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HomeMy WebLinkAbout14-0439 Supreme Court of Pennsylvania COUrtbfCQnitu6 "'Pleas For Prothonotary Use Only: Cl<Yil COV6r Sheet Docket No: Cdinberland` County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other- papers as required by law or rules of court. Commencement of Action: S ❑ Complaint ❑x Writ of Summons ❑ Petition E r7 Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T Dorothy H. Brlansky Barbara Gorman Dollar Amount Requested: ❑within arbitration limits I Are money damages requested? Yes El No O (check one) [E outside arbitration limits N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJAppeal? ❑ Yes [E No A Name of Plaintiff /Appellant's Attorney: Turo Robinson Attorneys at Law, Paul M. Ferguson ❑ Check here if you have no attorney (are a Self- Represented (Pro Se) Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other 'S ❑ Product Liability (does not include mass tort) ❑Employment Dispute: E Discrimination ❑ Slander /Libel/ Defamation C ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board `'I' ❑ Other: T ❑ Other: Y MASS TORT Q- ❑ Asbestos N' : ❑ Tobacco ❑ Toxic Tort -DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Other: J ❑ Common Law /Statutory Arbitration B. ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 DOROTHY H. BRLANSKY and IN THE COURT OF COMMON PLEAS THOMAS J. BRLANSKY, OF CUMBERLAND COUNTY, PA Plaintiffs /f NO. 14 — 7 � ? � CIVIL ACTION vs. CIVIL ACTION -LAW BARBARA GORMAN, Defendant JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons regarding the above -named Defendant at the following address: 2) Barbara Gorman to (__ r 108 Monarch Lane 2-r Mechanicsburg, PA 17050 Respectfully Submitted,, TURO ROBINSON Attorneys at Law o/ a 3 Date Paul M. Ferguso Supreme Ct. No. 203293 129 South Pitt Street Carlisle, PA 17013 (717) 245 -9688 Attorney for Plaintiffs Ica 7-yal oe� C� iys1� DOROTHY H. BRLANSKY and IN THE COURT OF COMMON PLEAS THOMAS J. BRLANSKY, OF CUMBERLAND COUNTY, PA Plaintiffs NO. 14 —3� CIVIL ACTION vs. CIVIL ACTION -LAW BARBARA GORMAN, Defendant JURY TRIAL DEMANDED WRIT OF SUMMONS TO DEFENDANT BARBARA GORMAN.: You are hereby notified that Plaintiffs Dorothy H. Brlansky and Thomas J. Brlansky have commenced 'an action against you. Date o of By: Deputy DOROTHY H. BRLANSKY and IN THE COURT OF COMMON PLEAS THOMAS J. BRLANSKY, OF CUMBERLAND COUNTY, PA Plaintiffs NO. 14 — X137 CIVIL ACTION vs. CIVIL ACTION -LAW BARBARA GORMAN, Defendant JURY TRIAL DEMANDED TO THE SHERIFF OF CUMBERLAND COUNTY: Please serve the attached Writ of Summons on the named Defendant at the following address: Barbara Gorman 108 Monarch Lane Mechanicsburg, PA 17050 Respectfully Submitted, TURO ROBINSON Attorneys at Law Date Paul M. Fer on Supreme Ct. No. 203293 129 South Pitt Street Carlisle, PA 17013 (717) 245 -9688 Attorney for Plaintiffs SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ta Jody S Smith � ; ciatarae��. }! r -TN Chief Deputy $, x i �' GJC Richard W Stewart c Solicitor r = < z0 N.) - Dorothy J Brlansky vs. Case Number Barbara S Gorman 2014-439 SHERIFF'S RETURN OF SERVICE 01/24/2014 03:55 PM - Deputy Jamie DiMartle, being duly sworn according to law, served the requested Writ of Summons by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Barbara S Gorman at 108 Monarch Lane, Silver Spring, Mechanicsburg, PA 17050. At ♦1 • .i_' �► J IE DIMART4EPUTY SHERIFF COST: $39.79 SO ANSWERS, January 27, 2014 RONNW R ANDERSON, SHERIFF i Randall G. Gale, Esquire Attorney I.D. No. 26149 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255 -7648 DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs v. BARBARA GORMAN Defendant TO THE PROTHONOTARY: I i'iE ROTE IU�V f1NO . iFi1i j' 2014 MAR --5 All 11: 58 CUMBERLAND LAND COUNTY PENNSYLVANIA Attorneys for Defendant Barbara Gorman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14 -439 Civil Action JURY TRIAL DEMANDED ENTRY OF APPEARANCE Please enter the appearance of Randall G. Gale, Esquire and Thomas, Thomas & Hafer, LLP on behalf of Defendant Barbara Gorman. Date: 3....N17 THOMAS, THOMAS & HAFER, LLP R. d, G. Gale, squire Attorney I.D. No. 26149 P.O. Box 999 Harrisburg, PA 17108 -0999 (717) 255 -7648 (717) 237 -7105 — facsimile rgale@a,tthlaw.com CERTIFICATE OF SERVICE I, Randall G. Gale, Attorney for Thomas, Thomas & Hafer, LLP, hereby certify that a copy of the foregoing document was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Paul M. Ferguson TURO ROBINSON 129 S. Pitt Street Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP R 1 G. Gale, Esquire Attorney I.D. # 26149 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 -0999 (717) 255 -7643 Date: 3 i` l c( Randall G. Gale, Esquire Attorney I.D. No. 26149 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255 -7648 DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs v. BARBARA GORMAN Defendant THE PFWf �'� G, e v ' b1Q 200 MAR -5 Ail li: 5e CUMBERLAND COUNTY ��rTY PENNSYLVANIA Attorneys for Defendant Barbara Gorman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14 -439 Civil Action JURY TRIAL DEMANDED PRAECIPE AND RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a rule upon Plaintiff to file a Complaint in the above matter within twenty (20) days after service of the rule or suffer a judgment of non pros. Date: 3-- `L ✓l (.( THO S, THOMAS & HAFER, LLP Ran :'` G. Gale, Esquire Attorney I.D. No. 26149 P.O. Box 999 Harrisburg, PA 17108 -0999 (717) 255 -7648 (717) 237 -7105 — facsimile rgale @tthlaw.com DOROTHY H. BRLANSKY and : THOMAS J. BRLANSKY, Plaintiffs v. BARBARA GORMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14-439 Civil Action JURY TRIAL DEMANDED RULE TO FILE COMPLAINT TO: Dorothy H. Brlansky and Thomas J. Brlansky c/o Paul M. Ferguson, Esquire TURO ROBINSON 129 S. Pitt Street Carlisle, PA 17013 You are hereby directed to file a Complaint in the above - captioned matter within twenty (20) days or suffer a judgment of non pros. Date: J� Prothonotary sly% CERTIFICATE OF SERVICE I, Randall G. Gale, Attorney for Thomas, Thomas & Hafer, LLP, hereby certify that a copy of the Praecipe and Rule to File Complaint was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Paul M. Ferguson TURO ROBINSON 129 S. Pitt Street Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP t R G. Ga 'squ e Attorney I.D. # 26149 305 North Front Street P. 0. Box 999 Harrisburg, PA 17108-0999 (717) 255-7643 Date: DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs VS. BARBARA GORMAN, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA c : NO. 14 — 439 CIVIL ACTION:71147i (r) _ : CIVIL ACTION - LAW 3:- (--) c:, — : JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 32 Bedford Street Carlisle, PA 17013 (717) 249-3166 DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs VS. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : NO. 14 — 439 CIVIL ACTION : CIVIL ACTION - LAW BARBARA GORMAN, Defendant : JURY TRIAL DEMANDED COMPLAINT Plaintiff, Dorothy H. Brlansky, an adult individual, resides at 400 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Plaintiff, Thomas J. Brlansky, an adult individual, resides at 400 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant, Barbara Gorman, an adult individual, resides at 108 Monarch Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 4. On or about January 27, 2012, at approximately 1:30 p.m., Plaintiff Dorothy H. Brlansky, the operator of a 2004 Hyundai Sonata, was traveling north on Routes 11 and 15 in Camp Hill, Pennsylvania at a point near the intersection with Market Street. 5. At that same time and place, Susan W. Jones, the operator of a 2007 Pontiac G6, was traveling north on Routes 11 and 15 directly ahead of Plaintiff Dorothy H. Brlansky in the lane to her right. Ms. Jones is not a party to this action. 6. At that same time and place, Defendant, the operator of a 2010 Ford Explorer, was traveling north on Routes 11 and 15 directly behind Plaintiff Dorothy H. Brlansky. 7. Ms. Jones' vehicle turned left into Plaintiff Dorothy H. Brlansky's lane and stopped abruptly in front of Plaintiff Dorothy H. Brlansky's vehicle when the traffic light at the intersection turned yellow. 8. Plaintiff Dorothy H. Brlansky applied the brakes of her vehicle and was coming to a stop short of impacting Ms. Jones vehicle. 9. Defendant failed to stop her vehicle causing it to impact the rear of Plaintiff Dorothy H. Brlansky's vehicle and forcing Plaintiff Dorothy H. Brlansky's vehicle to impact the rear of Ms. Jones' vehicle. 10. Defendant admitted to Plaintiff Dorothy H. Brlansky to being in a hurry because she was late. 11. The parties exchanged insurance information, but they did not contact the police. 12. Plaintiff Dorothy H. Brlansky attempted to drive from the scene, but her vehicle was making a loud noise so she pulled over, called a tow truck and rode in the tow truck to an auto body shop. 13. Plaintiff Thomas J. Brlansky drove Plaintiff Dorothy H. Brlansky to the hospital for medical treatment. 14. Plaintiff Dorothy H. Brlansky sought medical treatment for vertigo, for pain in her right and left arms, shoulders, elbows, and hands, and for neck pain. 15. Plaintiff Dorothy H. Brlansky continues to suffer pain from theses injuries and continues to receive treatment. 16. The pain of the injuries suffered by Plaintiff Dorothy H. Brlansky as a result of the accident prevents or hinders her from participating in many routine, day -to -day activities as well as in other physical activities for extended time periods. COUNT I: NEGLIGENCE 17. Paragraphs 1 -16 are incorporated herein as if set forth at length. 18. It was Defendant's duty to operate her vehicle with due care and caution, in accordance with the applicable statues and ordinances in effect at the aforesaid time and place. 19. At the aforesaid time and place, Defendant was guilty of one or more of the following careless and negligent acts or omissions: a. Defendant drove a vehicle in such a way as to follow another vehicle more closely than was reasonable and prudent. b. Defendant drove a vehicle without due regard for the speed of the vehicles and the traffic upon and the condition of the highway. c. Defendant drove a vehicle at a speed greater than was reasonable and prudent under the conditions and failed to regard the actual and potential hazards then existing. d. Defendant drove a vehicle at a speed greater than would permit Defendant to bring her vehicle to a stop within the assured clear distance ahead. e. Defendant failed to drive a vehicle at a safe and appropriate speed when approaching an intersection and when special hazards existed with respect to pedestrians or other traffic or by reason of weather or highway conditions. g. Defendant drove a vehicle in careless disregard for the safety of persons or property. Defendant drove a vehicle in willful or wanton disregard for the safety of persons or property. 20. As a direct and proximate result of one or more of the aforesaid careless and negligent acts or omissions, the vehicle driven by Defendant violently collided with Plaintiff Dorothy H. Brlansky's vehicle causing her vehicle to collide with Ms. Jones' vehicle. 21. As a direct and proximate result of the aforesaid collision, Plaintiff Dorothy H. Brlansky suffered injuries of a personal and pecuniary nature, including but not limited to: medical expenses, lost income, damage to property, pain and suffering, and physical and emotional trauma, all of which are permanent. WHEREFORE, Plaintiff Dorothy H. Brlansky, asks for a judgment in her favor and against Defendant Barbara Gorman in a sum in excess of $50,000.00. COUNT II: NEGLIGENCE PER SE 22. Paragraphs 1 -21 are incorporated herein as if set forth at length. 23. At the aforesaid time and place, Defendant did negligently, carelessly and recklessly violate one or more of the following statutes that were designed to protect Plaintiff Dorothy H. Brlansky from harm and damages: a. 75 Pa.C.S. § 3310 (Following too closely) b. 75 Pa.C.S. § 3361 (Driving vehicle at safe speed) c. 75 Pa.C.S. § 3714 (Careless driving) d. 75 Pa.C.S. § 3736 (Reckless driving) 24. As a direct and proximate result of one or more of the aforesaid careless and negligent acts or omissions, the vehicle driven by Defendant violently collided with Plaintiff Dorothy H. Brlansky's vehicle causing her vehicle to collide with Ms. Jones' vehicle. 25. As a direct and proximate result of the aforesaid collision, Plaintiff Dorothy H. Brlansky suffered injuries of a personal and pecuniary nature, including but not limited to: medical expenses, lost income, damage to property, pain and suffering, and physical and emotional trauma, all of which are permanent. WHEREFORE, Plaintiff Dorothy H. Brlansky, asks for a judgment in her favor and against Defendant Barbara Gorman in a sum in excess of $50,000.00. COUNT III: PROPERTY DAMAGE 26. Paragraphs 1-25 are incorporated herein as if set forth at length. 27. As a direct and proximate result of the conduct of Defendant, as alleged herein, Plaintiffs were caused to suffer property damage in an amount, scope and extent not fully known and subject to proof at trial but approximately $4,537.00. WHEREFORE, Plaintiffs Dorothy H. Brlansky and Thomas J. Brlansky ask for a judgment in their favor and against Defendant Barbara Gorman in a sum not in excess of $50,000.00. COUNT IV: LOSS OF CONSORTIUM 28. Paragraphs 1-27 are incorporated herein as if set forth at length. 29. Prior to January 27, 2012, Plaintiff Thomas J. Brlansky was legally married to Plaintiff Dorothy H. Brlansky, and as husband and wife, each became entitled to the companionship, society, guidance, material services and consortium of their respective spouses during the period of coverture. 