Loading...
HomeMy WebLinkAbout05-1110IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KAREN S. G. LAY 5 School House Road Newville, PA 17241 Plaintiff(s) & Address(es) No. 09 - 1116 Civil Action - (XX) Law ( ) Equity l Ut 1< GARY S. LURIE 1835 Red Spruce Lane Mechanicsburg, PA 17050 GLORIA DEBOOY 30 Mallard Court Mechanicsburg, PA 17055 Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue A Writ of Summons in the above-captioned action. X Writ of Summons Shall be issued and forwarded to ( )Attorney (XX)Sheriff David H Rosenberg. Esquire /X! 130D Linglestown Road Si ure of tt ney Harrisburg. PA 17110 (717) 238-2000 Supreme Co ID No. 20569 Name/Address/Telephone No. of Attorney Date: 03/01/2005 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF ) HAS/HAVE COMMEN DAN ACTION AGAINST YOU. Prothono ry Date: lY? t ( ) Check here if reverse is used for additional information Deputy PROTHON. - 55 U-t C/I rl c7 rs. t7 ^Y1 l/? ? ,.7? 1 ? tl? _C N SHERIFF'S RETURN - REGULAR CASE NO: 2005-01110 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LAY KAREN S G VS LURIE GARY S ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according f says, the within WRIT OF SUMMONS was served upon LURIE GARY S DEFENDANT , at 1104:00 HOURS, on the 21st day of March at 1835 RED SPRUCE LANE MECHNANICSBURG, PA 17050 by handing to SHERRI LURIE, wifA a true and attested copy of WRIT OF SUMMONS and at the same time directing Her attention to the contents Sheriff's Costs: Docketing 18.00 Service 8.14 Affidavit .00 Surcharge 10.00 .00 36.14 Sworn and subscribed to before m this 1 J- k day of A. D. So Answers:: s 03/24/2005 HANDLER HENNING ROSENBERG By: :) law, , 2005 with SHERIFF'S RETURN - REGULAR CAGE NO: 2005-01110 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LAY KAREN S G LURIE GARY S VS CPL. TIMOTHY RETIZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according says, the within WRIT OF SUMMONS was served upon DEBOOY GLORIA t DEFENDANT , at 1543:00 HOURS, on the 23rd day of March at 43 ASHBURG DRIVE MECHANICSBURG, PA 17055 by handing to GLORIA DEBOOY a true and attested copy of WRIT OF SUMMONS together and at the same time directing Her attention to the contents Sheriff's Costs: Docketing 6.00 Service 6.66 Affidavit .00 Surcharge 10.00 .00 22.66 Sworn and Subscribed to before me this day of ; V- off, boA.D. So Answers:: R. Thomas Kline 03/24/2005 HANDLER HENNING ROSENBERG By: 1 . ---T -? y law, 2005 with OSBORNE & RETTIG, P.C. 126-128 Walnut Street Harrisburg, PA 17101 Telephone: 717-232-3046 Fax: 717-232-3538 By: Jeffrey B. Rettig, Esquire Attorney for Defendant Supreme Ct. #19616 rettj2Lbosl=a.com KAREN S. G. LAY IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. GARY S. LURIE and NO. 05-1110 GLORIA DEBOOY Defendants CIVIL ACTION - LAW ENTRY OF APPEARANCE TO: PROTHONOTARY Please enter the appearance of Jeffrey B. Rettig, Esquire, and Osborne & Rettig, P.C., on behalf of Defendants Gary S. Lurie and Gloria Debooy, in regard to the above-captioned action. Respectfully submitted, OSBORNE & RETTIG, P.C. Jeffrey B. Rettig, Eksire upreme Ct. I.D. #19616 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Attorneys for Defendants CERTIFICATE OF SERVICE I, Jeffrey B. Rettig, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: David H. Rosenberg, Esquire 1300 Linglestown Road Harrisburg, PA 17110 (Plaintiffs ' Attorney) & RETTIG, ? JftK B. Rettig, 1e upreme Ct. LD.#1 #19 6 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Date: Zi f Attorneys for Defendants cn c7 { FAA DirectorieslBWSlComplaintsWVAllntersection\Lay - T-bonempd KAREN S. G. LAY, Plaintiff V. GARY S. LURIE, and GLORIA DEBOOY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05-1110 - CIVIL TERM CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff, Karen S. G. Lay, by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by David H Rosenberg, Esquire, and makes the within Complaint against the Defendants, Gary S. Lurie and Gloria Debooy, and avers as follows: 1 2. 