, squire Attorney I.D. No. 84188 2411 North Front St. Harrisburg, PA 17110 (717) 232-9900 Date: ~'7h5 1. Please set forth your full legal name. ANSWER: 2. Please set forth any other names which you have used, the inclusive dates during which each such name was used and the reason for such usage. ANSWER: 3. Please set forth your present address, any address used by you during the last ten (10) years and the dates on which you utilized each such address. ANSWER: 4. Please set forth your date of birth and the state, county and city of your birth. ANSWER: 5. Please set forth your social security number. ANSWER: 6. State the names of all spouses with whom you have been married in the past ten (10) years indicating the date and place of each marriage, and the date and reason for the termination of each marriage, including the term and number of any divorce action. ANSWER: 7. Have you ever been a member of the Armed Services? If so, state: (a) the branch of the military service in which you served; (b) the highest military rank you obtained; (c) your serial number; (d) the inclusive dates of services; (e) the type of discharge you received; and (f) whether or not you served in combat. ANSWER: 8. A copy of the Declarations Page covering the automobile insurance policy under which the plaintiff was an insured at the time of the accident. ANSWER: 9. Have you ever been convicted of a felony or misdemeanor? If so, state: (a) the count and state in which you were convicted; (b) the nature of the felony or misdemeanor of which you were convicted; (c) whether such conviction resulted from a jury verdict, plea of guilty or plea of nolo contendere; (d) the date of your conviction; (e) the name and address of the tribunal imposing sentence; (f) the title of the cause and case number assigned by said tribunal to your case; (g) the nature of the sentence imposed; and (h) the dates and places of any facility in which you were incarcerated. ANSWER: 10. Please identify your current employer and each employer for whom you have worked during the past five years and set forth as to your current employer and each past employer: (a) the identity and legal address of your employer(s); (b) your job title and duties during the course of each such employment; (c) dates of employment; (d) your rate of pay; (e) the number of hours you usually worked each week at each such employment; (f) the name, business and residence address and telephone number of your immediate supervisor at each such employment; and (g) the reason for leaving each past employer. ANSWER: 11. Have you ever made a claim for personal injuries or property damage under any insurance policy, or against any person, firm or corporation or to any governmental agency? If so, state: (a) the name and address of the person or entity against whom such claim was made; (b) a description of each injury or damage which was the subject of each such claim; (c) the name and address of the tribunal where such claim was filed, the title of the cause, case or claim and the number assigned by the tribunal to such cause, case or claim; (d) the name and address of the insurer affording coverage applicable to said claim and the claim number assigned to said claim; (e) the date and manner in which you suffered the injuries or damage giving rise to such claim; and (f) the date and amount of money paid, if any, to settle or otherwise satisfy said claim. . ANSWER: 12. Have you ever suffered any injuries in any accident, either prior or subsequent to the incident referred to in the Complaint? If so, provide: (a) the date, time and place of the accident; (b) a detailed description of the manner in which the accident occurred; (c) the names and addresses of all physicians, hospitals or health care providers who rendered any treatment to you; (d) the nature of any injuries sustained; (e) the extent of recovery; and (f) the nature of any compensation received. ANSWER: 13. State in detail the nature of the injury or injuries you allege that you suffered as a result of the incident referred to in the Complaint and with respect thereto, indicate the extent and nature of any disability, the location of pain suffered and duration and intensity of such pain, and whether you suffered restraint of your normal activities due to the injuries including the nature of such restraint and the date(s) of such restraint. ANSWER: 14. If you received any treatment with respect to the injuries allegedly suffered, state: (a) the name and address of each physician, hospital or health care provider in which you were treated or admitted; (b) the dates on which said treatment was rendered, including the dates of entry and discharge into and from said hospital or hospitals; (c) describe the services rendered by each of the physicians, hospitals or health care providers listed above; (d) itemize the cost and expenses of all treatment received. ANSWER: 15. Since the date of the incident referred to in your Complaint, have you been treated by or examined by, or conferred with any other physician, surgeon, osteopath, chiropractor, or medical or dental practitioner of any type whatsoever whose name you have not heretofore supplied? If so, indicate: (a) the name and address of each medical practitioner of any type who has examined, treated, conferred or consulted- with you; (b) the date of such examination, treatment or consultation; and (c) the condition for which said treatment was provided. ANSWER: 16. Have you sustained any loss of wages, financial loss or diminution in earning capacity as a result of the incident complained of? If so, describe the nature and amount of such loss or losses. ANSWER: 17. If you have incurred any medical bills or expenses of any kind in connection with the alleged injuries not heretofore listed, state the person with whom such bill was incurred, the amount of such bill and the service or thing for which the bill was rendered. ANSWER: 18. If you are still receiving medical service or treatment or any nature whatsoever, state the name(s) or the person(s) attending you, the approximate frequency of said treatment or service and the date you last