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HomeMy WebLinkAbout13-7206 i Supreme Court of Pennsylvania cout in Pleas eel For Prothonotary Use Only t CUMBER County Docket No: The information collected on this form is used solely fbr court administration purposes. This for °m does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint ❑ Writ of Summons El Petition El Notice of Appeal ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking Lead Plaintiff's Name: Lead Defendant's Name: MARGARET M. YATES TYLER J. WILSON t ' I ❑ Check here if you are a Self - Represented (Pro Se) Litigant :0 Name of Plaintiff/Appellant's Attorney: li �N Are money damages requested? : RYes ❑ No Dollar Amount Requested: within arbitration limits (Check one) X outside arbitration limits Is this a Class Action Suit? ❑ Yes O No 't 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 Mass Tort) CONTRACT (do not include Judgments) 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 ❑ Zoning Board ❑ Product Liability (does not include ❑Statutory Appeal: Other ~ tom mass tort) El Employment Dispute: El Slander/Libel/ Defamation Discrimination ❑ Other: ❑ Employment Dispute: Other Judicial Appeals ❑ MDJ - Landlord/Tenant ❑ Other: ❑ MDJ - Money Judgment t ° MASS TORT ❑ Other: ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES El Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑Toxic Waste ❑ Ejectment 11 Common Law /Statutory Arbitration d. ❑Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure Restraining Order PROFESSIONAL LIABLITY ❑ Partition ❑ Quo Warranto ❑ Dental ❑ Quiet Title ❑ Replevin ❑ Legal ❑ Medical ❑ Other: ❑ Other: ❑ Other Professional: Pa.R.C.P. 205.5 212010 r: - ra MARGARET M. YATES, : IN THE COURT OF COMMON PLEASE w� Plaintiff : CUMBERLAND COUNTY, P NNSYaAi�`, S r- fX-1� c% r TYLER J. WILSON, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint 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 32 South Bedford Street Carlisle, PA 17103 Phone: (717) 249 -3166 or (800) 990 -9108 a � U bC4 MARGARET M. YATES, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : No. TYLER J. WILSON, : CIVIL ACTION — LAW Defendant : JURY TRIAL DEMANDED PLAINTIFF'S COMPLAINT AND NOW comes the Plaintiff, Margaret M. Yates, by and through her attorneys, Costopoulos, Foster & Fields, and respectfully represents as follows in support of this Complaint: Parties 1. Plaintiff, Margaret M. Yates, is an adult individual residing at 17 Randi Road, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant, Tyler J. Wilson, is an adult individual residing at 502 Penn Ayr Road, Camp Hill, Cumberland County, Pennsylvania 17011. Material Allegations of Fact 3. The events giving rise to this cause of action occurred at approximately 2:23 p.m. on or about September 20, 2012 at the intersection of the Carlisle Pike (State Route 11) and the Conodoguinet Parkway (State Route 114) in Silver Spring Township, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Plaintiff, Margaret M. Yates, was a passenger -1- in a 2011 Ford senior citizens van operated by H. L. Kemper and owned by East Pennsboro Township which was stopped at the red light in the outer turn lane of northbound Carlisle Pike waiting to turn left onto westbound Conodoguinet Parkway. 5. At the aforesaid time and place, Defendant, Tyler J. Wilson, was operating a 1999 Ford Mustang automobile and traveling at a high rate of speed proceeding northbound on the Carlisle Pike in the left lane approaching the aforesaid intersection when he swerved left to avoid striking another vehicle that had pulled out of the parking lot of the Kentucky Fried Chicken (6557 Carlisle Pike), rear - ending the Ford van in which Plaintiff, Margaret M. Yates, was a passenger, and forcing the van into the 2000 Chevrolet box truck operated by Mark Kresge which was stopped ahead at the light, thereby causing the injuries and damages giving rise to this cause of action. Plaintiff v. Defendant — Negligence 6. The averments set forth in paragraphs 1 through 5 above are incorporated herein by reference as if set forth in full. 7. At the aforesaid time and place, the collision, injuries and damages resulting therefrom to the Plaintiff, Margaret M. Yates, were caused by the negligence, recklessness and/or carelessness of Defendant, Tyler J. Wilson, in that he: a) failed to operate his vehicle at a safe speed; b) drove his vehicle at a speed greater than was reasonable and prudent under the conditions and having due regard to the actual and 2 1 potential hazards then existing; c) drove his vehicle at a speed greater than permitted him to bring his vehicle to a stop within the assured clear distance ahead; d) violated Section 3361 of the Pennsylvania Motor Vehicle Code on "Driving vehicle at safe speed," 75 Pa.C.S. § 3361, and thus is negligent per se; e) operated his vehicle in careless disregard of the safety of persons and property, including the Plaintiff, Margaret M. Yates; f) failed to bring his vehicle to a stop before hitting the Plaintiff's vehicle which was lawfully stopped at a red light; g) rear -ended the Plaintiff's vehicle; h) failed to maintain his vehicle under proper and lawful control; i) failed to keep a proper lookout; j) failed to pay sufficient attention to the roadway and vehicles; k) failed to see what he should have seen; 1) failed to notice the imminence of an accident and take the necessary steps to avoid it; and m) acted without due regard for the safety and rights of other motorists and passengers, including the Plaintiff. 8. As a direct and proximate result of the negligence, recklessness and/or 3 carelessness of the Defendant, Tyler J. Wilson, the Plaintiff, Margaret M. Yates, has suffered injuries which were and are severe, painful, serious and permanent. These injuries include but are not limited to: a) severe cervical strain and sprain; b) cervical radiculitis; c) bilateral occipital neuritis; and d) a serious chest wall contusion. 9. As a further direct and proximate result of the negligence, recklessness and/or carelessness of the Defendant, Tyler J. Wilson, the Plaintiff, Margaret M. Yates, has been and will continue to be obligated to receive and undergo medical attention, care and expenses for the injuries she has suffered; Plaintiff has suffered and will continue to suffer medically determinable physical impairments which prevent her from performing all the normal acts and duties which constitute her usual and customary daily activities; Plaintiff has experienced and will continue to experience severe pain and suffering, mental anguish and humiliation; Plaintiff has suffered and will continue to suffer a loss of life's pleasures; and Plaintiff has sustained and will continue to sustain certain incidental costs and expenses. 4 Prayer for Relief WHEREFORE, Plaintiff, Margaret M. Yates, based on the foregoing allegations, hereby demands that judgment be entered in her favor and against Defendant, Tyler J. Wilson, in an amount in excess of the compulsory arbitration limits. RESPECTFULLY SUBMITTED: - °'Ceslie M. ields, Esquire PA I.D. No. 29411 COSTOPOULOS, FOSTER & FIELDS 831 Market Street/P. O. Box 222 Lemoyne, Pennsylvania 17043 Phone: 717.761.2121 Fax: 717.761.4031 Email: Lfieldsn_,Costonoulos.com Web: www.Costopoulos.com ATTORNEY FOR PLAINTIFF DATED: December - , 2013. 5 VERIFICATION I, Plaintiff, Margaret M. Yates, do hereby verify that the averments of fact made in the foregoing document are true and correct to the best of my personal knowledge and/or information and belief. I understand that false statements made herein are subject to the penalties at 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. B � L Mar -d et M. YateC DATED: November .5 , 2013. J 6 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ,i. Iw of Co firr rri�g Jody S Smith . Chief Deputy DFC 1 7 AM 9: 5c' Richard W Stewart CUMBERLAiiD y ? ; Solicitor PENNSYLVANIA Margaret M Yates Case Number vs. Tyler J Wilson 2013-7206 SHERIFF'S RETURN OF SERVICE 12/06/2013 03:20 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Debra Wilson- Mother, who accepted as"Adult Person in Charge"for Tyler J Wilson at 502 Penn Ayr Road, ampden Township, Camp Hill, PA 17011. I,� irk S. t !V UTSHALL, DEPUTY SHERIFF COST: $45.41 SO ANSWERS, December 11, 2013 RONN/R ANDERSON, SHERIFF IL ED—OF t` I ;4: CI' THE PR O H0Vie,O1 ' Thomas, Thomas & Hafer, LLP Marc A. Moyer, Esquire 21313 DEC 26 PM 2: 211 (717)441-3960 -direct Attorney I.D. No. 76434 mmoyer @tthlaw.com Todd B. Narvol, Esquire CUMBERLAND COUNTY (717) 237-7133 -direct Attorney I.D. No. 42136 PENNSYLVANIA tnarvol @tthlaw.com 305 N. Front Street P.O. Box 999 (717)237-7105 -fax Harrisburg, PA 17108-0999 Attorneys for Defendant, Tyler Wilson • Margaret M. Yates, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA v. : No. 