30. As a result of the injuries to his spouse, Plaintiff Thomas J. Brlansky was deprived, and will in the future be deprived, of the companionship, society, guidance, material services and consortium of her spouse. WHEREFORE, Plaintiff, Thomas J. Brlansky, asks for a judgment in his favor and against Defendant in a sum in excess of $50,000.00. Respectfully Submitted, TURO ROBINSON Attorneys at Law Paul M. Ferguson Supreme Court No. 203293 129 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiffs VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Thomas J. Brlansky DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs VS. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : NO. 14 — 439 CIVIL ACTION : CIVIL ACTION - LAW BARBARA GORMAN, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Paul M. Ferguson, hereby certify that on this day, I served a true and correct copy of the foregoing Complaint, by depositing same in the United States Mail, first class, postage pre- paid, certified, return receipt requested, and regular mail, from Carlisle, Pennsylvania, addressed as follows: Randall G. Gale, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108 TURO ROBINSON Attorneys at Law Paul M. Ferguso Supreme Ct. No. 203293 129 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiffs Randall G. Gale, Esquire Attorney 1.D. No. 26149 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P. 0. Box 999 Harrisburg, PA 17108 (717) 255 -7648 DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs v. BARBARA GORMAN Defendant OF ,, w f' It I PPf)7,NlrjY O 2014 APRR 16 AH 11: 46 CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Defendant Barbara Gorman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14 -439 Civil Action JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA • PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve a Subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party on or about April 4, 2014, to serve a subpoena upon State Farm. 2. A true and correct file copy of the Notice of Intent, including a copy of the proposed subpoena, is attached to this Certificate. 3. The twenty (20) day notice period for filing and serving objections has been waived by counsel for Plaintiffs as evidenced by the attached correspondence. 4. The subpoena which will be served is identical to the subpoena attached to the Notice of Intent. by: Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Randall G. Gale, Esquire I.D. No. 26149 305 North Front Street, 6th Floor Post Office Box 999 Harrisburg, PA 17108 717 - 255 -7648 rgale @tthlaw.com Attorneys for Defendant Randall G. Gale, Esquire Attorney I.D. No. 26149 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255 -7648 DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs v. BARBARA GORMAN Defendant Attorneys for Defendant Barbara Gorman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14 -439 Civil Action JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY: PURSUANT TO RULE 4009.21 TO: Counsel Defendant intends to serve a subpoena upon State Farm, identical to the one 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 will be served. 1 X1, Date: "F By: Respectfully submitted, Thomas, Thomas & Hafer, LLP � 4C1. _.11. ri`.r► Randall G. Gale, Esquire I.D. No. 26149 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 237 -7100 Counsel for Defendant r DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs V. BARBARA GORMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14-439 Civil Action JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: STATE FARM 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 the first party file, propeq damage file, medical records, log notes, claims information, payout information, and all other documents without limitation, regarding Claim No. 38-0064-502 and/or 38-0064-50201. DOL 1/27/12. regarding Dorothy Brlansky (DOB 3/21/54). 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: Randall G. Gale, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 ATTORNEY ID#: 26149 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE I, RENEE K. COONRADT of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Date: `I 1480786.1 i w Paul M. Ferguson, Esquire TURO ROBINSON 129 S. Pitt Street Carlisle, PA 17013 Counsel for Plaints THOMAS, THOMAS & HAFER, LLP RENEE K. COONRADT, PARALEGAL Turo Robinson Attorneys at Law RON TURO, Esquire - Of Counsel JAMES M. ROBINSON, Esquire PAUL M. FERGUSON, Esquire DANIEL L. PUSKAR, Esquire RUTH A. BROWN, Esquire Randall G. Gale, Esquire C/o Renee K. Coonradt, Paralegal Thomas, Thomas & Hafer LLP P.O. Box 999 Harrisburg, PA 17108 Re: Brlansky v. Gorman No. 14 -439; Cumberland Co. Dear Ms. Coonradt: April 9, 2014 www.turorobinson.com 129 South Pitt Street Carlisle, Pennsylvania 17013 (717) 245 -9688 (800) 562 -9778 Fax (717) 245 -2165 Cell (717) 609 -6130 pferguson@turolaw.com Sender: I am in receipt of your April 4, 2014 letter regarding the Notice of Intent to Serve a Subpoena in the above - referenced matter. Enclosed, please find the signed waiver of the 20 day notice period. I look forward to receiving copies of all documents you receive as a result of the subpoena. If you have questions or concerns, please contact me. Thank you. Cc: Dorothy and Thomas Brlansky Sincerely, TURO ROBINSON Attorneys at Law Paul M. Ferguson, Esquire Enclosure THOMAS, THOMAS & HAFER LLP Page 2 I, Paul M. Ferguson, Esquire, counsel for Plaintiffs, do hereby agree to waive the 20 Day Notice of Intent rule allowing counsel for Defendant to issue a subpoena to State Farm. DATE: '04( /4/ Paul . Ferguson, Esquire CERTIFICATE OF SERVICE AND NOW, this HkIf day of , 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: Paul M. Ferguson, Esquire TURO ROBINSON 129 S. Pitt Street Carlisle, PA 17013 Counsel for Plaintiffs' THOMAS, THOMAS & HAFER, LLP RENEE K. COONRADT, PARALEGAL 1485743.1 Randall G. Gale, Esquire Attorney I.D. No. 26149 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P. 0. Box 999 Harrisburg, PA 17108 (717) 255-7648 DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs v. BARBARA GORMAN Defendant TO: Plaintiff and Counsel: 2014 Y - 6 Pt I : CUMBERLAND COUNTY. aidf , Attorneys for Defendant Barbara Gorman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14-439 Civil Action JURY TRIAL DEMANDED NOTICE TO PLEAD You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. By: Date: C'R THOMAS, THOMAS & HAFER, LLP tiki Ruli1( G. Gale, Esquire Attorney I.D. # 26149 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7643 Randall G. Gale, Esquire Attorney I.D. No. 26149 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7648 DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs v. Attorneys for Defendant Barbara Gorman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14-439 Civil Action JURY TRIAL DEMANDED BARBARA GORMAN Defendant ANSWER AND NEW MATTER OF DEFENDANT, BARBARA GORMAN AND NOW, comes the Defendant, Barbara Gorman, who files this Answer and New Matter to the Complaint of Dorothy H. Brlansky and Thomas J. Brlansky. 1-2. Denied. The averments of Paragraphs 1 through 2 of Plaintiffs' Complaint are neither admitted nor denied in that, after reasonable investigation, Answering Defendant is without sufficient information to form a belief as to the truth of the averments and they are therefore deemed to be denied and proof thereof is demanded. 3-4. Admitted. 5. Admitted in part and denied in part. It is admitted that Susan W. Jones was the operator of a 2007 Pontiac G6 traveling north on Routes 11/15 ahead of Plaintiff, Dorothy H. Brlansky and it is admitted that Susan W. Jones is not yet a party to this action. The remainder of the averments of paragraph 5 of Plaintiffs Complaint are neither admitted nor denied in that after reasonable investigation, the Answering Defendant is without sufficient information to form a belief as to the truth of the averments and they are therefore deemed to be denied and proof thereof is demanded. 6. Admitted. 7. Denied. The averments of paragraph 7 of Plaintiffs' Complaint are denied and put in issue pursuant to Pa.R.Civ.P. 1029(e). 8: Denied. The averments of paragraph 8 of Plaintiffs' Complaint are denied and put in issue pursuant to Pa.R.Civ.P. 1029(e). 9. Admitted in part and denied in part. It is admitted that there was an impact between the vehicle operated by Answering Defendant and the vehicle operated by Plaintiff, Dorothy H. Brlansky. The remainder of the averments of paragraph 9 of Plaintiffs' Complaint are denied and put in issue pursuant to Pa.R.Civ.P. 1029(e). 10. Denied. The averments of paragraph 10 of Plaintiffs' Complaint are denied and put in issue pursuant to Pa.R.Civ.P. 1029(e). 11. Admitted. 12-16. Denied. The averments of paragraphs 12 through 16 of Plaintiffs' Complaint are neither admitted nor denied in that after reasonable investigation, the Answering Defendant is without sufficient information to form a belief as to the truth of the averments and they are therefore deemed to be denied and proof thereof is demanded. COUNT I 17. The Answering Defendant incorporates by reference her responses to paragraphs 1 through 16 of Plaintiffs' Complaint as if set forth at length herein. 18. The averments of paragraph 18 are conclusions of law to which no response is required. 19(a) -(g). Denied. The averments of paragraph 19(a) -(g) are denied and put in issue pursuant to Pa.R.Civ.P. 1029(e). 20. Denied. The averments of paragraph 20 of Plaintiffs' Complaint are denied and put in issue pursuant to Pa.R.Civ.P. 1029(e). 21. Denied. The averments of paragraph 21 of Plaintiffs' Complaint are denied in that after reasonable investigation, the Answering Defendant is without sufficient information to form a belief as to the truth of the averments and they are therefore deemed to be denied and proof thereof is demanded. WHEREFORE, the Defendant, Barbara Gorman, demands that judgment be entered in her favor and against the Plaintiffs, Dorothy H. Brlansky and Thomas J. Brlansky. COUNT II 22. The Answering Defendant incorporates by reference her responses to paragraphs 1 through 21 of Plaintiffs' Complaint as if set forth at length herein. 23. Denied. The averments of Paragraph 23 of Plaintiffs' Complaint are conclusions of law to which no response is required. To the extent a response may be deemed to be required, the averments are denied and put in issue pursuant to Pa.R.Civ.P. 1029(e). 24. Admitted in part and denied in part. It is admitted that the vehicle operated by Plaintiff, Dorothy H. Brlansky and the vehicle operated by Answering Defendant were involved in an accident. The remainder of the averments of Paragraph 24 of Plaintiffs' Complaint are denied and put in issue pursuant to Pa.R.Civ.P. 1029(e). 25. Denied. The averments of Paragraph 25 of Plaintiffs' Complaint are neither admitted nor denied in that after a reasonable investigation, the Answering Defendant is without sufficient information or belief as to the truth of the averments and they are therefore deemed to be denied and proof thereof is demanded. WHEREFORE, the Defendant, Barbara Gorman, demands that judgment be entered in her favor and against the Plaintiffs, Dorothy H. Brlansky and Thomas J. Brlansky. COUNT III 26. The Answering Defendant incorporates by reference her responses to Paragraphs 1 through 25 of Plaintiffs' Complaint as if set forth at length herein. 27. Denied. The remainder of the averments of Paragraph 27 of Plaintiffs' Complaint are denied and put in issue pursuant to Pa.R.Civ.P. 1029(e). WHEREFORE, the Defendant, Barbara Gorman, demands that judgment be entered in her favor and against the Plaintiffs, Dorothy H. Brlansky and Thomas J. Brlansky. COUNT IV 28. The Answering Defendant incorporates by reference her responses to Paragraphs 1 through 27 of Plaintiffs' Complaint as if set forth at length herein. 29. Denied. The averments of Paragraph 29 of Plaintiffs' Complaint are neither admitted or denied in that after a reasonable investigation, the Answering Defendant is without sufficient information to form a belief as to the truth of the averments and they are therefore deemed to be denied and proof thereof is demanded. 30. Denied. The averments of Paragraph 30 of Plaintiffs' Complaint are denied and put in issue pursuant to Pa.R.Civ.P. 1029(e). WHEREFORE, the Defendant, Barbara Gorman, demands that judgment be entered in her favor and against the Plaintiffs, Dorothy H. Brlansky and Thomas J. Brlansky. NEW MATTER 31. The Answering Defendant incorporates by reference her responses to Paragraphs 1 through 30 above as if set forth at length herein. 32. Plaintiffs have failed to state a claim against the Answering Defendant upon which relief can be granted. 33. Plaintiffs' claims are limited and/or controlled by the terms of Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S. §1701, et seq., and any amendments thereto, which law is incorporated by reference herein. 34. Plaintiffs are precluded from maintaining an action for alleged non -economic loss pursuant to the terms and provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S. § 170, et seq., and any amendments thereto, which law is incorporated by reference herein. 35. Pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S. §1701, et seq., and its amendments, the Plaintiffs are precluded from pleading, introducing into evidence, proving or recovering the amount of benefits paid or payable under said Act up to and including the limits or required benefits under said Act and Answering Defendant hereby asserts all of the defenses, limitations, benefits, protections, thresholds, setoffs, requirements and immunities available to her under said Act. 36. Plaintiffs have elected the limited tort alternative and the Plaintiff's alleged injuries are not serious as defined by the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S. §1701, et seq., and any amendments thereto, which law is incorporated by reference herein and Plaintiffs are precluded from recovering damages for pain and suffering by the applicable provisions of that law. 37. The Plaintiffs did not suffer any permanent loss of bodily function, permanent disfigurement or permanent dismemberment. 