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HomeMy WebLinkAbout05-4795 METZGER, WICKERSHAM, P .C. By: Clark DeVere, Esquire Attorney J.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Susan Y. Brubaker SUSAN Y. BRUBAKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-!i1!lS. CIVIL TERM CIVIL ACTION - LA W HAROLD M. FAKE, Defendant JURY TRIAL DEMANDED TO: Defendant 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 Plaintiffs. 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, PAl 7013 (800) 990-9108 335095-1 A VISO USTED HA smo DEMANDADO EN LA CORTE. Si usted de sea defenderse de las quejas expuestas en las paginas siguientes, debe tomar acci6n dentro de veinte (20) dias a partir de la fecha en que recibi6 la demanda y el aviso. Usted debe presentar comparecencia esrita en persona 0 po abogado y presentar en la Corte por escrito sus defensas 0 sus objeciones alas demandas en su contra. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso 0 notificaci6n por cualquier dinero rec1amado en la demanda 0 por cualquier dinero reclamado en la demanda 0 po cualquier otra queja 0 compensaci6n rec1amados por el Demandante. USTED PUEDE PERDER DINERO, 0 PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI USTED NO TIENE 0 NO CONOCE UN ABODAGO, VA Y A 0 LLAME A LA OFICINA EN LA DIRECCION ESCRIT A ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800) 990-9108 335095-1 METZGER, WICKERSHAM, P .C. By: Clark De V ere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Susan Y. Brubaker SUSAN Y. BRUBAKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-'1'195 CIVIL TERM CIVIL ACTION - LAW HAROLD M. FAKE, Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Susan Y. Brubaker, by and through her attorneys, Metzger, Wickersham, Knauss & Erb, and respectfully represents the following: 1. Plaintiff Susan Y. Brubaker is an adult individual who, at the time of the incident herein, resided at 179 Paradise Park, New Bloomfield, Perry County, Pennsylvania. 2. Defendant Harold M. Fake is an adult individual residing at 119 Oak Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. The facts and circumstances hereinafter set forth occurred on September 27, 2004, at or about 4:29 P.M. at the 1800 block of Carlisle Road, Camp Hill, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Plaintiff Brubaker was the owner and operator of a 2001 Ford Mustang bearing Pennsylvania Registration Plate No. FRM8173. 5. At the aforesaid time and place, Defendant Fake was the owner and 335095-1 operator of a 1990 Ford F150 bearing Pennsylvania Registration Plate No. YBD0607. 6. At the aforesaid time and place, the vehicle operated by Plaintiff Brubaker was stopped at a red light at the 1800 block of Carlisle Road, Camp Hill, Cumberland County, Pennsylvania. 7. At the aforesaid time and place, a 1993 Dodge Dakota operated by Clifford Kirk was also stopped at the red light at the 1800 block of Carlisle Road, Camp Hill, Cumberland County, Pennsylvania directly behind Plaintiff Susan Yvonne Brubaker. 8. At the aforesaid time and place, Defendant Fake was operating his vehicle on Carlisle Road, Camp Hill, Cumberland County, Pennsylvania approaching the red light at the 1800 block of Carlisle Road behind the vehicle operated by Clifford Kirk. 9. At the aforesaid time and place, Defendant Fake failed to stop his vehicle in time and struck the rear of the vehicle being operated by Clifford Kirk pushing it into the vehicle being operated by Plaintiff Brubaker. 10. Defendant owed a duty to Plaintiff Brubaker and other lawful users of the roadways in the Commonwealth of Pennsylvania to operate the vehicle he was driving in such a way so as not to cause harm or damage to said other persons and to the Plaintiff in particular. 11. The aforesaid collision was the direct and proximate result of the negligence of Defendant Fake, in operating the 1990 Ford F150 in a careless, reckless and negligent manner as follows: a. Failing to slow or stop the vehicle he was operating so as to avoid a rear-end collision; b. In operating the vehicle at an excessive rate of speed under the circumstances; 335095-1 335095-1 c. Operating his vehicle in careless disregard for the safety of persons and/or property in violation of75 Pa. C.S.A. 93714 and applicable law; d. Operating his vehicle in reckless disregard for the safety of persons and/or property in violation of75 Pa. C.S.A. 93736 and applicable law; e. Following too closely in violation of 75 Pa. C.S.A. 93310 and applicable law; f. Failing to comply with duties at stop lights in violation of75 Pa. C.S.A. 93112 and applicable law; g. Failing to obey traffic control devices in violation of75 Pa. C.S.A. 93111 and applicable law; h. In failing to apply the brakes to the vehicle he was operating or take other evasive action to avoid a collision with the rear of the vehicle directly behind Plaintiff's vehicle; 1. Driving at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing and at a speed greater than will permit him to have brought his vehicle to a stop within the assured clear distance ahead in violation of 75 Pa. C.S.A. 93361 and applicable law; J. Exceeding the applicable maximum speed limit in violation of 75 Pa. C.S.A. 93362 and applicable law; k. In failing to give warning to Plaintiff Brubaker of his impending collision with the vehicle directly behind Plaintiff's vehicle; 1. In failing to observe Plaintiffs vehicle and other vehicles on the highway; m. In failing to operate his vehicle in accordance with existing traffic conditions and traffic controls; n. In failing to exercise the high degree of care required of a motorist approaching a stop light; o. In failing to drive at a speed and in the manner that would allow Defendant to stop within the assured clear distance ahead; p. In failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; q. In failing to keep his vehicle under proper and adequate control so as not to expose other users to an unreasonable risk of harm; r. Otherwise operating his vehicle at an unsafe speed; s. Rearending the vehicle directly behind Plaintiff s vehicle; 1. In failing to familiarize himself with the roadways and his surroundings; and u. In not paying attention to his surroundings. 