13-7206 Tyler J. Wilson, Defendant : CIVIL ACTION — LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter.the appearance of Marc A. Moyer, Esquire, Todd B. Narvol, Esquire, • and Thomas, Thomas & Hafer, LLP, 305 North Front Street, P.O. Box 999, Harrisburg, Pennsylvania 17108-0999, on behalf of Defendant, Tyler Wilson, in the above-captioned matter. THOMAS, THOMAS & HAFER, LLP Date: J 2./2 �13 By: //Iv//i Marc A. Moyer 'Esquire (I.D. # PA76434) Todd B Nary , Esquire (I.D. # PA42136) 305 North/Front Street, 6th Floor P.O. Boll99 Harrisbtfig, PA 17108 (717) 41-3960 mmoyer @tthlaw.com Attorneys for Defendant, Tyler Wilson CERTIFICATE OF SERVICE I, Nichole Olsakovsky, a legal secretary with the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have, this day, served a true and correct copy of the foregoing Praecipe for Entry of Appearance upon the person and at the address listed below by placing a copy of same in the United States 1st Class Mail, postage prepaid, to the following: Leslie M. Fields, Esquire Costopoulos, Foster & Fields 831 Market Street P.O. Box 222 Lemoyne, PA 17043 (Counsel for Plaintiff) Respectfully submitted, i ,. Date: 12'2 L9"( B � y. r , Nichole Olsakovsky, Legal A,si.tant to Marc A. Moyer, Esquire P.O. Box 999 Harrisburg, PA .17108 Phone: (717) 441-7053 Fax: (717) 237-7105 Z+ � 26 CUMBERL Thomas,Thomas& Hafer, LLP Marc A. Moyer, Esquire (717)441-3960-direct Attorney I.D. No. 76434 mmoyer @tthlaw.com Todd B. Narvol, Esquire (717) 237-7133 -direct Attorney I.D. No. 42136 tnarvol @tthlaw.com 305 N. Front Street P.O. Box 999 (717) 237-7105 -fax Harrisburg, PA 17108-0999 Attorneys for Defendant, Tyler Wilson Margaret M. Yates : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.: 13-7206 Tyler J. Wilson • Defendant. : CIVIL ACTION - LAW PRELIMINARY OBJECTIONS OF DEFENDANT, TYLER J. WILSON, TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, Tyler J. Wilson, by and through his counsel, Thomas, Thomas & Hafer, LLP, and files Preliminary Objections to Plaintiff's Complaint and, in support thereof, aver as follows: I. STATEMENT OF FACTS AND PROCEDURAL HISTORY 1. This is an automobile liability action initiated by Plaintiff, Margaret M. Yates, ("Plaintiff") by the filing of a Complaint against Defendant, Tyler J. Wilson, on December 5, 2013. 2. According to Plaintiff's Complaint, Plaintiff, Margaret M. Yates, was involved in an automobile accident with Defendant, Tyler J. Wilson, on September 20, 2012. See Complaint, ¶3. 1 3. Specifically, Plaintiff alleges that Defendant, Tyler J. Wilson, struck the vehicle in which Plaintiff was a passenger from behind, while Plaintiff's vehicle was stopped at a red light on north-bound Carlisle Pike, Cumberland County, Pennsylvania. See Complaint, ¶4. 4. Plaintiff's Complaint further alleges that the aforementioned accident occurred after the Defendant "swerved left to avoid striking another vehicle that had pulled out" of an adjacent parking lot onto Carlisle Pike, See Complaint ¶5. 5. Through Paragraphs 7, 8, and 9 of the Complaint, Plaintiff alleges that the accident was due, in part, to Defendant's "recklessness." 6. Plaintiff, Margaret M. Yates, alleges that she has suffered various personal injuries as a result of the accident. See Complaint, ¶9. 7. Defendant has filed the Preliminary Objections set forth herein on the ground that Plaintiff's claims of reckless conduct by the Defendant are unsupported by any facts alleged in Plaintiff's Complaint, and on the ground that several of Plaintiff's allegations of negligent with/or careless conduct are impermissibly vague and fail to sufficiently identify the particular conduct forming the basis for Plaintiff's claims. . II. BASIS FOR RELIEF A. Standard of Review 8. A preliminary objection in the nature of demurer should be sustained where the complaint is clearly insufficient to establish a plaintiffs' right to relief. Firing v. Kephart, 466 Pa. 560, 353 A.2d 833 (1976). 9. The touchstone against which preliminary objections are to be evaluated is whether it is clear and free from doubt from all facts plead, that the plaintiff will be 2 unable to prove facts legally sufficient to establish a right to relief. Bower v. Bower, 531 Pa. 54, 611 A.2d 181 (1992). 10. To sustain preliminary objections in the nature of a demurer, it must appear with certainty that, upon the facts averred, the law will not permit recovery by the plaintiff. Pekular v. Eich, 355 Pa. Super. 276, 513 A.2d 427 (1986). B. Plaintiff's Complaint Fails To Aver Any Facts Capable Of Supporting The Assertion That Defendant, Tyler J. Wilson, Engaged In "Reckless" Conduct So As To Justify Such Allegations In The Complaint. 11. Pa.R.Civ.P. 1028(a)(2) permits the filing of Preliminary Objections based upon the inclusion of scandalous or impertinent matter. 12. Through Paragraphs 7, 8, and 9 of her Complaint, Plaintiff asserts that Defendant recklessly operated his motor vehicle. 13. Such language should be stricken from the Complaint because the alleged conduct forming the basis for Plaintiff's assertions fails to rise to the level of culpability required to support such language as a matter of law but, instead, only rises to the level of ordinary negligence. 14. Despite Plaintiff's characterizations that Mr. Wilson, acted recklessly towards the Plaintiff, the Pennsylvania Supreme Court has found: A defendant acts recklessly when "his conduct creates an unreasonable risk of physical harm together [and] such risk is substantially greater than that which is necessary to make his conduct negligent." Phillips v. Cricket Lighters, 584 Pa. 179, 188-189, 883 A.2d 439, 445-46 (2005) (citations omitted). 15. Allegations of recklessness require a showing that the actor knew or had reason to know of facts which created a high degree of risk of physical harm to another, 3 a and that the actor deliberately proceeded to act, or failed to act, in conscious disregard of, or indifference to, that risk. SHV Coal, Inc. v. Continental Grain Co., 526 Pa. 489, 493, 587 A.2d 702, 704 (1991). 16. Moreover, "[An] actor's conduct is in reckless disregard of the safety of another if he does act or intentionally fails to do an act which it is his duty to the other to do, knowing or have reason to know of facts which would lead a reasonable man to realize, not only that his conduct creates an unreasonable risk of physical harm to another, but also that such risk is substantially greater than that which is necessary to make his conduct negligent." United Serves. Auto. Ass'n v. Elitzky, 358 Pa. Super. 362, 376, 517 A.2d 982, 989-90 (1986) (citing Restatement) (Second of Torts, § 500). 17. Similarly, "Reckless indifference to the interests of others", means that "the actor has intentionally done an act of an unreasonable character, in disregard to a risk known to him or so obvious that he must be taken to have been aware of it, and so great as to make it highly probable that harm would follow." McClellan v. HMO, 413 Pa. Super. 128, 144, 604 A.2d 1053, 1061 (1992) (citations omitted). 18. Plaintiff's' Complaint is completely devoid of any facts demonstrating that Defendant, Tyler J. Wilson, knew or had reason to know that his conduct created an unreasonable risk of physical harm to the Plaintiff beyond that ordinarily associated with his operation of the motor vehicle at issue. That is, even assuming Defendant is found to have been traveling at an unspecified "high rate of speed", the Complaint still fails to aver any facts from which the finder of fact can conclude that the risk to the Plaintiff was substantially greater than that which would simply make Defendant's alleged conduct negligent. 4 19. Further, Plaintiff's Complaint fails to aver any facts tending to show Defendant, Tyler J. Wilson, acted deliberately, or failed to act in conscious disregard of a known high risk of harm to the Plaintiff. 20. For these reasons, Defendant, Tyler J. Wilson, respectfully requests that this Honorable Court strike Plaintiff's reference to reckless conduct from Plaintiff's Complaint. C. Plaintiff's Non-Specific Allegations Of Negligence Should Be Stricken From The Complaint For Failing To Sufficiently Apprise Defendant Of The Particular Allegations Against Him. 21. Preliminary objections may be properly based upon "the failure of a pleading to conform to law or rule of court...". Pa. R.Civ.P. 1028(a)(2). One such rule to which a pleading must conform is Pa. R.Civ.P. 1019(a) which requires a plaintiff to plead all material facts upon which a cause of action is based in a concise and summary form. Pa. R.Civ.P. 1019(a). Similarly, preliminary objections may also be based upon the insufficient specificity of a pleading pursuant to Pa.R.Civ.P. 1028(a)(3). 