38. Plaintiffs are the owners of a currently registered motor vehicle and do not have financial responsibility as defined by the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S. §1701, et seq., and any amendments thereto, which law is incorporated by reference herein and Plaintiffs alleged injuries are not serious as defined by that law and consequently Plaintiffs are precluded from recovering damages for pain and suffering by the applicable provisions of that law. 39. No actions or failure to act on the part of the Answering Defendant were a substantial factor or factual cause or proximate or legal cause in bringing about the injuries or damages claimed in Plaintiffs' Complaint. 40. Plaintiffs injuries, if any, were caused by the negligence and/or liability producing acts or omissions of others over whom Answering Defendant had no control or right of control and were not caused in any manner by any act or omission by Answering Defendant. 41. Plaintiffs have failed to mitigate their damages and therefore are barred or limited as to what can be recovered. 42. Plaintiffs injuries, if any, were caused by pre-existing medical conditions and/or disease processes and/or idiosyncrasies peculiar to Plaintiffs and were not caused in any manner, by any act or omission of Answering Defendant. 43. If there should be found to have been culpable conduct on the part of Answering Defendant, which is denied, conduct of others constituted intervening or superseding causes of any injury or damages to Plaintiffs. 44. Plaintiffs' claims are barred by the applicable Statute of Limitations. 45. The provisions of Pennsylvania's Comparative Negligence Act, 42 Pa.C.S. §7102, apply in this case to limit or bar Plaintiffs' claims. 46. The knowing and conscious assumption of the risk by Plaintiffs is the cause of any resulting injury and is a barlo recovery by Plaintiffs. 47. As discovery may show, Plaintiffs' recovery may be barred or limited by the affirmative defenses of waiver, release, immunity, set off, settlement, accord and satisfaction, arbitration and award, collateral estoppel and/or equitable estoppel or res judicata. 48. In the event that the Plaintiffs should request damages for delay pursuant to 42 Pa.R.Civ.P. 238, Answering Defendant challenges the applicability and constitutionality of said Rule and places the same at issue. 49. Answering Defendant is entitled to a reduction and/or molding of any verdict to account for any credit of Underinsured Motorist, disability or any other benefits at any time received by Plaintiffs in compensation for the injuries and damages alleged and the credit and reduction shall be for the full and total amount of those benefits and/or award received by Plaintiffs or medical providers on Plaintiffs' behalf 50. Plaintiffs' recovery is diminished or barred by the provisions of the Fair Share Act. 51. At all times material hereto, Answering Defendant acted properly and reasonably and did not breach any duty of care to Plaintiffs. 52. The occurrence of the accident was the result of a sudden and unexpected emergency experienced by Answering Defendant and, therefore, Plaintiff's' claims are barred and/or limited by the Sudden Emergency Doctrine. 53. The Plaintiffs' property damage claim was settled and released or, in the alternative, Answering Defendant is entitled to a credit for payment made on the property damage claim. WHEREFORE, the Defendant, Barbara Gorman, demands that judgment be entered in her favor and against the Plaintiffs, Dorothy H. Brlansky and Thomas J. Brlansky. THOMAS, THOMAS & HAFER, LLP Dated: ((( By: R:.. e .11 G. Gale, Esquire Atty. I.D. #: 26149 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7648 VERIFICATION I, Barbara Gorman, have read the foregoing document which has been drafted by my counsel. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities, which provides that, if I knowingly make false - averments, I may be subject to criminal penalties. DATE: 5/S1/ lit CERTIFICATE OF SERVICE I, Randall G. Gale, Attorney for Thomas, Thomas & Hafer, LLP, hereby certify that a copy of the foregoing document was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Date: Paul M. Ferguson, Esquire TURO ROBINSON 129 S. Pitt Street Carlisle, PA 17013 Counsel for Plaintiffs By: THOMAS, THOMAS & HAFER, LLP kG(18Q R.. Gale, squire Attorney I.D. # 26149 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7643 A? Randall G. Gale, Esquire Attorney I.D. No. 26149 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P. 0. Box 999 Harrisburg, PA 17108 (717) 255-7648 DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs v. BARBARA GORMAN Defendant 0 Ail I 22 t3E�4LlyDU/V1 Y PENNS YLV tdCOI4 Attorneys for Defendant Barbara Gorman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14-439 Civil Action JURY TRIAL DEMANDED 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 April 24, 2014, to serve subpoenas upon State Farm and Erie Insurance. 2. A true and correct file copy of the Notice of Intent, including a copy of the proposed subpoenas, is attached to this Certificate. 3. The twenty (20) day notice period for filing and serving objections has been waived by counsel for Plaintiffs as evidenced by the attached correspondence. 4. The subpoenas which will be served are identical to the subpoenas attached to the Notice of Intent. by: Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Randall G. Gale, Esquire I.D. No. 26149 305 North Front Street, 6th Floor Post Office Box 999 Harrisburg, PA 17108 717-255-7648 rgale@tthlaw.com Attorneys for Defendant Randall G. Gale, Esquire Attorney I.D. No. 26149 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7648 DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs v. BARBARA GORMAN Defendant Attorneys for Defendant Barbara Gorman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14-439 Civil Action JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Counsel Defendant intends to serve subpoenas upon State Farm and Erie Insurance, identical to the ones 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 objections to the subpoenas. If no objections are made, the subpoenas will be served. Date: --ILI By: Respectfully submitted, Thomas, Thomas & Hafer, LLP %aka -LA Randall G. Gale, Esquire I.D. No. 26149 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 237-7100 Counsel for Defendant r DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs • v. BARBARA GORMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14-439 Civil Action JURY TRIAL DEMANDED SUBPOENA: TO. PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: STATE FARM 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 the first parry file, propery damage file, medical records, log notes, claims information, payout information, and all other documents without limitation, regarding Policy No. 664 0768 F04 38J for date ofloss 10/27/00 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: ATTORNEY ID#: ATTORNEY FOR: BY THE COURT: Randall G. Gale Esquire P.O. Box 999, Harrisburg, PA 17108-0999 (717) 441-3960 26149 Defendant DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy s' DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs v. BARBARA GORMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14-439 Civil Action JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Erie Insurance 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 the firstpary file, property damage and/or liability files, medical records, log notes, claims information, payout information, and all other documents without limitation, regarding Policy No. 0041703877H for date of loss 10/27/00 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: ATTORNEY ID#: ATTORNEY FOR: BY THE COURT: Randall G. Gale, Esquire P.O. Box 999, Harrisburg, PA 17108-0999 (717) 441-3960 26149 Defendant DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE I, RENEE K. COONRADT of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Date:1-11— i 1 1480786.2 Paul M. Ferguson, Esquire TURO ROBINSON 129 S. Pitt Street Carlisle, PA 17013 Counsel for Plaintiffs THOMAS, THOMAS & HAFER, LLP RENEE K. COONRADT, PARALEGAL Turo Robinson Attorneys at Law RON TURO, Esquire - Of Counsel JAMES M. ROBINSON, Esquire PAUL M. FERGUSON, Esquire DANIEL L. PUSKAR, Esquire RUTH A. BROWN, Esquire Randall G. Gale, Esquire C/o Renee K. Coonradt, Paralegal Thomas, Thomas & Hafer LLP P.O. Box 999 Harrisburg, PA 17108 Re: Brlansky v. Gorman No. 14-439; Cumberland Co. 44.4717,1 • May 9, 2014 www.turorobin on.com 129 South Pitt Street Carlisle, Pennsylvania 17013 (717) 245-9688 (800) 562-9778 Fax (717) 245-2165 Sender: Cell (717) 609-6130 pferguson@turolaw. corn Dear Ms. Coonradt: I" am in receipt of your Aprit24, 2014 letter regarding the Notice of Intent to Serve a Subpoena in the above -referenced matter. Enclosed, please find the signed waiver of the 20 day notice period. I look forward to receiving copies of all documents you receive as a result of the subpoena. If you have questions or concerns, please contact me. Thank you. Cc: Dorothy'and'ThorrasBrlansky Sincerely, TURO ROBINSON Attorneys at Law Paul M. Ferguson, Esquire Enclosure d V THOMAS, THOMAS & HAFER LLP Page 2 I, Paul M. Ferguson, Esquire, counsel for Plaintiffs, do hereby agree to waive the 20 Day Notice of Intent rule allowing counsel for Defendant to issue subpoenas to State Farm and Erie Insurance. DATE: c 5/o '051 Paul M. Ferguson, Esquire CERTIFICATE OF SERVICE AND NOW, this t day of UWIL , 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: Paul M. Ferguson, Esquire TURO ROBINSON 129 S. Pitt Street Carlisle, PA 17013 Counsel for Plaintiffs THOMAS, THOMAS & HAFER, LLP RENEE K. COONRADT, PARALEGAL 1485743.2 DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs vs. BARBARA GORMAN, Defendant IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : NO. 14 - 439 CIVIL ACTION c-) -a a mcz) r -r1 r- z: < c.; c-) c) : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER -H AND NOW come Plaintiffs, Dorothy H. Brlansky and Thomas J. Brlansky, by and through their attorneys, Turo Robinson Attorneys at Law, and set forth the following Reply to Defendant's New Matter: t=. N.) 31. After reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments made in Paragraph 31 of Defendant's New Matter, and therefore, they are deemed to be denied. 32. Denied. Paragraph 32 of Defendant's New Matter is a conclusion of law to which no response is required. To the extent a response is required, the averment is denied. 33. Denied. Paragraph 33 of Defendant's New Matter is a conclusion of law to which no response is required. To the extent a response is required, the averment is denied. 34. Denied. Paragraph 34 of Defendant's New Matter is a conclusion of law to which no response is required. To the extent a response is required, the averment is denied. 35. Denied. After reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments regarding Defendant's asserted defenses, limitations, benefits, protections, thresholds, setoffs, requirements and immunities available to her under the Act made in Paragraph 35 of Defendant's New Matter, and therefore, they are deemed to be denied. The remainder of Paragraph 35 of Defendant's New Matter is a conclusion of law to which no response is required. To the extent a response is required, the averment is denied. 36. Denied. Plaintiffs deny they have elected the limited tort alternative. By way of further answer, Plaintiffs elected the full tort option. The remainder of Paragraph 36 of Defendant's New Matter is a conclusion of law to which no response is required. To the extent a response is required, the aveinient is denied. 37. Denied. By way of further answer, Plaintiffs suffered loss of a permanent nature. 38. Denied. Paragraph 38 of Defendant's New Matter is a conclusion of law to which no response is required. To the extent a response is required, the averment is denied. 39. Denied. 40. Denied. 41. Denied. Plaintiffs deny they have failed to mitigate their damages. The remainder of Paragraph 41 of Defendant's New Matter is a conclusion of law to which no response is required. To the extent a response is required, the averment is denied. 42. Denied. 43. Denied. Paragraph 43 of Defendant's New Matter is a conclusion of law to which no response is required. To the extent a response is required, the averment is denied. 44. Denied. Paragraph 44 of Defendant's New Matter is a conclusion of law to which no response is required. To the extent a response is required, the averment is denied. 45. Denied. Paragraph 45 of Defendant's New Matter is a conclusion of law to which no response is required. To the extent a response is required, the averment is denied. 46. Denied. Paragraph 46 of Defendant's New Matter is a conclusion of law to which no response is required. To the extent a response is required, the averment is denied. 47. Denied. Paragraph 47 of Defendant's New Matter is a conclusion of law to which no response is required. To the extent a response is required, the avelinent is denied. 48. Denied. Paragraph 48 of Defendant's New Matter is a conclusion of law to which no response is required. To the extent a response is required, the averment is denied. 49. Denied. Paragraph 49 of Defendant's New Matter is a conclusion of law to which no response is required. To the extent a response is required, the averment is denied. 50. Denied. Paragraph 50 of Defendant's New Matter is a conclusion of law to which no response is required. To the extent a response is required, the averment is denied. 51. Denied. 52. Denied. Paragraph 52 of Defendant's New Matter is a conclusion of law to which no response is required. To the extent a response is required, the averment is denied. 