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HomeMy WebLinkAbout14-2048 ♦� fs ' •. Supreme Court:ofTennsylvania Court bf•Common Pleas For Prothonotary Use Only: Civil �Cov r Sheet !,1 Ct, ? - ,. �l Docket No: CUMB�ERLANb County The information collected on this form is used solely_for court administration purposes. This does not supplement or replace the filing and service ofpleadings or other papers as required by lair- or ruler rrf court. Commencement of Action: S 0 Complaint iX Writ of Summons Petition Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Susan M. Martin for Estate of Dawn M. Martin Michael L. Manzo and Thomas N. Miller T Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? S Yes 0 No (check one) Doutside arbitration limits 0 N Is this a Class Action Suit? 0 Yes 0 No Is this an MDJAppeal? 0 Yes 0 No A Name of Plaintiff /Appellant's Attorney: Michael J. Navitsky 0 Check here if you have no attorney (are a Self - Represented JPro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional 0 Buyer Plaintiff Administrative Agencies Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment ❑x Motor Vehicle 0 Debt Collection: Other Board of Elections 0 Nuisance Dept. of Transportation 0 Premises Liability 0 Statutory Appeal: Other S 0 Product Liability (does not include 0 Employment Dispute: E mass tort) El Slander/Libel/ Defamation Discrimination C 0 Other: Employment Dispute: Other Zoning Board � Other: , I Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort - DES 0 Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste Other: 0 Ejectment E] Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation Declaratory Judgment 0 Ground Rent Mandamus 0 Landlord/Tenant Dispute 0 Non- Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical 0 Other: 0 Other Professional: Updated 1/12011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. t CIVIL ACTION — LAW JURY TRIAL DEMANDED SUSAN M. MARTIN, as Administratrix MICHAEL L. MANZO� of the Estate of DAWN M. MARTIN, 602 Georgetown Lane ` 7050 Deceased, and SUSAN M. MARTIN, Mechanicsburg, PA 1 Individually and in her own right, THOMAS N. MILLER ' 19 Pine Street Steelton, PA 17113 6 State Drive Harrisburg, PA 17112 Plaintiff versus Defendant(s) PRAECIPE FOR A 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 Sheriff for service upon Defendants. Michael J. Navitsky I.D. No. 26211 Navitsky, Olson & Wisneski LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA. 17110 Signature f ttorney (717) 541 -9205 Dated: e 3 20 tq Q�� SPA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA H - 1bV Cluj CIVIL ACTION — LAW JURY TRIAL DEMANDED SUSAN M. MARTIN, as Administratrix MICHAEL L. MANZO of the Estate of DAWN M. MARTIN, 602 Georgetown Lane Deceased, and SUSAN M. MARTIN, Mechanicsburg, PA 17050 Individually and in her own right, 19 Pine Street THOMAS N. MILLER Steelton, PA 17113 6 State Drive Harrisburg, PA 17112 Plaintiff versus Defendant(s) WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT YOU ARE NOTIFIED THAT SUSAN M. MARTIN, HAS COMMENCED AN ACTION AGAINST YOU. Prothonotary `Dated: L4 by Deputy 21111111PR 28 PM 2• u IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SUSAN M. MARTIN, as Administratrix of ��� the Estate of DAWN M. MARTIN, Deceased,: and SUSAN M. MARTIN, Individually and in : NO. 14 -a4@8 Civil her own right, Plaintiffs v. MICHAEL L. MANZO and THOMAS N. JURY TRIAL DEMANDED MILLER, Defendants PRAECIPE FOR ENTRY OF APPEARANCE 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 Defendant Thomas N. Miller in the above captioned action. DATE: ©1-f ''f � I 2/ BY: II III 111111111 11 11111111111111111111 11 I I EAGER, STENGEL, QUINN & SOFILKA George I+ Eager squire Attorney for De ndant Miller I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290 -7971 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Praecipe for Entry of Appearance upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: DATE: Michael J. Navitsky, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 Michael L. Manzo 602 Georgetown Lane Mechanicsburg, PA 17050 BY: EAGER, STENGEL, QUINN & SOFILKA George H. Eager, Attorney for De nt Miller I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 0;'::GINAL I 10A 4Pf? 29 iiH11:1k17 CUIVERL NT) PENNS YL. VA NIA"f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SUSAN M. MARTIN, as Administratrix of : the Estate of DAWN M. MARTIN, Deceased,: and SUSAN M. MARTIN, Individually and in : her own right, Plaintiffs V. 14-abLI6 NO. —1-4-2408-Civil MICHAEL L. MANZO and THOMAS N. JURY TRIAL DEMANDED MILLER, Defendants 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: 0 VAS/N. BY: AND NOW, this above directed. day of EAGER, STENGEL, QUINN & SOFILKA Geo squire Attorney for endant Miller I.D. No. 27 40 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 , 20N, 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: Michael J. Navitsky, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 Michael L. Manzo 602 Georgetown Lane Mechanicsburg, PA 17050 BY: EAGER, STENGEL, QUINN & SOFILKA George H. Eager Attorney for De ant Miller I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiff V. MICHAEL L. MANZO and THOMAS N. : MILLER, Defendants aoq8 NO. '-14-24O8 Ci141 CIVIL ACTION — LAW JURY TRIAL DEMANDED h 'E. PROF 0 NO TA,i 20A APR 30 PH I: 02 CUMBERLAND COUNTY PENNSYLVANIA PRAECIPE TO REINSTATE/REISSUE WRIT OF SUMMONS Please reinstate/reissue the Writ of Summons in this matter so that service may be completed against Defendant Michael L. Manzo. Date: April 29, 2014 Respectfully submitted, NAVITSICY, OLSO S ES LP ch e . Esq I.D. No. 5 2040 Lingle own Road, Su Harrisburg, PA 17110 717/541-9205 Counsel for Plaintiff 0 ("1 CERTIFICATE OF SERVICE I, Lois Stauffer, an employee of the law firm of Navitsky, Olson & Wisneski LLP, hereby certify that a true and correct copy of the foregoing Praecipe to Reinstate/Reissue Writ of Summons was served upon the following person via first-class United States mail, postage prepaid on April 29, 2014: George H. Eager, Esquire Eager, Stengel, Quinn & Sofilka 1347 Fruitville Pike Lancaster, PA 17601-4001 Counsel for Defendant Thomas N. Miller Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY f OFFICE QF THE'SnRIFF LCA Ha PROTHOND 2011-1 JUN Ni 3: 1 i{ CUMBERLAND COUNTY PENNSYLVANIA Susan M Martin As Administratrix of the Estate of Dawn M Martin Case Number vs. Michael L. Manzo (et al.) 2014-2048 SHERIFF'S RETURN OF SERVICE 04/04/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Thomas N Miller, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Writ of Summons according to law. 04/10/2014 06:55 PM - The requested Writ of Summons served by the Sheriff of Dauphin County upon Jacquilynn Miller, who accepted for Thomas N Miller, at 6 State Street, Harrisburg, PA 17112. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. 05/16/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Michael L. Manzo, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Writ of Summons according to law. 05/22/2014 The requested Writ of Summons served by the Sheriff of Dauphin County upon Michael L. Manzo, personally, at Triad Strategies, 116 Pine Street, 5th Floor, Harrisburg, PA 17101. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $68.00 SO ANSWERS, May 27, 2014 (c) CountySuite Sheriff, Teleosoft, Inc. RONNY R ANDERSON, SHERIFF tit Shelley Ruhl Real Estate Deputy Matthew L. Owens Solicitor -- Commonwealth of Pennsylvania County of Dauphin errft Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy SUSAN M. MARTIN, AS ADMINISTRATRIX OF THE ESTATE OF DAWN M. MARTIN, ET AL VS MICHAEL L. MANZO Sheriffs Return No. 2014-T-1578 OTHER COUNTY NO. 2014-2048 And now: MAY 22, 2014 at 10:50:00 AM served the within REISSUED WRIT OF SUMMONS upon MICHAEL L. MANZO by personally handing to MICHAEL L. MANZO 1 true attested copy of the original REISSUED WRIT OF SUMMONS and making known to him/her the contents thereof at C/O TRIAD STRATEGIES, 116 PINE STREET, 5TH FLOOR HARRISBURG PA 17101 Sworn and subscribed to before me this 22ND day of May, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County My Commission Expires January 8, 2018 So Answers, Aoge7a.._ Sheriff of D u hin Co By r�E1‘ Dep y Sheriff Deputy: JEFF TEETER Sheriffs Costs: $49.25 5/21/2014 IN THE COURT OF COMMON PLEAS 1 `.J` Ff d 111, -OFFICE 1107 . A CUMBERLAND COUNTY, PENNSYLVANIA20 JG, 29 Pm �. 4 S SUSAN M. MARTIN, as Administratrix of the Estate of DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiff v. CUMBERLAND I�1-aD�I$ PENNSYLVANIA y MICHAEL L. MANZO and THOMAS N. : MILLER, N.49 -141-24(48-C44.1 CIVIL ACTION — LAW Defendants JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDEYOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiff v. MICHAEL L. MANZO and THOMAS N. : MILLER, NO. 14-2408 Civil CIVIL ACTION — LAW Defendants JURY TRIAL DEMANDED AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quej as expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, 0 PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE 0 NO CONOCE UN ABOGADO, VAYA 0 LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiff v. MICHAEL L. MANZO and THOMAS N. : MILLER, NO. 14-2408 Civil CIVIL ACTION — LAW Defendants JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Susan M. Martin, as Administratrix of the Estate of Dawn M. Martin, Deceased, and Susan M. Martin, Individually and in her own right, is an adult individual who resides in Steelton, Dauphin County, Pennsylvania. 2. Plaintiff is the mother of decedent, Dawn M. Martin, and the Administratrix of her daughter's Estate. 3. Defendant, Michael L. Manzo, is an adult individual who resides in Mechanicsburg, Cumberland County, Pennsylvania. 4. Defendant, Thomas N. Miller, is an adult individual who resides in Harrisburg, Dauphin County, Pennsylvania. 5. The facts and occurrences herein related took place on or about April 17, 2012 at approximately 2300 hours at or near the Erford Road interchange, also known as the Harvey Taylor Bridge Bypass, of State Route 11/15, in the right hand, westbound lane of travel in Enola, Cumberland County, Pennsylvania. 6. At said time and place, Plaintiff's decedent, Dawn M. Martin, was a pedestrian walking eastbound along the road berm, outside of the automobile lanes of travel. 7. At said time and place, Plaintiff's decedent, Dawn M. Martin, as a result of her medical condition, stumbled, tripped, collapsed, or fell to the ground. 8. Several oncoming motor vehicles saw and successfully avoided striking Plaintiff's decedent. 9. It was evident to several oncoming vehicles that Plaintiff's decedent had fallen and was on or near the automobile lanes of travel. 10. At said time and place, however, Defendant, Michael L. Manzo, was operating his vehicle, a 2006 Jeep Grand Cherokee, but unlike the several other vehicles that had seen and avoided Plaintiff's decedent, Mr. Manzo struck and drove over Plaintiff's decedent. 11. At said time and place, Defendant, Thomas N. Miller, was operating his vehicle, a 2000 Pontiac Grand Am, and, just like Mr. Manzo, struck and drove over Plaintiff's decedent. 12. As a direct and proximate result of the aforesaid accident, Plaintiff's decedent suffered fatal injuries. COUNT I SUSAN M. MARTIN, AS ADMINISTRATRIX OF THE ESTATE OF DAWN M. MARTIN, DECEASED, AND SUSAN M. MARTIN, INDIVIDUALLY AND IN HER OWN RIGHT V. MICHAEL L. MANZO 13. Paragraphs 1 through 12 of this Complaint are incorporated herein by reference as if set forth at length. 14. Dawn M. Martin's death was the direct and proximate result of Defendant Manzo's negligence as set forth below. 15. As a direct and proximate result of Defendant Manzo's negligence as set forth below, Defendant Manzo is liable to Plaintiff Susan M. Martin and the Estate of Dawn M. Martin for the injuries and damages alleged herein. 2 16. Defendant Manzo failed to have his vehicle under such control as to have been able to avoid striking and driving over Dawn M. Martin. 17. Defendant Manzo failed to keep alert and to maintain a proper watch for the presence of pedestrians on the roadway. 18. Defendant Manzo failed to apply his brakes or take evasive measures, as did all of the vehicles before him, to avoid striking and driving over Dawn M. Martin. 19. Defendant Manzo failed to move into the left hand lane of travel, as did all of the vehicles before him, so as to avoid striking and driving over Dawn M. Martin. 20. Defendant Manzo failed to travel at a safe speed. 21. Defendant Manzo failed to keep proper and adequate control over the vehicle that he was operating at the time of the accident. 22. Defendant Manzo allowed the vehicle that he was operating to strike and drive over Dawn M. Martin. 23. Defendant Manzo failed to drive his vehicle with due regard for the highway and traffic conditions that were existing at the time of the accident and of which he was, or should have been, aware. 24. Defendant Manzo drove his vehicle upon the roadway in a reckless manner with careless disregard for the rights and safety of others in violation of the motor vehicle code of the Commonwealth of Pennsylvania. 25. Defendant Manzo operated his vehicle, failed to see Dawn M. Martin, and avoid striking her, as did all the vehicles in front of him, because he was operating his vehicle while under the influence of alcohol. 3 26. Defendant Manzo was speeding and traveling too close to the vehicle in front of him, which actions prevented him from seeing and avoiding striking Dawn M. Martin and driving over her. 27. As a direct and proximate result of Defendant Manzo's negligence as set forth above, Dawn M. Martin suffered severe and fatal injuries. WHEREFORE, Susan M. Martin, as Administratrix of the Estate of Dawn M. Martin, Deceased, and Susan M. Martin, Individually and in her own right, demands judgment against Defendant, Michael L. Manzo, for damages in an amount in excess of Fifty Thousand ($50,000.00) Dollars, exclusive of interests and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT II SUSAN M. MARTIN, AS ADMINISTRATRIX OF THE ESTATE OF DAWN M. MARTIN, DECEASED, AND SUSAN M. MARTIN, INDIVIDUALLY AND IN HER OWN RIGHT V. THOMAS N. MILLER 28. Paragraphs 1 through 12 of this Complaint are incorporated herein by reference as if set forth at length. 29. Dawn M. Martin's death was the direct and proximate result of Defendant Miller's negligence as set forth below. 30. As a direct and proximate result of Defendant Miller's negligence as set forth below, Defendant Miller is liable to Plaintiff Susan M. Martin and the Estate of Dawn M. Martin for the injuries and damages alleged herein. 31. Defendant Miller failed to have his vehicle under such control as to have been able to avoid striking and driving over Dawn M. Martin. 32. Defendant Miller failed to keep alert and to maintain a proper watch for the presence of pedestrians on the roadway. 4 33. Defendant Miller failed to apply his brakes or take evasive measures, as did all of the vehicles before him, to avoid striking and driving over Dawn M. Martin. 34. Defendant Miller failed to move into the left hand lane of travel, as did all of the vehicles before him, so as to avoid striking and driving over Dawn M. Martin. 35. Defendant Miller failed to travel at a safe speed. 36. Defendant Miller failed to keep proper and adequate control over the vehicle that he was operating at the time of the accident. 37. Defendant Miller allowed the vehicle that he was operating to strike and drive over Dawn M. Martin. 38. Defendant Miller failed to drive his vehicle with due regard for the highway and traffic conditions that were existing at the time of the accident and of which he was, or should have been, aware. 39. Defendant Miller drove his vehicle upon the roadway in a reckless manner with careless disregard for the rights and safety of others in violation of the motor vehicle code of the Commonwealth of Pennsylvania. 