3. 4 5. Plaintiff, Karen S. G. Lay, is an adult individual currently residing at 5 School House Road, Newville, Cumberland County, Pennsylvania 17241, Defendant, Gary S. Lurie, is an adult individual currently residing at 1835 Red Spruce Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. Defendant, Gloria Debooy, is an adult individual currently residing at 30 Mallard Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. At all times material hereto, Plaintiff, Karen S. G. Lay, was the owner and operator of a 2000 Hyundai, bearing Pennsylvania Registration Plate Number ESG7674. (hereinafter referred to as 'Plaintiffs vehicle"). At all times material hereto, Defendant, Gloria Debooy, was the operator of a 1990 Chevrolet, bearing Pennsylvania Registration Plate Number ETN6751 which was owned by Defendant, Gary S. Lurie, (hereinafter referred to as "Defendants' vehicle"). 6. At the time of the collision, Plaintiff, Karen S. G. Lay, was insured under a motor vehicle policy through Nationwide Insurance Company. Plaintiff was covered by the Full Tort Option. 7. On or about March 24, 2003, at approximately 12:38pm, Plaintiffs vehicle, was proceeding westbound, on West Main Street, from a traffic signal located at the intersection of West Main Street and North York Street, Mechanicsburg Borough, Cumberland County, Pennsylvania. 8. On or about March 24, 2003, at approximately 12:38pm, Defendants' vehicle, was traveling north on South York Street near the intersection West Main Street and North York Street, Mechanicsburg Borough, Cumberland County, Pennsylvania, 9. At approximately the same time and place, as Plaintiffs vehicle was lawfully proceeding through the intersection of West Main Street and North York Street, Defendants' vehicle suddenly and without warning failed to stop for a steady red traffic signal and drove into the path of and violently collided with Plaintiffs vehicle. 10. At all times material hereto, the traffic signal located at the intersection of West Main Street and North York Street was operating properly. 11. As a direct and proximate result of the negligence of Defendants, the Plaintiff, Karen S. G. Lay, sustained serious and extensive injuries as set forth more specifically below. -2- COUNT I - NEGLIGENCE KAREN S. G. LAY v. GLORIA DEBOOY 12. Paragraphs 1 through 11 are incorporated herein as if set forth at length. 13. The occurrence of the aforesaid collision and the resultant injuries to Plaintiff, Karen S. G. Lay, were caused directly and proximately by the negligence of Defendant, Gloria Debooy, more specifically, as set forth below: a. In failing to yield the legal right-of-way to Plaintiffs vehicle in, violation of 75 Pa.C.S.A. § 3324; b. In failing to be reasonably vigilant to observe Plaintiffs vehicle; C. In failing to properly and adequately observe the traffic conditions then and there existing; d. In failing stop at a red signal before entering the intersection and remain stopped until green was shown, in violation of 75 Pa.C.S.A. § 3112(a)(3)(i); e. In driving in a careless manner in violation of 75 Pa. C.S.A. § 3714; f. In failing to operate said vehicle in such a manner that would allow Defendant to apply the brakes and stop before colliding with Plaintiffs vehicle; g. In failing to operate Defendants' vehicle under proper and adequate control so that Defendant could avoid striking Plaintiffs vehicle; h. In failing to keep a proper lookout for vehicles lawfully proceeding through the intersection of West Main Street and North York Street; In driving Defendants' vehicle upon a roadway in a manner endangering persons and property and in a manner with careless disregard to the rights -3- and safety of others in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania; In negligently driving Defendants' vehicle into the intersection of West Main Street and North York Street without properly stopping; k. In failing to exercise the high degree of care required of a motorist entering an intersection; and 1. In failing to be reasonably vigilant to observe the road and traffic conditions then and there existing. 