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HomeMy WebLinkAbout02-0846William P. Douglas, Esq. Supreme Court LD. #37926 Douglas, Douglas & Douglas 27 W. High St. Carlisle, PA 17013 Telephone (717) 243-1790. Kurt Mullen In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs Jacquelyn Ann Aust 1008 Rebecca Lane Carlisle, PA 17013 Defendant No. 02- ~q~ Civil Ter-a Civil action law Jury Trial Demanded Praecipe to Issue a Writ of Summons Dear Mr. Long: Please issue a writ of summons against the defendant, Jacquelyn Ann Aust. date: February 19, 2002 William P. Dougla~ Esq. Attorney for Pl~'ntiff Commonwealth of Pennsylvania County of Cumberland Kurt Mullen In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania VS Jacquelyn Ann Aust 1008 Rebecca Lane Carlisle, PA 17013 Defendant No. 02- o0/-/(~ Civil Term Civil action law Jury Trial Demanded Writ of Summons To; Jacquelyn Ann Aust 1008 Rebecca Lane Carlisle, PA 17013 You are hereby notified that Kurt Mullen has brought an action against you. Deputy Prothonotary date: February 19, 2002 SHERIFF'S RETURN - REGULAR CASE NO: 2002-00846 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MUT.T.RN KURT VS AUST JACQUELYNANN CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon AUST JACQUELYNANN the DEFENDANT at CUMBERLAND CO COURTHOUSE CARLISLE, PA 17013 , at 1015:00 HOURS, on the 25th day of February , 2002 REGISTER OF WILLS by handing to JACQUELYN A AUST a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service .00 Affidavit .00 Surcharge 10.00 .00 28.00 Sworn and Subscribed to before me this 75~ day of ~ j2O~ 2~ A.D. ~ /Prothonotary ' ' So Answers: R. Thomas Kline 02/26/2002 DOUGLAS DOUGLAS DOUGLAS //~' Deputy John R. Ninosky, Esquire I.D. #78000 ~OLDBERG, KATZ~ & SHIP~, P.C. 320 Market Street P.O. BOX 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant KURT MULLEN, Plaintiff VS. JACQUELYN ANN AUST, Defendant IN THE COURT OF CO~4ON PLEAS CUMBERLA/gD COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.. 02-846 JURY TRIAL DEMANDED PP~CIPE TO THE PROTHONOTARY: PLEASE enter the appearance of the undersigned on behalf of the Defendant, Jacquelyn Ann Aust, in the above-captioned matter. DATE: 78458. 1 GOLDBERG, KATZMAN & SHIPMAN, P.C. J~e~k~'~ J. Shipman, Esquire Attorney I.D. 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant May 14, 2002 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Ha~isburg, Pennsylvania, with first-class postage prepaid on the ~fday of ~ , 2002, addressed to the following: William P. Douglas,, Esquire Douglas, Douglas & Douglas 27 West High Street Carlisle, PA 17013 GOLDBERG, KATZMAN & SHIPNLAN, P.C. Je~fer~f~ J. S~'p'man, Esquire P.O. Box 1268 Harrisburg, PA 17108 Attorneys for Defendant Telephone: 717) 234-4261 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant KURT MULLEN, Plaintiff VS. gACQUELYN ANN AUST, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.. 02-846 JURY TRIAL DEMJLNDED PRAECIPE TO THE PROTHONOTARY: DATE:~'/I~/~7--. Please issue a Rule upon the Plaintiff to file a Complaint within twenty (20) days after service hereof, or suffer judgment of non pros. GOLDBERG, KATZMAN & SHIPMAN, P.C. ~ef~r~on-J. Sh~'pr~an, Esquire '320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant RULE TO: William P. Douglas, Esquire 27 West High Street Carlisle, PA Attorney for Plaintiff A Rule is hereby issued upon Plaintiff to file a Complaint against Defendants within twenty (20) days of service hereof, or suffer judgment of non pros. 79~90.DATE 1--~/ /~' ~,',~)0~..~ Curt Long, Prot~(~no~<~ CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the .