12. As a direct and proximate result of the collision and the negligent, careless and reckless conduct of Defendant, Plaintiff Brubaker sustained and in the future may sustain, serious and debilitating injuries, some of which are or may be permanent, an aggravation and/or exacerbation of pre-existing conditions, and which include, but are not limited to, the following: (a) Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the cervical spine; (b) Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the thoracic spine; and (c) Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the lumbar spine. 13. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant, Plaintiff Brubaker has undergone and in the future will undergo physical pain, mental anguish, discomfort, inconvenience, distress, embarrassment and humiliation, past, present and future loss of her ability to enjoy the pleasures of life and limitations in her pursuit of daily activities all to her great loss and detriment. 14. As a direct and proximate result ofthe aforesaid collision, negligence, 335095-1 carelessness and recklessness of Defendant, Plaintiff Brubaker has and/or may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed. 15. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant, Plaintiff Brubaker has and/or may in the future incur a loss of wages, a loss of earning capacity, loss of household services and other economic damages for which damages are claimed. 16. As a direct and proximate result of the aforesaid collision and the negligence, carelessness and recklessness of Defendant, Plaintiff Brubaker sustained incidental costs and losses to include, but not limited to, past and future medication costs and medical appliances. 17. Plaintiff Brubaker was the named insured on a policy of insurance issued to her by GEICO General Insurance Company bearing policy number 2003984180 which was in effect on the date of the above-referenced collision. Plaintiff selected the full tort option regarding that policy. A copy of the Declaration Sheet of said policy is attached hereto and incorporated by reference herein as Exhibit "A". Therefore, Plaintiff Brubaker remains eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. WHEREFORE, Plaintiff Susan Y. Brubaker demands judgment in her favor and against the Defendant Harold M. Fake for the aforesaid damages in an amount exceeding the limits of compulsory arbitration in Cumberland County, Pennsylvania plus interest and/or damages for delay and costs for prosecution. 335095-1 Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: ~~~.. C ark De ere: Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Attorney for Plaintiff Dated: 9; I ,J. - oS- 335095-1 VERIFICATION I, Susan Y. Brubaker, hereby certifY that the following is correct: The facts set forth in the foregoing Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Complaint is that of counsel and not my own. I have read the Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content ofthe Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. Dated: q(4-5 rJ k.x1IUf.) '-1/;'-. ~tLa__{l7Llie~ ISusan Y. Bruba 'r / 335102-1 I . 1.-1 If G'{VtIDI . Government Employees Insurance Company . GEICO General Insurance Company . GEICO Indemnity Company . GEICO Casualty Company One GEICO Blvd. . Fredericksburg, V A 22412d?iTIFICATION OF LIMITS GEICC To Whom It May Concern: This will certify that GEICO General Insurance Company has issued an automobile policy, 2003984180, to: Susan Y Brubaker PO Box 673 Camp HIll P A 17001 that was in effect on the accident date of September 27,2004 providing the following coverage on a 2001 Ford Mustang, Vehicle Identification Number (VIN) lFAFP40401F221201: Bodily Injury Liability $50,000 $100,000 per person! per accident Property Damage Liability $50,000 per accident First Party Benefits Funeral Expenses $100,000 per person $1000 per month per person $5,000/maximum $1500 per person NONE per person N/A per person $50,000 per person! $100,000 per accident $50,000 per person! $100,000 per accident $50 deductible $500 deductible Medical Expenses Income Loss Accidental Death Extraordinary Medical Benefits Uninsured Motorist Bodily Injury Stackable - 1 vehicles Underinsured Motorist Bodily Injury Stackable - 1 vehicles Comprehensive Coverage Collision Coverage Tort Option HI PA (10/03) ~ (:) ~ Q J U( .Ul ~ c; ,..~. "; <f1 c,":-', ~ D Cj"l ~ .-~ \ W ~ ~ 0v --- - - - ~'-- -+-- ( ,) - .1 -:r:- r,) L.'l -----~~,--,~--.~".._.. u,_'__".. _0_ METZGER, WICKERSHAM, P.e. By: Clark DeVere, Esquire Attorney J.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Susan Y. Brubaker SUSAN Y. BRUBAKER, Plaintiff vs. HAROLD M. FAKE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4795 CIVIL TERM CNIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint that was filed in the above-captioned matter on September 14,2005. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Dated: October 11, 2005 334861-1 (C7-~ j _ Clark DeVere, squire Attorney J.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff r-' 0 ~ c..? -\"I c.i'1. 0 C') -\ - .t: - - N 0 .. METZGER, WICKERSHAM, P.C By: Clark DeVere, Esquire Attorney LD. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, P A 1711 0-0300 (717) 238-8187 Attorneys for Plaintiff Susan Y Brubaker SUSAN Y. BRUBAKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-4795 CIVIL TERM CNIL ACTION - LAW HAROLD M. FAKE, Defendant JURY TRIAL DEMANDED PLAINTIFF'S MOTION FOR COORDINATION OF ACTIONS IN DIFFERENT COUNTIES PURSUANT TO PA. R.C.P. 213.1 Plaintiff in the above-captioned action, by and through her undersigned counsel, Metzger, Wickersham, Knauss & Erb, P.C., respectfully moves this Court to enter an Order under Pa.RCP. No. 213.1 to order coordination of actions in different counties and to stay proceedings in the actions until this motion is granted, and in support thereof states: I. On September 14, 2005, Plaintiff Susan Y Brubaker commenced the above- captioned action against Defendant Harold M. Fake by the filing of a Civil Complaint for injuries she sustained in an automobile accident on September 27, 2004. 2. On September 15, 2005, Plaintiff Susan Y Brubaker commenced an action in the Court of Common Pleas of Perry County under Civil Action No. 2005-776 against Defendant Ronald Beers by the filing of a Civil Complaint for injuries she sustained in an automobile accident on October 15, 2004. 