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Home My WebLink About14-4425 Supreme Court of Pennsylvania Con C„om Pleas et For Prothonotary Use Only: Cumb ,- County Docket No: I q� a The information collected on this,form is used solely.for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: X❑ Complaint ❑ Writ of Summons ❑ Petition ❑ Notice of Appeal ' ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking Lead Plaintiff's Name: Lead Defendant's Name: Velma Miller William B. Graham I ❑ Check here if you are a Self-Represented(Pro Se)Litigant Name of Plaintiff/Appellant's Attorney: Ryan P.McDaniel,Esquire,Freeburn&Hamilton,2040 Linglestown Rd.,Ste.300,Harrisburg,PA 17110 Are money damages requested? : ❑X Yes 11 No Dollar Amount Requested: within arbitration limits (Check one) X outside arbitration limits Is this a Class Action Suit? ❑ Yes O No TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment Motor Vehicle ❑ Debt Collection:Other ❑ Board of Elections ❑ Nuisance ❑ Dept.of Transportation ❑ Premises Liability ❑ Zoning Board S ❑ Product Liability (does not include ❑ Statutory Appeal:Other mass tort) ❑ Employment Dispute: E, ❑ Slander/Libel/Defamation Discrimination C ❑ Other: ❑ Employment Dispute:Other T Judicial Appeals ❑ MDJ-Landlord/Tenant T ❑ Other: ❑ MDJ-Money Judgment O MASS TORT ❑ Other: ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration B ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations ❑ Mortgage Foreclosure Restraining Order PROFESSIONAL LIABLITY ❑ Partition ❑ Quo Warranto ❑ Dental ❑ Quiet Title ❑ Replevin ❑ Legal ❑ Medical ❑ Other: ❑ Other: ❑ Other Professional: Pa.R.C.P.205.5 212010 Ryan P. McDaniel,Esquire U FREEBURN&HAMILTON ID No.311942 2 9 2040 Linglestown Road,Ste.300 Harrisburg, PA 17110 (717)671-1955 Attorney for Plaintiffs Ryan@FreeburnLaw.com PENNS YL"fAN VELMA MILLER AND IN THE COURT OF COMMON PLEAS GERALD MILLER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. V. CIVIL ACTION - LAW WILLIAM B. GRAHAM Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 or 717-249-3166 Respectfully Submitted, FREEBURN & HAMILTON, PC By: A A R�AL ROIAW Mc"Daniel, Esquire 1. . o. 311942 20 I-inglestown Rd., Ste. 300 Harrisburg, PA 17110 (717) 671-1955 P� Date: 7/21/14 Counsel for Plaintiffs (.�'�`' RC737 J2 3� Ryan P. McDaniel, Esquire FREEBURN&HAMILTON ID No.311942 2040 Linglestown Road,Ste.300 Harrisburg, PA 17110 (717)671-1955 Attorney for Plaintiffs Ryan@FreeburnLaw.com VELMA MILLER AND IN THE COURT OF COMMON PLEAS GERALD MILLER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. V. CIVIL ACTION - LAW WILLIAM B. GRAHAM Defendant NOTICE USTED HA SIDO DEMANDADO/A EN CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar ua apariencia esrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. USTED DEBE LLEVAR ESTATE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEQUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 or 717-249-3166 Respectfully Submitted, FREEBURN & HAMILTON, PC u By: �/\ U �70L yi P. McDaniel, Esquire I. No. 311942 2040 Linglestown Rd., Ste. 300 Harrisburg, PA 17110 (717) 671-1955 Date: 7/21/14 Counsel for Plaintiffs Ryan P. McDaniel, Esquire FREEBURN & HAMILTON ID No. 311942 2040 Linglestown Road, Ste. 300 Harrisburg, PA 17110 (717)671-1955 Attorney for Plaintiffs Ryan@FreeburnLaw.com VELMA MILLER AND IN THE COURT OF COMMON PLEAS GERALD MILLER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. V. CIVIL ACTION - LAW WILLIAM B. GRAHAM Defendant COMPLAINT AND NOW come Plaintiffs, Velma Miller and Gerald Miller, by their attorneys, Freeburn & Hamilton, and file the following Complaint: 1. Plaintiff, Velma Miller and her husband, Gerald Miller, are adult individuals who reside at 34 Fairview Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, William B. Graham, is an adult individual who resides at 223 S. Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. The facts and occurrences hereinafter related took place on or about December 26, 2012 at approximately 3:59 p.m. on West Lisburn Road in Monroe Township, Cumberland County, Pennsylvania. 4. At or about that time and place, Plaintiff, Velma Miller was sitting in the rear passenger side of a vehicle driven by Loretta L. Hair that was being operated in a westbound direction on West Lisburn Road. 5. At or about that time and place, Defendant, William B. Graham, was operating an automobile in an eastbound direction on West Lisburn Road toward the vehicle Plaintiff, Velma Miller was traveling in. 1 6. At or about that time and place, the automobile operated by Defendant, William B. Graham, crossed a double yellow line and entered the lane of travel of the vehicle that Plaintiff, Velma Miller was traveling in. 7. At or about that time and place, Defendant, William B. Graham was driving too fast for the conditions and lost control of his vehicle causing a collision between his vehicle and the vehicle that Plaintiff, Velma Miller was traveling in. 8. The foregoing collision and all of the injuries and damages set forth hereinafter suffered by Plaintiffs, Velma Miller and Gerald Miller, are the direct and proximate result of the negligent and reckless manner in which Defendant, William B. Graham, operated his automobile as set forth above and as follows: a. In operating his vehicle at an excessive rate of speed under the circumstances, and/or without due regard to road and/or weather conditions; b. In failing to have his vehicle under proper and adequate control; C. In failing to apply his brakes in time to avoid the collision; d. In negligently applying his brakes; e. In failing to observe Plaintiffs vehicle on the highway; f. In failing to operate his vehicle in accordance with existing traffic conditions and traffic controls; g. In permitting or allowing the vehicle to strike and collide with the vehicle Plaintiff was traveling in; h. In failing to exercise the high degree of care required of a motorist; i. In failing to drive at a speed and in the manner that would allow Defendant to stop within the assured clear distance ahead; j. In failing to properly observe traffic signals controlling Defendant's direction of travel; 2 k. In failing to keep a reasonable look-out for other vehicles lawfully on the road; I. In failing to stay in his lane of travel; M. In operating the vehicle in a manner not consistent with the road and weather conditions prevailing at the time; n. In driving in such a manner not consistent with the road and weather conditions prevailing at the time; o. In driving