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HomeMy WebLinkAbout05-4505XlndaQ ,?ILIOU MOM ,0; qold YlOA ISNIVD NOIIDV NFL QdJNdNWOD SVH d3I.INI` -ld (EIWVN-aAOEIV IH.I IVH.I URIJIION d2Id flOA ?q i? ] , :also :S.INWINd3dQ (IHWVN 4AO9V 3H.I 01 SNOKWIS 30 IIHA1 S? -?[ _ ?alsQ L. Pin 33ua S X) i2fe4011V -ON ouogdalaZ/ssaippd/sauisN 199L-Z£Z LIL OIILI dd zngsiuuH I391IS IuozJ gITON I£9£ 9£IL8 'oN QI auioll? aim sg t?lsmolsgo?yQ •f sg oI popirAuoJ pus ponssi aq llsgs suouzumS Jo IuM •uotlos pouogdso-anogs oql m suoLuwns Jo Ium anssi assald :INAOJ QIVS 30 AiJV I.ONOHS,OWd dH.I. Ol SNOLULvfIS 30 .Cram doa ddIOdv2Id sluspuppa £ I0L I Fed `als?IJUD `psog xasgipp wN 0£ `o3?m Pus pusgsnH mdI - NOIJ OFD'IIAIO [, ,0 SOS/7 3006 -ON VINVA'IASNNad `AINf1OD QNd'IN99MIJ Sdgld NOWWOO 30 luf1OD HH1 NI xiHTIIW A.L.LdS s/}Us HJ HRVZI'Ia QNd 2Ig'I,llw 'a Q'IVNOd Pus `POLL 6'd `als?I•TS3 `psog xasalPP!W •N Ob `N I'I1W 'g NIJ,SfIQ 'SA JJ!luisld Z£8£Z VA `zalsagO aosld II?gulotlL 909£I MEM • I NO.INI'IO 199L-Z£Z-LIL 0 11 L I dd `$ingslusH laa-TIS luoid WON I £9£ SN,dvax T Z aamalvo 9 £IL8'ON'(Fl t0111011V azmbsg `t)lsmolsgoryg _r,Csg .y N V J V ^'J J _t Brigid Q. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 (717) 236-9377 - Telephone (717) 236-9316 - Facsimile brieidalford®att.net -email Attorneys for Defendants Dustin E. Miler, Ronald E. Miller and Elizabeth a/k/a Betty Miller CLINTON L. HERB, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. DUSTIN E. MILLER, RONALD E. MILLER and ELIZABETH a/k/a BETTY MILLER, Defendants No. 2005-4505 :CIVIL ACTION -LAW PRAECIPE FOR ENTRY OF APPEARANCE Kindly enter the appearances of Brigid Q. Alford, Esquire and Boswell, Tintner, Piccola & Alford on behalf of Defendants Dustin E. Miller, Ronald E. Miller and Elizabeth a/k/a Betty Miller. Respectfully submitted, By: L '? - Q?- Brigid . Alford, E uire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 (717) 236-9377 Attorneys for Defendants Dustin E. Miller, Ronald E. Miller and Elizabeth a/Wa Betty Miller 144 05- Date: 9t I CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Praecipe for Entry of Appearance by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Ray J. Michalowski, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 By: Brigid 0" Alford, Es re Date: ? N ? fl G? cn (YS - ` ? -- ri'?? ??` rn O rn r? -- tiT r ± ? ??? N ?? G ?' ' N -?-tr 3? C7('7 ':?? 4ri A .-. yf? SHERIFF'S RETURN - REGULAR CASE NO: 2005-04505 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HERB CLINTON L VS MILLER DUSTIN E ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MILLER DUSTIN E the DEFENDANT , at 1125:00 HOURS, on the 7th day of September, 2005 at 40 NORTH MIDDLESEX ROAD CARLISLE, PA 17013 by handing to KEITH MILLER, FATHER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.00 Postage .37 Surcharge 10.00 nn JL.I / Sworn and Subscribed to before me this ) J day of } Ae?rjV A.D. j Pr notar So Answers: fR R. Thomas Kline 09/08/2005 CALDWELL & KEARNS By: eputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2005-04505 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HERB CLINTON L VS LLER DUSTIN E ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS MILLER was served upon the DEFENDANT , at 1127:00 HOURS, on the 7th day of September, 2005 at 30 NORTH MIDDLESEX ROAD CARLISLE, PA 17013 by handing to RONALD MILLER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service 4.00 4 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 20.00 09/08/2005 CALDWELL & KEARNS Sworn and Subscribed to before By: x 9 me this 2 5 day of Deputy She ff SA. D. Prot n tary SHERIFF'S RETURN - REGULAR CASE NO: 2005-04505 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HERB CLINTON L VS MILLER DUSTIN E ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MILLER ELIZABETH A/K/A BETTY DEFENDANT the , at 1127:00 HOURS, on the 7th day of September, 2005 at 30 NORTH MIDDLESEX ROAD CARLISLE, PA 17013 by handing to RONALD MILLER, HUSBAND a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of u? A.D. Prothofi tart' So Answers R. Thomas Kline 09/08/2005 CALDWELL & KEARNS By. eputy Sheriff Brigid Q. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 (717) 236-9377 - Telephone (717) 236-9316 - Facsimile brioidalford@att.net -email Attorneys for Defendants Dustin E. Miler, Ronald E. Miller and Elizabeth a/k/a Betty Miller CLINTON L. HERB, Plaintiff V. DUSTIN E. MILLER, RONALD E. MILLER and ELIZABETH a/k/a BETTY MILLER, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 2005-4505 CIVIL ACTION -LAW PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Enter a rule upon the Plaintiff to file a Complaint within twenty (20) days after service of the Rule, or Judgment of Non Pros will be entered. Respectfully submitted, By: Brigi Q. Alford, squire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 (717) 236-9377 Attorneys for Defendants Dustin E. Miller, Date: ?? /alai Ronald E. Miller and Elizabeth a/k/a Betty Miller CLINTON L. HERB, Plaintiff V. DUSTIN E. MILLER, RONALD E. MILLER and ELIZABETH a/k/a BETTY MILLER, Defendants TO THE PLAINTIFF: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 2005-4505 CIVIL ACTION - LAW RULE You are ruled to file a Complaint within twenty (20) days after service hereof. Date: ej??? ? ROTH O ARY CERTIFICATE OF SERVICE I do hereby certify that I have served on this date a true and correct copy of the foregoing Rule to File Complaint on the following by first-class