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Home My WebLink About14-1368 Supreme Court.of Pennsylvania Cour Com on Pleas 1% For Prothonotary Use Only: 4VILCOV >�, eet Ti �! erland C � Docket No: s County The information collected on this form is used solely 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 El Complaint 0 Writ of Summons El Petition El Notice of Appeal ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintifrs Name: Lead Defendant's Name: T Tony L. Nickle, Sr. Wilma J. Henry I ❑ Check here if you are a Self - Represented (Pro Se) Litigant 0 Name of Plaintiff /Appellant's Attorney: Andrew C. Spears, Esq. N Are money damages requested?: ❑X Yes ❑ No Dollar Amount Requested: ❑ within arbitration limits A (Check one) outside arbitration limits Is this a Class Action Suit? ❑ Yes ❑x No Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑X Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Zoning Board S ❑ Product Liability (does not include E] Statutory Appeal: Other E mass tort) El Employment Dispute: Slander/Libel/ Defamation Discrimination El ❑ C ❑ Other: Employment Dispute: Other T Judicial Appeals ❑ MDJ - Landlord /Tenant I ❑ Other: ❑ MDJ - Money Judgment O MASS TORT ❑ Other: ❑ Asbestos N ❑ Tobacco Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste F1 Other: El Ejectment ❑Common Law /Statutory Arbitration B ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure Restraining Order PROFESSIONAL LIABLITY ❑ Partition ❑ Quo Warranto ❑ Dental ❑ Quiet Title ❑ Replevin ❑ Legal ❑ Medical ❑ Other: ❑ Other: ❑ Other Professional: Pa.R.C.P. 205.5 212010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2014 Civil Action - ( ) Law ( ) Equity TONY L. NICKLE, SR. and MELINDA WILMA J. HENRY NICKLE 378 Old Stonehouse Road 390 Stonehouse Road Carlisle, PA 17015 Carlisle, PA 17015 C. HARVEY R. HENRY 378 Old Stonehouse Road x- Carlisle, PA 17015 ; M D-=1 versus :z �^ f3 ✓ x> CJ`1 C r - Plaintiff(s) & Defendant(s) & : Addresses Addresses CD PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a Writ of Summons in the above captioned action. A� Writ of Summons shall be issued and forwarded to (xx) attorney Andrew C. Spears, Esquire L 0 0 1 1300 Linglestown Road - Suite 2 Signature of Attorney ° Harrisburg, PA 17110 Supreme Court ID #87737 (717)238 -20 0 Date: l WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE -NAMED PLAINTIFF(S) HAS /HAVE COMMENCED AN ACTION AGAINST YOU. _j �___�� Prothonotary Deputy Dater _�� SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson 171 :7 1121_ Sheriff TV F R Q T OM] A Jody S Smith Chief Deputy Richard W Stewart Solicitor ofIt�nLra�a7. OrFIcE QFTw∎: -, 7.014 tiAtR 17 ACS 9: 59 CUMBERLAND COUNTY PENNSYLVANIA Tony L Nickle, Sr. (et al.) vs. Wilma J Henry (et al.) Case Number 2014 -1368 SHERIFF'S RETURN OF SERVICE 03/07/2014 09:46 AM - Deputy Shawn Gutshall, 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: Harvey R Henry at 378 Old Stonehouse Road, Monroe Township, Carlisle, PA 17015. GUTSHALL, DEPUTY 03/12/2014 09:42 AM - Sergeant Bryan Ward, served the requested Writ of Summons by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Wilma J Henry at the Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, PA 17013. BRYAN q'. VyIARD, DEPUTY SHERIFF COST: $50.78 SO ANSWERS, March 12, 2014 RONI4C' R ANDERSON, SHERIFF (c) CountySu to Sheriff, Te!eosoft, 'nc. ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TONY L. NICKLE, SR., and MELINDA NICKLE, NO.: 144368 Civil Plaintiffs --' No V. --rn r- WILLIAM J. HENRY and HARVEY R. JURY TRIAL DEMANDED? HENRY, < - Defendants ,° xc) >� — PRAECIPE FOR ENTRY OF APPEARANCE t•a -J TO THE PROTHONOTARY: Please enter the appearance of George H. Eager of the Law Firm of Eager, Stengel, Quinn & Sofilka as attorney of record on behalf of the Defendants in the above captioned action. EAGER, STENGEL, QUINN & SOFILKA DATE: o331r1)) LI BY: George . Eager, . s• ire Attorney for Def d.. nts I.D. No. 27740 1347 Fruitville e Lancaster, P 17601 (717) 290 -7971 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Praecipe for Entry of Appearance upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Andrew Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 DATE: 03 BY: EAGER, STENGEL, QUINN & SOFILKA Georg: : Eager u re Attorney for D ndant I.D. No. 277 1347 Fru ille Pike Lancaster, PA 17601 (717) 290-7971 Gr.-TICL CT Tft hQ THONOT.4i.r 20ilt MAR 20 phi 6 CUMBERLAND COUNTY PENNS YL VA NIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TONY L. NICKLE, SR., and MELINDA N-13(o8 NICKLE, Plaintiffs V. WILLIAM J. HENRY and HARVEY R. HENRY, Defendants NO.: 44r308-eivil JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO: David D. Buell, Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387 Please enter a Rule upon the Plaintiff to file a Complaint in the above captioned matter within twenty (20) days of the Rule or suffer a judgment of non pros. DATE: AND NOW, this above directed. BY: EAGER, STENGEL, QUINN & SOFILKA Attorney for De George Eageo ant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 e Moth iq day of ,20 - a Rule has been entered upon the Plaintiff as Prothonotary CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Praecipe for a Rule to File a Complaint upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Andrew Spears, Esquire Hgnd(er, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Li EAGER, STENGEL, QUINN & SOFILKA George Eager, e Attorney for Defe I.D. No. 27740 1347 Fruitville Lancaster, PA 17801 (717) 290-7971 p Andrew C. Spears (PA 87737) HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph.: 717.238.2000 Fax: 717.233.3029 spears @hhrlaw.com TONY L. NICKLE, SR. and MELINDA NICKLE, his wife, WILMA J. husband, Plaintiffs V. NRY and HARVEY R. HENRY, her Defendants r !LED-( Or T PROT t H0TAR'( fllla APR 17 '1,23. CUMBERLAND COUNTY Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW NO. 14 -1368 CIVIL NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 717- 249 -3166 Andrew C. Spears (PA 87737) HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph.: 717.23 8.2000 Fax: 717.233.3029 spears @hhrlaw.com TONY L. NICKLE, SR. and MELINDA NICKLE, his wife, Plaintiffs v. WILMA J. HENRY and HARVEY R. HENRY, her husband, Defendants Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW NO. 14 -1368 CIVIL AVISO USTED HA SIDO DEMANDADO /A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los pr6ximos veinte (20) dias despues de la notificacibn de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra 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 US1ED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 717 -249 -3166 Andrew C. Spears (PA 87737) HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Fax 717.233.3029 spears@hhrlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TONY L. NICKLE, SR, MELINDA NICKLE, his wife Plaintiffs, NO.: 14-1368 CIVIL V. WILMA J. HENRY, HARVEY R. HENRY, her husband CIVIL ACTION — LAW Defendants. Attorneys for Plaintiffs COMPLAINT Plaintiff, Tony L. Nick le, Sr. ("Mr. Nick le") and Melinda K. Nick le ("Mrs. Nick le"), by and through their attorneys, HANDLER, HENNING & ROSENBERG, LLP, make this complaint against the Defendants, Wilma J. Henry ("Defendant Driver") and Harvey R. Henry ("Defendant Passenger"), and aver as follows: 1. Mr. Nick le is a competent adult individual and citizen of Pennsylvania residing at 136 Sable Drive, Carlisle, Cumberland County, Pennsylvania. 