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HomeMy WebLinkAbout12-7409~i TRACEY L. BURKHOLDER, IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 12 - 't'f L~d~' CIVIL TERM SUSAN W. BLACKWELL, :CIVIL ACTION -LAW Defendant :JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a Writ of Summons regarding the above named Defendant at the following address: Susan W. Blackwell 2955 Ritner Highway ~ ~ f._ ~., Carlisle, PA 17015 ..~~ ,,;~ , .~ y~ ~ , cn~ , °i EV:~ Respectfully Submitte d, {~ -t=E-': ~`~' TURD ROBINSON _~ .. w rv 1 a /~/t ~ Date Lorin A. er, Esq 129 S uth Pitt Street Carli le, PA 17013 717 245-9688 Att ney for Plaintiff ,~ / 03.7sPd fN~ C#' I20/ ~j TRACEY L. BURKHOLDER, IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA i' v. NO. 12 - `7C~(~ CIVIL TERM I SUSAN W. BLACKWELL, :CIVIL ACTION -LAW Defendant :JURY TRIAL DEMANDED ~, TO THE SHERIFF OF CUMBERLAND COUNTY: Please serve the attached Writ of Summons on the above .named Defendant at ~ the following address: Susan W. Blackwell 2955 Ritner Highway Carlisle, PA 17015 to/s/lz. Date Respectfully Submitted, TURD ROBINSON Lorin nyder~l 129 uth Pitt St Car sle, PA 1701 71 -245-9688 A ornev for Plain TRACEY L. BURKHOLDER, IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 12 - t7(,~oc~ CIVIL TERM SUSAN W. BLACKWELL, :CIVIL ACTION -LAW Defendant :JURY TRIAL DEMANDED WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: Susan W. Blackwell 2955 Ritner Highway Carlisle, PA 17015 YOU ARE NOTIFIED THAT THE ABOVE NAMED PLAINTIFF HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary ~~2 L ao ~~ Date Deputy Thomas, Thomas & Hafer, LLP ? cou?jl ' Marc A. Moyer, Esquire cumBFt.t p?.hll1SYL?+'t?tNl ? (717) 441-3960 -direct Attorney I.D. No. 76434 mmoyer@tthlaw.com Todd B. Narvol, Esquire (717) 237-7133 - direct Attorney I.D. No. 42136 tnarvol@tthlaw.com 305 N. Front Street P.O. Box 999 (717) 237-7105 - fax Harrisburg, PA 17108-0999 Attorneys for Defendant Susan W Blackwell TRACEY L. BURKHOLDER, Plaintiff v SUSAN W. BLACKWELL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-7409 Civil 2012 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, hereby certify that I have served a true and correct copy of the attached Rule to File Complaint, entered on February 19, 2013, by the Cumberland County Prothonotary, (Copy attached as Exhibit "A") upon Plaintiff's counsel by placing a copy of same in the United States 1St Class Mail, postage prepaid, to the following: Lorin A. Snyder, Esquire Turo Robinson Attorneys At Law 129 South Pitt Street Carlisle, PA 17013 Respectfully submitted, THOMAS THOMAS & HAFER, LLP Date: ;Ilq lvl?)L) g Y Harva Owings Baug man, L al Assistant to Marc A. Moyer, Esquire P.O. Box 999 Harrisburg, PA 17108 Phone: (717) 441-7053 Fax: (717) 237-7105 1243511.1 ?kh'b Exhibit "A" TRACEY L. BURKHOLDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 7y?1 V. NO. 12-326& Civil 2012 SUSAN W. BLACKWELL, JURY TRIAL DEMANDED Defendant RULE TO FILE A COMPLAINT TO: Plaintiff and Counsel: You are hereby ruled to file a Complaint against Defendant within twenty (20) days of service of this Rule or a judgment of non pros will be entered against Plaintiff pursuant to Pa.R.C.P. 1037(a). By: J??4 et ?)' 8LL?l(/ Prothonotary *?-- . ;iL TRUE COPY FROM RECORD in Testimony whereof, I here unto set my hand and the of said C rtt Carlisle, Pa. This day ofv?• ?*;Onotary Distribution: Va""'Q Lorin A. Snyder, Esquire, Turo Robinson Attorneys At Law, 129 South Pitt Street, Carlisle, PA 17013 Marc A. Moyer, Esquire, Thomas, Thomas & Hafer, LLP, 305 North Front Street, 6m Floor, P.O. Box 999, Harrisburg, PA 17108 1242616.1 ??a r r All p-,: !. f PENNS Thomas, Thomas & Hafer, LLP Marc A. Moyer, Esquire (717) 441-3960 - direct Attorney I.D. No. 76434 mmoyer@tthlaw.com Todd B. Narvol, Esquire (717) 237-7133 - direct Attorney I.D. No. 42136 tnarvol@tthlaw.com 305 N. Front Street P.O. Box 999 (717) 237-7105 - fax Harrisburg. PA 17108-0999 Attomeys for Defendant. Susan W. Blackwell TRACEY L. BURKHOLDER, Plaintiff v SUSAN W. BLACKWELL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 701 NO. 12-3266 Civil 2012 JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule on Plaintiff to file a Complaint in the above case within twenty (20) days of service of said Rule, or suffer a judgment of non pros pursuant to Pa.R.C.P. 1037(a). Date: Wtq. Lzo6 Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: MArc A. yer, Esquire (I.D. # PA76434) Todd B arvol, Esquire (I.D. # PA42136) 305 N h Front Street, 6th Floor P.O. ox 999 Harrisburg, PA 17108 (717) 441-3960 Attorneys for Susan W. Blackwell 1242616.1 d TRACEY L. BURKHOLDER IN THE COURT OF COMMON PLEAS OF and RONNIE S. BURKHOLDER, CUMBERLAND COUNTY, PENNSYLVANIA ii Plaintiffs li NO. 12 — 7409 CIVIL TERM V. SUSAN W. BLACKWELL, CIVIL ACTION — LAW Defendant JURY TRIAL DEMANDED Ii NOTICE 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 and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for i any money claimed in the Complaint of 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. i Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 :r_Cl f i j i TRACEY L. BURKHOLDER IN THE COURT OF COMMON PLEAS OF and RONNIE S. BURKHOLDER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 12 — 7409 CIVIL TERM V. I SUSAN W. BLACKWELL, CIVIL ACTION — LAW Defendant JURY TRIAL DEMANDED II AMENDED COMPLAINT l ij 1. Plaintiff, Tracey L. Burkholder, is an adult individual whose mailing address II� is 1104 Doubling Gap Road, Newville, Cumberland County, Pennsylvania 17241. 2. Plaintiff, Ronnie S. Burkholder, is an adult individual and wife of Plaintiff Tracey L. Burkholder, whose mailing address is 1104 Doubling Gap Road, Newville, Cumberland County, Pennsylvania 17241. 3. Defendant, Susan W. Blackwell, is an adult individual whose mailing address is 2955 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17015. 4. On or about December 10, 2010, Plaintiff Tracey L. Burkholder was i lawfully operating a certain motor vehicle traveling on Burnthouse Road at its intersection with East Linden Drive, in Dickinson Township, Cumberland County, Pennsylvania. 5. At the same time and place, Defendant was the owner and operator of a certain motor vehicle traveling on East Linden Drive at the same intersection with Burnthouse Road. i 6. At all times herein mentioned, Plaintiff Tracey L. Burkholder's operated his i vehicle in a reasonable and prudent manner, with due caution and regard for the motor vehicle laws of the Commonwealth of Pennsylvania. j a 7. At the stated time, Defendant caused Plaintiff Tracey L. Burkholder's vehicle to collide with that of Defendant at said intersection of East Linden Drive and Burnthouse Road. I COUNT I — NEGLIGENCE Tracey L. Burkholder v. Susan W. Blackwell I 8. Paragraphs 1 through 7 are incorporated herein as if fully set forth. I� 1 9. At all times, Defendant had the duty to operate her motor vehicle with reasonable care, to exercise due caution in regard to weather and traffic conditions, and to observe applicable statutes and ordinances. 