mail, postage prepaid and addressed as follows: Ray J. Michalowski, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Brigid O. Alford, Esq e Date: m,3 o; 4{ jr cn i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL COVER SHEET Clinton L. Herb 13605 Thornhill Place Chester, VA 23832 Plaintiff, vs. Dustin E. Miller, 40 D. Middlesex Road, Carlisle, PA 17013, and Ronald E. Miller and Elizabeth a/k/a Betty Miller, Husband and Wife, 30 N. Middlesex Road, Carlisle, PA 17013 Defendants No. 05-4505 Civil Action - Law Ray J. Michalowski, Esquire Attorney I.D. #87135 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 CLINTON L. HERB, 13605 Thornhill Place Chester, VA 23832 vs. DUSTIN E. MILLER, 40 N. Middlesex Road, Carlisle, PA 17013, and RONALD E. MILLER AND Plaintiff ELIZABETH a/k/a BETTY MILLER, Husband and Wife, 30 N. Middlesex Road, Carlisle, PA 17013 Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS-9565 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 (800) 990-9108 CLINTON L. HERB, 13605 Thornhill Place Chester, VA 23832 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. DUSTIN E. MILLER, 40 N. Middlesex Road, Carlisle, PA 17013, and RONALD E. MILLER AND ELIZABETH a/k/a BETTY MILLER, Husband and Wife, 30 N. Middlesex Road, Carlisle, PA 17013 Defendants NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar action dentro de los proximos veinte (20) dias despues de la notification de esta Demanda y Aviso radicando personalmente o per medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, ]as demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar action como se describe anteriormente, el caso puede proceder sin usted y un fallo per cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. Sl 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 (800) 990-9108 CLINTON L. HERB, 13605 Thornhill Place Chester, VA 23832 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. DUSTIN E. MILLER, 40 N. Middlesex Road, Carlisle, PA 17013, and RONALD E. MILLER AND ELIZABETH a/k/a BETTY MILLER, Husband and Wife, 30 N. Middlesex Road, Carlisle, PA 17013 Defendants NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Clinton L. Herb, by and through his attorneys, Caldwell & Kearns, P.C., to file the within Complaint and aver in support thereof as follows: 1. The Plaintiff, Clinton L. Herb ("Plaintiff'), is an adult individual currently residing at 235 Nina Lane, Williamsburg, Virginia, 23188. 2. The Defendants, Ronald and Elizabeth (Betty) Miller, are adult individuals, husband and wife, currently residing at 30 North Middlesex Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Defendant, Dustin Miller, the grandson of Defendants Ronald and Betty Miller, is an adult individual currently residing at 40 North Middlesex Road, Carlisle, Cumberland County, Pennsylvania 17013. 4. On or about September 1, 2003 at approximately 11:30 P.M., Defendant Dustin Miller, was driving a car at or near the 1200 block of the Harrisburg Pike in Carlisle Pennsylvania, when his vehicle stuck Plaintiff's car from the rear. 5. The car being driven by Defendant Dustin Miller was owned by his grandparents, Defendants Ronald and Betty Miller. 6. Defendants Ronald and Betty Miller had entrusted the car to their grandson, Defendant Dustin Miller. 7. At the time of the incident Defendant Dustin Miller's driving privileges/license were under suspension. 8. Defendants Ronald, and Elizabeth Miller knew or should have known that Dustin's driving privileges were under suspension when they entrusted the car to his care. 9. At the time of the incident Defendant Dustin Miller was under the influence of alcohol. 10. Defendants Ronald, and Elizabeth Miller knew or should have known that Dustin Was under the influence of alcohol when they entrusted the car to his care. COUNTI - NEGLIGENCE Clinton L. Herb v. Dustin E. Miller 11. The averments in paragraphs 1 through 10 are incorporated herein by reference as if fully set forth below. 12. The collision was caused by the negligence, carelessness and recklessness of Defendant Dustin E. Miller. 13. The negligence, carelessness and recklessness of Defendant Dustin E. Miller consisted of, but is not limited to, the following: (a) Operating his vehicle while under the influence of accohol. (b) Operating his vehicle at a high rate of speed under the circumstances; (c) Failing to maintain a proper lookout while operating his vehicle on the roadway; (d) Failing to have his vehicle under proper and adequate control under the circumstances; (e) Failing to act with regard to the point and position of the Plaintiffs vehicle; (f) Failing to stop before striking the rear of Plaintiffs vehicle; (g) Failing to stop in a safe manner; (h) Failing to stop his vehicle within the assured clear distance ahead in violation of 75 Pa. C.S.A. §3361; (i) Following too closely behind Plaintiff s vehicle in violation of 75 Pa. C.S.A. §3310; and 0) Driving carelessly in violation of 75 Pa. C.S.A. §3714. 14. As a direct and proximate result of the negligence of Defendant Dustin E. Miller, Plaintiff Clinton L. Herb sustained serious and permanent injuries in and about his head, body and limbs, including but not limited to injuries to his neck, back, and shoulder, emotional distress, and anguish associated with his physical injuries. 15. Asa direct and proximate result of the negligence of Defendant Dustin E. Miller, Plaintiff Clinton L. Herb. has undergone, and continues to undergo medical treatment for his injuries. 