2. Mrs. Nick le is a competent adult individual and citizen of Pennsylvania residing at 136 Sable Drive, Carlisle, Cumberland County, Pennsylvania. 3. Defendant Driver is, upon information and belief, a competent adult individual currently residing at 378 Old Stonehouse Rd, Carlisle, Cumberland County, Pennsylvania. 4. Defendant Passenger is, upon information and belief, a competent adult individual currently residing at 378 Old Stonehouse Rd, Carlisle, Cumberland County, Pennsylvania. 5. At all times material hereto, Mr. Nick le was the owner and operator of a 1991 Dodge Stealth bearing Pennsylvania license plate number HZG2883 ("Plaintiffs' Vehicle"). 6. At all times material hereto, Defendant Driver was the owner and operator of a 2007 Ford 500 bearing Pennsylvania license plate number PD5790V ("Defendants' Vehicle"). 7. At all times material hereto, Defendant Passenger was riding in the front passenger seat and was co-owner of Defendants' Vehicle. 8. At all times material hereto, Mr. Nick le was insured under an automobile policy with Erie Insurance Company and was covered under the limited tort option. 9. Pursuant to 75 Pa.C.S. § 1705(d), Mr. Nick le is entitled to recover noneconomic damages as if he had retained full-tort rights because he sustained a serious bodily injury as a result of the collision. 10. At all times material hereto, it was daylight and it was raining. 2 11. On March 24, 2012, at approximately 12:42 p.m., Mr. Nick le was traveling westbound on Fairview Street in South Middleton Township, Cumberland County, Pennsylvania, approaching the intersection of SR0074 and Fairview Street. 12. At approximately the same time and place, Defendant Driver was traveling south on SR0074, approaching the intersection of SR0074 and Fairview Street. 13. At the above mentioned intersection, there is a traffic signal. 14. At all times material hereto, the traffic signal showed green for Mr. Nick le. 15. At all times material hereto, the traffic signal showed red for Defendant Driver. 16. Upon reaching the intersection, Mr. Nick le continued driving on Fairview Street through the intersection. 17. Upon reaching the intersection, Defendant Driver failed to react safely to the red traffic light and stop her vehicle in a timely manner. 18. Defendant Driver continued to drive through the red light and into the intersection, where the Defendants' Vehicle suddenly and violently struck the right back quarter-panel of Plaintiffs' Vehicle. 19. As a result of the collision, Defendant Driver was subsequently charged with failure to obey a traffic signal, in violation of 75 Pa.C.S. § 3111. 20. As a direct and proximate result of the negligence of Defendant Driver, Mr. Nick le sustained injuries as set forth more specifically below. COUNT I — NEGLIGENCE Tony L. Nick le, Sr. v. Wilma J. Henry 21. All prior paragraphs are incorporated herein as if set forth fully below. 3 22. The occurrence of the aforementioned collision and all of the resultant injuries to Mr. Nick le, are the direct and proximate result of Defendant Driver's negligence and/or carelessness, generally and more specifically as set forth below: a. in driving Defendants' Vehicle in careless disregard for the safety of persons or property, in violation of 75 Pa.C.S. § 3714; b. in failing to exercise reasonable care in the operation and control of Defendants' Vehicle, in violation of 75 Pa.C.S. § 3714; c. in failing to obey all traffic control devices, in violation of 75 Pa.C.S. § 3111; d. in failing to stop before entering the intersection when faced with a steady red signal, in violation of 75 Pa.C.S. § 3112; e. in disregarding the conditions and potential hazards that existed with the wet road conditions, in violation of 75 Pa.C.S. § 3361; f. in failing to operate Defendants' Vehicle at a speed that was safe for the existing conditions and at which she could stop within the assured clear distance ahead, in violation of 75 Pa.C.S. § 3361; g. in failing to stop at a red signal, in violation of 75 Pa.C.S. § 3112; 4 h. in failing to properly regulate the speed of Defendants' Vehicle so as to prevent it from entering the intersection when not permitted; i. in failing to operate Defendants' Vehicle at a speed that was safe for the existing conditions and at which she could stop within the assured clear distance ahead, in violation of 75 Pa.C.S. § 3361; j. in failing to operate Defendants' Vehicle in such a manner that would allow her to apply the brakes and stop before entering the intersection; k. in failing to have sufficient control of Defendants' Vehicle, which would have allowed the vehicle to be stopped before doing injury to any person or any thing likely to arise under the circumstances; and I. in failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have Defendant vehicle under such control that injury to persons or property could be avoided. 23. As a direct and proximate result of Defendant Driver's negligence, Mr. Nickle has: a. suffered personal injuries including, but not limited to, injuries to his head, neck, and back; b. undergone continuing medical care for his injuries; 5 c. suffered physical pain, discomfort, and mental anguish, and he will continue to endure the same for an indefinite period of time in the future, to his physical, emotional, and financial detriment and loss; d. been unable to work and will continue to suffer a loss of income and/or earning capacity in the future; e. 