received said treatment or service. ANSWER: 19. Have you consulted in the past 10 years with any physician, hospital or health care provider for any illness, injury, surgical procedure, hospitalization or institutional confinement? If so, state: (a) the name and address of the physician, hospital or health care provider with whom you consulted or were treated; (b) the dates of such consultation; and (c) the nature of the illness, injury or ailment for which the consultation was sought. ANSWER: 20. Do you have a family physician or other health care provider with whom you consult for general physical or mental complaints? If so, provide the name and address of such family physician or health care provider? ANSWER: 21. Have you ever been involved in a motor vehicle accident other than the incident referred to in the Complaint? If so, provide, for each accident: (a) the date of the accident; (b) the state, county and city, township or borough where the accident occurred; (c) the names and addresses of all operators of other motor vehicles involved in the accident; (d) a description of the accident; (e) the nature of any injuries sustained; (f) the names and addresses of all health care providers who treated you for any injuries; and (g) the identity of the police force that investigated the accident. ANSWER: 22. List all hobbies and forms of recreation in which you have participated in the last ten (10) years. ANSWER: 23. Identify by name and address of.owner and by the make, model and year, each vehicle known or believed by you to have been involved, directly or indirectly, in the accident referred to in the Complaint. ANSWER: " 24. State in detail the manner in which you assert that the incident referred to in the Complaint occurred, specifying the speed, position, direction and location of each vehicle involved during its approach to, at the time of, and immediately after the collision. ANSWER: " 25. List the names and addresses of all person known or believed by you or any person acting on your behalf, to have firsthand knowledge of the facts and circumstances of the incident or of the events leading up to or following the incident. ANSWER: " 26. List the names and addresses of all persons, including potential expert witnesses, from whom you or anyone acting on your behalf has obtained any information and/or statements as to how the incident happened or the cause of the incident. ANSWER: 27. State the full name and last known address, giving the street, street number, city and state of every witness known to you, or to your attorneys, or representatives, who claim to have seen or heard any party to this action make any statement or statements pertaining to any of the events or happenings which is the subject of this suit. ANSWER: ,. 28. Provide the name and address of each person who you know or believe conducted an investigation concerning the incident referred to in the Complaint. ANSWER: . . ,. 29. At the time of the incident referred to in your Complaint, did you have any condition for which you wore eyeglasses, or for which eyeglasses had been prescribed for you, and if so, state whether you were wearing eyeglasses at the time of the incident referred to in the Complaint. ANSWER: . - " 30. Were you ever charged for any violation of the motor vehicle or traffic laws or ordinances of any state or municipality arising out of the incident referred to in your Complaint? If so, state by whom and before whom you were charged and the disposition of the charge. ANSWER: . - , , 31. If you intend to call any technicians or experts (including medical experts) as witnesses during the trial of this action, please state with respect to each such technician or expert: (a) his name, address, and the professional occupation and field in which he is an expert (you may attach his curriculum vitae); (b) the subject matter on which the expert is expected to testify and the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion: (c) if the opinion is based upon a medical or scientific rule or principle, or is based upon any code, regulation, standard (governmental or otherwise) or is based upon any scientific, medical or engineering textbook or publication, identify the scientific or medical rule or principle, code or regulation or scientific, medical or engineering textbook orpublication; (d) whether any of the experts were compensated for their work and efforts in connection with this action and, if so, state how much the expert is to be paid, whether he has already been paid, and if not, when he will be paid. ANSWER: . . 32. Have you ever applied for insurance and/or no-fault benefits as a result of the injuries sustained in this accident? If so, state: (a) the name and address of the insurance carrier to whom you have applied; (b) the adjuster or claims person handling the file; (c) the applicable c1aim(s) number; (d) whether any part of your claim has been rejected. ANSWER: . . CERTIFICATE OF SERVICE AND NOW, this 14th day of March, 2003, I hereby certify that I have served the foregoing Interrogatories Propounded by Defendant to be Answered by the Plaintiff - First Set on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Douglas G. Miller, Esquire Irwin, McKnight & Hughes 60 West Pomfret St. Carlisle, PA 17013 ~.,<~ Brian R. Sinnett, Esquire '. '~ , . . DAWN BRIGHTBILL and MICHAEL BRIGHTBILL, her son a minor by his Parent and Guardian, DAWN BRIGHTBILL, : Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-632 v. CIVIL ACTION - LAW CAROL PATRYN and LAURA M. PATRYN, Defendants INTERROGATORIES PROPOUNDED BY DEFENDANT TO BE ANSWERED BY THE PLAINTIFF - FIRST SET TO: Michael Brightbill c/o Douglas G. Miller, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 PURSUANT TO THE PROVISIONS of Pa. RC.P. 4005 and 4006, as amended, you are required to file the original, and serve a copy on the undersigned, of your Answers and Objections, if any, in writing and under oath, to the following Interrogatories within thirty (30)' days after service of the Interrogatories. The Answers shall be inserted in the spaces provided following each Interrogatory. If there is insufficient