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HomeMy WebLinkAbout01-4951Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lcmoyne, Pennsylvania 17043-0109 (717) 761-4540 Attomeys for Plaintiff RICHARD W. TURNER and DONNA MARIE TURNER 551 South Third Street Lemoyne, PA 17043, Plaintiff V. BRANDON N. MURRAY 2248 Orchard Road Camp Hill, PA 17011 and CHRISTINE L. KING 2848 Bank Street Harrisburg, PA 17110, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMON~ TO THE PROTHONOTARY: AND NOW, this 2Z'"" day of August 2001, issue summons on behalf of Plaintiffs Richard W. Turner and Donna Marie Turner against Defendants Brandon N. Murray and Christine L. King, and cause the same to be served forthwith at the last known addresses of the Defendants, to wit: Brandon N. Murray 2248 Orchard Road Camp Hill, PA 17011 Christine L. King 2848 Bank Street Harrisburg, PA 17110 :148117 JOHNSON, DUFFLE, STEWART & WEIDNER Micha~l/. Cassidy Commonwealth of Pennsylvania County of Cumberland Richard W. Turner and Donna Marie Turner 551 South Third Street nemoyne, PA 17043 Brandon N. Murray 2248 Orchard Road C~,~ Hill, PA 17011 and Christine L. King 2848 Bank Street Harrisburg, PA 17110 Court of Conlmon Plea~ No .....P~ -3 _9.5_! _ _c_i_v_i_ _~ _ -T-e_ -m- ........... m .... In ....._C_i_v_ '_3_ _1_ _A_c_ _t _ip_n_ _ _- _ _ _La_w_ .................. To _ _Bxao~Qn _55_ Eurra~ _ an~ _Chr. is~ine _ I~ _ging You are hereby no,lied [hat Richard W. Turner and Donna Marie Turner the Plaintiff haS commenced an action in ........ .C_.i_vi_l__A__c_t_i.Q_n_.-__.Lc3_W ........................... against you which you are required to defend or a default judgraent may be entered against you, (SEAL) Date_ _ _ Au_~_~.t_ _AB_,_. 2_991 ........ m .... Prothonotary McKISSOCK & HOFFMAN A PROFESSIONAL CORPORATION ATTORNEYS AT LAW WE DO HEREBY CERTIFY 2040 LINGLESTOWN ROAD THE WITHIN ~S A TRUE AND RECT COPY OF THE ORI SUITE 302 FILED IN THIS ACTION HARRISBURG, PENNSYLVANIA 17110 BY PHONE (717~.~.~0-3400 ~ A~rORNEEY F^X~0-3434 RICHARD W. TURNER and DONNA MARIE TURNER, Plaintiffs BRANDON N. MURRAY and CHRISTINE L. KING, Defendants IN THE COURT OF COMMONS PLEAS OF CUMBERLAND COUNTY, PENNA No.: 01-4951 CIVIL ACTION - LAW ENTRY OF APPEARANCE Please enter my appearance on behalf of Defendant, Christine L. King, in the above-captioned action. Respectfully submitted, McKissock & Hoffman, P.C. B. Cr~l~l~ck, EsqLY~r,~~') Attornf~cd.D. No 18 Edwin A.D.~18 Attorney I.D. No. 75902 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 CERTIFICATE OF SERVICE hereby certify that I am this day serving a copy of the foregoing Entry of Appearance upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Michael J. Cassidy, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (Counsel for Plaintiffs) Brandon N. Murray 2248 Orchard Road Camp Hill, PA 17011 McKissock & Hoffman, P.C. B. (.;ra~g/~acl(, Esquir~e~ Sup r e~e' Co urtx~o. 36818 Edwin A.D. Schwartz, Esquire Supreme Court I.D. No. 75902 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Attorneys for Defendant, Christine L. King EAGER, REINAKER, & SPINELLO ATTORNEYS AT LAW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RICHARD W. TURNER and DONNA MARIE TURNER, Plaintiffs BRANDON N. MURRAY and CHRISTINE L. KING, Defendants NO. 01-4951 PRAECIPE FOR ENTRY OF APPEAR/LNCE TO THE PROTHONOTARY: Please enter the appearance of George H. Eager of the Law Firm of Eager, Reinaker & Spinello as attorney of record on behalf of Defendant Brandon N. Murray ONLY in the above captioned action. EAGER, REINAKER & SPINELLO George H./_Ea~r, Esquire Attorney fo~ Defendant Murray I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 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: Michael J. Cassidy, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 EAGER, REINAKER & SPINELLO BY:(~e r~e~. E/~,/~· iA.ti.or~io~.Y'2foEa4~0e~enE~aqnU~sre 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attomeys for Plaintiff RICHARD W. TURNER and DONNA MARIE TURNER 551 South Third Street Lemoyne, PA 17043, Plaintiff V. BRANDON N. MURRAY 2248 Orchard Road Camp Hill, PA 17011 and CHRISTINE L. KING 2848 Bank Street Harrisburg, PA 17110, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4951 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO RE-ISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: AND NOW, this /~'~ day of November 2001, please re-issue summons on behalf of Plaintiffs Richard W. Turner and Donna Marie Turner against Defendants Brandon N. Murray and Christine L. King, and cause the same to be served forthwith at the last known addresses of Defendant King, to wit: Christine L. King c/o B. Craig Black, Esquire McKissock & Hoffman, P.C. 2040 Linglestown Road, Suite 302 Harrisburg, Pennsylvania 17110 :148117.3 JOHNSON, DUFFLE, STEWART & WEIDNER ' Micha~Cassidy EAGER, REINAKER, & SPINELLO ATTORN~NEyS AI~ LAW 1347 FRUITVILLE PIKE LANCASTER, PENNSYLVANIA 17601 PHONE (717) 296-7971 FAX (717) 290-7978 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL ACTION LAW RICHARD W. TURNER and DONNA MARIE TURNER, Plaintiffs Vo BPU~NDON N. MURRAY and CHRISTINE L. KING, Defendants TO: NO. 01-4951 PENNSYLVANIA PRAECIPE FOR RULE TO FILE COMPLAINT Curtis R. Long, Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387 Please enter a Rule upon the Plaintiff to file a Complaint in the above captioned matter within twenty (20) days of or suffer a judgment of non pros. EAGER, REINAKER & SPINELLO the Rule DATE; George ~. Eager/Es~ire Attorney for Defendant Murray I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 AND NOW, this ~</~ day of ~C~~ , 2001, has been entered upon the Plaintiff as above directed. - Prothonotary/- a Rule CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoin9 Praecipe for a Rule to File a Complaint upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Michael J. Cassidy, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (Attorney for Plaintiff) B. Craig Black, Esquire McKissock & Hoffman, P.C. 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (Attorney for Defendant King) EAGER, REINAKER & SPINELLO BY:George/~Ea~/e/~E~ ~. 9e ,~squire Attorney for/Defendant Murray I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attomeys for Plaintiff RICHARD W. TURNER and DONNA MARIE TURNER Plaintiffs V. BRANDON N. MURRAY and CHRISTINE L. KING, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4951 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO DEFEND To the Defendant: 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 defense 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 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 Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 fohnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoync, Pcnnsylvar{m 17043-0109 (717) 761-4540 RICHARD W. TURNER and DONNA MARIE TURNER Plaintiffs V. BRANDON N. MURRAY and CHRISTINE L. KING, Defendants Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4951 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, this 'toO~ day of April 2002, come the Plaintiffs, RICHARD W. TURNER and DONNA MARIE TURNER, by and through their undersigned attorneys, Johnson, Duffle, Stewart & Weidner, and file this Complaint, and in support thereof aver as follows: 1. The Plaintiffs, Richard W. Turner and Donna Marie Turner, are adult individuals who reside at 551 S. Third Street, Lemoyne, Cumberland County, Pennsylvania 17043, and at all times relevant hereto were husband and wife. 2. The Defendant, Christine L. King (hereinafter "King"), is an adult individual with a last known address of 2848 Bank Street, Harrisburg, Dauphin County, Pennsylvania 17110. 3. The Defendant, Brandon N. Murray (hereinafter "Murray"), is an adult individual residing at 813 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 4. On or about September 30, 1999, Plaintiff Richard Turner was operating with permission a 1996 Ford Taurus owned by his employer, L.B. Smith Lincoln-Mercury, Inc., 6391 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, when he was involved in the multiple motor vehicle accident described herein. 5. On the aforesaid date, Defendant King was the owner and operator of a 1989 Ford Escort, PA Registration Plate No. BPY3198, which said automobile was involved in the multiple motor vehicle accident described herein. 6. On the aforesaid date, Defendant Murray was the operator of a 1993 BMW 325is, PA Registration Plate No. WR4386J, which said automobile is owned jointly by Defendant Murray and Clayton D. Murray, and which said automobile was involved in the multiple motor vehicle accident described herein. 