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 spend money for the same purposes in the future, to his detriment and loss; f suffered a loss of life's pleasures and will continue to suffer the same in the future, to his detriment and loss; and g. been, and will in the future continue to be, hindered from attending to his daily duties and chores, to his detriment, loss, humiliation, and embarrassment. Wherefore, Plaintiff, Tony L. Nick le, Sr., seeks damages from Defendant, Wilma J. Henry, in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT II — NEGLIGENT ENTRUSTMENT Tony L. Nick le, Sr. V. Harvey R. Henry 24. All prior paragraphs are incorporated herein as if set forth fully below. 25. Defendant Passenger was the co-owner of Defendants' vehicle, which Defendant Driver had permission to operate at the time of the collision. 26. Defendant Passenger knew, or should have known, that Defendant Driver would be operating his vehicle without reasonable care and safety. 6 27. As a direct and proximate result of the negligence of Defendant Passenger, Mr. Nick le sustained extensive injuries and damages as set forth more specifically below. 28. The occurrence of the aforementioned collision and the resultant injuries to Mr. Nick le were the direct and proximate result of Defendant Passenger's negligence in entrusting his vehicle to Defendant Driver and allowing her to operate its vehicle when he knew, or should have known, that Defendant Driver was not fit and/or competent to operate Defendants' Vehicle in a safe, non-negligent manner. 29. The occurrence of the aforementioned collision and all of the resultant injuries to Mr. Nick le are the direct and proximate result of Defendant Passenger in negligently allowing Defendant Driver to operate his vehicle when he knew, or should have known, of her propensity to operate vehicles as set forth below: a. in driving Defendants' Vehicle in careless disregard for the safety of persons or property, in violation of 75 Pa.C.S. § 3714; b. in failing to exercise reasonable care in the operation and control of Defendants' Vehicle, in violation of 75 Pa.C.S. § 3714; c. in failing to obey all traffic control devices, in violation of 75 Pa.C.S. §3111; d. in disregarding the conditions and potential hazards that existed with the wet road conditions, in violation of 75 Pa.C.S. § 3361; e. in failing to operate Defendants' Vehicle at a speed that was safe for the existing conditions and at which she could stop within the assured clear distance ahead, in violation of 75 Pa.C.S. § 3361; 7 f. in failing to stop at a red signal, in violation of 75 Pa.C.S. § 3112; g. in failing to properly regulate the speed of Defendants' Vehicle so as to prevent it from entering the intersection when not permitted; h. in failing to operate Defendants' Vehicle at a speed that was safe for the existing conditions and would allow her to stop within the assured clear distance ahead, in violation of 75 Pa.C.S. § 3361; i. in failing to operate Defendants' Vehicle in such a manner that would allow her to apply the brakes and stop before entering the intersection; j. in failing to have sufficient control of Defendants' Vehicle, which would have allowed the vehicle to be stopped before doing injury to any person or any thing likely to arise under the circumstances; and k. in failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have Defendant vehicle under such control that injury to persons or property could be avoided. 30. As a direct and proximate result of Defendant Passenger's negligence, Mr. Nickle has: a. suffered personal injuries including, but not limited to, injuries to his head, neck, and back; b. undergone continuing medical care for his injuries; 8 c. suffered physical pain, discomfort, and mental anguish, and he will continue to endure the same for an indefinite period of time in the future, to his physical, emotional, and financial detriment and loss; d. been unable to work and will continue to suffer a loss of income and/or earning capacity in the future; e. 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 spend money for the same purposes in the future, to his detriment and loss; f suffered a loss of life's pleasures and will continue to suffer the same in the future, to his detriment and loss; and g. been, and will in the future continue to be, hindered from attending to his daily duties and chores, to his detriment, loss, humiliation, and embarrassment. Wherefore, Plaintiff, Tony L. Nick le, Sr., seeks damages from Defendant, Harvey R. Henry, in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT III — LOSS OF CONSORTUM Melinda K. Nick le v. Wilma J, Henry 30. All prior paragraphs are incorporated herein as if set forth fully below. 31. At all times material hereto, Mr. & Mrs. Nick le were lawfully married as husband and wife. 9 32. As a direct and proximate result of Defendant Driver's negligence, Mrs. Nick le has suffered a loss of consortium, society, and comfort from her husband, Mr. Nick le, and she will continue to suffer a similar loss in the future. 33. As a direct and proximate result of Defendant Driver's negligence, Mrs. Nick le has been compelled, in order to affect a cure for her husband's injuries, to spend money for medicine and medical attention and she will be required to spend money for the same purposes in the future, to her detriment and loss. WHEREFORE, Plaintiff, Melinda K. Nick le, seeks damages from Defendant, Wilma J. Henry, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT IV — LOSS OF CONSORTIUM Melinda K. Nick le v. Harvey R. Henry 34. All prior paragraphs are incorporated herein as if set forth fully below. 35. At all times material hereto, Mr. & Mrs. Nick le were lawfully married as husband and wife. 36. As a direct and proximate result of Defendant Passenger's negligence, Mrs. Nick le has suffered a loss of consortium, society, and comfort from her husband, Mr. Nick le, and she will continue to suffer a similar loss in the future. 37. As a direct and proximate result of Defendant Passenger Mrs. Nick le has been compelled, in order to affect a cure for her husband's injuries, to spend money for medicine and medical attention and she will be required to spend money for the same purposes in the future, to her detriment and loss. 10 WHEREFORE, Plaintiff, Melinda K. Nick le, seeks damages from Defendant, Harvey R. Henry, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Date: April 10, 2014 By: Respectfully submitted, HANDLER, HENNING AND ROSENBERG, LLP Andrewt Sears, Esquire I.D. No.: 87737 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Attorneys for Plaintiffs 11 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. Date: J Tony L. Nickle, Sr. Melinda Nickle Andrew C. Spears, Esq. Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238 -2000 Fax : (717) 233 -3029 E -mail: Spears @hhrlaw.com Attorney for Plaintiff TONY L. NICKLE and MELINDA NICKLE, his : IN THE COURT OF COMMON PLEAS Wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : NO. 14 -1368 WILMA & HARVEY HENRY, : CIVIL ACTION — LAW Defendants CERTIFICATE OF SERVICE On this 14th day of April, 2014, I hereby certify that a true and correct copy of Plaintiffs' Complaint was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: George H. Eager, Esquire EAGER, SPINELLO, QUINN & STENGEL 1347 Fruitville Pike Lancaster, PA 17601 Attorney for Defendants HANDLER, HENNING & ROSENBERG, LLP Andrew Z`. pea 1 Esquire I.D. No.: 87737 Attorney for Plaintiffs t : T 'Pt"..'; 0 TA 30 AM II CUMBERLANO PENNSYLVAt4IA kw• IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TONY L. NICKLE, SR., and MELINDA 14-13408 NICKLE, NO.: 1.473613-Civil Plaintiffs V. WILMA J. HENRY and HARVEY R. JURY TRIAL DEMANDED HENRY, Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of Defendant's' Request for Production and Copying of Documents - Set No. 1 Directed to Plaintiffs upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Andrew Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 DATE: 0,5-7 BY: EAGER, STENGEL, QUINN & SOFILKA George H. Eager, E Attorney for Defend I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 iem‘t t 30 fkM 11: 1,1 CUMBERLAND COUNT'{ PENNSYLVkNli% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TONY L. NICKLE, SR., and MELINDA NICKLE, Plaintiffs V. 14-13(48 NO.: 44-308 -eivii WILMA J. HENRY and HARVEY R. JURY TRIAL DEMANDED HENRY, Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served an original of Interrogatories of Defendants Addressed to Plaintiff Tony L. Nickle, Sr. upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: DATE: Andrew Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 svml BY: EAGER, STENGEL, QUINN & SOFILKA George H. Eager squire Attorney for Defrdants I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 ', MAY 30 AM 11: CUMBERLAN L] COI,' PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TONY L. NICKLE, SR., and MELINDA 14-H36,8 NICKLE, Plaintiffs v. WILMA J. HENRY and HARVEY R. JURY TRIAL DEMANDED HENRY, Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served an original of Defendants' Loss of Consortium Interrogatories Addressed to Plaintiff Melinda Nickle upon the person set forth below and in the manner indicated: First class mail, postage pre -paid: Andrew Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 EAGER, STENGEL, QUINN & SOFILKA DATE: 0s 09 BY: c' George H. Eager, ire Attorney for Defe nts I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290 -7971 L CUMEr_ PL; tce 1', COUN •k... i P.e � �-i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TONY L. NICKLE, SR., and MELINDA l`I.3(08 NICKLE, Plaintiffs v. NO.: -11 -Civil WILMA J. HENRY and HARVEY R. JURY TRIAL DEMANDED HENRY, Defendants ANSWER WITH NEW MATTER You are hereby notified to plead to the within New Matter within 20 days from the date of service hereto or a default judgment may be entered against you. AND NOW COME DEFENDANTS, BY AND THROUGH THEIR ATTORNEY, GEORGE H. EAGER, AND FILES THE FOLLOWING ANSWER: 1 -6. Admitted. 7. Denied. To the contrary, Defendant H. Robert Henry (incorrectly identified as Harvey R. Henry) is not the co -owner of the Defendant's vehicle. The vehicle was owned at all times by Defendant Wilma J. Henry and not by H. Robert Henry. 8 -9. After reasonable investigation, Defendants lack information or knowledge sufficient to form a belief as to the truth of the averments contained in paragraphs and the same are therefore denied, strict proof being demanded at trial. 10 -20. Denied in accordance with Pennsylvania Rule of Civil Procedure 1029(e). COUNT I - NEGLIGENCE Tony L. Nickle, Sr. v. Wilma J. Henry 21. Paragraphs 1 through 20 of Defendants' Answer are incorporated herein by reference as though fully set forth. 22 -23. Denied in accordance with Pennsylvania Rule of Civil Procedure 1029(e). WHEREFORE, Defendants ask that judgment be entered in their favor and against the Plaintiffs on all claims set forth in Plaintiffs' Complaint. COUNT II — NEGLIGENT ENTRUSTMENT Tony L. Nickle, Sr. v. Harvey R. Henry 24. Paragraphs 1 through 23 of Defendants' Answer are incorporated herein by reference as though fully set forth. 25. Admitted. 26. Denied in accordance with Pennsylvania Rule of Civil Procedure 1029(e). By way of further answer, there can be no negligent entrustment because as is pleaded, the Defendant Wilma J. Henry is co -owner of the vehicle and has every right to use the vehicle without the permission of the Defendant Harvey R. Henry. 27 -30. Denied in accordance with Pennsylvania Rule of Civil Procedure 1029(e). WHEREFORE, Defendants ask that judgment be entered in their favor and against the Plaintiffs on all claims set forth in Plaintiffs' Complaint. COUNT III — LOSS OF CONSORTIUM Melinda K. Nickle v. Wilma J. Henry 30(sic). Paragraphs 1 through 29 of Defendants' Answer are incorporated herein by reference as though fully set forth. 31 -33. Denied in accordance with Pennsylvania Rule of Civil Procedure 1029(e). WHEREFORE, Defendants ask that judgment be entered in their favor and against the Plaintiffs on all claims set forth in Plaintiffs' Complaint. COUNT IV — LOSS OF CONSORTIUM Melinda K. Nickle v. Harvey R. Henry 34. Paragraphs 1 through 33 of Defendants' Answer are incorporated herein by reference as though fully set forth. 35 -37. Denied in accordance with Pennsylvania Rule of Civil Procedure 1029(e). WHEREFORE, Defendants ask that judgment be entered in their favor and against the Plaintiffs on all claims set forth in Plaintiffs' Complaint. NEW MATTER 38. Paragraphs 1 through 37 inclusive above are incorporated herein by reference and made a part hereof. 39. Plaintiffs' recovery is barred and /or limited pursuant to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Act, 75 Pa.C.S.A. 1701, et. seq., and Answering Defendants hereby assert all of the rights and defenses available to them under the aforementioned act. 40. Plaintiffs' claims are barred and /or limited pursuant to the applicable Statute of Limitations, the relevant portions of which are incorporated herein by reference. 41. Plaintiffs' claims are barred and /or limited by the tort thresholds, applicable by election or law, of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. §1701, et. seq. 42. Plaintiffs' claims are barred and /or limited by the preclusion of pleading, proving and /or recovering special damages as set forth in §1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law, Pa.C.S.A. §1722. 