space to answer an Interrogatory, the remainder of the Answer shall follow on a supplemental sheet. . , These Interrogatories shall be deemed to be continuing in nature pursuant to Pa. RC.P. 4005 and 4006. If between the time of filing your original Answers to these Interrogatories and the time of trial of this matter, you or anyone acting in your behalf learns the identity and location of additional persons having knowledge of discoverable facts and the identity of persons expected to be called as an expert witness at trial not disclosed in your Answers, or if you or an expert witness obtains information upon the basis of which you or he knows that an Answer was incorrect when made, or know that an Answer though correct when made is no longer true, promptly supplement your original Answers under oath to include such information thereafter acquired, and promptly furnish.such a Supplemental Answer on the undersigned. Respectfully submitted, NEALON & GOVER, P.C. By: ~~~- Brian R. Sinnett, Esquire Attorney /.D. No. 84188 2411 North Front St. Harrisburg,PA 17110 (717) 232-9900 Date: "}~7 , . . , 1. Please set forth your full legal name. ANSWER: 2. Please set forth any other names which you have used, the inclusive dates during which each such name was used and the reason for such usage. ANSWER: 3. Please set forth your present address, any address used by you during the last ten (10) years and the dates on which you utilized each such address. ANSWER: birth. 4. Please set forth your date of birth and the state, county and city of your ANSWER: '. , 5. Please set forth your social security number. ANSWER: , ' 6. State the names of all spouses with whom you have been married in the past ten (10) years indicating the date and place of each marriage, and the date and reason for the termination of each marriage, including the term and number of any divorce action. ANSWER: 7. Have you ever been a member of the Armed Services? If so, state: (a) the branch of the military service in which you served; (b) the highest military rank you obtained; (c) your serial number; (d) the inclusive dates of services; (e) the type of discharge you received; and (f) whether or not you served in combat. ANSWER: 8. A copy of the Declarations Page covering the automobile insurance policy under which the plaintiff was an insured at the time of the accident. ANSWER: , ' . , 9. Have you ever been convicted of a felony or misdemeanor? If so, state: (a) the count and state in which you were convicted; (b) the nature of the felony or misdemeanor of which you were convicted; (c) whether such conviction resulted from a jury verdict, plea of guilty or plea of nolo contendere; (d) the date of your conviction; (e) the name and address of the tribunal imposing sentence; (f) the title of the cause and case number assigned by said tribunal to your case; (g) the nature of the sentence imposed; and (h) the dates and places of any facility in which you were incarcerated. ANSWER: . . 10. Please identify your current employer and each employer for whom you have worked during the past five years and set forth as to your current employer and each past employer: (a) the identity and legal address of your employer(s); (b) your job title and duties during the course of each such employment; (c) dates of employment; (d) your rate of pay; (e) the number of hours you usually worked each week at each such employment; (f) the name; business and residence address and telephone number of your immediate supervisor at each such employment; and . (g) the reason for leaving each past employer. ANSWER: 11. Have you ever made a claim for personal injuries or property damage under any insurance policy, or against any person, firm or corporation or to any governmental agency? If so, state: (a) (b) (c) (d) (e) (f) ANSWER: the name and address of the person or entity against whom such claim was made; a description of each injury or damage which was the subject of each such claim; the name and address of the tribunal where such claim was filed; the title of the cause, case or claim and the number assigned by the tribunal to such cause, case or claim; the name and address of the insurer affording coverage applicable to said claim and the claim number assigned to said claim; the date and manner in which you suffered the injuries or damage giving rise to such claim; and the date and amount of money paid, if any, to settle or otherwise satisfy said claim. 12. Have you ever suffered any injuries in any accident, either prior or subsequent to the incident referred to in the Complaint? If so, provide: (a) the date, time and place of the accident; (b) a detailed description of the manner in which the accident occurred; (c) the names and addresses of all physicians, hospitals or health care providers who rendered any treatment to you; (d) the nature of any injuries sustained; (e) the extent of recovery;and (f) the nature of any compensation received. ANSWER: 13. State in detail the nature of the injury or injuries you allege that you suffered as a result of the incident referred to in the Complaint and with respect thereto, indicate the extent and nature of any disability, the location of pain suffered and duration and intensity of such pain, and whether you suffered restraint of your normal activities due to the injuries including the nature of such restraint and the . date(s) of such restraint. ANSWER: 14. If you received any treatment with respect to the injuries allegedly suffered, state: (a) the name and address of each physician, hospital or health care provider in which you were treated or admitted; (b) the dates on which said treatment was rendered, including the dates of entry and discharge into and from said hospital or hospitals; (c) describe the services rendered by each of the physicians, hospitals or health care providers listed above; (d) itemize the cost and expenses of all treatment received. ANSWER: 15. Since the date of the incident referred to in your Complaint, have you been treated by or examined by, or conferred with any other physician, surgeon, osteopath, chiropractor, or medical or dental practitioner of any type whatsoever whose name you have not heretofore supplied? If so, indicate: (a) the name and address of each medical practitioner of any type who has examined, treated, conferred or consulted with you; (b) the date of such examination, treatment or consultation; and (c) the condition for which said treatment was provided. ANSWER: " ' 16. Have you sustained any loss of wages, financial loss or diminution in earning capacity as a result of the incident complained of? If so, describe the nature and amount of such loss or losses. . ANSWER: 17. If you have incurred any medical bills or expenses of any kind in connection with the alleged injuries not heretofore listed, state the person with whom such bill was incurred, the amount of such bill and the service or thing for which the bill was rendered. ANSWER: '. . 