40. Defendant Miller was speeding and traveling too close to the vehicle in front of him, which actions prevented him from seeing and avoiding striking Dawn M. Martin and driving over her. 41. As a direct and proximate result of Defendant Miller's negligence as set forth above, Dawn M. Martin suffered severe and fatal injuries. WHEREFORE, Susan M. Martin, as Administratrix of the Estate of Dawn M. Martin, Deceased, and Susan M. Martin, Individually and in her own right, demands judgment against Defendant, Thomas N. Miller, for damages in an amount in excess of Fifty Thousand ($50,000.00) 5 Dollars, exclusive of interests and costs and in excess of any jurisdictional amount requiring compulsory arbitration. length. COUNT III SUSAN M. MARTIN, AS ADMINISTRATRIX OF THE ESTATE OF DAWN M. MARTIN, DECEASED, AND SUSAN M. MARTIN, INDIVIDUALLY AND IN HER OWN RIGHT V. THOMAS N. MILLER 42. Paragraphs 1 through 12 of this Complaint are incorporated herein has if set forth at 43. Alternatively, Defendant Miller negligently operated his vehicle, as set forth above, thereby negligently mutilating the corpse of Dawn M. Martin. 44. As a direct and proximate result of Defendant Miller's negligence in mutilating the corpse of Dawn M. Martin, decedent, Susan Martin, mother of decedent, has been inflicted with severe emotional distress, and claim is made therefor. WHEREFORE, Susan M. Martin, as Administratrix of the Estate of Dawn M. Martin, Deceased, and Susan M. Martin, Individually and in her own right, demands judgment against Defendant, Thomas N. Miller, for damages in an amount in excess of Fifty Thousand ($50,000.00) Dollars, exclusive of interests and costs and in excess of any jurisdictional amount requiring compulsory arbitration. CLAIM I — SURVIVAL ACTION SUSAN M. MARTIN, AS ADMINISTRATRIX OF THE ESTATE OF DAWN M. MARTIN, DECEASED, AND SUSAN M. MARTIN, INDIVIDUALLY AND IN HER OWN RIGHT V. MICHAEL L. MANZO AND THOMAS N. MILLER 45. Paragraphs 1 through 12 and Counts I through III of this Complaint are incorporated herein by reference as if set forth at length. 6 46. Plaintiff, Susan M. Martin, brings this action on behalf of the Estate of her deceased, Dawn M. Martin, under and by virtue of Pennsylvania's Survival Act. 47. Defendants are liable to the Estate of Dawn M. Martin for injuries and damages as set forth herein. 48. Plaintiff, Susan M. Martin, as Administratrix of the Estate Dawn M. Martin, deceased, claims on behalf of her daughter's Estate, all damages suffered by said Estate by reason of the death of the decedent, including the decedent's pain and suffering in her death, by being struck by motor vehicles, economic losses, medical, funeral, and related expenses, and for all damages properly recoverable under Pennsylvania's Survival Act. WHEREFORE, Susan M. Martin, as Administratrix of the Estate of Dawn M. Martin, Deceased, and Susan M. Martin, Individually and in her own right, demands judgment against Defendants, Michael L. Manzo and Thomas N. Miller, for damages in an amount in excess of Fifty Thousand ($50,000.00) Dollars, exclusive of interests and costs and in excess of any jurisdictional amount requiring compulsory arbitration. CLAIM II — WRONGFUL DEATH SUSAN M. MARTIN, AS ADMINISTRATRIX OF THE ESTATE OF DAWN M. MARTIN, DECEASED, AND SUSAN M. MARTIN, INDIVIDUALLY AND IN HER OWN RIGHT V. MICHAEL L. MANZO AND THOMAS N. MILLER 49. Paragraphs 1 through 12, Counts I through III, and Claim I of this Complaint are incorporated herein by reference as if set forth at length. 50. Plaintiff, Susan M. Martin, is the mother of decedent, Dawn M. Martin, and the Administratrix of her daughter's Estate, and is therefore entitled to bring this Wrongful Death Claim under Pennsylvania's Wrongful Death Act. 7 51. Plaintiff, Susan M. Martin, brings this action for the wrongful death of her daughter, Dawn M. Martin, on behalf of persons entitled to recover therefore, under and by virtue of Pennsylvania's Wrongful Death Act. 52. Decedent, Dawn M. Martin, did not bring an action for her injuries during her lifetime. 53. Decedent, Dawn M. Martin, was never married and did not have any children. 54. At the time of her death, Dawn M. Martin was only 30 years old. 55. As direct result of decedent's death, Susan M. Martin suffered a pecuniary loss and has been, and in the future will be, deprived of her daughter's companionship, contribution, support, comfort, and services, for all of which claim is made therefor. 56. Plaintiff hereby makes a claim for all damages cognizable under and by virtue of Pennsylvania's Wrongful Death Act. 57. As a direct and proximate result of decedent's accident, injuries, and death, Plaintiff has incurred funeral, burial, and related expenses, as well as expenses for the administration of decedent's Estate, for all of which claim is made therefor. WHEREFORE, Susan M. Martin, as Administratrix of the Estate of Dawn M. Martin, Deceased, and Susan M. Martin, Individually and in her own right, demands judgment against Defendants, Michael L. Manzo and Thomas N. Miller, for damages in an amount in excess of Fifty Thousand ($50,000.00) Dollars, exclusive of interests and costs and in excess of any jurisdictional amount requiring compulsory arbitration. 8 CLAIM III — NEGLIGENT MUTILATION SUSAN M. MARTIN, AS ADMINISTRATRIX OF THE ESTATE OF DAWN M. MARTIN, DECEASED, AND SUSAN M. MARTIN, INDIVIDUALLY AND IN HER OWN RIGHT V. THOMAS N. MILLER 58. Paragraphs 1 through 12, Counts I through III, and Claims I and II of the Complaint are incorporated herein by reference as if set forth at length. 59. Plaintiff, Susan M. Martin, alternatively pleads against Defendant N. Miller, all damages cognizable under Pennsylvania law for the negligent infliction of emotional distress suffered by her as a direct and proximate result of Defendant Miller's negligent mutilation of Dawn M. Martin's body, and claim is made therefor. WHEREFORE, Susan M. Martin, as Administratrix of the Estate of Dawn M. Martin, Deceased, and Susan M. Martin, Individually and in her own right, demands judgment against Defendant, Thomas N. Miller, for damages in an amount in excess of Fifty Thousand ($50,000.00) Dollars, exclusive of interests and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Date: August 28, 2014 Respectfully submitted, NAVITSKY, OLS I N & ISNESKI LLP Mic ael J Na itsky, Esquire I.D. No. ' 88 'i 3 2040 Lingl town Road, Suite Harrisburg, PA 17110 717/541-9205 Counsel for Plaintiff 9 VERIFICATION I, Susan M. Martin, verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the provisions of 18 Pa. C.S. §4904, relating to the unsworn falsification to authorities. Date: *S''( -2-C`\\ Susan M. Martin CERTIFICATE OF SERVICE I, Lois Stauffer, an employee of the law firm of Navitsky, Olson & Wisneski LLP, hereby certify that a true and correct copy of the foregoing COMPLAINT was served upon the following person via first-class United States mail, postage prepaid on August 28, 2014: George H. Eager, Esquire Eager, Stengel, Quinn & Sofilka 1347 Fruitville Pike Lancaster, PA 17601-4001 Counsel for Defendant Thomas N. Miller Defendant Michael L. Manzo C/O Mr. Daniel Peron Erie Insurance Company Rossmoyne Business Center 4901 Louise Drive P.O. Box 2013 Mechanicsburg, PA 17055 Lois Stauffer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, : DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, Civil Action — Law C) - r'i CD rn— vs. No. 14-2048 MICHAEL L. MANZO and THOMAS N. MILLER, 7.7 Defendant. tIRY-4PRAI,DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearance of Robert A. Lerman, Esquire of Griffith, Strickler, Lerman, Solyrnos & Calkins, as attorneys for the Defendant, Michael M. Manzo, in the above -captioned matter and mark the docket accordingly. GRIFFITH, STRICKLER, LERMAN, By: Dated: September 9, 2014 SOLYMO i& CALKINS R BERT A. LERMAN, ESQUIRE, PA 07490 Attorney for Defendant, Michael L. Manzo 110 South Northern Way York, PA 17402 (717) 757-7602/(717) 757-3783 fax rlerman@gslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, : Civil Action — Law DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, vs. No. 14-2048 MICHAEL L. MANZO and THOMAS N. MILLER, - - Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 9th day of September, 2014, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Praecipe for Entry of Appearance by United States Mail, addressed to the party or attorney of record as follows: Michael J. Navitsky, Esquire Navitsky, Olson & Wisneski LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (Counsel for Plaintiff) George H. Eager, Esquire Eager, Stengel, Quinn & Sofilka 1347 Fruitville Pike Lancaster, PA 17601-4001 (Counsel for Defendant, Thomas N. Miller) GRIFFITH, ST CKLER, LERMAN, BY SOLY OS & CALICINS Ro ert A. Lerman, Esquire PA#07490 Attorney for Defendant, Michael L. Manzo 110 South Northern Way York, PA 17402 (717) 757-7602/(717)-757-3783 fax rlermanggslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SUSAN M. MARTIN, as Administratrix of : the Estate of DAWN M. MARTIN, Deceased,: and SUSAN M. MARTIN, Individually arid in her own right, Plaintiffs v. NO. 14-2048 Civil MICHAEL L. MANZO and THOMAS N. JURY TRIAL DEMANDED MILLER, Defendants ANSWER WITH NEW MATTER AND NEW MATTER PURSUANT TO PA.R.C.P. 1031.1 You are hereby notified to plead to the within New Matter within 20 days from the date of service hereto or a default judgment may be entered against you. AND NOW COMES DEFENDANT THOMAS N. MILLER, BY AND THROUGH HIS ATTORNEY, GEORGE H. EAGER, AND FILES THE FOLLOWING ANSWER: 1-5. Admitted. 6-12. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant Thomas N. Miller demands that this honorable court enter an Order stating that Defendant Thomas N. Miller is not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Defendant Michael L. Manzo and is not liable over to Defendant Michael L. Manzo by way of indemnity, contribution or otherwise and Defendant Michael L. Manzo asks that judgment be entered in his favor and against Plaintiff on all claims set forth in Plaintiffs Complaint. COUNT I SUSAN M. MARTIN, as Administratrix of the Estate of DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, individually and in her own right v. MICHAEL MANZO 13. Paragraphs 1 through 12 of Defendant Thomas N. Miller's Answer are incorporated herein by reference as though fully set forth. 14-27. The allegations of paragraphs 14-27 are addressed to a defendant other than answering defendant and no response is required. If it is deemed that a response is required, the allegations in paragraphs 14-27 are denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant Thomas N. Miller demands that this honorable court enter an Order stating that Defendant Thomas N. Miller is not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Defendant Michael L. Manzo and is not liable over to Defendant Michael L. Manzo by way of indemnity, contribution or otherwise and Defendant Michael L. Manzo asks that judgment be entered in his favor and against Plaintiff on all claims set forth in Plaintiffs Complaint. COUNT II SUSAN M. MARTIN, as Administratrix of the Estate of DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, individually and in her own right v. THOMAS N. MILLER 28. Paragraphs 1 through 27 of Defendant Thomas N. Miller's Answer are incorporated herein by reference as though fully set forth. 29-41. The allegations of paragraphs 29-41 are denied in accordance with Pennsylvania Rule of Civil Procedure 1029(e). WHEREFORE, Defendant Thomas N. Miller demands that this honorable court enter an Order stating that Defendant Thomas N. Miller is not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Defendant Michael L. Manzo and is not liable over to Defendant Michael L. Manzo by way of indemnity, contribution or otherwise and Defendant Michael L. Manzo asks that judgment be entered in his favor and against Plaintiff on all claims set forth in Plaintiffs Complaint. COUNT III SUSAN M. MARTIN, as Administratrix of the Estate of DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, individually and in her own right v. THOMAS N. MILLER 42. Paragraphs 1 through 12 of Defendant Thomas N. Miller's Answer are incorporated herein by reference as though fully set forth. 43-44. The allegations of paragraphs 43-44 are denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant Thomas N. Miller demands that this honorable court enter an Order stating that Defendant Thomas N. Miller is not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Defendant Michael L. Manzo and is not liable over to Defendant Michael L. Manzo by way of indemnity, contribution or otherwise and Defendant Michael L. Manzo asks that judgment be entered in his favor and against Plaintiff on all claims set forth in Plaintiffs Complaint. CLAIM I — SURVIVAL ACTION SUSAN M. MARTIN, as Administratrix of the Estate of DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, individually and in her own right v. MICHAEL MANZO and THOMAS N. MILLER 45. Paragraphs 1 through 12 and Counts I through III of Defendant Thomas N. Miller's Answer are incorporated herein by reference as though fully set forth. 46-48. The allegations of paragraphs 46-48 are addressed to a defendant other than answering defendant and no response is required. If it is deemed that a response is required, • the allegations in paragraphs 46-48 are denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant Thomas N. Miller demands that this honorable court enter an Order stating that Defendant Thomas N. Miller is not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Defendant Michael L. Manzo and is not liable over to Defendant Michael L. Manzo by way of indemnity, contribution or otherwise and Defendant Michael L. Manzo asks that judgment be entered in his favor and against Plaintiff on all claims set forth in Plaintiffs Complaint. CLAIM II — WRONGFUL DEATH SUSAN M. MARTIN, as Administratrix of the Estate of DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, individually and in her own right v. MICHAEL MANZO and THOMAS N. MILLER 49. Paragraphs 1 through 49 and Counts I through III and Claim I of Defendant Thomas N. Miller's Answer are incorporated herein by reference as though fully set forth. 50-57. The allegations of paragraphs 50-57 are addressed to a defendant other than answering defendant and no response is required. If it is deemed that a response is required, the allegations in paragraphs 50-57 are denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant Thomas N. Miller demands that this honorable court enter an Order stating that Defendant Thomas N. Miller is not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Defendant Michael L. Manzo and is not liable over to Defendant Michael L. Manzo by way of indemnity, contribution or otherwise and Defendant Michael L. Manzo asks that judgment be entered in his favor and against Plaintiff on all claims set forth in Plaintiffs Complaint. CLAIM III — NEGLIGENT MUTILATION SUSAN M. MARTIN, as Administratrix of the Estate of DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, individually and in her own right v. THOMAS N. MILLER 58. Paragraphs 1 through 57 and Counts I through III and Claims I and II of Defendant Thomas N. Miller's Answer are incorporated herein by reference as though fully set forth. 59. The allegations of paragraph 59 are denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant Thomas N. Miller demands that this honorable court enter an Order stating that Defendant Thomas N. Miller is not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Defendant Michael L. Manzo and is not liable over to Defendant Michael L. Manzo by way of indemnity, contribution or otherwise and Defendant Michael L. Manzo asks that judgment be entered in his favor and against Plaintiff on all claims set forth in Plaintiffs Complaint. NEW MATTER 60. Paragraphs 1 through 59 inclusive above are incorporated herein by reference and made a part hereof. 