7. On the aforesaid date, at approximately 7:30 a.m., Plaintiff Richard Turner was operating his motor vehicle in a westerly direction on Lowther Street in Lemoyne, Cumberland County, Pennsylvania, near the intersection of Lowther Street and Brandt Avenue, when his vehicle was struck in the rear by Defendant King's motor vehicle which was being operated by Defendant King in a westerly direction on Lowther Street, behind and in the same lane as Plaintiff Richard Turner's vehicle. 8. At or about the same time Defendant King's vehicle struck the rear end of Plaintiff Richard Turner's vehicle, Defendant Murray was also traveling in the left, westbound lane of Lowther Street when Defendant Murray's vehicle struck the rear of Defendant King's vehicle. 9. At the time of the accident herein described, Plaintiff Richard Turner was lawfully stopped in the left, westbound lane of Lowther Street behind a vehicle owned and operated by Rachel E. Diehl, which was waiting to turn left onto Brandt Avenue. COUNT I Richard W. Turner v. Christine L. King 10. Plaintiff Richard Turner incorporates by reference all of the preceding paragraphs of this Complaint as if each and every one were individually set forth within this count. 11. The accident was directly and proximately caused by the negligence and carelessness of Defendant King, which consisted, among other things, of the following: Operating her motor vehicle in a careless, reckless, and negligent manner; Operating her motor vehicle at an excessive rate of speed under the circumstances; Carelessly driving her motor vehicle in violation of 75 Pa.C.S.A. §3714; Failure to keep alert and maintain a proper lookout for other traffic; Failure to maintain proper control in the operation of her vehicle as such a speed that could bring her vehicle to a stop within its assured clear distance ahead in violation of 75 Pa.C.S.A. §3361; f. Following too closely in violation of 75 Pa.C.S.A. §3310; g. Failure to notice the motor vehicle of Plaintiff Richard Turner; h. Failure to take evasive action in order to avoid impacting Plaintiff Richard Turner's vehicle; and i. Failure to apply her brakes in sufficient time to avoid striking Plaintiff Richard Turner's stationary vehicle. 12. As a result of Defendant King's negligence, Plaintiff Richard Turner sustained personal injuries which include, but are not limited to, injuries to the neck and back which have required ongoing medical treatment. 13. As a further result of the motor vehicle accident, Plaintiff Richard Turner has sustained and may sustain the following damages: a= Past and future pain and suffering; Past and future embarrassment, humiliation, and mental anxiety; Past and future loss of life's enjoyment; Past and future incidental costs; Past and future reasonable and necessary medical expenses in excess of the statutory preclusion; f. Past and future loss of earnings in excess of first-party benefits. 14. Plaintiff Richard Turner avers that his damages exceed $25,000.00, and the applicable limits of arbitration, and therefore a jury trial is hereby demanded. WHEREFORE, Plaintiff Richard Turner respectfully requests that this Honorable Court enter judgment against Defendant King in an amount in excess of $25,000.00, plus interest and costs as permitted by law. COUNT II Donna Marie Turner v. Christine L. King 15. Plaintiff Donna Marie Turner incorporates by reference all of the preceding paragraphs of this Complaint as if each and every one were individually set forth within this count. 16. As a result of Defendant King's negligence, Plaintiff Donna Marie Turner has been deprived of the society, companionship, contributions, and consortium of her husband, Plaintiff Richard Turner, to her great detriment and loss. 17. As a result of Defendant King's negligence, Plaintiff Donna Marie Turner has incurred and will in the future incur medical bills and expenses to treat her husband's injuries. 18. As a result of Defendant King's negligence, Plaintiff Donna Marie Turner has suffered a disruption in her daily habits and pursuits, and a loss of enjoyment of life. WHEREFORE, Plaintiff Donna Marie Turner demands judgment against Defendant King in an amount in excess of $25,000.00, plus interest and costs as permitted by law. COUNT III Richard W. Turner v. Brandon N. Murray 19. Plaintiff Richard Turner incorporates by reference all of the preceding paragraphs of this Complaint as if each and every one were individually set forth within this count. 20. The accident was directly and proximately caused by the negligence and carelessness of Defendant Murray, which consisted, among other things, of the following: Operating his motor vehicle in a careless, reckless, and negligent manner; Operating his motor vehicle at an excessive rate of speed under the circumstances; Carelessly driving his motor vehicle in violation of 75 Pa.C.S.A. §3714; Failure to keep alert and maintain a proper lookout for other traffic; Failure to maintain proper control in the operation of his vehicle as such a speed that could bring his vehicle to a stop within its assured clear distance ahead in violation of 75 Pa.C.S.A. §3361; f. g. h. vehicle; and i. Following too closely in violation of 75 Pa.C.S.A. §3310; Failure to notice the motor vehicle of Plaintiff Richard Turner; Failure to take evasive action in order to avoid impacting Plaintiff Richard Turner's Failure to apply his brakes in sufficient time to avoid striking Plaintiff Richard Turner's stationary vehicle. 21. As a result of Defendant Murray's negligence, Plaintiff Richard Turner sustained personal injuries which include, but are not limited to, injuries to the neck and back which have required ongoing medical treatment. 22. As a further result of the motor vehicle accident, Plaintiff Richard Turner has sustained and may sustain the following damages: Past and future pain and suffering; Past and future embarrassment, humiliation, and mental anxiety; Past and future loss of life's enjoyment; Past and future incidental costs; Past and future reasonable and necessary medical expenses in excess of the statutory preclusion; f. Past and future loss of earnings in excess of first-party benefits. 23. Plaintiff Richard Turner avers that his damages exceed $25,000.00, and the applicable limits of arbitration, and therefore a jury trial is hereby demanded. WHEREFORE, Plaintiff Richard Turner respectfully requests that this Honorable Court enter judgment against Defendant Murray in an amount in excess of $25,000.00, plus interest and costs as ~ermitted by law. COUNT IV Donna Marie Turner v. Brandon N. Murray 24. Plaintiff Donna Marie Turner incorporates by reference all of the preceding paragraphs of this Complaint as if each and every one were individually set forth within this count. 25. As a result of Defendant Murray's negligence, Plaintiff Donna Marie Turner has been deprived of the society, companionship, contributions, and consortium of her husband, Plaintiff Richard Turner, to her great detriment and loss. 26. As a result of Defendant Murray's negligence, Plaintiff Donna Marie Turner has incurred and will in the future incur medical bills and expenses to treat her husband's injuries. 27. As a result of Defendant Murray's negligence, Plaintiff Donna Marie Turner has suffered a disruption in her daily habits and pursuits, and a loss of enjoyment of life. WHEREFORE, Plaintiff Donna Marie Turner demands judgment against Defendant Murray in an amount in excess of $25,000.00, plus interest and costs as permitted by law. :157668 Respectfully submitted, JOHNSON, DUFFLE, STEWART & WEIDNER Micl~,~r'J. Cassidy Attolq~ey I.D. No. 82164 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiffs VERIFICATION I, RICHARD W. TURNER, state that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. (/ Richard Vt( Turner VERIFICATION I, DONNA MARIE TURNER, state that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. {}4904, relating to unsworn falsification to authorities. Date: Donna Marie Turner CERTIFICATE OF SERVICE AND NOW, this ~5°~/day of April 2002, the undersigned does hereby certify that he did this date serve a copy of the foregoing Complaint upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: B. Craig Black, Esquire McKISSOCK & HOFFMAN 2040 Linglestown Road Harrisburg, PA 17110 Attorney for Defendant King George H. Eager, Esquire EAGER, REINAKER & SPINELLO 1347 Fruitville Pike Lancaster, PA 17601 Attorney for Defendant Murray JOHNSON, DUFFLE, STEWART & WEIDNER McKISSOCK & HOFFMAN, P.C. By: B. CRAIG BLACK, ESQUIRE SUPREME CT. ID #36818 2040 LINGLESTOWN ROAD SUITE 302 HARRISBURG, PA 17110 (717) 540-3400 ATTORNEYS FOR DEFENDANT, CHRISTINE L. KING RICHARD W. TURNER and DONNA MARIE TURNER, Plaintiffs Vo BRANDON N. MURRAY and CHRISTINE