in such a manner as to endanger other vehicles on the highway; P. In failing to drive his automobile so as to avoid creating a dangerous situation for other vehicles on the highway; q. In failing to observe oncoming traffic; r. In failing to keep a proper lookout for approaching vehicles; S. In failing to yield the right-of-way to oncoming traffic; t. In operating the vehicle so as to create a dangerous situation for other vehicles on the roadway; and U. In failing to keep his vehicle within the proper lane; 9. Defendant's conduct, as set forth above, was in violation of the Pennsylvania Motor Vehicle Code, including but not limited to 75 Pa.C.S. §3309, §3361 and §3714, which are intended to protect persons lawfully on the highway such as Plaintiff, Velma Miller, from personal injury, and thus constitutes negligence per se. 10. Plaintiffs are entitled to recover non-economic damages because, among other reasons, at the time of this collision, Plaintiff, Velma Miller sustained a "serious injury," as that term is defined in the Pennsylvania Motor Vehicle Financial Responsibility Law. COUNT Velma Miller, Plaintiff v. William B. Graham, Defendant 11. Paragraphs 1-10 are incorporated herein by reference thereto. 3 12. By reason of the aforesaid collision, Plaintiff suffered painful and severe injuries to her nerves, bones and soft tissues which include, but are not limited to her ribs, esophagus, diaphragm, stomach and intestines. 13. By reason of the aforesaid collision and injuries, Plaintiff suffered a heightened possibility that she will suffer other or additional injury in the future, and claim is made therefore. 14. The aforesaid collision and injuries suffered by Plaintiff may have aggravated or been aggravated by an existing infirmity, condition or disease, resulting in a prolongation or worsening of the injuries and an enhanced risk of future harm to Plaintiff, and claim is made therefore. 15. By reason of the aforesaid collision and injuries, Plaintiff has been forced to incur liability for reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and similar expenses in an effort to diagnose her injuries and to restore her to health, and claim is made therefore. 16. Plaintiff has not fully recovered from her injuries and it is reasonably likely that she will incur similar expenses in the future, and claim is made therefore. 17. By reason of the aforesaid collision and injuries, Plaintiff has suffered a loss of earnings and earning capacity and is entitled to recover the value of the time, earnings and employment benefits she has lost and which she might reasonably have earned in the pursuit of her ordinary calling, and claim is made therefore. 18. By reason of the aforesaid collision and injuries, Plaintiff has suffered a loss or impairment of future earning capacity, and claim is made therefore. 19. By reason of the aforesaid collision and injuries, Plaintiff has incurred incidental costs and expenses the exact amount of which cannot be ascertained at this time, and claim is made therefore. 4 20. By reason of the aforesaid collision and injuries, Plaintiff has undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 21. By reason of the aforesaid collision and injuries, Plaintiff has been subjected to severe humiliation, embarrassment, shame, worry and anger. 22. By reason of the aforesaid collision and injuries, Plaintiff has been subjected to severe mental anguish, emotional distress, nervous shock, fright and horror. 23. By reason of the aforesaid collision and injuries, Plaintiff will continue to endure great mental anguish, emotional distress, shame, worry and anger in the future. 24. By reason of the aforesaid collision and injuries, Plaintiff has been deprived her enjoyment of the pleasures of life. 25. By reason of the aforesaid collision and injuries, Plaintiff continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefore. 26. By reason of the aforesaid collision and injuries, Plaintiff has suffered a disfigurement, and claim is made therefore. WHEREFORE, Plaintiff, Velma Miller demands judgment in her favor and against Defendant, William B. Graham, in an amount in excess of FIFTY THOUSAND & 00/100 ($50,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. 5 COUNT II - LOSS OF CONSORTIUM Gerald Miller, Plaintiff v. William B. Graham, Defendant 27. Paragraphs 1-26 are incorporated herein by reference thereto. 28. As a result of the aforementioned injuries suffered by his wife, Velma Miller, Plaintiff, Gerald Miller, has been and may in the future be deprived of the aid, assistance, comfort, care, companionship, society and consortium of his wife, all of which will be of great detriment, and claim is made therefore. 29. As a result of the aforementioned injuries suffered by his wife, Velma Miller, Plaintiff, Gerald Miller, has incurred expenses and/or liability for the reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and similar expenses in an effort to diagnose her injuries and to restore her to health, and claim is made therefore. WHEREFORE, Plaintiff, Gerald Miller, demands judgment in her favor and against Defendant, William B. Graham, in an amount in excess of FIFTY THOUSAND & 00/100 ($50,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully Submitted, FREEBURN & HAMILTON, PC A 6 By: a P. McDaniel, Esquire I. o. 311942 2046 Linglestown Road, Ste. 300 Harrisburg PA 17110 (717) 671-1955 Date: 7/21/14 Counsel for Plaintiffs 6 VERIFICATION I hereby verify that the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. v n t' Dated: l ;�e1 �/YY�. �� Velma Miller Dated: Gerald Miller SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r !LEO-OFFICE Sheriff OF THE PROTHONOTARY Mk AUG -8 AM II: 02 Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF OFFICE OFT�lE CUMBERLAND COUNTY PENNSYLVANIA Velma Miller (et al.) vs. William B Graham Case Number 2014-4425 SHERIFF'S RETURN OF SERVICE 08/05/2014 08:50 AM - Corporal William Cline served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: William B Graham at the Cumberland County Sheriff's Office, One Courthouse Square, Carlisle, PA 1 WILLIAM CLINE, DE SHERIFF COST: $39.79 SO ANSWERS, August 05, 2014 (c) CountySuite Sheriff, Teleosott. Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VELMA MILLER and GERALD MILLER, Plaintiffs, vs. WILLIAM B. GRAHAM, Defendant. Civil Action - Law No. 14-4425 Civil JURY TRIAL 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, Solymos & Calkins, as attorneys for the Defendant, William B. Graham, in the above -captioned matter and mark the docket accordingly. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: Dated: September 11, 2014 W9t.J- ROBERT A. LERMAN, ESQUIRE, PA#07490 Attorneys for Defendant 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax rlerman@gslsc.com CD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VELMA MILLER and GERALD MILLER, Plaintiffs, vs. Civil Action - Law No. 14-4425 Civil WILLIAM B. GRAHAM, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 11th 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 Email and United States Mail, addressed to the party or attorney of record as follows: Ryan P. McDaniel, Esquire Freeburn & Hamilton, PC 2040 Linglestown Road, Suite 300 Harrisburg, PA 17110 (Counsel for Plaintiffs) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Robert A. Lerman, Esquire, PA#07490 Attorney for Defendant 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 VELMA MILLER and GERALD MILLER, Plaintiffs, vs. WILLIAM B. GRAHAM, Defendant. Civil Action - Law No. 14-4425 Civil JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 17th 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 Request for Production of Documents of Defendant, to Plaintiffs, Set No. 1 by United States Mail, addressed to the party or attorney of record as follows: Ryan P. McDaniel, Esquire Freeburn & Hamilton, PC 2040 Linglestown Road, Suite 300 Harrisburg, PA 17110 (Counsel for Plaintiffs) GRIFFITH, STR14 ER, LERMAN, SOLYMI &CALK]S BY: jml/graham-rfpd -rt 1'1 Z.73 -v R BERT A. LERMAN, ESQU Attorney for Defendant 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax rlerman@gslsc.com #PA07490 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VELMA MILLER and GERALD MILLER, Civil Action - Law Plaintiffs, vs. No. 14-4425 Civil WILLIAM B. GRAHAM, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 17th 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 Interrogatories of Defendant, to Plaintiff, Velma Miller, Set No. 2 as indicated below, addressed to the party or attorney of record as follows: 2 -oma rnc° Ryan P. McDaniel, Esquire CD 1- Freeburn & Hamilton, PC 2040 Linglestown Road, Suite 300 Harrisburg, PA 17110 (Counsel for Plaintiffs) GRIFFITH, STRIC R, LERMAN, SOLYMOS & BY: jml/graham-int2 CALKINS RO ERT A. LERMAN, ESQUIRE #PA07490 Attorney for Defendant 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 Fax rlerman@gslsc.com ED-OFFICL THE PROTHONOTAR'T 201itSEP 18 AM II: 10 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VELMA MILLER and GERALD MILLER, Civil Action - Law Plaintiffs, vs. No. 14-4425 Civil WILLIAM B. GRAHAM, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 17th 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 Interrogatories of Defendant, to Plaintiffs, Velma Miller and Gerald Miller, Set No. 1 by United States Mail, addressed to the party or attorney of record as follows: Ryan P. McDaniel, Esquire Freeburn & Hamilton, PC 2040 Linglestown Road, Suite 300 Harrisburg, PA 17110 (Counsel for Plainti GRIFFITH, S ICKLER, LERMAN SO OS & CALKINS BY: 30BERT A. LERMAN, ESQUIRE #PA07490 Attorney for Defendant 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 VELMA MILLER and GERALD MILLER, Plaintiffs, vs. WILLIAM B. GRAHAM, Defendant. Civil Action - Law No. 14-4425 Civil JURY TRIAL DEMANDED PRAECIPE TO AMEND PLAINTIFFS' COMPLAINT TO THE PROTHONOTARY: +f riyriA- Cdr) 41 1-11 Please find the attached Stipulation executed by counsel for Plaintiff and Defnt. co • —v 0) s3 c`) ." = Q i 0 s By: Dated: September 22, 2014 GRIFFIT TRICKLER, LERMAN, LYMOS & CALKINS OBERT A. LERMAN, ESQUIRE PA#07490 Attorney for Defendant, William B. Graham 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 VELMA MILLER and GERALD MILLER, Plaintiffs, vs. WILLIAM B. GRAHAM, Defendant. Civil Action - Law No. 14-4425 Civil JURY TRIAL DEMANDED STIPULATION TO AMEND PLAINTIFFS' COMPLAINT We, Ryan P. McDaniel, Esquire, counsel for Plaintiffs, Velma Miller and Gerald Miller, and Robert A. Lerman, Esquire, counsel for Defendant, William B. Graham, hereby agree that Plaintiffs' Complaint shall be amended to strike the word Plaintiffs' Complaint without prejudice. LAW OFFICE OF FREEBURN & GRIFFITH, "reckless" from Paragraph 8 of HAMILTON, PC By: P. McDaniel, Esq. PA#311942 orney for Plaintiffs 2050 Linglestown Road, Suite 300 Harrisburg, PA 17110 (717) 671-1955 ryan@freeburnlaw.com Dated: "1 (15 1 11-1 By: CKLER, LERMAN, SOL ' ► OS & CALKIN bert A. Lerman, Esquire PA#07490 Attorney for Defendant, William B. Graham 110 South Northern Way York, PA 17402 (717) 757-7602/(717) 757-3783 fax rlerma.n@gslsc.com Dated: 61'ril i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VELMA MILLER and GERALD MILLER, Plaintiffs, vs. WILLIAM B. GRAHAM, Defendant. Civil Action - Law No. 14-4425 Civil JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 22nd 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 to Amend Plaintiffs' Complaint by United States Mail, addressed to the party or attorney of record as follows: Ryan P. McDaniel, Esquire Freeburn & Hamilton, PC 2040 Linglestown Road, Suite 300 Harrisburg, PA 17110 (Counsel for Plaintiffs) GRIFFITH,40" CKLER, LERMAN, SOA' MOS & CALKINS �/ BY jml/graham-prptofilestip obert`A. Lerman, Esquire. PA#07490 Attorney for Defendant, William B. Graham 110 South Northern Way York, PA 17402 (717) 757-7602/(717) 757-3783 fax rlerman@gslsc.com CI: L. • 01l iC.ONO i � y /�o f"i i t i OCT -- i Pm 12: 27 CCPAIBERL!1ND COUNT' PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VELMA MILLER and GERALD MILLER, Plaintiffs, vs. WILLIAM B. GRAHAM, Defendant. Civil Action - Law No. 14-4425 Civil 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, William B. Graham, certifies that: (1) A Notice of Intent to Serve the Subpoenas with copies 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, is attached to this Certificate, (3) The attorney for the Plaintiff has waived the notice period, per the attached Waiver, 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. GRIFFIT RICKLER, LERMAN, SOL P & CALKIN BY: Date: September 30, 2014 ROBERT A. LERMAN, ESQUIRE PA#07490 Attorney for Defendant, William B. Graham 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax rlerman@gsisc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VELMA MILLER and GERALD MILLER, Plaintiffs, vs. WILLIAM B. GRAHAM, Defendant, Civil Action - Law No. 14-4425 Civil JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Robert A. Lerman, Esquire, counsel for Defendant, intends