53. Admitted in part and denied in part. Plaintiffs admit they received a refund of their deductible. The remainder of Paragraph 53 of Defendant's New Matter is a conclusion of law to which no response is required. To the extent a response is required, the averment is denied. WHEREFORE, Plaintiffs Dorothy H. Brlansky and Thomas J. Brlansky ask for a judgment in their favor and against Defendant Barbara Gorman in a sum in excess of $50,000.00. Respectfully Submitted, TURO ROBINSON Attorneys at Law Paul M. Ferguson Supreme Court No. 203293 129 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiffs VERIFICATION I verify that the statements made in the foregoing Plaintiffs' Reply to Defendant's New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. b5'/a-3//r Date Dorothy VERIFICATION I verify that the statements made in the foregoing Plaintiffs' Reply to Defendant's New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. d_sla3/Pi Date Thomas J. Brlansky DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs vs. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : NO. 14 — 439 CIVIL ACTION : CIVIL ACTION - LAW BARBARA GORMAN, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Paul M. Ferguson, hereby certify that on this day, I served a true and correct copy of the foregoing Plaintiffs' Reply to Defendant's New Matter, by depositing same in the United States Mail, from Carlisle, Pennsylvania, addressed as follows: (05"-A 3'77Y Date Randall G. Gale, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108 TURO ROBINSON Attorneys at Law Paul M. Ferguson Supreme Ct. No. 203293 129 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiffs Randall G. Gale, Esquire Attorney I.D. No. 26149 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7648 DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs V. BARBARA GORMAN Defendant v. SUSAN W. JONES Additional Defendant e. ►U`° 1tai 10: 51 (1BERL AHD ,' ,p `HHSYUAHM Attorneys for Defendant Barbara Gorman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14-439 Civil Action JURY TRIAL DEMANDED TI 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 S. BEDFORD STREET, CARLISLE, PA 17013 (717) 249-3166 OR (800) 990-9108 - I O USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR FOR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET, CARLISLE, PA 17013 (717) 249-3166 OR (800) 990-9108 Randall G. Gale, Esquire Attorney I.D. No. 26149 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P. 0. Box 999 Harrisburg, PA 17108 (717) 255-7648 DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs v. BARBARA GORMAN Defendant v. SUSAN W. JONES Additional Defendant Counsel for Defendant Barbara Gorman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14-439 Civil Action JURY TRIAL DEMANDED COMPLAINT AGAINST ADDITIONAL DEFENDANT SUSAN W. JONES AND NOW, comes the Defendant Barbara Gorman, and files this Complaint against Additional Defendant Susan W. Jones. 1. Plaintiffs Dorothy H. Brlansky and Thomas J. Brlansky are adult individuals residing at 400 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The original Defendant is Barbara Gorman, an adult individual residing at 108 Monarch Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The Additional Defendant is Susan W. Jones, 615 South Mountain Road, Dillsburg, York County, Pennsylvania 17019. 3. The Complaint has been filed by the Plaintiffs, Dorothy H. Brlansky and Thomas J. Brlansky against the original Defendant Barbara Gorman to Civil No. 14-439 in the Court of 1 Common Pleas of Cumberland County. A copy of Plaintiffs' Complaint is attached hereto and incorporated by reference herein without admission or adoption and labeled "Exhibit A." 4. The Complaint filed by Plaintiffs Dorothy A. Brlansky and Thomas J. Brlansky alleges liability on the part of the original Defendant Barbara Gorman for injury and damages allegedly sustained by Plaintiffs arising out of a motor vehicle accident occurring on January 27, 2012 at approximately 1:30 p.m. on the Northbound lanes of Routes 11 & 15 in Camp Hill, Cumberland County, Pennsylvania involving a 2007 Pontiac G6 being operated by Additional Defendant Susan W. Jones, a 2010 Ford Explorer being operated by Defendant Barbara Gorman and a 2004 Hyundai Sonata being operated by Plaintiff Dorothy H. Brlansky. 5. On the contrary, any injuries or damages to Plaintiffs Dorothy H. Brlansky and Thomas J. Brlansky were not caused by any negligence, carelessness or recklessness of the original Defendant Barbara Gorman, but rather were caused by the negligence, carelessness or recklessness of the Additional Defendant Susan W. Jones as follows: (a) Making a sudden and abrupt stop without taking into account existing traffic conditions; (b) Operating her vehicle without regard to the rights and safety of others precipitating a chain reaction collision; (c) Failing to have her vehicle under proper and adequate control; (d) Operating her vehicle without taking into account existing traffic conditions; (e) Failing to operate her vehicle such that she would be able to come to a safe and controlled stop; (f) Failing to drive at a safe and appropriate speed taking into account traffic conditions; (g) Making a sudden, abrupt, careless and illegal lane change without adequate clearance; (h) Making a lane change at an intersection. 6. If Plaintiffs suffered injuries or damages as alleged, said injuries or damages were not caused by the original Defendant, but rather such injuries or damages were caused by the negligence, carelessness or recklessness of Additional Defendant Susan W. Jones. 2 7. If the original Defendant is held liable, any liability being expressly denied, the Additional Defendant Susan W. Jones is joined as being jointly and severally liable or liable over for contribution or indemnification to original Defendant Barbara Gorman. WHEREFORE, the original Defendant, Barbara Gorman demands that judgment be entered in her favor and against Additional Defendant Susan W. Jones. Respectfully submitted, Date: TH 1 S, THOMAS & HAFER, LLP ►' G. dler quire I. o. 26149 • P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7649 rgale@a,tthlaw.com 3 CERTIFICATE OF SERVICE I, Randall G. Gale, Esquire of the law firm Thomas, Thomas & Hafer LLP, certify that I have served a true and correct copy of the COMPLAINT AGAINST ADDITIONAL DEFENDANT on the following person(s) by placing same in the United States mail, postage prepaid, on the date set forth below: Paul M. Ferguson, Esquire TURO ROBINSON 129 S. Pitt Street Carlisle, PA 17013 Counsel for Plaintiff Date: (p —11- 11 4 THOMAS, THOMAS & HAFER, LLP G. ale, squire VERIFICATION I, Randall G. Gale, Esquire, of the law firm of THOMAS, THOMAS & HAFER, LLP, hereby verify that we are the attorneys of record for Defendant Barbara Gorman in this case; that as such I am authorized to make this Verification and that the information set forth in the foregoing Complaint Against Additional Defendant is true and correct to the best of my knowledge, information, and belief Date: 6 i DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs vs. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : NO. 14 — 439 CIVIL ACTION : CIVIL ACTION - LAW BARBARA GORMAN, -;,1 t, Defendant : JURY TRIAL DEMANDED -`'n r-- NOTICE r -c.:, -J-1 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 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 32 Bedford Street Carlisle, PA 17013 (717) 249-3166 TRUE COPY FROM RECORD - In Testimony whereof, I here unto set m and the seal of said Court Y hand This yet Carlisle, Pa. da of 20 -Z. Prothonotary ���/ r- (V DOROTHY H. BRLANSKY and : IN THE COURT OF COMMON PLEAS THOMAS J. BRLANSKY, : OF CUMBERLAND COUNTY, PA Plaintiffs : NO. 14 — 439 CIVIL ACTION vs. : CIVIL ACTION - LAW BARBARA GORMAN, Defendant : JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Dorothy H. Brlansky, an adult individual, resides at 400 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Plaintiff, Thomas J. Brlansky, an adult individual, resides at 400 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant, Barbara Gorman, an adult individual, resides at 108 Monarch Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. On or about January 27, 2012, at approximately 1:30 p.m., Plaintiff Dorothy H. Brlansky, the operator of a 2004 Hyundai Sonata, was traveling north on Routes 11 and 15 in Camp Hill, Pennsylvania at a point near the intersection with Market Street. 5. At that same time and place, Susan W. Jones, the operator of a 2007 Pontiac G6, was traveling north on Routes 11 and 15 directly ahead of Plaintiff Dorothy H. Brlansky in the lane to her right. Ms. Jones is not a party to this action. 6. At that same time and place, Defendant, the operator of a 2010 Ford Explorer, was traveling north on Routes 11 and 15 directly behind Plaintiff Dorothy H. Brlansky. 7. Ms. Jones' vehicle turned left into Plaintiff Dorothy H. Brlansky's lane and stopped abruptly in front of Plaintiff Dorothy H. Brlansky's vehicle when the traffic light at the intersection turned yellow. 8. Plaintiff Dorothy H. Brlansky applied the brakes of her vehicle and was coming to a stop short of impacting Ms. Jones vehicle. 9. Defendant failed to stop her vehicle causing it to impact the rear of Plaintiff Dorothy H. Brlansky's vehicle and forcing Plaintiff Dorothy H. Brlansky's vehicle to impact the rear of Ms. Jones' vehicle. 10. Defendant admitted to Plaintiff Dorothy H. Brlansky to being in a hurry because she was late. 11. The parties exchanged insurance information, but they did not contact the police. 12. Plaintiff Dorothy H. Brlansky attempted to drive from the scene, but her vehicle was making a loud noise so she pulled over, called a tow truck and rode in the tow truck to an auto body shop. 13. Plaintiff Thomas J. Brlansky drove Plaintiff Dorothy H. Brlansky to the hospital for medical treatment. 14. Plaintiff Dorothy H. Brlansky sought medical treatment for vertigo, for pain in her right and left arms, shoulders, elbows, and hands, and for neck pain. 15. Plaintiff Dorothy H. Brlansky continues to suffer pain from theses injuries and continues to receive treatment. 16. The pain of the injuries suffered by Plaintiff Dorothy H. Brlansky as a result of the accident prevents or hinders her from participating in many routine, day-to-day activities as well as in other physical activities for extended time periods. COUNT I: NEGLIGENCE 17. Paragraphs 1-16 are incorporated herein as if set forth at length. 18. It was Defendant's duty to operate her vehicle with due care and caution, in accordance with the applicable statues and ordinances in effect at the aforesaid time and place. 19. At the aforesaid time and place, Defendant was guilty of one or more of the following careless and negligent acts or omissions: a. Defendant drove a vehicle in such a way as to follow another vehicle more closely than was reasonable and prudent. b. Defendant drove a vehicle without due regard for the speed of the vehicles and the traffic upon and the condition of the highway. c. Defendant drove a vehicle at a speed greater than was reasonable and prudent under the conditions and failed to regard the actual and potential hazards then existing. d. Defendant drove a vehicle at a speed greater than would permit Defendant to bring her vehicle to a stop within the assured clear distance ahead. e. Defendant failed to drive a vehicle at a safe and appropriate speed when approaching an intersection and when special hazards existed with respect to pedestrians or other traffic or by reason of weather or highway conditions. g. Defendant drove a vehicle in careless disregard for the safety of persons or property. Defendant drove a vehicle in willful or wanton disregard for the safety of persons or property. 20. As a direct and proximate result of one or more of the aforesaid careless and negligent acts or omissions, the vehicle driven by Defendant violently collided with Plaintiff Dorothy H. Brlansky's vehicle causing her vehicle to collide with Ms. Jones' vehicle. 21. As a direct and proximate result of the aforesaid collision, Plaintiff Dorothy H. Brlansky suffered injuries of a personal and pecuniary nature, including but not limited to: medical expenses, lost income, damage to property, pain and suffering, and physical and emotional trauma, all of which are permanent. WHEREFORE, Plaintiff Dorothy H. Brlansky, asks for a judgment in her favor and against Defendant Barbara Gorman in a sum in excess of $50,000.00. COUNT II: NEGLIGENCE PER SE 22. Paragraphs 1-21 are incorporated herein as if set forth at length. 23. At the aforesaid time and place, Defendant did negligently, carelessly and recklessly violate one or more of the following statutes that were designed to protect Plaintiff Dorothy H. Brlansky from harm and damages: a. 75 Pa.C.S. § 3310 (Following too closely) b. 75 Pa.C.S, § 3361 (Driving vehicle at safe speed) c. 75 Pa.C.S, § 3714 (Careless driving) d. 75 Pa.C.S. § 3736 (Reckless driving) 24. As a direct and proximate result of one or more of the aforesaid careless and negligent acts or omissions, the vehicle driven by Defendant violently collided with Plaintiff Dorothy H. Brlansky's vehicle causing her vehicle to collide with Ms. Jones' vehicle. 25. As a direct and proximate result of the aforesaid collision, Plaintiff Dorothy H. Brlansky suffered injuries of a personal and pecuniary nature, including but not limited to: medical expenses, lost income, damage to property, pain and suffering, and physical and emotional trauma, all of which are permanent. WHEREFORE, Plaintiff Dorothy H. Brlansky, asks for a judgment in her favor and against Defendant Barbara Gorman in a sum in excess of $50,000.00. COUNT III: PROPERTY DAMAGE 26, Paragraphs 1-25 are incorporated herein as if set forth at length. 27. As a direct and proximate result of the conduct of Defendant, as alleged herein, Plaintiffs were caused to suffer property damage in an amount, scope and extent not fully known and subject to proof at trial but approximately $4,537.00. WHEREFORE, Plaintiffs Dorothy H. Brlansky and Thomas J. Brlansky ask for a judgment in their favor and against Defendant Barbara Gorman in a sum not in excess of $50,000.00. COUNT IV: LOSS OF CONSORTIUM 28. Paragraphs 1-27 are incorporated herein as if set forth at length. 