L. KING, Defendants IN THE COURT OF COMMONS PLEAS OF CUMBERLAND COUNTY, PENNA No.: 01-4951 CIVIL ACTION - LAW NOTICE TO DEFEND To the within named Plaintiffs: Richard W. Turner and Donna M. Turner c/o Michael J. Cassidy, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 You are hereby notified to plead to the enclosed Answer and New Matter pursuant to Pa.R.C.P 1030 within 20 days from service hereof or a default judgment may be entered against you. NOTICE TO DEFEND To the within named Defendant: Brandon N. Murray 228 Orchard Road Camp Hill, PA 17011 You are hereby notified to plead to the enclosed New Matter Cross-Claim pursuant to Pa.R.C.P 2252(d) within 20 days from service hereof or a default judgment may be entered against you° ANSWER, NEW MATrER AND NEW MA'YrER CROSSCLAIM OF DEFENDANT~ CHRISTINE L. KING~ TO PLAINTIFFS' COMPLAINT AND NOW comes Defendant, Christine L. King, by and through her attorneys, McKissock & Hoffman, P.C,, and files the following Answer, New Matter and New Matter Crossclaim to Plaintiffs' Complaint in the above-captioned wherein the following is a statement: 1. Denied. After reasonable investigation, Answering Defendant is of insufficient knowledge and information to form a belief as to the truth of the averments contained in Paragraph 1 of Plaintiffs' Complaint. Strict proof, if relevant, is demanded upon the trial of the matter. 2. Admitted in part, denied in part. It is admitted that Answering Defendant is an adult individual. Answering Defendant currently resides at 100 Meadow Hill Drive, York, PA 17402. 3. The averments in Paragraph 3 are directed to a Defendant other than Answering Defendant. After reasonable investigation, Answering Defendant is of insufficient knowledge and information to form a belief as to the truth of the averments set forth in Paragraph 3 of Plaintiffs' Complaint. Strict proof, if relevant, is demanded upon the trial of the matter. 4. Denied. After reasonable investigation, Answering Defendant is of insufficient knowledge and information to form a belief as to the truth of the averments contained in Paragraph 4 of Plaintiffs' Complaint. Strict proof, if relevant, is demanded upon the trial of the matter. 5. Admitted that Answering Defendant, Christine King, is the registered owner and was the operator of a 1989 Ford Escort bearing Pennsylvania registration plate PBY-3198, and that said automobile was involved in a motor vehicle accident. Any inference arising from the averments of Paragraph 5 to the effect that said motor vehicle accident was a result of any negligence of Defendant King, it is expressly denied. Strict proof, if relevant, is demanded upon the trial of the matter. 6. The averments in Paragraph 6 of Plaintiffs' Complaint are denied. After reasonable investigation, Answering Defendant is of insufficient knowledge and information to form a belief as to the truth of the averments contained in Paragraph 6 of Plaintiffs' Complaint. Strict proof, if relevant, is demanded upon the trial of the matter. 7. Admitted in part, denied in part. It is admitted only that on September 30, 1999 at or about 7:30 a.m., the 1989 Ford Escort operated by Answering Defendant contacted the rear of a vehicle believed to be operated by Plaintiff, Richard Turner. It is specifically denied that Answering Defendant was in any way negligent or liable for said vehicles striking each other. Rather, the negligence of Co-Defendant Murray was, in fact, the cause of said motor vehicle accident. Answering Defendant hereby incorporates the provisions of Paragraph 5 of the foregoing Answer as well as Answering Defendant's New Matter and Answering Defendant's Crossclaim New Matter as if more fully set forth herein. 8. Admitted in part, denied in part. Paragraph 8 is admitted to the extent consistent with the averments contained in Paragraph 7 of Plaintiffs' Complaint and Paragraph 7 of Answering Defendant's Answer thereto. The remainder of the averments set forth in Paragraph 8 are denied. Strict proof, if relevant, is demanded upon the trial of the matter. 9. Denied. After reasonable investigation, Answering Defendant is of insufficient knowledge and information to form a belief as to the truth of the averments set forth in Paragraph 9 of Plaintiffs' Complaint. Strict proof, if relevant, is demanded upon the trial of the matter. COUNT I Richard W. Turner v. Christine L. King 10. Answering Defendant hereby incorporates by reference Paragraphs I through 9 of the foregoing Answer as if more fully set forth at length. 11. The averments in Paragraph 11 of Plaintiffs' Complaint constitute conclusions of law to which no responsive pleading is required. To the extent that said averments are factually specific and do not constitute conclusions of law, same are denied. Plaintiff denies each and every averment of negligence as set forth by the Plaintiff in accordance with Pa.R.C.P. 1029(e). Strict proof, if relevant, is demanded upon the trial of the matter. 12-14. The averments in Paragraphs 12 through 14 of Plaintiffs' Complaint constitute conclusions of law to which no responsive pleading is required. To the extent that said averments are factually specific and do not constitute conclusions of law, same are denied. After reasonable investigation, Answering Defendant is of insufficient knowledge and information to form a belief as to the truth of the averments set forth in Paragraphs 12 through 14 of Plaintiffs' Complaint. Strict proof, if relevant, is demanded upon the trial of the matter. WHEREFORE, Answering Defendant, Christine King, respectfully requests that this Honorable Court enter judgment in her favor and dismiss Plaintiffs' Complaint with prejudice. COUNT II Donna Marie Turner v. Christine L. King 15. Answering Defendant hereby incorporates by reference the foregoing averments contained in Paragraphs I through 14 of Answering Defendant's Answer as if more fully set forth at length herein. 16-18. The averments in Paragraphs 16 through 18 of Plaintiffs' Complaint constitute conclusions of law to which no responsive pleading is required. To the extent that said averments are factually specific and do not constitute conclusions of law, same are specifically denied. After reasonable investigation, Answering Defendant is of insufficient knowledge and information to form a belief as to the truth of said averments. Strict proof, if relevant, is demanded upon the trial of the matter. WHEREFORE, Answering Defendant, Christine King, respectfully requests that this Honorable Court enter judgment in her favor and dismiss Plaintiffs' Complaint with prejudice. 4 COURT III Richard W. Turner v. Brandon N. Murray 19. Answering Defendant hereby incorporates by reference the foregoing averments contained in Paragraphs 1 through 19 of Answering Defendant's Answer as if more fully set forth herein. 20-23. The averments set forth in Paragraphs 20 through 23 of Plaintiffs' Complaint are addressed to a party other than Answering Defendant. No responsive pleading is required from Answering Defendant. WHEREFORE, Answering Defendant, Christine King, respectfully requests that this Honorable Court enter judgment in her favor and dismiss Plaintiffs' Complaint with prejudice. COUNT IV Donna Marie Turner v. Brandon N. Murray 24. Answering Defendant hereby incorporates by reference the foregoing averments contained in Paragraphs 1 through 23 of Answering Defendant's Answer as if more fully set forth herein. 25-27. The averments set forth in Paragraphs 25 through 27 of Plaintiffs' Complaint are addressed to a party other than Answering Defendant. No responsive pleading is required from Answering Defendant. WHEREFORE, Answering Defendant, Christine King, respectfully requests that this Honorable Court enter judgment in her favor and dismiss Plaintiffs' Complaint with prejudice. NEW MATTER 28. Paragraphs 1 through 27 of Answering Defendant's Answer are incorporated herein, as if set forth at length. 29. To the extent that facts developed during the course of discovery may implicate, Plaintiffs' claims are barred, in whole or in part, by the provisions of Pennsylvania Motor Vehicle Responsibility Law. 30. To the extent that facts developed during the course of discovery may implicate, Plaintiffs' injuries and losses, if any, were caused by persons or events outside the control of Defendant. 31. To the extent that facts developed during the course of discovery may implicate, Plaintiffs are barred by doctrine of laches and unclean hands from the relief requested. 32. To the extent that facts developed during the course of discovery may implicate, Plaintiffs are barred and/or limited by the provisions of the Pennsylvania Comparative negligence Act, 42 P.C.S.A. § 4102. 