to serve Subpoenas identical to the ones that are 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. Date: GRIFFITH, S 'CKLER, LERMAN, SOLYMO CALKINS BY: ROBERT A. LERMAN. ESQUIRE PA#07490 Attorney for Defendant 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 VELMA MILLER and GERALD MILLER, Plaintiffs, vs. WILLIAM B. GRAHAM, Defendant. Civil Action - Law No. 14-4425 Civil JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Allstate Insurance Company, 6345 Flank Drive, Suite 1000, Harrisburg, PA 17112 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Complete first -party benefits file pertaining to Velma Miller, date of birth: 11/18/44, including but not limited to application for benefits, medical records, any payout sheet for medical and wage loss benefits paid, medical bills, medical reports, peer review reports, photographs, statements, claim notes, declaration page and/or coverage information reflecting first -party benefits coverage and tort election, documents submitted in support of or in payment of property damage claims, and any other documentation in your files for a motor vehicle accident on December 26, 2011. at Griffith, Strickler, Lerman, Solvmos & Calkins, 110 S. Northern Way, York, PA 17402-3737 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: ROBERT A. LERMAN, ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant DATE: BY THE COURT: Seal of Court Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VELMA MILLER and GERALD MILLER, Plaintiffs, vs. WILLIAM B. GRAHAM, Defendant. Civil Action - Law No. 14-4425 Civil JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Capital Blue Cross Attn: Human Resources Director, PO Box 779519, Harrisburg, PA 17177 (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: Complete personnel file pertaining to Velma Miller, date of birth: 11/18/44 including but not limited to all performance evaluations, employment applications, resumes, wage and earnings documentation, employee evaluations, attendance records, medical records and including any workers' compensation claim file materials. 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: ROBERT A. LERMAN, ESQ. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 (717) 757-7602 07490 Defendant BY THE COURT: Seal of Court Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VELMA MILLER and GERALD MILLER, Plaintiffs, vs. WILLIAM B. GRAHAM, Defendant. Civil Action - Law No. 14-4425 Civil JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Pinnacle Health Hospital, 111 S. Front Street, Harrisburg, PA 17101 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 1/1/10, up to and including the present time regarding Velma Miller, date of birth: 11118/44. at Griffith, Strickler, Lerman, Solymos & Calkins, 110 S. Northern Way, York, PA 17402-3737 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: ROBERT A. LERMAN, ESQ. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 (717) 757-7602 07490 Defendant DATE: Seal of Court BY THE COURT: Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VELMA MILLER and GERALD MILLER, Plaintiffs, vs. WILLIAM B. GRAHAM, Defendant. Civil Action - Law No. 14-4425 Civil JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Carlisle Regional Medical Center, 361 Alexander Spring Road, Carlisle, PA 17015 (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, 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 1/1/10 to the present pertaining to Velma Miller, date of birth: 11/18/44. 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: ADDRESS: TELEPHONE: SUPREME COURT ID: ATTORNEY FOR: ROBERT A. LERMAN, ESQ. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 (717) 757-7602 07490 Defendant BY THE COURT: DATE: Seal of Court Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VELMA MILLER and GERALD MILLER, Plaintiffs, vs. WILLIAM B. GRAHAM, Defendant. Civil Action - Law No. 14-4425 Civil JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Central PA Surgical Associates, 875 S. Arlington Avenue, Harrisburg, PA 17109 (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, 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 1/1/10 to the present pertaining to Velma Miller, date of birth: 11/18/44. 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: ADDRESS: TELEPHONE: SUPREME COURT ID: ATTORNEY FOR: DATE: ROBERT A. LERMAN, ESQ. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 (717) 757-7602 07490 Defendant BY THE COURT: Seal of Court Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VELMA MILLER and GERALD MILLER, Plaintiffs, vs. WILLIAM B. GRAHAM, Defendant. CERTIFICATE OF SERVICE 11Z' Of NOW, this / 1day of Civil Action - Law No. 14-4425 Civil JURY TRIAL DEMANDED , 2014, I, Robert A. Lerman, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby certify that I have, this date, served a copy of Notice of Intent to Serve Subpoenas by United States Mail, addressed to the party or attorney of record as follows: Ryan P. McDaniel, Esquire Freeburn & Hamilton, PC 2040 Linglestown Road, Suite 300 Harrisburg, PA 17110 (Counsel for Plaintiffs) GRIFFITH, ST' KLER, LERMAN, SOLY S & CALKINS BY: bert A. Lerman, squire PA#07490 Attorney for Defendant 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602/(717) 757-3783 fax rlerman@gslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VELMA MILLER and GERALD MILLER, Plaintiffs, vs. WILLIAM B. GRAHAM, Defendant. Civil Action - Law No. 14-4425 Civil JURY TRIAL DEMANDED WAIVER OF NOTICE OF. INTENT TO SERVE SUBPOENAS I, Ryan P. McDaniel, attorney for Plaintiffs, hereby waive the twenty (20) day Notice of Intent to Serve Subpoena pursuant to 4009.22. I further have no objection the Defendant serving the Subpoena directed to the following providers upon the filing of this Waiver: 1. Allstate; 2. Capital Blue Cross; 3. Pinnacle Health Hospital; 4. Carlisle Regional Medical Center; and 5. Central PA Surgical Associates. Dated: C 19 1 iq N P MCDANIEL, ESQUIRE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VELMA MILLER and GERALD MILLER, Plaintiffs, vs. WILLIAM B. GRAHAM, Defendant. :• Civil Action - Law No. 14-4425 Civil JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 30th day of September, 2014, I, Robert A. Lerman, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, 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: Ryan P. McDaniel, Esquire Freeburn & Hamilton, PC 2040 Linglestown Road, Suite 300 Harrisburg, PA 17110 (Counsel for Plaintiffs) GRIFFITH, TRICKLER, LERMAN, SO MOS & CALKINS BY: Robert A. Lerman, Esquire PA#07490 Attorney for Defendant, William B. Graham 110 South Northern Way York, Pennsylvania 17402 717-757-7602/717-757-3783 fax rlerman@gslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VELMA MILLER and GERALD MILLER, Civil Action- Law Plaintiffs, vs. No. 14-4425 Civil WILLIAM B. GRAHAM, Defendant. JURY TRIAL DEMANDED TO: Velma Miller and Gerald Miller, Plaintiff c/o Ryan P. McDaniel, Esquire Freeburn & Hamilton, PC 2040 Linglestown Road, Suite 300 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 judgmen may be entered against you. GRIFFI , STRICKLER, L RMA L O & CAL By: G BERT A. LERMAN, ESQUIRE PA#07490 Attorney for Defendant 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax rlerman(cz�,gslsc.com Dated: �� , 2014 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VELMA MILLER and GERALD MILLER, Civil Action- Law Plaintiffs, VS. No. 14-4425 Civil WILLIAM B. GRAHAM, Defendant. JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT, TO PLAINTIFFS' COMPLAINT AND NOW, comes Defendant, William B. Graham, by his counsel, Robert A. Lerman, Esquire and Griffith, Strickler, Lerman, Solymos & Calkins, and files the following Answer and New Matter to Plaintiff's Complaint: 1. Admitted upon information and belief. 2. Admitted. 3. Denied as stated. It is denied that the accident occurred as described by Plaintiffs in their Complaint. By way of further response, it is averred that on December 26, 2012 at approximately 3:59 p.m. a motor vehicle collision occurred on West Lisburn Road in Monroe Township, Cumberland County, Pennsylvania involving a vehicle operated by William B. Graham and a vehicle operated by Loretta Hair in which Plaintiff, Velma Miller was a passenger. 4. Admitted upon information and belief. 5. Admitted. 6. Denied as stated. On the contrary, it is averred that the Defendant was operating his motor vehicle carefully and prudently in light of the weather and roadway conditions existing and despite the exercise of such prudence and caution, lost control of his vehicle such that a collision between his vehicle and the vehicle in which Plaintiff, Velma Miller was a passenger collided. By way of further response, it is averred that the operator of the vehicle in which the Plaintiff was a passenger is believed to have also lost control of her vehicle such that the impact between the vehicles occurred partially in the Defendant's lane of travel as the Defendant was attempting to maneuver his vehicle into an adjoining field to avoid a collision. 7. Denied as stated. On the contrary, it is averred that Defendant was operating his motor vehicle carefully and prudently in light of the weather and roadway conditions existing and despite the exercise'of such prudence and caution, lost control of his vehicle such that a collision between his vehicle and the vehicle in which Plaintiff, Velma Miller was a passenger collided. 8. Denied as stated. See Stipulation of counsel filed of record September 23, 2014 striking the term"reckless"from paragraph 8 of Plaintiff's Complaint. To the extent the additional allegations of paragraph 8 of Plaintiffs' Complaint constitute a conclusion of law, no response is required. To the extent a response is deemed required, the allegations are denied pursuant to Pa. R.C.P. 1029(e). By way of further response, it is averred that Defendant was operating his motor vehicle carefully and prudently in light of the weather and roadway conditions existing and despite the exercise of such prudence and caution, lost control of his vehicle such that a collision between his vehicle and the vehicle in which Plaintiff, Velma Miller was a passenger collided. 9. Denied. To the extent the allegations set forth in paragraph 9 of Plaintiff s Complaint constitute a conclusion of law, no response is required. To the extent a response is required, it is specifically denied that the Defendant violated the sections of the motor vehicle code as cited by 2 Plaintiff and strict proof thereof is hereby demanded. By way of further response, it is averred that Defendant was operating his motor vehicle carefully and prudently in light of the weather and roadway conditions existing and despite the exercise of such prudence and caution,lost control of his vehicle such that a collision between his vehicle and the vehicle in which Plaintiff,Velma Miller was a passenger collided. 10. Denied.To the extent the allegations set forth in paragraph 10 constitute a conclusion of law,no response is required. To the extent a response is deemed required,it is denied,based upon the information known to date,that Plaintiff,Velma Miller sustained a serious injury as defined by the Pennsylvania Motor Vehicle Financial Responsibility Law and strict proof thereof is hereby demanded. By way of further response,it is averred that Plaintiffs elected a limited tort option such that Plaintiffs claims for damages in this case may be barred,limited or restricted in accordance with the application of the Pennsylvania Motor Vehicle Financial Responsibility Law. COUNT Velma Miller, Plaintiff v. William B. Graham, Defendant 11. Defendant incorporates herein by reference,as if fully set forth at length,his Answer to Plaintiffs' Complaint, Paragraphs 1 through 10, as hereinabove set forth. 12. 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 12 of Plaintiff's Complaint and same are denied and strict proof thereof demanded. 3 13. 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 13 of Plaintiff's Complaint and same are denied and strict proof thereof demanded. 14. 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 14 of Plaintiff's Complaint and same are denied and strict proof thereof demanded. 15. 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 15 of Plaintiff's Complaint and same are denied and strict proof thereof demanded. 16. 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 16 of Plaintiff s Complaint and same are denied and strict proof thereof demanded. 17. 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 17 of Plaintiff s Complaint and same are denied and strict proof thereof demanded. 18. 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 18 of Plaintiff s Complaint and same are denied and strict proof thereof demanded. 4 19. 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 19 of Plaintiff's Complaint and same are denied and strict proof thereof demanded. 20. 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 20 of Plaintiff's Complaint and same are denied and strict proof thereof demanded. 