16. As a direct and proximate result of the negligence of Defendant Dustin E. Miller, Plaintiff Clinton L. Herb has been and continues to be obligated to expend various sums of money for the medicine and medical treatment for his injuries. 17. As a direct and proximate result of the negligence of Defendant Dustin E. Miller, Plaintiff Clinton L. Herb. has suffered, still suffers and will continue to suffer great pain and anguish for an indefinite time into the future. 18. As a direct and proximate result of the negligence of Defendant Dustin E. Miller, Plaintiff Clinton L. Herb. has been unable to work or has been limited in the work he could perform, and has suffered a loss of wages as a result. 19. As a direct and proximate result of the negligence of Defendant Dustin E. Miller, Plaintiff Clinton L. Herb, has or will suffer future wage loss and loss of earning capacity. WHEREFORE, Plaintiff, demands judgment against Defendants for an amount in excess of Thirty-Five Thousand Dollars ($35,000.00) plus interest, cost, attorneys fees, and delay damages. COUNT II - NEGLIGENT ENTRUSTMENT Clinton L. Herb v. Ronald and Elizabeth Miller 20. The averments in paragraphs 1 through 19 are incorporated herein by reference as if fully set forth. 21. The negligence, carelessness, and recklessness of Defendants Ronald and Betty Miller consisted of, but is not limited to, the following: (a) Permitting their grandson, Defendant Dustin Miller, to operate their car, although they knew or should have known that he was under the influence of alcohol. (b) Permitting Defendant Dustin Miller to operate their car, although they knew or should have known that he was careless and reckless in the operation of cars. (c) Permitting Defendant Dustin Miller to operate their car, although they knew or should have known that he was not in proper mental or physical condition to operate a vehicle, (d) Permitting Defendant Dustin Miller to operate their car, although they knew or should have known that his driving license was suspended. 22. As a direct and proximate result of the negligence of Defendants Ronald and Betty Miller, Plaintiff Clinton L. Herb sustained the injuries as set forth in paragraphs 14 through 19 above. WHEREFORE, Plaintiff demands judgment against Defendants for an amount in excess of Thirty-Five Thousand Dollars ($35,000.00) plus interest, cost, attorneys fees, and delay damages. Respectfully submitted, -? i 7 Dated: CALDWELL & KEARNS By: R . Mic o kski, Esquire Attorney LJ No. 87135 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff 04-126/94095 VERIFICATION I, Ray J. Michalowski , Esquire, Attorney for Plaintiff, Clinton L. Herb„ who is authorized to make this Verification on Plaintiff's behalf, verifies that the information contained in the foregoing document is true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. i ;ate r :" Date: ? Ray J. Mi l CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the within document this C) day of I?A , 2005, on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Brigid Q. Alford, Esquire BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street P.O. Box 741 Harrisburg, PA 17108-0741 CALDWELL & KEARNS By: , 0& 79 71rn '?? N x.:71? W J{il 1 _{ 5 Brigid Q. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Defendants CLINTON L. HERB, Plaintiff V. DUSTIN E. MILLER, RONALD E. MILLER and BETTY MILLER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2005-4505 CIVIL ACTION -LAW MOTION TO APPROVE STIPULATION OF PARTIES TO CORRECT CAPTION TO REFLECT DEFENDANT'S FIRST NAME AND TO AMEND PLAINTIFF'S PRAYER FOR RELIEF Defendants Dustin E. Miller, Ronald E. Miller and Betty Miller, by their attorneys, Brigid Q. Alford, Esquire and Boswell, Tintner, Piccola & Alford, move the Court to approve the attached Stipulation, to order that the caption be corrected to reflect Defendant Betty Miller's actual first name, and to amend the Plaintiff's prayer for relief. Plaintiff, through his counsel of record concurs in the Stipulation, as noted thereon. Respectfully submitted, By: Brigid Q. Afford, EsquirEti Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendants Date: I 1,5 0? CLINTON L. HERB, Plaintiff V. DUSTIN E. MILLER, RONALD E. MILLER and ELIZABETH a/k/a BETTY MILLER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2005-4505 CIVIL ACTION - LAW STIPULATION OF PARTIES TO CORRECT CAPTION AND AMEND PLAINTIFF'S PRAYER FOR RELIEF The parties to the above-captioned action, by and through their respective attorneys of record, hereby stipulate and agree as follows: 1. The caption of this case shall hereafter be amended to identify Defendant Mrs. Miller as Betty Miller only, and not as Elizabeth a/k/a Betty Miller. 2. The Plaintiff withdraws his request for attorneys' fees previously included within the "Wherefore" clauses of his Complaint. CALDY LL & KEARNS „ BOSWELL, TINTNER, PICCOLA & ALFORD Rty J.'Mico%?,sk`i, Esquire S preme Court I.D. #87135 3631 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff Brigid Q. Alf d, Esquire Supreme Court I.D. #3890 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-741 Attorneys for Defendants Date: %' 7- G' Date: o y CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Motion to Approve Stipulation of Parties to Correct Caption to Reflect Defendant's First Name and to Amend Plaintiff's Prayer for Relief by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Ray J. Michalowski, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 By: ?