61. Plaintiff's 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 Defendant Thomas N. Miller hereby asserts all of the rights and defenses available to him under the aforementioned act. 62. Plaintiff's claims are barred and/or limited pursuant to the applicable Statute of Limitations, the relevant portions of which are incorporated herein by reference. 63. Plaintiff's 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) laches; (e) illegality; (f) release; (g) impossibility of performance; (h) fraud; (i) assumption of the risk; and (j) payment. WHEREFORE, Defendant Thomas N. Miller demands that this honorable court enter an Order stating that Defendant Thomas N. Miller is not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Defendant Michael L. Manzo and is not liable over to Defendant Michael L. Manzo by way of indemnity, contribution or otherwise and Defendant Michael L. Manzo asks that judgment be entered in his favor and against Plaintiff on all claims set forth in Plaintiffs Complaint. NEW MATTER PURSUANT TO PA.R.C.P. 1031.1 64. Answering Defendant hereby incorporates by reference paragraphs 1 through 63 of the foregoing Answer and New Matter as if same were set forth more fully at length. 65. Answering Defendant denies any and all liability to Plaintiff but avers that if Plaintiff is entitled to recovery based upon the allegations of the Complaint, or proof entered in support thereof, then any such right of recovery is due and based solely upon the acts or omissions of co-defendant, Michael L. Manzo, against whom Answering Defendant asserts a right of contribution and/or indemnity for any damages for which she may be determined to be liable to Plaintiff. WHEREFORE, Answering Defendant Thomas N. Miller demands that this honorable court enter an Order stating that Answering Defendant Thomas N. Miller is not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Co -Defendant Michael L. Manzo and is not liable over to Co -Defendant Michael L. Manzo by way of indemnity, contribution or otherwise and Answering Defendant Thomas N. Miller asks that judgment be entered in his favor and against Plaintiff on all claims set forth in Plaintiff's Complaint. EAGER, STENGEL, QUINN & SOFILKA DATE: oG 1 j q/ I y BY: George H. Eager, Attorney for Def I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 uire nt Miller VERIFICATION I, THOMAS N. MILLER, hereby verify that I am a Defendant in the foregoing action, and that the averments of the foregoing Answer to the Complaint with New Matter and New Matter Pursuant to PA R.C.P. 1031.1 are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments of the Answer to the Complaint with New Matter and New Matter Pursuant to PA R.C.P. 1031.1 are based upon an understanding or application of law, I have relied upon counsel in making this Verification. 1 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: CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Answer to the Complaint with New Matter and New Matter Pursuant to PA R.C.P. 1031.1upon the persons set forth below and in the manner indicated: First class mail, postage pre -paid: Michael J. Navitsky, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 Attorney for Plaintiff Robert A. Lerman, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 Attorney for Defendant Manzo DATE: Oct Jig BY: EAGER, STENGEL, QUINN & SOFILKA George H. Eager !'quire Attorney for Def» sant Miller I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SUSAN M. MARTIN, as Administratrix of : the Estate of DAWN M. MARTIN, Deceased,: and SUSAN M. MARTIN, Individually and in : her own right, Plaintiffs v. MICHAEL L. MANZO and THOMAS N. MILLER, NO. 14-2048 Civil JURY TRIAL DEMANDED -z� c�7 Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served Interrogatories of Defendant Thomas N. Miller Addressed to Co -Defendant Michael Manzo, upon the persons set forth below and in the manner indicated: First class mail, postage pre -paid: Michael J. Navitsky, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 Attorney for Plaintiff DATE: OCIilqbq BY: Robert A. Lerman, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 Attorney for Defendant Manzo EAGER, STENGEL, QUINN & SOFILKA George H. E. ger, -.uire Attorney for Defe , ant Thomas N. Miller I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SUSAN M. MARTIN, as Administratrix of : c7. ▪ -4▪ -- ^-- i the Estate of DAWN M. MARTIN, Deceased,: =Fri 1'1 and SUSAN M. MARTIN, Individually and in : NO. 14-2048 Civil --0 -1,- her own right, Plaintiffs .,/ 6 -.."-- • , -c, N) W.f. MICHAEL L. MANZO and THOMAS N. JURY TRIAL DEMANDED _..‹. c...; .. MILLER, Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of Defendant Thomas N. Miller's Request for Production and Copying of Documents - Set No, 1 Directed to Defendant Michael Manzo upon the persons set forth below and in the manner indicated: First class mail, postage pre -paid: Michael J. Navitsky, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 Attorney for Plaintiff Robert A. Lerman, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 Attorney for Defendant Manzo DATE: OCt BY: EAGER, STENGEL, QUINN & SOFILKA George H. Eager, squire Attorney for Def dant Thomas N. Miller I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SUSAN M. MARTIN, as Administratrix of : the Estate of DAWN M. MARTIN, Deceased,: and SUSAN M. MARTIN, Individually and in : her own right, Plaintiffs v. NO. 14-2048 Civil MICHAEL L. MANZO and THOMAS N. JURY TRIAL DEMANDED MILLER, Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of Defendant Thomas N. Miller's Request for Production and Copying of Documents - Set No. 1 Directed to SUSAN M. MARTIN, as Administratrix of the Estate of DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, upon the person set forth below and in the manner indicated: First class mail, postage pre -paid: Michael J. Navitsky, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 Attorney for Plaintiff Robert A. Lerman, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 Attorney for Defendant Manzo DATE: 009/N BY: EAGER, STENGEL, QUINN & SOFILKA George H. Eager quire Attorney for De dant Thomas N. Miller I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SUSAN M. MARTIN, as Administratrix of : the Estate of DAWN M. MARTIN, Deceased,: and SUSAN M. MARTIN, Individually and in : her own right, Plaintiffs v. NO. 14-2048 Civil MICHAEL L. MANZO and THOMAS N. JURY TRIAL DEMANDED MILLER, Defendants CERTIFICATE OF SERVICE C) C/) IN) Cri CZ) I HEREBY CERTIFY that I have this day served an original of Interrogatories of Defendant Thomas N. Miller to Plaintiff SUSAN M. MARTIN, as Administratrix of the Estate of DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right upon the person set forth below and in the manner indicated: First class mail, postage pre -paid: Michael J. Navitsky, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 Attorney for Plaintiff Robert A. Lerman, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 Attorney for Defendant Manzo DATE: 09/191y BY: EAGER, STENGEL, QUINN & SOFILKA George H. Eager, Esq e Attorney for DefendJ Miller I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 IN THE COURT OF COMMON PLEAS OF CUMBERLAND. COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, vs. MICHAEL L. MANZO and THOMAS N. MILLER, Defendant. c: Civil Action — Law,-.. 3 =-;-, (r) No. 14-2048 2) 722 c I— :4 "11 cJ- t---) r; Z- CD —I o"' JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearance of Thomas B. Sponaugle, Esquire of Griffith, Strickler, Lerman, Solymos & Calkins, as co -counsel for the Defendant, Michael M. Manzo, in the above -captioned matter and mark the docket accordingly. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: Dated: September 25, 2014 Ae7 /4--er-y1 THOMAS B. SPON GLE, SQUIRE, PA#64584 Attorney for Defendant, Michael L. Manzo 110 South Northern Way York, PA 17402 (717) 757-7602/(717) 757-3783 fax tsponaugle@gslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, : DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, vs. Civil Action — Law No. 14-2048 MICHAEL L. MANZO and THOMAS N. MILLER, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 25' day of September, 2014, I, Thomas B. Sponaugle, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Praecipe for Entry of Appearance by United States Mail, addressed to the party or attorney of record as follows: Michael J. Navitsky, Esquire Navitsky, Olson & Wisneski LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (Counsel for Plaintiff) George H. Eager, Esquire Eager, Stengel, Quinn & Sofilka 1347 Fruitville Pike Lancaster, PA 17601-4001 (Counsel for Defendant, Thomas N. Miller) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY Thomas B. Sponaugle, Esquire PA#6 584 Attorney for Defendant, Michael L. Manzo 110 South Northern Way York, PA 17402 (717) 757-7602/(717)-757-3783 fax tsponaugler&gsisc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, Civil Action — Law DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, vs. No. 14-2048 rn cf) MICHAEL L. MANZO and THOMAS N. MILLER, r; Defendant. JURY TRIAL DENTANBED:cS (72 ? CERTIFICATE OF SERVICE AND NOW, this day of October, 2014, I, Robert A. Lerman, a mernber of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Request for Production of Documents of Defendant, Michael L. Manzo, to Defendant, Thomas N. Miller, Set No. 1 as indicated below, addressed to the party or attorney of record as follows: "r; ---1 --tOrn cf" Michael J. Navitsky, Esquire Navitsky, Olson & Wisneski LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (Counsel for Plaintiff) jml/manzo-rfpd-miller George H. Eager, Esquire Eager, Stengel, Quinn & Sofilka 1347 Fruitville Pike Lancaster, PA 17601-4001 (Counsel for Defendant, Thomas N. Miller) GRIFFITH, ST CALK BY: 1 OP / LER, LERMAN, SOLYMOS & OBERT A. LERMAN, ESQUIRE PA# 07490 Attorney for Defendant, Michael L. Manzo 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 Fax rlerman@gslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, Civil Action — Law DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, vs. No. 14-2048 MICHAEL L. MANZO and THOMAS N. MILLER, Defendant, JURY TRIAL DEMANDED couCERTIFICATE OF SERVICE AND NOW, this 3 day of October, 2014, I, Robert A. Lennan, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Interrogatories of Defendant, Michael L. Manzo, to Defendant, Thomas N. Miller, Set No. 1 as indicated below, addressed to the party or attorney of record as follows: Michael J. Navitsky, Esquire Navitsky, Olson & Wisneski LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (Counsel for Plaintiff) jml/manzo-int-miller George H. Eager, Esquire Eager, Stengel, Quinn & Sofilka 1347 Fruitville Pike Lancaster, PA 17601-4001 (Counsel for Defendant, Thomas N. Miller) GRIFFITH, ST CALK BY: KLER, LERMAN, SOLYMOS & ERT A. LERMAN, ESQUIRE PA# 07490 Attorney for Defendant, Michael L. Maio 110 South Northern Way --cy c-0 York, PA 17402 717-757-7602/717-757-3783 Fax -‹ rlerman@gslsc.com r-- < Cri -70 cj —4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, vs. MICHAEL L. MANZO and THOMAS N. MILLER, Defendant. AND NOW, this Civil Action — Law No. 14-2048 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE day of V ARA), 2014, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Request for Production of Documents of Defendant, Michael L. Manzo, to Plaintiff, Set No. 1 by United States Mail, addressed to the party or attorney of record as follows: Michael J. Navitsky, Esquire Navitsky, Olson & Wisneski LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (Counsel for Plaintiff) George H. Eager, Esquire Eager, Stengel, Quinn & Sofilka 1347 Fruitville Pike Lancaster, PA 17601-4001 (Counsel for Defendant, Thomas N. Miller) 4d 9- i.3O hlLIZ BY: jml/manzo-rfpd-p GRIF "ITH, STRICKLER, LERM N, SOLYMOS & LK Robert A. Lerman, Esquire PA#07490 Attorney for Defendant, Michael L. Manzo 110 South Northern Way York, PA 17402 (717) 757-7602/(717) 757-3783 fax rlerman@gslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, vs. MICHAEL L. MANZO and THOMAS N. MILLER, Defendant. CERTIFICATE OF SERVICE Civil Action — La Z- c-- cf) -4 No. 14-2048 r - e T7 JURY TRIAL DEMANIDE, AND NOW, this Y'lL day of , 2014, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Interrogatories of Defendant, Michael L. Manzo, to Plaintiff, Set No. 1 by United States Mail, addressed to the party or attorney of record as follows: Michael J. Navitsky, Esquire Navitsky, Olson & Wisneski LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (Counsel for Plaintiff) jmUmanzo-int-p George H. Eager, Esquire Eager, Stengel, Quinn & Sofilka 1347 Fruitville Pike Lancaster, PA 17601-4001 (Counsel for. Defendant, Thomas N. Miller) GRIFFITH, ST CKLER, LERMA BY: SOL. OS & CALKINS -77 obert A. Lent an, Esquire PA#07490 Attorney for Defendant, Michael L. Manzo 110 South Northern Way York, PA 17402 (717) 757-7602/(717) 757-3783 fax rlerman@gslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, : Civil Action - Law DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, vs. No. 14-2048 MICHAEL L. MANZO and THOMAS N. MILLER, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this I day of October, 2014, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Interrogatories of Defendant, Michael L. Manzo, to Plaintiff, Set No. 2 as indicated below, addressed to the party or attorney of record as follows: Michael J. Navitsky, Esquire Navitsky, Olson & Wisneski LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (Counsel for Plaintiff) jml/manzo-int2-p George H. Eager, Esquire Eager, Stengel, Quinn & Sofilka 1347 Fruitville Pike Lancaster, PA 17601-4001 (Counsel for Defendant, Thomas N. Miller) GRIFFITH, ST CAL BY: KLER, LERMAN, SOLYMOS & OBERT A. LERMAN, ESQUIRE PA# 07490 Attorney for Defendant, MichaelL.: Manzo 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 Fax rlerman@gslsc.com • rnt0 z cr) va IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiff v. MICHAEL L. MANZO and THOMAS N. : MILLER, NO. -1-4":21.6n7vil CIVIL ACTION — LAW CZ) 3 Defendants JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANT THOMAS N. MILLER'S NEW MATTER AND NOW, comes the Plaintiff, Susan Martin, as Administratrix of the Estate of Dawn M. Martin, Deceased, and Susan M. Martin, Individually and in her own right, by and through her attorneys, Navitsky, Olson & Wisneski LLP, and hereby enters the following Answer to the New Matter of Defendant Thomas N. Miller to Plaintiff's Complaint: 60-63. The allegations constitute conclusions of law to which no response is required. To the extent that any response is required, said allegations are denied. 