~day of ~ , 2002, addressed to the following: William p. Douglas,, Esquire Douglas, Douglas & Douglas 27 West High Street Carlisle, PA 17013 GOLDBERG, KATZMAN & SHIPMAN, P.C. Harrisburg, PA 17108 Attorneys for Defendant Telephone: (717) 234-4261 79491.1 DOUGLAS, DOUGLAS & DOUGLAS 27 W. HIGH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717-243-1790 WILLIAM p. DOUGLAS, ESQ. Supreme Court I.D.# 37926 Kurt Mullen vs Jacquelyn Ann Aust Plaintiff Defendant In the Court of Common Pleas of Cumberland County, Pennsylvania No. 02 846 Civil Term Civil action law Jury Trial Demanded 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 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 OBJF_L~IONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAy BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR REI.IEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Square Carlisle PA 17013 717-249-3166 DATE: May 24, 2002 o Complaint The plaintiff, Kurt Mullen, is an adult individual residing at 42 Chestnut Avenue., Carlisle, Cumberland County, Pennsylvania. The Defendant, Jacquelyn Ann Aust, is an adult individual residing at 1008 Rebecca Lane., Carlisle, Cumberland County, Pennsylvania. On or about, May 20, 2000, the plaintiff was sitting in his vehicle, on North Hanover Street, in the Borough of Carlisle, waiting to turn into the Hess Express. At about the same time and place, the defendant was operating her vehicle in a northerly direction on North Hanover Street in the Borough of Carlisle. The defendant failed to stop for plaintiff's, that was waiting to turn, and as a result struck the rear of the plaintiff's vehicle. The impact occurred as a direct and proximate result of the defendant's negligence. The defendant was negligent in the following respects: a) failing to maintain a proper lookout; b) failing to drive within the assured dear distance ahead; c) failing to operate her vehicle in a safe and prudent manner; d) failing to stop her vehicle before she collided with the plaintiff. As a direct and proximate result of the negligence of the defendant the plaintiff was injured, his injuries, and/or aggravation of his pre-existing condition(s), include but are not limited to: a) injury to his nerves and nervous system; b) injury to his spine and supporting structures; c) chronic pain; As a result of his injuries, the plaintiff has incurred medical expenses in the past and may continue to incur the same in the future in amounts in excess of that covered by the Pennsylvania Motor Vehicle Financial Responsibility Act. 10. As a result of his injuries, the plaintiff has incurred great pain and suffering and will continue to incur the same in the future. · tvemence, poss~vle future disfigurement, disability, and a loss of life's pleasures, and will continue to incur the same in the future. 12. As a result of the injuries the plaintiff sustained on May 20, 2000, the plaintiff may have lost wages and the plaintiff's economic horizons may be limited. Wherefore it is prayed that judgment be entered in favor o the ' ' .defendant in an amount in excess or ,u~ .... ~-- ~ pla~nhff and against the jury trial is hereby demanded. ,ff ,,u~L reqmrmg compulsory referral to arbitration. A May 24, 2002 , Respecffullyce~bmit~d, William p. Douglas, Attorney for Plain~ AFFIDAVIT I hereby swear or affirm that the foregoing is true and correct to the best of rny knowledge and/or information and belief. This is made su~ect to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsification to authorities. Date: May 24, 2002 Jeffeson J. Shipman, Esquire I.D. #51785 GOLDBERG, KATZF~N & SHIPM3%N, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant KURT MULLEN, Plaintiff VS. JACQUELYNAATNAUST, Defendant : IN THE COURT OF : CUMBERLAND COUN~ : : CIVIL ACTION - AW : : NO.. 02-846 : JURY TRIAL DEMANDED COMMON PLEAS 'Y, PENNSYLVA/~IA ~OTICE TO PLEAD TO: Plaintiff and his