43. Plaintiffs' claims are barred by the affirmative defenses identified in Pennsylvania Rule of Civil Procedure 1030, including but not limited to (a) waiver; (b) estoppel; (c) statutes of limitation; (d) !aches; (e) illegality; (f) release; (g) impossibility of performance; (h) fraud; (i) assumption of the risk; and (j) payment. WHEREFORE, Answering Defendants respectfully demand judgment in their favor and against all other parties together with the costs of this action. EAGER, STENGEL, QUINN & SOFILKA DATE: c5/0 BY: George H. Eager, Es Attorney for Defen I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 VERIFICATION I, WILMA J. HENRY, hereby verify that I am a Defendant in the foregoing action, and that the averments of the foregoing Answer with New Matter to the Complaint are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments of the Answer with New Matter to the Complaint are based upon an understanding or application of law, I have relied upon counsel in making this Verification. I understand that I am subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities for any false statements made herein. Dated: ti �'� ,73 - CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Answer with New Matter upon the person set forth below and in the manner indicated: First class mail, postage pre -paid: Andrew Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 DATE: 0.51a ri% 7" BY: EAGER, STENGEL, QUINN & SOFILKA George H. Eager, - • uire Attorney for Defe dant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290 -7971 Andrew C. Spears Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Spears@hhrlaw.com PHCUNBERLAND COUNT) J . PENNSYLVANIA Attorney for Plaintiff(s) TONY & MELINDA NICKLE : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) v. : NO. 14-1368 : CIVIL ACTION - LAW WILMA & HARVEY HENRY Defendant(s) PLAINTIFF'S REPLY TO NEW MATTER AND NOW, comes the Plaintiffs, Tony and Melinda Nickle, by and through their attorney, HANDLER, HENNING & ROSENBERG, LLP, by Andrew C. Spears, Esq., and responds to the Defendants' allegations of New Matter as follows: 38. The averments of this paragraph constitute an incorporation paragraph to which no response is required. If a response is required, any and all allegations and/or insinuations or wrongdoing on part of the Plaintiffs are hereby denied. 39. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, the Pennsylvania Motor Vehicle Financial Responsibility Act, 75 Pa. C.S.A. §1701 et seq., speaks for itself. By way of further response, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiffs are hereby denied. 40. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiffs are hereby denied. 41. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, the Pennsylvania Motor Vehicle Financial Responsibility Act, 75 Pa. C.S.A. §1701 et seq. speaks for itself. By way of further response, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiffs are hereby denied. 42. V' The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on part of the Plaintiffs are hereby denied. 43. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on part of the Plaintiffs are hereby denied. WHEREFORE, Plaintiffs respectfully request that this Honorable Court dismiss the Defendants' New Matter, enter judgment in their favor and enter such other Orders as are equitable and just. By: Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Andrew C. Spears, Esquire Supreme Court ID#87737 1300 Linglestown Road - Suite 2 Harrisburg, PA 17110 717-238-2000 spears@hhrlaw.com VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) Andrew C. Spears, Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. Andrew . Sp s, Esquire Date: 6/2/2014 I Andrew C. Spears Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Spears@hhrlaw.com Attorney for Plaintiff(s) TONY & MELINDA NICKLE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) WILMA & HARVEY HENRY Defendant(s) NO. 14-1368 : CIVIL ACTION - LAW CERTIFICATE OF SERVICE On, May 3, 2014, I hereby certify that a true and correct copy of Plaintiffs' Reply to New Matter was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: George H. Eager, Esq. EAGER, STENGEL, QUINN & SOFILKA 1347 Fruitville Pike Lancaster, PA 17601 Attorney for: Tony L. Nickle, Sr. HANDLER, HENNING & ROSENBERG, LLP Andrew C. Spears IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TONY L. NICKLE, SR., and MELINDA 13638 NICKLE, NO.: i4-360 Civil 47, (--- Plaintiffs V. WILMA J. HENRY and HARVEY R. JURY TRIAL DEMANDED ¶3 HENRY, Defendants C: CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA •-‹ PURSUANT TO RULE 4009.22 cit As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE:0L01),(i George . EageAgillal.rie° Attorney for D ?'dant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTY TONY & MELINDA NICKLE, PLAINTIFFS vs. WILMA & HARVEY HENRY, DEFENDANTS • Court of Common Pleas Case Number: NO. 14-1368 CERTIFICATE PREREQUISITE TO THE 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, Litigation Solutions, LLC ('LSLLC') on behalf of George H. Eager, Esquire of Eager, Stengel, Quinn & Sofilka certifies that: (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served; (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) No objection to the subpoena has been received, and; (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: 09/02/2014 CC: George H. Eager, Esquire Eager, Stengel, Quinn & Sofilka 1347 Fruitville Pike Lancaster PA 17601 Litigation Solutions, LLC on behalf of George H. Eager, Esquire of Eager, Stengel, Quinn & Sofilka Attorney for the Defendant PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND COUNTY TONY & MELINDA NICKLE, PLAINTIFFS vs. WILMA & HARVEY HENRY, DEFENDANTS Court of Common Pleas NO. 14-1368 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Record Type: Three Springs Family Practice All available Cumberland Valley Pain Management All available Quantum Imaging and Therapeutic Associates, Inc. All available Penn State Milton S. Hershey Medical Center Radiology Hershey Medical Center Medical Cardin & Miller Physical Therapy All available Defense Distribution Susquehanna Pennsylvania Employment Carlisle Regional Medical Center All available Orthopedic Institute of PA All available Appalachian Orthopedic Center All available TO: Andrew Spears, Esquire note: please see enclosed list of all other interested counsel Litigation Solutions, LLC ('LSLLC') on behalf of George H. Eager, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period Is waived or if no objection is