339330-1 3. The accidents stated above happened within a month of each other, and Plaintiffs spinal injuries and damages overlap since she was still treating for injuries from the first accident when the second accident happened. 4. Plaintiff has treated with the same doctors who will be called as witnesses in each action. 5. The counties are in close proximity and there would be no inconvenience to the parties or witnesses. 6. Plaintiff has served nearly identical document requests and interrogatories to each Defendant in each respective case. 7. Plaintiff has been served with discovery in the Perry County action and it is anticipated that similar discovery will be served upon her in the Cumberland County action. 8. Both cases will entail much of the same discovery and will raise many of the same legal and factual issues with respect to the actions that led to the alleged losses Plaintiff incurred. 9. GEICO Insurance Company provided insurance coverage to Plaintiff in both accidents. 10. State Farm Insurance Company is the liability carrier insuring both Defendants. II. The adjusters from State Farm have both taken a position that they should get a discount because of the other accident but neither adjuster is willing to make up the difference. 12. Plaintiff believes that combining two actions will get the adjusters to the same table and compel discussions between them on how to prorate the damages. 13. The convenience of the various parties weighs strongly in favor of coordinating this litigation. 339330-1 . .. ,. 14. Coordination will not result in any unreasonable delay or expense to any party, and will in fact prevent such delay and expense. 15. Judicial resources will be utilized more effectively ifboth cases are before the same court. 16. The parties would be disadvantaged by duplicative and inconsistent rulings, orders or judgments. 17. The likelihood of settlement will be enhanced if all responsible parties are brought before the same court. WHEREFORE, Plaintiff Susie Yvonne Brubaker respectfully requests that this Honorable Court enter an Order staying the actions that are the subject of this coordination motion, and subsequently enter an order coordinating both actions in Cumberland County by transferring the Perry County proceedings from the Court of Common Pleas of Perry County and requiring coordinating discovery and pre-trial proceedings. Respectfully submitted, Dated: 11/3/6) METZGER, WICKERSHAM, KNAUSS & ERB, P.C. (' ~-----~ (~ Clark DeVere, Esquire Attorney LD. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Attorney for Plaintiff By: 339330-} '. CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, ofthe law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of Plaintiffs Motion for Coordination with reference to the foregoing action by first class mail, postage prepaid, this ~'rcl day of November, 2005 on the following: Ronald S. Beers, Defendant c/o Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road, Suite 300 Lemoyne, P A 17043 Harold M. Fake, Defendant c/o Brigid Q. Alford, Esquire Boswell, Tintner, Piccola & Alford 315 North Front Street P. O. Box 741 Harrisburg, PA 17108-0741 METZGER, WICKERSHAM, KNAUSS & ERB, P.e. ~~' Clark De ere, Esquire 339330-1 0 ....., 0 . . c::.: c:;:," -n L') -,~ :d ....,_. hl ",- -:} c.....) -:..' C? (..j 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 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Defendant Harold M. Fake SUSAN Y. BRUBAKER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : No. 05- 4795 CIVIL TERM HAROLD M. FAKE, Defendant : JURY TRIAL DEMANDED : CIVIL ACTION - LAW NOTICE TO PLEAD TO: Susan Y. Brubaker C/O Clark DeVere, Esquire METZGER, WICKERSHAM, KNAUSS & ERB, P.C. 3211 North Front Street, P.O. Box 5300 Harrisburg, PA 17110-0300 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: Br~fi:a,~ Date: 1,II'tJo.; / . Brigid Q. Alford, Esquire Supreme Court 1.0. #38590 BOSWELL. TINTNER. PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) bri9idalford@att.net (Email) Attorneys for Defendant Harold M. Fake SUSAN Y. BRUBAKER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : No. 05- 4795 CIVIL TERM HAROLD M. FAKE, Defendant : JURY TRIAL DEMANDED : CIVIL ACTION - LAW DEFENDANT'S ANSWER TO COMPLAINT WITH NEW MATTER Defendant Harold M. Fake, by his attorneys, Brigid Q. Alford, Esquire and Boswell, Tintner, Piccola & Alford, answers Plaintiff's Complaint, as follows: 1. Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter averred in Paragraph 1; the same are therefore denied and proof thereof demanded. 2. Admitted. 3. Admitted. 4. Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter averred in Paragraph 2; the same are therefore denied and proof thereof demanded. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Denied that Defendant Fake failed to stop his vehicle in time, as that averment implies intent and/or negligence on the part of Defendant Fake; to the contrary, due to a sudden and unanticipated emergency involving the mechanical failure of his vehicle's brakes. Admitted that, as a result of the brake failure, the front of Defendant Fake's vehicle came into light contact with the rear of Mr. Kirk's vehicle. Denied that Mr. Kirk's vehicle was thereafter pushed into or had any contact with the vehicle operated by the Plaintiff. 10. Paragraph 10 sets forth a conclusion of law to which no response is required. 11. The averments as to negligence, causation, carelessness, recklessness and violations of statute set forth conclusions of law to which no responses are required. As to the factual averments, Defendant denies the same. 12. The averments as to negligence, causation, carelessness, and recklessness set forth conclusions of law to which no responses are required. As to the remaining factual averments of injury and/or damage, Defendant in without knowledge or information -2- sufficient to form a belief as to the truth of the matters set forth therein; the same are therefore denied and proof thereof demanded. 