14. As a direct and proximate result of the Defendant's negligence, Plaintiff, Karen S. G. Lay, sustained severe injuries, including, but not limited to, cervical strain, head injury and post-concussion headaches including migraine headaches. 15. As a direct and proximate result of the Defendant's negligence, the Plaintiff, Karen S. G. Lay, has suffered great physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 16. As a direct and proximate result of the Defendant's negligence, the Plaintiff, Karen S. G. Lay, has suffered lost wages and will in the future continue to suffer a loss of income and/or loss of earning capacity. 17. As a direct and proximate result of the Defendant's negligence, Plaintiff, Karen S. G. Lay, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. 18. As a direct and proximate result of the Defendant's negligence, Plaintiff, Karen S. -4- G. Lay, has been, and probably will in the future be, hindered from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 19. As a direct and proximate result of the Defendant's negligence, Plaintiff, Karen S. G. Lay, has suffered a loss of life's pleasures, and will continue to endure the same in the future, to her great detriment and loss. 20. Plaintiff, Karen S. G. Lay, believes and, therefore, avers that her injuries are permanent in nature. WHEREFORE, Plaintiff, Karen S. G. Lay, seeks damages from Defendant, Gloria Debooy, in an amount in excess of the compulsory arbitration limits of Cumberland County, Pennsylvania, exclusive of interest and costs. COUNT II - NEGLIGENT ENTRUSTMENT KAREN S. G. LAY v. GARY S. LURIE 21. Paragraphs 1 through 20 are incorporated herein as if set forth at length. 22. At all times material hereto, Defendant, Gary S. Lurie, owned Defendants' vehicle. 23. The occurrence of the aforementioned collision and all of the resultant injuries to Plaintiff, Karen S. G. Lay, are the direct and proximate result of the negligence, carelessness, and/or recklessness of the Defendant, Gary S. Lurie, generally and more specifically, as set forth below: a. In allowing Gloria Debooy to fail to be reasonably vigilant to observe Plaintiffs vehicle; b. In allowing Gloria Debooy to fail to be reasonably vigilant to observe vehicles lawfully proceeding on Trindle Road; -5- C. In allowing Gloria Debooy to fail to properly and adequately observe the traffic conditions then and there existing; d. In allowing Gloria Debooy to drive in a careless manner, in violation of 75 Pa. C.S.A.§ 3714; e. In allowing Gloria Debooy to fail to operate Defendants' vehicle under proper and adequate control in order to avoid striking Plaintiffs vehicle; f. In allowing Gloria Debooy to fail to operate a motor vehicle under proper and adequate control in order to avoid a collision; g. In allowing Gloria Debooy to fail to exercise reasonable care in the operation and control of a motor vehicle, in violation of 75 Pa. C.S.A. § 3309; h. In allowing Gloria Debooy to fail to exercise the high degree of care required of an operator of a motor vehicle; In allowing Gloria Debooy to fail to observe the steady red traffic-control signal then and there existing, in violation of 75 Pa.C.S.A. § 3112(a)(3)(i); In allowing Gloria Debooy to fail to yield the right-of-way to Plaintiffs vehicle; and k. In allowing Gloria Debooy to fail to drive with due regard for the safety of all persons in violation of 75 Pa. C.S.A. § 3105. 24. As a direct and proximate result of the negligence of the Defendant, Gary S. Lurie, Plaintiff, Karen S. G. Lay, sustained severe injuries including, but not limited to cervical strain, head injury, and post-concussion headaches including migraine headaches. 