33. To the extent that facts developed during the course of discovery may implicate, Plaintiff, Richard Turner, was contributorily negligent and/or assumed the risk of injury. 34. To the extent that facts developed during the course of discovery may implicate, the negligent acts and/or omissions of other individuals or entities constitutes an intervening or superseding cause of the injuries alleged to have been sustained by the Plaintiffs. 35. To the extent that facts developed during the course of discovery may implicate, Plaintiffs' alleged injuries were caused by the acts and/or omissions of a person or persons other than Answering Defendant. 36. To the extent that facts developed during the course of discovery may implicate, Plaintiffs may have already entered into a Release with other individuals or entities which has the effect of discharging any liability of Answering Defendant. 37. Plaintiffs' injuries and/or damages are insufficient as a matter of law to constitute a "serious injury" as defined in Section 1702 of the Pennsylvania Motor Vehicle Financial Responsibility Laws (75 Pa.C.S.A. § 1702). Plaintiffs are therefore barred from any recovery of non-economic losses. WHEREFORE, Answering Defendant, Christine King, respectfully requests that this Honorable Court enter judgment in her favor and dismiss Plaintiffs' Complaint with prejudice. NEW MATTER PURSUANT TO PA.R.C.P. 2252(d) 38. Answering Defendant hereby incorporates by reference Paragraphs 1 through 37 of the foregoing Answer and New Matter as if same were set forth more fully at length. 39. Defendant King denies any and all liability to Plaintiffs but avers that if Plaintiffs are entitled to recovery based upon the allegations of the Complaint, or proof entered in support thereof, then any such right of recovery is due and based solely upon the acts or omissions of Co-Defendant, Brandon N. Murray, against whom Answering Defendant asserts a dght of contribution and/or indemnity for any damages for which she may be determined to be liable to Plaintiffs. WHEREFORE, Answering Defendant, Christine L. King, respectfully prays this Honorable Court to enter judgment in her favor and against Defendant, Brandon N. Murray, and further award Answering Defendant any and all such other relief as this Court may deem proper and just. Date: ,~'~ ~ ~ By: Respectfully submitted, McKissock & Hoffman, P.C. B.Cr~i~ B~ck, Esquire ~ Sul~'~-ne Ce~,~:LLD.,,.bto~6818 Ed,~fin A.D. Schwartz, Esquire Supreme Court I.D. No. 75902 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Attorneys for Defendant, Christine L. King MAY 16 2888 18:85 FR E×EL - COPY ROOM 717901128~ TO 95488484 P.02 VERIFICATION I, Christine L. King, hereby verifies that the statements in Defendant, Christine L. King's Answer, New Matter and New Matter Crossclaim are true and correct to the best of my informatioq, knowledge and belief. I understand that the statements are made subject to the penalties of PA.C.S. Sec'don 4904, relating to the unswom falsification to authorities. Christine L. K'~g ".~ MAY-I6-02 THU 11:06 AM FROM:7179011236 TO:MCKISSOCK HOFFMAN PAGE 2 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Answer, New Matter and New Matter Crossclaim upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Michael J. Cassidy, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (Counsel for Plaintiffs) Brandon N. Murray 2248 Orchard Road Camp Hill, PA 17011 Date: McKissock & Hoffman, P.C. B. Craig J~ckl Esquire ~ ~ Supren'~ourt I.D. No_. 368~/8 Edwin ,affD. Schwartz ~ire Supreme Court I.D. No. 75902 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Attorneys for Defendant, Christine L. King 10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RICHARD W. TURNER and DONNA MARIE TURNER, Plaintiffs NO. 01-4951 BRANDON N. MURRAY and CHRISTINE L. KING, Defendants JURY TRIAL DEMANDED ANSWER OF DEFENDANT BRANDON N. MURRAY TO PLAINTIFFS' COMPLAINT 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 BRANDON N. MURRAY, BY AND THROUGH HIS ATTORNEY, GEORGE H. EAGER, AND FILES THE FOLLOWING ANSWER: 1 .- 5. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). 6. Admitted. 7. - 9. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant Brandon N. Murray demands that this honorable court enter an Order stating that Defendant Brandon N. Murray is not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Defendant Christine L. King and is not liable over to Defendant Christine L. King by way of indemnity, contribution or otherwise and Defendant Brandon N. Murray asks that judgment be entered in his favor and against Plaintiffs on all claims set forth in Plaintiffs' Complaint. COUNT I RICHARD W. TURNER v. CHRISTINE L. KING 10. No response is required. Paragraphs I through 9 of Defendant's Answer are incorporated herein by reference as though fully set forth. 11. - 14. The allegations in paragraphs 11 - 14 are directed to a defendant other than answering defendant; therefore, no response is required by answering defendant. WHEREFORE, Defendant Brandon N. Murray demands that this honorable court enter an Order stating that Defendant Brandon N. Murray is not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Defendant Christine L. King and is not liable over to Defendant Christine L. King by way of indemnity, contribution or otherwise and Defendant Brandon N. Murray asks that judgment be entered in his favor and against Plaintiffs on all claims set forth in Plaintiffs' Complaint. COUNT II DONNA MARIE TURNER v. CHRISTINE L. KING 15. No response is required. Paragraphs I through 14 of Defendant's Answer are incorporated herein by reference as though fully set forth. 16. - 18. The allegations in paragraphs 16 - 18 are directed to a defendant other than answering defendant; therefore, no response is required by answering defendant. WHEREFORE, Defendant Brandon N. Murray demands that this honorable court enter an Order stating that Defendant Brandon N. Murray is not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Defendant Christine L. King and is not liable over to Defendant Christine L. King by way of indemnity, contribution or otherwise and Defendant Brandon N. Murray asks that judgment be entered in his favor and against Plaintiffs on all claims set forth in Plaintiffs' Complaint. COUNT III RICHARD W. TURNER v. BRANDON N. MURRAY 19. No response is required. Paragraphs 1 through 18 of Defendant's Answer are incorporated herein by reference as though fully set forth. 20. - 23. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant Brandon N. Murray demands that this honorable court enter an Order stating that Defendant Brandon N. Murray is not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Defendant Christine L. King and is not liable over to Defendant Christine L. King by way of indemnity, contribution or otherwise and Defendant Brandon N. Murray asks that judgment be entered in his favor and against Plaintiffs on all claims set forth in Plaintiffs' Complaint. COUNT III RICHARD W. TURNER v. BRANDON N. MURRAY 19. No response is required. Paragraphs 1 through 18 of Defendant's Answer are incorporated herein by reference as though fully set forth. 20. - 23. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant Brandon N. Murray demands that this honorable court enter an Order stating that Defendant Brandon N. Murray is not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Defendant Christine L. King and is not liable over to Defendant Christine L. King by way of indemnity, contribution or otherwise and Defendant Brandon N. Murray asks that judgment be entered in his favor and against Plaintiffs on all claims set forth in Plaintiffs' Complaint. COUNT IV DONNA MARIE TURNER v. BRANDON N, MURRAY 24. No response is required. Paragraphs 1 through 23 of Defendant's Answer are incorporated herein by reference as though fully set forth. 25. - 27. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant Brandon N. Murray demands that this honorable court enter an Order stating that Defendant Brandon N. Murray is not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Defendant Christine L. King and is not liable over to Defendant Christine L. King by way of indemnity, contribution or otherwise and Defendant Brandon N. Murray asks that judgment be entered in his favor and against Plaintiffs on all claims set forth in Plaintiffs' Complaint. NEW MATTER 28. Paragraphs 1 through 27 inclusive above are incorporated herein by reference and made a part hereof. 