18. If you are still receiving medical service or treatment or any nature whatsoever, state the name(s) or the person(s) attending you, the approximate frequency of said treatment or service and the date you last received said treatment or service. ANSWER: 19. Have you consulted in the past 10 years with any physician, hospital or health care provider for any illness, injury, surgical procedure, hospitalization or institutional confinement? If so, state: (a) the name and address of the physician, hospital or health care provider with whom you consulted or were treated; (b) the dates of such consultation; and (c) the nature of the illness, injury or ailment for which the consultation was sought. ANSWER: 20. Do you have a family physician or other health care provider with whom you consult for general physical or mental complaints? If so, provide the name and address of such family physician or health care provider? ANSWER: 21. Have you ever been involved in a motor vehicle accident other than the incident referred to in the Complaint? If so, provide, for each accident: (a) the date of the accident; (b) the'state, county and city, township or borough where the accident occurred; (c) the names and addresses of all operators of other motor vehicles involved in the accident; (d) a description of the accident; (e) the nature of any injuries sustained; (f) the names and addresses of all health care providers who treated you for any injuries; and (g) the identity of the police force that investigated the accident. ANSWER: 22. List all hobbies and forms of recreation in which you have participated in the last ten (10) years. ANSWER: 23. Identify by name and address of owner and by the make, model and year, each vehicle known or believed by you to have been involved, directly or indirectly, in the accident referred to in the Complaint. ANSWER: " 24. State in detail the manner in which you assert that the incident referred to in the Complaint occurred, specifying the speed, position, direction and location of each vehicle involved during its approach to, at the time of, and immediately after the collision. ANSWER: i', 25. List the names and addresses of all person known or believed by you or any person acting on your behalf, to have firsthand knowledge of the facts and circumstances of the incident or of the events leading up to or following the incident. ANSWER: . ~ \ I 26. List the names and addresses of all persons, including potential expert witnesses, from whom you or anyone acting on your behalf has obtained any information and/or statements as to how the incident happened or the cause of the incident. ANSWER: ,. . , 27. State the full name and last known address, giving the street, street number, city and state of every witness known to you, or to your attorneys, or representatives, who claim to have seen or heard any party to this action make any statement or statements pertaining to any of the events or happenings which is the subject of this suit. ANSWER: 28. Provide the name and address of each person who you know or believe conducted an investigation co'ncerning the incident referred to in the Complaint. ANSWER: q, . 29. At the time of the incident referred to in your Complaint, did you have any condition for which you wore eyeglasses, or for which eyeglasses had been prescribed for you, and if so, state whether you were wearing eyeglasses at the time of the incident referred to in the Complaint. ANSWER: ','" 30. Were you ever charged for any violation l:lf the motor vehicle or traffic laws or ordinances of any state or municipality arising out of the incident referred to in your Complaint? Ifso, state by whom and before whom you were charged and the disposition of the charge. ANSWER: 31 . If you intend to call any technicians or experts (including medical experts) as witnesses during the trial of this action, please state with respect to each such technician or expert: (a) his name, address, and the professional occupation and field in which he is an expert (you may attach his curriculum vitae); (b) the subject matter on which the expert is expected to testify and the substance of the facts and opinions to which the expert is expected to testify and a summary of the groundS for each opinion; (c) if the opinion is based upon a medical or scientific rule or principle, or is based upon any code, regulation, standard (governmental or otherwise) or is based upon any scientific, medical or engineering textbook or publication, identify the scientific or medical rule or principle, code or regulation or scientific, medical or engineering textbook or publication; (d) whether any of the experts were compensated for their work and efforts in connection with this action and, if so, state how much the expert is to be paid, whether he has already been paid, and if not, when he will be paid. ANSWER: . , 32. Have you ever applied for insurance and/iJr no-fault benefits as a result of the injuries sustained in this accident? If so, state: (a) the name and address of the insurance carrier to whom you have applied; (b) the adjuster or claims person handling the file; (c) the applicable claim(s) number; (d) whether any part of your claim has been rejected. ANSWER: " ,.