25. As a result of the negligence of Defendant, Gary S. Lurie, Plaintiff, Karen S. G. Lay, -6- has been, and will in the future be, hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to her great loss, humiliation and embarrassment. 26. As a result of the negligence of Defendant, Gary S. Lurie, Plaintiff, Karen S. G. Lay, has suffered great physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 27. As a result of the negligence of Defendant, Gary S. Lurie, Plaintiff, Karen S. G. Lay, has suffered lost wages and will in the future continue to suffer a loss of income and/or loss of earning capacity. 28. As a result of the negligence of Defendant, Gary S. Lurie, Plaintiff, Karen S. G. Lay, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. 29. As a result of the negligence of Defendant, Gary S. Lurie, Plaintiff, Karen S. G. Lay, has suffered a loss of life's pleasures, and will continue to endure the same in the future to her great detriment and loss. 30. Plaintiff, Karen S. G. Lay, believes and therefore, avers that her injuries are permanent in nature. -7- WHEREFORE, Plaintiff, Karen S. G. Lay, seeks damages from Defendant, Gary S. Lurie, in an amount in excess of the compulsory arbitration limits of Cumberland County, Pennsylvania, exclusive of interest and costs. Respectfully Submitted, HANDLER, HENNING & ROSENBERG, LLP Date: J "?q-d J By. David H osenberg, Esquire Attorney I.D. # 20569 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff -8- KAREN S. G. LAY, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . V. : No. 05-1110 - CIVIL TERM GARY S. LURIE, and GLORIA DEBOOY, CIVIL ACTION -LAW Defendants CERTIFICATE OF SERVICE On the 24`h day of August, 2005, 1 hereby certify that a true and correct copy of Plaintiffs Complaint was served upon the following by depositing in U.S. Mail; Jeffrey B. Rettig, Esq. Hartman, Osborne & Rettig 126-128 Walnut Street Harrisburg, PA 17101 DATE Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP David H R enberg, Esquire I.D. #20569 1300 Linglestown Road Harrisburg, PA 17110 717-238-2000 Attorney for Plaintiff VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C. S, Section 4904, relating to unsworn falsification to authorities. C""" (c ,C J?'J aren L Date: n Q 0 C' ? 'fl m ' c = Ui i L ;?C7 rn G) ? TD G7 < KAREN S. G. LAY IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-1110 GARY S. LURIE and GLORIA DEBOOY CIVIL ACTION - LAW Defendants CERTIFICATE OF SERVICE AND NOW, this 19`h day of September 2005, I hereby certify that I have, on this date, served the within Plaintiff, Karen S.G. Lay's, Answers to Defendants' Interrogatories & Request for Production of Documents addressed to Plaintiff, via first class mail by sending a true and correct copy of same to their attorney and including copies to all parties of interest as follows: Defendants Garie S Lurie & Gloria Debooy c/o Jeffrey B. Rettig, Esquire Hartman, Osborne & Rettig 126-128 Walnut Street Harrisburg, PA 17101 & ROSENBERG, LLP By:, David H 10senberg, Esquire Attorn,yelD# 20569 1300 tiinglestown Road Harrisburg, PA 17110 (717)238-2000 Date: I I n jo< ( . N CJ C3 T ' CPl r ? T a ? N -U? l? .. O ?? 'L+ ?y{ `;`- 3? t-r CJ O ?D OSBORNE & RETTIG, P.C. 126-128 Walnut Street Harrisburg, PA 17101 Telephone: 717-232-3046 Fax: 717-232-3538 By: Jeffrey B. Rettig, Esquire Attorney for Defendants Supreme Ct. #19616 hoslawng com irettiep KAREN S. G. LAY IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. GARY S. LURIE and GLORIA DEBOOY Defendants NO. 05-1110 CIVIL ACTION - LAW NOTICE TO PLEAD TO: Karen S. G. Lay David H. Rosenberg, Esquire 1300 L inglestown Road Harrisburg, PA 17110 You are hereby notified to file a written response to the enclosed answering Defendants' Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, & RET'fIC'li P.C. Jeffrey B. Rett Esquire Supreme Ct. 11f. #19616 Attorneys for Defendants OSBORNE & RETTIG, P.C. 126-128 Walnut Street Harrisburg, PA 17101 Telephone: 717-232-3046 Fax: 717-232-3538 By: Jeffrey B. Rettig, Esquire Attorney for