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HomeMy WebLinkAbout13-4137 L . Supreme Coti4,ofTennsy1vania Court 4- Common• Pleas For Prothonotary Use Only: CiviYCovejSheet Docket No: t, CUMBERLAND County j3 _ x!13 7 The information collected on- this form is used solely,for court administration purposes. This form does not supplement or replace the filing and service of'pleadings or other papers as required by laiv or rules of court. Commencement of Action: S E Complaint El Writ of Sununons El Petition Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: AMY DEVINS, AS PNG OF HALLIE DEVINS, A MINOR DWAYNE DAVIS T Dollar Amount Requested: F1 within arbitration limits I Are money damages requested? E Yes ❑ No (check one) : outside arbitration limits O N Is this a Class Action Snit? ❑ Yes X No Is this an MDJAppeal? ❑ Yes El No A Name of Plaintiff /Appellant's Attorney: GERARD C. KRAMER, ESQ. - SCHMIDT KRAMER PC ❑ Check here if you have no attorney (are a Self- Represented JPrt, Se) Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include A9ass Tort) CONTRACT (do not include luck ments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment x❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections Nuisance ❑ Dept. of Transportation Premises Liability ❑ Statutory Appeal: Other S ❑ Product Liability (does not include mass tort) ❑Employment Dispute: E Discrimination ❑ Slander/Libel/ Defamation C 0 Other: El Employment Dispute: Other El Zoning Board T ❑ Other: I ❑ Other: O MASS TORT ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Other; El Ejectment El Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 .a � - !LED r,,.c_ SCHMIDT KRAMER PC r 1 L E � T N Q! J i r ; rt'; By: Gerard C. Kramer, Esquire 1013 JUL 17 AM IU: %3 3 209 State Street Harrisburg, PA 17101 CUMBERLAND CQUITY (717) 232 -6300 PENNSYLVANIA (717) 232 -6467 Fax gkramer@schmidtkramer.com Attorney for Plaintiff AMY DEVINS, AS PARENT : IN THE COURT OF COMMON PLEAS AND NATURAL GUARDIAN OF : CUMBERLAND COUNTY, HALLIE DEVINS, A MINOR, PENNSYLVANIA Plaintiff V. . No. l A3 7 DWAYNE DAVIS, CIVIL ACTION -LAW Defendant. JURY TRIAL DEMANDED 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 any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249 -3166 � a 93,3Y_ AVISO USTED HA SIDO DEMANDADO /A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para. usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249 -3166 a SCHMIDT KRAMER PC By: Gerard C. Kramer, Esquire 209 State Street Harrisburg, PA 17101 (717) 232 -6300 (717) 232 -6467 Fax krame schmidtkramer.com Attorney for Plaintiff AMY DEVINS, AS PARENT : IN THE COURT OF COMMON PLEAS AND NATURAL GUARDIAN OF : CUMBERLAND COUNTY, HALLIE DEVINS, A MINOR, PENNSYLVANIA Plaintiff V. No. DWAYNE DAVIS, CIVIL ACTION - LAW Defendant. JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiff AMY DEVINS as parent and natural guardian of HALLIE DEVINS, a Minor, by and through her attorney, GERARD C. KRAMER, ESQUIRE, and SCHMIDT KRAMER PC and avers the following: 1. Plaintiff Amy Devins is an adult individual with a physical address of 90 Salem Church Road #516, Mechanicsburg, Cumberland County, PA 17050. She is the parent and natural guardian of Hallie Devins, a minor. 2. Plaintiff Hallie Devins is a minor with a birth date of September 10, 2006 and a permanent address of 90 Salem Church Road #516, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Defendant Dwayne Davis is an adult individual with a physical address of 110 Pleasant View Terrace, New Cumberland, Cumberland County, Pennsylvania 17070. 1 4. The facts and occurrences hereinafter stated took place on March 15, 2012 at approximately 5:40 pm at 148 Salem Church Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 5. Defendant was the owner of a 2005 Ford F -150. 6. At all relevant times of the accident, Defendant was the operator of the 2005 Ford F -150. 7. On March 15, 2012, Plaintiff Hallie Devins was standing along Salem Church Road with Alicia Devins and Eric Hammaker. 8. Defendant was operating his vehicle on Salem Church Road. 9. Defendant's vehicle drifted toward Plaintiff Hallie Devins and her clothing became caught in the vehicle. 10. Plaintiff Hallie Devins was dragged underneath the vehicle for approximately 3 to 5 feet. 11. As a direct result of the accident, Plaintiff sustained, inter alia, the following injuries: a. Right femur fracture; b. Left ankle fracture; c. A soft tissue defect down to the tibia; d. Lacerations on ankle; e. Lip laceration; f. Bilateral lower extremity abrasions; and g. Alveolar ridge fracture. . 12. The accident at issue was initiated and legally caused by the negligence, carelessness, and /or recklessness of Defendant, consisting of the following: a. Failing to have his vehicle under proper and adequate control; b. Operating a vehicle so as to create a dangerous situation for pedestrians on or along the roadway; c. Operating a vehicle at an excessive rate of speed under the circumstances; d. Failure to apply the brakes in time to avoid hitting the pedestrian; e. Failure to operate a vehicle in accordance with existing traffic conditions; f. Failure to observe Plaintiff on or along the roadway; g. Failure to keep a reasonable lookout for pedestrians; and h. Failure to keep his vehicle within the proper lane of traffic. 