Attorney, William p. Douglas,, Esquire Douglas, Douglas & Douglas 27 West High Street Carlisle, PA 17013 YOU ARE HEREBY notified to plead to the within New Matter of Defendant, Jacquelyn Ann Aust, within twenty (20~ days of service hereof. GOLDBERG, KATZM_AN q~ffe~Son J. Shl A~torney I.D. 51 P.O. Box 1268 Harrisburg, PA 11 (717) 234-4161 Attorneys for Del SHIPMAN, P.C. ~man, Esquire '85 108-1268 endant DATE~ [~_ 80308.1 Jefferson J. Shipman, Esquire I.D. #: 51785 Goldberg, Katzman & Shipman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant VS. KURT MULLEN, Plaintiff JACQUELYNA/~NAUST, Defendant : IN THE COURT OF : CUMBERLAND COUN : : CIVIL ACTION - : : NO.. 02-846 : JURY TRIAL DEM3~ ANSWER AND NEW MATTER DF DEFENDANT, AUST AND NOW, comes the Defendant, Jacquelyn Ann through her counsel, Goldberg, Katzman & Shipman the following Answer and New Matter in response Complaint: 1. Admitted. 2. Admitted. COMMON PLEAS 'Y, PENNSYLVANIA J~W 'DED Aust, by and P.C., and files ~o Plaintiff's 3. Denied. After reasonable investigation' the answering Defendant, Jacquelyn Ann Aust, is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph No. 3 and the same are, therefore, denied. 4. Admitted. 5. Denied. The averments contained in Paragraph 5 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained there are specifically denied. 6. Denied. The averments contained in P~ conclusions of law and fact to which no respons~ a response is deemed to be required· the avermei therein are specifically denied. 7. Denied. The averments contained in P~ conclusions of law and fact to which no response a response is deemed to be required· the averme~ therein are specifically denied. a. Denied. It is specifically deni failed to maintain a proper look-out; b. Denied. It is specifically deni~ failed to drive within the assured clear d~ c. Denied. It is specifically denie failed to operate her vehicle in a safe and and d. Denied. It is specifically denie( was negligent in allegedly failing to stop before she collided with the Plaintiff. 8. Denied. The averments contained in Par part conclusions of law and fact to which no res required. If a response is deemed to be require ~ragraph 6 are is required. ts contained .ragraph 7 are is required. ts contained d that Ms. Aust that Ms. Aust ~tance ahead. that Ms. Aust )rudent manner; that Ms. Aust er vehicle graph 8 are in onse is · the averments If If therein are specifically denied. After reasonable investigation Ms. Aust is without sufficient knowledge or information to form a belief as to truth of the remaining averments o relating Plaintiff's alleged injuries and the s~ denied and strict proof demanded at the time of 9. Denied. After reasonable investigati( Defendant Ms. Aust is without sufficient knowle, to form a belief as to the truth of the avermen' Paragraph 9 relating to Plaintiff's alleged injl expenses and the same are therefore denied and demanded at the time of trial. 10. Denied. After reasonable investigatio Defendant, Ms. Aust, is without sufficient knowl information to form a belief as to the truth of contained in Paragraph No. 10 relating to Plaint and suffering and the same are, therefore, denie~ proof demanded at the time of trial. 11. Denied. After reasonable investigatio~ Defendant, Ms. Aust, is without sufficient knowl, information to form a belief as to the truth of contained in Paragraph No. 11 relating to Plaint aggravation and inconvenience, possible future di Paragraph 8 ne are therefore trial. .n the answering !ge or information s contained in ties and medical trict proof n, the answering edge or 2he averments [ff's great pain and strict the answering dge or he averments ff's alleged sfigurement, negligence is expressly denied, any such negligence was not a proximate cause of any damages to the Plaintiff.! 