` ?rk -?z _ Brigid Q. Alford, E`squir Date: i rs ?? c? ? a mr- 1 aGJ 7 , ri Brigid Q. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Defendants CLINTON L. HERB, Plaintiff V. DUSTIN E. MILLER, RONALD E. MILLER and BETTY MILLER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2005-4505 CIVIL ACTION - LAW NOTICE TO PLEAD TO: Clinton L. Herb C/O Ray J. Michalowski, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 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 you. BOSWELL, TINTNER, PICCOLA & ALFORD By: Brigid Q. (ford, Es re Date: / s?o? Brigid Q. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Defendants CLINTON L. HERB, Plaintiff V. DUSTIN E. MILLER, RONALD E. MILLER and BETTY MILLER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 20054505 CIVIL ACTION - LAW DEFENDANTS' ANSWER TO COMPLAINT WITH NEW MATTER Defendants Dustin E. Miller, Ronald E. Miller and Betty Miller, by their attorneys, Brigid Q. Alford, Esquire and Boswell, Tintner, Piccola & Alford, answer Plaintiff's Complaint, as follows: 1. Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 1; the same are therefore denied and proof thereof demanded. 2. Admitted. 3. Admitted. 4. Admitted only that, on or about September 1, 2003, Defendant Dustin E. Miller was driving a car at or near the 1200 block of the Harrisburg Pike in Carlisle, Pennsylvania. Denied that he was doing so at approximately 11:30 p.m.; the remaining averments are also denied as stated. 5. Denied. To the contrary, the car begin driven by Defendant Dustin Miller was owned by his grandfather, Ronald Miller. 6. Paragraph 6 sets forth a conclusion of law to which no response is required. 7. Denied. 8. Denied. 9. Denied. 10. Denied. ANSWER TO COUNT I - NEGLIGENCE Clinton L. Herb v. Dustin E. Miller 11. Defendants incorporate herein by reference their answers to Paragraphs 1- 10, above. 12. Paragraph 12 sets forth a conclusion of law to which no response is required. 13. The allegations of negligence, carelessness, recklessness and violation of statute set forth conclusions of law to which no responses are required. The remaining factual averments are denied. 14. The allegations of causation, proximate result, and negligence set forth conclusions of law to which no responses are required; Defendants are without knowledge -2- or information sufficient to form a belief as to the truth of the averments of injury and/or damages; the same are therefore denied and proof thereof demanded. 15. The allegations of causation, proximate result, and negligence set forth conclusions of law to which no responses are required; Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of injury and/or damages; the same are therefore denied and proof thereof demanded. 16. The allegations of causation, proximate result, and negligence set forth conclusions of law to which no responses are required; Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of injury and/or damages; the same are therefore denied and proof thereof demanded. 17. The allegations of causation, proximate result, and negligence set forth conclusions of law to which no responses are required; Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of injury and/or damages; the same are therefore denied and proof thereof demanded. 18. The allegations of causation, proximate result, and negligence set forth conclusions of law to which no responses are required; Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of injury and/or damages; the same are therefore denied and proof thereof demanded. 19. The allegations of causation, proximate result, and negligence set forth conclusions of law to which no responses are required; Defendants are without knowledge -3- or information sufficient to form a belief as to the truth of the averments of injury and/or damages; the same are therefore denied and proof thereof demanded. WHEREFORE, Defendants demand judgment in their favor, and againstthe Plaintiff. DEFENDANTS' ANSWER TO COUNT II - NEGLIGENT ENTRUSTMENT Clinton L. Herb v. Ronald and Elizabeth Miller 20. Defendants incorporate herein by reference their answers to Paragraphs 1-19 above. 21. The allegations of negligence, carelessness, recklessness and violation of statute set forth conclusions of law to which no responses are required. The remaining factual averments are denied. 22. The allegations of causation, proximate result, and negligence set forth conclusions of law to which no responses are required; Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of injury and/or damages; the same are therefore denied and proof thereof demanded. WHEREFORE, Defendants demandjudgment in theirfavor, and againstthe Plaintiff. NEW MATTER 23. Plaintiff's Complaint as against Defendants fail to set forth a claim upon which relief can be granted. 24. Plaintiff's injuries and/or damages, if any, were caused by persons and/or entities other than Defendants, and over whom Defendants exercised no control and for whose conduct Defendants had no legal responsibility. -4- 25. Plaintiff's claims, and their ability to recover damages as against Defendants may be limited, in whole or in part, by the doctrine of contributory negligence and Pennsylvania's Comparative Negligence Act. 26. Plaintiff's claims, and their ability to recover damages as against Defendants may be limited, in whole or in part, by the provisions of Pennsylvania's Motor Vehicle Financial Responsibility Law, including but not limited to the tort option selection attributable to Plaintiff thereunder. 