21. 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 21 of Plaintiff's Complaint and same are denied and strict proof thereof demanded. 22. 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 22 of Plaintiff's Complaint and same are denied and strict proof thereof demanded. 23. 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 23 of Plaintiff's Complaint and same are denied and strict proof thereof demanded. 24. 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 24 of Plaintiff's Complaint and same are denied and strict proof thereof demanded. 5 25. 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 25 of Plaintiff's Complaint and same are denied and strict proof thereof demanded. 26. 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 26 of Plaintiff s Complaint and same are denied and strict proof thereof demanded. WHEREFORE,Defendant,William B. Graham,demands judgment in his favor and against the Plaintiffs, Velma and Gerald Miller, together with interest and costs of suit. COUNT II Gerald Miller, Plaintiff v. William B. Graham,Defendant 27. Defendant incorporates herein by reference,as if fully set forth at length,his Answer to Plaintiffs' Complaint, Paragraphs 1 through 26, as hereinabove set forth. 28. 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 28 of Plaintiffs Complaint and same are denied and strict proof thereof demanded. 29. 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 29 of Plaintiff s Complaint and same are denied and strict proof thereof demanded. 6 WHEREFORE,Defendant,William B. Graham,demands judgment in his favor and against the Plaintiffs, Velma and Gerald Miller, together with interest and costs of suit. By way of further answer and defense, Defendant, William B. Graham asserts the following: NEW MATTER 30. Defendant incorporates herein by reference,as if fully set forth at length,her Answer to Plaintiff's Complaint, Paragraphs 1 through 29, as hereinabove set forth. 31. Plaintiffs' Complaint fails to state a cause of action against Defendant upon which relief can be granted. 32. Plaintiffs' Complaint may be barred by any applicable statute of limitations. 33. At all times relevant,Defendant was operating his motor vehicle in a lawful,careful, cautious,reasonable and prudent manner in view of the weather conditions existing and strict proof to the contrary is hereby demanded. 34. The injuries and damages now claimed by Plaintiff, if any, may have been caused solely and directly as a result of acts or omissions of individuals or entities other than Defendant over whom Defendant had no responsibility or right of control,including but not limited to Loretta Hair. 35. Plaintiff, Velma Miller has not sustained a serious injury as defined in the Pennsylvania Motor Vehicle Financial Responsibility Law(75 Pa. C.S.A. §1701 et seq.). 36. Plaintiff's claims for non-economic damages may be barred or limited because Plaintiff is bound by a limited tort option as set forth in the Pennsylvania Motor Vehicle Financial Responsibility Law. 7 37. Plaintiff may have failed to mitigate her damages. 38. Plaintiff has received, or is 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 wage loss, and she may not recover for the same benefits in this proceeding. 39. Plaintiff, Velma Miller has recovered from any injuries she allegedly sustained as a result of the subject accident. 40. Some or all of the alleged injuries and damages claimed by Plaintiff,Velma Miller may have pre-existed or preceded the date of this accident and were not caused or aggravated by this accident. 41. To the extent Plaintiff,Velma Miller sustained any injury in the subject motor vehicle accident, she has recovered from said injuries. WHEREFORE,Defendant,William B.Graham,demands judgment in his favor and against the Plaintiffs, Velma and Gerald Miller, together with interest and costs of suit. 8 Respectfully submit , GRIFFITH, CKLER, LERMAN, S r& CALKIN By: ROB RT A. LERMAN, ESQUIRE PA# 07490 Attorney for Defendant, William B. Graham 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax Dated: , 2014 rlerman ,gslsc.com 9 VERIFICATION I, William B. Graham, hereby verify that the statements made in the foregoing Answer and 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: l (a By: WILLIAM B. GRAHAM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VELMA MILLER and GERALD MILLER, Civil Action-Law Plaintiffs, VS. No. 14-4425 Civil WILLIAM B. GRAHAM, Defendant. JURY TRIAL DEMANDED ERTIFICATE OF SERVICE G AND NOW,this ,--/ day of _ ,2014,1,Robert A.Lerman,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 and New Matter of Defendant, to Plaintiffs' Complaint, by United States Mail, addressed to the party or attorney of record as follows: Ryan P. McDaniel, Esquire Freeburn & Hamilton, PC 2040 Linglestown Road, Suite 300 Harrisburg, PA 17110 (Counsel for Plainti GRIFF H. STRICKLER, LE AN, ,� O YMQS j& CALK S By: ROBERT A. LERMAN, ESQUIRE PA# 07490 Attorney for Defendant, William B. Graham 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax rlermankgslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VELMA MILLER and GERALD MILLER, Civil Action- Law Plaintiffs, VS. No. 14-4425 Civil WILLIAM B. GRAHAM, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE k AND NOW,this, day of 2014,I,Robert A.Lerman,Esquire,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,to Plaintiffs'Request for Production of Documents,by United States Mail,addressed to the parry or attorney of record as follows: Ryan P. McDaniel, Esquire Freeburn& Hamilton, PC 2040 Linglestown Road, Suite 300 Harrisburg, PA 17110 (Counsel for intiffs) G FITH, STRICKLER, LERMAN, SOLYMOS CA INS By: - ROBERT A. LERMAN, ESQUIRE PA# 07490 Attorney for Defendant, William B. Graham 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax rlermanggslsc.com ri ED- FF DE iL T i't %i t i i i i' A\ 1 2111; NOV-7 - 09 CUMBERLAND COUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VELMA MILLER and GERALD MILLER, Plaintiffs, vs. WILLIAM B. GRAHAM, Defendant. Civil Action - Law No. 14-4425 Civil 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, William B. Graham, certifies that: (1) A Notice of Intent to Serve the Subpoenas with copies 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, is attached to this Certificate, (3) The attorney for the Plaintiff has waived the notice period, per the attached Waiver, 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,RICKLER, LERMAN, SOLY & CALKING BY: Date: November 6, 2014 OBERT A. LERMAN, ESQUIRE PA#07490 ttorney for Defendant, William B. Graham 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 VELMA MILLER and GERALD MILLER, Plaintiffs vs. WILLIAM B. GRAHAM, Defendant Civil Action - Law No. 14-4425 Civil JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Robert A. Lerman, Esquire, counsel for Defendant, intends to serve Subpoenas identical to the ones that are 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, STCKLER, LERMAN, SOLYMO:✓& CALKINS BY: Date: /O ,4" j L OBERT A. LERMAN. ESQUIRE PA#07490 Attorney for Defendant 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 VELMA MILLER and GERALD MILLER, Plaintiffs, vs. WILLIAM B. GRAHAM, Defendant. Civil Action - Law No. 14-4425 Civil JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Internists of Central PA, 108 Lowther Street, Lemoyne, PA 17043 (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, 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 pertaining to Velma Miller, date of birth: 11/18/44. 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: ROBERT A. LERMAN, ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant DATE: BY THE COURT: Seal of Court Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VELMA MILLER and GERALD MILLER, Plaintiffs, vs. WILLIAM B. GRAHAM, Defendant. Civil Action - Law No. 14-4425 Civil JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Belvedere Medical Center, 850 Walnut Bottom Road, Carlisle, PA 17013 (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, 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 pertaining to Velma Miller, date of birth: 11/18/44. 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: ROBERT A. LERMAN, ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant DATE: BY THE COURT: Seal of Court Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VELMA MILLER and GERALD MILLER, Plaintiffs, vs. WILLIAM B. GRAHAM, Defendant. Civil Action - Law No. 14-4425 Civil : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Spring Road Family Practice, 1921 Spring Road, Carlisle, PA 17013 (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, 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 pertaining to Velma Miller, date of birth: 11/18/44. 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: ROBERT A. LERMAN, ESQ. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 (717) 757-7602 07490 Defendant BY THE COURT: Seal of Court Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VELMA MILLER and GERALD MILLER, Plaintiffs, vs. WILLIAM B. GRAHAM, Defendant. Civil Action - Law No. 14-4425 Civil JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: McCann Chiropractic Center, 241 York Road, Carlisle, PA 17013 (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, 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 pertaining to Velma Miller, date of birth: 11/18/44. 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: ADDRESS: TELEPHONE: SUPREME COURT ID: ATTORNEY FOR: DATE: ROBERT A. LERMAN, ESQ. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 (717) 757-7602 07490 Defendant BY THE COURT: Seal of Court Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VELMA MILLER and GERALD MILLER, Plaintiffs, vs. WILLIAM B. GRAHAM, Defendant. Civil Action - Law No. 14-4425 Civil JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Philadelphia Orthopedic Group, 2 Bala Piz, Bala Cynwyd, PA 19004 (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, 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 pertaining to Velma Miller, date of birth: 11118144. 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: ADDRESS: TELEPHONE: SUPREME COURT ID: ATTORNEY FOR: DATE: ROBERT A. LERMAN, ESQ. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 (717) 757-7602 07490 Defendant • BY THE COURT: Seal of Court Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VELMA MILLER and GERALD MILLER, Plaintiffs, vs. WILLIAM B. GRAHAM, Defendant. Civil Action - Law No. 14-4425 Civil JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Pulmonary and Critical Care Medicine Associates, 2015 Technology Parkway, Suite 201, Mechanicsburg, PA 17050 (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, 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 pertaining to Velma Miller, date of birth: 11118/44. 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: ROBERT A. LERMAN, ESQ. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 (717) 757-7602 07490 Defendant BY THE COURT: Seal of Court Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VELMA MILLER and GERALD MILLER, Plaintiffs, vs. WILLIAM B. GRAHAM, Defendant. Civil Action - Law No. 14-4425 Civil JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Andrews & Patel Associates, P.C., 3912 Trindle Road, 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 office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, 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 pertaining to Velma Miller, date of birth: 11/18/44. 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: ADDRESS: TELEPHONE: SUPREME COURT ID: ATTORNEY FOR: DATE: ROBERT A. LERMAN, ESQ. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 (717) 757-7602 07490 Defendant BY THE COURT: Seal of Court Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VELMA MILLER and GERALD MILLER, Plaintiffs vs. WILLIAM B. GRAHAM, Defendant RTIFIC TE OF SERVICE AND NOW, this, day of , 2014, I, Robert A. Lerman, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby certify that I have, this date, served a copy of Notice of Intent to Serve Subpoenas by United States Mail, addressed to the party or attorney of record as follows: Civil Action - Law No. 14-4425 Civil JURY TRIAL DEMANDED Ryan P. McDaniel, Esquire Freeburn & Hamilton, PC 2040 Linglestown Road, Suite 300 Harrisburg, PA 17110 (Counsel for Plaintiffs) GRIFFITH, STRICKLER, LERMAN, SO OS & CALKINS BY: bert A. Lerman, Esquire PA#07490 Attorney for Defendant 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602/(717) 757-3783 fax rlerman@gslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VELMA MILLER and GERALD MILLER, Plaintiffs vs. WILLIAM B. GRAHAM, — Defendant Civil Action - Law No. 14-4425 Civil JURY TRIAL DEMANDED WAIVER OF NOTICE OF INTENT TO SERVE SUBPOENAS I, Ryan P. McDaniel, attorney for Plaintiffs, hereby waive the twenty (20) day Notice of Intent to Serve Subpoena pursuant to 4009.22. I further have no objection the Defendant serving the Subpoena directed to the following