16. That if the Plaintiff suffered the injiuries alleged in Complaint, those injuries were caused in whole or in part by the the negligence of Plaintiff himself, and recovery in this action may be barred or diminished in accordance with Comparative Negligence Act, 42 Pa. C.S.A. §7102 17. That the injuries and damages alleged Plaintiff's Complaint may have been caused by a 18. That the accident and injuries and dam the Plaintiff's Complaint may have been unavoida 19. That the accident and injuries alleged Complaint may have been caused by a third person presently involved in this accident. WHEREFORE, the Defendant, Jacquelyn ~knn Aus~, respectfully requests that Judgment be entered in her favor a~d that Plaintiff's Complaint be dismissed with prejudice. he Pennsylvania et seq. in the sudden emergency. ages alleged in ~le. in Plaintiff's or entity not Respectfully submitted. I ! GOLDBERG, KATZMAN & SHIPMAN, P.C. Jefferson J.~S~ipman, Esquire Attorney I.D. #51785 Counsel for Defendant. Jacquelyn Ann Aust 5 VERIFICATION ~ I, JACQUELINE ANN AUST, hereby acknowledge that I am a Defendant in this action; that I have read the foregoing document and that the facts stated therein are true and Correct to the best of my knowledge, information and belief. I understand that any false statements herein are made s~ject to penalties of 18 Pa. C.S. Section 4904, relating ito unsworn falsification to authorities. O- ~acq~l~ An'n-~s t CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and Correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Tail at Harrisburg,~ennsylvania, with first-class postage prepaid on the t~day o~ , 2002, addressed to ~he following: William P. Douglas,, Esquire Douglas, Douglas & Douglas 27 West High Street Carlisle, PA 17013 GOLDBERG, KATZMAN & SHIPMAN, P.C. J~on J. ~hJpman, Esquire P!O. BOX 1268 I Harrisburg, PA ~17108 Attorneys for Dgfendant Telephone: (711) 234-4261 79491.1 DOUGLAS, DOUGLAS & DOUGLAS 27 W. HIGH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717-243-1790 WILLIAM P. Supreme GEORGE F. D( Supreme 3OUGLAS, ESQ. '.ourt I.D.# 37926 UGLAS, III, ESQ. ;ourt I.D.# 61886 KURT MULLEN 1003 SOUTH HANOVER ST. CARLISLE, PA 17013 v$ ROBERT A. AUST, JR. 28 T~NBRIDGE LANE CARLISLE, PA 17013 PLAINTIFF DEFENDANT CUMBERLANE PENNSYL~ No. O2- CIVIL ACTIC JURY TRtAL DI COUNTY 'ANIA ¸46 LAW ~MANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW 1~ 16, 17, 18, 19. Denied as a legal conclusion to which necessary, and pursuant to PA R.C.P. 1029 (c). WHEREFORE, it is prayed that that Defendant's New dismissed and judgment be entered in favor of the P] lATTER response is Matter be aintiff. Date: June 20, 2002 William P. Douglas, Attorney for Plaintiff AFFIDAVIT I HEREBY SWEAR OR AFFIRM THAT THE FOREGOING IS TRUE AND BEST OF MY KNOWLEDGE AND/OR INFORMATION AND BELIEF. THIS IS MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S.§ UNSWORN FALSIFICATION TO AUTHORITIES, , . ~ CORRECT TO THE .904 RELATING T O Jefferson J.Shipman, Esquire I.D. #: 51785 GOLDBERO, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant KURT MULLEN, Plaintiff VS. JACQUELYN ANN AUST, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : No 02-846 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice Of Intent, including the proposed subpoenas, is attached to this Certificate; (3) waived; and (4) No objection to the subpoenas has been received; the twenty waiting period was The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. GOLDBER~TZMAN & SHIPMAN, P.C. t55'. ~~r I Jefferson J. Shipman, E~quire : - I.D. #: 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, on the // day of ~q ~'e n4 ~? r~, 2002, addressed as follows: William P. Douglas,, Esquire Douglas, Douglas & Douglas 27 West High Street Carlisle, PA 17013 GOLDBERG KATZMAN & SHIPMAN, P.C. By Jefferson J. Shipman, Esquire ' I.D. #: 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Defendant Jefferson J. Shipman, Esquire I.D. #: 51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Hamsburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant KURT MULLEN, Plaintiff VS. JACQUELYN ANN AUST, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No 02-846 : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: William P. Douglas,, Esquire Douglas, Douglas & Douglas 27 West High Street Carlisle, PA 17013 Attorney for Plaintiffs PLEASE TAKE NOTICE that Defendant intends to serve five subpoenas identical to the ones that are 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 subpoenas. If no objection is made, the subpoenas may be served. GOLDBERG, KATZMAN & SHIPMAN, P.C. By~ I.D. #: 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, certified, postage prepaid, at Harrisburg, Pennsylvania, on the ~-/q day of ~e~-~r,~. be F', 2002, addressed as follows: William P. Douglas,, Esquire Douglas, Douglas & Douglas 27 West High Street Carlisle, PA 17013 GOLDBERG, KATZMAN & SHIPMAN, P.C. Jefferson J. Shipman, Esquire I.D. #: 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Defendant · ~TH OF PI~NSYLVANIA Kurt Mullen, : Plaintiff : Vo : JacquelynAnn Aust, : Defemdant : File No. 02-846 SUBPOENA TO PROOLK~ DOCUI~ENTS OR THINGS F~OR DISCOVERY PURSUANTTORULE 4009.22 TO: Sp~ T~g!ng. I~c_ (Name of Person o~ Entity) Within twenty (20) days after service of this subpoena, you a~eo~de~ed by the court to produce the following doctments or things: any and mll~medica1 records~ reports, correspondence, d~.iagnostic test results pertainimg to Kurt Mullen SSN: 184-38-2177 DOB: 1/29/64 at Goldberm, Kat~mmn & Shi,nmmn, 320 Market Street, P.O. Box 1268, Harrisburg, PA 17108-1268 (~ddress) Yo~ may deliver or mail legib)e cooies of the documents or produce things requested by this subpoena, together with the certificate of co,~liance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of prepa~ing the copies or producing the th~ngs sought. If you fail to produce the doctments or things required by this subpoena within twenty (20) days after i~s service, the perty serving this subpoermmay seek a court order 'co,¢el]ir;g you to co~wly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman, Esquire AOORESS: Goldberg, Katzman & Shipmmn 320 Market St., P.O. Box 1268, Marrisburg, PA 17108-1268 TELE~MC~E: 717-234-4161 SUPREP~COURT ID ~ 51785 Al¥ORNEY F0~: Defendant OATE :_. Ca~f the Cx~u~ E - Prothonotary/Clerk; Civ[~lVis ion - (Eff. ?/97) Kurt Mullem, Plaimtiff V. Jacquelym Ann Aust, Defendant . ~TH OF P}~R~JCL~ File No. 02-846 : : : ~SUSPOENA TO PRCDU(t DOCtYENT$ OR THIN(~- F~OR DISCOVERY PURSUANT TO I:ULE 4009.22 TO: Q,,~h~ Tmngin~ & Theraoeutic Associates, Inc. (Na~e of Person o~ Entity) Within twenty (20) days after service of this subpoena, you a~e o~dened by the court to produce the following documents o~ things: a~y and all medical records, reports, correspondence, diagnostic test results pertaining to Kurt Mullah SSN: 184-38-2177 DUB: ii29/64 at Goldberg, Katzman & Shipman, 320 Market Street, P.O. Box 1268, ~arrisburg, PA~7'iU~-i268 (&ddress) Yo~ may deliver o~ mail legible cooies of the docuT~nts or produce things requested by this subpoena, together with the certificate of c~,~liance, to the party making this request ~t the address listed above. You have the right to seek in advance the reasonable cost o~ prepa~in9 the copies or producing the things sought. If you fail to produce the doc~nents or things required by this subpoen~ within twenty (20) days after its service, the pa~ty servin9 this subpo~mmay seek a court