29. Plaintiffs' recovery is barred and/or limited pursuant to the provisions of the Pennsylvania Motor Vehicle Finanacial Responsibility Act, 75 Pa.C.S.A. 1701, et. seq., and Answering Defendant Brandon N. Murray hereby asserts all of the rights and defenses available to him under the aforementioned act. 30. Plaintiffs' claims are barred and/or limited pursuant to the applicable Statute of Limitations, the relevant portions of which are incorporated herein by reference. 31. Plaintiffs' 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. 32. Plaintiffs' 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. WHEREFORE, Answering Defendant Brandon N. Murray respectfully demand judgment in his favor and against all other parties together with the costs of this action. NEW MATTER PURSUANT TO PA.R.C.P. 2252(d) 33. Answering Defendant hereby incorporates by reference paragraphs 1 through 32 of the foregoing Answer and New Matter as if same were set forth more fully at length. 34. Answering Defendant denies any and all liability to Plaintiff but avers that if Plaintiff is entitled to recovery based upon the allegations of the Complaint, or proof entered in support thereof, then any such right of recovery is due and based solely upon the acts or omissions of co-defendant, Christine L, King, against whom Answering Defendant asserts a right of contribution and/or indemnity for any damages for which she may be determined to be liable to Plaintiff. WHEREFORE, Answering Defendant demands that this honorable court enter an Order stating that Answering Defendant is not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Co-Defendant Christine L. King and is not liable over to Co-Defendant Christine L. King by way of indemnity, contribution or otherwise and Answering Defendant asks that judgment be entered in her favor and against Plaintiff on all claims set forth in Plaintiff's Complaint. EAGER, REINAKER & SPINELLO BY: George H.~r, Esquire Attorney for'Defendant Murray I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 VERIFICATION I, BRANDON N. MURRAY, hereby verify that I am a Defendant in the foregoing action, and that the averments of the foregoing Answers 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 Answers 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 statem~ made h~r;~i~/~~~ Dated: ~/ 0~ ~~ 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: Michael J. Cassidy, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 B. Craig Black, Esquire McKissock & Hoffman, P.C. 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 EAGER, REINAKER & SPINELLO DATE: BY: Attorney for Defendant Murray I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 EAGER, REINAKIER, & SPINELLO ATTORNEYS AT LAW 1347 FRUiTVILLE PiKE LANCASTER, ?:';;;;3';-,J.'ANIA 17601 PHONE (717) 290-7971 FAX (717) 290-797~ IN THE COURT OF COHMON PLEAS OP CUHBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW RICHARD W. TURNER and DONNA MARIE TURNER, Plaintiffs BRANDON N. HURRAY and CHRISTINE L. KING, Defendants NO. 01 4951 JURY TRIAL DEMANDED CBRTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy Defendant Brandon N. Murray's Request for Production and Copying of Documents Set No. 1 Directed to Plaintiffs upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Michael J. Cassidy, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 B. Craig Black, Esquire McKissock & Hoffman, P.C. 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 EAGER, REINAKER & SPINELLO BY: //.. -{ ~ George H. Eager~ Esquire Attorney for Defendant Hurray I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 EAGER, REINAKER, & SPINELLO ATTORNEYS AT LAW 1347 FRUITVILLE PIKE LANCAS~LVANIA 17601 PHONE (717) 290-7971 FAX (717) 290-7978 iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RICHARD W. TURNER and DONNA MARIE TURNER, Plaintiffs BRANDON N. MURRAY and CHRISTINE L. KING, Defendants NO. 01 4951 JURY TRIAL DEMANDED CERTIEICATE OF SERVICE I HEREBY CERTIFY that I have this day served an eriginal ef Interregateries of Defendant Hurray Addressed te Plaintiffs upon the person set forth belew and in the manner indicated: First class mail, pestage pre-paid: Michael J. Cassidy, Esquire Jehnson, Duffle, Stewart & Weidner 301 Market Street P.O. Bex 109 B. Craig Black, Esquire McKissock & Hoffman, P.C. 2040 Linglestewn Read Suite 302 Harrisburg, PA 17110 EAGER, REINAKER & SPINELLO DATE:t~iIk' J', 'i -- George H'. Ea~er, Esquire Attorney fo~ Defendant Murray I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290 7971 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE, Plaintiff MALIKS INTERNATIONAL CO., INC. 906 BRIARWOOD CIRCLE WEST CHESTER, PA 19380 Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. : : No: 01-5208 CIVIL TERM : : Filed: 9/4/01 : Amount: $50,594.23 : EIN TO #81-284040 FROM #21-56391-3 AUTHORITY TO REMOVE LIEN FILED IN ERROR TO THE PROTHONOTARY OF SAID COURT: The Commonwealth of Pennsylvania, Department of Revenue, the Plaintiff in the above action, acknowledges that the above captioned Lien/Judgment Note was filed in error and desires that it be removed from the records thereof. AND you, the Prothonotary of said Court, are hereby authorized and empowered, in the name and stead of the Plaintiff, to remove said lien from the record as fully and effectually, to all intents and purposes, as we could were we present in person to do so; and for so doing, this shall be your sufficient warrant of authority. BY RESPECTFULLY SUBMITTED: D. MICHAEL FISHER _A_~T-~___ RNEY G~L_.,,~ \/ /// Stephen L. Brandwene #34198 Chief Deputy Attorney General Financial Enforcement Section Office of Attorney General 15th Floor Strawberry Square Harrisburg, PA 17120 Phone: (717) 787-9045 DATED: May 23, 2002 Oct 10 O! 09:33a CUMBERLAND p.3 SEE NOTZCE ON REVERSE SZDE CMMI'Y, PEIMSYLVANXA TO 81-28404-0 FROM 21-56391-3 NAJ~E AND M)DREss~ MALIKS INTERNATIONAL CO INC 101 WEST FRONT ST .... BOILING SPRINGS PA 17007-0503 (~RTZFZE~ COPY OF LZEN SALES 02~28 SBS-139 11-30-01 AlIT ~ . TA~DAV~I~ II~TT~ ~ $12,243.01 12,243.01 $50,5.94,23 $ 9.00 Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lcmoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plai~ RICHARD W. TURNER and DONNA MARIE TURNER Plaintiffs V. BRANDON N. MURRAY and CHRISTINE L. KING, Defendants IN THE CC CUMBERLI PLAINTIFFS' REPLY TO NEW MA TTER OF DEFENDANT BRANDON I AND NOW, this g°*~ day of June 2002, come the Plaintiffs, RI( MARIE TURNER, by and through their undersigned attorneys, Johnson, this Reply to New Matter of Defendant Brandon N. Murray, and in support 28. Denied. Said averment is denied to the extent that averments set forth in Plaintiffs' Complaint. 29-32. Denied. pleading is required. Said averments are denied as conclusion., WHEREFORE, Plaintiffs respectfully request that this Honorable and against all other parties in accordance with their prayers for relief rec REPLY TO NEW MATTER PURSUANT TO Pa.R.C 33. averments set forth in Plaintiffs' Complaint. Ltiff URT OF COMMON PLEAS OF ,ND COUNTY, PENNSYLVANIA N~). 01-4951 CiviITerm ;IVIL ACTION - LAW JL ~Y TRIAL DEMANDED , MURRAy HARD W. TURNER and DONNA ~uffie, Stewart & Weidner, and file hereof aver as follows: it incorporates answers which deny of law to which no responsive :ourt enter judgment in their favor ;sted in their Complaint. .P. 2252(d) Denied. Said averment is denied to the extent that it ncorporates answers which deny 34. Denied. Said averment is denied in that it is address and which therefore no responsive pleading is required. WHEREFORE, Plaintiffs respectfully request that this Honorable and against all other parties in accordance with their prayers for relief reqL :159523 Respectfully su JOHNSON, DIJ By: ~' Att6fne~ 301 Ma~ P.O. Bo Lemoyn Telepho Attorne) sd to a party other than Plaintiffs, ;ourt enter judgment in their favor .~sted in their Complaint. 3mitted, FFIE, STEWART & WEIDNER J. Cassidy I.D. No. 82164 ket Street ( 109 ~-, PA 17043-0109 we (717) 761-4540 s for Plaintiffs I, RICHARD W. TURNER, state that the statements made in the f true and correct to the best of my knowledge, information and belief. I undE herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to Date: ~//~"/42 ~- By: R/chard W, Turner >regoing Reply to New Matter are rstand that false statements made nswom falsification to authorities. I, DONNA MARIE TURNER, state that the statements made in the true and correct to the best of my knowledge, information and belief. I und~ herein are made subject to the penalties of 18 Pa.C.S.^. ~4904, relating to Date: Donna Marie Turner oregoing Reply to New Matter are rstand that false statements made nswom falsification to authorities. CERTIFICATE OF SERVICF AND NOW, this 2.