made, then the subpoena may be served. Date of Issue: 8/11/2014 Litigation Solutions, LLC on behalf of: CC: George H. Eager, Esquire of Eager, Stengel, Quinn & Sofilka - Court of George H. Eager, Esquire Common Pleas Defense If you have any questions regarding this matter, please contact: Litigation Solutions, LLC (4l2.26].5hS6) Brentwood Towne Centre 1O1Towne Square Way, Suite 251 Pittsburgh, PA153Z7 COUNSEL LISTING FOR TONY & MELINDA NICKLE, PLAINTIFFS VS. WILMA & HARVEY HENRY, DEFENDANTS County of CUMBERLAND COUNTY Court of Common Pleas Counsel Firm Counsel Type Spears, Esquire, 1300 Lingiestown Road Ste. 2 Harrisburg PA 17110 P: 717-238-2000 F: Opposing Andrew 717-233-3029 Counsel COINEviONWEALTE OF PENNSYLVANIA. COUNT? OF CUMBERLAND TONY & MELINDA NICKLE, PLAINTIFFS VS WILMA & HARVEY HENRY, DEFENDANTS NO. 14-1368 SUBPOENA. TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Appalachian Orthopedic Center (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 ar tbinas: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) Yon may deliver or mail legible copies of the documents or produce 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 tbe reasonable cost of preparing the copies or producing the thin' gs sought. - If you fail to produce the documents ar things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may'seek a court cadet compelling you to comply with it • 111.16 SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: N : George H. Eager, Esquire ADDRESS: 134/ Fruitville Pike Lancaster, PA, I/6U1 TELEpHoNB: 717-290-7971 SUPREME COURT ID 0 2774 ATToRNEy am; De f ense BY THE CO Th24 .214/2.6 Prothonotary, Civil Division Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Appalachian Orthopedic Center 1 Dunwoody Drive Carlisle PA 17013 Attention: Records Department Subject: Nickle, Sr., Tony L. SS#: 7743 Date of Birth: 08/13/1967 Requested Items: Please remit: Any and all first consultation reports, office notes, MRI, CT and x-ray films and reports, test results, physical therapy reports, nurse's notes and doctor's orders, along with any and all other medical records, from 1/1/2002 to present. CCN OF PENNSYLVANIA. COUNTY OF CUMBERLAND TONY & MELINDA NICKLE, PLAINTIFFS Pile No. VS. WILMA & HARVEY HENRY, DEFENDANTS NO. 14-1368 SUBPOENA. TO PRODUCE DOCU1VIENTS OR TEUNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Cardin & Miller Physical Therapy (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the carat to produce the following documents or Woes: .10 NIMINOM040•00..114•11111.0.110=111.1.1101.111M.IMMIIMI•1111, See attached rider for instructions. ••••1111 at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) • Yon may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party =Acing this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or produniUg the If you fail to produce the documents or things -required by this subpoena within twenty (20) days after its service, the partyserving this subpoena may seek a court order' compelling you to comply with it • 1tub SUBPOENA WAS ISSUED AT TBE REQUEST OF TEE FOLLOWING PERSON: mua: George H. Eager, Esquire ADDRESS: .114/ kruitviiie vixe Lan aster, , 1/b01 TELEpHoNE: 717-290-7971 SUPREME COURT ID 4 ArroRmy FOR: De f e Date: Seal of the Court BY THE COURT: 1211‘41.,-1 ?tt.LpA_ Prothonotary, Civil Division C27k.11,1e/At C. Deputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Cardin & Miller Physical Therapy 290 East Pomfret Street Carlisle PA 17013 Attention: Records Department Subject: Nickle, Sr., Tony L. SS#: 7743 Date of Birth: 08/13/1967 Requested Items: Please remit: Any and all first consultation reports, office notes, MRI, CT and x-ray films and reports, test results, physical therapy reports, nurse's notes and doctor's orders, along with any and all other medical records, from 1/1/2002 to present. COMMONWEALTH OF PENNSYLVANIA. COUNTY OP CUMBERLAND TONY & MELINDA NICKLE, PLAINTIFFS NO. 14-1368 File No. vs, WILMA & HARVEY HENRY, DEFENDANTS SUBPOENA TO PRODUCE DOCUMENTS OR IGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Cumberland Valley Pain Management TO: Maxim of P =sou or Entity) Within twenty (20) days aft= service af Ws subpoena, you following documents or thins: eopieredby the ouit top See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver armaxil legible copies piths documents orproducethingsrequested by this subpoena, togetharwiththtcertificata ofcompliance, to thepartymakingthisrequestaithe address listed abovm. You Isavethe right to seelcin advarcethereasonable costpfprcparingthecopies orprodug the- thingssouleit-r-- Iryou fail toirroduce thedocirments ortbingsTequired by this subpaenawithilltwenty (20) days afterits service, thepartyservingthis subprienanrayseeka courtordeecompelliogyoutocomplywithit ilii.SUBPOENAWASISSITEDATTEEREQUESTOFTESPOLLOWINGPERSON: • George H. Eager, Esquire N.AME: ADDRESS: , rnp TELEPHONE: Z SUPREME COURT ATTORNEY FOR: Date: Seal of the Court Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Cumberland Valley Pain Management 5 Tyler Court Carlisle PA 17015 Attention: Records Department Subject: Nickle, Sr., Tony L. SS#: 7743 Date of Birth: 08/13/1967 Requested Items: Please remit: Any and all first consultation reports, office notes, MRI, CT and x-ray films and reports, test results, physical therapy reports, nurse' s notes and doctor' s orders, along with any and all other medical records, from 1/1/2002 to present. • CONWONWE.ALTIC OF PENNSYLVANIA. COUNTY OF CulvIBERLAND TONY & MELINDA NICKLE, PLAINTIFFS VS: WILMA & HARVEY HENRY, DEFENDANTS • : File No. NO. 14-1368 SUBPOENA. TO PRODUCE DOCUMENTS OR TEINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Regional Medical Center (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunients or tb.ines: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) Yon may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party malting this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fall to produce the documents or things -required by this subpoena within twenty (20) days after its service, the partyserving this subpoena may a court order' compelling you to comply with it • TIES SUBPOENA WAS ISSUED AT THE REQUEST OF TEE FOLLOWING PERSON: NA/vIE: George H. Eager, Esquire AmmEss: 1 4/ tr itvilie rixe Lanc ster, FA, 17601 TELEpEromi: 71/=296-/Y71 SUPREME COURT ID # ArroRmy FOR: De efLe Date: EY ME COURT: Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Carlisle Regional Medical Center 361 Alexander Spring Road Carlisle PA 17015 Attention: Records Department Subject: Nickle, Sr., Tony L. SS#: 