order com~ellir:9 you to co,~ly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOELC~ING PERSON: NA~E: Jefferson J. Shipmm,, Esquire ADDRESS:_Gfll~lherm. Kat~mm, & Shipman, Rmquire 320 Market St., P-O. Box 1268, Harrisburg, PA 17108-1268 ~ELEP~E: 717-234-4161 SUPREPE OCORT ID ~ 51785 ATTORNEY FOR: Defendamt Seal ~f the ~.t' honotapy/Clerk, Civi ~ision (Elf. ~/97) . ~TH OF Pt~qNSYLVANIA Kurt~lullen, : Plaintiff : : File No. JacquelynAnn Aust, : : Defendant 02-846 SUBPOENA TO PRO(OI(~ ~NTS OR THINC'~: FOR DISOOVERY PURSUANT TO RULE 4009.22 TO: Ma_e~etic !mmRimR Center (Name of Person o~ £ntity) Within twenty (20) days afte~ service of this subpoena, you a~eo~de~ed by the court to produce the fo]lowing doctrne~ts o~ things: any and all medical records, reports, correspondence, diagnostic test results pertaining to Kurt Mullen $S1~ i64-38-2177 DOB: 1/29/64 at Goldberg, Katzman & Shipman, 320 Market Street, P.O. Bo~ 1ZOO, ~arrtsburg, FA (Address) You may delive~ o~ mail legible cooies of the documents or produce things requested by this subpoena, togethe~ with the certificate of cc~liance, to the party making this request at the address listed above. You have the right to seek in advan, ce the reasonable cost oF prepa~ing the copies or producing the things sought. If you fail to produce the doctments or things required by this subpoena within twenty (20) days afte~ its service, the pa~ty serving this subpoermmay seek a court orde~ o~,~ellir:9 you to c~',uly with it. THIS SUBPOENA WAS ISSUED ATTHE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipmm-, Esquire ADORESS: Goldberg, Kat~mmn & Shipmmn, P.C. 320 Market St.~ P.O. Box 1268, Marrisburg, PA 17108-1268 TELEP~E: 717-234-4161 SUPREItECOURT lO ~ 51785 A1-FORNEY FOR: h~fendnnt DATE: the (~Sur, t '---' - Deputy (Elf. 7/97) · ODMPlDNWEALTH OF p~YLVANI~ Kurt Hullen, : Plaintiff : : File No.02-846 Jacquelyn Ann Aust, : : Defendant SUBFK)ENATO PRODUC~ DOCl.II'~NTS OR THIN(3S FOR DISOOVERY PURSUANT TO RULE 4009.22 TO: ~=~- Chiropractic (Nan~ of Person or Entity) Within twenty (20) days after service of this subpoena, you ~e ~d~ by ~e ~t to p~uce the foll~i~ ~ts ~ ~ings: any amd all medical records, reports, correspondence, dia~ostic test results pertaining to Kurt Mullen SSN: 184-38-21~Y DO~: I/zM/64 at Goldberg, Katzman & Shipman, 320 Market Street, P.O. Box 1268, Harrisburg, PA %/IUS-i26B (~ddress) You ~.ay deliver o~ m~il legible caoies of the documents or produce things requested by this subpoena, together with the certificate of ou,~liance, to the pa~ty making this request at the address listed above. You have the right to seek in advance the reasonable cost oF prepa~in9 the copies or producing the things sought. If you fail to produce the doc~nents on things required by this subpoena within twenty (20) days after i~s service, the party serving this subpoena may seek a court order co~-~ellir;g you to co,~ly with it. 'FI-IlS SUBPOENA, WAS ISSUED AT THEREQUESTO~ THE FOLLOWINQPERSON: NAME: Jefferson J. Shipmmn, Esquire ADORESS:_C~.ldberm, Katzmm- & Shipman, P.C. 320 ~mr~mt ~t~,_P.O. Box 1268, Marrisburg, PA 17108-1268 ~ELEP~E: 7~7-~R&-&161 SUPRE~OOORT ID ~ 51785 ATTORNEY FO~: Defendant 'Se~l--~f the OxSu~.t - BY ~ (X)URT: Prothonotary/Clerk, Ci~vis ion ! Deputy (Eff. 7/97) · ~TH OF PENI~qYLVANIA Kurt Mullen, : Plaintiff : : v. : File No.02-846 Jacquelyn Ann Aust, : : Defendant : SUBPOENA TO PRODUCE DOCtlMENTSORTHINGC~. FOR DISOOVERY PURSUANT TO RULE 4009.22 TO: Turnbaugh Family Chiropractic (Na~e of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the fol)o~ing docunemts o~ things: .any and all medical records, reports, correspomdemce, d~m~mn~ti~ t-st_~ze~3~s perta~n~n~ to Kurt. M,,]]en SSN: 184-38-2177 DOB: 1/29/64 atGoldberg, Katzmam & Shipman, 320 