13. As a direct and proximate result of the motor vehicle accident, Plaintiff Hallie Devins has been advised and, therefore avers, that she has suffered injuries that are /were serious and may be permanent in nature and effect and, thus, a claim for these injuries is made. 14. As a direct and proximate result of the motor vehicle accident, Plaintiff Hallie Devins has incurred medical expenses for the injuries including surgeries and other medical procedures and may continue to incur medical expenses collectable under the Pennsylvania Motor Vehicle Financial Responsibility Act and thus, a claim for these expenses is made. 15. As a direct and proximate result of the motor vehicle accident, Plaintiff Hallie Devins has incurred the following medical expenses: Hampden Township EMS $ 718.00 Hershey Medical Center $ 200,394.61 Total 201,112.61 16. These medical expenses were paid by the Pennsylvania Department of Public Welfare, who is asserting a lien totaling $33,397.90 as of May 2, 2013 and is expected to increase with current and future medical treatment. 17. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff Hallie Devins has suffered an impairment of her future earning power and capacity, and thus, a claim for these losses is made. 18. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff Hallie Devins has undergone in the past, and may continue to undergo in the future, great pain and suffering, and thus, a claim for these losses is made. 19. As a direct and proximate result of the motor vehicle accident, Plaintiff Hallie Devins has suffered a serious impairment of her daily functions including the ability to perform her normal daily activities. 20. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff Hallie Devins has suffered a permanent diminution of her ability to enjoy life and life's pleasures, and thus, a claim for these losses is made. 21. As a direct and proximate result of the injuries sustained in the motor vehicle accident, plaintiff has suffered permanent disfiguring scarring. 22. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff Hallie Devins has undergone in the past, and may continue to undergo in the future, great embarrassment and humiliation, and thus, a claim for these losses is made. 23. Plaintiff Hallie Devins makes claim for all non - economic damages permitted by Pennsylvania statutory and common law. WHEREFORE, Plaintiff respectfully requests Your Honorable Court grant judgment in her favor and against the Defendant in an amount in excess of the amount requiring compulsory arbitration. Respectfully Submitted, SCHMIDT KRAMER, PC Date: 1� By: /209 rard C. Kramer, Esquire . No. 44715 State Street arrisburg, PA 17101 (717) 232 -6300 (t) (717) 232 -6467 (f) gkramer@schmidtkramer.com Attorney for Plaintiff f VERIFICATION I, Amy Devins, hereby verify that I am a Plaintiff in the foregoing action and that the attached Complaint is based upon the information which has been gathered by my counsel in preparation of this lawsuit. I have read the Complaint, and to the extent it is based upon information which I have given to counsel, is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the Complaint are that of counsel, I have relied upon counsel in making this Verification. I understand that intentional false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications made to authorities. DATE: Amy De ns _ }EL _t; - � ORIGINAL LID I �IE i"RO THQNO ;"Ft 'E. 2Q13 AUG °5 PN 1: 55 rUMMERLA U COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AMY DEVINS, as Parent and Natural Guardian of HALLIE DEVINS, a minor, Plaintiff NO. 13-4137 Civil V. JURY TRIAL DEMANDED DWAYNE DAVIS, Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of George H. Eager of Eager, Stengel, Quinn &Sofilka as attorney of record on behalf of the Defendant in the above captioned action. EAGER, STENGEL, QUINN & SOFILKA DATE: of O"5- BY: GeorgwI4. Eager quire Attorney for De ant I.D. No. 2774 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 i i CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Praecipe for Entry of Appearance upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Gerard C. Kramer, Esquire Schmidt Kramer, PC 209 State Street Harrisburg, PA 17101 EAGER, STENGEL, QUINN & SOFILKA DATE: BY: George H. Ea , Esquire Attorney for fendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 4 Sheriff Jody S Smith r Mrn � Chief Deputy //�� F �! Richard W Stewart Solicitor OFFICE OF THE SYERIFF f 7 CZ Amy Devins vs. Case Number Dwayne Davis 2013-4137 SHERIFF'S RETURN OF SERVICE 07/17/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Dwayne Davis, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Complaint& Notice according to law. 07/31/2013 05:49 PM-The requested Complaint&Notice served by the Sheriff of York County upon Rosemary Davis, Wife, who accepted for Dwayne Davis, at 110 Pleasant View Terrace, New Cumberland, PA 17070. Richard P. Keuerleber, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.46 SO ANSWERS, August 13, 2013 RON R ANDERSON, SHERIFF (c)CeuntySulte Sheriff,Teleosoft Inc. SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J.MANGAN, ESQ. Sheriff Solicitor Reuben B Zeager