10. Defendant breached that duty of care by negligently and carelessly failing to pay proper attention to the roadway and the traffic, failing to maintain a proper lookout, i failing to obey the traffic control sign, failing to maintain proper speed for the conditions, failing to reduce speed to avoid an accident, and failing to obey traffic law codified at 67 Pa. Code §3323(B), to which Defendant pled guilty. 11. The immediate result of Defendant's failure to operate the motor vehicle in i a careful, cautious manner was the violent collision with Plaintiff Tracey L. Burkholder's motor vehicle. 12. As a direct and proximate result of the negligence of Defendant, Plaintiff Tracey L. Burkholder suffered injuries of a personal and pecuniary nature, including but not limited to physical injuries, mental anguish, medical expenses, lost wages, damage to property, and pain and suffering, all of which are permanent. Plaintiff Tracey L. Burkholder may have future medical expenses and future lost wages as a further direct and proximate result of Defendant's negligence. 13. Defendant, by her actions or through her inactions, has caused damage to II Plaintiff Tracey L. Burkholder in an amount in excess of$50,000.00. I I i WHEREFORE, Plaintiff Tracey L. Burkholder demands judgment against �i Defendant for actual damages in an amount in excess of$50,000.00. i' ii COUNT II — LOSS OF CONSORTIUM Ronnie S. Burkholder v. Susan W. Blackwell 14. Paragraphs 1 through 13 are included herein as if fully set forth. i 15. At the time of the motor vehicle collision on December 10, 2010, Plaintiff Tracey L. Burkholder was legally married to Ronnie S. Burkholder and, as husband and wife, each was entitled to the companionship, society, guidance, material services and consortium of the respective spouse. 16. As a direct and proximate result of Defendant's negligence, Plaintiff Ronnie S. Burkholder was deprived, and will in the future be deprived of the companionship, society, guidance, material services, and consortium of her spouse, i Plaintiff Tracey L. Burkholder. WHEREFORE, Plaintiff Ronnie S. Burkholder demands judgment against Defendant in an amount in excess of$50,000.00. Respectfully submitted, TURO ROBINSON C)`+/u a/0 77 9 _ I Date Lorin A nyder, Es . PA ID o. 203199 129 outh Pitt Stre Carlis 7 (717) 245-9688 i i i i } TRACEY L. BURKHOLDER, IN THE COURT OF COMMON PLEAS OF and RONNIE S. BURKHOLDER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 12 — 7409 CIVIL TERM V. SUSAN W. BLACKWELL, CIVIL ACTION — LAW Defendant JURY TRIAL DEMANDED �i VERIFICATION 'I !! I verify that the statements contained in the foregoing Amended Complaint are i true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date Lorin A. y r, Esq ire r i i i i i I I Y TRACEY L. BURKHOLDER IN THE COURT OF COMMON PLEAS OF and RONNIE S. BURKHOLDER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 12 — 7409 CIVIL TERM i V. I j SUSAN W. BLACKWELL, CIVIL ACTION — LAW Defendant JURY TRIAL DEMANDED is CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Amended Complaint in the above-captioned matter upon Marc A. Moyer, Esquire, counsel for ', Defendant, by depositing the same in the United States Mail, first class, postage pre- paid, on the Second day of April, 2013, from Carlisle, Pennsylvania, addressed as follows: Marc A. Moyer, Esquire Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108 TURO ROBINSON a i Lorin A. Sn er, squire 129 South itt St eet Carlisle, A 1 13 Phone' 45-9688 Fax: 717-245-2165 Attorney for Plaintiffs 'I !3 i I I i i I i 'Fit ED~OFFICE OF TIHE MOTHONOTARY APP { 5 PH 1: 24 CUMBERLAND COUNTY PENNSYLVANIA Thomas,Thomas&Hafer, LLP Marc A. Moyer, Esquire (717)441-3960-direct Attorney I.D. No. 76434 mmoyer @tthlaw.com Todd B. Narvol, Esquire (717)237-7133-direct Attorney I.D. No.42136 tnarvol @tthlaw.com 305 N. Front Street P.O. Box 999 (717)237-7105-fax Harrisburg,PA 17108-0999 Attorneys for Defendant,Susan W. Blackwell TRACEY L. BURKHOLDER and IN THE COURT OF COMMON PLEAS RONNIE S. BURKHOLDER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 12-7409 Civil 2012 SUSAN W. BLACKWELL, JURY TRIAL DEMANDED Defendant NOTICE TO PLEAD To: Plaintiffs, Tracey L. Burkholder and Ronnie S. Burkholder Lorin A. Snyder, Esquire Turo Robinson Attorneys At Law 129 South Pitt Street Carlisle, PA 17013 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days of service hereof or a judgment of non pros may be entered against you. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: By: Marc A. Mo r, Esquire (I.D. # PA 434) Todd B arvol, Esquire (I.D. # A42136) 305 orth Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108 (717) 441-3960 mmoyer @tthlaw.com Attorneys for Susan W. Blackwell Thomas,Thomas&Hafer, LLP Marc A. Moyer, Esquire (717)441-3960-direct Attorney I.D. No. 76434 mmoyer @tthlaw.com Todd B. Narvol, Esquire (717)237-7133-direct Attorney I.D. No. 42136 tnarvol @tthlaw.com 305 N. Front Street P.O. Box 999 (717)237-7105-fax Harrisburg.PA 17108-0999 Attorney for Defendant,Susan W.Blackwell TRACEY L. BURKHOLDER and IN THE COURT OF COMMON PLEAS RONNIE S. BURKHOLDER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 12-7409 Civil 2012 SUSAN W. BLACKWELL, JURY TRIAL DEMANDED Defendant ANSWER OF DEFENDANT, SUSAN W. BLACKWELL, TO PLAINTIFFS' AMENDED COMPLAINT TOGETHER WITH NEW MATTER AND NOW, comes Defendant, Susan W. Blackwell, by and through her attorneys, Thomas, Thomas & Hafer, LLP, and respectfully submits her Answer to Plaintiff's Amended Complaint Together with New Matter, and in support thereof, avers as follows: 1. After reasonable investigation, Defendant, Susan W. Blackwell, lacks sufficient knowledge or information to form a belief as to the averments set forth in Paragraph 1 of Plaintiffs' Amended Complaint so as to properly respond. The averments are, therefore, denied and proof thereof is demanded at time of trial. 2. After reasonable investigation, Defendant, Susan W. Blackwell, lacks sufficient knowledge or information to form a belief as to the averments set forth in Paragraph 2 of Plaintiffs' Amended Complaint so as to properly respond. The averments are, therefore, denied and proof thereof is demanded at time of trial. 3. Admitted. 4. The averments set forth in Paragraph 4 of Plaintiffs' Amended Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is admitted that on or about December 10, 2010, Plaintiff, Tracey L. Burkholder, was operating his motor vehicle on Burnthouse Road at its intersection with East Linden Drive, Cumberland County, Pennsylvania. 5. Admitted. 