Defendants Supreme Ct. #19616 'rettieLhoslawoa. com KAREN S. G. LAY I IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. GARY S. LURIE and GLORIA DEBOOY Defendants NO. 05-1110 CIVIL ACTION - LAW ANSWER OF DEFENDANTS TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NOW, come the Defendants, Gary S. Lurie and Gloria Debooy, by and through their attorneys, Osborne and Rettig, P.C. and Answer Plaintiff's Complaint as follows: It is admitted that Plaintiff is who she says she is. 2. Admitted. Admitted in part and denied in part. It is admitted that Gloria Debooy is an adult individual. Gloria Debooy currently resides at 43 Ashburg Drive, Suite 22, Mechanicsburg, PA 17050. 4. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. Admitted. 6. Denied. After reasonable after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. 8. Admitted. 9. Denied as stated. It is admitted that contact at the intersection of West Main Street and North York Street ensued between Plaintiff's vehicle and Defendants' vehicle. It is denied that Defendants' vehicle failed to stop at a steady red traffic signal. Furthermore, the traffic signal was yellow when Defendants' vehicle attempted to proceed through the intersection and it was Plaintiffs vehicle which struck the Defendants' vehicle. 10. Denied. After reasonable after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. 11. Denied pursuant to Pa. R.C.P. 1029. As to the balance of the allegations of this paragraph, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. COUNT I - NEGLIGENCE Karen S. G. Lay v. Gloria Debooy 12. The answers to Paragraphs 1 through 11 above are incorporated herein by reference thereto. 13. Denied pursuant to Pa. R.C.P. 1029. 14-19. Denied pursuant to P.A. R.C.P. 1029. As to the balance of the allegations of these paragraphs, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. 20. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. WHEREFORE, Defendant, Gloria Debooy, respectfully requests that this Honorable Court enter judgement in her favor and dismiss Count I of Plaintiff's Complaint. COUNT II - NEGLIGENCE ENTRUSTMENT Karen S. G. Lay v. Gary S. Lurie 21. The answer to paragraphs 1 through 20 above are incorporated herein by reference thereto. 22. Admitted. 23. Denied pursuant to Pa. R.C.P. 1029. 24-29. Denied pursuant to Pa. R.C.P. 1029. As to the balance of the allegations of these paragraphs, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. 30. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. WHEREFORE, Defendant, Gary S. Lurie, respectfully requests that this Honorable Court enter judgement in his favor and dismiss Count II of Plaintiff's Complaint. NEW MATTER 31. Plaintiff's claims are subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Act, the limitations of which are incorporated herein by reference hereto. 32. Plaintiff has or may have failed to mitigate her damages. 33. Plaintiff's claims against Defendant, Gary Lurie, fail to state claims upon which relief may be granted. 34. Plaintiff has already received payment of $932.69 on behalf of Defendant, for which a credit and/or off-set is demanded. WHEREFORE, Defendants' request that Plaintiff's Complaint be dismissed in its entirety, with prejudice and without cost to them. Respectfully submitted, OSBORNE & RETTIG, P.C. By Jeffrey B. Rettig, Esqu Supreme Ct. I.D. #196 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Attorneys for Defendants 4 VERIFICATION I, Gloria Debooy, hereby verify and state that the facts set forth in the foregoing DEFENDANTS' ANSWERS TO PLAINTIFF'S COMPLAINT WITH NEW MATTER are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom verification to authorities. Dated: i'." oria Debooy VERIFICATION I, Gary S. Lurie, hereby verify and state that the facts set forth in the foregoing DEFENDANTS' ANSWERS TO PLAINTIFF'S COMPLAINT WITH NEW MATTER are true and correct to the best of my information, knowledge