7743 Date of Birth: 08/13/1967 Requested Items: Please remit: Pertinent file including, but not limited to: (1) admission and discharge Information (2) consultation reports (3) history and physical examinations (4) operative and pathology reports (5) emergency/outpatient records (6) rehabilitation medicine (PT, OT, speech) (7) MRI, CT and x-ray records and films; also to be included are pain clinic records, from 1/1/2002 to present. CONEvIONWEALTH OF PENNSYLVANIA COUNTY OP CUMBERLAND TONY & MELINDA NICKLE, PLAINTIFFS NO. 19-1368 : Pao No. vs. WILMA & HARVEY HENRY, DEFENDANTS SUBPOENA. TO PRODUCE DOCUMENTS OR TAGS FOR DISCOVERY PURSUANT TO RIME 4009.22 TO: Defense Distribution Susquehanna Pennsylvania (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to prodnca the following documents or thinas: See attached rider for instructions. ••••••••••01001111101111, at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, tagetherwiththecertificatc ofeomplianr-e, to thcpartyma.kingthisrequestaithe address listed above. Youllavetheright to seekin advancetbeztasonablecoofpreparingthecopies_orprochichig the. If you fail to produce thedocuments orthipgsrequired by this subpoenawithintwenty(20) days after its service, thepartyservingthis subpoenamay seek a courtordeecornpeilitgyouto.ocrmplywithit 1.1:i16 SUBPOENA WAS ISSUED AT TEE REQUEST OF THE FOLLOWING PEItS ON: NAME: George H. Eager, Esquire ADDRESS: lig / truitville eiKe Lancaster, eA, ibUL TELEPHONE: 717-290-79/1 SUPREME COURT # 2 / 41i ATrORNEY FOR: De e /)//6/ Prothonotary, Civil Date: Divis Seal of the Court Eputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Defense Distribution Susquehanna Pennsylvania Office of Counsel - DDC -GC 2001 Mission Drive - Building 81 New Cumberland PA 17070 Attention: Human Resources Department Subject: Nickle, Sr., Tony L. SS#: 7743 Date of Birth: 08/13/1967 Requested Items: Please remit: Application for employment, pre-employment physical, date employment began, worker's compensation claims and medical reports, performance evaluations, year end payroll records for each year of employment, disciplinary notices, leave of absent dates and reason for leave and date of termination. comtvamvrEALTH OF PENNSYLVANIA. COUNTY OF CUMBE,RLAND TONY & MELINDA NICKLE, PLAINTIFFS File No. VS. WILMA & HARVEY HENRY, DEFENDANTS • NO. 14-1368 SUBPOENA TO PRODUCE DOCUMENT OR TILINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hershey Medical Center (Name of P mon or Entity) Within twenty (20) days after service of this subpoenas you are ordered by the court to produce the following documents or rhino: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents orproduce things requested by this subpoena, togetherladdttimecerdficablofcompliance,to thepartymakMgthisrequestatthe address listed shove. You have the rightto seekin advance themasonable costofprcparingthePPiP-01-PrOucing-the thhagssought.'—'-.H - -7 ifyou fail to produce the documents orthilitgoxequiredby this subpoenawithintwenty (20) days after .its service, thepartyservingthis subpoenamayseeka courtordeecompellingyouto.complywithit • • '11:11,S SUBPOENA WAS ISSUED AT THE REQUEST OF TEE FOLLOWING PERSON: George H. Eager, Esquire NAME: ADDREs s: 1 4 / L imo TELEPHONE: /1/ SUPREME COURT ID # ATToRmy FOR De e Date: Seal of the Court Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Hershey Medical Center 500 University Drive Health Information Services, HU24 Hershey PA 17033 Attention: Medical Records Correspondence Subject: Nickle, Sr., Tony L. SS#: 7743 Date of Birth: 08/13/1967 Requested Items: Please remit: a complete copy of any and all medical records from 1/1/2002 to Present, including records, charts, test results, reports, correspondence, office notes, patient intake forms, and computerized records. COMMONWEALTH OF PENNSYLVANIA. COUNTY' OF CUIvIEERLAND TONY & MELINDA NICKLE, PLAINTIFFS File No. VS. WILMA & HARVEY HENRY, DEFENDANTS NO. 14-1368 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Quantum Imaging and Therapeutic Associates, Inc. TO: (Name of Person or E.ntity) Within twenty (20) days Om service of this subpoena, you are aniered by the court to produce the following documr.nts or thivas: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of complia.nce, to the party making this request at the address listed shave. 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 partymerving this subpoena mayseek a court ordze compelling you to -comply with in • THIS SUBPOENA WAS ISSUED AT TEE REQUEST OF 'TEES FOLLOWING PERSOINT: George H. Eager, Esquire 1347 NA/vLE: „'iL1i. rit ADDRESS: L—n,..esLci, TA, 17001 TELEPHONE: 17 - SUPREME COURT IT4&,,,,,c ATTORNEY FOR: Date: .(z) Seal ofthe Court BY THE CO LDPJL Prothonotary, Civil Division Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Quantum Imaging and Therapeutic Associates, Inc. 629-D Lowther Road Lewisberry PA 17339 Attention: Records Department Subject: Nickle, Sr., Tony L. SS#: 7743 Date of Birth: 08/13/1967 Requested Items: Please Remit: Any and all first consultation reports, office notes, MRI, CT and x-ray films and reports, test results, physical therapy reports, nurse's notes and doctor's orders, along with any and all other medical records, from 1/1/2002 to present. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TONY & MELINDA NICKLE, PLAINTIFFS NO. 14-1368 : File No. vs. WILMA & HARVEY HENRY, DEFENDANTS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Penn State Milton S. Hershey Medical Center (Name of Pesson or Entity) • Within twenty (20) days after service of this subpoena, you are ordered by tbe court to produce the following documents or Thins: See attached rider for instructions. at Litigation So ut ons, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (A.ddress) You may deliver or mail leeble copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party rocking 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 _ If you fail to produce the documents or things •required by this subpoena within twenty (20) days aftetrits service, the party this subpoena may seek a court ordee coropellfrtg you to. comply with it • • • Lti.IS SUBPOENA WAS ISSUED AT TEE REQUEST OF THE FOLLOWING PERSON: NAME: George H. Eager, Esquire ADDRESS: 134/ FruitvllIe '1ke Lancaster, ErA; libul TELEPHONE: 717-290-7971 SUPREME COURT # 7/40 ArromEyFoR: DefexTSe Data: h I Li Seal of the Court ° i.piityt-r--' Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Penn State Milton S. Hershey Medical Center 500 University Drive --Radiology MCH066 PO Box 850 Hershey PA 17033 Attention: Radiology