6. The averments set forth in Paragraph 6 of Plaintiffs' Amended Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, and after reasonable investigation, Defendant, Susan W. Blackwell, lacks specific knowledge as to the manner by which Plaintiff, Tracey L. Burkholder, was operating his motor vehicle at the time of the accident. The averments set forth in Paragraph 6 of Plaintiffs' Amended Complaint are, therefore, denied and proof thereof is demanded at time of trial. 2 7. Denied. It is denied Defendant, Susan W. Blackwell, caused Plaintiff, Tracey L. Burkholder, to collide with her vehicle at the intersection of East Linden Drive and Burnthouse Road. COUNT I — NEGLIGENCE Tracey L. Burkholder v. Susan W. Blackwell 8. Defendant, Susan W. Blackwell, hereby incorporates her Answers to Paragraphs 1 through 7 of Plaintiffs' Amended Complaint by reference as if fully set forth at length herein. 9. The averments set forth in Paragraph 9 of Plaintiffs' Amended Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is denied Defendant, Susan W. Blackwell, breached any duty she may have owed to Plaintiff, Tracey L. Burkholder, as alleged through Plaintiffs' Amended Complaint. 10. The averments set forth in Paragraph 10 of Plaintiffs' Amended Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is denied Defendant, Susan W. Blackwell, breached any duty of care she may have owed to Plaintiff, Tracey L. Burkholder, or that she acted negligently or carelessly in the manner alleged through Plaintiffs' Amended Complaint. The remaining averments set forth in Paragraph 10 of Plaintiffs' Amended Complaint are generally denied pursuant to Pa.R.Civ.P. 1029(e). 11. The averments set forth in Paragraph 11 of Plaintiffs' Amended Complaint are conclusions of law to which no response is required. To the extent 3 the averments are deemed to be factual in nature, it is denied Defendant, Susan W. Blackwell, failed to operate her motor vehicle in a careful, cautious manner. By way of further Answer, it is admitted that Plaintiff, Tracey L. Burkholder, collided with the vehicle being operated by Defendant, Susan W. Blackwell. 12. The averments set forth in Paragraph 12 of Plaintiffs' Amended Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is denied Defendant, Susan W. Blackwell, acted negligently towards Plaintiff, Tracey L. Burkholder, as alleged, or that she negligently caused or contributed to the injuries alleged in Paragraph 12 of Plaintiffs' Amended Complaint, the existence of which are denied. 13. The averments set forth in Paragraph 12 of Plaintiffs' Amended. Complaint are denied pursuant to Pa.R.Civ.P. 1029(e). WHEREFORE, Defendant, Susan W. Blackwell, demands judgment in her favor and against Plaintiffs, together with such other relief as this Honorable Court may deem just and equitable. COUNT II — LOSS OF CONSORTIUM Ronnie S. Burkholder v. Susan W. Blackwell 14. Defendant, Susan W. Blackwell, hereby incorporates her Answers to Paragraphs 1 through 13 of Plaintiffs' Amended Complaint by reference as if fully set forth at length herein. 4 15. After reasonable investigation, Defendant, Susan W. Blackwell, lacks sufficient knowledge or information to form a belief as to the marital status of Plaintiff, Ronnie S. Burkholder, at the time of the accident. The averments are, therefore, denied and proof thereof is demanded at time of trial. 16. The averments set forth in Paragraph 16 of Plaintiffs' Amended Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is denied Defendant, Susan W. Blackwell, was negligent towards Plaintiffs, or that she deprived Plaintiff, Ronnie S. Burkholder, in the past, or into the future, of the companionship, society, guidance, material services, or-consortium of her spouse. WHEREFORE, Defendant, Susan W. Blackwell, demands judgment in her favor and against Plaintiffs, together with such other relief as this Honorable Court may deem just and equitable. NEW MATTER 17. Defendant, Susan W. Blackwell, hereby incorporates her Answers to Paragraphs 1 through 16 of Plaintiffs' Amended Complaint by reference as if fully set forth at length herein. 18. Plaintiffs' Amended Complaint fails to state a cause of action upon which relief can be granted under Pennsylvania law. 19. Plaintiffs' claims are barred/reduced by UIM/UM set-off, and Defendant, Susan W. Blackwell, asserts a credit for UIM/UM benefits. 5 20. Discovery may show that each of Plaintiffs' claims are barred and/or limited by Plaintiff's comparative negligence and/or contributory negligence. 21. Discovery may show that each of Plaintiffs' claims are barred by the assumption of risk. 22. Discovery may show that the contributory negligence of Plaintiff, Tracey L. Burkholder, was the sole and proximate cause of Plaintiffs' injuries. 23. Each of Plaintiffs' causes of action, the existence of which is denied, are barred by the applicable statutes of limitations under Pennsylvania law. 24. Discovery may show that Plaintiffs' claims may be barred by the Doctrines of Estoppel, Waiver and/or Laches. 25. Discovery may show that the claimed injuries and/or damages of the Plaintiff, the existence of which are denied, were caused in whole or in part by acts or omissions of another or others for whom Defendant, Susan W. Blackwell, was not responsible and whose conduct Defendant, Susan W. Blackwell, had no reason to anticipate. 26. Defendant, Susan W. Blackwell, is not responsible for the actions of any other parties whose conduct may have caused or contributed to the injuries complained of in Plaintiffs' Amended Complaint. 27. Discovery may show that the alleged actions and omissions of Defendant, Susan W. Blackwell, were not a substantial factor, or were an 6 insignificant factor, or were not a legal factor in causing or contributing to each of Plaintiffs' alleged injuries and damages, if any. 28. Discovery may show that Plaintiffs' alleged injuries and damages, if any, were not caused or aggravated by the acts or omissions of Defendant, Susan W. Blackwell, but, rather, were pre-existing, or caused by something other than the collision on or about December 10, 2010. 29. As discovery may show, Plaintiffs' recovery may be barred or limited by the affirmative defenses of waiver, release, immunity, set-off, settlement, accord and satisfaction, arbitration and award, collateral estoppel and/or equitable estoppel. 30. Discovery may show recovery for the alleged injuries and damages of Plaintiff, Tracey L. Burkholder, if any, are barred or limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility law, 75 Pa. C.S. § 1701, et. seq., including, but not limited to, the sections relating to the limited tort provision, the provision that bars recovery of medical expenses and wage loss benefits paid or payable by insurance, and/or the provisions that reduce the recoverable amount of damages. 