13. The averments as to negligence, causation, carelessness, and recklessness set forth conclusions of law to which no responses are required. As to the remaining factual averments of injury and/or damage, Defendant in without knowledge or information sufficient to form a belief as to the truth of the matters set forth therein; the same are therefore denied and proof thereof demanded. 14. The averments as to negligence, causation, carelessness, and recklessness set forth conclusions of law to which no responses are required. As to the remaining factual averments of injury and/or damage, Defendant in without knowledge or information sufficient to form a belief as to the truth of the matters set forth therein; the same are therefore denied and proof thereof demanded. 15. The averments as to negligence, causation, carelessness, and recklessness set forth conclusions of law to which no responses are required. As to the remaining factual averments of injury and/or damage, Defendant in without knowledge or information sufficient to form a belief as to the truth of the matters set forth therein; the same are therefore denied and proof thereof demanded. 16. The averments as to negligence, causation, carelessness, and recklessness set forth conclusions of law to which no responses are required. As to the remaining factual averments of injury and/or damage, Defendant in without knowledge or information -3- sufficient to form a belief as to the truth of the matters set forth therein; the same are therefore denied and proof thereof demanded. 17. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Sentences 1 and 2 of Plaintiff's Paragraph 17; the same are therefore denied and proof thereof demanded. As to the Exhibit mentioned in Sentence 3, said exhibit is a document that speaks for itself. As to Sentence 4, that sets forth a conclusion of law to which no response is required. WHEREFORE, Defendant demands judgment in his favor and against the Plaintiff. NEW MATTER 18. Plaintiff's Complaint fails to state a claim upon which relief can be granted. 19. Plaintiffs injuries and/or damages, if any, were caused by conditions and/or events other than the accident at issue. 20. Plaintiff's injuries and/or damages, if any, pre-existed the accident at issue. 21. Plaintiff's injuries and/or damages, if any, were caused by the acts and/or omissions of persons other than Defendant, persons over whom Defendant exercised no control and for whose conduct Defendant has no legal responsibility. 22. The doctrine of contributory negligence and Pennsylvania's comparative negligence statute may serve to bar all or part of Plaintiff's claims and her right to recover damages in this case. -4- 23. Plaintiff's right to recover damages in this case may be barred and/or limited by the provisions of Pennsylvania's Motor Vehicle Financial Responsibility Law, including but not limited to her tort option selection thereunder. 24. The collateral source rule may serve to bar all or part of Plaintiff's right to recover damages in this case. 25. Plaintiff's claims may be barred, in whole or in part, by any applicable release, waiver, payment, duress, fraud, illegality, or accord and satisfaction. WHEREFORE, Defendant demands judgment in his favor and against the Plaintiff. Respectfully submitted, By: Brigid . Alford, E uire Supreme Court I. . #38590 BOSWEll, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 Attorneys for Defendant Harold M. Fake Date: "(N/O{'" VERIFICATION I, Harold M. Fake, hereby verify that the facts contained in the foregoing Defendant Fake's Answer to Plaintiff's Complaint with New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. 94904 relating to unsworn falsification to authorities. ~iill-1~ Date: ll04.0" CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Defendant's 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: Clark DeVere, Esquire METZGER, WICKERSHAM, KNAUSS & ERB, P.C. 3211 Nortll Front Street Post Office Box 5300 Harrisburg, PA 17110-0300 By: ~-<-~ Brigid . Alford; Es ire Date: 1l/11~.; C) c ~,.\'.~ C> " ---' :T i-i "-_J <.:1 ~) ; . " . Brigid a. Alford, Esquire Supreme Court 1.0. #38590 BOSWEll. TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg. Pennsylvania 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) bri9idalford@att.net (Email) Attorneys for Defendant Harold M. Fake SUSAN Y. BRUBAKER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : No. 05- 4795 CIVIL TERM HAROLD M. FAKE, Defendant : JURY TRIAL DEMANDED : CIVIL ACTION - LAW NOTICE TO PLEAD TO: Susan Y. Brubaker C/O Clark DeVere, Esquire METZGER, WICKERSHAM, KNAUSS & ERB, P.C. 3211 North Front Street, P.O. Box 5300 Harrisburg, PA 17110-0300 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: ~;z.~ Brigid Q. Iford, Esquir Date: II /p !o?, f Brigid Q. Alford, Esquire Supreme Court 1.0. #38590 BOSWELL. TINTNER. PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg. Pennsylvania 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Defendant Harold M. Fake SUSAN Y. BRUBAKER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : No. 05- 4795 CIVIL TERM HAROLD M. FAKE, Defendant : JURY TRIAL DEMANDED : CIVIL ACTION - LAW DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION FOR COORDINATION OF ACTIONS IN DIFFERENT COUNTIES PURSUANT TO Pa.R.C.P. 213.1 Defendant Harold M. Fake, by his attorneys, Brigid Q. Alford, Esquire and Boswell, Tintner, Piccola & Alford, answers Plaintiff's motion, as follows: 1. Admitted that Plaintiff filed said complaint, which speaks for itself. 2. Admitted that Plaintiff filed said complaint, which speaks for itself. 3. Admitted that the accidents happened within a month of each other. Denied that Plaintiff sustained any "spinal injuries and damages" as a result of the accident of September 27. 2004. Defendant is without knowledge or information that Plaintiff "was still , treating for injuries from the first accident when the second accident happened;" the same are therefore denied and proof thereof demanded. 4. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 4; the same are therefore denied and proof thereof demanded. 5. Admitted that Cumberland and Perry Counties border each other. Denied that there would be no inconvenience to parties or witnesses; to the contrary, Defendant is unaware that any party or witness connected in any way to the September 27, 2004 accident resides, works, or has any affiliation with Perry County. 6. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 6; the same are therefore denied and proof thereof demanded. 7. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments as to the status of pretrial discovery in "the Perry County action;" the same are therefore denied and proof thereof demanded Defendant has served initial pretrial discovery requests upon Plaintiff in the Cumberland County action. 8. Denied that the legal and factual issues are or will be the same. Defendant further denies the implication, in Paragraph 8, that the applicable standard for granting the pending motion is that the cases might entail "much" of the same discovery and/or that they might raise "many" of the same legal and factual issues. To the contrary, coordination is -2- appropriate only where the two cases involve common questions of law or fact, and/or arise from the same transaction or occurrence. Neither condition is present here. 9. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 9; the same are therefore denied and proof thereof demanded. By way of further answer, Defendant denies the implication, in Paragraph 9, that the identity of Plaintiff's insurer is relevant or controlling to the disposition of the pending motion. 10. Admitted that Defendant Fake carried motor vehicle insurance coverage through State Farm; Defendant denies the implication, in Paragraph 10, that the identity of his insurer, or of the Perry County defendant's insurer, is relevant or controlling to the disposition of the pending motion. 11. Denied. By way of further answer, Plaintiff did not sustain any recoverable damages as a result of the September, 2004 motor vehicle accident. 12. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 12; the same are therefore denied and proof thereof demanded. By way of further answer, Defendant denies the implication, in Paragraph 12, that there exist damages to be prorated. 13. Denied. 14. Denied. 15. Denied. 16. Denied. -3- 17. Denied. WHEREFORE, Defendant Fake respectfully requests the Plaintiff's motion be denied. NEW MATTER 18. Plaintiff fails to state a claim upon which her motion can be granted. 19. The September 2004 motor vehicle accident and the October 2004 motor vehicle accident do not involve a common question of law or fact. 20. Defendant incorporates herein by reference his Answer with New Matter to the Complaint that Plaintiff filed in the action at bar. A true and correct copy of the Complaint and Defendant's Answer are attached hereto, made part hereof, and identified as Exhibits A and S, respectively. 21. The September 2004 motor vehicle accident involves questions of law and fact that include, but are not limited to: Whether there was any contact between the front of Mr. Kirk's vehicle and the rear of Plaintiff's vehicle; what, if any, injuries and/or damages Plaintiff sustained as a result of the incidental or non-existent impact; whether the accident resulted from any actionable or legal negligence on the part of Defendant Fake; whether the sudden and unanticipated mechanical failure of the braking mechanism on Defendant's vehicle was the sole cause of Defendant's inability to avoid impact with the rear of Mr. Kirk's vehicle; and whether application of the sudden emergency doctrine absolves Defendant Fake from liability in the case at bar. -4- 22. The cause of action that the Plaintiff purports to state in the action at bar, and the cause of action that Plaintiff purports to state in the pending Perry County action, do not arise from the same transaction or occurrence. 23. Plaintiff has not established facts sufficient to justify a coordination of the two actions under Rule 213.1. 24. Plaintiff's motion fails to comply with Cumberland County Rule of Court 208.2(d). 25. Plaintiff never sought concurrence in the motion at issue from Defendant Fake. 26. Defendant does not concur in the pending motion. WHEREFORE, Defendant Fake respectfully requests that Plaintiff's motion be denied. Respectfully submitted, By: Brigid Q. ford, squir Supreme Court I.D. #3 90 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 Attorneys for Defendant Harold M. Fake Date: 1((/1/8~ METZGER., WICKERSHAM, P.C. By: Clarlc DeVere, Esquire Attorney LD. No. 68768 3211 North Front Slreet P.O. Box 5300 HlllTisburg, P A 17110-0300 . (717) 238-8187 SUSAN Y. BRUBAKER., Plaintiff Attornc:ys (or Plaintiff Susan Y. Brubaker " w. /IN TIm COURT OF . OMMON PLEAS OF ( CUMBERLANI>.. UNTY, PENNSYLVANIA . ~o.s;:::;>:CiiliTERM: ,. .,.,... ,,- ....,.... / CIVICACTION -LA VI . . 1&\ ~ JURYTRIALDEMANDlID (jt) / ~ ,....,..,... HAROLD M. FAKE, Defcmdant TO: Defendant YOU HAVE BEEN SUED IN COURT. If you wish to defcmd.agaiDst the claims set forth in the following pages, you must 1ake aclion within Twady (20) days after tbilI Complaint and Notice In scrwcl, by enteriDa a writtl:nappearancc penclIIlI11y or by a1t.omey and filing in writing with the Court your defenses or objectiOrlB to the claims set forth against you. You arc warned that if you &il to do 10 the case may ~ without you an.d ajud8lllCllt may be entered against you by the Court without fi.1dhcr notice for my money claimed in the Complaint or for any other claim or relief reqUll!lted by the pl.mnfl'<<, Y 011 may lose money or property or other: rights impor!mt tD 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 OFFlCE CAN PROVIDE youwrm INFORMATION ABOUT HIRlNG A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU wrm INFORMATION ABOUT AGENClES 'IHAT MAY OPFER LEGAL SERVICES TO ELlGmLl3PERSONS AT A REDUCED FEE OR NO FEE. Ctunbc:rhmd County Bar Associa1ion 32 South Bedford Street Carlisle, P A 17013 (800) 9*9108 nSOPs-1 ;..,..-:!,;,:....~........~.-j,...'" . DEflENDANT'S I~ .., 0,"",",. ~,___' AVISO USTBD HA SlOO DEMANDADO EN LA CORTE. Si usrcd dcsca defendeme de \as ,quejas expueslal en Ias P'g;..u siguieates, debe tamar acci6n deDtm dll veiDte (20) mas a partir dll \a f.echa en que rec:t'biO Ja demaDda y e1 aviso. USlrJd dlitle ~ co~ csrita en persona 0 po abogado y preseotar en la Corte por escrlro SU8 detimsa& 0 S\IS objeciones a las dllmandas en au contra. Se Ie avia que si DO sc dcfie:odc, cl CISO pucci.. ptoccder sin ustcd Y \a Corle puede decidir en su CODlr1I sin mas avioo 0 DDtificaci6n por cua1quic:r dinco fl"'l~m"'l'" e.n la demllDda 0 ,par cua1quier 4inc:ro rcc\amado enla d.....alllja 0 po cualquilll' on qqc;ja 0 compc:nsaci6n tec:l~w""'l. por e1 Dem_d...",. USTED PUEDE PERDBR DlNERO. 