27. Any and all medical expenses paid by a collateral source are unrecoverable and Plaintiff may not plead, prove, or recover the same. 28. Plaintiff's claims, and his ability to recover damages as against Defendants may be limited, in whole or in part, by the doctrines of release, waiver, payment, fraud, illegality, and/or accord and satisfaction. 29. Plaintiff's injuries and/or damages, if any, pre-existed the accident at issue and were not exacerbated by it. 30. Plaintiff's injuries and/or damages, if any, were caused by events and/or conditions other than the accident at issue. Date: 1 a l?? ?otf r- Respectfully submitted, By: Brigid Q. Alford, sq ire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street, P.O. Box 741 Harrisburg, PA 17108-0741 Attorneys for Defendants CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Defendants' Answer to Complaint with New Matter by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Ray J. Michalowski, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 By: Brigid Q. ford, quir Date: I S o? N ? Q r Y ?n ? ' C7 ? T . 1"'". C 1 ^ L') ??r?1 -. ?. . "ii iii .- - t. ??:.?, ? :-? f> :? 5 DEC 2 1 2005 Brigid Q. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Defendants CLINTON L. HERB, Plaintiff V. DUSTIN E. MILLER, RONALD E. MILLER and BETTY MILLER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2005-4505 CIVIL ACTION -LAW ??,,,??OjRDER NOW, this? day of 4 , 2005, upon consideration of the foregoing Motion and Stipulation, the Court hereby approves the Stipulation, grants the Motion, and ORDERS that to order that the caption be corrected to reflect Defendant Betty Miller's actual first name, and to amend the Plaintiff's er for relief, Witt prejudice. BY THE J. J"?5' 7 1 :Ic' !,:! f Z<. 7 L HE ,4b`d „ i r?1 ?G CLINTON L. HERB, 13605 Thornhill Place Chester, VA 23832 vs. DUSTIN E. MILLER, 40 N. Middlesex Road, Plaintiff Carlisle, PA 17013, and RONALD E. MILLER AND BETTY MILLER, Husband and Wife, 30 N. Middlesex Road, Carlisle, PA 17013 Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-4505 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANTS' NEW MATTER AND NOW, comes the Plaintiff, Clinton L. Herb, by and through his attorneys, Caldwell & Kearns, P.C., to file the within Answer to Defendants' New Matter and avers in support thereof as follows: Paragraphs 23-30. Denied. The averments set forth in these paragraphs are conclusions of law to which no responsive pleading is deemed necessary in accordance with the Pennsylvania Rules of Civil Procedure. By the way of further answer, and to the extent ant answer is required, Plaintiff incorporates herein the averments set forth in his Complaint as though fully set forth below. By way of still further answer, the averments in these paragraphs are strictly denied and proof thereof is demanded at trial. [THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] WHEREFORE, Plaintiff demands judgment against Defendants for an amount in excess of Thirty-Five Thousand Dollars ($35,000.00) plus interest, costs, and delay damages. Respectfully submitted, Dated: ?'_k " ? CAL E L & A S By: Ray W. Mich wski, Esquire Attorney I.D. No. 87135 Jeffrey T. McGuire, Esquire Attorney I.D. No. 73617 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff 04-126199321 VERIFICATION I, Ray J. Michalowski , Esquire, Attorney for Plaintiff, Clinton L. Herb„ who is authorized to make this Verification on Plaintiff's behalf, verifies that the information contained in the foregoing document is true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: ` -6 C CERTIFICATE OF SERVICE .X7" AND NOW, this day of March, 2006, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Brigid Q. Alford, Esquire 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 Attorney for Defendants By: ., A `? Brigid Q. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Defendants CLINTON L. HERB, Plaintiff V. DUSTIN E. MILLER, RONALD E. MILLER and BETTY MILLER, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2005-4505 :CIVIL ACTION -LAW 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, Defendants certifiy that: (1) A Notice of Intent to serve the subpoenas with copies of the subpoenas attached thereto was mailed to Counsel of record on May 24, 2006. (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, marked as Exhibit A. (3) No objections to the subpoenas has been received. Counsel for Plaintiff has waived the 20 day waiting period. (4) The subpoenas which are to be served are identical to the subpoenas which are attached to the notice of intent to serve the subpoenas. Respectfully submitted, By: 'Ptt?- ??' ", J:J?- Brigi . Alford, Zle Supreme Court Boswell, Tintner, Piccola & Alford 315 North Front Street Harrisburg, PA 17101 (717) 236-9377 Attorneys for Defendants Miller Date: May 31, 2006 Brigid Q. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Defendants CLINTON L. HERB, Plaintiff V. DUSTIN E. MILLER, RONALD E. MILLER and BETTY MILLER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2005-4505 :CIVIL ACTION -LAW NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants Miller, intend to serve subpoenas identical to the ones that are attached to this notice upon the following: 1. Carlisle Community Ambulance 2. Carlisle Regional Medical Center 3. Sun Orthopedics/Dr. Lynn 4. William R. Powers, M.D./Hasan A. Jafary, M.D. 5. Rodwan K. Rajjoub, M.D./Lycoming Neurosurgical Associates 6. Lewisburg Evangelical Community Hospital 7. Exel Homes EXHIBIT 8. Fleetwood Homes 9. JES Construction 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. Respectfully submitted, By: Brigid . Alford, Esquir' Supreme Court #3859 Boswell, Tintner, Piccola & Alford 315 North Front Street Harrisburg, PA 17101 (717) 236-9377 Attorneys for Defendants Miller DATE: May 24, 2006 CLINTON L. HERB, V. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA DUSTIN E. MILLER, RONALD E. MILLER and BETTY MILLER, Defendants : No. 2005-4505 :CIVIL ACTION -LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: JES Construction, 3728 Profit Way, #100, Chesapeake, VA 23323 (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: Copies of any and all employment records, including employment application, salary history, work evaluations, etc., for CLINTON L. HERB, SS#186-46-0481, Date of Birth - May 11, 1954. at Boswell, Tintner, Piccola & Alford, 315 N. Front Street/PO Box 741, Harrisburp-, PA 17108-0741 (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: Brigid O. Alford, Esquire ADDRESS: 315 N. Front Street/PO Box 741 Harrisburg, PA 17108-0741 TELEPHONE : (717) 236-9377 SUPREME COURT ID #: 38590 ATTORNEY FOR: Defendants Miller BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk CLINTON L. HERB, V. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA DUSTIN E. MILLER, RONALD E. MILLER and BETTY MILLER, Defendants : No. 2005-4505 :CIVIL ACTION -LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Excel Homes, RR#2, Box 683, Liverpool, PA 17045 (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: Copies of any and all employment records, including employment application, salary history, work evaluations, etc., for CLINTON L. HERB, SS#186-46-0481, Date of Birth - May 11, 1954. at Boswell, Tintner, Piccola & Alford, 315 N. Front Street/PO Box 741, Harrisburg, PA 17108-0741 (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: Brigid O. Alford, Esquire ADDRESS: 315 N. Front Street/PO Box 741 Harrisburg, PA 17108-0741 TELEPHONE : (717) 236-9377 SUPREME COURT ID #: 38590 ATTORNEY FOR: Defendants Miller BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk CLINTON L. HERB, V. DUSTIN E. MILLER, RONALD E. MILLER and BETTY MILLER, SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Fleetwood Homes 60 Industrial Road Elizabethtown PA 17022 (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: Copies of any and all employment records, including employment application, salary history, work evaluations, etc., for CLINTON L. HERB, SS#186-46-0481, Date of Birth - May 11, 1954. at Boswell, Tintner, Piccola & Alford, 315 N. Front Street/PO Box 741, Harrisburg, PA 17108-0741 (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: Brigid O. Alford, Esquire ADDRESS: 315 N. Front Street/PO Box 741 Harrisburg, PA 17108-0741 TELEPHONE : (717) 236-9377 SUPREME COURT ID #: 38590 ATTORNEY FOR: Defendants Miller : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Defendants : No. 2005-4505 :CIVIL ACTION -LAW BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk CLINTON L. HERB, Plaintiff V. DUSTIN E. MILLER, RONALD E. MILLER and BETTY MILLER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 2005-4505 :CIVIL ACTION -LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Community BLS, 102 W. Ridge Street, 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: Copies of any and all medical records, including treatment notes, correspondence, etc., for CLINTON L HERB, SS#186-46-0481, Date of Birth - May 11, 1954. Patient involved in mva on September 1, 2003, Incident #20030910M7615. at Boswell, Tintner, Piccola & Alford, 315 N Front Street/PO Box 741, Harrisburg, PA 17108-0741 (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: Brigid Q. Alford, Esquire ADDRESS: 315 N. Front Street/PO Box 741 Harrisburg, PA 17108-0741 TELEPHONE : (717) 236-9377 SUPREME COURT ID #: 38590 ATTORNEY FOR: Defendants Miller BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk CLINTON L. HERB, V. Plaintiff DUSTIN E. MILLER, RONALD E. MILLER and BETTY MILLER, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2005-4505 :CIVIL ACTION -LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Regional Medical Center, 45 Sprint Drive, 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: Copies of any and all medical records, including treatment notes, correspondence, x-ray resorts, etc., for CLINTON L. HERB, SS#186-46-0481, Date of Birth 7 May 11, 1954 Records requested are from Tanuary 1, 1990 through May 25, 2006. at Boswell, Tintner, Piccola & Alford, 315 N. Front Street/PO Box 741, Harrisburg, PA 17108-0741 (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: Brigid 0. Alford, Esquire ADDRESS: 315 N. Front Street/PO Box 741 Harrisburg, PA 17108-0741 TELEPHONE : (717) 236-9377 SUPREME COURT ID #: 38590 ATTORNEY FOR: Defendants Miller BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk CLINTON L. HERB, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. . DUSTIN E. MILLER, No. 2005-4505 RONALD E. MILLER and BETTY MILLER, Defendants :CIVIL ACTION -LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Sun Orthopedics/Dr. Lynn, 900 Buffalo Road, Lewisburg, PA 17837 (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: Copies of any and all medical records, including treatment