31. Discovery may show that Plaintiff, Tracey L. Burkholder, if he suffered any injuries at all, did not suffer any permanent loss of a bodily function, permanent disfigurement, or permanent dismemberment. 32. Discovery may show that the negligent acts or omissions of others, or other conditions of the road or environment may have constituted intervening, 7 superseding causes of damages and/or injuries alleged to have been sustained by the Plaintiffs. 33. Discovery may show that Plaintiff, Tracey L. Burkholder, was negligent per se for violating the following provisions of the Pennsylvania Motor Vehicle Code: a. 75 Pa. C.S. §§ 3361 (relating to driving vehicle at safe speed) 3362, and 3363, b. 75 Pa C.S. §§ 3714 (relating to careless driving); C. 75 Pa. C.S. §§ 3736 (relating to reckless driving); d. Discovery may show that Plaintiff, Tracey L. Burkholder, was negligent and careless by operating his motor vehicle in careless disregard for the safety of persons and/or property. e. Discovery may show that Plaintiff, Tracey L. Burkholder, was negligent and careless by driving at a speed greater than is reasonable and prudent under the conditions and by not having regard for the actual and potential hazards then existing. f. Discovery may show that Plaintiff, Tracey L. Burkholder, was negligent and careless by failing to observe other vehicles on the roadway. g. Discovery may show that Plaintiff, Tracey L. Burkholder, was negligent and careless by failing to operate his vehicle in accordance with existing traffic conditions. 8 h. Discovery may show that Plaintiff, Tracey L. Burkholder, was negligent and careless by failing to drive at a speed and in the manner that would have enabled Plaintiff, Tracey L. Burkholder, to stop within the assured clear distance ahead. i. Discovery may show that Plaintiff, Tracey L. Burkholder, was negligent and careless by failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways. j. Defendant, Susan W. Blackwell, asserts that this action may be barred by the Doctrines of res judicata and/or collateral estoppel, which are asserted herein. WHEREFORE, Defendant, Susan W. Blackwell, demands judgment in her favor and against Plaintiffs, together with such other relief as this Honorable Court may deem just and equitable. Respectfully submitted, THOMAS THOMAS & HAFER, LLP Date: By: ;" VarcA. er, Esquire (I.D. # P 6434) Todd B arvol, Esquire (I.D. # PA42136) 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108 (717) 441-3960 mmoyer @tthlaw.com Attorneys for Susan W. Blackwell 9 VERIFICATION I, Susan W. Blackwell, state that the Defendant in the foregoing action, and that I have read the foregoing Answer of Defendant, Susan W. Blackwell, to Plaintiffs' Amended Complaint Together with New Matter drafted with the assistance of counsel. The factual statements contained therein are true and correct to the best of my information, knowledge and belief. Where the language is that of counsel and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this verification. This statement is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. Susan W. Blackwell Date: 10 CERTIFICATE OF SERVICE I, Harva Owings Baughman, a legal assistant with the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing Answer of Defendant, Susan W. Blackwell, to Plaintiffs' Amended Complaint Together with New Matter upon the person and at the address listed below by placing a copy of same in the United States 1St Class Mail, postage prepaid, to the following: Lorin A. Snyder, Esquire Turo Robinson Attorneys At Law 129 South Pitt Street Carlisle, PA 17013 Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: X///,9/0VC By: � Harva Owings Baughma , Legal Assistant to Marc A. Moyer, Esquire P.O. Box 999 Harrisburg, PA 17108 Phone: (717) 441-7053 Fax: (717) 237-7105 1267367.1 11 r F ILI::D`OF F°ICE OF THE E PROTHONOTARY 2013 APP, 25 AVI I[: 42 COMBERLAND COUNTY PENNSYLVANIA Thomas,Thomas&Hafer,LLP Todd B.Narvol,Esquire (717)237-7133—direct Attorney I:D.No.42136 tnarvol @tthlaw.com Marc A.Moyer,Esquire (717)441-3960—direct Attorney I.D.No. 76434 mmoyer @tthlaw.com 305 N.Front Street (717)237-7105—fax P.O.Box 999 Attorneys for Defendant Harrisburg,PA 17108-0999 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACEY L. BURKHOLDER, Plaintiff NO. 12-7409Civil 2012 V. JURY TRIAL DEMANDED SUSAN W. BLACKWELL, Defendant CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT'TO RULE 4009.22 l As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas with a copy 'of the subpoenas attached thereto was mailed or delivered to each party on or about April 4, 2013, to serve subpoenas upon the following: (a) Sun Life Assurance Co. of Canada/Sun Life Financial; i (b) Stoken Ophthalmology; (c) Dr. Jean Santo; (d) Mira Orthopedics; and, (e) Dr. Joseph Pion/Graham Medical Clinic. 2. A true and correct file copy of the Notice of Intent, including a copy of the proposed subpoenas, is attached to this Certificate. 3. The twenty (20) day notice period for filing and serving objections has expired without any objections being raised. . 4. The subpoenas which will be served are identical to the subpoenas attached to the Notice of Intent. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP by: Marc A. Moyer, Esqui e Attorney I.D. No.: 76434 Todd B. Narvol, Esquire Attorney I.D. No.: 42136 305 North Front Street, 6th Floor Post Office Box 999 Harrisburg,PA 17108 717-441-3960 mmoyer @tthlaw.com Attorneys for Defendant Thomas,Thomas&Hafer,LLP Todd B.Narvol,Esquire (117)237-7133—direct Attorney I.D.No.42136 tnarvol @tthlaw.com Marc A.Moyer,Esquire (717)441-3960—direct Attorney I.D.No.76434 mmoyer @tthlaw.com 305 N.Front Street (717)237-7105—fax P.O.Box 999 AttorneysforDefendant Harrisburg,PA 17108-0999 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA TRACEY L. BURKHOLDER, Plaintiff NO. 12-7409 Civil 2012 V. JURY TRIAL DEMANDED SUSAN W. BLACKWELL, Defendant NOTICE OF INTENT TO ISSUE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Counsel Defendant intends to serve subpoenas upon the following: ➢ Sun Life Assurance Co. of Canada/Sun Life Financial; ➢ Stoken Ophthalmology; ➢ Dr.jean Santo; ➢ Mira Orthopedics;and, ➢ Dr.Joseph Pion/Graham Medical Clinic. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas will be served. Respectfully submitted, THOMAS,THOMAS & HAFER, LLP Date: April 4, 2013 MARC A. MOYER,ES UI IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA TRACEY L. BURKHOLDER, Plaintiff NO. 12-7409 Civil 2012 V. JURY TRIAL DEMANDED SUSAN W. BLACK WELL, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Sun Life Assurance Co. of Canada/Sun Life Financial, One Sun Life Executive Park, Wellesley Hills, MA 02481 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all claims file materials, including but not limited all disability_ payment information, medical records, log notes, claims information, payout information, and all other documents without limitation, with respect to a claim made by Tracey L. Burkholder (DOB 10/14/64; DOL 12/10/10). 