~. CERTIFICATE OF SERVICE AND NOW, this 14th day of March, 2003, I hereby certify that I have served the foregoing Interrogatories Propounded by Defendant to be Answered by the Plaintiff - First Set on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Douglas G. Miller, Esquire Irwin, McKnight & Hughes 60 West Pomfret St. Carlisle, PA 17013 ~./{.. ~ Brian R. Sinnett, Esquire CERTIFICATE OF SERVICIj; AND NOW, this ,~ day of March, 2004, I hereby certify that I have served the foregoing Motion to Compel Answers on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Douglas G. Miller, Esquire Irwin, McKnight & Hughes 60 West Pomfret St. Carlisle,PA 17013 1~tL~r-- Michael S. Ferguson, Esquire . C2 ...., r.~.-:) C,":;' .1;- () -1l :~ fi1::::ry r- ~;;~ ~ :'J -.~ ,) jff} ;;-.-1 ': ;:.J --1 -~ \;' f','l c..ij '- ~-< DAWN BRIGHTBILL and MICHAEL BRIGHTBILL, her son, a minor, by his parent and guardian, DAWN BRIGHTBILL, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW vs. NO. 02-0632 CIVIL CAROL PATRYN and LAURA M. PATRYN, Defendants IN RE: MOTION TO COMPEL ORDER AND NOW, this II:. 2 -! day of March, 2004, a rule is issued on the plaintiffs to show cause why the relief requested in the within motion to compel answers to discovery ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, A)"ouglas G. Miller, Esquire For the Plaintiffs . /lJ ..Michael S. Ferguson, Esquire For the Defendants :rlm ~ R:Ks 03'~~'O~ , 6" "-'1 . ;::1 'U S Z i}/t! /'i002 ::!D DAWN BRIGHTBILL and MICHAEL BRIGHTBILL, her son a Minor by his Parent and Guardian, DAWN BRIGHTBILL, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW CAROL PATRYN and LAURA M. PATRYN Defendants : NO. 2002-632 PLAINTIFFS' ANSWER TO DEFENDANTS MOTION TO COMPEL AND NOW, this 9th day of April, 2004, comes the Plaintiffs, DAWN BRIGHTBILL and MICHAEL BRIGHTBILL, her son, by and through their attorneys, Irwin & McKnight, and make the following Answer to the Motion to Compel filed by Defendants, CAROL PATRYN and LAURA M. PATRYN, averring as follows: I. The averments of fact contained in paragraph one (1) of the Motion are admitted. 2. The averments of fact contained in paragraph two (2) are admitted. 3. The averments offact contained in paragraph three (3) are admitted. 4. The averments of fact contained in paragraph four (4) are admitted. 5. The averments of fact contained in both paragraph fives (5) are admitted. 6. The averments of fact contained in paragraph six (6) are admitted. By way of further answer counsel for Plaintiffs has had difficulty in contacting Plaintiff Michael Brightbill to obtain his Answers to Interrogatories. Michael Briightbill is currently in college in Texas, and because of limited finances rarely returns to Pennsylvania. 7. The averments of fact contained in paragraph seven (7) are admitted. 8. The averments of fact contained in paragraph eight (8) are admitted. 9. The averments of fact contained in paragraph nine (9) are specifically denied and strict proof thereof is demanded at trial. By way of further answer, the Answers to Interrogatories of Plaintiff Dawn Brightbill as well as the Responses to Request for Production of Documents have been served upon counsel for Defendants on this date. Legal counsel for Plaintiffs has and will continue to seek the responses of Plaintiff Michael Brightbill. 10. The averments of fact contained in paragraph ten (10) are conclusions of law to which no response is required. WHEREFORE, Plaintiff respectfully requests that this Court deny Defendants' motion to compel and allow Plaintiffs counsel additional time to obtain Michael Brightbill's discovery responses. IRWIN & McKNIGHT :~. iller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiffs I CERTlFICA TE OF SERVICE of the foregoing document upon the persons indicated below by regular United States mail, I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: MICHAEL S. FERGUSON, ESQUIRE NEALON & GOVER 2411 NORTH FRONT STREET HARRISBURG, PA 17I10 Date: April /tJ., 2004 IRWIN & McKNIGHT ~L ~AA.J.tA Douglas Miller, Esquire Supreme Court J.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiffs Dawn Brightbill and Michael Brightbill o c: .,..- t'<'1 c.:::> C~ "'- >- -I) :;:'U o -n ---1 :T ril =-~J r-'- TJrn :ljCJ """.:),1 ".1'-_) -:---'f, :i:::J :>C) -)In , f'-' -';:' ...r:- 1.0 DA WN BRIGHTBILL and MICHAEL BRIGHTBILL, her son a Minor by his Parent and Guardian, DAWN BRIGHTBILL, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LA W CAROL PATRYN and LAURA M. PATRYN Defendants : NO. 2002-632 PLAINTIFFS' ANSWER TO DEFENDANTS' NEW MATTER ~ AND NOW, this tX.) day of June, 2004, come the Plaintiffs, DAWN BRIGHTBILL and MICHAEL BRIGHTBILL, by and through their attorneys, Irwin & McKnight, and make the following Answer to the New Matter filed by Defendants, CAROL PATRYN and LAURA M. PATRYN, averring as follows: 23. The averments of fact contained in the Plaintiffs' Complaint are hereby incorporated by reference and are made part of this Answer to the Defendants' New Matter. 24. The averments contained in paragraph twenty-four (24) of Defendants' New Matter are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof the:reof is demanded at trial. specifically denied and strict proof thereof is demanded at trial. which no response is required. To the extent that a response is required, the averments are 25. The averments contained in paragraph twenty-five (25) are conclusions of law to the Plaintiffs and award Plaintiffs the relief requested in their Complaint. WHEREFORE, Plaintiffs respectfully request that tlus Court enter judgment in favor of Respectfully Submitted, IRWIN, McKNIGHT & HUGHES Date: June~, 2004 ~, I r Douglas l Miller, Esquire Supreme I~ourt J.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249.-2353 Attorney for Plaintiffs 2 DAWN BRIGHTBILL and MICHAEL BRIGHTBILL, her son a Minor by his Parent and Guardian, DAWN BRIGHTBILL, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW CAROL PATRYN and LAURA M. PATRYN Defendants : NO. 2002-632 CERTIFICATE OF SERVICE - I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Michael S. Ferguson, Esquire Nealon & Gover 2411 North Front Street Harrisburg, Pennsylvania 17110 Attorney for Defendants Date: June rJ-J. , 2004 IRWIN & McKNIGHT "If. /J;lA Douglas . Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiffs .-> => c.;.:> -C" '-= c... :L~~ !"."J N -u r:~ (,)1 -.I o -n :-;:1 ~.TJ J,"itf"'1" -ern =rJ~ '~6 ~~~ ~~ (,')rn " ,.''- CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DAWN & MICHAEL BRIGHTBILL TERM, -vs- CASE NO: 2002-632 CAROL & LAURA PATRYN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL FERGUSON, ESQ. 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: 07/20/2004 (M~~m }eh~4 c;: Zf~~u~~) j' Attorney for DEF NDANT' v DEll-S04996 57614 - L 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS DAWN & MICHAEL BRIGHTBILL TERM, -VS- CASE NO: 2002-632 CAROL & LAURA PATRYN NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCOMENTS AND THINGS FOR DISCOVERY PURSUANT TO Rill.B 4009.21 YELLOW BREECHES FAMILY PRACT. MECHANICSBURG FAMILY MEDICAL RECORDS & XRAY:S MEDICAL RECORDS & XRAY:S TO: DOUGLAS MILLER, ESQ., PLAINTIFF COUNSEL MCS on behalf of MICHAEL FERGUSON, ESQ. intend; to serve a subpoena identical to the one tbat 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. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/30/2004 14CS on behalf of IHCHAEL FERGUSON, ESQ. J\ttorney for DEFENDANT CC: MICHAEL FERGUSON, ESQ. PATRICIA HOFFMAN - 03-103 Any questions regarding this matter, contact 1mE MCS GROUP INC. 1601 MARKET STREET nsoo PHILADELPHIA, PA 19103 1:215) 246-0900 DEO,!-2705S7 57614 -CO:2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DAWN & MICHAEL BRIGHTBILL FileNo. 2002-632 vs. CAROL & LAURAPATRYN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULJ~ 4009.22 TO: Custodian of Records for YELLOW BREECHES FAMILY PRACT. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by th,e court to produce the following documents or things: **** SEE ATTACHED RIDER **** at TheMCSGroqp Inc ]601 Market Street Suite 800 Philadelphia PA ]9103 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. 1HIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: MICHAEL FERGUSON. ESO. 2411 N FRONT ST HARRISBURG PA 171 ]0 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: ). JUL 2 0 2004 ... ~ ~ :Jrvy I Seal of the Court BY THE COURT: ~1/L Prothonotary/Clerk, Civil ~0 eputy 57614-01 EXPLANATION OF REQUIRED Rl~CORDS TO: CUSTODIAN OF RECORDS FOR: YELLOW BREECHES FAMILY PRACT. 1358 LUTZTOWN ROAD BOILING SPRINGS, PA 17007 RE: 57614 DAWN BRIGHTBILL Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. INCLUDING DIAGNOSTIC FILMS Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and dillgnostic file, including but not limited to any and all records, correspondence to and from the consulting andlor treating physicians, files, memoranda, handwritten notes, history and physil:al reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic forlln, relating to any eXllminlltion, consultation, dill~, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : DAWN BRIGHTBILL 582 W. WUTHER ST., CARLISLE, PA 17013 Social Security #: 191-42-9587 Date of Birth: 01-05-1965 SUlO-511662S7614-LOl CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DAWN & MICHAEL BRIGHTBILL TERM, -VS- CASE NO: 2002-632 CAROL & LAURA PATRYN AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL FERGUSON, ESQ. 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. MCS on behalf of DATE: 07/20/2004 MICHAEL FERGUSON, ESQ. Attorney for DEFENDANT DEl1-504997 57614 -LO 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS DAWN & MICHAEL BRIGHTBILL TERM, -VS- CASE NO: 2002-632 CAROL & LApRA PATRYN NOTICE: OF INTENT TO SERVE: A SUBPOBNA TO PRODUCE: DOCUMBNTS AND THINGS FOR DISCOVERY PURSUANT TO RULB 4009.21 YELLOW BREECHES FAMILY PRACT. MECHANICSBURG FAMILY MEDICAL RECORDS & XRAYS: MEDICAL RECORDS & XRAYS: TO: DOUGLAS MILLER, ESQ., PLAINTIFF COUNSEL MCS on behalf of MICHAEL FERGUSON, ESQ. 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. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/30/2004 ~ICS on behalf of 21ICHAEL FERGUSON, ESQ. }.ttorney for DEFENDANT CC: MICHAEL FERGUSON, ESQ. PATRICIA HOFFMAN - 03-103 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02:-270587 57614 - C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DAWN & MICHAEL BRIGHTBILL FileNo. 2002-632 vs. CAROL & LAURA PATRYN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MECHANICSBURG F AMIL Y (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by thl: court to produce the following documents or things: .... SEE ATTACHED RIDER .... at The MCS Group Ine ]601 Market Street Suite 800 Philadelnhia PA 19103 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: NAME: ADDRESS: MICHAEL FERGUSON. ESO. 2411 N. FRONT ST HARRlSBURG.PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY:1::>URT: R ~ L-) . Prothonotary/Clerk, Civil .iViSiOif' C 4h--,~ Deputy JUL 2 0 2004 Date: --.JJ..t ~ d.s; ~ocr Seal of the Court 57614-02 EXPLANATION OF REQUIRED lU~CORDS TO: CUSTODIAN OF RECORDS FOR: MECHANICSBURG FAMILY PRACTICE CENTER 122 S. FILBERT STREE MECHANICSBURG, PA 17055 RE: 57614 DAWN BRIGHTBILL Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. INCLUDING DIAGNOSTIC FILMS Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and tli"gTIo'ltic file, including but not limited to any and all records, correspondence to and from the consulting andlor treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subseque~~::~rts, inc~ any and all such iltems as may be stored in a computer ase or OtherwISe in electronic fonn, relating to any ex:nnin"tion, consultation, tli'lgnosis, care or tre"~nt pertaining to: Dates Requested: up to and including the present. Subject : DAWN BRIGHTBILL 582 W. WUTHER. ST., CARLISLE, PA 17013 Social Security #: 191-42-9587 Date of Birth: 01-05-1965 5U10-511664S7614-L02 ~_>. ,-) c- .:::- ....., ....., c.:;, c~) ~- o ., ";:I N'i':Il ,- -Ol"1i ::rJO ()_l. --..,,,-) 'f'''' ;- ::j .--;?C) :5fij z'-: <..... r:~~ I~ ~" N ::'::'.. .0;:, ~-< CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DAWN & MICHAEL BRIGHTBILL TERM, -vs- CASE NO: 2002-632 CAROL & LAURA PATRYN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL FERGUSON, ESQ. 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: 07/20/2004 MCS on J;ra~ cSJ{.