Richard E Rice, II Chief Deputy, Operations Chief Deputy,Administration AMY DEVI NS,AS PARENT AND NATURAL GUARDIAN OF HALLIE DEVINS,A MINOR Case Number vs. DWAYNE DAVIS 13-4137 CIVIL SHERIFF'S RETURN OF SERVICE 07/31/2013 05:49 PM-DEPUTY HOLLY RODE, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT&NOTICE BY HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE ROSEMARY DAVIS, WIFE,WHO ACCEPTED AS"ADULT PERSON IN CHARGE"FOR DWAYNE DAVIS AT 110 PLEASANT VIEW TERRACE, NEW CUMBERLAND, PA 17070. HOLLY ROD V, DEPUTY SHERIFF COST: $68.20 SO S, August 07, 2013 RICHARD P KE LEBER, SHERIFF COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sheila E.Cook,Notary Public City of York,York County My Commission Expires Feb.1,2017 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES ------------------------------------------------------------------------------------------------------------------------------------------- NOTARY Affirmed and subscribed to before me this ` 7TH day of AUGUST 2013 (c)CountySuite Sheriff,Teleosoft,Inc. 4 ORIGINAL f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AMY DEVINS, as Parent and Natural Guardian of HALLIE DEVINS, a minor, Plaintiff NO. 13-4137 Civil V. JURY TRIAL DEMANDED DWAYNE DAVIS, Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of Defendant's Request for Production and Copying of Documents -Set No. 1 Directed to Plaintiffs up®r) the_, �= c7D :; zC person set forth below and in the manner indicated: m � --I -, First class mail, postage pre-paid: ; CD Gerard C. Kramer, Esquire � Cl Schmidt Kramer, PC _ 209 State Street •• ` ' Harrisburg, PA 17101 �FA EAGER, STENGEL, QUINN & SOFILKA DATE: © ltS�!L� BY: O George H. Eage , Esquir IV Attorney for Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AMY DEVINS, as Parent and Natural Guardian of HALLIE DEVINS, a minor, (71 Plaintiff NO. 13-4137 Civil JURY TRIAL DEMANDED ' DWAYNE DAVIS, �' Defendant CERTIFICATE OF SERVICE HEREBY CERTIFY that I have this day served an original of Interrogatories of Defendant Addressed to Plaintiffs upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Gerard C. Kramer, Esquire Schmidt Kramer, PC 209 State Street Harrisburg, PA 17101 EAGER, STENGEL, QUINN & SOFILKA DATE: 8 S BY: George H. Eager, Es ui Attorney for Defend V4 No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 EXAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AMY DEVINS, as Parent and Natural Y Guardian of HALLIE DEVINS, a minor, rnC0 =t; Plaintiff NO. 13-4137 Civil `_` - a V. JURY TRIAL DEMANDED DWAYNE DAVIS, C--,. . Defendant . ANSWER WITH NEW MATTER You are hereby notified to plead to the within New Matter within 20 days from the date of service hereto or a default judgment may be entered against you. AND NOW COMES DEFENDANT, BY AND THROUGH HIS ATTORNEY, GEORGE H. EAGER, AND FILES THE FOLLOWING ANSWER: 1.- 6. Admitted. 7-23. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant asks that judgment be entered in its favor and against the Plaintiff on all claims set forth in Plaintiffs Complaint. NEW MATTER 24. Paragraphs 1 through 23 inclusive above are incorporated herein by reference and made a part hereof. 25. Plaintiff's recovery is barred and/or limited pursuant to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Act, 75 Pa.C.S.A. 1701, et. seq., and Answering Defendant hereby assert all of the rights and defenses available to him under the aforementioned act. 26. Plaintiff's claims are barred and/or limited pursuant to the applicable Statute of Limitations, the relevant portions of which are incorporated herein by reference. 27. Plaintiff's claims are barred and/or limited by the tort thresholds, applicable by election or law, of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. §1701, et. seq. 28. Plaintiff's claims are barred and/or limited by the preclusion of pleading, proving and/or recovering special damages as set forth in §1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law, Pa.C.S.A. §1722. 29. Plaintiff's claims are barred by the affirmative defenses identified in Pennsylvania Rule of Civil Procedure 1030, including but not limited to (a) waiver; (b) estoppel; (c) statutes of limitation; (d) laches; (e) illegality; (f) release; (g) impossibility of performance; (h) fraud; (i) assumption of the risk; and 0) payment. WHEREFORE, Answering Defendant respectfully demands judgment in his favor and against all other parties together with the costs of this action. EAGER, STENGEL, QUINN & SOFILKA DATE: b 113 BY: George H. Eage , E wire Attorney for De dant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 VERIFICATION I, Dwayne Davis, hereby verify that I am the Defendant in the foregoing action, and that the averments of the foregoing Answer with New Matter to the Complaint are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments of the Answer with New Matter to the Complaint are based upon.an understanding or application of law, I have relied upon counsel in making this Verification. I understand that I am subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities for any false statements made herein. DW YNE DAVIS Dated: i CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Answer with New Matter upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Gerard