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: Marc A. Moyer,Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA s TRACEY L. BURKHOLDER, Plaintiff NO. 12-7409 Civil 2012 V. JURY TRIAL DEMANDED SUSAN W. BLACK WELL, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Stoken Ophthalmology,338 Alexander Spring Rd., Carlisle,PA 17015 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of the entire medical chart/file re ag rding Tracey L. Burkholder (DOB 10/14/1964) including but not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda, hospital records/reports, physical therapy records/reports,radiological reports and films(i.e., x-rays,MRIs, CT scans, etc.), prescriptions,telephone call messages, correspondence, psychological and/or psychiatric records, reports/correspondence/notes, etc. 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: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999,Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy I IN THE COURT OF COMMON PLEAS. CUMBERLAND COUNTY,PENNSYLVANIA TRACEY L. BURKHOLDER, Plaintiff NO. 12-7409 Civil 2012 V. JURY TRIAL DEMANDED SUSAN W. BLACK WELL, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr.Jean Santo, 2501 N.3,a St.,#3, Harrisburg, PA 17110 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of the entire medical chart/file re arg dingy Tracey L. Burkholder (DOB 10/14/1964) including but not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda, hospital records/reports, physical therapy records/reports radiological reports and films (i.e., x-rays; MRIs, CT scans, etc.), prescriptions,telephone call messages correspondence, psychological and/or psychiatric records, reports/correspondence/notes, etc. 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: Marc A. Moyer,Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA TRACEY L. BURKHOLDER, Plaintiff NO. 12-7409 Civil 2012 V. JURY TRIAL DEMANDED SUSAN W. BLACKWELL, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Mira Orthopedics,220 Wilson St., Carlisle,PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of the entire medical chart/file re ag rding Tracey L. Burkholder (DOB 10/14/1964) including but not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda, hospital records/reports, physical therapy records/reports,radiological reports and films (i.e., x-rays, MRIs, CT scans, etc.),prescriptions, telephone call messages, correspondence, psychological and/or psychiatric records, reports/correspondence/notes, etc. 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: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA TRACEY L. BURKI IOLDER, Plaintiff .NO. 12-7409 Civil 2012 V. JURY TRIAL DEMANDED SUSAN W. BLACKWELL, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr.Joseph Pion/Graham Medical Clinic 100 S.High St.,Newville, PA 17241 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following-documents or things: A complete copy of the entire medical chart/file reaardin Tracey L. Burkholder (DOB 10/14/1964) including but not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda hospital records/reports, physical therapy records/reports radiological reports and films (i.e., x-rays MRIs CT scans etc) prescriptions telephone call messages correspondence psychological and/or psychiatric records reports/correspondence/notes etc. 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: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg,PA 17108-0999 TELEPHONE: X717) 441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Notice of Intent to Issue Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 was served by depositing the same in the United States Mail,postage prepaid, at Harrisburg,Pennsylvania, on the day of 2013, on all counsel of record as follows: Lorin Andrew Snyder, Esquire Turo Robinson Attorneys at Law 129 South Pitt Street Carlisle,PA 17013 Attorney for Plaintiffs THOMAS,THOMAS & HAFER,LLP 1 Renee K. Coonr t Paralegal for Marc A.Moyer, Esquire 1240197.2 2 CERTIFICATE'OF.SERVICE AND NOW, this ay of , 2013, I, Renee K. Coonradt, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid,to the following: Lorin A. Snyder, Esquire Turo Robinson Attorneys at Law 129 South Pitt Street Carlisle, PA 17013 Attorney.for Plaintiffs THOMAS, THOMAS & HAFER, LLP RENEE K. COONRADT, PARALEGAL 1245928.2 1 .y TRACEY L. BURKHOLDER IN THE COURT OF COMMON PLEAS OF and RONNIE S. BURKHOLDER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 12 — 7409 CIVIL TE0C V. cn r- SUSAN W. BLACKWELL, CIVIL ACTION — LAW r , Defendant JURY TRIAL DEMANDED zc' =� '� D` ' PLAINTIFFS' ANSWER TO NEW MATTER _. CO =r' AND NOW, come Plaintiffs, Tracey L. Burkholder and Ronnie S. Burkholder, by and through their attorneys, Turo Robinson Attorneys At Law, and respectfully submit their Answer to Defendant's New Matter, and in support thereof, aver as follows: 17. No answer is required. 18. The averments set forth in Paragraph 18 are conclusions of law to which no response is required. To the extent an answer is required, it is denied that Plaintiffs' Amended Complaint fails to state a cause of action upon which relief can be granted under Pennsylvania law. 19. Denied. It is denied that Plaintiffs' claims are barred/reduced by UIM/UM set-off. 20. The averments set forth in Paragraph 20 are conclusions of law to which no response is required. To the extent an answer is required, it is denied that Plaintiffs' claims are barred and/or limited by Plaintiff's comparative negligence and/or contributory negligence. 21. The averments set forth in Paragraph 21 are conclusions of law to which no response is required. To the extent an answer is required, it is denied that Plaintiffs' claims are barred by the assumption of risk. 22. The averments set forth in Paragraph 22 are conclusions of law to which no response is required. To the extent an answer is required, it is denied that any contributory negligence of Plaintiff, Tracey L. Burkholder, was the sole and proximate cause of Plaintiffs' injuries. J " 23. The averments set forth in Paragraph 23 are conclusions of law to which no response is required. To the extent an answer is required, it is denied that Plaintiffs' causes of action are barred by the applicable statutes of limitations under Pennsylvania law. 24. The averments set forth in Paragraph 24 are conclusions of law to which no response is required. To the extent an answer is required, it is denied that Plaintiffs' claims are barred by the Doctrines of Estoppel, Waiver and/or Laches. 25. The averments set forth in Paragraph 25 are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is denied that the injuries and/or damages of the Plaintiffs were caused in whole or in part by acts or omissions of another or others for whom Defendant, Susan W. Blackwell, was not responsible and whose conduct Defendant, Susan W. Blackwell, had no reason to anticipate. 