22. To comport with the Pennsylvania Rules of Civil Procedure and Pennsylvania law, a complaint must sufficiently define issues and give notice to a defendant of what the plaintiff intends to prove at trial so that the defendant may, in turn, prepare a defense by meeting such proof with his own evidence. See, Estate of Swift v. Northeastern Hosp. of Phila., 456 Pa. Super. 330, 337, 690 A.2d 719, 723 (1997) (noting that the complaint must summarize the essential facts to support the claim); Sevin v. Kelshaw, 417 Pa. Super. 1, 7, 611 A.2d 1232, 1235 (1992) (noting that Pennsylvania is a fact pleading jurisdiction and thus the complaint must summarize those facts essential to support a claim); Laursen v. General Hosp. of Monroe County, 5 259 Pa. Super. 150, 160, 393 A.2d 761, 766 (1978), rev's on other grounds, 494 Pa. 238, 431 A.2d 237 (1981); Baker v. Rangos, 229 Pa. Super. 333, 350, 324 A.2d 498, 506 (1974). 23. In addition to failing to properly apprise an opposing party of that which he will be called upon to defend against at trial, generalized pleadings can also serve to thwart the statute of limitations by permitting a plaintiff to assert new causes of action or legal theories at any junction in the litigation process. See, e.g., Connor v. Allegheny Gen. Hosp., 501 Pa. 306, 461 A.2d 600 (1983). 24. Thus, non-specific boiler plate pleadings present a very real risk of harm to a defendant in the nature of surprise and the attendant inability to adequately prepare a defense. • 25. In Connor v. Allegheny General Hospital, 501 Pa: 306, 461 A.2d 600 (1983), for example, the trial court denied appellants' motion to amend their complaint by adding a specific averment of negligence not previously set forth in their original complaint. The trial court thereafter granted appellee's motion for summary judgment on the ground that appellants were unable to offer expert testimony to prove the allegations of negligence in their original complaint. The Pennsylvania Superior Court affirmed the trial court's decision by holding that the proposed amendment was barred by the statute of limitations because it sought to add new allegations of negligence by proceeding on a different theory of liability. 26. On appeal, the Pennsylvania Supreme Court reversed both the Superior Court and the trial court by finding that the proposed amendment did not advance a new cause of action but, instead, merely amplified the non-specific and vague allegation of 6 negligence in the original complaint asserting that the defendant was negligent "[ijn otherwise failing to use due care and caution under the circumstances." Conner at 311, n.3, 461 A.2d at 602, n.3. 27. The court further found that the appellee essentially waived any claim of prejudice regarding appellants' late "amplification" of the original complaint by virtue of its failure to preliminarily object to the original averment of negligence being amplified. 28. Specifically, the court opined: If appellee did not know how it `otherwise fail[ed] to use due care and caution under the circumstances,' it could have filed a preliminary objection in the nature of a request for a more specific pleading or it could have moved to strike that portion of appellants' complaint (citations omitted). In this case, however, appellee apparently understood this allegation ... well enough to simply deny it in its answer. Thus, appellee cannot now claim that it was prejudiced by the late amplification of this allegation.... Id. 29. While pleadings do not need to strictly adhere to formalistic goals, Pennsylvania law continues to require that a plaintiff fully apprise a defendant of the full nature and extent of her claims. For that reason, the courts of this Commonwealth have routinely sustained preliminary objections striking allegations from a plaintiffs' complaint when addressing broad-brushed, non-specific averments like those set forth in Plaintiffs' Complaint. See, e.g., Cicero v. Cominski, 25 Pa. D. & C.4th 422 (C. P. Luzerne 1995) (quoting Laursen v. General Hospital of Monroe County, 393 A.2d 761 (Pa. Super. 1978). 30. Thus, Pennsylvania law is clear that whenever a defendant is faced with non-specific allegations of negligence, the defendant must preliminarily object to the 7 allegations or risk the plaintiffs later introducing new theories of liability "amplifying" the nonspecific averments set forth in the original complaint. 31. In this case, Plaintiff alleges that Defendant, Tyler J. Wilson, "failed to see what he should have seen" without identifying what "he should have seen" in Paragraph 7(k) of the Complaint. 32. Plaintiff also alleges that Defendant "acted without due regard for the safety and rights of other motorists and passengers, including the Plaintiff" in Paragraph 7 (m) of the Complaint. 33. On their face, each of the averments fails to sufficiently apprise Defendant of the particular conduct forming the basis for Plaintiff's claims. 34. Despite the assertion set forth in Paragraph 7(k), for example, the Complaint fails to identify what Mr. Wilson allegedly failed to see or how such a failure allegedly failed to cause the accident. 35. Similarly, Plaintiff's allegations in Paragraph 7(m) that Mr. Wilson generally failed to have due regard for Plaintiff's rights and safety, fails to allege any specific conduct by Defendant forming the basis for Plaintiff's claims or how such alleged disregard caused the accident. 36. If permitted to remain in the Complaint, such averments would impermissibly permit Plaintiff to shoehorn into this case unspecified theories of liability and/or particular conduct by the Defendant not currently identified in her Complaint which, in turn, would improperly force Mr. Wilson, to speculate as to the particular actions and/or conduct forming the basis for Plaintiff's claims. 8 • 37. Indeed, such averments could, on their face, support virtually any alleged act or omission and/or multiple theories of liability against Mr. Wilson pertaining in anyway to the operation of his automobile at the time of the accident. 38. Moreover, Plaintiff's failure to specifically identify the factual basis for her claims in Paragraphs 7(k) and 7(m) would deny Defendant the ability to adequately prepare an Answer to the Complaint which, in turn, could jeopardize his defense pursuant to Pa.R.Civ.P. 1029. 39. Accordingly, forcing Mr. Taylor to Answer the allegations in their current form would be tantamount to improperly requiring him to admit to the broad-brushed allegations despite their vagueness. 40. Striking Plaintiff's allegations as set forth above is in accord with a host of cases in Pennsylvania in which the courts have stricken vague allegations of negligence similar to those presented in Plaintiffs' Complaint. See, Bergernon v. Washinski, 70 Luz. Leg. Reg. Rep. 173, 174 (1989) (motion to strike non-specific and overly broad allegations in complaint sustained); Miller v. Greene County Memorial Hospital, 6 Greene R. 1,2 (1988) (striking allegation of failure "to use the degree of skill and care...required in institutions of like kind" and "to properly monitor and control the care and treatment... of plaintiff"); Smale v. Hampton, 70 Lanc. L. Rev. 464, 469 (1987) (striking "failure to provide the proper course and treatment," "failure to exercise requisite care and skill which should have been exercised under the circumstances..." and "failure to use the degree of care...ordinarily possessed and exercised by the physicians in the same circumstances") Staron v. Grayboyes, 17 Lyc. Rptr. 114, 115 (1987) (striking allegations which do not identify what "appropriate current literature" 9 was not consulted and what "appropriate treatment protocol" was not followed); Packral v. Park, 47 Fay Leg. J. 68, 69 (1984) (allegation that defendant "failed to adequately care for plaintiff" and "failed to adequately assess and carefully monitor plaintiff" and did not "adequately control the disease process" all held insufficiently specific); Montesdeoca v. Miller, No. 89-01038, Slip Opinion, pp. 2-3 (Pa. C.C.P. Lycoming County, December 22, 1989) (striking as insufficiently specific allegations that defendants "failed to exercise reasonable skill and care in the diagnosis and treatment... of plaintiff," "failed to properly manage...the medical condition of plaintiff" and "failed to take reasonable steps to preserve and ensure the life of the decedent"): Starr v. Myers, 109 Dauph. Co. R. 147, 148 (1988) (striking allegations that defendant failed to "properly treat plaintiffs condition," failed to "properly diagnose plaintiff's condition" and "improperly treated plaintiff's condition"); Ort v. Madisetty, No. 92-109, Slip Opinion, pg. 2 (Pa. C.C.P. Monroe County, February 4, 1993) (striking as overly broad allegations that physician was negligent in failing "to use the same degree of care as a reasonable physician," failing "to possess the special skills, knowledge, and training required: and "demonstrated lack of proper skills and care in treating plaintiff"); Farmer v. Rhoads, 43 Pa. D. & C.3d 393, 395 (C.P. Chester 1986) (striking "such acts or omissions, constituting...negligence...as may be ascertained by discovery procedures..."); Gligor v. Sharon General Hospital, 25 Mer. Co. Leg. J. 106 (Mercer Co. 1989) (holding as inadequate specific allegations of "failing to exercise the reasonable skill and diligence required to diagnose and/or treat the plaintiff's...signs and symptoms...and/or (to) seek consultation and assistance from more knowledgeable practitioners"). George v. Ayoub, 70 West L.J. 87, 88, 50 Pa.D.