- c;:' ~~fo~1 -6' Attorney for DE FE DANT DEl1-504995 57613 -LO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS DAWN & MICHAEL BRIGHTBILL TERM, -VS- CASE NO: 2002-632 CAROL & LAURA PATRYN NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RID:.B 4009.21 YELLOW BREECHES FAMILY PRACT. MEDICAL RECORDS & XRAYS TO: DOUGLAS MILLER, ESQ., PLAINTIFF COUNSEL MCS on bebalf of MICHAEL FERGUSON, ESQ. intenc~ 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. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office; DATE: 06/30/2004 MCS on behalf of MICHAEL FERGUSON, ESQ. Attorney for DEFENDANT CC: MICHAEL FERGUSON, ESQ. PATTY HOFFMAN - 03 -103 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 D1~02-271244 57613 - C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DAWN & MICHAEL BRIGHTBILL FileNo. 2002-632 vs. CAROL & LAURAPATRYN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for YELLOW BREECHES F AMIL Y PRACT. (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: .... SEE ATTACHED RIDER .... at The MCS Groun Ine ]601 Market Street Suite 800 Philade]nhia fA ]9]03 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: NAME: ADDRESS: MICHAEL FERGUSON. ESO. 2411 N. FRONT ST. HARRISBURG. PA 171 10 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BYff COURT k;i; J;J.J.4b' ) Prothonotllly/Clerk, Civ' lviSi~ ~,. JUL 2 0 2004 Date: ....l,...\E ,;J~ ';)(:>01./ f Seal of the Court 57613-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: YELLOW BREECHES FAMILY PRACT. 1358 LUTZTOWN ROAD BOILING SPRINGS, PA 17007 RE: 57613 MICHAEL BRIGHTBILL Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. ANY AND ALL DIAGNOSTIC FILMS. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, fIles, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any exanlination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject: MICHAEL BRIGHTBILL 582 W. LOUTHER ST., CARLISLE, PA 19013 Social Security #: 178-64-5222 Date of Birth: 02-17-1984 SUlO-510988 57613 -LO 1 0 ....., 0 C-~ ~:' c=o -n ~ ..... <- :r:: -r (~~ fllj':": , -., rr~ f0 ,by N ~~(") '..-,"': ".,-, ~2::: tj~~ ?--~iI1 , ,- ;:~~ co ""- DAWN BRIGHTBILL and MICHAEL BRIGHTBILL, her son a Minor by his Parent and Guardian, DAWN BRIGHTBILL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-632 CIVIL 19 Plaintiffs v. CAROL PATRYN and LAURA M. PATRYN, Defendants RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE. THE JUDGES OF SAID COURT: Douglas G. Miller . counsel for the plaintiff/ll-....... in the above action (or actions). respectfully represents that: I. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is$ less than $2';.00.0.00 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators: Douglas G. Miller, Esquire and Casey Shore, Esquire and Michael Ferguson, Esquire WHEREFORE. your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT ~fAL# ~ DO~g;::F~ller, Esquire AND NOW, ,19_. in consideration of the foregoing petition. Esq., Esq., and actions) as prayed for. . Esq., are appointed arbitrators in the above captioned action (or By the Court, P.I. 1t -, " -C: -0 ~ ~ ~ ~ -. o C <:'. -065 t~r~-, Z:"T" zr c.h:,T. ~t::~ 2?',"'- b(....'; )~C ~ '!1 () 0- --.::. ,... ~ ~. ;0..... ~ i ~ ~' ....., ~ "" 2= z I -I -0 :x ~ ~ N ~ ~;;9 ~~ ~~ am -~ ~ Td 'uno:) :lljl h II 'JOJ p:lh1lJd se (SUO!I~e m) """n -- ~"'I' '. m ~".!qm "'modd. qm ""3' ~.. 6 t:"" pue "bstl ~,;::" r pr~ "bstl ~ f?l - .}' / 'uO!I!l:ld llu!oll:lJoJ IlI/1JO UO!leJ:lP1Suo:3'PC72.'" 6T' i? -.' 'MON aNY S"Tjjnoa ,UlnO;).>IO 1I3<Il10 'p:ll1!Wqns hIlnJP:lds:l~ 'p:ll1!wqns :lq I1eljs QSll~ Qljl wOlj^, 01 sJoleJl1qJe (E) Q'lJljllU!oddu 01 uno::> :llqUJOUOH mOh sheld JQuo!l!l:ld JnOh 'ffilOdffiltlHM aJlnbsa 'uosnjjJaa Ta"q"lW pu" aJlnbsa 'aJoqs AaSg~ pu" ~JTnbsa 'JaTT1W .~ SgTjjnoa :SJOjUJ1JqJe SllI~S 01 p:l!menbs!p :lSIA'\JQljIO :llU JO l:lsuno" Sll (s):lSU~ :lljl U! PQ1SQJQIU! QJe ShQWOlle llu!^,oIlOj :llJ.L S! UO!I~ll Qljl U! luepUQj:lp Qljl jO W!"pJQIUnO~ QlJ.L 00' 000' S Z$ uelp SSe [ $ S! UO!PU Illjl UUJ!IU!Uld :lljl jO wlep QlJ.L 'Z 'Qnssl III (QJe) S! (suo!pe JO) uo!pe p:luo!lde~-QAoqll:llJ.L '1 :Illljl SIU:lS:lld:ll hUn.jl:Y.lds;lJ '(suo!pe JO) Uop~u :lAOqll Qlj1 Uf l-W'f""O!P'PI1J!lu!llld Qljl JOJ psuno~' JeTHW .~ s"Tjjnoa :~~110::> OlYS dO StlDanr mu 'tl'IIWONOH tlill O~ SlIOJ.YlI.LIIDIY.>IO J.N3WJ.NIOddVlIO.>l NOI.L1.L3d :UUOj llu!^,o([oJ :llj1 U! h([\lpUlllsqns ;>q ([llljs SJOlllll!qJV JO lUQWIU!oddy JOj UO!!!IQd QlJ.L 'J-un 3'Illl s.u"puapa 'NA1IIVd 'W VlIflV1. PUg NXHIVd 1.0HV~ 'f<. sJn.ul"Td 61 'TIN::> ZS9-Z00Z 'ON '1.1.IalH~IHa ~va 'U"'PJ"n~ pu" .UeJ"d slq Aq JOUTW " uos Jeq 'llIHIH~IHa laVH~IW pu" llIalH~IHH ~va VINVi\'lASNNtld 'A.LN110::> aNV'DItlIIWI1::> dO Sy,nd NOWWO::> dO .HmO::> tlHJ. NI ~ c:"J ..::r Q N Y :IC 0.- i r- t re~ ::z: ~ ~ ~ ~ v~ ~ ~ -+- .......;. ,~ i f; s..... o? r~Z ,_____:0:: -~<).3 :")-- ,,""'(/) ")7 ~c.2 _.IJLU (DO- 3 -.I. "'-- () <l I.f., g \f a-' ;:y .....) - ~ '- ~~ '~d " ",,~ ~ ..,3 &~. \~A . rr \,.=) d <:.) \\ ~.~ o <;;~ ~~~\~, ~~, . , ~./ L~ (/;-,'-':-, f:{i~: ~ ~ ~ ~ ~ \ CP ~ 'Sl <.1' ;:" ~ %:!\ =3~ ~2tQ. ~< ,\ -,~..,., Of') -7('(\ 5 ..--\ ~ DAWN BRIGHTBILL and MICHAEL BRIGHTBILL, her son a Minor hy h;q P~rpnt and Guardian DAWN BRIGHTBILL, Plaintiff v. CAROL PATRYN and LAURA M. PATRYN, Defendant In The Court of Connon Pleas of Cumberland County, Pennsylvania No. 2002 - 632 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution 0 's Connonwealth and that we will discharge the duties of our office with fidelity. Jerry A. Weigle, Es ire Name (Chairman) Weigle & Associates, P.C. Law Firm 126 East King Street Address Shipoensburg, PA 17257 City, Zip --!a.kda -j~, Signature - y-r:-.O p.o'~ (. I~ Signature Tabetha A. Tanner, Esquire Michael Traxler, Esquire Name Name Tanner Law Office Law Finn 1300 Market Street, Suite 6 , Ahom & Kutulakis LLP Law Firm 36 South Hanover Street ; Address Address Lemoyne, PA 17043 City, Zip Carlisle, PA 17013 City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) ~~~ 1fttd':iP4 q, A. -~ .. ~I~.~ .._">f"'IW"';,o~...,~v. Notice of Entry of Award Now,the 6('1 day of ~,20 a> ~,at.3: j)... ,~.M.,theaboveawardwas entered upon the docket and notice therfPf given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ ;(Cf 0, ~0~~ B, Date of Hearing: <[, / z.tf /tJ6 Date of Award: <-b /7'//tJ~ {J+~i< GAjL f2dtr ~ -. :" . ':.n'~" - '~ ;.y"'h .