64-65. The allegations constitute conclusions of law to which no response is required. Plaintiff incorporates her Complaint as if set forth herein. WHEREFORE, Plaintiff, , Susan Martin, as Administratrix of the Estate of Dawn M. Martin, Deceased, and Susan M. Martin, Individually and in her own right, respectfully requests this Honorable Court to dismiss Defendant Thomas N. Miller's New Matter and that judgment be entered in favor of Plaintiff. Date: October 17, 2014 Respectfully submitted, NAVITSKY, OLSON & WISNESKI LLP Mi hael J. ' itsky, Esqu I.D. No. 5::03 2040 Linglestown Road, ' 03 Harrisburg, PA 17110 717/541-9205 Counsel for Plaintiff 2 VERIFICATION COMMONWEALTH OF PENNSYLVANIA : ss COUNTY OF DAUPHIN I, Michael J. Navitsky, Esquire, being duly sworn according to law, depose and say that I am counsel for Plaintiff and that I am authorized to make this Verification on behalf of said Plaintiff, and that the facts set forth in the foregoing Answer to New Matter are true and correct to the best of my knowledge, information and belief or, are true and correct based on the information obtained from the Plaintiff. Date: Sworn to and subscribed before me this 171+ day of OCibbtr- , 2014. Notary Public My Commission expires: ichael J. N 'tsky IA LeIs Pimp Susepidals too. emplie `wmaafirkilt:::. CERTIFICATE OF SERVICE I, Lois Stauffer, an employee of the law firm of Navitsky, Olson & Wisneski LLP, hereby certify that a true and correct copy of the foregoing Plaintiff's Answer to Defendant Thomas N. Miller's New Matter was served upon the following persons via first-class United States mail, postage prepaid on October 17, 2014: George H. Eager, Esquire Eager, Stengel, Quinn & Sofilka 1347 Fruitville Pike Lancaster, PA 17601-4001 Counsel for Defendant Thomas N. Miller Robert A. Lerman, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402-3737 Counsel for Defendant Michael L. Manzo l�((-- 2=' '1 OCT 28 L NE I HS �t�r vi i.NA A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, vs. Civil Action — Law No. 14-2048 MICHAEL L. MANZO and THOMAS N. MILLER, Defendant. JURY TRIAL DEMANDED REPLY OF DEFENDANT, MICHAEL L. MANZO, TO NEW MATTER PURSUANT TO PA. R.C.P. 1031.1 64. Answering Defendant incorporates herein by reference, as if fully set forth at length, any and all pleadings filed on his behalf in response to Plaintiff's Complaint. 65. Denied. It is denied that if Plaintiff is entitled to recovery based upon the allegations of the Complaint, or proof entered in support thereof, then Plaintiffs right of recovery is due based upon the acts or omissions of Co -Defendant, Michael L. Manzo and it is denied that Defendant Miller is entitled to contribution and/or indemnity for any damages for which he may be determined to be liable to Plaintiff. WHEREFORE, Defendant, Michael L. Manzo demands judgment in his favor and against the Plaintiff and/or against Co -Defendant, Thomas N. Miller. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Bv: Dated: /0/2 7/111 ROBERT A. LE , ESQUIRE, PA#07490 Attorney for De t, Michael L. Manzo 110 South Northe Way York, PA 17402 (717) 757-7602/(717) 757-3783 fax rlerman@gslsc.com VERIFICATION I, '‘e'41141 411W , hereby verify that the statements made in the foregoing Reply to New Matter Pursuant to PA. R.C.P. 1031.1 are true and correct to the best of my personal knowledge or information and belief, as well as reports, records, conferences and other investigatory material made available to me. To the extent that the foregoing contains averments which are inconsistent in fact, I verify that my knowledge or information is sufficient to form a belief that one or more of them is true, although I am currently unable, after reasonable investigation, to ascertain which of the inconsistent averments are true. To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my Verification is made upon the advice of counsel, upon whom I have relied in the filing this document. This Verification is made subject to the penalties of 18 Pa. C.S. § 4904 related to unsworn falsifications to authorities. Dated: /O - /V MICHAEL''. MANZO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, vs. Civil Action — Law No. 14-2048 MICHAEL L. MANZO and THOMAS N. MILLER, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this Z7day of OC , 2014, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Reply of Defendant, Michael L. Manzo, to New Matter Pursuant to PA. R.C.P. 1031.1 by United States Mail, addressed to the party or attorney of record as follows: Michael J. Navitsky, Esquire Navitsky, Olson & Wisneski LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (Counsel for Plaintiff) manzo-reply-miller George H. Eager, Esquire Eager, Stengel, Quinn & Sofilka 1347 Fruitville Pike Lancaster, PA 17601-4001 (Counsel for Defendant, Thomas N. Miller) GRIFFITH, STRICKLEg, % ' , AN, BY SOLYMOS & Robert A. Lerman, squire #07490 Attorney for Defendant, M chael L. Manzo 110 South Northern Way York, PA 17402 (717) 757-7602/(717)-757-3783 fax rlerman@gslsc.com iL_ TM 28 4j. 52 COUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, vs. Civil Action — Law No. 14-2048 MICHAEL L. MANZO and THOMAS N. MILLER, Defendant. JURY TRIAL DEMANDED TO: Susan M. Martin, as Administratrix of the Estate of Dawn M. Martin, Deceased, and Susan M. Martin, Individually and in her own right, Plaintiffs c/o Michael J. Navitsky, Esquire Navitsky, Olson & Wisneski LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against yo Dated: Ch10 f 27 By: GRIFFITH, ST b/ I'�LE AN, SOLYi,�ri.&A INS Li ROBERT A. TERM •,', ESQUIRE PA #07490 THOMAS B. SPON GLE, ESQUIRE PA#64584 Attorneys for Defendant, Michael L. Manzo 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax , 2014 rlerman@gslsc.com/tsponaugle@gslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, : Civil Action — Law DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, vs. No. 14-2048 MICHAEL L. MANZO and THOMAS N. MILLER, Defendant. JURY TRIAL DEMANDED TO: Thomas N. Miller, Defendant c/o George H. Eager, Esquire Eager, Stengel, Quinn & Sofilka 1347 Fruitville Pike Lancaster, PA 17601-4001 NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered ag.'. st you. GRIFFITH, STRI R, L .i' AN SOLYMG' *, By: I ' A ROBERT A. LT A SQUIRE PA #07490 THOMAS B. SPONA ,. LE, ESQUIRE PA#64584 Attorneys for Defendant, Michael L. Manzo 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax Dated:'Q2I , 2014 rlerman@,gslsc.com/tsponaugle@,gslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, vs. Civil Action — Law No. 14-2048 MICHAEL L. MANZO and THOMAS N. MILLER, Defendant. JURY TRIAL DEMANDED ANSWER, NEW MATTER AND CROSSCLAIM OF DEFENDANT, MICHAEL L. MANZO, TO PLAINTIFFS' COMPLAINT AND NOW, comes Defendant, Michael L. Manzo, by his counsel, Robert A. Lerman, Esquire, Thomas B. Sponaugle, Esquire and Griffith, Strickler, Lerman, Solymos & Calkins, and files the following Answer, New Matter and Crossclaim to Plaintiffs' Complaint: 1. Admitted upon information and belief. 2. Admitted upon information and belief. 3. Admitted. 4. Admitted upon information and belief. 5. Denied as stated. It is specifically denied that the incidents occurred as described in Plaintiffs' Complaint. By way of further response, it is averred upon information and belief that on April 17, 2012 at or near the Erford Road interchange (also known as the Harvey Taylor Bridge Bypass) of State Route 11/15, Dawn M. Martin committed suicide by placing herself into the path of multiple oncoming vehicles and was struck and sustained fatal injuries. 6. Denied as stated. The averments set forth in paragraph 5 hereinabove are incorporated herein by reference. 7. Denied as stated. The averments set forth in paragraph 5 hereinabove are incorporated herein by reference. 8. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 8 of Plaintiffs' Complaint and same are denied and strict proof thereof demanded. By way of further response, the averments set forth in paragraph 5 hereinabove are incorporated by reference. 9. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 9 of Plaintiffs' Complaint and same are denied and strict proof thereof demanded. By way of further response, the averments set forth in paragraph 5 hereinabove are incorporated by reference. 10. Admitted in part, denied in part. It is admitted that Michael L. Manzo was operating a 2006 Jeep Grand Cherokee vehicle at all times relevant to the issues this case presents. The remaining allegations of paragraph 10 are denied as stated. On the contrary, it is averred that Defendant was confronted with a sudden emergency and at all times relevant acted with reasonable and prudent care under the circumstances presented and acted and responded appropriately under the circumstances, including efforts to avoid striking other motor vehicles as well as the object in his lane of travel and strict proof to the contrary is thereby demanded. 11. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 11 of Plaintiff's Complaint and same are denied and strict proof thereof demanded. 12. Admitted in part, denied in part. It is admitted that Plaintiff decedent suffered fatal injuries. Answering Defendant is without knowledge, at this time, as to the precise sequence of events, and/or what events or impacts caused or contributed to Plaintiff decedent's injuries and demise except to aver that Plaintiff decedent' s fatal injuries were caused by the act of the suicide by Dawn M. Martin. COUNTI SUSAN M. MARTIN , AS ADMINISTRATRIX OF THE ESTATE OF DAWN M. MARTIN, DECEASED, AND SUSAN M. MARTIN, INDIVIDUALLY AND IN HER OWN RIGHT V. MICHAEL L. MANZO 13. Defendant incorporates herein by reference, as if fully set forth at length, his Answer to Plaintiffs' Complaint, Paragraphs 1 through 12, as hereinabove set forth. 14. Denied. To the extent the allegations set forth in paragraph 14 constitute a conclusion of law, no response is required. To the extent a response is deemed required, it is specifically denied that Dawn M. Martin's death was the direct and proximate result of Defendant Manzo's negligence and averred, to the contrary, that the unfortunate death of Dawn M. Martin was the direct and proximate result of her successful suicide attempts. 15. Denied. To the extent the allegations set forth in paragraph 15 constitute a conclusion of law, no response is required. To the extent a response is deemed required, it is specifically denied that Dawn M. Martin's death was the direct and proximate result of Defendant Manzo's negligence and averred, to the contrary, that the unfortunate death of Dawn M. Martin was the direct and proximate result of her successful suicide attempts. By way of further response, it is specifically denied that Defendant Manzo is liable to the Plaintiffs for the injuries and damages alleged. 16. Denied as stated. On the contrary, it is averred that at all times relevant, Defendant Manzo acted with due, appropriate and reasonable care under the circumstances presented as set forth hereinabove in paragraph 10. It is further averred that that the unfortunate death of Dawn M. Martin was the direct and proximate result of her successful suicide attempts. 17. Denied as stated. On the contrary, it is averred that at all times relevant, Defendant Manzo acted with due, appropriate and reasonable care under the circumstances presented as set forth hereinabove in paragraph 10. It is averred that that the unfortunate death of Dawn M. Martin was the direct and proximate result of her successful suicide attempts. 18. Denied as stated. On the contrary, it is averred that at all times relevant, Defendant Manzo acted with due, appropriate and reasonable care under the circumstances presented as set forth hereinabove in paragraph 10. It is averred that that the unfortunate death of Dawn M. Martin was the direct and proximate result of her successful suicide attempts. By way of further response, it is averred that Defendant Manzo applied his brakes and attempted to take evasive measures to avoid striking the object subsequently determined to be the body of Plaintiff s decedent which was directly in his path of travel. 19. Denied as stated. On the contrary, it is averred that at all times relevant, Defendant Manzo acted with due, appropriate and reasonable care under the circumstances presented as set forth hereinabove in paragraph 10. It is averred that that the unfortunate death of Dawn M. Martin was the direct and proximate result of her successful suicide attempts. By way of further response, it is averred that traffic conditions precluded Manzo from moving into the left-hand lane of travel as alleged. 20. Denied as stated. On the contrary, it is averred that at all times relevant, Defendant Manzo acted with due, appropriate and reasonable care under the circumstances presented as set forth hereinabove in paragraph 10. It is averred that that the unfortunate death of Dawn M. Martin was the direct and proximate result of her successful suicide attempts. By way of further response, it is averred that Defendant Manzo was traveling below the posted speed limit and subsequently slowed even further in an attempt to avoid striking the object suddenly appearing in his path of travel. 21. Denied as stated. On the contrary, it is averred that at all times relevant, Defendant Manzo acted with due, appropriate and reasonable care under the circumstances presented as set forth hereinabove in paragraph 10. It is averred that that the unfortunate death of Dawn M. Martin was the direct and proximate result of her successful suicide attempts. 22. Denied as stated. On the contrary, it is averred that at all times relevant, Defendant Manzo acted with due, appropriate and reasonable care under the circumstances presented as set forth hereinabove in paragraph 10. It is averred that that the unfortunate death of Dawn M. Martin was the direct and proximate result of her successful suicide attempts. By way of further response, it is averred that, Defendant Manzo took reasonable and prudent efforts to avoid contact with the object suddenly appearing in his path of travel. 23. Denied as stated. On the contrary, it is averred that at all times relevant, Defendant Manzo acted carefully, lawfully, reasonably and prudently under all circumstances presented and strict proof to the contrary is hereby demanded. 24. Denied. To the extent the allegations set forth in paragraph 24 constitute a conclusion of law, no response is required. By way of further response, it is averred that Defendant Manzo acted carefully, lawfully, reasonably and prudently under all circumstances presented and strict proof to the contrary is hereby demanded. 25. Denied. The allegations set forth in paragraph 25 of Plaintiffs' Complaint are denied pursuant to Pa. R.C.P. 1029(e). By way of additional response, it is denied that Defendant Manzo was operating a vehicle in any impaired. 26. Denied as stated. It is specifically denied that Defendant Manzo was speeding or traveling too close to the vehicle in front of him and strict proof thereof is hereby demanded. On the contrary, it is averred that Defendant Manzo acted carefully, lawfully, reasonably and prudently under all circumstances presented and strict proof to the contrary is hereby demanded. 27. Denied. The allegations set forth in paragraph 27 of Plaintiffs' Complaint constitute a conclusion of law to which no response is required. To the extent a response is deemed required, it is denied that Defendant Manzo was in any way negligent and strict proof thereof is hereby demanded. By way of further response, Defendant incorporates his responses to paragraph 15 hereinabove. WHEREFORE, Defendant, Michael L. Manzo, demands judgment in his favor and against the Plaintiffs, together with costs of suit. COUNT II SUSAN M. MARTIN , AS ADMINISTRATRIX OF THE ESTATE OF DAWN M. MARTIN, DECEASED, AND SUSAN M. MARTIN, INDIVIDUALLY AND IN HER OWN RIGHT V. THOMAS N. MILLER 28-41. The allegations set forth in paragraphs 28 through 41 inclusive pertain to a Defendant other than Answering Defendant and no response is required on behalf of Answering Defendant. WHEREFORE, Defendant, Michael L. Manzo, demands judgment in his favor and against the Plaintiffs, together with costs of suit. COUNT III SUSAN M. MARTIN , AS ADMINISTRATRIX OF THE ESTATE... OF. DAWN M. MARTIN, DECEASED, AND SUSAN M. MARTIN, INDIVIDUALLY AND IN HER OWN RIGHT V. THOMAS N. MILLER 42-44. The allegations set forth in paragraphs 42 through 44 inclusive pertain to a Defendant other than Answering Defendant and no response is required on behalf of Answering Defendant. WHEREFORE, Defendant, Michael L. Manzo, demands judgment in his favor and against the Plaintiffs, together with costs of suit. CLAIM I - SURVIVAL ACTION SUSAN M. MARTIN , AS ADMINISTRATRIX OF THE ESTATE OF DAWN. M. MARTIN, DECEASED, AND SUSAN M. MARTIN, INDIVIDUALLY AND IN HER OWN RIGHT V. MICHAEL L. MANZO AND THOMAS N. MILLER 45. Defendant incorporates herein by reference, as if fully set forth at length, his Answer to Plaintiffs' Complaint, Paragraphs 1 through 44, as hereinabove set forth. WHEREFORE, Defendant, Michael L. Manzo, demands judgment in his favor and against the Plaintiffs, together with costs of suit. CLAIM II — WRONGFUL DEATH SUSAN M. MARTIN , AS ADMINISTRATRIX OF THE ESTATE OF DAWN M. MARTIN, DECEASED, AND SUSAN M. MARTIN, INDIVIDUALLY AND IN HER OWN RIGHT V. MICHAEL L. MANZO AND. THOMAS N. MILLER 49. Defendant incorporates herein by reference, as if fully set forth at length, his Answer to Plaintiffs' Complaint, Paragraphs 1 through 48, as hereinabove set forth. 