C. Kramer, Esquire Schmidt Kramer, PC 209 State Street Harrisburg, PA 17101 EAGER, STENGEL, QUINN & SOFILKA DATE: 0 �s' I� BY: George Ff. Eager, Esq ' Attorney for Defenda I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 t AMY DEVINS, AS PARENT : IN THE COURT OF COMMON PLEAS AND NATURAL GUARDIAN OF : CUMBERLAND COUNTY, HALLIE DEVINS, A MINOR, PENNSYLVANIA Plaintiff - v. No. 13-4137 Civil `= -- DWAYNE DAVIS, : CIVIL ACTION - LAW {w Defendant. : JURY TRIAL DEMANDED c . ANSWER TO NEW MATTER AND NOW, comes Plaintiff AMY DEVINS as parent and natural guardian of HALLIE DEVINS, a Minor, by and through her attorney, GERARD C. KRAMER, ESQUIRE, SCHMIDT KRAMER PC, and respectfully responds to the New Matter averments of the Defendant as follows: 25-29. Paragraphs 25-29 state conclusions of law to which no responsive pleading is necessary. WHEREFORE, Plaintiff respectfully requests Your Honorable Court grant judgment in favor of the Plaintiff and against the Defendant in an amount in excess of the amount requiring compulsory arbitration. Respectfully Submitted, SCHMIDT KRAMER, PC Date: 2,0 1 l3 By: G and C. Kramer, Esquire .D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 (t) (717) 232-6467 (f) gkramer@schmidtkramer.com Attorney for Plaintiff ATTORNEY VERIFICATION I, Gerard C. Kramer, verify that I am attorney of record for the Plaintiff, and that the foregoing document contains no facts within the knowledge of the Plaintiff, but rather, is based upon the record or facts solely within the knowledge of the attorney; and, for that reason, I make this Verification on Plaintiff s behalf. I verify that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that intentional false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications to authorities. SCHMIDT KRAMER PC By rard C. Kramer //Attorney at Law Attorney I.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff Date: ��� '� CERTIFICATE OF SERVICE AND NOW, this day of , 2013, I, Gerard C. Kramer, Esquire, counsel for the Plaintiff, hereby certify that I have, this day, served a copy of the Answer to New Matter by serving a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: George H. Eager, Esquire Eager, Spinello, Quinn & Stengel 1347 Fruitville Pike Lancaster, PA 17601 Respectfully submitted, SCHMIDT KRAMER PC By: Gerard C. Kramer I.D.# 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff ORIGINAL OF THE PROT IiONOT0Y 2013 AUG 26 ,05 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AMY DEVINS, as Parent and Natural Guardian of HALLIE DEVINS, a minor, Plaintiff. NO. 13-4137 Civil V. JURY TRIAL DEMANDED DWAYNE DAVIS, Defendant PRAECIPE TO JOIN ADDITIONAL DEFENDANT TO THE PROTHONOTARY: Please issue a Writ of Summons joining Eric Hammaker as an Additional Defendant in the above captioned matter. Please forward a Writ of Summons to the Sheriff for service upon the Additional Defendant. EAGER, STENGEL, QUINN & SOFILKA DATE: 3a 3 BY: orge H. Eater, Esquire rney for Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 71 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Praecipe to Join Additional Defendant upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Gerard C. Kramer, Esquire Schmidt Kramer, PC 209 State Street Harrisburg, PA 17101 EAGER, STENGEL, QUINN & SOFILKA DATE: U ` a� !-3 BY: Ge rge H. Eager, Esquire Attorney for Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 e G N A L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AMY DEVINS, as Parent and Natural Guardian of HALLIE DEVINS, a minor, Plaintiff NO. 13-4137 Civil V. JURY TRIAL DEMANDED DWAYNE DAVIS, Defendant V. ERIC HAMMAKER, 90 Salem Church Road Mechanicsburg, PA 17050 Additional Defendant TO THE PROTHONOTARY: Please issue a Writ of Summons in the above captioned matter against Eric Hammaker, Additional Defendant. Please forward to the Sheriff for service upon the Additional Defendant. EAGER, STENGEL, QUINN & SOFILKA DATE: 4$ JCo I3 BY: George H. Eager s ire Attorney for D ant I.D. No. 2774 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 W, To T61A /404JIf Ohd �1JL'7`�aAdnl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AMY DEVINS, as Parent and Natural Guardian of HALLIE DEVINS, a minor, Plaintiff NO. 13-4137 Civil V. JURY TRIAL DEMANDED DWAYNE DAVIS, Defendant V. ERIC HAMMAKER, Additional Defendant TO: Eric Hammaker, 90 Salem Church Road, Mechanicsburg, PA 17050 You are notified that Dwayne Davis, Defendant, has commenced an action against you. DAVID 0. BUELL, PROTHONOTARY Date:. G, o20/3 By: Deputy Eager, Stengel,el, Quinn & Sofilka By: George H.,Eager, Esquire, I.D. #27740 Attorney for Defendant SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Hl ` ; tit„ of :r�rata� Jody S Smith ;BOGY _3 P 2- fit; Chief Deputy Richard W Stewart CUMBERLAND COUNT Solicitor - ',“r S ,3;w PENNSYLVANIA Amy Devins Case Number vs. Dwayne Davis(et al.) 2013-4137 SHERIFF'S RETURN OF SERVICE 09/27/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Eric Hammaker, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Writ to Additional Defendant as"Not Found" at 90 Salem Church Road, #502, Hampden Township, Mechanicsburg, PA 17050. Deputies were advised by a neighbor that this address has been vacant for months and to this date the Mechanicsburg Postmaster has not been able to provide a good address for the defendant. SHERIFF COST: $67.36 SO ANSWERS, September 27, 2013 RONR ANDERSON, SHERIFF 3her1f'.?e!