notes, correspondence, x-ray reports, etc., for CLINTON L. HERB, SS#186-46-0481, Date of Birth - May 11, 1954 Records requested are from Ianuary 1, 1990 through May 25, 2006. at Boswell, Tintner, Piccola & Alford, 315 N. Front Street/PO Box 741, Harrisburg, PA 17108-0741 (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: Bri0d Q. Alford, Esquire ADDRESS: 315 N. Front Street/PO Box 741 Harrisburg, PA 17108-0741 TELEPHONE : (717) 236-9377 SUPREME COURT ID #: 38590 ATTORNEY FOR: Defendants Miller BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk CLINTON L. HERB, Plaintiff V. DUSTIN E. MILLER, RONALD E. MILLER and BETTY MILLER, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2005-4505 :CIVIL ACTION -LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: William R Powers, M.D., Hasan A Tafary, M.D., 451 Stanaford Road, Beckl,ey, WV 25801 (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: Copies of any and all medical records, including treatment notes, correspondence, x-ray reports, etc., for CLINTON L. HERB, SS#186-46-0481, Date of Birth - May 11, 1954 Records requested are from Ianuary 1, 1990 through May 25, 2006. at Boswell Tintner, Piccola & Alford, 315 N. Front Street/PO Box 741, Harrisburg, PA 17108-0741 (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: Brigid O. Alford, Esquire ADDRESS: 315 N. Front Street/PO Box 741 Harrisburg, PA 17108-0741 TELEPHONE : (717) 236-9377 SUPREME COURT ID #: 38590 ATTORNEY FOR: Defendants Miller BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk CLINTON L. HERB, V. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA DUSTIN E. MILLER, RONALD E. MILLER and BETTY MILLER, Defendants : No. 2005-4505 :CIVIL ACTION -LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Rodwan K. Rao joub, M.D./Lycoming Neurosurgical Associates, 904 Campbell Street, Williamsport, PA 17701 (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: Copies of any and all medical records, including treatment notes, correspondence, x-ray reports, etc., for CLINTON L. HERB, SS#186-46-0481, Date of Birth - May 11, 1954. Records requested are from.Ianuary 1, 1990 through May 25, 2006. at Boswell, Tintner, Piccola & Alford, 315 N. Front Street/PO Box 741, Harrisburg, PA 17108-0741 (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: Brigid O. Alford, Esquire ADDRESS: 315 N. Front Street/PO Box 741 Harrisburg, PA 17108-0741 TELEPHONE : (717) 236-9377 SUPREME COURT ID #: 38590 ATTORNEY FOR: Defendants Miller BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk CLINTON L. HERB, V. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA DUSTIN E. MILLER, RONALD E. MILLER and BETTY MILLER, Defendants : No. 2005-4505 :CIVIL ACTION -LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Lewisburg Evangelical Community Hospital, 1 Hospital Drive, Lewisburg, PA 17837 (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: Copies of any and all medical records, including treatment notes, correspondence, x-ray reports, etc., for CLINTON L HERB, SS#186-46-0481, Date of Birth - May 11, 1954. Records requested are from January 1, 1990 through May 25, 2006. at Boswell, Tintner, Piccola & Alford, 315 N. Front Street/PO Box 741, Harrisburg, PA 17108-0741 (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: Brigid O. Alford, Esquire ADDRESS: 315 N. Front Street/PO Box 741 Harrisburg, PA 17108-0741 TELEPHONE : (717) 236-9377 SUPREME COURT ID #: 38590 ATTORNEY FOR: Defendants Miller BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk CERTIFICATE OF SERVICE do hereby certify that I have served a true and correct copy of the foregoing Defendant Millers' Notice of Intent to Serve Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21, by first-class United States mail upon the following at the address set forth below: Ray J. Michalowski, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 C' By: Mr? Denise L. Foster, Paralegal DATE: May 24, 2006 CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Defendants' Certificate Prerequisite, by first-class United States mail upon the following at the address set forth below: Ray J. Michalowski, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 l By: Denise L. Foster, Paralegal Date: May 31, 2006 r-? C7 ?-y G--.a ^t1 z Brigid Q. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Defendants CLINTON L. HERB, Plaintiff V. DUSTIN E. MILLER, RONALD E. MILLER and BETTY MILLER, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2005-4505 :CIVIL ACTION -LAW 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, Defendants certify that: (1) A Notice of Intent to serve the subpoena with a copy of the subpoena attached thereto was mailed to Counsel of record on September 27, 2006. (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, marked as Exhibit A. (3) No objections to the subpoena has been received. (4) The subpoena which is to be served is identical to the subpoena which are attached to the notice of intent to serve the subpoena. Respectfully submitted, By: 4'.1- .2 Brigid t. Alford, quire Supreme Court 38590 Boswell, Tintner, Piccola & Alford 315 North Front Street Harrisburg, PA 17101 (717) 236-9377 Attorneys for Defendants Miller Date: October 20, 2006 40 Brigid Q. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Defendants CLINTON L. HERB, Plaintiff V. DUSTIN E. MILLER, RONALD E. MILLER and BETTY MILLER, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2005-4505 :CIVIL ACTION -LAW NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants Miller, intend to serve subpoenas identical to the ones that are attached to this notice upon the following: 1. Linda L. Granath, M.D. 