29. Prior to January 27, 2012, Plaintiff Thomas J. Brlansky was legally married to Plaintiff Dorothy H.'Brlansky, and as husband and wife, each became entitled to the companionship, society, guidance, material services and consortium of their respective spouses during the period of coverture. 30. As a result of the injuries to his spouse, Plaintiff Thomas J. Brlansky was deprived, and will in the future be deprived, of the companionship, society, guidance, material services and consortium of her spouse. WHEREFORE, Plaintiff, Thomas J. Brlansky, asks for a judgment in his favor and against Defendant in a sum in excess of $50,000.00. Respectfully Submitted, TURO ROBINSON Attorneys at Law Paul M. Ferguson Supreme Court No, 203293 • 129 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiffs VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 1144 Date VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Thomas J. Brlansky DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs vs. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : NO. 14 – 439 CIVIL ACTION : CIVIL ACTION - LAW BARBARA GORMAN, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Paul M. Ferguson, hereby certify that on this day, I served a true and correct copy of the foregoing Complaint, by depositing same in the United States Mail, first class, postage pre- paid, certified, return receipt requested, and regular mail, from Carlisle, Pennsylvania, addressed as follows: Randall G. Gale, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108 TURO ROBINSON Attorneys at Law 0`(7/1( Date Paul M. Ferguson— Supreme Ct. No. 203293 129 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiffs IMIMMMII I Randall G.Gale,Esquire Attorney LD.No.26149 THOMAS,THOMAS&HAFER,LLP 305 North Front Street P.0.Box 999 Harrisburg,PA 17108 Counsel for Defendant (717)255-7648 Barbara Gorman DOROTHY H. BRLANSKY and .• IN THE COURT OF COMMON PLEAS THOMAS J. BRLANSKY, :. OF CUMBERLAND COUNTY, PA Plaintiffs • • . No. 14-439 Civil Action v. • • . JURY TRIAL DEMANDED BARBARA GORMAN • Defendant • • ' -' , ..,,_ • V. . . .-- __< • _,. U) : SUSAN W. JONES CO Additional Defendant • . <Cj --D c.--•_., ,__.,.c- PRAECIPE TO SUBSTITUTE VERIFICATION —c -,r.,-,.. •- --.7.1 ":L:i. --; -----1 TO THE PROTHONOTARY: Please substitute the attached original verification of Barbara Gorman for the verification of Randall G. Gale, Esquire, on the recently-filed Complaint Against Additional Defendant, Susan W. Jones. Respectfully submitted, THO S,THO S & HAFER,LLP /I ii0v1V ti ' t _ 1 j0 Ai Date: 6, a 0'- t ci Ran.a G. Gale, Esquire I.D. No. 26149 P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7649 rgale@tthlaw.com 1 ; CERTIFICATE OF SERVICE I, Randall G. Gale,Esquire of the law firm Thomas, Thomas & Hafer LLP, certify that I have served a true and correct copy of the COMPLAINT AGAINST ADDITIONAL DEFENDANT on the following person(s)by placing same in the United States mail, postage prepaid, on the date set forth below: Paul M. Ferguson, Esquire TURO ROBINSON 129 S. Pitt Street Carlisle,PA 17013 Counsel for Plaintiff Susan W. Jones 516 South Mountain Road Dillsburg, PA 17019 THOMAS,THOMAS & HAFER,LLP edie ',dr e62,6 e, Ran.all G. Gale, Esquire Date: 2 VERIFICATION I, Barbara Gorman, have read the foregoing document which has been drafted by my counsel. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities, which provides that, if I knowingly make false averments, I may be subject to criminal penalties. Or°te e?_ lei • .444 Barbara Gorman DATE: 6o // ii{ DOROTHY H. BRLANSKY and : IN THE COURT OF COMMON PLEAS THOMAS J. BRLANSKY, : OF CUMBERLAND COUNTY, PA Plaintiffs : NO. 14—439 CIVIL ACTION vs. : CIVIL ACTION - LAW BARBARA GORMAN, : f r Defendant : JURY TRIAL DEMANDED - : zcv r*tcz .73F-- vs. : -r- cn (NO r4 • -C ' CO CD f"-X SUSAN W. JONES • ; -r; 4T, Additional Defendant : cF _g fir, --.m PLAINTIFFS' ANSWER TO DEFENDANT'S COMPLAINT AGAINST ADDITIONAL DEFENDANT SUSAN W.JONES AND NOW come Plaintiffs, Dorothy H. Brlansky and Thomas J. Brlansky, by and through their attorneys, Turo Robinson Attorneys at Law, and set forth the following Answer to Defendant's Complaint Against Additional Defendant Susan W. Jones: 1. Neither admitted nor denied as the averment is part of a complaint addressed to a third party. To the extent a response is required, the averment is admitted. 2. Neither admitted nor denied as the averment is part of a complaint addressed to a third party. To the extent a response is required, the averment is admitted. 3. Neither admitted nor denied as the averment is part of a complaint addressed to a third party. To the extent a response is required, the averment is admitted. 3. (sic)Neither admitted nor denied as the averment is part of a complaint addressed to a third party. To the extent a response is required, the averment is admitted. 4. Neither admitted nor denied as the averment is part of a complaint addressed to a third party. To the extent a response is required, the averment is admitted. 5. Neither admitted nor denied as the averment is part of a complaint addressed to a third party. To the extent a response is required, Plaintiffs deny the injuries or damages to Plaintiffs were not caused by Defendant Barbara Gorman's negligence, carelessness or recklessness. After reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the remainder of the averment, therefore the remainder of the averment is denied. • 6. Neither admitted nor denied as the averment is part of a complaint addressed to a third party. To the extent a response is required, Plaintiffs deny the injuries or damages to Plaintiffs were not caused by Defendant Barbara Gorman. After reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the remainder of the averment, therefore the remainder of the averment is denied. 7. Neither admitted nor denied as the averment is part of a complaint addressed to a third party. To the extent a response is required, after reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averment, therefore the averment is denied. WHEREFORE, Plaintiffs Dorothy H. Brlansky and Thomas J. Brlansky ask for a judgment in their favor and against Defendant Barbara Gorman. Respectfully Submitted, TURO ROBINSON Attorneys at Law 00A37/4( Date Paul M. Fergus.• Supreme Court No. 203293 129 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiffs VERIFICATION I verify that the statements made in the foregoing Plaintiffs' Answer to Defendant's Complaint Against Additional Defendant Susan W. Jones are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Loladhui 0 L. I 40 .41 Date Dorothy Br . sky gy VERIFICATION I verify that the statements made in the foregoing Plaintiffs' Answer to Defendant's Complaint Against Additional Defendant Susan W. Jones are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Amor io ate Thomas J. Brlansky DOROTHY H. BRLANSKY and : IN THE COURT OF COMMON PLEAS THOMAS J. BRLANSKY, : OF CUMBERLAND COUNTY, PA Plaintiffs : NO. 14—439 CIVIL ACTION vs. : CIVIL ACTION - LAW BARBARA GORMAN, Defendant : JURY TRIAL DEMANDED vs. • • SUSAN W. JONES • Additional Defendant • CERTIFICATE OF SERVICE I,Paul M. Ferguson,hereby certify that on this day, I served a true and correct copy of the foregoing Plaintiffs' Answer to Defendant's Complaint Against Additional Defendant Susan W. Jones,by depositing same in the United States Mail, from Carlisle, Pennsylvania, addressed as follows: Randall G. Gale,Esquire Thomas, Thomas &Hafer, LLP P.O. Box 999 Harrisburg,PA 17108 Susan W. Jones 615 South Mountain Road Dillsburg,PA 17019 TURO ROBINSON Attorneys at Law Oty9,3/(r A011.fr Da Paul M. Fergus.- Supreme Ct. No. 203293 129 South Pitt Street Carlisle, PA 17013 (717)245-9688 Attorney for Plaintiffs MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Timothy J. McMahon, Esquire PA Attorney ID# 52918 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 717-651-3505 Email: tjmcmahon@mdwcg.com Attorney for Defendant Susan W. Jones DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY Plaintiffs v. BARBARA GORMAN Defendant and SUSAN W. JONES Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW NO. 2014 -439 -CV JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel on behalf of Defendant, Susan W. Jones, with respect to the above -referenced matter. MARSHALL, DENNEHEY, WARNER, COLE 1 AN & , OGGIN Timothy J. ` Mahon PA Attorney D #52918 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 (717) 651-3505; Fax: (717) 651-3707 Attorney for Defendant Susan W. Jones CERTIFICATE OF SERVICE I, Debra A. Kampmeyer , an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 1st day of July, 2014, I served a copy of the Entry of Appearance, via First Class United States mail, postage prepaid as follows: Paul M. Ferguson, Esquire Turo Robinson 129 S. Pitt Street Carlisle, PA 17013 Attorney for Plaintiffs Randall Gale, Esquire Thomas, Thomas & Hafer 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-999 Attorney for Defendant Gorman ebra A. Kampme}ter 05/1244747.v1 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Timothy J. McMahon, Esquire PA Attorney ID# 52918 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 717-651-3505 Email: tjmcmahon@mdwcg.com Attorney for Defendant Susann W. Jones lilt, JAL /4O "4 . SU, Pm 2' l 9 W19 E PENNSYLAND VANIA r,� DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY Plaintiffs v. BARBARA GORMAN Defendant and SUSAN W. JONES Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW NO. 2014 -439 -CV JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Dorothy H. Brlansky and Thomas J. Brlansky, Plaintiffs c/o Paul M. Ferguson, Esquire Turo Robinson 129 South Pitt Street Carlisle, PA 17013 Attorney for Plaintiffs You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be filed against you MARSHALL, DENNEHEY, WARNER, COLEMAN & G GGIN Tinfothj' J. : hon PA Attorne D #52918 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 (717) 651-3505; Fax: (717) 651-3707 Attorney for Defendant Susann W. Jones MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Timothy J. McMahon, Esquire PA Attorney ID# 52918 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 717-651-3505 Email: tjmcmahon@mdwcg.com Attorney for Defendant Susann W. Jones DOROTHY H. BRLANSKY IN THE COURT OF COMMON PLEAS and CUMBERLAND COUNTY, THOMAS J. BRLANSKY PENNSYLVANIA Plaintiffs v. CIVIL ACTION — LAW BARBARA GORMAN Defendant and SUSAN W. JONES Defendant TO: Barbara Gorman, Defendant c/o Randall Gale, Esquire Thomas, Thomas & Hafer 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-999 NO. 2014 -439 -CV JURY TRIAL DEMANDED NOTICE TO PLEAD You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. MARSHALL, DENNEHEY, WARNER, COLEMAN & GGIN TimothJ.¢M hon PA Attorney\[D 52918 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 (717) 651-3505; Fax: (717) 651-3707 Attorney for Defendant Susann W. Jones MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Timothy J. McMahon, Esquire PA Attorney ID# 52918 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 717-651-3505 Email: tjmcmahon@mdwcg.com Attorney for Defendant Susann W. Jones DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY Plaintiffs v. BARBARA GORMAN Defendant and SUSAN W. JONES Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW NO. 2014 -439 -CV JURY TRIAL DEMANDED ANSWER WITH NEW MATTER TO DEFENDANT BARBARA GORMAN'S JOINDER COMPLAINT AS AGAINST ADDITIONAL DEFENDANT SUSANN W. JONES 1. Denied. After reasonable investigation and inquiry, Additional Defendant Susann W. Jones is without information sufficient to form a belief as to the truth of the allegations set forth in this paragraph and accordingly these allegations are denied. Proof thereof is demanded to the extent relevant. 2. Denied. After reasonable investigation and inquiry, Additional Defendant Susann W. Jones is without information sufficient to form a belief as to the truth of the allegations set forth in this paragraph and accordingly these allegations are denied. Proof thereof is demanded to the extent relevant. 3. Admitted. 4 (sic). It is admitted only that a copy of Plaintiffs Complaint is attached as Exhibit "A" to the Joinder Complaint by Defendant Barbara Gorman as alleged. No further response is required to the allegations set forth in this paragraph. 4. Denied as stated. The allegations set forth in this paragraph reference a writing, specifically Plaintiffs' Complaint, which in its entirety speaks for itself. 5. Denied. The allegations set forth in this paragraph are denied as conclusions of law within the meaning of Pa. R.C.P. 1029 and particularly, the allegations set forth in this paragraph and its sub -paragraphs (a -h) are denied and proof thereof is demanded to the extent relevant. 6. Denied. The allegations set forth in this paragraph are denied as conclusions of law within the meaning of Pa. R.C.P. 1029 and accordingly these allegations are denied and proof thereof is demanded to the extent relevant. 7. Denied. The allegations set forth in this paragraph are denied as conclusions of law within the meaning of Pa. R.C.P. 1029 and accordingly these allegations are denied and proof thereof is demanded to the extent relevant. NEW MATTER DIRECTED TO PLAINTIFFS DOROTHY H. BRLANSKY AND THOMAS J. BRLANSKY 8. Plaintiffs have pleaded no cause of action as against Additional Defendant Susann W. Jones upon which relief may be granted as a matter of law. 9. Plaintiffs' claims may be barred under and/or limited by the actions of the Pennsylvania Motor Vehicle Financial Responsibility law. 10. Additional Defendant Susann W. Jones breached no duty of care owed to Plaintiffs under the material and well -pleaded circumstances set forth in Plaintiffs' Complaint. 11. Such claims as Plaintiffs or either of them may have had as against Susann W. Jones are barred by the Statute of Limitations as a matter of law. WHEREFORE, Additional Defendant Susann W. Jones requests judgment in her favor and against Plaintiffs together with such other relief as this Court shall deem appropriate. NEW MATTER DIRECTED TO DEFENDANT BARBARA GORMAN 12. The Joinder Complaint of Defendant Barbara Gorman as against Additional Defendant Susann W. Jones fails to state a claim upon which relief may be granted as a matter of law. 13. No act, omission or other liability producing conduct on the part of Susann W. Jones was the cause in fact and/or the legal cause of Plaintiffs' alleged injuries, all such injuries being expressly denied. 