50. Denied. To the extent the allegations set forth in paragraph 50 of Plaintiffs' Complaint constitute a conclusion of law, no response is required. To the extent a response is deemed required, it is averred that the fatal injuries sustained by deceased Plaintiff, Dawn M. Martin were the result of her successful suicide attempts for which Answering Defendant cannot be held liable. 51. Denied. To the extent the allegations set forth in paragraph 51 of Plaintiffs' Complaint constitute a conclusion of law, no response is required. To the extent a response is deemed required, it is averred that the fatal injuries sustained by deceased Plaintiff, Dawn M. Martin were the result of her successful suicide attempts for which Answering Defendant cannot be held liable. 52. Denied. information sufficient to and same are denied and 53. Denied. information sufficient to and same are denied and 54. Denied. information sufficient to and same are denied and After reasonable investigation, form a belief as to the truth of the strict proof thereof demanded. After reasonable investigation, form a belief as to the truth of the strict proof thereof demanded. After reasonable investigation, form a belief as to the truth of the strict proof thereof demanded. Defendant is without knowledge or allegations set forth in paragraph 52 of Defendant is without knowledge or allegations set forth in paragraph 53 of Defendant is without knowledge or allegations set forth in paragraph 54 of 55. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 55 of and same are denied and strict proof thereof demanded. 56. Denied. To the extent the allegations set forth in paragraph 56 of Plaintiffs' Complaint constitute a conclusion of law, no response is required. To the extent a response is deemed required, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and same are denied and strict proof thereof demanded. 57. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 57 of and same are denied and strict proof thereof demanded. WHEREFORE, Defendant, Michael L. Manzo, demands judgment in his favor and against the Plaintiffs, together with costs of suit. CLAIM III — NEGLIGENT MUTILATION SUSAN M. MARTIN , AS ADMINISTRATRIX OF THE ESTATE OF DAWN M. MARTIN, DECEASED, AND SUSAN M. MARTIN, INDIVIDUALLY AND IN HER OWN RIGHT V. THOMAS N. MILLER 58-59. The allegations set forth in paragraphs 58 and 59 inclusive pertain to a Defendant other than Answering Defendant and no response is required on behalf of Answering Defendant. WHEREFORE, Defendant, Michael L. Manzo, demands judgment in his favor and against the Plaintiffs, together with costs of suit. By way of further answer and defense, Defendant, Michael L. Manzo asserts the following: NEW MATTER DIRECTED TO PLAINTIFF, SUSAN M. MARTIN, AS ADMINISTRATRIX OF THE ESTATE OF DAWN M. MARTIN, DECEASED, AND SUSAN M. MARTIN, INDIVIDUALLY AND IN HER OWN RIGHT V. THOMAS N. MILLER 60. Defendant incorporates herein by reference, as if fully set forth at length, his Answer to Plaintiffs' Complaint, Paragraphs 1 through 59, as hereinabove set forth. 61. Plaintiff's Complaint fails to state a cause of action against Defendant Manzo upon which relief can be granted. 62. Plaintiff's Complaint may be barred by applicable statutes of limitation. 63. The fatal injury to Plaintiff Decedent and the damages claimed by Plaintiff as a result of the incident described in Plaintiff s Complaint were caused solely and directly as the result of acts or omissions of individuals or entities other than answering Defendant over whom answering Defendant had no responsibility or right of control. 64. The fatal injury to Plaintiff Decedent and the damages claimed by Plaintiff as a result of the incident described in Plaintiff's Complaint were caused solely and directly as a result of the acts or omissions, negligence, carelessness, breach of standard of care, and/or other liability producing conduct by Holy Spirit Hospital, its agents, employees, servants, workman and representatives. 65. The fatal injury to Plaintiff Decedent and the damages claimed by Plaintiff as a result of the incident described in Plaintiff's Complaint were caused solely, directly and proximately as a result of the acts by Plaintiff Decedent, Dawn M. Martin in placing herself in the path of multiple oncoming motor vehicles. 66. The fatal injury to Plaintiff Decedent and the damages claimed by Plaintiff as a result of the incident described in Plaintiff's Complaint were caused solely, directly and proximately as a result of the act of suicide by Plaintiff Decedent, Dawn M. Martin. 67. The fatal injury to Plaintiff Decedent and the damages claimed by Plaintiff as a result of the incident described in Plaintiffs Complaint were caused solely and directly as a result of the acts or omissions by Plaintiff Decedent, Dawn M. Martin, negligence, carelessness and recklessness which acts may have consisted of the following: (a) failing to keep alert and maintain a proper look out for traffic and motor vehicles lawfully on the highway; (b) walking along and in motor vehicle traffic lawfully on the highway; (c) running, darting and throwing herself in the path of oncoming vehicular traffic; (d) placing her body on the roadway in traffic lanes directly in the path of oncoming motor vehicles; (e) failing to be continuously alert and perceiving danger reasonably likely to exist; (f) placing herself in a position of peril on a highway designed for vehicular traffic in an unilluminated area; (g) placing herself in a position of peril on a highway designed for vehicular traffic in an unilluminated area while wearing apparel difficult to distinguish from surroundings. 68. As a result of the negligence, carelessness and recklessness of the Plaintiff Decedent, Dawn M. Martin as set forth in the immediately preceding paragraphs, Plaintiffs' claims are barred or diminished in accordance with the application of the Pennsylvania Comparative Negligence Act (42 Pa.C.S.A. § 7102). 69. Deceased Plaintiff, Dawn M. Martin, assumed the risk of her fatal injuries and damages claimed. 70. Deceased Plaintiff, Dawn M. Martin, caused her fatal injuries. 71. Injuries and damages Plaintiff claims were the result of the intentional acts of Plaintiff Decedent and not due to any negligence or carelessness on the part of Answering Defendant. 72. Answering Defendant's liability, individually, or severally, is barred and limited in accord with the provisions of Pennsylvania's Fair Share Act (42 Pa.C.S.A.§ 4102) (a)(1) et seq. 73. Defendant is entitled to a set off from any recovery for the amount of any benefits paid or payable on behalf of the Plaintiffs from any collateral source to the extent permissible under applicable law. 74. In the event Plaintiff is entitled to recover any damages, which Defendant specifically denies, Defendant invokes the prohibition against the imposition on Answering Defendant of any joint and several liability. 75. Any liability, acts or omissions alleged on the part of Answering Defendant is specifically denied and strict proof thereof is demanded. 76. Plaintiff s alleged injuries and damages were directly and proximately caused by the preceding or superseding acts or omissions or conduct of Plaintiff s Decedent, Dawn M. Martin, as set forth hereinabove for which Answering Defendant is not responsible and cannot be held liable. 77. To the extent Plaintiffs have received or are entitled to receive various benefits from insurance arrangements, programs and group contracts of insurance including but not limited to benefits under the Pennsylvania Motor Vehicle Financial Responsibility Law for medical bills and/or income loss, same may not be recovered in this proceeding. 78. As a result of the acts or omissions of Plaintiff Decedent, Dawn M. Martin, as set forth hereinabove, Defendant Manzo was faced with a sudden emergency and as a result, responded reasonably, lawfully and prudently and in the exercise of due care in an effort to take all evasive actions safely possible to try to avoid an impact with Plaintiffs Decedent or with other vehicles in an effort to protect his own life, safety and welfare. 79. The acts or omissions of Plaintiffs Decedent, Dawn M. Martin, as set forth hereinabove bar or diminish Plaintiffs claims pursuant to the applicable doctrines of contributory negligence and/or comparative negligence under the laws of the Commonwealth of Pennsylvania such that Plaintiffs Complaint claims are either completely barred or substantially diminished. 80. At all times relevant, Answering Defendant acted carefully, lawfully, reasonably and prudently under all circumstances presented. WHEREFORE, Defendant, Michael L. Manzo, demands judgment in his favor and against the Plaintiffs, together with costs of suit. NEW MATTER/CROSSCLAIM SUSAN M. MARTIN, AS ADMINISTRATRIX OF THE ESTATE OF DAWN M. MARTIN, DECEASED, AND SUSAN M. MARTIN, INDIVIDUALLY AND IN HER OWN RIGHT V. THOMAS N. MILLER 81. Defendant incorporates herein by reference, as if fully set forth at length, his Answer to Plaintiffs' Complaint, Paragraphs 1 through 80, as hereinabove set forth. 82. The allegations of wrong doing against Defendant Thomas N. Miller as set forth in Plaintiffs' Complaint are incorporated herein by reference for the limited purpose of this Crossclaim. 83. If Plaintiff is entitled to recover from any party, which recovery is expressly denied, then Defendant Thomas N. Miller is alone liable to Plaintiff, jointly and severally liable to Plaintiff with Answering Defendant, or liable over to Answering Defendant based upon the allegations of wrong doing alleged in Plaintiffs' Complaint against Defendant Thomas N. Miller. 84. If Answering Defendant is found liable to Plaintiff, all such liability being expressly denied, his liability is secondary and passive to the liability of Defendant, Thomas N. Miller, whose liability is primarily inactive. 85. Answering Defendant's liability, individually or severally, is barred and limited in accord with the provisions of Pennsylvania's Fair Share Act (42 Pa.C.S.A. § 7102(a).(1) et seq. WHEREFORE, Defendant, Michael L. Manzo, demands judgment in his favor and against the Plaintiffs, Susan M. Martin, as Administratix of the estate of Dawn M. Martin, deceased and Susan M. Martin, individually and/or against Co -Defendant, Thomas N. Miller for any sums that may be adjudged against him in favor of Plaintiff or, in the alternative, demands judgment against Co -Defendant, Thomas N. Miller, for contribution and/or indemnification for all or the appropriate amount of damages and costs awarded to Plaintiff, if any. By: Dated: OCii , 2014 Respectfully submitted, GRIFFITH, ST . ER/ERMAN, SOL A ��► : L S ROBERT A. LE VAN, ESQUIRE PA# 07490 THOMAS B. SPONAUGLE, ESQUIRE PA#64584 Attorney for Defendant, Michael L. Manzo 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax rlerman@gslsc.com tsponaugle@gslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, : DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, vs. Civil Action — Law No. 14-2048 MICHAEL L. MANZO and THOMAS N. MILLER, Defendant. JURY TRIAL DEMANDED VERIFICATION I, Michael L. Manzo, hereby verify that the statements made in the foregoing Answer and New Matter to Plaintiffs' Complaint are true and correct to the best of my personal knowledge or information and belief, as well as reports, records, conferences and other investigatory material made available to me. To the extent that the foregoing contains averments which are inconsistent in fact, I verify that my knowledge or information is sufficient to form a belief that one or more of them is true, although I am currently unable, after reasonable investigation, to ascertain which of the inconsistent averments are true. To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my Verification is made upon the advice of counsel, upon whom I have relied in the filing this document. This Verification is made subject to the penalties of 18 Pa. C.S. § 4904 related to unsworn falsifications to authorities. Dated: /0 - 2 - /' Michael L. Manzo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, vs. Civil Action — Law No. 14-2048 MICHAEL L. MANZO and THOMAS N. MILLER, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this Vday of d 1.Q,(", 2014, I, Robert A. Leman, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Answer, New Matter and Crossclaim of Defendant, Michael L. Manzo, to Plaintiffs' Complaint, by United States Mail, addressed to the party or attorney of record as follows: Michael J. Navitsky, Esquire Navitsky, Olson & Wisneski LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (Counsel for Plaintiff) By: George H. Eager, Esquire Eager, Stengel, Quinn & Sofilka 1347 Fruitville Pike Lancaster, PA 17601-4001 (Counsel for Def-ndant, Thomas N. Miller) GRIFFITH, STRI �i J' , L %' AN, SOLYM ROBERT A. LERMA. QUIRE PA# 07490 Attorney for Defendan ichael L. Manzo 110 South Northern .y York, PA 17402 717-757-7602/717-757-3783 fax rlerman@gslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, vs. MICHAEL L. MANZO and THOMAS N. MILLER, Defendant. CERTIFICATE OF SERVICE AND NOW, this Zr/'ay of Ocloloeir Civil Action — Law No. 14-2048 N CO JURY TRIAL DEMA'D , 2014, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Objections and Responses of Defendant, Michael L. Manzo, to Defendant, Thomas N. Miller's Request for Production of Documents by United States Mail, addressed to the party or attorney of record as follows: Michael J. Navitsky, Esquire Navitsky, Olson & Wisneski LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (Counsel for Plaintiff) manzo-rrfpd-miller George H. Eager, Esquire Eager, Stengel, Quinn & Sofilka 1347 Fruitville Pike Lancaster, PA 17601-4001 (Counsel for De ;dant, Thomas N. Miller) GRIFFITH, STRIJR /ERMAN, SOLYMSj+: / / BY • Robert A. Lerman squire PA#07490 Attorney for Def ant, Michael L. Manzo 110 South North, rn Way York, PA 17402 (717) 757-7602/(717)-757-3783 fax rlermanngslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, vs. MICHAEL L. MANZO and THOMAS N. MILLER, Defendant. ry CERTIFICATE OF SERVICE AND NOW, this 2 /day of oc,-6 Civil Action — Laww No. 14-2048 JURY TRIAL DEMANDED , 2014, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Objections and Answers of Co -Defendant, Michael L. Manzo, to Co -Defendant, Thomas N. Miller's Interrogatories by United States Mail, addressed to the party or attorney of record as follows: Michael J. Navitsky, Esquire Navitsky, Olson & Wisneski LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (Counsel for Plaintiff) manzo-ati-miller George H. Eager, Esquire Eager, Stengel, Quinn & Sofilka 1347 Fruitville Pike Lancaster, PA 17601-4001 (Counsel for Defen► ant, T . mas N. Miller) TRI K %"/ '�AN GRIFFITH, S C , SOLYMOS : � ,. r S BY Robert A. Lerman,''ire PA#07490 Attorney for Defen t, Michael L. Manzo 110 South Northe 'Way York, PA 17402 (717) 757-7602/(717)-757-3783 fax rlerman@gslsc.com f:11 E07OFi= ICE THE PROTHONOTARY 20I4 NOV -3 PM 2: 20 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, vs. Civil Action = Law No. 14-2048 MICHAEL L. MANZO and THOMAS N. MILLER, Defendant. JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant, Michael L. Manzo, certifies that: (1) A Notice of Intent to Serve the Subpoenas with a copy of the Subpoena attached thereto was mailed or delivered to each party at least twenty (20) 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) Plaintiff's counsel has waived the twenty (20) -day objection period to lapse without raising any objections (See attached Waiver); and, (4) The Subpoena which will be served is identical to the Subpoena which is attached to the Notice of Intent to Serve the Subpoenas. GRIFFITH, STRICKLER, LFRMAN, SOLYMOS & CALKINS DATED: October 31, 2014 BY: Thomas B. pon. :, ', Esquire PA#64584 110 South Nort - ' Way York, PA 1740 717-757-7602/717-757-3783 fax tsponaugle@gslsc.com Attorney for Defendant, Michael L. Manzo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, vs. Civil Action — Law No. 14-2048 MICHAEL L. MANZO and THOMAS N. MILLER, Defendant. JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 I, Thomas B. Sponaugle, Esquire, counsel for Defendant, Michael L. Manzo, intend to serve the Subpoena identical to that attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the Subpoena. If no objection is made, the Subpoena may be served. GRIFFITH, STRICKLER, LE y N, , d LY ► OS & CALKINS DATED: October 0/, 2014 BY: Thomas B. S onaugle ' squire PA#64584 110 South Northern n ay York, PA 17402 717-757-7602/717-757-3783 fax tsponauglenu,gsl sc.com Attorney for Defendant, Michael L. Manzo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, vs. Civil Action — Law No. 14-2048 MICHAEL L. MANZO and THOMAS N. MILLER, Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Holy Spirit Hospital, 503 N 21st St., Camp Hill, PA 17011 (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: Any and all admitting and discharge summaries, consultation reports, x-rays and other diagnostic reports (please provide a list of diagnostic films and we will select which ones we want duplicated) and emergency room records and billing records from April 17, 2002, up to and including the present time regarding Dawn M. Martin, Deceased, Date of Birth: 06/20/1981. at Griffith, Strickler, Lerman, Solymos & Calkins, 110 S. Northern Way, York, PA 17402-3737 (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. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID: ATTORNEY FOR: DATE: THOMAS B. SPONAUGLE, ESQ. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 (717) 757-7602 64584. Defendant, Acme Markets, Inc. BY THE COURT: Seal of Court Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, : Civil Action — Law DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, vs. No. 14-2048 MICHAEL L. MANZO and THOMAS N. MILLER, Defendant. JURY TRIAL DEMANDED ellay CERTIFICATE OF SERVICE AND NOW, this October, 2014, I, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have, this date, served a copy of Notice Of Intent To Serve Subpoenas to Produce Documents And Things For Discovery Pursuant To Rule 4009.21 by United States Mail, addressed to the party or attorney of record as follows: Michael J. Navitsky, Esquire Navitsky, Olson & Wisneski LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (Counsel for Plaintiff) lar/manzo-noi.waiver George H. Eager, Esquire Eager, Stengel, Quinn & Sofilka 1347 Fruitville Pike Lancaster, PA 17601-4001 (Counsel for Defendant, Thomas N. Miller) GRIFFITH, STRICKLE : , :^" , SOLYMOS & Thomas B. Sponaje, Esquire PA#64584 110 South North:- , Way York, PA 17402 717-757-7602/717-757-3783 fax tsponaugle@gslsc.com Attorney for Defendant, Michael L. Manzo BY: CALKINS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, : DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, vs. MICHAEL L. MANZO and THOMAS N. MILLER, Civil Action — Law No. 14-2048 Defendant. JURY TRIAL DEMANDED WAIVER OF NOTICE OF INTENT TO SERVE SUBPOENAS I, Michael J. Navitsky, Esquire, attorney for Plaintiff, hereby waive the 20- day Notice of Intent to Serve Subpoenas pursuant to 4009.22. I further have no objection to the Defendant serving the Subpoena(s) directed to the following provider(s) upon the filing of this Waiver: 1. Holy Spirit Hospital lar/m an z o -n o i .waiver By: Michael J. itsky, Esq Navitsky, • son & Wisness LP 2040 Linglestown Road, Suit, 303 Harrisburg, PA 17110 Counsel for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, : Civil Action — Law DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, vs. No. 14-2048 MICHAEL L. MANZO and THOMAS N. MILLER, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this r)j 1 day October, 2014, I, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have, this date, served a copy of Certificate Prerequisite to Service of Subpoenas Pursuant to Rule 4009.22 by United States Mail, addressed to the party or attorney of record as follows: Michael J. Navitsky, Esquire Navitsky, Olson & Wisneski LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (Counsel for Plaintiff) lar/manzo-certprereq George H. Eager, Esquire Eager, Stengel, Quinn & Sofilka 1347 Fruitville Pike Lancaster, PA 17601-4001 (Counsel for De ndant, Thomas N. Miller) GRIFFITH, STRICKL CALKINS BY: Thomas B. Sponaugle,ar/ ; e PA. :4584 110 South Northern York, PA 17402 717-757-7602/717-7'i -1 83 fax tsponaugle@gslsc.com Attorney for Defendant, Michael L. Manzo , SOLYMOS & L ()MINIM, rILE11-VrH-:t: OF THE P Rj0 T H 0 NO TAR \?` 2614 NOV -5 PH 12: 2L CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SUSAN M. MARTIN, as Administratrix of : the Estate of DAWN M. MARTIN, Deceased,: and SUSAN M. MARTIN, Individually and in : her own right, Plaintiffs v. NO. 14-2048 Civil MICHAEL L. MANZO and THOMAS N. JURY TRIAL DEMANDED MILLER, Defendants ANSWER OF CO-DEFENDANT THOMAS N. MILLER TO NEW MATTER/CROSSCLAIM OF CO-DEFENDANT MICHAEL L.MANZO 81. Without admitting the truth or falsity thereof, Answering Defendant Thomas N. Miller incorporates herein by reference paragraphs 1 through 80 of co-defendant Michael L. Manzo's Answer and New Matter as if set forth in their entirety. 82-85. Answering Defendant Thomas N. Miller denies any and all liability to Plaintiff but avers that if Plaintiff is entitled to recovery based upon the allegations of the Complaint, or proof entered in support thereof, then any such right of recovery is due and based solely upon the acts or omissions of co-defendant, Michael L. Manzo, against whom Answering Defendant Thomas N. Miller asserts a right of contribution and/or indemnity for any damages for which he may be determined to be liable to Plaintiff. WHEREFORE, Answering Defendant Thomas N. Miller demands that this honorable court enter an Order stating that Answering Defendant Thomas N. Miller is not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Co -Defendant, Michael L. Manzo and is not liable over to Co -Defendant, Michael L. Manzo, by way of indemnity, contribution or otherwise and Answering Defendant Thomas N. MHer asks that judgment be entered in his favor and against Plaintiff on all claims set forth in Plaintiffs Complaint. DATE: )10-61 i/\ BY: EAGER, STENGEL, QUINN & SOFILKA George H. Eager, quire Attorney for Def dant Thomas N. Miller I.D. No. 2774 1347 FruitvIIe Pike Lancaster, PA 17601 (717) 290-7971 VERIFICATION 1, GEORGE H. EAGER, hereby verify that I am the attorney for the Defendant Thomas N. Miller in the herein lawsuit, that 1 am authorized by the Defendant Thomas N. Miller to make this Verification and that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements contained therein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Dated: /1)031 CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that 1 have this day served a true and correct copy of the foregoing document upon the person set forth below and in the manner indicated: First class mail, postage pre -paid: Michael J. Navitsky, Esquire Navitsky, Olson & Wisneski, LLP 2O4OUDg1esbzwORoad, Suite 3O3 Harrisburg, PA 17110 Attorney for Piaintiff DATE: ///03N Robert A. Lerman, Esquire Griffith, Strickler, Lerman, So|yrnos & Calkins 110 South Northern Way York, PA 17402-3737 Attorney for Defendant Manzo BY: EAGER, STENGEL, QUINN & SOFILKA George H. Eage Attorney for De LD. No. 27740 1347 Fruitviiie Pike Lancaster, PA 17601 homas N. Miller F L ) Fist C PEI! YL NIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, vs. Civil Action — Law No. 14-2048 MICHAEL L. MANZO and THOMAS N. MILLER, Defendant. JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant, Michael L. Manzo, certifies that: (1) A Notice of Intent to Serve the Subpoenas with a copy of the Subpoena attached thereto was mailed or delivered to each party at least twenty (20) 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) Plaintiff's counsel has waived the twenty (20) -day objection period to lapse without raising any objections (See attached Waiver); and, (4) The Subpoena which will be served is identical to the Subpoena which is attached to the Notice of Intent to Serve the Subpoenas. GRIFFITH, STRICKLER, LE AN, SOLYMOS & CALKINS DATED: November 4, 2014 BY: Thomas B. S.onaugle, PA#64584 110 South Northern York, PA 17402 717-757-7602/717-757-3783 fax tsponaugle@gslsc.com Attorney for Defendant, Michael L. Manzo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • SUSAN M. MARTIN,, as Administratrix of the Estate of; : Civil Action — Law DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and inther own right, Plaintiffs, vs. No. 14-2048 MICHAEL L. MANZO and THOMAS N. MILLER, Defendant. JURY TRIAL DEMANDED NOTICE OF. INTENT TO SERVE SUBPOENAS -TO PRODUCE. DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 I, Thomas B. Sponaugle, Esquire, counsel for Defendant, Michael L. Manzo, intend to serve the Subpoena identical to that attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the Subpoena. If no objection is made, the Subpoena may be served. GRIFFITH, STRICKL R, LERMAN, SOLYMOS & CALKINS DATED: October GO, 2014 BY: Thomas :on. P_" esquire PA#64584 110 South North �� ay York, PA 1740 717-757-7602/717-757-3783 fax tsponaugle@gslsc.com Attorney for Defendant, Michael L. Manzo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, vs. Civil Action — Law No. 14-2048 MICHAEL L. MANZO and THOMAS N. MILLER, Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 - 4009.27 To: East Pennsboro Township Police Department 98 South Enola Drive Enola, PA 17025 717-732-3633 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Complete accident investigation file, including Police Incident Report, supplemental reports, citations issued, color photographs, scene diagrams, and accident reconstruction reports, charges filed, coroner's report, videotape, witness statements, in connection with motor vehicle/pedestrian accident that occurred on April 17, 2012 on Erford Road interchange, also known as Harvey Taylor Bridge Bypass, of State Route 11/15, in the right hand, westbound land of travel in Enola, Cumberland County, PA, involving Dawn M. Martin, deceased, and Michael L. Manzo and Thomas N. Miller, Incident No.2012-04-0352. at Griffith, Strickler, Lerman, Solymos & Calkins, 110 S. Northern Way, York, PA 17402-3737 (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. 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: THOMAS B. SPONAUGLE, ESQUIRE ADDRESS: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 64584 ATTORNEY FOR: Defendant DATE: BY THE COURT: Seal of Court Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, : Civil Action — Law DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, vs. No. 14-2048 MICHAEL L. MANZO and THOMAS N. MILLER, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this day October, 2014, I, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have, this date, served a copy of Notice Of Intent To Serve Subpoenas to Produce Documents And Things For Discovery Pursuant To Rule 4009.21 by United States Mail, addressed to the party or attorney of record as follows: Michael J. Navitsky, Esquire Navitsky, Olson & Wisneski LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (Counsel for Plaintiff) lar/manzo-noi. waiver George H. Eager, Esquire Eager, Stengel, Quinn & Sofilka 1347 Fruitville Pike Lancaster, PA 17601-4001 (Counsel for Defendant, Thomas N. Miller) GRIFFITH, STRICKLE CALKINS BY: SOLYMOS & Thomas B. Spona/e, Esquire PA#64584 110 South North- s Way York, PA 17402 717-757-7602/717-757-3783 fax tsponaugle(,gslsc.com Attorney for Defendant, . Michael L. Manzo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, Civil Action — Law DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, vs. MICHAEL L. MANZO and THOMAS N. MILLER, No. 14-2048 Defendant. JURY TRIAL DEMANDED WAIVER OF NOTICE OF INTENT TO SERVE SUBPOENAS I, Michael J. Navitsky, Esquire, attorney for Plaintiff, hereby waive the 20- day Notice of Intent to Serve Subpoenas pursuant to 4009.22. I further have no objection to the Defendant serving the Subpoena(s) directed to the following provider(s) upon the filing of this Waiver: 1. East Pennsboro Township Police Department Dated: lar/manzo-no i.waiver2 By: Michael J. vitsky, Esq Navitsky, Olson & Wisnes i LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 Counsel for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, vs. Civil Action — Law No. 14-2048 MICHAEL L. MANZO and THOMAS N. MILLER, Defendant. JURY TRIAL DEMANDED ' CERTIFICATE OF SERVICE AND NOW, this s d' y of November, 2014, I, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have, this date, served a copy of Certificate Prerequisite to Service of Subpoenas Pursuant to Rule 4009.22 by United States Mail, addressed to the party or attorney of record as follows: Michael J. Navitsky, Esquire Navitsky, Olson & Wisneski LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (Counsel for Plaintiff) lar/manzo-certprereg2 George H. Eager, Esquire Eager, Stengel, Quinn & Sofilka 1347 Fruitville Pike Lancaster, PA 1 .01-4001 (Counsel for ►r efend. t, Thomas N. Miller) GRIFFITH, STRIC CALKIN BY: AN, SOLYMOS & Thomas `I p gle, Esquire PA#64584 110 South No•rn Way York, PA 17 4/ 2 717-757-761/ /717-757-3783 fax tsponaugle@gslsc.com Attorney for Defendant, Michael L. Manzo IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiff v. MICHAEL L. MANZO and THOMAS N. : MILLER, NO. 14-2408 Civil OFT I OF FIC r l"tf14NOV _� AUT,~�7i� Gt!BERL,:~i�'p COUNT'y PENNSYLVANIA CIVIL ACTION — LAW Defendants JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANT MICHAEL L. MANZO'S NEW MATTER AND NOW, comes the Plaintiff, Susan Martin, as Administratrix of the Estate of Dawn M. Martin, Deceased, and Susan M. Martin, Individually and in her own right, by and through her attorneys, Navitsky, Olson & Wisneski LLP, and hereby enters the following Answer to the New Matter of Defendant Michael L. Manzo to Plaintiff's Complaint: 60. The allegations require no response. To the extent that any response is required, said allegations are denied. Plaintiff incorporates her Complaint herein by reference as if set forth at length. 61. The allegation constitutes a conclusion of law to which no response is required. To the extent that any response is required, said allegation is denied. Plaintiff's Complaint states a cause of action against Defendant Manzo upon which relief can be granted. 62. The allegation constitutes a conclusion of law to which no response is required. To the extent that any response is required, said allegation is denied. Plaintiff's Complaint was timely filed. 63. The allegation constitutes a conclusion of law to which no response is required. To the extent that any response is required, said allegation is denied. Plaintiff incorporates the allegations of her Complaint as if set forth herein at length. Defendant was negligent and Defendant's negligence caused Plaintiff's decedent's death and damages set forth in Plaintiff's Complaint. 64. The allegation constitutes a conclusion of law to which no response is required. To the extent that any response is required, Plaintiff incorporates the allegations of her Complaint as if set forth at length. Defendant's negligence was a substantial factor in causing or contributing to the cause of Plaintiff's decedent's death and damages set forth in Plaintiff's Complaint. 