~ day of June 2002, the undersigned does hE serve a copy of the foregoing Complaint upon the other parties of record b! the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvani B. Craig Black, Esquire McKISSOCK & HOFFMAN 2040 Linglestown Road Harrisburg, PA 17110 Attorney for Defendant King reby certify that she did this date causing same to be deposited in addressed as follows: George H. Eag< ~r, Esquire EAGER, REIN/KER & SPINELLO 1347 Fruitville 'ike Lancaster, PA f7601 Attorney for DE 9ndant Murray JOHNSON, DUI :FIE, STEWART & WEIDNER Michelle M. Bross Legal As sistant Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 RICHARD W. TURNER and DONNA MARIE TURNER Plaintiffs V. BRANDON N. MURRAY and CHRISTINE L. KING, Defendants Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4951 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MA TTER OF DEFENDANT CHRISTINE L. KING AND NOW, this ?-°r" day of June 2002, come the Plaintiffs, RICHARD W. TURNER and DONNA MARIE TURNER, by and through their undersigned attorneys, Johnson, Duffle, Stewart & Weidner, and file this Reply to New Matter of Defendant Christine L. King, and in support thereof aver as follows: 28. Denied. Said averment is denied to the extent that it incorporates answers which deny averments set forth in Plaintiffs' Complaint. 29-37. Denied. pleading is required. Said paragraphs are denied as conclusions of law to which no responsive WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter judgment in their favor pursuant to the relief requested in their Complaint. REPLY TO CROSS-CLAIM 38. Denied. Said averment is denied to the extent that it incorporates answers which deny averments set forth in Plaintiffs' Complaint. 39. Denied. Said averment is denied in that it is addressed to a party other than Plaintiffs, and which therefore no responsive pleading is required. WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter judgment in their favor pursuant to the relief requested in their Complaint. :159074 Respectfully submitted, JOHNSON, DUFFLE, STEWART & WEIDNER Mic~ae~'J. Cassidy Attoh'~y I.D. No. 82164 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiffs VER~ I, RICHARD W. TURNER, state that the statements made in the foregoing Reply to New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date:~~_ By: Richard W. Turner I, DONNA MARIE TURNER, state that the statements made in the foregoing Reply to New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. {}4904, relating to unsworn falsification to authorities. Donna Made Turner CERTIFICATE OF SERVICE AND NOW, this ~ day of June 2002, the undersigned does hereby certify that she did this date serve a copy of the foregoing Complaint upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: B. Craig Black, Esquire McKISSOCK & HOFFMAN 2040 Linglestown Road Harrisburg, PA 17110 Attorney for Defendant King George H. Eager, Esquire EAGER, REINAKER & SPINELLO 1347 Fruitville Pike Lancaster, PA 17601 Attorney for Defendant Murray JOHNSON, DUFFLE, STEWART & WEIDNER By: ~'~ Michelle M. Bross Legal Assistant McKISSOCK & HOFFMAN, P.C. By: B. CRAIG BLACK, ESQUIRE SUPREME CT. ID #36818 2040 LINGLESTOWN ROAD SUITE 302 HARRISBURG, PA 17110 (717) 540-3400 ATTORNEYS FOR DEFENDANT, CHRISTINE L. KING RICHARD W. TURNER and DONNA MARIE TURNER, Plaintiffs Vo BRANDON N. MURRAY and CHRISTINE L. KING, Defendants IN THE COURT OF COMMONS PLEAS OF CUMBERLAND COUNTY, PENNA No.: 01-4951 CIVIL ACTION - LAW REPLY OF DEFENDANT, CHRISTINE L. KING TO NEW MATTER CROSSCLAIM PURSUANT TO PA.R.C.P. 2252(d) OF BRANDON N. MURRAY AND NOW, this Ol"t"'" day of ',,._.,~0=~._.0,._ , 2002, comes Defendant, Christine L. King, and files the following Repl~) to the New Matter Crossclaim of Defendant, Brandon Murray pursuant to Pa.R.C.P. 2252(d). 33. Defendant, Christine King, hereby incorporates by reference Paragraphs 1 through 37 of her previously filed Answer, New Matter and New Matter pursuant to Pa.R.C.P. 2252(d), as if same were set forth more fully herein. 34. Denied. The averments contained in Paragraph 34 of Defendant Brandon N. Murray's New Matter pursuant to Pa.R.C~P. 2252(d) constitute conclusions of law to which no responsive pleading is required. To the extent that said averments constitute factual averments and are not conclusions of law, same are denied. By way of further answer, Defendant, Christine King, hereby incorporates by reference each and every paragraph of her previously filed and served Answer, New Matter and New Matter Crossclaim. WHEREFORE, Defendant, Christine King, respectfully requests that this Honorable Court enter judgment in her favor and dismiss Plaintiffs' Complaint together with Defendant, Brandon Murray's, Crossclaim and provides such other relief as this Honorable Court deems equitable and just. Date: Respectfully submitted, McKissock & Hoffman, P.C. B. Cra~ BI~cI~, Esqui,~", Sup~ne Court I.D./Jqo. 36818 Ed~I'A.D. Schwa'rtz, Esquire Suprem- e Court I.D. No. 75902 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Attorneys for Defendant, Christine L. King 2 JUN 24 '02 11:48 FR EXEL LOGISTICS 419 727 9605 TO 17175403434 P.02702 VERIFICATION I, Christine L. King, hereby vedfles that the statements in Defendant, Christine L. King's Reply to New Matter Crossclaim Pursuant to Pa.R.C.P. 2252(d) of Brandon N. Murray are true and correct to the best of my information, knowledge and belief. I understand that the statements are made subject to the penalties of PA.C.S. Section 4904, relating to the unswom falsification to authorities. ! / ~tidstine L. King JUN-24-02 MON 10:45 AM FROM:419 727 9605 T0:MCKISSOCK HOFFMAN ** TOTAL PAGE.02 ** PAGE 2 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Reply to New Matter Crossclaim Pursuant to Pa.R.C.P. 2252(d) of Brandon N. Murray upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Michael J. Cassidy, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (Counsel for Plaintiffs) George H. Eager, Esquire Eager, Reinaker & Spinello 1347 Fruitville Pike Lancaster, PA 17601 (Counsel for Defendant, Brandon N. Murray) Date: McKissock & Hoffman, P.C. B. Craig~lack, Esquire ~ Suprej~eJCourt I.D. No. 3~:~18 Edwi~..~). Schwartz,,,E~q uire Supreme- Court I.D. No. 75902 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Attorneys for Defendant, Christine L. King 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RICHARD W. TURNER and DONNA MARIE TURNER, Plaintiffs NO. 01-4951 BRANDON N. MURRAY and CHRISTINE L. KING, Defendants JURY TRIAL DEMANDED ANSWER OF DEFENDANT BRANDON N. MURRAY TO NEW MA-I-I'ER OF DEFENDANT CHRISTINE L. KING PURSUANT TO Pa.R.C.P. 2252(d) 38. Defendant Brandon N. Murray hereby incorporates by reference Paragraphs 1-34 of his Answer to Plaintiffs Complaint as if same were set forth more fully at length. 39. Denied. It is denied that if Plaintiff is entitled to recover, any such recovery may be solely or partially as a result of the negligent acts or omissions of Defendant Brandon N. Murray, as set forth in Plaintiffs Complaint and it is further denied that Brandon N. Murray may be alone liable to the Plaintiff, or jointly and severally liable with Defendant, Christine L. King, or liable over to Plaintiff or liable to Defendant Christine L. King, for contribution, and/or indemnity. WHEREFORE, Defendant Brandon N. Murray demands that this honorable court enter an Order stating that Defendant Brandon N. Murray is not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Defendant Christine L. King and is not liable over to Defendant Christine L. King by way of indemnity, contribution or otherwise and Defendant Brandon N. Murray asks that judgment be entered in his favor and against Plaintiff on all claims set forth in Plaintiff's Complaint. EAGER, REINAKER & SPINELLO ge H. Eag,~/', Esquire Attorney for ~)~fendant Murray I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 VERIFICATION I, GEORGE H. EAGER, hereby verify that I am the attorney for Defendant, BRANDON N. MURRAY, in the herein lawsuit, that I am authorized by BRANDON N. MURRAy to make this Verification and that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements contained therein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Dated: CERTIFICATE OF SERVICF I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing document upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Michael J. Cassidy, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Plaintiff B. Craig Black, Esquire McKissock & Hoffman, P.C. 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 Attorney for Defendant King EAGER, REINAKER & SPINELLO DATE: BY: eorl~[e H.