&C.3d 322, 324 (1988) 10 (sustaining objection to failing to "act as a reasonable prudent hospital"); Nelle v. Hershey Medical Center, 11 Pa. D. & C.4th 307, 309 (C.P. Dauphin 1991) (allegation against hospital for "failing to exercise professional competence and use standards consistent with standards in the medical community" held to be inadequate); Herr v. Milton S. Hershey Medical Center, 23 Leb. Co. Leg. J. 5 (1985) (striking allegations of "failure to properly supervise the medical staff," "negligent supervision of all...personnel", "failure to observe the standards of skill and care exercised...under the circumstances" and "failure to properly supervise compliance with bylaws"); Lichty v. Kucharczuk, 5 Pa. D. & C.4th 120, 125 (C.P. Northampton 1989) (striking "failure to provide properly and prompt...care and treatment" and "failing to adhere to the standard of practice"); Bobick v.Go, 51 Som. Leg. J. 49, 52 (1990) (striking "failing to properly and adequately observe, interpret and respond to the signs, symptoms and test results of the plaintiff'); Davis v. Park, 45 Som. Leg. J. 1 (1985) (striking the phrase "failing to give proper...care" as inadequately specific); Levine v. Greene Co. Memorial Hospital, 7 Greene R. (No. 4) (Pa. C.C.P. Greene Co. 1988) (striking "failing to follow...bylaws"). 11 WHEREFORE, Defendant, Tyler J. Wilson, respectfully requests that this Honorable Court strike Paragraphs 7(k) and 7(m) from Plaintiffs Complaint for failing to adequately set forth the particular acts and/or omissions allegedly forming the basis for Plaintiffs cause of action. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: u 2 G/Ze. 13 By: /1 /4/ Ma�,c A. Moyer, Esquire (I.D. # PA76434) 1/dd B Narvol, Esquire (I.D. # PA42136) /305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108 (717) 441-3960 mmoyer @tthlaw.com Attorneys for Tyler J. Wilson 12 • 4 p- WNW r; MARGARET M. YATES, c� '= IN THE COURT OF COMMON PLEASL Plaintiff : CUMBERLAND COUNTY, P NNS\$_"01 *1AJ No. J 3,- a t J s TYLER J. WILSON, : ACTION—LAW Defendant : JURY TRIAL DEMANDED ''G NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint 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 32 South Bedford Street Carlisle, PA 17103 Phone: (717) 249-3166 or(800) 990-9108 c) siD .--61)ci C1167 oom-k ei-kf ()Hu MARGARET M. YATES, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : No. TYLER J. WILSON, : CIVIL ACTION—LAW Defendant : JURY TRIAL DEMANDED PLAINTIFF'S COMPLAINT AND NOW comes the Plaintiff, Margaret M. Yates, by and through her attorneys, Costopoulos, Foster & Fields, and respectfully represents as follows in support of this Complaint: Parties 1. Plaintiff, Margaret M. Yates, is an adult individual residing at 17 Randi Road, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant, Tyler J. Wilson, is an adult individual residing at 502 Penn Ayr Road, Camp Hill, Cumberland County, Pennsylvania 17011. Material Allegations of Fact 3. The events giving rise to this cause of action occurred at approximately 2:23 p.m. on or about September 20, 2012 at the intersection of the Carlisle Pike (State Route 11) and the Conodoguinet Parkway (State Route 114) in Silver Spring Township, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Plaintiff, Margaret M. Yates; was a passenger -1- in a 2011 Ford senior citizens van operated by H. L. Kemper and owned by East Pennsboro Township which was stopped at the red light in the outer turn lane of northbound Carlisle Pike waiting to turn left onto westbound Conodoguinet Parkway. 5. At the aforesaid time and place, Defendant, Tyler J. Wilson, was operating a 1999 Ford Mustang automobile and traveling at a high rate of speed proceeding northbound on the Carlisle Pike in the left lane approaching the aforesaid intersection when he swerved left to avoid striking another vehicle that had pulled out of the parking lot of the Kentucky Fried Chicken (6557 Carlisle Pike), rear-ending the Ford van in which Plaintiff, Margaret M. Yates, was a passenger, and forcing the van into the 2000 Chevrolet box truck operated by Mark Kresge which was stopped ahead at the light, thereby causing the injuries and damages giving rise to this cause of action. Plaintiff v. Defendant—Negligence 6. The averments set forth in paragraphs 1 through 5 above are incorporated herein by reference as if set forth in full. 7. At the aforesaid time and place, the collision, injuries and damages resulting therefrom to the Plaintiff, Margaret M. Yates, were caused by the negligence, recklessness and/or carelessness of Defendant, Tyler J. Wilson, in that he: a) failed to operate his vehicle at a safe speed; h) drove his vehicle at a speed greater than was reasonable and prudent under the conditions and having due regard to the actual and 2 potential hazards then existing; c) drove his vehicle at a speed greater than permitted him to bring his vehicle to a stop within the assured clear distance ahead; d) violated Section 3361 of the Pennsylvania Motor Vehicle Code on "Driving vehicle at safe speed," 75 Pa.C.S. § 3361, and thus is negligent per se; e) operated his vehicle in careless disregard of the safety of persons and property, including the Plaintiff, Margaret M. Yates; f) failed to bring his vehicle to a stop before hitting the Plaintiff's vehicle which was lawfully stopped at a red light; g) rear-ended the Plaintiff's vehicle; h) failed to maintain his vehicle under proper and lawful control; i) failed to keep a proper lookout; j) failed to pay sufficient attention to the roadway and vehicles; k) failed to see what he should have seen; 1) failed to notice the imminence of an accident and take the necessary steps to avoid it; and m) acted without due regard for the safety and rights of other motorists and passengers, including the Plaintiff. 8. As a direct and proximate result of the negligence, recklessness.and/or 3 carelessness of the Defendant, Tyler J. Wilson, the Plaintiff, Margaret M. Yates, has suffered injuries which were and are severe, painful, serious and permanent. These injuries include but are not limited to: a) severe cervical strain and sprain; b) cervical radiculitis; c) bilateral occipital neuritis; and d) a serious chest wall contusion. 9. As a further direct and proximate result of the negligence, recklessness and/or carelessness of the Defendant, Tyler J. Wilson,the Plaintiff, Margaret M. Yates, has been and will continue to be obligated to receive and undergo medical attention, care and expenses for the injuries she has suffered; Plaintiff has suffered and will continue to suffer medically determinable physical impairments which prevent her from performing all the normal acts and duties which constitute her usual and customary daily activities; Plaintiff has experienced and will continue to experience severe pain and suffering, mental anguish and humiliation; Plaintiff has suffered and will continue to suffer a loss of life's pleasures; and Plaintiff has sustained and will continue to sustain certain incidental costs and expenses. 4 , a Prayer for Relief WHEREFORE, Plaintiff, Margaret M. Yates, based on the foregoing allegations, hereby demands that judgment be entered in her favor and against Defendant, Tyler J. Wilson, in an amount in excess of the compulsory arbitration limits. RESPECTFULLY SUBMITTED: / f�> ''Leslie M. Fields, Esquire PA I.D. No. 29411 COSTOPOULOS, FOSTER& FIELDS 831 Market Street/P. O. Box 222 Lemoyne, Pennsylvania 17043 Phone: 717.761.2121 Fax: 717.761.4031 Email: Lfields @Costopoulos.com Web: www.Costopoulos.com ATTORNEY FOR PLAINTIFF DATED: December I , 2013. 5 VERIFICATION I, Plaintiff, Margaret M. Yates, do hereby verify that the averments of fact made in the foregoing document are true and correct to the best of my personal knowledge and/or information and belief. I understand that false statements made herein are subject to the penalties at 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. By: /wi,cz; -c `, Zap Maria'ret M. Yate 7 DATED: November c , 2013. 