_-osof Inc. • 1 h . OF rrj�) 1j.n b/dIS r CU BE��J-4ND g� y YL VANIA f SCHMIDT KRAMER PC BY: Gerard.C. Kramer, Esquire I.D. # 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) gkramerL@schmidtkramer.com Amy Devins, as Parent and : IN THE COURT OF COMMON PLEAS Natural Guardian of Hallie CUMBERLAND COUNTY, Devins, a Minor, : PENNSYLVANIA Plaintiff V. : No. 13-4137 Dwayne Davis, CIVIL ACTION - LAW Defendant 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, Plaintiff certifies that: (1) A Notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; } (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) no objection to the subpoena has been received; and (4) the subpoena which will be served is identical to the -subpoena which is attached to the notice of intent to serve the subpoena. Respectfully submitted, SCHMIDT KRAMER PC By:— /erard C. Kramer, Esquire ID # 44715 209 State Street Harrisburg, PA 17101 717-232-6300 Attorney for Plaintiff Date:, SCHMIDT KRAMER PC BY: Gerard C. Kramer, Esquire, ESQUIRE I.D. #44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) j2acrameit@,schmidt'kramer.com Amy Devins, as Parent and IN THE COURT OF COMMON PLEAS Natural Guardian of Hallie CUMBERLAND COUNTY, Devins, a Minor, PENNSYLVANIA Plaintiff V. No. 13-4137 Civil Dwayne Davis, Sr., CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA Plaintiff intends to serve a subpoena identical to the one that is attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. Respectfully submitted, SCHMIDT KRAMER PC By:- rand C. Kramer, Esquire . No. 44715 209 09 State Street Harrisburg, PA 17101 (717) 232-6300 Date:, Attorney for Plaintiff(s) Amy Devins, as Parent and : IN THE COURT OF COMMON PLEAS Natural Guardian of Hallie : CUMBERLAND COUNTY, Devins, a Minor, : PENNSYLVANIA Plaintiff V. No. 13-4137 Dwayne Davis, CIVIL ACTION — LAW Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS ' FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Sprint Attn: Subpoena Compliance Dept 6480 Sprint Parkway Overland, KS 66251 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things at the law offices of SCHMIDT KRAMER PC, 209 State Street, Harrisburg, PA 17 10 1: 1. The wireless/cellular records of. Dwayne Davis, Sr., 110 Pleasant View Terrace New Cumberland, PA 17070 Date of service: March 15, 2012. Cellular number: {717} ?73-7303 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. w This subpoena was issued at the request of the following person: Gerard C. Kramer, Esquire SCHMIDT KRAMER PC 209 State Street, Harrisburg, PA 17101 (717) 232-6300 Supreme Court I.D. #: 44715 Attorney for Plaintiff(s) BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy Lt � IGr4'� �ti IP AL j Cc , rnr 2® r JI '' I1: 9 t+U11' Dt_Y\Lt',t ND 1 L"`J �•' Y " f' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AMY DEVINS, as Parent and Natural • Guardian of HALLIE DEVINS, a minor, • Plaintiff • NO. 13-4137 Civil • v. • • JURY TRIAL DEMANDED DWAYNE DAVIS, • Defendant • 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 certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: Om r3 ` G / George . Eager .. sq1 - Attorn-y for Defenday I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND AMY DEVINS,AS PARENT AND NATURAL GUARDIAN OF HALLIE DEVINS, Court of Common Pleas A MINOR, vs. 13-4137 DWAYNE DAVIS NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Record Type: Penn State Hershey Medical Center Radiology Penn State Hershey Medical Center Medical Cynthia T. Demuth, M.D. All available TO: Gerard Kramer, Esquire note: please see enclosed list of all other interested counsel Litigation Solutions, LLC ('LSLLC') on behalf of George H. Eager, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty(20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Date of Issue: 10/25/2013 Litigation Solutions, LLC on behalf of: CC: George H. Eager, Esquire of Eager, Stengel, Quinn &Sofilka - Court of George H. Eager, Esquire Common Pleas Defense If you have any questions regarding this matter, please contact: Litigation Solutions, LLC (412.263.5656) Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 COUNSEL LISTING FOR AMY DEVINS, AS PARENT AND NATURAL GUARDIAN OF HALLIE DEVINS, A MINOR, VS. DWAYNE DAVIS County of Cumberland Court of Common Pleas Counsel Firm Counsel Type Kramer, Esquire, 209 State Street Harrisburg PA 17101 P: 717-232-6300 F: Gerard 717-232-6467 Opposing Counsel COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND AMY DEVINS, AS PARENT AND NATURAL GUARDIAN OF HALLIE DEVINS, A MINOR, 13-4137 • File No. VS. DWAYNE DAVIS SUBPOENA TO PRODUCE DOCUMENTS OR THONGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Cynthia T. Demuth, M.D. TO: (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: See attached rider for instructions. Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 at (Address) 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 THUS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: • NAME: George H. Eager, Esquire ADDREss, 134/ NrU1tVllle elke Lancaster, rte, I7801 TELEPHONE: SUPREME COURT ID# 217 4b ATTORNEY FO Defense R BY THE COURT: • v cw • Prothonotary,Civil.Division Date: /0/02812 4/../ rfi�,. Sea f the urt Deputy • • • Rider to Subpoena Explanation of Required Documents and Things TO:CUSTODIAN OF RECORDS FOR: Cynthia T. Demuth, M.D. 2645 N. 3rd Street Community Health Center, 2nd Floor Harrisburg PA 17110 Attention: Records Department Subject: Devins, Hallie SS#: 8802 Date of Birth: 09/10/2006 Requested Items: Any and all first consultation reports, office notes, MRI, CT and x-ray films and reports, test results, physical therapy reports, nurse's notes and doctor's orders, along with any and all other medical records. • COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUN BERLAND AMY DEVINS, AS PARENT AND NATURAL GUARDIAN OF HALLIE DEVINS, A MINOR, 13-4137 File No. VS. DWAYNE DAVIS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Penn State Hershey Medical Center - Radiology (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: See attached rider for instructions. • Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 at (Address) 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 REQUEST OFT h.6 FOLLOWING PERSON: • • NAlvTE' George H. Eager, Esquire ADDRESS' 1347 Fruitville PiKe Lancaster, PA, t/tut TELEPHONE: T17-290-7971 SUPREME COURT ID# z '4 U ATTORNEY FOR Detense BY TEE COURT: • Prothonotary,Civx7.Division Date: l� a c)/(..3 Sel a the Court Deputy • Rider to Subpoena Explanation of Required Documents and Things TO:CUSTODIAN OF RECORDS FOR: Penn State Hershey Medical Center 500 University Drive, Mail Code HU24 Hershey PA 17033 Attention: Radiology Films Library Subject: Devins, Hallie SS#: 8802 Date of Birth: 09/10/2006 Requested Items: Pertinent file including, but not limited to: (1) admission and discharge information (2) consultation reports (3) history and physical examinations (4) operative and pathology reports (5) emergency/outpatient records (6) rehabilitation medicine (PT, OT, speech) (7) MRI, CT and x-ray records and films; also to be included are pain clinic records. • • COM ONW ALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND AMY DEVINS, AS PARENT AND NATURAL GUARDIAN OF HALLIE DEVINS, A MINOR, • File No. 13-4137 VS. DWAYNE DAVIS • SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 • TO: Penn State Hershey Medical Center - Medical Records (Name of Person.or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate of 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 TEE REQUEST OF TEE FOLLOWING PERSON: • NAME: George H. Eager, Esquire ADDRESS; 1347 Fruitville Pike Lancaster, PA, 17601 • TELEPHONE: 717-290-7971 SUPREME COURT 1D# 2774° ATTORNNEYFOR: Defense BY THE COURT: • Prothonotary,Civil Division Date: /0 Ma/a Seal of the Court Deputy • Rider to Subpoena Explanation of Required Documents and Things TO:CUSTODIAN OF RECORDS FOR: Penn State Hershey Medical Center 500 University Drive, Mail Code HU24 Hershey PA 17033 Attention: Medical Records Correspondence Subject: Devins, Hallie SS#: 8802 Date of Birth: 09/10/2006 Requested Items: Pertinent file including, but not limited to: (1) admission and discharge information (2) consultation reports (3) history and physical examinations (4) operative and pathology reports (5) emergency/outpatient records (6) rehabilitation medicine (PT, OT, speech) (7) MRI, CT and x-ray records and films; also to be included are pain clinic records. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Gerard C. Kramer, Esquire Schmidt Kramer, PC 209 State Street Harrisburg, PA 17101 EAGER, STENGEL, QUINN & SOFILKA DATE: l 1)i I))J3 BY: George H. E ger, s ire Attorney fo Defen ant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANU� '= CIVIL ACTION - LAW r='. AMY DEVINS, as Parent and Natural Guardian of HALLIE DEVINS, a minor, ` Plaintiff NO. 13-4137 Civil `�'� c V. C .. .. JURY TRIAL DEMANDED "C � DWAYNE DAVIS, Defendant 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 certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: I )� George . Eage , squire Attorney for D dant I.D. No. 2774 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND . AMY DEVINS,AS PARENT AND NATURAL GUARDIAN OF HALLIE DEVINS, Court of Common Pleas A MINOR, Vs. 13-4137 DWAYNE DAVIS NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Record Type: Hampden Township Police Department Miscellaneous TO: Gerard Kramer, Esquire note: please see enclosed list of all other interested counsel Litigation Solutions, LLC('LSLLC') on behalf of George H. Eager, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Date of Issue: 11/19/2013 Litigation Solutions, LLC on behalf of: CC: George H. Eager, Esquire of Eager, Stengel, Quinn &Sofilka - Court of George H. Eager, Esquire Common Pleas Defense If you have any questions regarding this matter, please contact: Litigation Solutions, LLC (412.263.5656) Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 a ` COUNSEL LISTING FOR AMY DEVINS, AS PARENT AND NATURAL GUARDIAN OF HALLIE DEVINS, A MINOR, VS. DWAYNE DAVIS County of Cumberland Court of Common Pleas Counsel Firm Counsel Type Kramer, Esquire, 209 State Street Harrisburg PA 17101 P: 717-232-6300 F: Opposing Counsel Gerard 717-232-6467 C01Mvi0I*I VEEALTR OF PENNSYLV'AI-1IA COUNTY OF C-UIVMERLA14D AMY DEVINS, AS