26. The averments set forth in Paragraph 26 are conclusions of law to which no response is required. To the extent an answer is required, it is denied that there were any actions of other parties whose conduct caused or contributed to the injuries complained of in Plaintiffs' Amended Complaint. 27. The averments set forth in Paragraph 27 are conclusions of law to which no response is required. To the extent an answer is required, it is denied that the actions and omissions of Defendant, Susan W. Blackwell, were not a substantial factor, or were an insignificant factor, or were not a legal factor in causing or contributing to each of Plaintiffs' injuries and damages. 28. The averments set forth in Paragraph 28 are conclusions of law to which no response is required. To the extent an answer is required, it is denied that Plaintiffs' injuries or damages were not caused or aggravated by the acts or omissions of Defendant, Susan W. Blackwell, were pre-existing or caused by something other than the collision on or about December 10, 2010. 29.. The averments set forth in Paragraph 29 are conclusions of law to which no response is required. To the extent an answer is required, it is denied that Plaintiffs' recovery may be barred or limited by the affirmative defenses of waiver, release, immunity, set-off, settlement, accord and satisfaction, arbitration and award, collateral estoppels and/or equitable estoppel. 30. The averments set forth in Paragraph 30 are conclusions of law to which no response is required. To the extent an answer is required, it is denied that the injuries and damages of Plaintiff, Tracey L. Burkholder, are barred or limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility law, 75 Pa. C.S. § 1701, et seq., including, but not limited to, the sections relating to the limited tort provision that bars recovery of medical expenses and wage loss benefits or payable insurance, and/or the provisions that reduce the recoverable amount of damages. 31. Denied. It is denied that Plaintiff, Tracey L. Burkholder, did not suffer any permanent loss of bodily function, permanent disfigurement, or permanent dismemberment. 32. The averments set forth in Paragraph 32 are conclusions of law to which no response is required. To the extent an answer is required, it is denied that the negligent acts or omissions of others, or other conditions of the road or environment may have constituted intervening, superseding causes of damages and/or injuries alleged to have been sustained by the Plaintiffs. 33. The averments set forth in Paragraph 33, including sub-paragraphs a through j, are conclusions of law to which no response is required. To the extent an answer is required, it is denied that Plaintiff, Tracey L. Burkholder, was negligent per se for violating any provisions of the Pennsylvania Motor Vehicle Code, specifically: a. It is denied that Plaintiff, Tracey L. Burkholder, violated 75 Pa. C.S. §§ 3361 (relating to driving vehicle at safe speed) 3362, and 3363; b. It is denied that Plaintiff, Tracey L. Burkholder, violated 75 Pa. C.S. §§ 3714 (relating to careless driving); C. It is denied that Plaintiff, Tracey L. Burkholder, violated 75 Pa. C.S. §§ 3736 (relating to reckless driving); d. It is denied that Plaintiff, Tracey L. Burkholder, was negligent and careless by operating his motor vehicle in careless disregard for the safety of persons and/or property. e. It is denied that Plaintiff, Tracey L. Burkholder, was negligent and careless by driving at a speed greater than is reasonable and prudent under the conditions and by not having regard for the actual and potential hazards then existing. Y ' f. It is denied that Plaintiff, Tracey L. Burkholder, was negligent and careless by failing to observe other vehicles on the roadway. g. It is denied that Plaintiff, Tracey L. Burkholder, was negligent and careless by failing to operate his vehicle in accordance with existing traffic conditions. h. It is denied that Plaintiff, Tracey L. Burkholder, was negligent and careless by failing to drive at a speed and in the manner that would have enabled Plaintiff, Tracey L. Burkholder, to stop within the assured clear distance ahead. i. It is denied that Plaintiff, Tracey L. Burkholder, was negligent and careless by failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways. j. It is denied that this action may be barred by the Doctrines of res judicata and/or collateral estoppels. WHEREFORE, Plaintiff Tracey L. Burkholder demands judgment against Defendant for actual damages in an amount in excess of$50,000.00 and Plaintiff Ronnie S. Burkholder demands judgment against Defendant in an amount in excess of $50,000.00, together with such other relief as this Honorable Court deems just and equitable. Respectfully submitted, TURO ROBINSON as Date LoriL12 - er, Esq. PA I 3199 129 tt Street Carl 17013 (71788 � TRACEY L. BURKHOLDER, IN THE COURT OF COMMON PLEAS OF and RONNIE S. BURKHOLDER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 12 — 7409 CIVIL TERM V. SUSAN W. BLACKWELL, CIVIL ACTION — LAW Defendant JURY TRIAL DEMANDED VERIFICATION verify.that the statements contained in the foregoing Plaintiffs Answer to New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date Lorin A nyder, uire TRACEY L. BURKHOLDER IN THE COURT OF COMMON PLEAS OF and RONNIE S. BURKHOLDER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 12 —7409 CIVIL TERM V. SUSAN W. BLACKWELL, CIVIL ACTION — LAW Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Plaintiffs' Answer to New Matter in the above-captioned matter upon Marc A. Moyer, Esquire, counsel for Defendant, by depositing the same in the United States Mail, first class, postage pre-paid, on the Sixteenth day of May, 2013, from Carlisle, Pennsylvania, addressed as follows: Marc A. Moyer, Esquire Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108 TURO ROBINSON Lorin . Snyder, Esc uire 129 outh Pitt Stre C lisle, PA -0 3 Phone: 17-245-9688 Fax: 717-245-2165 Attorney for Plaintiffs I I. c:. 3 1i,_ —J CU'' DE1L v;ND`COUNT': Thomas,Thomas&Hafer,LLP Todd B.Narvol,Esquire (717)237-7133—direct Attorney I.D.No.42136 tnarvol @tthlaw.com Marc A. Moyer,Esquire (717)441-3960—direct Attorney I.D.No. 76434 mmoyer @tthlaw.com 305 N.Front Street (717)237-7105—fax P.O.Box 999 Attorneys for Defendant Harrisburg,PA 17108-0999 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACEY L. BURKHOLDER, Plaintiff : NO. 12-7409Civil 2012 v. : JURY TRIAL DEMANDED SUSAN W. BLACKWELL, • Defendant CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party on or about June 18, 2013, to serve subpoenas upon the following: (a) The Advocator Group; (b) Pinnacle Health; (c) Vickery Neurodiagnostics; and, (d) PRISM. 