6 Now CERTIFICATE OF SERVICE I, Nichole Olsakovsky, a legal secretary with the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have, this day, served a true and correct copy of the foregoing PRELIMINARY OBJECTIONS OF DEFENDANT, TYLER J. WILSON, TO PLAINTIFF'S COMPLAINT upon the person and at the address listed below by placing a copy of same in the United States 1st Class Mail, postage prepaid, to the following: Leslie M. Fields, Esquire Costopoulos, Foster & Fields 831 Market Street, P.O. Box 222 Lemoyne, Pennsylvania, 17043 THOMAS, THOMAS & HAFER, LLP Date: (ZTLL93 BYzkAPitLA I / Nichole Olsakovsky, Legal Assistant to Marc A. oyer, squire P.O. Box 999 Harrisburg, PA 17108 (717) 441-7053 1420238.1 Fit U' THE�r p r ,'�1 'C 2 OTiiRw 0jy� A3 11 PEITIRIA'yt SY; 0 C(UN MARGARET M. YATES : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.: 13-7206 TYLER J. WILSON • Defendant : CIVIL ACTION - LAW CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party on or about January 24, 2014, to serve subpoenas upon the following: a. EMC Insurance Companies; b. Erie Insurance; c. Silver Spring Township Police Department; and, d. Silver Spring Ambulance. 2. A true and correct file copy of the Notice of Intent, including a copy of the proposed subpoenas, is attached to this Certificate. 3. The twenty (20) day notice period for filing and serving objections has been waived by counsel as evidenced by the attached correspondence. 4. The subpoenas which will be served are identical to the subpoenas attached to the Notice of Intent. Respectfully submitted, THOMAS, THOMAS & HAFER,LLP by: c4tait((A rflAik( arc A. Moyer, Esquire Attorney I.D. No.: 76434 Todd B. Narvol, Esquire Attorney I.D.No.: 42136 305 North Front Street, 6th Floor Post Office Box 999 Harrisburg, PA 17108 717-441-3960 mmoyer @tthlaw.com Attorneys for Defendant Margaret M.Yates : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA v. : NO.: 13-7206 Tyler J.Wilson Defendant : CIVIL ACTION -LAW NOTICE OF INTENT TO ISSUE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Counsel Defendant intends to issue subpoenas to the following entities: > EMS Insurance Companies; > Erie Insurance; Silver Spring Township Police Department; and, > Silver Spring Ambulance. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas will be served. Respectfully submitted, THOMAS,THOMAS & HAFER, LLP Date: anuat 24 2014 � �` �'` �� J y MARC A. MOYER,ES IRE Margaret M.Yates : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.: 13-7206 Tyler" Wilson Defendant : CIVIL ACTION -LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Silver Spring Ambulance, 12 Eleanor Drive,New Kingstown, PA 17072 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of the entire medical chart/file regarding Margaret M. Yates (DOB 4/9/1935) including but .not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda,' hospital records/reports, physical therapy records/reports, radiological reports and films (i.e., x-rays, MRIs, CT scans, etc.), prescriptions, telephone call messages, correspondence, psychological and/or psychiatric records, reports/correspondence/notes, etc. to include any EMS transport on 9/20/12. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999,Harrisburg,PA 17108-0999 TELEPHONE: (717) 441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy Margaret M.Yates : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA v. : NO.: 13-7206 • Tyler J. Wilson Defendant : CIVIL ACTION -LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Erie Insurance, 4901 Louse Drive, Mechanicsburg, PA 17055 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all claims file materials, including but not limited to subrogation documents, first party benefits, medical records, log notes, claims information, payout information, and all other documents without limitation, with respect to the following claims: DOL 9/20/12; Policy No. 010-17-40007; Insured Cumberland Water Conditioning. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Mover, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy Margaret M.Yates : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA v. : NO.: 13-7206 • A Tyler J. Wilson Defendant : CIVIL ACTION -LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: EMC Insurance Companies,P.O. Box 712,De Moines, IA 50306-0712 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all claims file materials, including but not limited to subrogation documents, first party benefits, medical records, log notes, claims information, payout information, and all other documents without limitation, with respect to the following claims: DOL 9/20/12; Claim No.XA28-200909946; Insured East Pennsboro Township. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer,Esquire ADDRESS: P.O. Box 999, Harrisburg,PA 17108-0999 TELEPHONE: (717) 441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy Margaret M.Yates : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA v. : NO.: 13-7206 • Tyler J. Wilson Defendant : CIVIL ACTION -LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Silver Spring Township Police Department, 6475 Carlisle Pike, Mech., PA 17050 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copy of any and all records, reports, supplemental reports photographs, reconstruction reports, MCSAP reports, diagrams, maps, total station diagram, printed output from the total station data collector, photographs, videotapes and all other documents regarding Incident No. SIL-2012-09-00655; DOL 9/20/12. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999,Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Notice of Intent to Issue Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the a` ay of ✓/ jU vani ,2014, on all counsel of record as follows: C Leslie M. Fields, Esquire Costopoulos, Foster & Fields 831 Market Street Lemoyne,PA 17043 Attorney for Plainti THOMAS,THOMAS & HAFER, LLP ni-V\D Renee K. Coonradt, Paralegal for Marc A.Moyer, Esquire 1437761.1 2 Street Address: THOMAS,.THOMAS & I AFE 305 North Front Street,Harrisburg, PA 1710.1 Mailing Address: Attorneys Ar Law P.O.Box 999,Harrisburg,PA 17108 Phone: 717.237.7100 Fax: 717.237.7105 Renee K. Coonradt,Paralegal (717)441-7063 rcnonradt @tthilaw.com January 24,2014 Leslie M. Fields,Esquire - Costopoulos, Foster& Fields 831 Market Street Lemoyne,PA 17043-0222 Re: Yates v.Wilson TTI-I File No. 644-32374 • Dear Attorney Fields: • This office wishes to issue subpoenas to the following entities: > EMS Insurance Companies; > Erie Insurance; • > Silver Spring Township Police Department;and, > Silver Spring Ambulance. Pursuant to Pennsylvania Rules of Civil Procedure,Rule 4099.22 the issuance of a Notice of Intent to Serve Subpoenas may be waived if all parties agree. It would be most appreciated if you would sign the bottom of this letter, date it and return it to me indicating your agreement to waive the twenty day notice. I have enclosed a Notice of Intent for your file. I will gladly provide you with a copy of all documents received. If you have any questions, please do not hesitate to contact this office. • Very truly yours, Thomas,Thomas & Hafer, LLP tt Renee K. Coonradt,Paralegal for Marc A.Moyer, Esquire /tkc: 1437753:1 Enclosures Harrisburg Bethlehem Pittsburgh Philadelphia Wilkes-Barre Baltimore, MD Clinton, NJ www.tthlaw.com • 2 • I - - I,Leslie M. Fields, Esquire, counsel for Plaintiff, do hereby agree to waive the twenty(20) day - notice of intent rule allowing counsel for Defendant to issue subpoenas to the following entities: ➢. EMS Insurance Companies; ➢ Erie Insurance; ➢ Silver Spring Township Police Department;and, ➢ Silver Spring Ambulance. Date eslie M. elds, Esquire • • • • • t . Smart. Resourceful. Coonradt, Renee K. From: Coonradt, Renee K. Sent: Monday,January 27,2014 11:23 AM To: 'Jayme M. King' Subject: RE:Attached Image Thank you, Renee K. Coonradt, Litigation Paralegal Thomas Thomas& Hafer PO Box 999 Harrisburg, PA 17108 Phone: 717-441-7063 Fax: 717-237-7105 rcoonradt@tthlaw.com tthlaw.com Original Message From:Jayme M. King [mailto:iking@costopoulos.com] Sent: Monday,January 27, 2014 11:09 AM To:Coonradt, Renee K. Subject: Fw:Attached Image Dear Renee: Attached please find Attorney Leslie M. Fields' signed 20 day waiver of the subpoenas of the following entities: EMS Insurance Companies; Erie Insurance;Silver Sprign Township Police Department; Silver Spring Ambulance. Thank you. Jayme Jayme M. King COSTOPOULOS, FOSTER& FIELDS 831 Market Street Lemoyne, PA 17043 Office: 717-761-2121 Fax: 717-761-4031 Email: jking@costopoulos.com Website: http://www.costopoulos.com Original Message From: <gmatangos@costopoulos.com> To: "JAYME KING" <jking@costopoulos.com> Sent: Monday,January 27, 2014 11:11 AM Subject: Attached Image. 