Market Street, P.O. Box 1268, Harrisburg, PA 17108-1268 (Address) You may deliver or mail legible cooies of the ~nts or produce things requested by this subpoena, together with the certificate of oompliance, to the party n~king this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the c~ies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after i~s service, the party serving this subpoena may seek a court order cu,~ellir;g you to ou,uly with it. /HIS SUB~2~NAWAS I SSUEDATIH~ REQOESTO~THE FOLLOWIN~PERSON: NABS: Jefferson J. Shipman, Esquire ADDRESS: ~oldberg, Katzmam& Shipman, P.C. 320 Market St., P.O. Box 1268, Harrisburg, PA 17108-1268 ~ELEPh~dE: 717-234-4161 SUPR~ COURT ID ~ 51785 A'I-FORNEY FOR: BY COURT: ~ ~ C Deputy (Eff. 7/97) Jefferson J. Shipman, Esquire I.D. #: 51785 GOLDBERO, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant KURT MULLEN, Plaintiff VS. JACQUELYN ANN AUST, Defendant : IN THE COURT OF COMM CUMBERLAND COUNTY, : CIVIL ACTION - LAW : : No 02-846 : JURY TRIAL DEMANDED CERTII~ICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pi 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the thereto, was mailed, via Certified Mail, or delivered to each party at least tw. date on which the subpoenas were sought to be served; (2) A copy of the Notice Of Intent, including the proposed subpoe this Certificate; (3) No objection to the subpoenas has been received; the twenty d was waived; and (4) The subpoenas to be served are identical to the subpoenas attai Of Intent. ~)N PLEAS OF PENNSYLVANIA ~rsuant to Rule ~ubpoenas attached ~ty days prior to the nas, is attached to ty waiting period :hed to the Notice By vI Jefferson J. Shipman, Et,quire I.D. #: 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108i Attorney for Defendant 1268 Date: t-// ~,/~) 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the fo~ egoing document upon all counsel of record by depositing the same in the United States Mail, Orst-class, postage ! prepaid, at Harrisburg, Pennsylvania, on the ~4~ dayof /(~?iJ~ ]] , 2003, addressed as follows: William P. Douglas,, Esquire Douglas, Douglas & Douglas 27 West High Street Carlisle, PA 17013 GOLDBERG, KATZMAN & S By Jefferson J. Shipman, Es I.D. #: 51785 320 Market Street P.O. Box 11268 Harrisburg, PA 17108- Attorney for Defendant uire 268 Jefferson J. Shipman, Esquire I.D. #: 51785 C-~DLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108q268 Telephone: (717) 234-4161 Attorneys for Defendant KURT MULLEN, Plaintiff VS. JACQUELYN ANN AUST, Defendant IN THE COURT OF COIvl~ CUMBERLAND COUNTY CIVIL ACTION - LAW No 02-846 J-URY TRIAL DEMANDEI~ NOTICE OF INTENT TO SERVE SUBPOENA T¢ PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RUI,E 4009.21 TO: William P. Douglas,, Esquire Douglas, Douglas & Douglas 27 West High Street Carlisle, PA 17013 Attorney for Plaintiffs PLEASE TAKE NOTICE that Defendant intends to serve one subpoen that is attached to this notice. You have twenty (20) days from the date listed of record and serve upon the undersigned an objection to the subpoena. If no subpoena may be served. ION PLEAS OF PENNSYLVANIA .s identical to the one >elow in which to file >bjection is made, the Date: GOLDBE~ By, ~ ~ efferso~ ATZMAN & ~HIPMAN, P.C. J. Shipman, Esqhire I.D. #: 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 Attorney for Defendanl -1268 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct: copy of the fi upon all counsel of record by depositing the same in the United States Mail, prepaid, at Harrisburg, Pennsylvania, on the p, t', J da.,? of addressed as follows: William P. Douglas,, Esquire Douglas, Douglas & Douglas 27 West High Street Carlisle, PA 17013 GOLDBERG, KATZMAN & By regoing document certified, postage ,2003, Jefferson