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. Respectfully submitted, By: DATE: September 27, 2006 Bri Q. Alford, Eire Supreme Court #3290 Boswell, Tintner, Piccola & Alford 315 North Front Street Harrisburg, PA 17101 (717) 236-9377 Attorneys for Defendants Miller EXHIBIT CLINTON L. HERB, V. DUSTIN E. MILLER, RONALD E. MILLER and BETTY MILLER, Defendants : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2005-4505 :CIVIL ACTION -LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Linda L. Granath, 3 Hospital Drive, Lewisburg, PA (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all medical records, including treatment notes, x-ray reports, correspondence, referrals etc., for CLINTON L. HERB, SS#186-46-0481. Date of Birth - May 11, 1954. Record requested are from Januarv 1. 1990 through September 27. 2006. at Boswell._. 'n tn._r._Biccola_.Alford,-31SNLEront_StreetNA)LBox_-74L-Harrisburg,-PA 17108-0741 (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: Brigid O. Alford, Esguire ADDRESS: 315 N. Front Street/PO Box 741 Harrisburg, PA 17108-0741 TELEPHONE : (717) 236-9377 SUPREME COURT ID #: 38590 ATTORNEY FOR: Defendants Miller BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Defendant Millers' Notice of Intent to Serve Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21, by first-class United States mail upon the following at the address set forth below: Ray J. Michalowski, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 1 By: Denise L. Foster, Paralegal DATE: September 27, 2006 CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Defendants' Certificate Prerequisite, by first-class United States mail upon the following at the address set forth below: Ray J. Michalowski, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 By: Denise L. Foster, Paralegal Date: October 31, 2006 C? r.- 0 -TI .-4 i'ii?, i Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorneys for Plaintiff, Clinton Herb CLINTON L. HERB, Plaintiff, VS. DUSTIN E. MILLER, RONALD E. MILLER AND ELIZABETH a/k/a BETTY MILLER, Husband and Wife, Defendants. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-04505 CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw the undersigned's appearance on behalf of the Plaintiff, Clinton L. Herb, in the above-captioned action. Respectfully submitted, CALDWELL & KEARNS Date: V By: If Ray Michajoo(ski, Esquire Attorney I.D. #87135 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 04126-123554 31 Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorneys for Plaintiff, Clinton Herb CLINTON L. HERB, Plaintiff, VS. DUSTIN E. MILLER, RONALD E. MILLER AND ELIZABETH a/k/a BETTY MILLER, Husband and Wife, Defendants. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-04505 CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, thiWday of October, 2007, I hereby certify that a copy of the foregoing Praecipe to Withdraw Appearance has been served upon the following via U.S. mail, postage prepaid: Brigid Q. Alford, Esquire BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Harrisburg, PA 17108 (Counsel for the Defendants) Respectfully submitted, CALDWELL & KEARNS I ' By: VAIA on Be, Paralegal ? !^J ., l L' _: ' _ ? ?? i? ?} ?, . .... _ ? ? i S L'? -.^-.• .• ti -?,. t_a? z L Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorneys for Plaintiff, Clinton Herb CLINTON L. HERB, Plaintiff, VS. DUSTIN E. MILLER, RONALD E. MILLER AND ELIZABETH a/k/a BETTY MILLER, Husband and Wife, Defendants. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-04505 CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Plaintiff, Clinton L. Herb, in the above-captioned action. Respectfully submitted, CALDWF,-LL & KEARNS Date: By: Jef f Mckuire, Esquire I. o. 73617 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff 04126-123552 Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorneys for Plaintiff, Clinton Herb CLINTON L. HERB, Plaintiff, VS. DUSTIN E. MILLER, RONALD E. MILLER AND ELIZABETH a/k/a BETTY MILLER, Husband and Wife, Defendants. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-04505 CIVIL ACTION -LAW : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, thisAN day of October, 2007, I hereby certify that a copy of the foregoing Praecipe for Entry of Appearance has been served upon the following via U.S. mail, postage prepaid: Brigid Q. Alford, Esquire BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Harrisburg, PA 17108 (Counsel for the Defendants) Respectfully submitted, CALDWELL & KEARNS • By: I)k UZ to ( Dori Beard, aralegal. R - t'?' ? r -`r i '?? _ C ?-_ ? it _ i - ^"t . ;-t C.?'t -? ' ?. - . "? i ?. ? Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorneys for Plaintiff, Clinton Herb CLINTON L. HERB, Plaintiff, vs. DUSTIN E. MILLER, RONALD E. MILLER AND ELIZABETH aWa BETTY MILLER, Husband and Wife, Defendants. PRAECIPE TO THE PROTHONOTARY OF SAID COURT: Please mark the docket in the above-captioned action as settled, discontinued and ended. itted, Date: l YI 6 t : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-04505 CIVIL ACTION -LAW JURY TRIAL DEMANDED KEARNS By: e cGuire, Esquire 3617 Street h Front g, PA 17110 reamisburn (717) 232-7661 Attorney for Plaintiff, Clinton Herb 04126-128574 e= =1 r ?,. ? T 7 t7 t y ? ?g co "?