1 r CERTIFICATE OF SERVICE AND NOW, this 3,514) day of J' , 2014, I, Renee K. Coonradt, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Leslie M. Fields, Esquire Costopoulos, Foster& Fields 831 Market Street Lemoyne, PA 17043 Attorney for Plaintiff THOMAS, THOMAS & HAFER, LLP RENEE K. COONRADT, PARALEGAL 1441445.1 fs4.. +w 1 t,r J sG .I Sr �.� L, 1- Irk" i`t CU; PEk�S YLV N1,4 T zr' Thomas, Thomas&Hafer, LLP Marc A. Moyer, Esquire (717)441-3960-direct Attorney I.D. No. 76434 mmoyer @tthlaw.com Todd B. Narvol, Esquire (717)237-7133-direct Attorney I.D. No. 42136 tnarvol @tthlaw.com 305 N. Front Street P.O. Box 999 (717)237-7105-fax Harrisburg, PA 17108-0999 Atforneysfor afendanf�lerJ. Wilson Margaret M. Yates, IN THE COURT OF COMMON PLEAS Plaintiff ; CUMBERLAND COUNTY, PENNSYLVANIA V. NO.: 13-7206 , Tyler J. Wilson, Defendant : CIVIL ACTION - LAW STIPULATION BETWEEN PLAINTIFF, MARGARET M. YATES, AND DEFENDANT, TYLER J. WILSON, TO STRIKE AVERMENTS OF RECKLESSNESS FROM PLAINTIFF'S COMPLAINT It is hereby stipulated by the undersigned counsel of record that Plaintiff's allegations of recklessness shall be stricken from Plaintiff's Complaint. COSTOPOUL OSTER & FIELDS THOMAS, THOMAS & HAFER, LLP Leslie . Fields, Esquire Marc,A.Y' anvol,er, Esquire Attor y I.D. No. 29411 AttorneNo. 76434 831 Market Street Todd B. Esquire P.O. Box 222 Attorfox�y I.D. No. 42136 Lemoyne, PA 17043 305 rth Front Street (717) 761-2121 P.O. 999 Attorney for Plaintiff, Harrisburg, PA. 17108-0999 Margaret M. Yates (717) 441-3960 Attorneys for Defendant, Tyler J. Wilson 1437422.1 F} ;: � cif=r �Rto T N0tdU f�} 4 FEB Thomas, Thomas & Hafer, LLP 2 ; Marc A. Moyer, Esquire �' (717)441-3960 - direct y q UUI BERLAND COUNTY mmoyer @tthlaw.com Attorney I.D. No. 76434 PENNSYLVANIA 717 237-7133 -direct Todd B. Narvol, Esquire ( ) Attorney I.D. No..42136 tnarvol @tthlaw.com 305 N. Front Street P.O. Box 999 (717) 237-7105-fax Harrisburq, PA 17108-0999 Attorneys for Defendant, Tyler J. Wilson Margaret M. Yates, LN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO.: 13-7206 Tyler J. Wilson, Defendant CIVIL ACTION - LAW PRAECIPE TO WITHDRAW PRELIMINARY OBJECTIONS OF DEFENDANT, TYLER J. WILSON, TO PLAINTIFF'S COMPLAINT TO THE PROTHONOTARY: Kindly withdraw the Preliminary Objections of Defendant, Tyler J. Wilson, to Plaintiff's.Complaint, filed on December 26, 2013, in the above-captioned. matter. THOMAS, THOMAS & HAFER, LLP Date: �/� By: "zz-/ Marc A. oyer, Esquire (I.D. # PA76434) Todd arvol, Esquire (I.D. # PA42136) 305 rth Front Street, 6th Floor P.O ox 999 Ha isburg, PA 17108 (717)441-3960 mmoyer @tthlaw.com Attorneys for Tyler J. Wilson CERTIFICATE OF SERVICE I, Nichole Olsakovsky, a legal secretary with the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have, this day, served a true and correct copy of the foregoing Praecipe to Withdraw Preliminary Objections of Defendant, Tyler J. Wilson, to Plaintiff's Complaint upon the person and at the address listed- below by placing a copy of same in the United States 1St Class Mail, postage prepaid, to the following: Leslie M. Fields, Esquire Costopoulos, Foster & Fields 831 Market Street P.O. Box 222 Lemoyne, PA 17043 THOMAS,.THOMAS & HAFER, LLP Date: ~ I V — BY: Nichole Olsakovsky, Legal Secretary to Marc A. Moyi r, Esquire P.O.,Box 999 Harrisburg, PA 17108 (717) 255-7602 1447136.1 • i C, HE PROTHONOTARY Z 1LIPEB 20 PH 1. 2 4 Thomas,Thomas & Hafer, LLP Marc A. Moyer, Esquire CUMBERLAND COUNTY (717)441-3960-direct Attorney I.D. No. 76434 PENNSYLVANIA 7m7 yer @t33a direct Todd B. Narvol, Esquire (717) Attorney I.D. No. 42136 tnarvol @tthlaw.com 305 N. Front Street P.O. Box 999 (717)237-7105 -fax Harrisburg, PA 17108-0999 Attorneys for Defendant, Tyler J. Wilson Margaret M. Yates, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.: 13-7206 • Tyler J. Wilson, Defendant : CIVIL ACTION - LAW NOTICE TO PLEAD To: Leslie M. Fields, Esquire Costopoulos, Foster & Fields 831 Market Street, P.O. Box 222 Lemoyne, Pennsylvania, 17043 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days of service hereof or a judgment of non pros may be entered against you. THOMAS, T OMAS & HAFER, LLP � 5 Q � Date: / /L t By: If rc A. Moyer 'squire (I.D. # PA76434) Todd B Narve,, Esquire (I.D. # PA42136) 305 North /tont Street, 6th Floor P.O. Box '99 Harrisburg, PA 17108 (717) 441-3960 mmoyer @tthlaw.com Attorneys for Tyler J. Wilson Thomas,Thomas& Hafer, LLP Marc A. Moyer, Esquire (717)441-3960-direct Attorney I.D. No. 76434 mmoyer @tthlaw.com Todd B. Narvol, Esquire (717)237-7133 -direct Attorney I.D. No. 42136 tnarvol @tthlaw.com 305 N. Front Street P.O. Box 999 (717)237-7105-fax Harrisburg, PA 17108-0999 Attorneys for Defendant, Tyler J. Wilson Margaret M. Yates, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.: 13-7206 • Tyler J. Wilson, Defendant : CIVIL ACTION - LAW ANSWER OF DEFENDANT, TYLER J. WILSON, TO PLAINTIFF'S COMPLAINT, TOGETHER WITH NEW MATTER AND NOW, comes Defendant, Tyler J. Wilson, by and through his attorneys, Thomas, Thomas & Hafer, LLP, and respectfully submits his Answer to Plaintiff's Complaint Together with New Matter and, in support thereof, avers as follows: Parties 1. After reasonable investigation, Defendant, Tyler J. Wilson, lacks sufficient knowledge or information to form a belief as to the truth of the averments set forth in Paragraph 1 of Plaintiffs Complaint. The averments are, therefore, denied and proof thereof is demanded at time of trial. 2. Admitted. Material Allegations of Fact 3. Admitted. 4. After reasonable investigation, Defendant, Tyler J. Wilson, lacks sufficient knowledge or information to form a belief as to the truth of the averments set forth in 2 AMMEMENI Paragraph 4 of Plaintiffs Complaint. The averments are, therefore, denied and proof thereof is demanded at time of trial. 5. Denied as stated. It is admitted that at the time and place of the aforesaid accident, Defendant, Tyler J. Wilson, was operating a 1999 Ford Mustang on the Carlisle Pike approaching its intersection with the Conodoguinet Parkway. By way of further Answer, it is admitted that a sport utility vehicle pulled out of the parking lot of a Kentucky Fried Chicken at 6557 Carlisle Pike, into Mr. Wilson's lane of travel, and that the collision occurred as Mr. Wilson attempted to avoid a collision with the sport utility vehicle, which had pulled out in front of him. The remaining averments set forth in Paragraph 5 of Plaintiffs Complaint are denied, and proof thereof is demanded at time of trial. Plaintiff v. Defendant - Negligence 6. Defendant, Tyler J. ' Wilson, hereby incorporates his Answers to Paragraphs 1 through 5 of Plaintiff's Complaint by reference as if more fully set forth at length herein. 7. The averments set forth in Paragraph 7 of Plaintiff's Complaint are conclusions of law to which no response is required. By way of further Answer, Plaintiff's averments of recklessness have been stricken pursuant to Stipulation. To the extent the averments are deemed to be factual in nature: a) It is denied that Defendant, Tyler J. Wilson, negligently or carelessly failed to operate his vehicle at a safe speed. b) It is denied that Defendant, Tyler J. Wilson, negligently or carelessly drove his vehicle at a speed greater than was reasonable and prudent under 3 the conditions or that he failed to have due regard to the actual and potential hazards then existing. c) It is denied that Defendant, Tyler J. Wilson, negligently or carelessly drove his vehicle at a speed greater than that which permitted him to bring his vehicle to a stop within the assured clear distance ahead. d) It is denied that Defendant, Tyler J. Wilson, negligently or carelessly violated 75 Pa. C.S.A. § 3361 of the Pennsylvania Motor Vehicle Code or that he is negligent per se. e) It is denied that Defendant, Tyler J. Wilson, negligently or carelessly operated his vehicle in careless disregard for the safety of persons and property, including the Plaintiff, Margaret M. Yates. f) It is denied that Defendant, Tyler J. Wilson, negligently or carelessly failed to bring his vehicle to a stop before hitting the Plaintiff's vehicle. g) It is denied that Defendant, Tyler J. Wilson, negligently or carelessly rear-ended the Plaintiff's vehicle. h) It is denied that Defendant, Tyler J. Wilson, negligently or carelessly failed to maintain his vehicle under proper and lawful control. i) It is denied that Defendant, Tyler J. Wilson, negligently or carelessly failed to keep a proper lookout. j) It is denied that Defendant, Tyler J. Wilson, negligently or carelessly failed to pay sufficient attention to the roadway and vehicles. k) It is denied that Defendant, Tyler J. Wilson, negligently or carelessly failed to see what he should have seen. 4 I) It is denied that Defendant, Tyler J. Wilson, negligently or carelessly failed to notice the imminence of an accident or to take the necessary steps to avoid an accident. m) It is denied that Defendant, Tyler J. Wilson, negligently or carelessly acted without due regard for the safety and rights of other motorists and passengers, including the Plaintiff. 