~age~E'squire Attorney for Defendant Murray I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RICHARD W. TURNER AND : DONNA MARIE TURNER, : Plaintiffs : : Vo BRANDON N. MURRAY and CHRISTINE L. KING, Defendants NO.: 01-4951 CERTIFICATE PREREQUISITE TO SERVICE OF SUPBOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant Brandon N. Murray 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: ~~e~'f~~e~r~urray I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RICHARD W. TURNER AND DONNA MARIE TURNER, Plaintiffs Vo BRANDON N. MURRAY and CHRISTINE L. KING, Defendants NO.: 01-4951 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT BRANDON N. MURRARY 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. DATE: I.D. No. 27740 1347 FRUITVILLE PIKE LANCASTER, PA 17601 (717) 290-7971 RICHARD W. TURNER and DONNA MARIE TURNER, Plaint if fa VS. BR~NDON N. MURRAY and CHRISTINE L. KING, Defendants C~TM OF File No. 01-4951 _SUBPOENA TO PROOUCE ~NTS OR THINer. FC~ DISCOVERy PUESUANT TO RULE 400~.2___~2 FO: L.B. Smith Lincoln Mercury, Inc. 63~i Cariisie ~ike - Mechanicsburg, PA 17050 (N~neof Pe~sono~ £ntit¥) Within twemty (20) days afte~ service of this subpoena, yc~ are o~de~ed by the co.et to ocoduce the Following ck:x~xnents or things: see a had at ._ 1347 Fruitville Pike, Lancaster, Pennsylvania, 17601. -- (Address) You may deiive~ c~mail legible copies of the doctrnents or p~oduce th~ngs requested by this subpoena, togethe~ with the certificate of ccrnpliance, to the party making this request at the add-ess ]~sted above. You have the ri~t. to seek in advanc~ the reasonable cost of pre13a~ihg the copies o~ producing the things sought. If you fail to produce the documents ~ things required by this subp~.mna within twenty (20) days afte~ its service, the pa~ty serving this subpo~'ma may seek a c~Jrt cc~6ellir:g yo~ to ccaply wi~ch PHIS SL~WAS ISSUED AT THE RECIJESTO~ THE FOLLC~ING PERSON: NAt~: George H. Eager, Esquire ~ager, ~einaKer ~ Spznello-- ~OORESS:~2-Fr'~fvi!!e Lancaster, PA 17601 tELEPHONE: (717) 290-7971 '-;tPRE~ CDbRT ID ~ 27740 ~', FFC~NEY FOR: Defendant 8Y T}~ COURT: mA TE: Seal of the Court Prothcx~teu-y/Cl~k, Civil Division Oeputy (Eff. 7/97) CERTIFIED PHOTOCOPIES OF THE RECORDS WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RICHARD W. TURNER AND DONNA MARIE TURNER, Plaintiffs BRANDON N. MURRAY and CHRISTINE L. KING, Defendants NO.: 01-4951 ADDENDUM TO SUBPOENA CUSTODIAN OF RECORDS FOR: L.B. SMITH LINCOLN MERCURY~ INC. A COPY OF ANY AND ALL OF THE FOLLOWING: APPLICATION FOR EMPLOYMENT; PRE-EMPLOYMENT PHYSICAL; DATE EMPLOYMENT BEGAN; WORKER'S COMPENSATION CLAIMS AND MEDICAL REPORTS; PERFORMANCE EVALUATIONS; YEAR END PAYROLL RECORDS FOR EACH YEAR OF EMPLOYMENT; DISCIPLINARY NOTICES; - LEAVE OF ABSENCE DATES AND REASON FOR LEAVE; AND DATE OF TERMINATION ON PLAINTIFF. NAME: RICHARD W. TURNER DATE OF BIRTH: 03/01/43 SSN: 186-34-0251 CERTIFIED PHOTOCOPIES OF THE RECORDS WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE ~'rH OF PElqNSYL~ RICHARD W. TURNER and DONNA MARIE TURNER, Plaintiffs VS. BRANDON N. MURRAY and CHRISTINE L. KING, Defendants : Fi ie No. : : : SUBPOENA TO PROOLX~ DOCLHE~S OR THIN OS FOR DISCOVERY PURSUANT TO RU~E 4009. 01-4951 FO: Family Physician Assoc., Inc. of New Cumberland' 1900 Bridge Street (Nane of Person or Entity) New Cumberland, PA 17070 Within twenty (20) daws afte~ sexy{ce of this subpoena, you a~e ocde~ed by the court to oroduce the following (~ts oc thimos- An~ and all first consultation reports,, office notes, MI{I, CT and x-ray films & reports, tes~ amd do¢~-~s-'~_J~f~and all other medical records and reports concerning ~}~i_n.~iff Richard W. Turner (DOB: 3/1/43) (SSN: 186-34-0251) at ._1347 Fruitville Pike, Lancaster, Pennsylvania, 17601. (Address) You may de;iver or mail le<jible copies of the ~ts or oroduce ~J~ngs requested by this subpoena, to~ethe~ with the certificate of ccn~liance, to the party making this request at the address l~ted above. You have the right to seek ~n advance the rease~able cost of ore~arihg the copies or producing the things sough~. If you fail to produc~ the documents or thinss required by this subf~-:n~ within twenty {20) days a~er i~s service, the pa~t¥ serving this subpo~',a may seek a c~Jrt ord~- ccmsel ling you to cc~ly with it. CHIS SUBPO~ WAS I SSUEO AT THE RE(2U~ST O~ THE FCW_LONINO PERSON: NA~: George H. Eager, Esquire Eager, KeinaKer & Spinellv aOO~ESS: !347--F~zitvi!!e P~ Lancaster, PA 17601 tELEPHONE: (717) 290-7971 COURT I0 ~ 27740 -', FFORNEY FOR: Defendant BY ~ CO JRT: ~A rE: Seal of the Court Prothonotary/Clerk, Civil Oivisio~ Oeputy (Elf. 7/97) C~TH OF PENNSYLVANIA RICHARD W. TURNER and DONNA MARIE TURNER, Plaintiffs VS. BRANDON N. MURRAY and CHRISTINE L. KING, Defendants COONTY OF ~ Fi le No. : : : SUBPOENA TO PRCOJ(~ DCOJ~NTS OR THINGS__ FOR DISCOVERY PURSUANT TO RULE 4009.22 01-4951 to: Michael Cordas, D.O.; Performance Sports Medicine ~ Sir Thomas Court (Na~e of Person or Entity) Harrisburg, PA 17109 Within twemty (20) days afte~ service of this sub~ma, yo~ a~eocde~ed by ~e ~et to ~ce ~e foll~ ~ts ~ thinos. ~Y and all first consultation reports,,office ~I, CT and x-ray fi~s & reports, tes~ ~e~ulL~, pl~i~l L[~3 ~euo~s. [~rsa~ .... note ~?~-' ...... w~th an ~nd all ot~r medical records an~ re~grts conce~ r~azntz~ ~icnard W. Turner (DOB: 3/1/43) (SSN: 186-34-0251~ ~ at .~347 Fruitville Pike, Lancaster, Pennsylvania, 17601. (Add~ess) Yc~ may de;ive~ or mail legible co~es of the documents or ~uce ~]nSs re~est~ by th~s susa, ~e~. w~ ~e c~tif~te of ~] ~e, to the p~ty ~n~ this c~uest at ~e ad. ess ] fst~ ~ve. Y~ have the ci~t. to s~k in adv~a the cost of ~]~ ~e ~ies ~ p~uc~ ~e ~inNs s~ht. If y~ fail ~ price ~e ~ts ~ ~i~s re~r~ by ~is s~a within t'~ty (20) ~ys aft~ its s~ice, ~e p~ty s~vin~ this s~',a may s~k a ~mt ~de- ~ellir:g y~ ~ ~ly wi~ ~t. PHI S SUBPCENA WAS ISSUED AT THE REC~JEST O~ T~E FOLLCWI NG PERSON: NAP~: George H. Eager, Esquire Eager, Keina~er a Spinellu 13 7~ ..... ~ancaster, PA 17601 tELEPHONE:(717) 290-7971 'aJPREJ~ CCLRT I0 .~ 27740 · ',FrORNEY FOR: Defendant BY TIE COORT: -- ~eal of the Co.ct Prothonotary/Clerk, Civil Oivis,.'on Oeputy (Eff. C~TH OF P~qNSYLVANIA RICHARD W. TURNER. and DONNA MARIE TURNER, Plaintiffs vs. BRANDON N. MURRAY and CHRISTINE L. KING, Defendants COONFY OF O3M~t%SA~ Fi le No. 01-4951 _SUBPOENA TO PRCOJCE DOCL~S CR TH INC~. FOR DISCOVERY PURSUANT TO RULE 4009.2? FO: Internists of Central PA I10 Lowther Street (Name of Pa-son o~ Entity) Lemoyne, PA 17043 Within twenty (20) days after service of this subpoena, you a~e ordered by the court to produce the following docunents or thinos- Any and_all first, consultation 're MI{I, CT and x-ra films & r ...... ports, office ~- -o~-c::--~>~s3~-~-g wlcn any an~ ail otb_er medical records and reports concen.~°~ Plaintiff Richard W. Turner (DOB: 3/1/43) (ssN: 186-34-0251) - -"-'° at ._1347 Fruitville Pike, Lancaster, Pennsylvania, 17601. (Address) Yc~ may de;iver c~- maiJ legible copies of the C~ts or p~oduce U3ings requested by this subpoena, togethe~ with the certificate of cx:rr~l iance, to the pa~ty making this request at the adcl~ess ] '.'Sted above. You have the might, to seek in advance the meascmable cost of preparihg the copies or producing the things sought. If you fail to produca the do~znents or things required by this subp~-m~ wffJqin twenty (20) days after ~ts service, the party serving this subpo~'m may seek a c~Jrt orde- ccmsel i ir:g you to ccnply with ~t. FHIS SUBPOENA WAS ISSUED ATT ME RB~JESTOF T~ FO~LONINO PERSON: NA~E: George H. Eager, Esquire Eager, Keinamer & Spiuellu - a. DO~ESS: !347--~it-z!!!e P~wp Lancaster, PA 17601 rELEPHONE:(717) 290-7971 COURT ID ~ 27740 ~ FFORNEY FOR: Defendant BY ~ COUqT: ,A rE: '- ~eal of the Court Prothonotacy/Cle~k, Civil Division Oeputy (Eff. 7/9?) RICHARD W. TURNER and DONNA MARIE TURNER, Plaintiffs VS. BRANDON N. MURRAY and CHRISTINE L. KING, Defendants O3ONTY OF OJ~g)~RL~D : Fi le No. : : : SUBPOENA TO PRCOJC~ ~NTS OR TH I NGS FOR DISCOVERY PURSUANT TO .I~JL. E 4009.22 01-4951 ro: Salvatore Parascandola, M.D. 8~O Poplar street (Name of Person o~ Entity) Camp Hill, PA 17011 Within twenty (20) days afte~ service of this subpoena, yc~ a~e o~de~ed by U~e couPt to or~uce the following documents o~ thinos- Any and all first consultation reports,, office note~ MltI, CT and x-ray films & reports, tes~ ~c~ulL~, physical Lhc~=~7 £cpu~s, ,,~zaa~ no~s a~d--~o¢~-e~s.' , -~ with any and all other medical records and reports concernzng ~intiff Richard W. Turner (DOB: 3/1/43) (SSN: 186-34-0251) at ._1347 Fruitville Pike, Lancaster, Pennsylvania, 17601. (Address) You may deliver o~ mail legible copies of the documents or t~oduce things requested by this sub--a, to~ether with the ~tifi~te of ccrrpli~ce, to the p~ty n~ing this request at the address 1 i~ted above. Y~ have the rial'itl tO seek in adv~e the rea.