PARENT AND NATURAL GUARDIAN OF HALLIE DEVINS, A MINOR, Pile NO. 13-4137 VS. DWAYNE DAVIS , SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PU€RSUA14T TO RULE 4009.22 TO: Hampden Township Police Department (Name of Person of Entity) \Vithiu twenty(20)days after service of this subpoena,you are ordered by the court to produce the follov&g documents or thinas: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested liy this subpoena,together with the certificate of compliance,to the party malting 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 fad to produce the documents or things-required by this subpoena within twenty(20)days afterits service,the party serving this subpoena may seek a court order compelling you tc comply with it THIS SUBPO);,NA WAS ISSU.EDD AT THE REQUEST OF THE FOLLOWING PERSON: jqAI,,M: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 17601 TEUPROM: 717-290-7971 SUPREME COURT ID# 277 4 0 A-ITopNlsYPOR Defense BY THE coUR.T. Prothonotary,Civil.Division Date: Seal)k the Court De uty Rider to Subpoena Explanation of Required Documents and Things TO:CUSTODIAN OF RECORDS FOR: Hampden Township Police Department 230 S. Sporting Hill Road Mechanicsburg PA 17050 Attention: Records Department Subject: Devins, Hallie SS#: 8802 Date of Birth: 09/10/2006 Requested Items: Please provide the accident reconstruction report to Incident No. HAM20120300649; pedestrian incident occurring on 3/15/12 at 90 Salem Church Road in Mechanicsburg, involving Dwayne Davis and Hallie Devins. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Gerard C. Kramer, Esquire Schmidt Kramer, PC 209 State Street Harrisburg, PA 17101 EAGER, STENGEL, QUINN & SOFILKA DATE: BY: George H. Eag Esquire Attorney for DAf6nclant I.D. No. 2774 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 ' Y �d r WAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AMY DEVINS, as Parent and Natural Guardian of HALLIE DEVINS, a minor, Plaintiff NO. 13-4137 Civil -: V. -- , JURY TRIAL DEMANDED DWAYNE DAVIS, r-- " -- -,; Z rD --a C-)—T r., Defendant .�C) c c CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA ' r. PURSUANT TO RULE 4009.22 ` As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: George H. Elager, Esquire Attorney for Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 T PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND AMY DEVINS,AS PARENT AND NATURAL GUARDIAN OF HALLIE DEVINS, Court of Common Pleas A MINOR, vs. 13-4137 DWAYNE DAMS NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Record Type: Hampden Township Police Department Miscellaneous TO: Gerard Kramer, Esquire note: please see enclosed list of all other interested counsel Litigation Solutions, LLC ('LSLLC') on behalf of George H. Eager, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty(20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Date of Issue: 1/20/2014 Litigation Solutions, LLC on behalf of: CC: George H. Eager, Esquire of Eager, Stengel, Quinn &Sofilka - Court of George H. Eager, Esquire Common Pleas Defense If you have any questions regarding this matter, please contact: Litigation Solutions, LLC (412.263.5656) Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 COUNSEL LISTING FOR AMY DEVINS, AS PARENT AND NATURAL GUARDIAN OF HALLIE DEVINS, A MINOR, VS. DWAYNE DAVIS County of Cumberland Court of Common Pleas Counsel Firm Counsel Type Kramer, Esquire, 209 State Street Harrisburg PA-17101 P: 717-232-6300 R Opposing Counsel Gerard 717-232-6467 CO11WO1�7WEALTH OF PEWSYLVANJA COUNTY OF C'UMBERLA14D AMY DEVINS, AS PARENT AND NATURAL GUARDIAN O& HALLIE DEVINS, A MINOR, File No. 13-4137 VS. ; DWAYNE DAVIS , SUBPOENA TO PRODUCE DOC ZIENTS OR THINGS FOR DISCOVERY PURSUA 4T TO RULE 4009.22 TO. Hampden Township Police Department (Name of Person or Entity) Widda twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or thiaas: See attached rider for instructions. SL Litigation Solutions, LLC, 101 Towne Square Way, `Suite 251 Pittsburgh, PA 15227 (Address) . You may deliver or mail legible copies of the documents or produco things requested by this subpoena,together with the certificate of compliant';to the partymaldng this request at the address listed above. You have the right to seek in advance the reasonable cost of prepadug the copies or producing the things sought If you fail to produce the documents or things-required by this subpoena within twenty(20)days aftw its service,the party-sanAng this subpoena may seek a court ordat compelling you to comply with it TFl•!S SUBPOENA WAS ISSUED AT TE&REQUEST OF TM FOLLOWING PEnoN' ; NAME' George H. Eager, Esquire ADDRESS. 1347 Fruitvil e Pi e Lancaster, PA, 17601 TELEPHONE - - SUP mvM COURT iD# ATTOMEYFOP. Defense BYUM C�O��T]RT; '��aiLlfd1�' � 10�"✓ j Prothonotary,Civil Division Date: ."CAI of court Deputy Rider to Subpoena Explanation of Required Documents and Things TO:CUSTODIAN OF RECORDS FOR: Hampden Township Police Department 230 S. Sporting Hill Road Mechanicsburg PA 17050 Attention: Records Department Subject: Devins, Hallie SS#: 8802 Date of Birth: 09/10/2006 Requested Items: Please Remit the following records regarding the police accident report HAM20120300649: please provide a copy of the photographs and all statements that were taken as.a result of this pedestrian incident occurring at 90 Salem Church Road, Mechanicsburg involving Hallie Devins. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Gerard C. Kramer, Esquire Schmidt Kramer, PC 209 State Street Harrisburg, PA 17101 EAGER, STENGEL, QUINN & SOFILKA DATE: BY: George , . Eager, E quire Attorney for D e ant I.D. No. 277 1347 Fruitv' ike Lancaster, A 17601 (717) 290-7971 j 1L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA c...= CIVIL ACTION LAW —.1 --1: -c- a rT AMY DEVINS, as Parent and Natural rri Fri Guardian of HALLIE DEVINS, a minor, r`�, Plaintiff �' cn csi —t c) —F ® -a C7' -`i Z. CD .._. rn .0-- 2:: `rt y. ? — fs V. DWAYNE DAVIS, Defendant NO. 13-4137 Civil 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 certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: (37 12,q I J `- George, ager, 'quire Attorney for Def v . ant I.D. No. 27740 1347 Fruitvill ike Lancaster, PA 17601 (717) 290-7971 PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND AMY DEVINS, AS PARENT AND NATURAL GUARDIAN OF HALLIE DEVINS, A MINOR, vs. DWAYNE DAVIS Court of Common Pleas 13-4137 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Record Type: 911 Communications Center Hershey Medical Center Miscellaneous Medical TO: Gerard Kramer, Esquire note: please see enclosed list of all other interested counsel Litigation Solutions, LLC ('LSLLC') on behalf of George H. Eager, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Date of Issue: 7/7/2014 Litigation Solutions, LLC on behalf of: CC: George H. Eager, Esquire of Eager, Stengel, Quinn & Sofilka - Court of George H. Eager, Esquire Common Pleas Defense If you have any questions regarding this matter, please contact: Litigation Solutions, LLC (412.263.5656) Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 COUNSEL LISTING FOR AMY DEVINS, AS PARENT AND NATURAL GUARDIAN OF HALLIE DEVINS, A MINOR, VS. DWAYNE DAVIS County of Cumberland Court of Common Pleas Counsel Firm Counsel Type Kramer, Esquire, 209 State Street Harrisburg PA 17101 P: 717-232-6300 F: Opposing Counsel Gerard 717-232-6467 COMkONWEALTIT OF PENNSYLVANIA. COUNTY OF CUMBERLAND AMY DEVINS, AS PARENT AND NATURAL GUARDIAN OF HALLIE DEVINS, A MINOR, Filo No. 13-4137 VS. DWAYNE DAVIS SUBPOENA TO PRODUCE DOCUMENTS OR MIN S FOR DISCOVERY PURSUANT TO RULE 4009.22 911 Communications Center TO: (Name of P arson or Entity) . Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) Yon may deliver' or mail legible copies of the documents or produce thins requested by this subpoena, together with the certificate of complia.nce, 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. It you fail to produce the documents or things required by this subpoena withit! twenty (20) days after its service, the party serving this subpoena may'seek a court ordee compelling you to comply with it • THIS SUBPOENA WAS ISSUED AT THE REQUEST OF TEE FOLLOWING PERSON: NAME: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 17601 TELEPIIONE: 717-290-7971 SUPREME COURT ID # 27740 ATTORNEY FOR: Defense BY THE COURT: Prothonotary, Civil Division 242 r IJ Deputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: 911 Communications Center 1 Courthouse Square Carlisle PA 17013 Attention: Records Department Subject: Devins, Hallie SS#: 8802 Date of Birth: 09/10/2006 Requested Items: Please Remit: 911 call placed on 3/15/12; location: 155. Salem Church Road; approx. time 17.43; Hampden Twp: CONLICif.ONCVEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND AMY DEVINS, AS PARENT AND NATURAL GUARDIAN OF HALLIE DEVINS, A MINOR, : File No. vs. DWAYNE DAVIS TO: 13-4137 • SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Hershey Medical Center (Name of P erson or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thinzs: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You sony 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 fag to produce the documents or things -required by this subpoena within twenty (20) days after Its service, the party -serving this subpoena may a court ordet compelling you tocomply with it • £W SUBPOENA WAS ISSUED AT TEE REQUEST OF THE FOLLOWING PERSON: NANO:, George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 17601 TELEPHONE: 717-290-7971 SUPREME COURT ID # 27740 ATTORNEY FOR: Defense BY DIE CO Q " Prothonotary Civil Division e_YMOUX— Sea th Court Deputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Hershey Medical Center 500 University Drive Health Information Services, HU24 Hershey PA 17033 Attention: Medical Records Correspondence Subject: Devins, Hallie SS#:8802 Date of Birth: 09/10/2006 Requested Items: Please remit: a complete copy of any and all medical records from 1/1/2014 to present, including records, charts, test results, reports, correspondence, office notes, patient intake forms, and computerized records. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena upon the person set forth below and in the manner indicated: First class mail, postage pre -paid: Gerard C. Kramer, Esquire Schmidt Kramer, PC 209 State Street Harrisburg, PA 17101 DATE: ( 7 )Zl4 I y BY: EAGER, STENGEL, QUINN & SOFILKA George H. Ea - , Esquire Attorney for�►efendant I.D. No. 27 40 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971