and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn verification to authorities. Dated: ??J CERTIFICATE OF SERVICE I, Jeffrey B. Rettig, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: David H. Rosenberg, Esquire 1300 Linglestown Road Harrisburg, PA 17110 (Plaintiff's Attorney) & RETTIG, P.C. Supreme Ct. I.D. #19616 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 i Date: Z? f Attorneys for Defendants n ^' u? 1D 'rrn N i KAREN S. G. LAY, Plaintiff V. GARY S. LURIE, and GLORIA DEBOOY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05-1110 - CIVIL TERM CIVIL ACTION - LAW Defendants PLAINTIFF'S REPLY TO NEW MATTER AND NOW, comes the Plaintiff, Karen S. G. Lay, by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by David H Rosenberg, Esquire, and replies as follows: 31. Denied. This is a conclusion of law to which a response is not required. If a response is required, this is specifically denied. 32. Denied. This is a conclusion of law to which a response is not required. If a response is required, this is specifically denied. 33. Denied. This is a conclusion of law to which a response is not required. If a response is required, this is specifically denied. 34. Denied. After reasonable investigation, Plaintiff is without knowledge or information to form a belief as to the truth thereof, and proof is demanded. WHEREFORE, Plaintiff, Karen S. G. Lay, seeks damages from Defendant, Gary S. Lurie, in an amount in excess of the compulsory arbitration limits of Cumberland County, Pennsylvania, exclusive of interest and costs. d DAT Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP David H senberg, Esquire I.D. #205A9 1300 Li lestown Road Harrisburg, PA 17110 717-238-2000 Attorney for Plaintiffs I KAREN S. G. LAY, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : No. 05-1110 -CIVIL TERM GARY S. LURIE, and GLORIA DEBOOY, CIVIL ACTION -LAW Defendants CERTIFICATE OF SERVICE On the 3rd day of October, 2005, 1 hereby certify that a true and correct copy of Plaintiff's Reply To New Matter was served upon the following by depositing in U.S. Mail; Jeffrey B. Rettig, Esq. Hartman, Osborne & Rettig 126-128 Walnut Street Harrisburg, PA 17101 I©3 D? DAT Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP 1300 i glestown Road Harrisb rag, PA 17110 717-238-2000 Attorney for Plaintiff David H senberg, Esquire I.D. #20 9 VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. 1 have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ??'CT' I Ll Karen L * 60 Date: ? r? Q a ca 'r -n r •T1 -?11 :lam C- { TF„ Ja IN THE MATTER OF: LAY LURIE AND DEBOOY CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA ORIGIN44L PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS -VS - TERM, CUMBERLAND CASE NO: 05-1110 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY B. RETTIG, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 01/03/2007 MC on behq?l f z1f RE B. RETTIG,, SQ. 'Atto ey for DEFE DANT R1.23 133-H DE12-0245137 46769-LO1 01/10/2007 WEE 19:17 FAY 12/07/2006 MT 12=26 FAZ OSBORNE & REI TIG, P.C. @003/003 Z002/002 ATTORNEYS AT LAW 125-128 WA NUr STREET. HA KMt1URG. PA 17101 . TELEPHONE (717) Ei 30A6 . FACSMILE (717} 2323538 TEFPREY S. RETTfG. ESQUlga Doaombet 7, 2006 David Rosenberg, Esquire 1300 Linglestoown Road Harrisburg, PA 17110 Re: Lay v. Lurie and Debaoy Cumberland County No: 05-1 i10 Dear Attorney Rosenberg: WRITER'S EXTENSION: 110 WRUER'S b-MAIL ADDRFSS: J sehwalm@hos1Ayma.com This will serve to confirm our conversation today with regard to this case. As discussed, we would like to obtain the employment records of your client. You have agreed to waive the 20-day notice requirement. You requested a copy of the subpoenaed records of CPA.RC, and we will provide the same upon receipt Please sign and date the correspondcncc and ratum to our office as promptly as possible. Thank you. i cry tr yonrs.? J E RqUwalm, Legal Assistant to J cy 19. Rettig, Esquire I, David Rosenberg, Esquire, agree to waive the 20-day notice requirement to serve a subpoena on CPARC, to obtain employment records of Karen I.