8. The averments set forth in Paragraph 8 of Plaintiff's Complaint are conclusions of law to which no response is required. By way of further Answer, Plaintiff's averments of recklessness have been stricken pursuant to Stipulation. To the extent the averments are deemed to be factual in nature, Mr. Wilson lacks sufficient knowledge or information to form a belief as to the injuries, if any, allegedly experienced by the Plaintiff so as to properly respond. The averments are, therefore, denied and proof thereof is demanded at time of trial. 9. The averments set forth in Paragraph 9 of Plaintiff's Complaint are conclusions of law to which no response is required. By way of further Answer, Plaintiff's averments of recklessness have been stricken pursuant to Stipulation. To the extent the averments are deemed to be factual in nature, Defendant, Tyler J. Wilson, lacks sufficient knowledge or information to form a belief as to the injuries, if any, Plaintiff allegedly experienced, the medical care and attention she allegedly received, or the purported effects of the accident alleged so as to properly respond. The averments are, therefore, denied and proof thereof is demanded at time of trial. 5 WHEREFORE, Defendant, Tyler J. Wilson, demands judgement in his favor and against the Plaintiff, together with such other relief as this Honorable Court may deemed just and equitable. NEW MATTER 10. Defendant, Tyler J. Wilson, hereby incorporates his Answers to Paragraphs 1 through 9 of Plaintiff's Complaint by reference as if fully set forth at length herein. 11. Plaintiff's Complaint fails to state a cause of action upon which relief can be granted under Pennsylvania law. 12. Plaintiff's claims are barred/reduced by UIM/UM set-off, and Defendant, Tyler J. Wilson, asserts a credit for UIM/UM benefits. 13. Discovery may show that each of Plaintiff's claims are barred and/or limited by the Pennsylvania Comparative Negligence Act. 14. Discovery may show that each of Plaintiff's claims are barred by the assumption of risk. 15. Discovery may show that the contributory negligence of the Plaintiff was the sole and proximate cause of Plaintiff's injuries. 16. Each of Plaintiff's causes of action, the existence of which is denied, may be barred by the applicable statutes of limitations under Pennsylvania law. 17. Discovery may show that Plaintiff's claims may be barred by the Doctrines of Estoppel, Waiver and/or Laches. 18. Discovery may show that the claimed injuries and/or damages of the Plaintiff, the existence of which are denied, were caused in whole or in part by acts or 6 omissions of another or others for whom Defendant, Tyler J. Wilson, was not responsible and whose conduct Defendant, Tyler J. Wilson, had no reason to anticipate. 19. Defendant, Tyler J. Wilson, is not responsible for the actions of any other parties whose conduct may have caused or contributed to the injuries complained of in Plaintiff's Complaint. 20. Discovery may show that the alleged actions and omissions of Defendant, Tyler J. Wilson, were not a substantial factor, or were an insignificant factor, or were not a legal factor in causing or contributing to each of Plaintiff's alleged injuries and damages, if any. 21. Discovery may show that Plaintiff's alleged injuries and damages, if any, were not caused or aggravated by the acts or omissions of Defendant, Tyler J. Wilson, but, rather, were pre-existing, or caused by something other than the collision on or about September 20, 2012. 22. As discovery may show, Plaintiff's recovery may be barred or limited by the affirmative defenses of waiver, release, immunity, set-off, settlement, accord and satisfaction, arbitration and award, collateral estoppel and/or equitable estoppel. 23. Discovery may show recovery for Plaintiff's alleged injuries and damages, if any, are barred or limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility law, 75 Pa. C.S. § 1701, et. seq., including, but not limited to, the sections relating to the limited tort provision, the provision that bars recovery of medical expenses and wage loss benefits paid or payable by insurance, and/or the provisions that reduce the recoverable amount of damages. 7 24. The occurrence of the accident was the result of a sudden and unexpected emergency experienced by Tyler J. Wilson, and, therefore, Plaintiff's cause of action is barred by and/or limited by the sudden emergency doctrine. 25. Discovery may show that the accident, and the damages and/or injuries alleged to have been sustained by Plaintiff were the result of intervening and/or superseding causes. 26. Discovery may show that Plaintiff, if she suffered any injuries at all, did not suffer any permanent loss of a bodily function, permanent disfigurement, or permanent dismemberment. 27. Defendant, Tyler J. Wilson, asserts that this action may be barred by the Doctrines of res judicata and/or collateral estoppel, which are asserted herein. WHEREFORE, Defendant, Tyler J. Wilson, demands judgment in his favor and against Plaintiff, together with such other relief as this Honorable Court may deem just and equitable. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: 2//1/2s:)7(-( By: Ala AO% M.rc A. Moyer ' squire (l.D. # PA76434) Todd B Nary, , Esquire (I.D. # PA42136) 305 North ' ront Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108 (717) 441-3960 mmoyer @tthlaw.com Attorneys for Tyler J. Wilson 8 VERIFICATION I, Tyler J. Wilson, state that I am a Defendant in the foregoing action, and that I have read the foregoing Answer of Defendant, Tyler J. Wilson, to Plaintiff's Complaint, Together with New Matter, drafted with the assistance of counsel. The factual statements contained therein are true and correct to the best of my information, knowledge and belief. Where the language is that of counsel and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this verification. This statement is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. Date: 5 //I') Tyler 3:ye/1/il son/ CERTIFICATE OF SERVICE I, Nichole Olsakovsky, a legal assistant with the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing Answer of Defendant, Tyler J. Wilson, to Plaintiff's Complaint, Together with New Matter, upon the person and at the address listed below by placing a copy of same in the United States 1st Class Mail, postage prepaid, to the following: Leslie M. Fields, Esquire Costopoulos, Foster & Fields 831 Market Street, P.O. Box 222 Lemoyne, Pennsylvania, 17043 (Counsel for Plaintiff) Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: a -■0(-l By: A �o.1' � 'yam 1!i,' Nichole Olsakovsky, Legal Assistant to Marc A. Moyer, Esquir- P.O. Box 999 Harrisburg, PA 17108 Phone: (717) 441-7053 Fax: (717) 237-7105 1444033.1 Costopoulos, Foster & Fields [10';' , ;: Leslie M. Fields, Esquire "FEB „ Attorney I.D. No.: 29411 831 Market Street CUl�4l8E P 4. 4 / Lemoyne, PA 17043 PEA S vI'�CO I Phone: 717.761.2121 /.A Fax: 717.761.4031 (fields @costopoulos.com Attorney for Plaintiff MARGARET M. YATES, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : No.: 13-7206 TYLER J. WILSON, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER AND NOW, comes Plaintiff, Margaret M. Yates, by and through her attorneys, Costopoulos, Foster & Fields, and replies as follows to Defendant's New Matter: support thereof, avers as follows: 10. No answer required 11. through 27. These allegations constitute conclusions of law to which no response is required. In the event that a response is required the allegations are denied. Respectfully submitted: Leslie . Fields, Esquire Attorne I.D. No.: 29411 COSTOPOULOS, FOSTER & FIELDS 831 Market Street Lemoyne, PA 17043-0222 Phone: 717.761.2121 Fax: 717.761.4031 Email: (fields @costopoulos.com -Counsel for Plaintiff Date: February 25, 2014 CERTIFICATE OF SERVICE I, Leslie M. Fields, Esquire, of Costopoulos, Foster & Fields, do hereby certify on this 25th day of February, 2014, a true and correct copy of the foregoing Plaintiff's Reply to New Matter was served upon all counsel of record by: Hand Delivery X First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es) and/or number(s): Marc A. Moyer, Esquire Todd B. Narvol, Esquire THOMAS, THOMAS & HAFER, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Attorneys for Defendant, Tyler Wilson BY: COSTOPOULOS, FOSTER & FIELDS / ( —7- --'-.7-7 ----Leslie M. ields Randall G. Gale, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street POB 999 Harrisburg, PA 17108-0999 (717)237-7100 (717) 237-7105—facsimile Attorneys for Defendant Tyler J. Wilson Margaret M. Yates, Plaintiff V. Tyler J. Wilson, - OFF/1:- yr ROTI1DNOTAR'r 231411AR 10 PH L°52 