65. Denied. Plaintiff's decedent neither negligently nor intentionally placed herself in the path of multiple oncoming motor vehicles. Plaintiff incorporates the allegations set forth in her Complaint as if set forth herein at length. 66. Denied. Plaintiff's decedent neither negligently nor intentionally placed herself in the path of multiple oncoming motor vehicles. Plaintiff incorporates the allegations set forth in her Complaint as if set forth herein at length. 67. The allegations constitute conclusions of law to which no response is required. To the extent that any response is required, said allegations are denied. Plaintiff's decedent was not negligent in any fashion. Plaintiff incorporates the allegations of her Complaint as if set forth herein at length. Plaintiff specifically denies the allegations asserted by Defendant in subparagraphs (a -g) and demands strict proof of said allegations. Specifically, Plaintiff's decedent, Dawn M. Martin, was neither negligent, careless, nor reckless in any of the following particulars cited by Defendant: (a) failing to keep alert and maintain a proper look out for traffic 2 and motor vehiclese lawfully on the highway; (b) walking along and in motor vehicle traffic lawfully on the highway; (c) running, darting and throwing herself in the path of oncoming vehicular traffic; (d) placing her body on the roadway in traffic lanes directly in the path of oncoming motor vehicles; (e) failing to be continuously alert and perceiving danger reasonably likely to exist; (f) placing herself in a position of peril on a highway designed for vehicular traffic in an unilluminated area; and (g) placing herself in a position of peril on a highway designed for vehicular traffic in an unilluminated area while wearing apparel difficult to distinguish from surroundings. Plaintiff denies each of the aforesaid allegations. 68. The allegation constitutes a conclusion of law to which no response is required. To the extent that any response is required, said allegation is denied. Plaintiffs decedent was not negligent in any fashion. Plaintiffs claims are therefore not barred, nor diminished in accordance with the application of the Pennsylvania Comparative Negligence Act. 69. The allegation constitutes a conclusion of law to which no response is required. To the extent that any response is required, said allegation is denied. Plaintiffs decedent did not assume the risk of her fatal injuries and damages as set forth in Plaintiffs Complaint. 70. The allegation constitutes a conclusion of law to which no response is required. To the extent that any response is required, said allegation is denied. Plaintiffs decedent did not cause her death. 71. The allegation constitutes a conclusion of law to which no response is required. To the extent that any response is required, said allegation is denied. Plaintiffs decedent did not intentionally cause her death and injuries and damages set forth in the Complaint, nor was Plaintiffs decedent negligent or careless in any fashion. To the contrary, the injuries and 3 damages set forth in Plaintiff's Complaint were caused by Defendant's negligence as set forth in the Complaint. 72. The allegation constitutes a conclusion of law to which no response is required. To the extent that any response is required, said allegation is denied. Defendant was negligent and his negligence caused or substantially contributed to the cause of Plaintiff's death and injuries and damages set forth in the Complaint. 73. The allegation constitutes a conclusion of law to which no response is required. To the extent that any response is required, said allegation is denied. There is no set off from any recovery applicable to this case. 74. The allegation constitutes a conclusion of law to, which no response is required. To the extent that any response is required, said allegation is denied. Defendant was negligent and his negligence caused Plaintiff's death and the injuries and damages set forth in the Complaint. There is no prohibition against the imposition of liability against the Defendant. 75. The allegation constitutes a conclusion of law to which no response is required. To the extent that any response is required, said allegation is denied. Defendant was negligent and his negligence caused Plaintiff's decedent's death and the injuries and damages set forth in the Complaint. 76. The allegation constitutes a conclusion of law to which no response is required. To the extent that any response is required, said allegation is denied. Plaintiff's decedent neither acted intentionally nor negligently with respect to the cause of her death and injuries and damages set forth in the Complaint. To the contrary, her death and injuries and damages were caused by the Defendant's negligence as set forth in Plaintiff's Complaint, and Defendant is, 4 therefore, responsible and liable for all injuries and damages, including the death of Dawn Martin, as set forth in the Complaint. 77. The allegation constitutes a conclusion of law to which no response is required. To the extent that any response is required, said allegation is denied as not applicable to the facts of this case. Defendant is responsible for all injuries and damages, including the death of Dawn Martin, as set forth in the Complaint. 78. The allegation constitutes a conclusion of law to which no response is required. To the extent that any response is required, said allegation is denied. The doctrine of sudden emergency does not apply to the facts of this case as Defendant Manzo was not faced with a sudden emergency. Plaintiff denies that Defendant Manzo responded reasonably, lawfully, and prudently and in the exercise of due care in an effort to take all evasive actions safely possible to try to avoid an impact with Plaintiff's decedent or with other vehicles in an effort to protect his own life, safety, and welfare. Plaintiff demands strict proof of said allegations, which are again denied, and Plaintiff reiterates the allegations set forth in her complaint and incorporates same herein by reference. 79. The allegation constitutes a conclusion of law to which no response is required. To the extent that any response is required, said allegation is denied. Plaintiff's decedent was not negligent in any fashion. The doctrines of contributory negligence and/or comparative negligence do not apply to this case. 80. The allegation constitutes a conclusion of law to which no response is required. To the extent that any response is required, said allegation is denied. Defendant was negligent and his negligence caused or contributed to the cause of Plaintiff's decedent's death and injuries and damages set forth in the Complaint. 5 PLAINTIFF'S ANSWER TO NEW MATTER/CROSS-CLAIM OF DEFENDANT MICHAEL L. MANZO 81. The allegation constitutes a conclusion of law to which no response is required. To the extent that any response is required, said allegation is denied. Plaintiff incorporates her Complaint as if set forth in its entirety herein. 82. The allegation requires no response. 83. The allegation constitutes a conclusion of law to which no response is required. Plaintiff reiterates the allegations of her Complaint as if set forth at length herein. 84. The allegation constitutes a conclusion of law to which no response is required. Plaintiff reiterates the allegations of her Complaint as if set forth herein at length. 85. The allegation constitutes a conclusion of law to which no response is required. To the extent that any response is required, said allegation is denied. WHEREFORE, Plaintiff, Susan Martin, as Administratrix of the Estate of Dawn M. Martin, Deceased, and Susan M. Martin, Individually and in her own right, respectfully requests this Honorable Court to dismiss Defendant Michael L. Manzo's New Matter and New Matter/Cross-Claim and that judgment be entered in favor of Plaintiff. Date: November 5, 2014 Respectfully submitted, NAV TSKY, OLSO & WIS ' SKI LLP • Michael sky, Esqu I.D. No. Jr..03 2040 Linglestown Road, SuiT 303 Harrisburg, PA 17110 717/541-9205 Counsel for Plaintiff 6 VERIFICATION COMMONWEALTH OF PENNSYLVANIA : ss COUNTY OF DAUPHIN I, Michael J. Navitsky, Esquire, being duly sworn according to law, depose and say that I am counsel for Plaintiff and that I am authorized to make this Verification on behalf of said Plaintiff, and that the facts set forth in the foregoing Answer to New Matter are true and correct to the best of my knowledge, information and belief or, are true and correct based on the information obtained from the Plaintiff. Date: 6-121 Sworn to and subscribed before me this SW\ day of Nov err \ &—, 2014. Notary Public My Commission expires: cOMiMONWEALTN OF PENNSYLVANIA NOTARIAL SEAL Leis E. SaoWler, Notary %Mk Susquehanna Twp., Doup1M County My Commission Espka Mon* 2$ 2017 Memt,e,. Pertrisytvortb Association 01 CERTIFICATE OF SERVICE I, Lois Stauffer, an employee of the law firm of Navitsky, Olson & Wisneski LLP, hereby certify that a true and correct copy of the foregoing Plaintiff's Answer to Defendant Michael L. Manzo's New Matter was served upon the following persons via first-class United States mail, postage prepaid on November 5, 2014: George H. Eager, Esquire Eager, Stengel, Quinn & Sofilka 1347 Fruitville Pike Lancaster, PA 17601-4001 Counsel for Defendant Thomas N. Miller Robert A. Lerman, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402-3737 Counsel for Defendant Michael L. Manzo Lois Stauffer IN THE COURT OF COMMONAB`OreUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SUSAN M. MARTIN, as Administratrix of : the Estate of DAWN M. MARTIN, Deceased,: and SUSAN M. MARTIN, Individually and in : her own right, Plaintiffs v. NO. 14-2048 Civil MICHAEL L. MANZO and THOMAS N. JURY TRIAL DEMANDED MILLER, 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: ))(1 George H. - ag= quire Attorney for D dant I.D. No. 277 1347 Fruitvi Pike Lancaster, PA 17601 (717) 290-7971 :27 PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND COUNTY Susan M. Martin, as Administratix of the Estate of Dawn M. Martin, Deceased, and Susan M. Martin, Individually and in Her Own Right, Plaintiff vs. Michael L. Manzo and Thomas N. Miller, Defendants Court of Common Pleas NO. 14-2048 Civil NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Record Type: Gary Dressler 911 Cumberland County Miscellaneous TO: Michael 1 Navitsky, 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: 10/16/2014 CC: George H. Eager, Esquire of Eager, Stengel, Quinn & Sofilka - Court of Common Pleas 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 Litigation Solutions, LLC on behalf of: George H. Eager, Esquire Defense Pittsburgh,. PA 15227 COUNSEL LISTING FOR SUSAN M. MARTIN, AS ADMINISTRATIX OF THE ESTATE OF DAWN M. MARTIN, DECEASED, AND SUSAN M. MARTIN, INDIVIDUALLY AND IN HER OWN RIGHT, PLAINTIFF VS. MICHAEL L. MANZO AND THOMAS N. MILLER, DEFENDANTS County of Cumberland County Court of Common Pleas Counsel Firm Counsel Type Navitsky, Esquire, 2040 Linglestown Road Suite 303 Harrisburg PA 17110 P: Opposing Michael J. 717-541-9205 F: 717-541-9206 Counsel Lerman, Esquire, 110 South Northern Way York PA 17402 P: 717-757-7602 F: Other Robert A. 717-757-3783 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Susan M. Martin, as Administratix of the Estate of Dawn M. Martin, Deceased, and Susan M. Martin, Individually and in Her Own Right, Plaintiff VS. c Plaintiff File No. Michael L. Manzo and Tomas N. Miller, Defendants TO: Defendant NO. 14-2048 Civil SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Gary Dressler 911 Cumberland County (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 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 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: NAMEGeorge H. Eager, Esquire ADDRESS1347 Fruitville Pike Lancaster, PA, 17601 TELEPHONE717 -2 90-7 971 SUPREME COURT ID 14774o ATTORNEY FOR:De fens e Date: BY THE COURT: Prothonotary, Civil Division erztai Deputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Gary Dressler 911 Cumberland County 1 Public Safety Drive Carlisle PA 17013 Attention: Records Department Subject: Martin, Susan SS#: N/A Date of Birth: 06/20/1981 Requested Items: Please provide a copy of the 911 call (from 717-731-2423) at approx. 10:50 p.m. -11:00 p.m.on 4/17/12; Pedestrian accident occurring on Harvey Taylor Bridge Bypass - just west of Erford Road. 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: Michael J. Navitsky, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 Attorney for Plaintiff DATE: ID -la. --114 Robert A. Lerman, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 Attorney for Defendant Manzo BY: EAGER, STENGEL, QUINN & SOFILKA George H. Eager quire Attorney for De ant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, Civil Action—Law DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, : vs. No. 14-2048 MICHAEL L. MANZO and THOMAS N. MILLER, Defendant. JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant, Michael L. Manzo, certifies that: (1) A Notice of Intent to Serve the Subpoenas with a copy of the Subpoenas attached thereto was mailed or delivered to each party at least twenty(20)days prior to the date on which the Subpoenas are sought to be served, (2) A copy of the Notice of Intent,including the proposed Subpoenas,are attached to this Certificate, (3) Plaintiff s counsel has allowed the twenty(20)-day objection period to lapse without raising any objections; and, (4) The Subpoenas which will be served are identical to the Subpoenas which are attached to the Notice of Intent to Serve the Subpoenas. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS DATED: January lP , 2015 BY: Thomas B. Spo g , Esquire PA#64584 110 South Not Way York, PA 17402 717-757-7602/717-757-3783 fax tsponaugle(pgslsc.com Attorney for Defendant, Michael L. Manzo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, Civil Action—Law DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, vs. No. 14-2048 MICHAEL L. MANZO and THOMAS N. MILLER, Defendant. JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 I,Thomas B. Sponaugle,Esquire,counsel for Defendant,Michael L.Manzo,intend to serve the Subpoenas identical to those 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 Subpoenas. If no objection is made, the Subpoenas maybe served. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS DATED: December �d , 2014 BY: Thomas gle, squire PA#64584 110 South Not teenm Way York, PA 17402 717-757-7602/717-757-3783 fax tsponau lg��gslsc.com Attorney for Defendant, Michael L. Manzo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, Civil Action—Law DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, vs. No. 14-2048 MICHAEL L. MANZO and THOMAS N. MILLER, Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Hamilton Health, 110 S. 17th Street, Harrisburg PA 17104 (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: Any and all office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays (reports only, no actual films), progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations, billing and billing records and any other medical records of any kind from ARM 17, 2002 up to and including the present time regarding Dawn M. Martin, Deceased, Date of Birth: 06/20/1981. at Griffith, Strickler, Lerman. Solymos &Calkins. 110 S. Northern Way York PA 17402-3737 (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. 