providers upon the filing of this Waiver: 1. Internists of Central PA; 2. Belvedere Medical Center; 3. Spring Road Family Practice; 4. McCann Chiropractic Center; 5. Philadelphia Orthopedic Group; 6. Pulmonary & Critical Care Medicine Associates; and 7. Andrews & Patel Associates, P.C. Dated: 100,0 AN P. MCI ANIEL, ESQUIRE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VELMA MILLER and GERALD MILLER, Plaintiffs, vs. WILLIAM B. GRAHAM, Defendant. CERTIFICATE OF SERVICE Civil Action - Law No. 14-4425 Civil JURY TRIAL DEMANDED AND NOW, this 6th day of November, 2014, I, Robert A. Lerman, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & ,CALKINS, Esquires, 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: Ryan P. McDaniel, Esquire Freeburn & Hamilton, PC 2040 Linglestown Road, Suite 300 Harrisburg, PA 17110 (Counsel for Plaintiffs) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY; Robert A. Lerman, Esquire PA#07490 Attorney for Defendant, William B. Graham 110 South Northern Way York, Pennsylvania 17402 717-757-7602/717-757-3783 fax rlerman@gslsc.com Ryan P. McDaniel, Esquire FREEBURN & HAMILTON ID No. 311942 2040 Linglestown Road, Ste. 300 Harrisburg, PA 17110 (717) 671-1955 Ryan@FreeburnLaw.com OF Fi CIF ThE PROTHON0 TAO 20114-10V i AMII: 00 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiffs VELMA MILLER AND GERALD MILLER, Plaintiffs v. WILLIAM B. GRAHAM Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14-4425 Civil : CIVIL ACTION - LAW PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER AND NOW, come Plaintiffs, Velma Miller and Gerald Miller, by their attorneys, Freeburn & Hamilton, PC, and files the following Reply to New Matter: 30. This is an incorporation paragraph, to which no reply is required. 31. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. 32. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. 33. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of further answer, it is specifically denied that defendant was operating his motor vehicle in a lawful, careful, cautious, reasonable, and prudent manner at the time of the collision and was, in fact, driving too fast for conditions. 34. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of further answer, it specifically denied that other individuals, including Loretta Hair, were responsible for causing the subject collision. 35. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of further answer, Plaintiffs specifically contend that Plaintiff Velma Miller suffered a serious injury as defined in the Pennsylvania Motor Vehicle Financial Responsibility Law. 36. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of further answer, Plaintiffs specifically contend that Plaintiff Velma Miller suffered a serious injury as defined in the Pennsylvania Motor Vehicle Financial Responsibility Law and will therefore be able to recover non -economic damages. 37. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. 38. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. 39. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. 40. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. 41. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. WHEREFORE, Plaintiffs, Velma Miller and Gerald Miller, demand judgment in their favor and against Defendant, William B. Graham, in an amount in excess of FIFTY THOUSAND & 00/100 ($50,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Date: By: Respectfully Submitted, FREEBURN & HAMILTON, PC P. McDanie , quire No. 311942 0 Linglestown Rd., Ste. 300 Harrisburg, PA 17110 (717) 671-1955 11/13/14 Counsel for Plaintiffs VERIFICATION I, Ryan P. McDaniel, Esquire, legal counsel for Plaintiffs, Velma and Gerald Miller, having sufficient knowledge, information and belief, based upon info' Illation provided by my client, hereby verify that the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. DATE AN P. MCDANIEL, ESQUIRE CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was duly served on the 13th day of November, 2014, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Robert A. Lerman, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402 By: FREEBURN & HAMILTON, PC erty, Assistant to P. McDaniel, Esquire I.D. No. 311942 2040 Linglestown Rd., Ste. 300 Harrisburg, PA 17110 (717) 671-1955 Date: 11/13/14 Counsel for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VELMA MILLER and GERALD MILLER, Civil Action - Law Plaintiffs, vs. No. 14-4425 Civil WILLIAM B. GRAHAM, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 201" day of November, 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, to Plaintiff, Velma Miller, Set No. 3 as indicated below, addressed to the party or attorney of record as follows: Ryan P. McDaniel, Esquire Freeburn & Hamilton, PC 2040 Linglestown Road, Suite 300 Harrisburg, PA 17110 (Counsel for Plaintiffs) GRIFFITH, ST: CA BY: jml/graham-int3 KLER, LERMAN, SOLYMOS & OBERT A. LERMAN, ESQU RE #PA07490 Attorney for Defendant 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 Fax rlerman@gslsc.com NO V 2 i ph, 1, 37 f - LIj v Lfi A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VELMA MILLER and GERALD MILLER, Plaintiffs, vs. WILLIAM B. GRAHAM, Defendant. Civil Action - Law No. 14-4425 Civil JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 20th day of November, 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, to Plaintiff, Velma Miller, Set No. 2 by United States Mail, addressed to the party or attorney of record as follows: Ryan P. McDaniel, Esquire Freeburn & Hamilton, PC 2040 Linglestown Road, Suite 300 Harrisburg, PA 17110 (Counsel for Plaintiffs) GRIFFITH, STRI BY: jml/graham-rfpd2 - SOLY LER, LERMAN, S& CALKINS R BERT A. LERMAN, ESQUIRE #PA07490 Attorney for Defendant 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 VELMA MILLER and GERALD MILLER, Plaintiffs, vs. WILLIAM B. GRAHAM, Defendant. AND NOW, this hd day of CERTIFICATE OF SERVICE Civil Action - Law No. 14-4425 Civil JURY TRIAL DEMANDED , 2014, I, Robert A. Lerman, Esquire, 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 Defendant, to Plaintiffs' Interrogatories, by United States Mail, addressed to the party or attorney of record as follows: Ryan P. McDaniel, Esquire Freeburn & Hamilton, PC 2040 Linglestown Road, Suite 300 Harrisburg, PA 17110 (Counsel for Plainti By: GRIFF: ; STRICKLER, L RMAN, OLYMOS & CAL BERT A. LERMAN, ESQUIRE PA# 07490 Attorney for Defendant, William B. Graham 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax rlerman@gslsc.com