$y. "I David Rosenberg, Esquire r / ti COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: LAY -VS- LURIE AND DEBOOY COURT OF COMMON PLEAS TERM, CASE NO: 05-1110 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CPARC OTHER TO: DAVID H. ROSENBERG, ESQ., PLAINTIFF COUNSEL MCS on behalf of JEFFREY B. RETTIG, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 01/03/2007 CC: JEFFREY B. RETTIG, ESQ. - 20051929 TINA BROWN - Any questions regarding this matter, contact MCS on behalf of JEFFREY B. RETTIG, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.16S 133-H DE02-0350956 46769-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LAY : vs. LURIE AND DEBOOY File No. 05-1110 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CPAR (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTAC FD RIDER **** at The MCS Groin, Inc 1601 Market Street Suite 800 Philadelphia PA 19103 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: JEFFREY B. RETTIG. ESO. ADDRESS: 126-128 WALNUT STREET HARRISBURG. PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Civil Di '? JAN 1 2007 Date: 1 )F? .22, ZOO Seal of the Court 46769-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CPARC 71 ASHLAND AVENUE CARLISLE. PA 17013 RE: 46769 KAREN LAY Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. ANY AND ALL EMPLOYMENT RECORDS FROM 01/01/2000 TO PRESENT Subject : KAREN LAY 5 SCHOOL HOUSE ROAD, NEWVILLE, PA 17241 Social security #: XXX-XX-6287 R1.16S 133-H SU10-0662712 46769-LO1 P»J 0 "4`F .,t...` L, („+ri ;?;?5 co Johnson, Duffle, Stewart & Weidner By: JEFFREY B. RETTIG, ESQUIRE I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com Attorneys for Defendants GARY S. LURIE and CIVIL ACTION - LAW GLORIA DEBOOY, : Defendants PRAECIPE TO WITHDRAW APPEARANCE KAREN S. G. LAY, V. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1110 THE PROTHONOTARY. Please withdraw the appearance of Jeffrey B. Rettig, Esquire and Osborne & Rettig, P.C., on behalf of the Defendants in the above-captioned action. OSBORNE & RETTIG, P.C. B. Rettig, PRAECIPE TO ENTER APPEARANCE THE PROTHONOTARY, Please enter the appearance of Jeffrey B. Rettig, Esquire and Johnson, Duffle, Stewart & Weidner, on behalf of the Defendants in the above-captioned action. JOHNSON, DUFFIE, STEWART & WEIDNER B. Rettig, Esqui CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on the day of 2007: David H. Rosenberg, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 By: ON, DUFFIE, STEWART & WEIDNER Joffrey B. Rettig, E%-(;Vjire :297322 CD .. V __1% David H Rosenberg, Esquire I. D.20569 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax: (717) 233-3029 E-mail: Rosenberg@hhrlaw.com KAREN S. G. LAY, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No. 05-1110 -CIVIL TERM GARY S. LURIE, and GLORIA DEBOOY, CIVIL ACTION -LAW Defendants PRAECIPE TO THE PROTHONOTARY: Please mark the Docket in the above captioned matter as Settled, Discontinued and Satisfied. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: /, /'S167 By r? David H Ros berg, Esquire I.D. #3229 1300 Lin estown Road Harrisbu , PA 17110 (717) 2 8-2000 Attorneys for Plaintiff ,c , Is Johnson, Duffle, Stewart 6 Weidner By: JEFFREY B. RETTIG, ESQUIRE I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com KAREN S. G. LAY, Plaintiff V. GARY S. LURIE and GLORIA DEBOOY, Defendants Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1110 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe to Softie, Discontinue and End has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on the 21st day of January, 2008:: David H. Rosenberg, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, Pennsylvania 17110 Johnson, Duffie, Stewart & Weidner By: Jeffrey B. Rettig, Esquire 321443 . } ,?,,) `-a r ... ?_ CtJ .,..? ? ry -?. ``Y _< ?'.'` 7 ? ? r. J ""?'v , • Mfr` ,,.1 ?? ?J .; ?,