2. A true and correct file copy of the Notice of Intent, including a copy of the proposed subpoenas, is attached to this Certificate. 3. The twenty (20) day notice period for filing and serving objections has been waived by counsel for Plaintiff, as evidenced by the attached correspondence. 4. The subpoenas which will be served are identical to the subpoenas attached to the Notice of Intent. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP by: _ 1 A I A Marc A. Moyer, Esquir4 Attorney I.D. No.: 76434 Todd B. Narvol, Esquire Attorney I.D. No.: 42136 305 North Front Street, 6th Floor Post Office Box 999 Harrisburg, PA 17108 717-441-3960 mmoyer@tthlaw.com Attorneys for Defendant Thomas,Thomas&Hafer,LLP Todd B.Narvol,Esquire (717)237-7133—direct Attorney I.D.No.42136 tnarvol @tthlaw.com Marc A.Moyer,Esquire (717)441-3960—direct Attorney I.D.No.76434 mmoyer @tthlaw.com 305 N.Front Street (717)237-7105—fax P.O.Box 999 Attorneys for Defendant Harrisburg,PA 17108-0999 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA TRACEY L. BURKHOLDER, Plaintiff : NO. 12-7409 Civil 2012 v. : JURY TRIAL DEMANDED SUSAN W.BLACKWELL, Defendant • NOTICE OF INTENT TO ISSUE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Counsel Defendant intends to serve subpoenas upon the following: ➢ The Advocator Group; ➢ Pinnacle Health; ➢ Vickery Neurodiagnostics; and, ➢ PRISM. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas will be served. Respectfully submitted, THOMAS,THOMAS & HAFER, LLP Date: June 18 2013 lv U-MARC A. MOYER, ESQU IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA • TRACEY L. BURKHOLDER, • Plaintiff : NO. 12-7409 Civil 2012 v. : JURY TRIAL DEMANDED SUSAN W. BLACKWELL, • Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: The Advocator Group,101 Edgewater St., Suite 260,Wakefield,MA 01880 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all claims file materials, including but not limited all social security disability application and/or payment information, medical records, log notes, claims information, payout information, and all other documents without limitation, with respect to Tracey L. Burkholder(DOB 10/14/64; DOL 12/10/10; Cl.No.270611-00312-00). 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: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA TRACEY L. BURKHOLDER, Plaintiff : NO. 12-7409 Civil 2012 v. : JURY TRIAL DEMANDED SUSAN W. BLACKWELL, Defendant • SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pinnacle Health,P.O. Box 2353,Harrisburg,PA 17105 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of the entire medical chart/file regarding Tracey L. Burkholder (DOB 10/14/1964) including but not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda, hospital records/reports, physical therapy records/reports,radiological reports and films(i.e.,x-rays, MRIs, CT scans, etc.), prescriptions, telephone call messages, correspondence, psychological and/or psychiatric records, reports/correspondence/notes, etc. 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: Marc A. Moyer,Esquire ADDRESS: P.O. Box 999, Harrisburg,PA 17108-0999 TELEPHONE: (717) 441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA TRACEY L. BURKHOLDER, • Plaintiff : NO. 12-7409 Civil 2012 v. : JURY TRIAL DEMANDED SUSAN W. BLACKWELL, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Vickery Neurodiagnostics,3 Jennifer Court, Carlisle, PA 17015 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of the entire medical chart/file regarding Tracey L. Burkholder (DOB 10/14/1964) including but not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda, hospital records/reports, physical therapy records/reports,radiological reports and films(i.e., x-rays,MRIs, CT scans, etc.), prescriptions, telephone call messages, correspondence, psychological and/or psychiatric records, reports/correspondence/notes, etc. 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: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA TRACEY L. BURKHOLDER, Plaintiff : NO. 12-7409 Civil 2012 v. : JURY TRIAL DEMANDED SUSAN W.BLACKWELL, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PRISM,4310 Londonderry Road,Harrisburg, PA 17109 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of the entire medical chart/file regarding Tracey L. Burkholder (DOB 10/14/1964) including but not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda, hospital records/reports, physical therapy records/reports,radiological reports and films (i.e.,x-rays,MRIs, CT scans, etc.), prescriptions, telephone call messages, correspondence, psychological and/or psychiatric records, reports/correspondence/notes, etc. 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: Marc A. Moyer,Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy • CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Notice of Intent to Issue Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 was served by depositing the same in the United States Mail,postage prepaid, at Harrisburg,Pennsylvania, on the )411 day of uic v S - , 2013, on all counsel of record as follows: Lorin Andrew Snyder, Esquire Turo Robinson Attorneys at Law 129 South Pitt Street Carlisle, PA 17013 Attorney for Plaints THOMAS,THOMAS & HAFER, LLP Of -P Renee K. Coonradt,Paralegal for Marc A.Moyer,Esquire 1240197.3 2 07-02-'13 15:43 FPOP9-Turo Law 717-245-2165 T-140 P0003/00O3 F-565 7 I,Lorin Andrew Snyder,Esquire,counsel for Plaintiff,do hereby agree to waive the twenty (20) day notice of intent rule allowing counsel for Defendant to issue subpoenas to: ➢ The Advocator Group; ➢ Pinnacle Health; Vickery Neurodiagnostics; and, PRISM. A _02,749.:VV-13 Date Lorin •ndrew S der,Esquire • Smart. Resourceful. CERTIFICATE OF SERVICE AND NOW, this day of /I ,_� , , , 2013, I, Renee K. Coonradt, of the law firm of Thomas, Thomas : Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Lorin A. Snyder, Esquire Turo Robinson Attorneys at Law 129 South Pitt Street Carlisle, PA 17013 Attorney for Plaintiffs THOMAS, THOMAS & HAFER, LLP RENEE K. COONRADT, PARALEGAL 1245928.3 CAF THE PQ T JF-1 - doh;oT,R . ?OEI JAN io PH 3: 00 CUMBERLANp �fl:U� Ty PENNSYLVAtd1A Thomas,Thomas&Hafer,LLP Todd B.Narvol,Esquire Attorney I.D.No.42136 (717)237-7133—direct Marc A. Moyer,Esquire tnarvol @tthlaw.com Attorney 1.D.No.-76434 (717)441-3960—direct 305 N.Front Street mmoyer @tthlaw.com P.O. Box 999 (717)237-7105—fax Harrisburg,PA 17108-0999 ) Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACEY L. BURKHOLDER, Plaintiff • : NO. 12-7409Civil 2012 v. : JURY TRIAL DEMANDED SUSAN W. BLACKWELL, Defendant • CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS iik PURSUANT TO RULE'4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party on or about December 18, 2013,to serve subpoenas upon the following: (a) Big Spring Physical Therapy; (b), Wellmon Family Practice; and, (c)1 Hershey Medical Center. ' 2. A true and correct file copy of the Notice of Intent, including a copy of the proposed subpoenas, is attached to this Certificate. 