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO.: 13-7206 Defendant : CIVIL ACTION - LAW PRAECIPE FOR WITHDRAWAL/ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Marc A. Moyer, Esquire as counsel for Defendant Tyler J. Wilson. Date: TO THE PROTHONOTARY: Please enter the appearance of Randall G. Gale, Esquire on behalf of Defendant Tyler J. Wilson. THOMAS, THOMAS & HAFER, LLP c A. I.D. N oyer, Esquire 76434 Date: THOMAS, THOMAS & HAFER, LLP R G. Gale, squire I.D. No. 26149 CERTIFICATE OF SERVICE I, April L. Casper, a secretary with the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have, this day, served a true and correct copy of the foregoing Praecipe for Withdraw/Entry of Appearance upon the person and at the address listed below by placing a copy of same in the United States 1st Class Mail, postage prepaid, to the following: Steven D. Stambaugh, Esquire Stambaugh Law, P.C. 2121 South Queen Street York, PA 17403 THOMAS, THOMAS & HAFER, LLP Date: 3 By. emeavt_ A;11-1r. Z;;;er, Legal Seer tary 2 F1LEgi - FiCa OF Tit PRO' 'THONG TAR 241iiMAR 21 AN 11: 08 CUMBERLAND COUNTY PENNSYLVANIA MARGARET M. YATES : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. TYLER J. WILSON : NO.: 13-7206 Defendant : CIVIL ACTION - LAW CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1 A' Notice of Intent to Serve Subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party on or about February 25, 2014, to serve subpoenas upon the following: a. Schaner Senior Center; b. Holy Spirit Hospital; c. Hoffman Ford; d. Good Hope Family Physician; e. Drayer Physical Therapy; and, f. PRISM. 2. A true; and correct file copy of the Notice of Intent, including a copy of the proposed subpoenas, is attached to this Certificate. 3. The twenty (20) day notice period for fihing and serving objections has expired without any objections being raised. 4. The subpoenas which will be served are identical to the subpoenas attached to the Notice of Intent. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP by: 11 I R all G. Gale, squire I.D. No. 26149 305 North Front Street, 6th Floor I 4 C.Q9,0 Post Office Box 999 Harrisburg, PA 17108 717-255-7648 rgale@tthlaw.com Attorneys for Defendant Margaret M. Yates : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Tyler J. Wilson v. : NO.: 13-7206 Defendant : CIVIL ACTION - LAW NOTICE OF INTENT TO ISSUE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Counsel Defendant intends to issue subpoenas to the following entities: > Schaner Senior Center; > Holy Spirit Hospital; > Hoffman Ford; > Good Hope Family Physicians; > Drayer Physical Therapy; and, > PRISM. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas will be served. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: February 25, 2014 jut (A, ( v tqu MARC A. MOYER, ESO6UIRE Margaret M. Yates : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Tyler J. Wilson v. : NO.: 13-7206 Defendant : CIVIL ACTION - LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PRISM, 175 Lancaster Blvd., Mechanicsburg, PA 17055 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of the entire medical chart/file regarding Margaret M. Yates (DOB 4/9/1935) including but not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda, hospital records/reports, physical therapy records/reports, radiological reports and films (i.e., x-rays, MRIs. CT scans, etc.), prescriptions, telephone call messages, correspondence, psychological and/or psychiatric records, reports/correspondence/notes, etc. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: Al 1 ORNEY ID#: Al 1 ORNEY FOR: BY THE COURT: Marc A. Moyer, Esquire P.O. Box 999, Harrisburg, PA 17108-0999 (717) 441-3960 76434 Defendant DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy Margaret M. Yates : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Tyler J. Wilson v. : NO.: 13-7206 Defendant : CIVIL ACTION - LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Drayer Physical Therapy, 3399 Trindle Rd., Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of the entire medical chart/file regarding Margaret M. Yates (DOB 4/9/1935) including but not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda, hospital records/reports, physical therapy records/reports, radiological reports and films (i.e., x-rays, MRIs, CT scans, etc.), prescriptions, telephone call messages, correspondence, psychological and/or psychiatric records, reports/correspondence/notes, etc. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: Al ORNEY ID#: ATTORNEY FOR: BY THE COURT: Marc A. Moyer, Esquire P.O. Box 999, Harrisburg, PA 17108-0999 (717) 441-3960 76434 Defendant DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy Margaret M. Yates : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Tyler J. Wilson v. : NO.: 13 -7206 Defendant : CIVIL ACTION - LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Good Hope Family Physicians, 1830 Good Hope Road, Enola, PA 17025 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of the entire medical chart /file regarding Margaret M. Yates (DOB 4/9/1935) including but not limited to: office notes, doctor's records/ reports /correspondence /notes /memoranda, hospital records /reports, physical therapy records /reports, radiological reports and films (i.e., x -rays, MRIs, CT scans, etc.), prescriptions, telephone call messages, correspondence, psychological and /or psychiatric records, reports /correspondence /notes, etc. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: ATTORNEY ID #: ATTORNEY FOR: BY THE COURT: Marc A. Moyer, Esquire P.O. Box 999, Harrisburg, PA 17108 -0999 (717) 441 -3960 76434 Defendant DATE: Seal of the Court Prothonotary /Clerk, Civil Division Deputy Margaret M. Yates : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Tyler J. Wilson v. : NO.: 13-7206 Defendant : CIVIL ACTION - LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holy Spirit Hospital. 503 N. 21' St., Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of the entire medical chart/file regarding Margaret M. Yates (DOB 4/9/1935) including but not limited to: office notes, doctor's records /reports /correspondence/notes /memoranda, hospital records/reports, physical therapy records/reports, radiological reports and films (i.e., x-rays, MRIs. CT scans, etc.), prescriptions, telephone call messages, correspondence, psychological and/or psychiatric records, reports/correspondence/notes, etc. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 A 1 fORNEY ID#: 76434 ATI. ORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy Margaret M. Yates : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Tyler j. Wilson v. NO.: 13-7206 Defendant : CIVIL ACTION - LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hoffman Ford, 5200 Jonestown Road, Harrisburg, PA 17112 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all documents, photographs, estimates, invoices and all other items regarding the November 2012 repair of a Ford E250 owned by East Pennsboro Township which was involved in an accident on September 20, 2012. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOT .LOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg. PA 17108-0999 TELEPHONE: (717) 441-3960 A I I ORNEY ID#: 76434 A I I ORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy Margaret M. Yates : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Tyler j. Wilson v. : NO.: 13-7206 Defendant : CIVIL ACTION - LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Schaner Senior Citizens Center, 98 S. Enola Dr., Enola, PA 17025 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all documents and/or photographs regarding Margaret M. Yates (DOB 4/9/35) specifically including any and all documents or things regarding her participation in various activities as offered by Schaner Senior Citizens Center. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: ATIORNEY ID#: A I ORNEY FOR: BY THE COURT: Marc A. Moyer, Esquire P.O. Box 999, Harrisburg, PA 17108-0999 (717) 441-3960 76434 Defendant DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Notice of Intent to Issue Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 was served by depositing the same in day of the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the 1437761.2 , 2014, on all counsel of record as follows: Leslie M. Fields, Esquire Costopoulos, Foster & Fields 831 Market Street Lemoyne, PA 17043 Attorney for Plaintiff THOMAS, THOMAS & HAFER, LLP Renee K. Coonradt, aral a for Marc A. Moyer, Esquire 2 CERTIFICATE OF SERVICE AND NOW, thi day of )itcut,b , 2014, I, Renee K. Coonradt, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Leslie M. Fields, Esquire Costopoulos, Foster & Fields 831 Market Street Lemoyne, PA 17043 Attorney for Plaintiff THOMAS, THOMAS & HAFER, LLP J RENEE K. COONRADT, PARALEGAL 1441445.2