J. Shipman, Ed I.D. #: 511785 320 Market Street P.O. Box 1268 Harrisburg, PA 171085 Attorney :for Defendant quire 1268 Kurt Hullen, Plaintiff JacquelynAnn Aust, Defendant TO: Dr. Rodney ~ough : F~ le No. : : 02-846 ~UBPOENA TO PR~ ~NTS OR THING~ F~OR DISCOVFR~YPUR..g. JANT TO RULE 4009.22 (Name of Person or Entity]) Within twenty (20) days after service of this subpoena, you are or( prc~Juce the following doct~nents o~ things: an~.medicaZ recor~ diagnostic test results pertaining to Kurt Hullen SSN: 184-38-2177 Jered bY the court to DOB: 1/29/64 at Goldberg, Katzman & Shipman, 320 Nmrket St., P.O.Box 1268, Harrisbt rg, PA 17108-1268 (Address) request ~t the ~ddress listed ~bov^ ~x?c~te._of .?Ii-rice, .to ~he papty ~king this cost or prepping the ~ies or ~r~L,-l~,-naf~.~ne rl~.to s~k in a~v~ce the feasible .... If_ y~ ~1 ~.Pr~uoe the ~nts ~ things pe~ed b th~s sr ' kzu} aays ~T~ i~s s~vim~ ~k .... ' Y ~b~ within twenty · - ,-- · . --, ~ P~y serving th~s sublethal% seek ~eillr;g y~ ~ ~ly with it. ' " THIS SUBPOENA WAS ISSUED AT THE REQUEST O~ THE FOLLOWINGPERSON: NA~: Jefferson J. Ship~m~, Esquire ADORE$S: Goldberg, Katz~an & Shipman, P.C. 320~arket St., P.O. Box 1268, Harrisburg, PA 17108-1268 TELEPHOt~E:.. 717-2~4-~161 SUPREI~ODL~T ID ~ 51785 ATTORNEY FOR: Defendant BY CX)L~T: ' SeaJi of th--e ~:-t-- ~ (Eff. 7/97) PRAECIPE FOR LISTING CASE f~R TRIAL (Must be typewritten and suk~nitted in duplicate) TO THE PROTHONOTARY OF CUMBE~ COUNTY Please list the followin9 case: (Check one) ( X ) for JURY trial at the next term of civil court. ( ) for trial without a jury. C3~PTION OF CASE (entire caption r~ust be stated in full) KURT MULLEN ( Plaintiff ) vs. JACQUELYN ANN AUST ( Defendant ) vs. ( check one ) (x) Civil Action - Law ( ) Appeal from Arbitration ( ) (other) The trial list will be called on and February 17~ 2004 Trials commence on March 15, 2004 Pretrials will be held on Feb. 25, 2004 (Briefs are due 5 days before pretrials. ) (The party listin9 this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1. ) No. 02-846 Indicate the attorney who will try case William P. Douglas, Esquire Civil 19 for the party who files this praecipe: Indicate trial counsel for other parties if known: 3efferson J. Shipman, Esquire, Goldberg, Katzman & Shipman, 320 Market St. Harrisburg. PA 17108-1268 (717~ 234-4161 Attorney for Defendant This case is ready for trial. Date: January 25, 2004 Signed: ~_ Print Name: William P. Douglas~ Attorney for: Plaintiff #22 KURT MULLEN, Plaintiff JACQUELYN ANN AUST, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02-846 CIVIL TERM PRETRIAL CONFERENCE AND NOW, this 25th day of February, 2004, before Edgar B. Bayley, Judge, present for the plaintiff was William P. Douglas, Esquire, and for the defendant, Jefferson J. Shipman, Esquire. This is an automobile accident, that occurred on May 20, 2000, which Defendant rear ended Plaintiff. Negligence is admitted, caus~ion and damages are in dispute. Plaintiff seeks general damages for a cervical injury. Estimated time of trial from start to finish, one day. By the Court, Edgar B. Bayley, J. William P. Douglas, 27 West High Street Carlisle, PA 17013 For the Plaintiff Esquire Jefferson J. Shipman, P.O. Box 1268 Harrisburg, PA 17108 For the Defendant Esquire pcb DOUGLAS LAW OFFICE 27 W. HIGH ST. POB 261 CARLISLE PA 17013 TELEPHONE 71%243-1790 William P. Douglas, Esq. Supreme Ct. ID # 37926 Kurt Mullen VS Jacquelyn Ann Aust Plaintiff Defendant In the Court of Common Pleas of Cumberland County, Pennsylvania No. 02 -- 846 Civil Term Civil action law Jury Trial Demanded Praecipe to Settle and Discontinue Dear Mr. Long, Please mark the above captioned matter settled and discontinued. March 19, 2004 William P. Douglas, Esq. Attorney for l~aintiff