~~,~;.- 90 Deputy ~ Q- if} ~ ;<.-<' ?; -(i:",p'- <:;;; -0"';1.) ur ~Q '"}: 'C?\ ~, ~~ -<> 17., ~i"" -<t. ., "yO tf. .~ ____ :2 -r-.:> ~ .i~~ . \ \- ttAb ~ v-,~' \.!\ '. .~\ \ ~ "-- IT ~ -1'- ,~ .s ... DAWN BRIGHTBILL and MICHAEL BRIGHTBILL, her son a Minor by his Parent and Guardian, DAWN BRIGHTBILL, Plaintiffs : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : 2002-632 CIVIL TERM CAROL PATRYN and LAURA M. PATRYN, Defendants : CIVIL ACTION - LAW NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that Plaintiffs, Dawn Brightbill and Michael appeals from Brightbill the award of the board of arbitrators entered in this case on August 24, 2005 A jury trial is demanded D. (Check box if a jury trial is demanded. Otherwise jury trial is waived.) I hereby certify that 1. the compensation of the arbitrators has been paid, or 2. appIicati_dlas:Jbel:R>DUIlII2'&':>permis!limrxto<:px~famta~xx (Strike out the inapplicable clause.) NOTE: compulsory arbitration is governed by Rule 1007.1 (b). (b) No affidavit or verification is required. ~) ~ '-, <;:-... ~ ~ v.., ~ r--=> ~ ~. ~ "-.... '0 ....",. 9....') ~ o o '""'Y?L ~ \" 1"" ::> ~-" ~ '-'<-- ,...., = c;:;;J cr' u> r' -'Q N N ...", r;;; ..-\ :1:....\ rnf~ -c(.1J ~I) '-....1 -;;..--'" I ~C) ~_,_ -"'l~,J (~)~~; ~).. C) Orn ---'j 2:5 :-<. ~~ l)? C,n -' ..~ PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) '1D THE PROTHOl'DI'ARY OF CUMBERLAND COUNTY Please list the following case: (Check one) X) for JURY trial at the next tenn of civil court. for trial without a jury. ----------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) Dawn Brightbill and Michael Brighbi1l, her son a Minor by his Parent and Guardian Dawn Brightbill, Civil Action - Law (X) Appeal from Arbitration (other) ( Plaintiff$ vs. Carol Patryn and Laura M. Patryn, The trial list will be called on S/I(.,/c0 and Trials comrence on Jw\c I J" JJ.J:t:> I (Defendant$ Pretrials will be held on J!t < ;l4 J.~ (Briefs are due 5 days before~ettials.) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 632 Civil Action ~ 2002 Indicate the attorney who will try case for the party who files this praecipe: Casey G. Shore, Esquire, Counsel for Defendants Indicate trial counsel for other parties if known: Douq1as G. Miller, Esquire, Counsel for Plaintiffs This case is ready for trial. Signed: ~JJ~~ ~ Print Narre: Casey G. Shore Date: Attorney for: Defendants (') c: ~:" -0t'}i QJr; t:: -. ,.-:' :jj ~<. C::( -' ~,' ~>,;;. \,,_. ~ N> = = --' (') .... ~ rn:!! ,. -om ~~)y '~::::;Cl ~~;~ ;::~ ..,"', :,J I ~, >' :-;.0 .< <- :to- :z: N -.J -c-; :x ~ N W ---'""- ,-- - DAWN BRIGHTBILL and MICHAEL BRIGHTBILL, her son a Minor by his Parent and Guardian, DAWN BRIGHTBILL, Plaintiffs v. CAROL PATRYN and LAURA M. PATRYN, Defendants : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : 2002-632 CIVIL TERM : CIVIL ACTION - LAW STIPULATION TO LIMITATION OF MONETARY RECOVERY PURSUANT TO RULE 1311.1 TO: Carol Patryn and Laura M. Patryn c/o Casey Shore, Esquire 2411 North Front Street Harrisburg, PA 17110 Dawn Brightbill and Michael Brightbill, Plaintiffs, stipulate to $15,000.00 as the maximum amount of damages recoverable upon the trial of the Appeal from the award of arbitrators in the above-captioned action. Date: April 24, 2006 Respectfully submitted, IRWIN & MCKNIGHT Miller, Esquire Supreme ourt ill # 83776 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Plaintiffs ~ CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: CASEY SHORE, ESQUIRE NEALON & GOVER, P.C. 2411 NORTH FRONT STREET HARRISBURG, PA 17110 Date: April 24, 2006 IRWIN & McKNIGHT _.i DAWN BRIGHTBILL and MICHAEL BRIGHTBILL, her son a minor by his Parent and Guardian, DAWN BRIGHTBILL,: Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW () k <' ""'fJet- (:') [--- o -n ~:n .. -am CDO '-'\ T ':':;j ~i-,~ -n I';:;. ~n :J:: '''C') >{~~- _ onl :;:~ ~ >l Edgal(nB. ::i! ....., = = 0' :J:: > -< N .\0" CAROL PATRYN and LAURA M. PATRYN, Defendants S' NO. 02-0632 CIVIL TESM. .~:: , . PRETRIAL CONFERENCE AND NOW, this 24th day of May, 2006, before Bayley, Judge, present for the plaintiffs was Douglas G. Miller, Esquire, and for the defendants, Michael S. Ferguson, Esquire. Trial counsel for defendants will be Casey G. Shore, Esquire. This is an appeal from arbitration. Laura M. patryn, the daughter of Carol patryn, was driving Carol's vehicle on February 5, 2005, when she rear-ended a vehicle operated by Dawn Brightbill. Brightbill seeks damages limited to a maximum of $15,000.00 pursuant to Pennsylvania Rule of Civil Procedure 1311.1. The liability of Laura patryn is admitted, but causation as to damages and damages are contested. Plaintiffs' claim against Carol Patryn is based on negligent entrustment. Counsel shall provide the trial judge a memorandum on that legal principle, together with proposed points for charge, at the commencement of trial. Any points for charge can be supplemented at the close of all testimony. Estimated time for this one day. Douglas G. Miller, Esquire For Plaintiffs Edgar B. Bayley, J. Casey G. Shore, Esquire For Defendants prs ... DAWN BRIGHTBILL and MICHAEL BRIGHTBILL, her son a Minor by Ws Parent and Guardian, DAWN BRIGHTBILL, Plaintiffs v. CAROL PATRYN and LAURA M. PATRYN Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW : : NO. 2002.632 PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned case settled and discontinued. Date: August 10, 2006 Respectfully submitted, IRWIN & McKNIGHT By: Douglas Supreme ourt ID #83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiffs .." , - CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: CASEY SHORE, ESQUIRE NEALON & GOVER, P.C. 2411 NORTH FRONT STREET HARRISBURG, PA 17110 Date: 7f/ It) IoU( I2.,WIN&.McKNIGHT ~)5L~ Douglas . Miller, Esquire Supreme Court J.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiffs o c :g;: "'T.JO) ~~~: en ), ~il:, ::r;' -Z-C'-i -0 5>C: ~ - ..... = = .,... "'" c= c:" ~ ~:!l ~~ -2"'" ("..):r1 -;00 om ~ .s:- -0 ::x N .. U1 N