Films Library Subject: Nickle, Sr., Tony L. SS#: 7743 Date of Birth: 08/13/1967 Requested Items: Please remit: Complete copy of any and all diagnostic films, film lists and film reports from 1/1/2002 to Present, including X -Rays, MRI, and CT scans. COMvIONWEALTH OF PENNSYLVAINIIA. COUNTY OF CUMBERLAND TONY & MELINDA NICKLE, PLAINTIFFS VS. WILMA & HARVEY HENRY, DEFENDANTS TO: NO. 14-1368 File No. SUBPOENA. TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Orthopedic Institute of PA (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: 111!ININIMOMION.11110M0111.111141.11=0101•••• See attached rider for instructions. at LitigationLitigationSolUtiOfls, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the - - things sought — Ifyou fail to produce the documents or things Tequired by this subpoena within twenty (20) days after3ts service, the party -serving this subpoena mayseek a court ordet compelling you to comply with it • £ SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: George H. Eager, Esquire ADDRESS: 7 ultville 7 , TTICEPEIONE: f1 l-z9t1-7/1 [774u SUPREME COURT 19 ATTORNEY FOR: e Data: Seal of the Court Y COURT: Prothonotary, Civil Division _432–fie) Deputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Orthopedic Institute of PA 3399 Trindle Road Camp Hill PA 17011 Attention: Records Department Subject: Nickle, Sr., Tony L. SS#: 7743 Date of Birth: 08/13/1967 Requested Items: Please remit: Any and all first consultation reports, office notes, MRI, CT and x-ray films and reports, test results, physical therapy reports, nurse' s notes and doctor' s orders, along with any and all other medical records, from 1/1/2002 to present. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUIABERLAN'D TONY & MELINDA NICKLE, PLAINTIFFS File No. NO. 14-1368 vs. WILMA & HARVEY HENRY, DEFENDANTS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Three Springs Family Practice (Name of Person or Entfty) "Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thinm: See attached rider nstructions. Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of complia.nce, to the party malcing this request at the arldres.s listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producingthe things sought - If you fail to produce the documents or thing a tequired by this subpoena within twenty (20) days afterits service, the partyserviag this subpoena may seek a court ordee compelling you to. comply with it • .1..ELW SUBPOENA WAS ISSUED AT THE REQUEST OF 'TEE FOLLOWING PERSON: two: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 11601 TELEpHom 717-290-7971 SUPREME COURT ID # 27740 ATTORNEY FOR; Defense Date: Ph /y Seal of the Court BY 'DEM COURT: =Mary, Civtl Division Deputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Three Springs Family Practice 303 N. Baltimore Avenue Mount Holly Springs PA 17065 Attention: Records Department Subject: Nickle, Sr., Tony L. SS#: 7743 Date of Birth: 08/13/1967 Requested Items: Any and all first consultation reports, office notes, MRI, CT and x-ray films and reports, test results, physical therapy reports, nurse's notes and doctor's orders, along with any and all other medical records, from 1/1/2002 to present. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena upon the person set forth below and in the manner indicated: First class mail, postage pre -paid: Andrew Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 DATE: 09 In )Jtt BY: EAGER, STENGEL, QUINN & SOFILKA George H. Ea , squire Attorney for Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 t? 22 r:: .. t L J 'ILji� :�L• L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TONY L. NICKLE, SR., and MELINDA NICKLE, Plaintiffs v. -13G06. NO.: 68 Civil WILMA J. HENRY and HARVEY R. JURY TRIAL DEMANDED HENRY, Defendants CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: George . Eager, - wire Attorney for Def. nt I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 1 PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND TONY & MELINDA NICKLE Court of Common Pleas vs. WILMA & HARVEY HENRY 14-1368 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Record Type: Hershey Medical Center Radiology TO: Andrew Spears, Esquire note: please see enclosed list of all other interested counsel Litigation Solutions, LLC ('LSLLC') on behalf of George H. Eager, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Date of Issue: 11/11/2014 Litigation Solutions, LLC on behalf of: CC: George H. Eager, Esquire of Eager, Stengel, Quinn & Sofilka - Court of George H. Eager, Esquire Common Pleas Defense If you have any questions regarding this matter, please contact: Litigation Solutions, LLC (412.263.5656) Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 COUNSEL LISTING FOR TONY & MELINDA NICKLE VS. WILMA & HARVEY HENRY Counsel Spears, Esquire, Andrew County of Cumberland Court of Common Pleas Firm Counsel Type 1300 Linglestown Road Ste. 2 Harrisburg PA 17110 P: 717-238-2000 F: Opposing 717-233-3029 Counsel TONY & MELINDA NICKLE VS. WILMA &.HARVEY HENRY TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or rhinos: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : File No. 14-1368 SUBPOENA. TO PRODUCE DOC1UMENTS OR TRIGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Hershey Medical Center See attached rider for instructions, a itigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seep is 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 earls service, the party•serving this subpoena znay seek a court ordee compelling you to comply with it • laiS SUBPOENA WAS ISSUED AT TSE REQUEST OF TEE FOLLOWING PERSON: NAIVE: George H. Eager, Esquire ADDRESS' 1347 Fruitville Pike Lancaster, PA, 17601 PHONE: 717-290-7971 SUPREIbFS COURT ID # 27740 ATTORNEY FOR; Defense BY TSE CO Pmthonotzry, Civil, Divisi ee- Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Hershey Medical Center 500 University Drive Health Information Services, HU24 Hershey PA 17033 Attention: Radiology Films Library Subject: Nickle, Sr., Tony L. SS#: 7743 Date of Birth: 08/13/1967 Requested Items: Please remit: Complete copy of any and all diagnostic films, film lists and film reports from 1/1/2002 to Present, including X -Rays, MRI, and CT scans. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena upon the person set forth below and in the manner indicated: First class mail, postage pre -paid: Andrew Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 DATE: 101/ i0 BY: EAGER, STENGEL, QUINN & SOFILKA George H. Eager, . uire Attorney for Def► : ant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971