~le cost of prep~ii~ the copies or producing the things s~ght. If you fail to produce the C~ts or things ~equimed by this sub~x~-~na witJ~im twenty (20) days after ils service, the pa~ty serving this sub~xx~',a may seek a cc~jmt cc~isellir:g you to co~uly wi~ch it. FHI S SUB~ WAS I~ AT THE REC;OEST OF' THE FOLLOHING PERSON: NAPE: George H. Eager, Esquire Eager, Reina~er & Spimellu ~OORESS: ! 3/; 7--F_~aitvi!! e p~W~ Lancaster, PA 17601 tELEPHONE: (717) 290-7971 '~UPRE~E COURT ID ~ 27740 · ~FFORNEY FOR: Defendant BY ~ COURT: ,A rE: Seal of the Cx~uct Prothonotary/Clerk. Civil Division L~eputy (Eff. Wg~ ) C~DNW~%LTH OF p~-YLVANIA RICHARD W. TURNER and DONNA MARIE TURNER, Plaintiffs VS o OOONTY OF ~ BRANDON N. MURRAY and CHRISTINE L. KING, Defendant s File No. SUBPOENA TO PROOUCE O(:Z:LI~NTS OR TH INC~. _FOR DISCOVERY PLRSUANT TO RULE 4009.22 01-4951 rot Moffit Pease & Lira Cardiology, Inc. 1000 North Front ~treec (Na~e of Pe~so~ o~ Entity) Wormleysburg, PA 17043 Within twenty (20) days afte~ service of this subpoena, you a~e o~de~ed by the court to O~x~duce the roi lowin~ docunents o~ thin-s- An? and all, fi~rst, consultation reports,, office note. MRI, CT and x-ray films & reports, tes~ fesuzL~, ph~ L~=~ r=~z~, ~z-~am notes amd do¢~-~s.'~_with any and all other medical records and reports concerning Plaintiff Richard W. Turner (DOB: 3/1/43) (SSN: 186-34-0251) at ._1347 Fruitville Pike, Lancaster, Pennsylvania, 17601. (Add~ess) You may de;ive~ c~- mail le<jible copies of the documents o~ l~'oduce th~ngs requested by this subpoena, to~eth~ with the certificate of ml iance, to the pa~ty making this cequest at the adcl~ess ! ~sted above. Yo~l have the ~ight. to seek in advance_ the ~easonab]e cost of pcepa~ih~ the copies o~ p~oducin~ the things sought. if you fail to produce the ~ts c~ thincjs required by this subp~a within t'~enty (20) days afte~ its se~vi.-.e, the pa~ty se~vin~ this subpo~',a may seek a c~ct cc~el i ir:~ yc~ to cc~ply wi~ch it. SU~POENAWAS IMSL~D AT THE REC~3~STO~ T~ F~L~I~ PER~: George H. Eager, Esquire Eager, Keina~er & Spin~llu ~ESS: !3~7~itvi!!e P~ ~ancaster, PA 17601 tELEPHONE:(717) 290-7971 'AJPRE]~ COLRT ID .~ 27740 .\FFORNEY FOR: Defendant 8Y T]~ CCtJRT: ~ rE: Seal of the CcxJmt Prothc~ota~y/Cle~k. Civi 1 Division Oep~ty (Eff. C0~TH OF PENNSYLVANIA RICHARD W. TURATER and DONNA MARIE TURNER, Plaintiffs vs. BRANDON N. MURRAY and CHRISTINE L. KING, Defendants File No. 01-4951 Holy Spirit Hospital 503 N. 21st Street SUBPC~NATO PRCE)UCE OCO. J"~NTS OR THINC~ ~OR DISCOVERY PURSUANTTORULE ~009.22 (NaT~ of Person oc Entity) Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the followir~3 documents or things: see attached Addendum at ._13_~42_~r. uJ.r_v~lle P~ke~ T.~caster, Pennsylvania, 17601. (Address) You may de;iver or mail legible copies of the ckxmznents or I~-Oduce th,fngs requested by this subpoena, together with the certificate of ccrrpliance, to the party making this request at the add~ess 1 '.'sted above. You have the right to seek in advance the reasonable cost of preparihg the copies or producing the things sought. If you fail to produce the c~ts or things required by this su~-~na witJqin twenty (20) days after its service, the pa~ty serving this subpo~',a may seek a oc~Jrt ocde- c~ellir:g you to ccnply with it. FHI S SL~POENA WAS ISSUED AT THE REQUEST OF THE FOLLCWl NG PERSON: NAif: George H. Eager, Esquire Eager, Reinaker & Spinello ~DORESS: 1347 i~ruiLviii~ Pik= - -[~c~s~P.r~. PA 17601 tELEPHONE: (717) 290-797]. '-;L,PRE]~ COJRT ID ;t 27740 · ', FFORNEY FOR: nefen~_:_nt BY ~ 02X.~T: ~A TE: Seal of the Court Prothonotapy/Clerk. Civil Divis'.'on Oeputy (Eff. %/9?) CERTIFIED PHOTOCOPIES OF THE RECORDS WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RICHARD W. TURNER AND DONNA MARIE TURNER, Plaintiffs Vo BRANDON N. MURRAY and CHRISTINE L. KING, Defendants NO.: 01-4951 ADDENDUM TO SUBPOENA CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL A COPY OF ANY AND ALL OF THE FOLLOWING: 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 REPORTS AND FILMS ON PLAINTIFF. ALSO TO BE INCLUDED: 8. ANY AND ALL PAIN CLINIC AND PSYCHIATRIC RECORDS ON PLAINTIFF. NAME: RICHARD W. TURNER DATE OF BIRTH: 03/01/43 SSN: 186-34-0251 CERTIFIED PHOTOCOPIES OF THE RECORDS WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE ca~c~~ OF P~S~L~ COGNTY OF OJ~4BERIA~D RICHARD W. TURNER and DONNA MARIE TURNER, Plaintiffs VS. BRANDON N. MURRAY and CHRISTINE L. KING, Defendants File No. 01-4951 ~SUSPCENATO PRCOJCE DCX2U~NTS OR THINC~. ~OR OlSCOVERYPLRSUANTTORL~E 4009.2? FO: Smith Radiology, Inc. 1515 Bridge Street (NaT~ of Pe~sc~ o~ Entity) New Cumberland, PA 17070 Within twenty (20) days afte~ service of this subpoena, you are o~de~ed by the count to peoduce the following docLments o~ things: Any and all films and reports on Plaintiff R~c__h~{d W. Turner (DOB: 3/1/43) (SSN: 186-34-0251) at ._ 1347 Fruitville Pike, Lancaster~ Pennsylvania, 17601. (Address) Yc~ may de;ive~ o~ mail le~jible copies of the doc~nents o~ p~oduce things reguested by this subpoena, to~ethe~ with the certificate of ccmpliance, to the party making this ce~uest at the addmess ]isted above. You have the right to seek in adYanc~ the reasc~ab]e cost of p~eparih~ the copies o~ producing the things sought. If you fail to produce the docunents o~ things required by this sub(x~na within twenty (20) days afte~ its sexy(ce, the pa~ty se~¥ing this subpo~',a may seek a co,Jrt o~de' cr~r~eilir:g you to ccm~Iy with it. SUB~6NA WAS ISSUED Al THE REC~ST Of: THE FOLLCW I ~ PER~: George H. Eager, Esquire; Eager, Reinaker & Spinello ~ESS: 1347 Fruitville Pike Lancaster. PA 17601 [5~~: (717) 290-7971 '~R~ ~T ID ~ 27,740 ~ F'F~EY F~: D~F~n4~t 8Y THE COJRT: ~A rE: Seal of the Cc~mt Prothonotary/Clerk. Civil Division Deputy (Eff. 7/9?) (~TH OF PENNS~~ COONTY OF ~ RICHARD W. TURNER and DONNA MARIE TURNER, : Plaintiffs : : vs. : Mile No. 01-4951 BRANDON N. MURRAY and CHRISTINE L. KING, Defendants : ~SU~POENA TO PROOUCE DCOJ~NTS OR TH I ~ FOR DISCOVERY PURSUANT TO RULE 4009.22 FO: Community Ima~in~ Associates 865 South Arlington Avenue (Name of Person o~ £ntity) Harrisburg, PA 17109 Within twenty (20) days afte~ service of this subpoena, you a~e ocde~ed by the court to oeoduce the followin~ doct~nents o~ things: Any and all films and reports on Plaintiff Richard W. Turner (DOB: 3/1/43) (SSN: 186-34-0251) at __ 1347 Fruitville Pike, Lancaster~ Pennsylvania, 17601. (Address) You may de;iYer c~ mail legible copies of the ~ts or ocoduce things requested by this subpoena, togethe~ with the certificate of cc~pliance, to the pa~tymaking this request at the add~ess ]~sted above. You have the right to seek in advance the reasc~le cost of pr'ep~r'i~ the copies o~ producing the things sought. If you fail to produca the C~ts o~ things required by this subp~-mna within twenty (20) days afte~ its service, the pa~ty serving this subpo~',a may seek a o~Jrt c~d~- c~qsellir;g you to cozoly with it. PHIS SUB~_NAWAS IS.gO~D AT TH~ REC~O~STO~ THE FOtLOWIN~ PERSON: ~: George H. Eager, Esquire; Eager, Reinaker'& Spinello ~DO~ESS: 1347 Fruitville Pike Lancaster. PA 17601 rELSPMON£: (717) 290-7971 ";UPRE]~CCURT ID ~ 2~740 ',F'FC~RNEY FOR: Def~nd~n~ 8Y THE CO, JRT: )A rE: -- ~eal of the Cou~t Prothcx~oteu-y/Ole~k, Civil Divis~c~n Oep~ty (Elf. 7/9?) CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day served a true and correct copy of the foregoing Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 upon the person and in the manner indicated below. Service by First Class Mail, addressed as follows: Michael J. Cassidy, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 B. Craig Black, Esquire McKissock & Hoffman, P.C. 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 Dated: los EAGER, REINAKER & SPINELLO BY: Geo/~e/"-~H. Ea~,Esquire At~rney for~Defendant Brandon N. Murray I.D. No. 25971 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 RICHARD W. TURNER and DONNA MARIE TURNER Plaintiffs V. BRANDON N. MURRAY and CHRISTINE L. KING, Defendants Atl:omcys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4951 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above captioned action as discontinued with prejudice. Dated: csj:236638 12380-1 JOHNSON, DUFFLE, STEWART & WEIDNER By: ~-~'--" ") 42 ~ Michael/J. Cassidy Attorney I.D. No. 82164 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiffs CERT FZCA TE OF SERVZCE AND NOW, this ~ day of g'~' ,2004, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by ceusing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: B. Craig Black, Esquire McKissock & Hoffman 2040 Linglestown Road Suite 302 Hardsburg, PA 17110 Dennis E. Reinaker, Esquire Eager, Reinaker & Spinelllo 1347 Fruitville Pike Lancaster, PA 17601 JOHNSON, DUFFLE, ~& WEIDNER · -Ca~, S.~Jens~L~..//