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: THOMAS B. SPONAUGLE, ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Wax, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 64584 ATTORNEY FOR: Defendant, Michael L. Manzo BY THE COURT: DATE: Seal of Court Prothonotary/Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, Civil Action—Law DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, ; Plaintiffs, VS. No. 14-2048 MICHAEL L. MANZO and THOMAS N. MILLER, Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Dr. Arif Shaikh, 239 S. Front Street Steelton PA 17113 (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: Any and all office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays (reports only, no actual films), progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations, billing and billing records and any other medical records of any kind from April 17, 2002 uD to and including the present time regarding Dawn M. Martin, Deceased, Date of Birth: 06/20/1981. at Griffith. Strickler, Lerman. Solymos& Calkins 110 S Northern Way York PA 17402-3737 (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. 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: THOMAS B. SPONAUGLE, ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN SOLYMOS & CALKINS 110 South Northern Way York PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 64584 ATTORNEY FOR: Defendant, Michael L. Manzo BY THE COURT: DATE: Seal of Court Prothonotary/Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, Civil Action—Law DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, : VS. No. 14-2048 MICHAEL L. MANZO and THOMAS N. MILLER, Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Philhaven 283 S. Butler Road., Mt. Gretna PA 17046 (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: Any and all admitting and discharge summaries, consultation reports, x-rays and other diagnostic reports (reports only, no films), emergency room records, mental and behavioral healthcare records, and billing records from April 17, 2002, up to and including the present time regarding Dawn M. Martin, Deceased, Date of Birth: 06/2011981. at Griffith. Strickler, Lerman, Solymos &Calkins 110 S Northern Way York PA 17402-3737 (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. 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: THOMAS B. SPONAUGLE, ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 64584 ATTORNEY FOR: Defendant, Michael L. Manzo BY THE COURT: DATE: Seal of Court Prothonotary/Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, Civil Action—Law DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, vs. No. 14-2048 MICHAEL L. MANZO and THOMAS N. MILLER, : Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Roxbury Treatment Center, 601 Roxbury Road Shippensburg PA 17257 (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: Any and all admitting and discharge summaries, consultation reports, x-rays and other diagnostic reports (reports only, no films), emergency room records, mental and behavioral healthcare records, and billing records from April 17, 2002, up to and including the present time regarding Dawn M. Martin, Deceased, Date of Birth: 06/20/1981. at _Griffith, Strickler. Lerman Solymos & Calkins 110 S Northern Way York PA 17402-3737 (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. 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: THOMAS B. SPONAUGLE, ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 64584 ATTORNEY FOR: Defendant, Michael L. Manzo BY THE COURT: DATE: Seal of Court Prothonotary/Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, Civil Action—Law DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, ; VS. No. 14-2048 MICHAEL L. MANZO and THOMAS N. MILLER, Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Pinnacle Health, 409 2nd Street Harrisburg PA 17104 (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: Any and all admitting and discharge summaries, consultation reports, x-rays and other diagnostic reports (reports only, no films), emergency room records, mental and behavioral healthcare records, and billing records from April 17, 2002, up to and including the present time regarding Dawn M. Martin, Deceased, Date of Birth: 06/20/1981. at Griffith. Strickler, Lerman, Solvmos& Calkins 110 S Northern Way, York PA 17402-3737 (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. 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: THOMAS B. SPONAUGLE, ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way York PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 64584 ATTORNEY FOR: Defendant, Michael L. Manzo BY THE COURT: DATE: Seal of Court Prothonotary/Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, Civil Action—Law DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, ; vs. No. 14-2048 MICHAEL L. MANZO and THOMAS N. MILLER, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW,this Wday of December,2014,1,Thomas B. Sponaugle,Esquire,a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have, this date, served a copy of Notice Of Intent To Serve Subpoenas to Produce Documents And Things For Discovery Pursuant To Rule 4009.21 by United States Mail, addressed to the party or attorney of record as follows: Michael J. Navitsky, Esquire George H. Eager, Esquire Navitsky, Olson& Wisneski LLP Eager, Stengel, Quinn& Sofilka 2040 Linglestown Road, Suite 303 1347 Fruitville Pike Harrisburg, PA 17110 Lancaster, PA 17601-4001 (Counsel for Plaintiff) (Counsel for Defendant, Thomas N. Miller) GRIFFITH, STRICKLER, ERM , SOLYMOS & CALKINS BY: Thomas B. S naug squire PA464584 110 South Northeay York, PA 17402 717-757-7602/717-757-3783 fax is onaugleggslsc.com Attorney for Defendant, Michael L. Manzo lar/manzo-noi.waiver3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, Civil Action—Law DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, : VS. No. 14-2048 MICHAEL L. MANZO and THOMAS N. MILLER, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW,this l0 day of January, 2015,I,Thomas B. Sponaugle,Esquire,a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have, this date, served a copy of Certificate Prerequisite to Service of Subpoenas Pursuant to Rule 4009.22 by United States Mail, addressed to the party or attorney of record as follows: Michael J. Navitsky, Esquire George H. Eager, Esquire Navitsky, Olson & Wisneski LLP Eager, Stengel, Quinn& Sofilka 2040 Linglestown Road, Suite 303 1347 Fruitville Pike Harrisburg, PA 17110 Lancaster, PA 17601-4001 (Counsel for Plaintiff) (Counsel for Defendant, Thomas N. Miller) GRIFFITH, STRICKLER LERM , SOLYMOS & CALKINS BY: Thomas B. Spon uire PA464584 110 South NortWay York, PA 17402 717-757-7602/717-757-3783 fax tsponaugleg gslsc.com Attorney for Defendant, Michael L. Manzo 1 ar/manzo-certprereq 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, Civil Action—Law DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, VS. No. 14-2048 MICHAEL L. MANZO and THOMAS N. MILLER, Defendant. JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant, Michael L. Manzo, certifies that: (1) A Notice of Intent to Serve the Subpoenas with a copy of the Subpoenas attached thereto was mailed or delivered to each party at least twenty(20)days prior to the date on which the Subpoenas are sought to be served, (2) A copy of the Notice of Intent,including the proposed Subpoenas,are attached to this Certificate, (3) Plaintiff's counsel has allowed the twenty(20)-day objection period to lapse without raising any objections; and, (4) The Subpoenas which will be served are identical to the Subpoenas which are attached to the Notice of Intent to Serve the Subpoenas. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS DATED: January 2015 BY: Thomas B. Spo g , Esquire PA#64584 110 South No ern Way York, PA 17402 717-757-7602/717-757-3783 fax tsponaugle(& ,gslsc.com Attorney for Defendant, Michael L. Manzo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, Civil Action—Law DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, VS. No. 14-2048 MICHAEL L. MANZO and THOMAS N. MILLER, Defendant. JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 1,Thomas B. Sponaugle,Esquire,counsel for Defendant,Michael L.Manzo,intend to serve the Subpoenas identical to those 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 Subpoenas. If no objection is made, the Subpoenas may be served. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS DATED: December �� , 2014 BY: Thomas pgle, squire PA#64584 110 South No ern Way York, PA 17402 717-757-7602/717-757-3783 fax tsponaugleggslsc.com Attorney for Defendant, Michael L. Manzo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, Civil Action—Law DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, VS. No. 14-2048 MICHAEL L. MANZO and THOMAS N. MILLER, Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Hamilton Health 110 S. 17th Street, Harrisburg, PA 17104 (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: Any and all office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays (reports only, no actual films), progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations, billing and billing records and any other medical records of any kind from April 17 2002 up to and including the present time regarding Dawn M. Martin, Deceased, Date of Birth: 06/20/1981. at Griffith Strickler Lerman Solymos &Calkins 110 S Northern Way, York, PA 17402-3737 (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. 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: THOMAS B. SPONAUGLE, ESQ. ADDRESS: GRIFFITH STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 64584 ATTORNEY FOR: Defendant, Michael L. Manzo BY THE COURT: DATE: Seal of Court Prothonotary/Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, Civil Action—Law DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, VS. No. 14-2048 MICHAEL L. MANZO and THOMAS N. MILLER, Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Dr. Arif Shaikh 239 S. Front Street, Steelton, PA 17113 (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: Any and all office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays (reports only, no actual films), progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations, billing and billing records and any other medical records of any kind from April 17 2002 up to and including the present time regarding Dawn M. Martin, Deceased, Date of Birth: 06/20/1981. at Griffith Strickler Lerman Solymos &Calkins 110 S. Northern Way, York, PA 17402-3737 (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. 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: THOMAS B. SPONAUGLE, ESQ. ADDRESS: GRIFFITH STRICKLER, LERMAN, SOLYMOS & CA_LKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 64584 ATTORNEY FOR: Defendant, Michael L. Manzo BY THE COURT: DATE: Seal of Court Prothonotary/Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, Civil Action—Law DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, vs. No. 14-2048 MICHAEL L. MANZO and THOMAS N. MILLER, Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Philhaven, 283 S. Butler Road., Mt. Gretna, PA 17046 (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: Any and all admitting and discharge summaries, consultation reports, x-rays and other diagnostic reports (reports only, no films), emergency room records, mental and behavioral healthcare records, and billing records from April 17, 2002, up to and including the present time regarding Dawn M. Martin, Deceased, Date of Birth: 06/20/1981. at Griffith, Strickler, Lerman, Solymos &Calkins, 110 S. Northern Way, York, PA 17402-3737 (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. 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: THOMAS B. SPONAUGLE, ESQ. ADDRESS: GRIFFITH STRICKLER LERMAN SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 64584 ATTORNEY FOR: Defendant, Michael L. Manzo BY THE COURT: DATE: Seal of Court Prothonotary/Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, Civil Action—Law DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, vs. No. 14-2048 MICHAEL L. MANZO and THOMAS N. MILLER, Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Roxbury Treatment Center, 601 Roxbury Road, Shippensburg, PA 17257 (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: Any and all admitting and discharge summaries, consultation reports, x-rays and other diagnostic reports (reports only, no films), emergency room records, mental and behavioral healthcare records, and billing records from April 17, 2002, up to and including the present time regarding Dawn M. Martin, Deceased, Date of Birth: 06/20/1981. at Griffith, Strickler, Lerman, Solymos & Calkins, 110 S. Northern Way, York, PA 17402-3737 (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. 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: THOMAS B. SPONAUGLE, ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 64584 ATTORNEY FOR: Defendant, Michael L. Manzo BY THE COURT: DATE: Seal of Court Prothonotary/Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, Civil Action—Law DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, VS. No. 14-2048 MICHAEL L. MANZO and THOMAS N. MILLER, Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Pinnacle Health, 409 2nd Street, Harrisburg, PA 17104 (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: Any and all admitting and discharge summaries, consultation reports, x-rays and other diagnostic reports (reports only, no films), emergency room records, mental and behavioral healthcare records, and billing records from April 17, 2002, up to and including the present time regarding Dawn M. Martin, Deceased, Date of Birth: 06/20/1981. at Griffith, Strickler Lerman, Solymos & Calkins, 110 S. Northern Way, York, PA 17402-3737 (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. 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: THOMAS B. SPONAUGLE, ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 64584 ATTORNEY FOR: Defendant, Michael L. Manzo BY THE COURT: DATE: Seal of Court Prothonotary/ Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, Civil Action—Law DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, VS. No. 14-2048 MICHAEL L. MANZO and THOMAS N. MILLER, Defendant. JURY TRIAL DEMANDED ��,, CERTIFICATE OF SERVICE AND NOW,this W day of December,2014,1,Thomas B. Sponaugle,Esquire,a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have, this date, served a copy of Notice Of Intent To Serve Subpoenas to Produce Documents And Things For Discovery Pursuant To Rule 4009.21 by United States Mail, addressed to the party or attorney of record as follows: Michael J. Navitsky, Esquire George H. Eager, Esquire Navitsky, Olson& Wisneski LLP Eager, Stengel, Quinn& Sofilka 2040 Linglestown Road, Suite 303 1347 Fruitville Pike Harrisburg, PA 17110 Lancaster, PA 17601-4001 (Counsel for Plaintiff) (Counsel for Defendant, Thomas N. Miller) GRIFFITH, STRICKLER, ERM , SOLYMOS & CALKINS BY: Thomas B. S naug squire PA#64584 110 South NortherIv ay York, PA 17402 717-757-7602/717-757-3783 fax tsponau le(2gslsc.com Attorney for Defendant, Michael L. Manzo 1 ar/m an zo-n o i.wai v er3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. MARTIN, as Administratrix of the Estate of, Civil Action—Law DAWN M. MARTIN, Deceased, and SUSAN M. MARTIN, Individually and in her own right, Plaintiffs, vs. No. 14-2048 MICHAEL L. MANZO and THOMAS N. MILLER, Defendant. JURY TRIAL DEMANDED // CERTIFICATE OF SERVICE AND NOW,this 6 day of January,2015,I,Thomas B. Sponaugle,Esquire,a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have, this date, served a copy of Certificate Prerequisite to Service of Subpoenas Pursuant to Rule 4009.22 by United States Mail, addressed to the party or attorney of record as follows: Michael J. Navitsky, Esquire George H. Eager, Esquire Navitsky, Olson & Wisneski LLP Eager, Stengel, Quinn & Sofilka 2040 Linglestown Road, Suite 303 1347 Fruitville Pike Harrisburg, PA 17110 Lancaster, PA 17601-4001 (Counsel for Plaintiff) (Counsel for Defendant, Thomas N. Miller) GRIFFITH, STRICKLER LERM , SOLYMOS & CALKINS BY: Thomas B. Spon uire PA#64584 110 South Nort Way York, PA 17402 717-757-7602/717-757-3783 fax tsponaugle�u,gslsc.com Attorney for Defendant, Michael L. Manzo 1 ar/man zo-certprereq 3