14. Additional Defendant Susann W. Jones reserves her right to raise one or more of those defenses set forth at Pa. R.C.P. 1030 as applicable. 15. The motor vehicle accident described by Plaintiffs in their Complaint was caused by acts and/or omissions on the part of Defendant Barbara Gorman and not by any act or omission on the part of Additional Defendant Susann W. Jones as a matter of law. 16. Additional Defendant Susann W. Jones owes neither contribution nor indemnification to Defendant Barbara Gorman in this action as a matter of law. 17. Sole liability to Plaintiffs, in any, rests with a party other than Additional Defendant Susann W. Jones including Barbara Gorman. WHEREFORE, Additional Defendant Susann W. Jones demands judgment in her favor and against Defendant Barbara Gorman together with such other relief as this Court shall deem appropriate. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN .4 r Air Timot y J. Mc t ho PA Attorney ID #52918 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 (717) 651-3505; Fax: (717) 651-3707 Attorney for Defendant Susann W. Jones VERIFICATION I, Susann W. Jones, Additional Defendant herein, verify that the facts set forth in the Answer with New Matter and New Matter Crossclaims are true and correct to the best of my knowledge, information and belief. If the above statements are not true, the deponent is subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. (A) "-)07,--0----- Susann W. Jones Dated: CERTIFICATE OF SERVICE I, Barbara E. Steel, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this % ! day of , 2014, I served a copy of the Answer with New Matter and New Matter Crossclaims, via First Class United States mail, postage prepaid as follows: Paul M. Ferguson, Esquire Turo Robinson 129 South Pitt Street Carlisle, PA 17013 Attorney for Plaintiffs Randall Gale, Esquire Thomas, Thomas & Hafer 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-999 Attorney for Defendant Gorman Barbara E. Steel 05/1244804.v I SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~-~�^~~~~~~~ ^�~ ~~ -~- Ronny RAndenamn Sheriff JodyS Smith ° �> ! IK | 7 r� Chief Deputy Richard W Stewart x Solicitor w='um*prEm�emWp �F���y[V�.>�|: Dorothy J Brlansky Case Number vs. 2014-439 Barbara SGorman (et ai) SHERIFF'S RETURN OF SERVICE 06/11/2014 Sheriff Ronny R Andersonbeing duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Susan W Jones, buwas unable to locate the Defendanin the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Complaint Joining Additional Defendant according to law. 06/24/2014 10:30 AM-The requested Complaint Joining Additional Defendant served by the Sheriff of York County upon Robert Jones, Son of defendant,who accepted for Susan W Jones, at 516 South Mountain Road, Dillsburg, PA 17019. Richard P. Keuerleber, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $3749 SO ANSWERS, July 14, 2014 RONNYRANDERSON, SHERIFF A �"=o .= • SHERIFF'S OFFICE OF YORK COUNTY Richard P KeuerleberS GFR PETERJ. MANGAN, ESQ. Sheriff y�` � Solicitor 0 Michael S. Hose Richard E Rice, II Chief Deputy, Operations czyX,,- Chief Deputy, Administration DOROTHY H. BRLANSKY Case Number vs. BARBARA GORMAN (et al.) 14-439 CIVIL SHERIFF'S RETURN OF SERVICE 06/24/2014 10:30 AM - DEPUTY TAYLOR ECK, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT TO JOIN ADDITIONAL DEFENDANT(CTJAD) BY HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE ROBERT JONES, SON, WHO ACCEPTED AS"ADULT PERSON IN CHARGE" FOR SUSAN W. JONES AT 615 SOUTH MOUNTAIN ROAD, DILLSBURG, PA 17019. TAYLOR ECK, DEPUTY SHERIFF COST: $114.84 SO ANSWERS, / ,- - -- _ July 03, 2014 RICH' 'D P KEU 'LEBER, SHERIFF COMMONWEALTH OF P NNSY_V. Nor,;rial Seal Lisa L.Thorpe, Notory PubilC City of York, York County My Commission Expires Aug, 12,2017 MEMBER,FEtt YLVAtfA • e 1• NOTARY Affirmed and subscribed to before me this f 3RD day of JULY , 2014 / / / �� fro ff T.eieq,of, c ic1 or.mty;uite:;hc,...� . ..in... DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs vs. BARBARA GORMAN, Defendant vs. SUSAN W. JONES Additional Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : NO. 14 - 439 CIVIL ACTION rnt33 C-- : CIVIL ACTION - LAW r -- v), -<--- r. : JURY TRIAL DEMANDED r-=,-, < *--- '10 • Z c) -G- -.,-, PLAINTIFFS' REPLY TO ADDITIONAL DEFENDANT SUSAN W. JONES' NEW MATTER DIRECTED TO PLAINTIFFS AND NOW come Plaintiffs, Dorothy H. Brlansky and Thomas J. Brlansky, by and through their attorneys, Turo Robinson Attorneys at Law, and set forth the following Reply to Additional Defendant Susan W. Jones' New Matter Directed to Plaintiffs: 8. Denied. Paragraph 8 of Defendant's New Matter is a conclusion of law to which no response is required. To the extent a response is required, the averment is denied. 9. Denied. Paragraph 9 of Defendant's New Matter is a conclusion of law to which no response is required. To the extent a response is required, the averment is denied. 10. Denied. Paragraph 10 of Defendant's New Matter is a conclusion of law to which no response is required. To the extent a response is required, the averment is denied. 11. Denied. Paragraph 11 of Defendant's New Matter is a conclusion of law to which no response is required. To the extent a response is required, the averment is denied. WHEREFORE, Plaintiffs Dorothy H. Brlansky and Thomas J. Brlansky ask for a judgment in their favor and against Defendants. Date / f Paul M. Ferguson Supreme Court No. 203293 129 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiffs Respectfully Submitted, TURO ROBINSON Attorneys at Law VERIFICATION I verify that the statements made in the foregoing Plaintiffs' Reply to Additional Defendant Susan W. Jones' New Matter Directed to Plaintiffs are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 7f ay[lY Date VERIFICATION I verify that the statements made in the foregoing Plaintiffs' Reply to Additional. Defendant Susan W. Jones' New Matter Directed to Plaintiffs are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 7/alf/P( Date DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs vs. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : NO. 14 — 439 CIVIL ACTION : CIVIL ACTION - LAW BARBARA GORMAN, Defendant : JURY TRIAL DEMANDED vs. SUSAN W. JONES Additional Defendant CERTIFICATE OF SERVICE I, Paul M. Ferguson, hereby certify that on this day, I served a true and correct copy of the foregoing Plaintiffs' Reply to Additional Defendant Susan W. Jones' New Matter Directed to Plaintiffs, by depositing same in the United States Mail, from Carlisle, Pennsylvania, addressed as follows: 17 Da e Paul M. Ferguso Supreme Ct. No. 203293 129 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiffs Timothy J. McMahon, Esquire Marshall Dennehey 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 Randall G. Gale, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108 TURO ROBINSON Attorneys at Law ED-OFFICE THE P;OTH0t0TAR'r 20141 AUG 22 PM§ I2: 22 CUMBERLAND COUNTY PENNSYLVANIA MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Timothy J. McMahon, Esquire PA Attorney ID# 52918 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 717-651-3505; Fax 717-651-3707 Email: tjmcmahon@mdwcg.com Attorney for Defendant Susan W. Jones DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY Plaintiffs v. BARBARA GORMAN Defendant and SUSAN W. JONES Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW NO. 2014 -439 -CV JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendants certify that: (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed to each party providing notice that the records were going to be obtained; (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 made or received, and/or counsel for the Plaintiffs has agreed to waive the twenty (20) day notice, and 05/1267328.v1 ORIGINAL (4) The subpoena which will be served is identical to the subpoena which is attached to the notices of intent to serve the subpoena. DATE: 05/1267328.v1 Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Timothy J. cMahon PA Atto 1 ID #52918 100 Corp ate Center Drive, Suite 201 Camp Hill, PA 17011 (717) 651-3505 FAX (717) 651-3707 Attorney for Defendant Susan W. Jones MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Timothy J. McMahon, Esquire PA Attorney ID# 52918 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 717-651-3505; Fax 717-651-3707 Email: tjmcmahon@mdwcg.com Attorney for Defendant Susan W. Jones DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY Plaintiffs v. BARBARA GORMAN Defendant and SUSAN W. JONES Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW NO. 2014 -439 -CV JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO PA.R.C.P. 4009.21 TO: Dorothy H. Brlansky and Thomas J. Brlansky, Plaintiffs c/o Paul M. Ferguson, Esquire Turo Robinson 129 South Pitt Street Carlisle, PA 17013 Counsel for Plaintiffs Timothy J. McMahon, Esquire, intends to serve a subpoena identical to the one 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 05/1251978.v1 1 subpoena may be served. DATE: (/ /mac"( 05/1251978.v1 Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN TimolhyV. Mahon PA Attorney #52918 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 (717) 651-3505 FAX (717) 651-3707 Attorney for Defendant Susan W. Jones MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Timothy J. McMahon, Esquire PA Attorney ID# 52918 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 717-651-3505; Fax 717-651-3707 Email: tjmcmahon@mdwcg.com Attorney for Defendant Susan W. Jones DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY Plaintiffs v. BARBARA GORMAN Defendant and SUSAN W. JONES Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW NO. 2014 -439 -CV JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Karl L. Stefan, Esquire Forry Ullman, Walnut Hill Plaza, 150 South Warner Rd., Suite 450, King of Prussia, PA, 19406 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or thing: Any and all medical records and medical reports, sworn testimony including, but not limited to, an Examination Under Oath, property damage estimates concerning the vehicle in which Dorothy Brlansky was an occupant on September 26, 2009, together with any and all photographs in your possession, custody and/or control of anyone on whose behalf you are acting of that vehicle in which Dorothy Brlansky was an occupant on September 26, 2009. at: Marshall, Dennehey, Warner, Coleman & Goggin, 100 Corporate Center Drive, Suite 201, Camp Hill, PA 17011 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: Timothy J. McMahon, Esquire ADDRESS: Marshall Dennehey Warner Coleman & Goggin, 100 Corporate Center Drive, Suite 201. Camp Hill, PA 17011 TELEPHONE: (717) 651-3505 SUPREME COURT ID# 52918 ATTORNEY FOR: Defendant Susan W. Jones DATE: Seal of the Court 05/1251948.v1 By the Court: Prothonotary Deputy CERTIFICATE OF SERVICE I, Susan Hepp, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this % iday of c1( , 2014, I served a copy of the foregoing Notice of Intent via First Class United States mail, postage prepaid, as follows: Paul M. Ferguson, Esquire Turo Robinson 129 S. Pitt Street Carlisle, PA 17013 Counsel for Plaintiffs Randall Gale, Esquire Thomas, Thomas & Hafer 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Counsel for Defendant Barbara Gorman 05/1251978.v1 2 CERTIFICATE OF SERVICE I, Susan Hepp, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this day of � ,a,/t2014, 2014, I served a copy of the foregoing Certificate Prerequisite via First Class United States mail, postage prepaid, as follows: Paul M. Ferguson, Esquire Turo Robinson 129 S. Pitt Street Carlisle, PA 17013 Counsel for Plaintiffs Randall Gale, Esquire Thomas, Thomas & Hafer 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Counsel for Defendant Barbara Gorman Susan Hepp 05/1267328.v1 Randall G. Gale, Esquire Attorney I.D. No. 26149 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7648 DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs v. BARBARA GORMAN Defendant v. kir PROTHOICt 2014 AUG 27 PH 1: CUMBERLAND PENNSYLVA!A orneysforDefendant Barbara Gorman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14-43 9 Civil Action JURY TRIAL DEMANDED SUSAN W. JONES Additional Defendant DEFENDANT BARBARA GORMAN'S REPLY TO NEW MATTER OF ADDITIONAL DEFENDANT, SUSAN W. JONES AND NOW, comes the Defendant, Barbara Gorman, who files this Reply to New Matter of Additional Defendant, Susan W. Jones - _ 12-17. Denied. The averments of Paragraphs 12 through 17 of the New 'Matter of Additional Defendant Susan W. Jones are conclusions of law to which no response is required. To the extent a response may be deemed to be required, the averments are denied and put in issue pursuant to Pa.R.Civ.P. 1029(e). WHEREFORE, the Defendant Barbara Gorman demands that judgment be entered in her favor and against all other parties to this action. Dated: -016A By: THOMAS, THOMAS & HAFER, LLP 4 Ran all G. Gale, Esquire Atty. I.D. #: 26149 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7648 VERIFICATION I, Randall G. Gale, Esquire, of the law firm of THOMAS, THOMAS & HAFER, LLP, hereby verify that we are the attorneys of record for the Defendant Barbara Gorman, that as such I am authorized to make this Verification and that the information set forth in the foregoing Reply to New Matterr is true and correct to the best of my knowledge, information, and belief. Date: CERTIFICATE OF SERVICE -I, Randall G. Gale, Attorney for Thomas, Thomas & Hafer, LLP, hereby certify that a copy of the foregoing document was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Date: Paul M. Ferguson, Esquire TURO ROBINSON 129 S. Pitt Street Carlisle, PA 17013 Timothy J. McMahon, Esquire Marshall Dennehey Warner Coleman and Goggin Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 By: THOM S, THOMAS & HAFER, LLP frjai Rangy G. Gale, Esquire Attorney I.D. # 26149 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7643 Randall G. Gale, Esquire Attorney I.D. No. 26149 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P. 0. Box 999 Harrisburg, PA 17108 (717) 255-7648 DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs V. BARBARA GORMAN Defendant V. SUSAN W. JONES Additional Defendant FILED -OFFICE' CF THE F'R 0 THOND TAR Y 20111 SEP 16 tM 31 CUMBERL AND COUNTY PENNS ¥LVAIA Counsel for Defendant Barbara Gorman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14-439 Civil Action JURY TRIAL DEMANDED 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 September 4, 2014, to serve subpoenas upon the following entities: a. b. C. d. e. f. g. h. 1. J. k. HealthSouth; Employment Skills Center; Temple University Hospital; Magnetic Imaging Center; W. Scott Setzer, M.D.; McCuen & Associates Physical Therapy; Orthopaedic Surgeons of Central PA; Carlisle Digestive Disease Associates; Wills Eye Hospital; Appalachian Orthopedic Center; Hospital of the University of Pennsylvania; 1. Main Line Oncology Hematology; m. Robert Weiss, M.D.; n. Quantum Imaging; o. ENT Surgery Group; P. Urology of Central PA; q. Excellence Diabetes Endocrinology & Metabolism Center; r. Carlisle Regional Medical Center; s. Central PA Hematology Oncology Associates; t. Pennsylvania Neurological Associates; u. Carlisle Neurocare; v. Harrisburg Interventional Pain Management; w. Mid -Atlantic Retina Specialists; x. Hoover Physical Therapy; y. Susquehanna Valley Pain Management; z. Pinnacle Health Neurosurgery & Neuroscience; aa. Heritage MRI; bb. Good Hope Family Physicians; cc. Jatto's Internal Medicine & Wellness, PC; and, dd. Holy Spirit Hospital. 