3. The twenty (20) day notice period for filing and serving objections has expired without any objections being raised. 1 4. The subpoenas which will be served are identical to the subpoenas attached to the Notice of Intent. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP by: _ V 1 arc A. Moyer, Es ire Attorney I.D. No.: 76434 Todd B. Narvol, Esquire Attorney I.D. No.: 42136 305 North Front Street, 6th Floor Post Office Box 999 Harrisburg, PA 17108 717-441-3960 mmoyer @tthlaw.com Attorneys for Defendant • Thomas,Thomas&Hafer,LLP Todd B.Narvol,Esquire (717)237-7133—direct Attorney I.D.No.42136 tnarvol @tthlaw.com Marc A.Moyer,Esquire (717)441-3960—direct Attorney I.D.No.76434 mmoycr @tthlaw.com 305 N.Front Street (717)237-7105—fax P.O.Box 999 Attorneys for Defendant 1-Iarrisburg,PA 17108-0999 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA TRACEY L. BURKHOLDER, Plaintiff NO. 12-7409 Civil 2012 v. : JURY TRIAL DEMANDED SUSAN W. BLACKWELL, Defendant . NOTICE OF INTENT TO ISSUE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Counsel Defendant intends to serve subpoenas upon the following, identical to the ones attached to this Notice: ➢ Wellmon Family Practice; ➢ Big Spring Physical Therapy; and, ➢ Hershey Medical Center. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas will be served. Respectfully submitted, THOMAS,THOMAS & HAFER,LLP Ai r ecem er 18 2013 d D ate: D b , MARC A. MOYER,ES UIRE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TRACEY L. BURKHOLDER, Plaintiff • : NO. 12-7409 Civil 2012 v. : JURY TRIAL DEMANDED SUSAN W. BLACKWELL, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hershey Medical Center Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the , following documents or things: A complete copy of the entire medical chart/file regarding Tracey L. Burkholder (DOB 10/14/1964) including but not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda, hospital records/reports, physical therapy records/reports, radiological reports and films (i.e., x-rays, MRIs, CT scans, etc.),prescriptions, telephone call messages, correspondence, psychological and/or psychiatric records, reports/correspondence/notes, etc. from March 2013 to the present. 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: Marc A. Moyer,Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 _ _ _•..._ATTORNEY ID#:. 76434. ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA TRACEY L. BURKHOLDER, • Plaintiff : NO. 12-7409 Civil 2012 v. JURY TRIAL DEMANDED SUSAN W. BLACKWELL, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Big Spring Physical Therapy and Sports Medicine,91 S. High St.,Newville,PA 17241 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of the entire medical chart/file regarding Tracey L. Burkholder (DOB 10/14/1964) including but not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda, hospital records/reports, physical therapy records/reports,radiological reports and films (i.e., x-rays, MRIs, CT scans, etc.),prescriptions,telephone call messages, correspondence, psychological and/or psychiatric records, reports/correspondence/notes, etc. from March 2013 to the present. 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: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg,PA 17108-0999 TELEPHONE: (717) 441-3960 ATTORNEY,ID#: .:.;.76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA TRACEY L. BURKHOLDER, • Plaintiff : NO. 12-7409 Civil 2012 v. : JURY TRIAL DEMANDED SUSAN W. BLACKWELL, Defendant • SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Wellmon Family Practice,97 Progress Blvd., Shippensburg,PA 17257 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the• following documents or things: A complete copy of the entire medical chart/file regarding Tracey L. Burkholder (DOB 10/14/1964) including but not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda, hospital records/reports, physical therapy records/reports, radiological reports and films (i.e., x-rays, MRIs, CT scans, etc.),prescriptions,telephone call messages, correspondence, psychological and/or psychiatric records, reports/correspondence/notes, etc. from February 2013 to the present. 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: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 . ATTORNEY ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy • r ' CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Notice of Intent to Issue Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 was served by depositing the same in the United States Mail,postage prepaid, at Harrisburg,Pennsylvania, on the I � day of bt U.,Al faLk, , 2013, on all counsel of record as follows: Lorin Andrew Snyder, Esquire Turo Robinson Attorneys at Law 129 South Pitt Street Carlisle,PA 17013 Attorney for Plaints THOMAS,THOMAS & HAFER,LLP OrY\—Q Renee K. Coonradt,Paralegal for Marc A.Moyer,Esquire 1240197.4 2 CERTIFICATE OF SERVICE Gir\ .1 AND NOW, this I day of , 2014, I, Renee K. p Coonradt, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Lorin A. Snyder, Esquire Turo Robinson Attorneys at Law 129 South Pitt Street Carlisle, PA 17013 Attorney for Plaintiffs THOMAS, THOMAS & HAFER, LLP RENEE K. COONRAD , ARALEGAL 1245928.4 Randall G. Gale, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street POB 999 Harrisburg, PA 17108-0999 (717)237-7100 (717) 237-7105—facsimile Attorneys for Defendant Susan W. Blackwell TRACEY L. BURKHOLDER, Plaintiff V. SUSAN W. BLACKWELL, Defendant cILE rtiEPROTI-10■401-i\i',\'i ?ViliNR PM 31. 21 CUti$E,RLAtit) COUtsil" PERNSYLVARIA, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 12-7409 Civil 2012 : JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAWAL/ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Marc A. Moyer, Esquire as counsel for Defendant Susan W. Blackwell. Date: 3-u-p-f TO THE PROTHONOTARY: Please enter the appearance of Randa Blackwell. Date: THOMAS, THOMAS & HAFER, LLP llis.1 arc A. 4,, er, Esquire I.D. No. 7434 . Gale, Esquire on behalf of Defendant Susan W. THOMAS, THOMAS & HAFER, LLP R i1 G. Gale, Esquire I.D. No. 26149 CERTIFICATE OF SERVICE I, April L. Casper, a secretary with the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have, this day, served a true and correct copy of the foregoing Praecipe for Withdraw/Entry of Appearance upon the person and at the address listed below by placing a copy of same in the United States 1st Class Mail, postage prepaid, to the following: Date: Lorin A. Snyder, Esquire Turo Robinson Attorneys At Law 129 South Pitt Street Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP By: April 2 _ 0. p . Casper, Legal S ,Icre ary