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. by: Respectfully submitted, THOMAS, THOMAS & HAFER, LLP ndall G. Gale, I.D. No. 26149 305 North Front Street, 6th Floor Post Office Box 999 Harrisburg, PA 17108 717-255-7648 rgale@tthlaw.com Attorneys for Defendant squire Randall G. Gale, Esquire Attorney I.D. No. 26149 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7648 DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs v. BARBARA GORMAN Defendant v. SUSAN W. JONES Additional Defendant Counsel for Defendant Barbara Gorman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14-439 Civil Action JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: COUNSEL AND ALL PARTIES Defendant intends to serve subpoenas upon the following entities, identical to the ones attached to this Notice: a. HealthSouth; b. Employment Skills Center; c. Temple University Hospital; d. Magnetic Imaging Center; e. W. Scott Setzer, M.D.; f. McCuen & Associates Physical Therapy; g. Orthopaedic Surgeons of Central PA; h. Carlisle Digestive Disease Associates; i. Wills Eye Hospital; j. Appalachian Orthopedic Center; k. Hospital of the University of Pennsylvania; I. Main Line Oncology Hematology; m. Robert Weiss, M.D.; n. Quantum Imaging; o. ENT Surgery Group; P. Urology of Central PA; q. Excellence Diabetes Endocrinology & Metabolism Center; r. Carlisle Regional Medical Center; s. Central PA Hematology Oncology Associates; t. Pennsylvania Neurological Associates; u. Carlisle Neurocare; v. Harrisburg Interventional Pain Management; w. Mid -Atlantic Retina Specialists; x. Hoover Physical Therapy; y. Susquehanna Valley Pain Management; z. Pinnacle Health Neurosurgery & Neuroscience; aa. Heritage MRI; bb. Good Hope Family Physicians; cc. Jatto's Internal Medicine & Wellness, PC; and, dd. Holy Spirit Hospital. 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. Date: By: Respectfully submitted, Thomas, Thomas & Hafer, LLP Randall G. Gale, Esquire I.D. No. 26149 305 North Front Street P. 0. Box 999 Harrisburg, PA 17108 (717) 237-7100 Counsel for Defendant L/u DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs V. BARBARA GORMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14-439 Civil Action JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Employment Skills Center, 29 S. Hanover Street, Carlisle, PA 17103 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 the entire employment/personnel file regarding Dorothy H. Brlansky (DOB 3/21/54), including but not limited to: all medical records, correspondence, notes, payroll slips, wage information, application for employment, grievances, performance reviews, job description, documents prepared for any and all accidents involving Plaintiff while working. W2s, all worker's compensation documents, 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: Randall G. Gale, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 Al fORNEY ID#: 26149 A if ORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Pro ono C erk, Civil Division Deputy DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs V. BARBARA GORMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14-439 Civil Action JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HealthSouth, 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 Dorothy H. Brlansky (DOB 3/21/54) including but not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda, any and all medical bills, 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, rep orts / 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: Randall G. Gale, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 ArIORNEY ID#: 26149 Al IORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs v. BARBARA GORMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No.14-439 Civil Action JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22. TO: Temple University Hospital, 1801 N. Broad Street, Philadelphia, PA 19122 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 Dorothy H. Brlansky (DOB 3/21/54) including but not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda, any and all medical bills, 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: Randall G. Gale, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 ATTORNEY ID#: 26149 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs V. BARBARA GORMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14-439 Civil Action JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Magnetic Imaging Center, 4665 Trindle Rd., 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 Dorothy H. Brlansky (DOB 3/21/54) including but not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda, any and all medical bills, 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: AI ORNEY ID#: ATTORNEY FOR: BY THE COURT: Randall G. Gale, Esquire P.O. Box 999. Harrisburg, PA 17108-0999 (717) 441-3960 26149 Defendant DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs v. BARBARA GORMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14-439 Civil Action JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: W. Scott Setzer, M.D., 645 N. 12th Street, Lemoyne, PA 17043 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 Dorothy H. Brlansky (DOB 3/21/54) . including but not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda, any and all medical bills, hospital records/reports, physical therapy records/reports, radiological reports and fihns (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: Randall G. Gale, Esquire P.O. Box 999, Harrisburg, PA 17108-0999 (717) 441-3960 26149 Defendant DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs BARBARA GORMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14-439 Civil Action JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO. RULE 4009.22 TO: McCuen & Assoc. Physical Therapy, 240 Grandview Ave., Ste. 101, 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 Dorothy H. Brlansky (DOB 3/21/54) including but not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda, any and all medical bills, 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: Randall G. Gale, Esquire P.O. Box 999, Harrisburg, PA 17108-0999 (717) 441-3960 26149 Defendant DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs v. BARBARA GORMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14-439 Civil Action JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Orthopaedic Surgeons of Central PA, 4518 Union Deposit Rd., Harrisburg, PA 17111 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 Dorothy H. Brlansky (DOB 3/21/54) including but not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda, any and all medical bills, 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: Randall G. Gale, Esquire P.O. Box 999, Harrisburg, PA 17108-0999 (717) 441-3960 26149 Defendant DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs v. BARBARA GORMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14-439 Civil Action JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR:DISCOVERY PURSUANT TO .RULE 4009.22 TO: Carlisle. Digestive Disease Associates, 241 Alexander Spring Road, Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of the entire medical chart/file regarding Dorothy H. Brlansky (DOB 3/21/54) including but not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda, any and all medical bills, 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: Randall G. Gale, Esquire P.O. Box 999, Harrisburg, PA 17108-0999 (717) 441-3960 26149 Defendant DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs v. BARBARA GORMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14-439 Civil Action JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FORDISCOVERY PURSUANT TO RULE 4009.22 TO: Wills Eye Hospital, 900 Walnut Street, Philadelphia, PA 19107 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 Dorothy H. Brlansky (DOB 3/21/54) including but not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda, any and all medical bills, 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/os 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: Randall G. Gale, Esquire P.O. Box 999, Harrisburg, PA 17108-0999 (717) 441-3960 26149 Defendant DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs v. BARBARA GORMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14-439 Civil Action JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Appalachian Orthopedic Center, 1 Dunwoody Drive, Carlisle, PA 17015 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of the entire medical chart/file regarding Dorothy H. Brlansky (DOB 3/21/54) including but not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda, any and all medical bills, 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: Randall G. Gale, Esquire P.O. Box 999, Harrisburg, PA 17108-0999 (717) 441-3960 26149 Defendant DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs v. BARBARA GORMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14-439 Civil Action JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hospital of the University of Pennsylvania, 3930 Chestnut Street, Philadelphia, PA 19104 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 Dorothy H. Brlansky (DOB 3/21/54) including but not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda, any and all medical bills, 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: Randall G. Gale, Esquire P.O. Box 999, Harrisburg, PA 17108-0999 (717) 441-3960 26149 Defendant DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs V. BARBARA GORMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14-439 Civil Action JURY TRIAL DEMANDED • SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Main Line Oncology Hematology, 100 Lancaster Ave., Wynnewood., PA 19096 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 Dorothy H. Brlansky (DOB 3/21/54) including but not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda, any and all medical bills, 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: AfIORNEY ID #: ATTORNEY FOR: BY THE COURT: Randall G. Gale, Esquire P.O. Box 999, Harrisburg, PA 17108-0999 (717) 441-3960 26149 Defendant DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs v. BARBARA GORMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14-439 Civil Action JURY TRIAL DEMANDED SUBPOENA TO PRODUCE. DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Robert Weiss., M.D., 191 Presidential Blvd., Ste. C135, Bala Cynwyd, PA 19004 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 Dorothy H. Brlansky (DOB 3/21/54) including but not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda, any and all medical bills, 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: Randall G. Gale, Esquire P.O. Box 999, Harrisburg, PA 17108-0999 (717) 441-3960 26149 Defendant DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs v. BARBARA GORMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14-439 Civil Action JURY TRIAL DEMANDED SUBPOENA TO PRODUCE,DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO. RULE 4009.22 TO: Quantum Imaging, 629D, Lowther Road, Lewisberry, PA 17339 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 Dorothy H. Brlansky (DOB 3/21/54) including but not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda, any and all medical bills, 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: Randall G. Gale, Esquire P.O. Box 999, Harrisburg, PA 17108-0999 (717) 441-3960 26149 Defendant DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, • Plaintiffs v. BARBARA GORMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14-439 Civil Action JURY TRIAL DEMANDED SUBPOENA TO PRODUCEDOCUMENTS OR THINGS: FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: ENT Surgery Group, 425 N. 216` Street, Ste. 301, 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 Dorothy H. Brlansky (DOB .3/21/54) including but not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda, any and all medical bills, hospital records/reports, physical therapy records/reports, radiological reports and fihns (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: Randall G. Gale, Esquire P.O. Box 999, Harrisburg, PA 17108-0999 (717) 441-3960 26149 Defendant DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs V. BARBARA GORMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14-439 Civil Action JURY TRIAL DEMANDED SUBPOENA. TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400912 TO: Urology of Central PA, 423 N. 21" Street, Ste. 300, 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 Dorothy H. Brlansky (DOB 3/21/54) including but not limited to: office notes, doctor's records /reports /correspondence/notes /memoranda, any and all medical bills, 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: Randall G. Gale, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 Al ORNEY ID#: 26149 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs V. BARBARA GORMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14-439 CivilAction JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400922 TO: Excellence Diabetes Endocrinology & Metabolism Center, 1000 Front Street, Suite 400, Wormleysburg, PA 17043 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 Dorothy FL Brlansky (DOB 3/21/54) including but not limited to: office notes, doctor's records /reports/correspondence/notes/memoranda, any and all medical bills, 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 FON OWING PERSON: NAME: ADDRESS: TEl EPHONE: A LI_ ORNEY ID#: ATTORNEY FOR: BY THE COURT: Randall G. Gale, Esquire P.O. Box 999, Harrisburg, PA 17108-0999 (717) 441-3960 26149 Defendant DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs v. BARBARA GORMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14-439 Civil Action JURY TRIAL DEMANDED • SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Regional Medical Center, 361 Alexander Spring Road, Carlisle, PA 17015 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of the entire medical chart/file regarding Dorothy H. Brlansky (DOB 3/21/54) including but not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda. any and all medical bills, 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: A ri ORNEY ID#: ATTORNEY FOR: BY THE COURT: Randall G. Gale, Esquire P.O. Box 999 Harrisburg, PA 17108-0999 (717) 441-3960 26149 Defendant DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs v. BARBARA. GORMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14-439 Civil Action JURY TRIAL DEMANDED SUBPOENA TO PR,ODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Central PA Hematology Oncology Associates, Upper Level, 50 North 12, Street, Lemoyne, PA 17043 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 Dorothy H. Brlansky (DOB 3/21/54) including but not limited to: office notes, doctor's records/reports/correspondence/notes /memoranda, any and all medical bills, 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: Randall G. Gale, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 AT1ORNEYID#: 26149 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs v. BARBARA GORMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14-439 Civil Action JURY TRIAL DEMANDED • SUBPOENA TO.PRODUCE DOCUMENTS OR. THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pennsylvania Neurological Associates, 110 Lowther Street Lemoyne, PA 17043 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 Dorothy H. Brlarislcy (DOB 3/21/54) including but not limited to: office notes, doctor's records /reports /correspondence /notes /memoranda, any and all medical bills, 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 FOT.T.OWING PERSON: NAME: ADDRESS: TELEPHONE: AI ORNEY ID#: AIIORNEY FOR: BY THE COURT: Randall G. Gale, Esquire P.O. Box 999, Harrisburg, PA 17108-0999 (717) 441-3960 26149 Defendant DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs v. BARBARA GORMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14-439 Civil Action JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS' *• FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Neurocare, 220 Wilson Street, Suite 210, Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of the entire medical chart/file regarding Dorothy H. Brlansky (DOB 3/21/54) including but not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda, any and all medical bills, 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: Ail ORNEY ID#: A El ORNEY FOR: BY THE COURT: Randall G. Gale. Esquire P.O. Box 999, Harrisburg, PA 17108-0999 (717) 441-3960 26149 Defendant DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs v. BARBARA GORMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14-439 Civil Action JURY TRIAL DEMANDED • SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Harrisburg Interventional Pain Management, 825 Sir Thomas Court, Suite A, Harrisburg, PA 17109 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of the entire medical chart/file regarding Dorothy H. Brlansky (DOB 3/21/54) including but not limited to: office notes, doctor's records /reports /correspondence/notes /memoranda, any and all medical bills, 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 FOT T,OWING PERSON: NAME: Randall G. Gale, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 • Al 1 ORNEY ID#: 26149 A1-1 ORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs v. BARBARA GORMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14-439 Civil Action JURY TRIAL DEMANDED •SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Mid -Atlantic Retina Specialists, 100 Presidential Boulevard, Suite 100, Bala Cynwyd, PA 19004 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 Dorothy H. Brlansky (DOB 3/21/54) including but not limited to: office notes, doctor's records /reports /correspondence /notes /memoranda, any and all medical bills, 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: A I I ORNEY ID#: A I ORNEY FOR: BY THE COURT: Randall G. Gale, Esquire P.O. Box 999, Harrisburg, PA 17108-0999 (717) 441-3960 26149 Defendant DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs v. BARBARA GORMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14-439 Civil Action JURY TRIAL DEMANDED SUBPOENA. TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009/2 TO: Hoover Physical Therapy, 3028 Market Street, Suite 2, 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 Dorothy H. Brlansky (DOB 3/21/54) including but not limited to: office notes, doctor's records/reports / correspondence /notes /memoranda, any and all medical bills, hospital records/reports, physical therapy records/reports, radiological reports and films (i.e., x-rays, MRls. 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 tight to seek in advance, the reasonable cost of preparing the copies ot 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: Randall G. Gale, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 AI I ORNEY ID#: 26149 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs v. BARBARA GORMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14-439 Civil Action JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Susquehanna Valley Pain Management, 825 Sir Thomas Court, Harrisburg, PA 17109 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of the entire medical chart/file regarding Dorothy H. Brlansky (DOB 3/21/54) including but not limited to: office notes, doctor's records /reports /correspondence/notes /memoranda, any and all medical bills, 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: AI IORNEY ID#: A 11 ORNEY FOR: BY THE COURT: Randall G. Gale, Esquire P.O. Box 999, Harrisburg, PA 17108-0999 (717) 441-3960 26149 Defendant DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs v. BARBARA GORMAN • Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14-439 Civil Action JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pinnacle Health Neurosurgery & Neuroscience, 2005 Technology Parkway, Suite 400, Mechanicsburg, PA 17050 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 Dorothy H. Brlansky (DOB 3/21/54) including but not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda, any and all medical bills, 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: Randall G. Gale, Esquire P.O. Box 999, Harrisburg, PA 17108-0999 (717) 441-3960 26149 Defendant DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs v. BARBARA GORMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14-439 Civil Action JURY TRIAL DEMANDED • SUBPOENA TO PRODUCE DOCUMENTS OR.THINGS. FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Heritage MRL 3 Walnut Street, Lemoyne, PA 17043 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 Dorothy H. Brlansky (DOB 3/21/54) including but not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda, any and all medical bills, hospital records/reports, physical therapy records/reports, radiological reports and films (i.e., x-rays, MR1s. 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#: A11 ORNEY FOR: BY THE COURT: Randall G. Gale, Esquire P.O. Box 999, Harrisburg, PA 17108-0999 (717) 441-3960 26149 Defendant DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs. v. BARBARA GORMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14-439 Civil Action JURY TRIAL DEMANDED 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 Dorothy H. Brlansky (DOB 3/21/54) including but not limited to: office notes, doctor's records /reports /correspondence/notes /memoranda, any and all medical bills, 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, rep offs / corresp ondence/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: TET EPHONE: Al ORNEY ID#: A .1.1 ORNEY FOR: BY THE COURT: Randall G. Gale, Esquire P.O. Box 999, Harrisburg, PA 17108-0999 (717) 441-3960 26149 Defendant DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs v. BARBARA GORMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14-439 Civil Action JURYTRIAL DEMANDED • SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Jatto's Internal Medicine. & Wellness, PC, 2205 Forrest Hills Drive, Suite 12, 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: a complete copy of the entire medical chart/file regarding Dorothy H. Brlansky (DOB 3/21/54) including but not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda. any and all medical bills, 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: AITIORNEY ID#: A I ORNEY FOR: BY THE COURT: Randall G. Gale, Esquire P.O. Box 999, Harrisburg, PA 17108-0999 (717) 441-3960 26149 Defendant DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy DOROTHY H. BRLANSKY and THOMAS J. BRLANSKY, Plaintiffs v. BARBARA GORMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 14-439 Civil Action JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holy Spirit Hospital, 503 N. 21st Street, 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 Dorothy H. Brlansky (DOB 3/21/54) including but not limited to: office notes, doctor's records /reports /correspondence/notes /memoranda, any and all medical bills, hospital records/reports, physical therapy records/reports, radiological reports and films (i.e., x-rays, MRIs, CT scans, etc.), prescripiions, 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: TFT EPHONE: A lORNEY ID#: A fi ORNEY FOR: BY THE COURT: Randall G. Gale, Esquire P.O. Box 999, Harrisburg, PA 17108-0999 (717) 441-3960 26149 Defendant DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE I, RENEE K. COONRADT of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Date: 1567340.1 Paul M. Ferguson, Esquire Turo Robinson 129 South Pitt Street Carlisle, PA 17013 Counsel for Plaintiffs Timothy J. McMahon, Esquire Marshall Dennehey Warner Coleman and Goggin 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 Counsel for Additional Defendant THOMAS, THOMAS & HAFER, LLP RENE K. COONRADT, PARALEGAL THOMAS, THOMAS & HAFERLLP Paul M. Ferguson, Esquire Turo Robinson 129 South Pitt Street Carlisle, PA 17013 Attorneys At Law September 15, 2014 Re: Brlansky v. Gorman v. Jones TTH File NO. 644-40298 Dear Counsel: Street Address: 305 North Front Street, Harrisburg, PA 17101 Mailing Address: P.O. Box 999, Harrisburg, PA 17108 Phone: 717.237.7100 Fix: 717.237.7105 Renee K. Coonradt, Paralegal (717) 441-7063 rcoonradt@tthlaw.com Timothy J. McMahon, Esquire Marshall Dennehey Warner Coleman and Goggin 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 Thank you for agreeing to waive the twenty day notice requireMent to serve subpoenas upon the following entities: a. b. c. d. e. f. g. h. 1. J. k. 1. m. n. 0. P. q. r. s. t. u. v. HealthSouth; Employment Skills Center; Temple University Hospital; Magnetic Imaging Center; W. Scott Setzer, M.D.; McCuen & Associates Physical Therapy; Orthopaedic Surgeons of Central PA; Carlisle Digestive Disease Associates; Wills Eye Hospital; Appalachian Orthopedic Center; Hospital of the University of Pennsylvania; Main Line Oncology Hematology; Robert Weiss, M.D.; Quantum Imaging; ENT Surgery Group; Urology of Central PA; Excellence Diabetes Endocrinology & Metabolism Center; Carlisle Regional Medical Center; Central PA Hematology Oncology Associates; Pennsylvania Neurological Associates; Carlisle Neurocare; Harrisburg Interventional Pain Management; Harrisburg Bethlehem Pittsburgh Philadelphia Wilkes•Barre Baltimore, MD Clinton, NJ www.lthlaw.corn THOMAS, THOMAS & HAFER LLP Page 2 w. Mid -Atlantic Retina Specialists; x. Hoover Physical Therapy; y. Susquehanna Valley Pain Management; z. Pinnacle Health Neurosurgery & Neuroscience; aa. Heritage MRI; bb. Good Hope Family Physicians; cc. Jatto's Internal Medicine & Wellness, PC; and, dd. Holy Spirit Hospital. We will provide you with copies of all documents received. Thank you for your attention to this matter. Very truly yours, irkc: 1567326.2 Hafer, LLP • Renee K. Coonradt, Paralegal for Randall G. Gale, Esquire CERTIFICATE OF SERVICE AND NOW, this day of , 2014, 1, 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: Paul M. Ferguson, Esquire TURO ROBINSON 129 S. Pitt Street Carlisle, PA 17013 Counsel for Plaintiffs' Timothy J. McMahon, Esquire Marshall Dennehey Warner, Coleman- and Goggin 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 Counsel for Additional Defendant THOMAS, THOMAS & HAFER, LLP RENEE K. COO RADT, PARALEGAL 1485743.3