0 PROPlEDADES U . omos D~PCHOS lMP.ORT.ANTESPAllA US'IE:>. .. "'.' ..... .' iiEvE ESTA DEMANDA A UN AB6GAoo iMMEDIATAMENiE, SI USTED NO TIENE 0 NO CONOCE UN ABODAGO, VAYA 0 lLAMB A LA OFICJNA EN LA DIRECCION ESCRITA ABAIO PARA AVERIGUAR DONnE PtJEDE OBTENER ASISTENCIA LBGAL. \\. . Cumberland County Bar Association 32 South Bedford Slrllet Carlitle.l'A 17013 (800) 990-91 08 JJSII9j.J METZGER, WICKERSHAM. P.C. By: Clark DeVere, Eaquin: Attorney m. No. 68768 3211 North Front Street , P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 SUSAN Y. BRUBAKER.. Plaintiff Attorneys for Plaintiff Susan Y. Brubaker IN THE COURT OF COMMON PLEAS OF CllMBBR.LAND COUNTY, PENNSYLVANIA .. .:.. .,'.1 .I't~...l .' . ;., . .~. .', .. .'.... 1,_' ... .,:, '.:, VB. NO. 05- CJV1L TERM CIV1L ACllON - LAW HAROLD M. FAKE, Dcfcmdant JURY TRIAL DEMANDED COMPLAINT AND ,NOW, comes the P1ainti1t SUSlllI Y. BIubaker, by and tbrougb. her attorneys, .....".- Metzger, Wickersham, Knauss & Em, and respect1Ully~o:nts the fonowing: 1. plaintiff Susan Y. Brnbakeris lI!I aduJtindividual who, at the time of the incident herein, teSidcd 81179 P;aadisc Pm. New Bl00mtie1d,Pcrry County, Pemsylvania. 2. Defendant Harold M Fake is an adnltindividua1 residing at 119 Oak Drive, Camp Hill, Cumbcrland County, PCD!ISYIVllllia, 17011. 3. The &eta &Dd c:ircuInstances hereinafter set forth occurred on September 27, 2004, at or about 4:29 P.M. at the 1800 block of Carlisle Road, Camp HiJl, Cuxnb<<1and County, Pennaylvania. 4. At tbe aforesaid time and place, Plaintiff Brubaker was the owner and operator of a 2001 Ford Mustang bearing Pamsylvania Regjstration P1ate No. FR.M8173. S. At the aforesaid time and place, Defent4.nt Fake was the owner aJld JJJII!JJ.J operator of a 1990 Ford FlSO bearing P=ylvania R.egisttation Plato No. YBD0607. 6. At the aforeaaid time and place, the vehicle operated by PlaintiffBrobaker was stopped at a red light at the 1800 block of Carlisle Road, Camp Hill, Cumberland County, Pennsylvania. 7. At the aforesaid time and place, a 1993 Dodge 1)akota opcnll:ed by Clifford Kirk was also stopped at the red 1ight at the 1800 block of Carlisle:: Road. Camp Hill, Cumberland County, PCIlI1S)'1vania diIIlct1y behiDd PIaintilfSUSllll Yvonne Brubaker.,. Carlisle:: Road, Camp HiI1, Cumberland County, Pennsylvaoia approaching 1I1e red light at the 1800 bloc:k of Carlisle Road behind 1I1e:: vehicle ~.dW by Clifford Xhlc. 9. Ai. the aforesaid time and place, Defendant Fake failed'to &top his vehicle in time and struck the rear of the vehicle being operated by Clifford Kirk pushing it into the "elricle being operated by PlaintiffBrobakcr. 10. Defendant owed a duty to PIaintiffBrobakcr and other lawful users of the roadways iu the CommClJlWCl81th ofPennsylvacia to operalll the vehicle he was driving in such a way 110 as not to CiIlISC hamt or damage to said other pcnoos and to the P1aintiff in particuJ.ar. 11. The a1Qresaid col1isioo was the direct and pwximate R8U1t of the ne::aIill= of Defendant Fake, in operating the 1990 Ford F150 in a careless, recIdas and DCg!igCl1i manner as folloWB: a. Failing to aIow or stop the vebicle he was operrtting so as to avoid a rear-end coI1ision; b. In operating the vehicle at an excessive rate of speed under the circumstances: Jnrmj../ ......,.. ;.... ..... , JJJDn-J c. OpCIrlI1ins bis vehicle in camess disnl81Url fOr the safety of penons and/or property in violation of7S Pa. C.S.A. ~3714 and applicable \aW; cI. Opc:raling his vehicle in reckless clisregIrd for the safety of persOll$ lIlldlor property in violation of7S PI. C.s.A. ~3736 and applicable law; e. Following too closely in violaliOl1 of75 Pa. C.S.A. ~33l0 and applicable law; i. Failing to comply with dimes at stop lights ,in viohltion of 75 Pa. C.S.A. ~3112 and applicable law; , , g. Failing to 00ej traffic control devices in violation of 7S Pa. C.S.A. ~3111 and applicable law; ',.' " .. .. ,..... 'h.'.in i8i'tingb; 8pply the bl'llkcs to the ~cle h~ '~B8~g or.take ~tb;;;. .. ClVlIlIive action to avoid a collilion with tile rear of the vehicle clircctly behind P1aintIff'B vebic1e; i. Driving at a speed ~ than i1 :r-........nle and prudent lDldcr the conditions and having regard for the actual and poteatial haianis them existing and 81 a specd gie81et than will permit him to have brought &is vehicle to a stop witbin the assured clear distance ahead in viOlatiOl1 of 7S Pa C.S.A. ~3361 and applicable law; j. Exceeding the applicable muimum spced'1imit in violation of 75 Pa. C.S.A. ~3362 and applicable law; k. In failing to give warning to Plaintiff Bl1lbaker of his impending collision with the vebicle directly behind Plaintifi's vehicle; I. In failing to obscrve plaintiff's vehicle and other vehicles OIl. the highway; m. In fili1U1g to operate his vehicle in aec:ordance with existing tlaffic conditions aIId tmfIic controlr, n. In fai1in8 to exercise the high degree of CaR required of a motorist apJmIachiDs a stop lisht; o. In faiIing to drive at a speed and in the Jl1lIlIIICf that would allow De:fendant to slop within the lllI8UrCd clear di-"'" ahead; p. In failing to keep alert and ".,~lnfAl.,. a proper lookout Cor the pl'C!lCDCe of other motor vehicles on the strc:cts and highways; ~ q. In failing to keep his vehicle undlll' proper and adequste control so as not to expose otbot' useD to an unreasonable risk ofhum; f. Otherwise operating biB vehicle at an unsafe SPeedi s. R.ean:odins the vehicle directly behind PJaiDtifi's vehicle; t In failing to f..",;limize bimseif with the roadways and his swroWldingsi and u. In not payiog ~tW> to bi$ SlImlUIIdiDss. ........ 12. As a'llirect aDd praxinWe result of the Col1ision and the negligent, =Icss and ICCklesB conduct of DefClldaDt, PIaiDtiff Brubalcer sostained and in the tI1nlrs may sustain, ~" serious and debilitating injuries, SOIIlC of which are or may be pemw1ent, an aggravatiOIl and/or exacedlation of pre-exiating conditiOllS, and which include, but are DDt.limited to, the following: (s) Severe strain aud sprain of the mus.el.e$, tendons, ligaments and other soft ti_ at or about the cervical spine; (b} Severe IIl:rain and sprain of the "11l",,~, fendon<, lisamcots and other softtissuc:s at or shollt the thoracic ~; and (c) Severe strain and sprain of the muscles, tendons, ligaments and otbJ!Ir soft tisslus at or about the lumbar spine. 13. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of DcfcIldant, P1aimifi' Brubakllr lw tmde:rgclltl and in the 1Utu:re will undergo physical pain, mc:ota\ mpisb. discomfort, inconvenience, distress, emba:rrassment and I11.1miJiation, past,' present aDd fI1l1l11l loss . of h=- ability to eqjoy the plCll5llreS of Ufe and limitations in her pursuit of daily activities all to her great loss and detriment 14. As a direct and proximate result of the aforesaid collision, negligence. >>_S-I " <", carelessness and recldeuness ofDeftmdant, plainti!f Brubaker has and/or DIllY in the future incur cxpcnseB for medical trealment and rehabi1ital:ion for which damages are claimed. 15. As a diIect and proximate result of the aforesaid collision, negligence, carelessnesB and n:cIdCSImS& of Defendant, PlaintitrBrubakerbas and/or may in the future incur a loss of w,,!e8, a loss of eaming capacity, loss of housdlold services and other e<:onomic damaacs for which damages lII'C claimed. 16. As a diIe<:t and proximate result of the aforesaid collision and the negligcn<:c,. J~ ~; earclessneBB and recklessness of Defendant, PIainli.ff Btubaker sustained incidental costs and losses to include, but DOt limited In. past and futll1'e medication c:osts and medical appliances. 17. PlaintiffBrubabl' was 1be II8mlld insmed on a polic:y of insuranee illSl1ed to bee by GEICO General Tnsuranee Company bearing policy number 2003984180 which was in etreet on the date of the abov&-me:rmecd eoDision. Plaintiff' Be!ectcd 1be full tort option regarding that policy. A copy of the Declaration Sheet of said policy is atllId1ed hereto and incoI)lorat.cd by reference herein as Exlu'bit "Aft. 'I'herefbxe, 'plaintiff Brubel= remains eligible to claim compensation for non economic loss and economic loss ",mom"'" in this collision pUmlant to applicable torllaw. WHEREFORE, PlaintiffSu$an Y. Bmbaker dClDlinds judgment in hee favor and against the Defendant Harold M. Fake for the aforesaid dama&es in an amount exceeding the limits of compulsol'y arbitration in Cumberland County, PCIlIISylvania plus interest lIDd/or damages for delay and cos1l! for prosecution. JJS09S-1 ..' , " ~'. . ..... ;.' ." ....'.. 081cd: 9-/~.oS' I>>/I!JS-J ..' ~'- ..'... \ '';,. - " '.. .j." ' .~', " ~\, .::", li.', '. '.';'~ '..,,!:, 1..-'.. "', ',: R.elipO""fulJy submitted, METZGER, WICKERSHAM, KNAUSS & ERB. P.C. By: ~De~.~ A1Wmcy LD. No. 68768 3211 North Front Street P.O. Box S300 Hatrisbur& P A 17110-0300 (717) 238-8187 AttQrncy for P!ain1iff. '," . .., , ~ .. ,,; .. .:. ;: . ~ ." ..:". , '. " ",' .~. ..' . - .. '," '~''':'''. "'~""., . ,:'. ~I. ...:~:';~~ ~':;...\~~I,,:.\\;'r~~:'~': ':. " ,';\ :',." :.,:~':.:".",,' . .,i'...., lO" ....;' ': ,.....\.... .....~~....... VERIFICATION I, Susan Y. Bmbaker, hereby certify that 1hIl fullowing is correct: The facIB set forth in the foregoing Complaint 3fC based upon infonnation which I have fulnished to C01.IIIIICI, as well as upon iufurmatioI1 which has been gatbcrcd by collllSCl and/or others actinll on my bebaIf in this matter. The JIlTIll''''ll'' of the Complaint is that of counsel and not my own. I have read the Complaint, and to the eortent that it is based upon in1i:mnIiion which I have " I,' . . ~ . giVCl3 to coUIlSC!, it,iB1rueand correct to the best of my knowlcdgc, inf-lion, and belief. To the extent that the COIlttlIIl of the CamplaiDt is that of co11llSCl, I have relied upon such counscI in malri"g this Verilica1i.on. I hacby acknowledge that the facts set forth in 1hIl afuresaid Complaint are made subject to the pmalties of 18 Pa. C.S.A. ~904 relating to unsw,om tlI1sitication to authorities. Daied: qfi~6 ,JUtU I . jt. ""!;',a.{nt../tv../ 'Susan Y. Brub I JJ1J{l2-1 '." ..... . Government Employees Insurance Company . GEICO General Insurance Company . GEICO Indemnity Company . GEICO Casualty Company One GEICO Blvd. . Fredericksburg, V A 22412d!iPI'IFICATION OF LIMITS GEICO To Whom It May Concern: This will certify that GEICO General Insurance Company has issued an automobile policy, 2003984180, to: Susan Y Brubaker PO Box 673 Camp HTI1 PA 1700 I that was in effect on the accident date of September 27, 2004 providing the following coverage on a 2001 Ford Mustang, Vehicle Identification Nl1rnber (VIN) IF AFP4040 IF22120 I; . Bodily Injury Liability $50,000 $100,000 per person! per accident Property Damage Liability $50,000 per accident Fir~t Party Benefits Medical Expenses $100,000 per person $1000 per month per person $5,000/rnaxirnum $1500 per person NONE per person N/A per person $50,000 per person! $100,000 per accident $50,000 per person! $100,000 per accident $50 deductible $500 deductible Income Loss Funeral Expenses Accidental Death Extraordinary Medical Benefits Uninsured Motorist Bodily Injury Stackable - I vehicles Underinsured Motorist Bodily Injury Stackable - I vehicles Comprehensive Coverage Collision Coverage Tort Option HI PA (10/03) Brigid Q, Alford, Esquire Supreme Court 1.0, #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Defendant Harold M. Fake Q "'0 c...-, 0 , ,--::> .." c..,~ ~!; ::;:! C-~, nl "T> ,-- -,-, '-.:-; -. - ; ~-~) -, -:J 2J '. , "c.-.... , , i'~J , ("",'''1 ',", - '--' :< SUSAN Y. BRUBAKER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : No. 05- 4795 CIVIL TERM HAROLD M. FAKE, Defendant : JURY TRIAL DEMANDED : CIVIL ACTION - LAW NOTICE TO PLEAD TO: Susan Y. Brubaker CIO Clark DeVere, Esquire METZGER, WICKERSHAM, KNAUSS& ERB, P.C. 3211 North Front Street, P.O. Box 5300 Harrisburg, PA 1711 0-0300 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 Date: {'!i'f}o.; I By: Br~fi?a~ DEFENDANT'S I~ Brigid a, Alford, Esquire Supreme Court 1.0. #38590 BOSWEll, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 (717) 238-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Defendant Harold M. Fake SUSAN Y. BRUBAKER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : No. 05- 4795 CIVIL TERM HAROLD M. FAKE, Defendant : JURY TRIAL DEMANDED : CIVIL ACTION . LAW DEFENDANT'S ANSWER TO COMPLAINT WITH NEW MATTER Defendant Harold M, Fake, by his attorneys, Brigid Q, Alford, Esquire and Boswell, Tintner, Piccola & Alford, answers Plaintiff's Complaint, as follows: 1. Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter averred in Paragraph 1; the same are therefore denied and proof thereof demanded. 2, Admitted. 3. Admitted. 4, Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter averred in Paragraph 2; the same are therefore denied and proof thereof demanded, 5, Admitted. 6. Admitted, 7. Admitted, 8, Admitted. 9, Denied that Defendant Fake failed to stop his vehicle in time, as that averment implies intent and/or negligence on the part of Defendant Fake; to the contrary, due to a sudden and unanticipated emergency involving the mechanical failure of his vehicle's brakes, Admitted that, as a result of the brake failure, the front of Defendant Fake's vehicle came into light contact with the rear of Mr. Kirk's vehicle. Denied that Mr. Kirk's vehicle was thereafter pushed into or had any contact with the vehicle operated by the Plaintiff. 10. Paragraph 10 sets forth a conclusion of law to which no response is required, 11. The averments as to negligence, causation, carelessness, recklessness and violations of statute set forth conclusions of law to which no responses are required, As to the factual averments, Defendant denies the same, 12, The averments as to negligence, causation, carelessness, and recklessness set forth conclusions of law to which no responses are required. As to the remaining factual averments of injury and/or damage, Defendant in without knowledge or information -2- I sufficient to form a belief as to the truth of the matters set forth therein; the same are therefore denied and proof thereof demanded, 13, The averments as to negligence, causation, carelessness, and recklessness set forth conclusions of law to which no responses are required, As to the remaining factual averments of injury and/or damage, Defendant in without knowledge or information sufficient to form a belief as to the truth of the matters set forth therein; the same are therefore denied and proof thereof demanded. 14, The averments as to negligence, causation, carelessness, and recklessness set forth conclusions of law to which no responses are required, As to the remaining factual averments of injury and/or damage, Defendant in without knowledge or information sufficient to form a belief as to the truth of the matters set forth therein; the same are therefore denied and proof thereof demanded, 15, The averments as to negligence, causation, carelessness, and recklessness set forth conclusions of law to which no responses are required. As to the remaining factual averments of injury and/or damage, Defendant in without knowledge or information sufficient to form a belief as to the truth of the matters set forth therein; the same are therefore denied and proof thereof demanded, 16, The averments as to negligence, causation, carelessness, and recklessness set forth conclusions of law to which no responses are required. As to the remaining factual averments of injury and/or damage, Defendant in without knowledge or information -3- sufficient to form a belief as to the truth of the matters set forth therein; the same are therefore denied and proof thereof demanded, 17, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Sentences 1 and 2 of Plaintiffs Paragraph 17; the same are therefore denied and proof thereof demanded, As to the Exhibit mentioned in Sentence 3, said exhibit is a document that speaks for itself. As to Sentence 4, that sets forth a conclusion of law to which no response is required, WHEREFORE, Defendant demands judgment in his favor and against the Plaintiff. NEW MATTER 18. Plaintiff's Complaint fails to state a claim upon which relief can be granted, 19, Plaintiff's injuries and/or damages, if any, were caused by conditions and/or events other than the accident at issue, 20, Plaintiff's injuries and/or damages, if any, pre-existed the accident at issue, 21. Plaintiff's injuries and/or damages, if any, were caused by the acts and/or omissions of persons other than Defendant, persons over whom Defendant exercised no control and for whose conduct Defendant has no legal responsibility. 22. The doctrine of contributory negligence and Pennsylvania's comparative negligence statute may serve to bar all or part of Plaintiffs claims and her right to recover damages in this case. -4- , 23, Plaintiff's right to recover damages in this case may be barred and/or limited by the provisions of Pennsylvania's Motor Vehicle Financial Responsibility Law, including but not limited to her tort option selection thereunder. 24, The collateral source rule may serve to bar all or part of Plaintiff's right to recover damages in this case, 25. Plaintiff's claims may be barred, in whole or in part, by any applicable release, waiver, payment, duress, fraud, illegality, or accord and satisfaction, WHEREFORE, Defendant demands judgment in his favor and against the Plaintiff. Respectfully submitted, By: B~~'~ Supreme Court I.D. #38590 BOSWEll, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 Attorneys for Defendant Harold M, Fake Date: II(I'II??' < " VERIFICATION I, Harold M. Fake, hereby verify that the facts contained in the foregoing Defendant Fake's Answer to Plaintiff's Complaint with New Matter are true and correct to the best of my knowledge, information and belief, I understand that false statements herein are subject to the penalties of 18 Pa.C,S.A. 94904 relating to unsworn falsification to authorities, ~c1di!!~ Harold M, Fake I Date: t+101 -I " CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Defendant's 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: Clark DeVere, Esquire METZGER, WICKERSHAM, KNAUSS & ERB, P,C, 3211 North Front Street Post Office Box 5300 Harrisburg, PA 17110-0300 By: ~-<.~ Brigid . Alford: Es ire Date: 1I!,'1?< ,.' -. CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Defendant's Answer to Plaintiff's Motion for Coordination of Actions in Different Counties Pursuant to Pa.R.C.P, 213,1 by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Clark DeVere, Esquire METZGER, WICKERSHAM, KNAUSS & ERB, P.C, 3211 North Front Street Post Office Box 5300 Harrisburg, PA 17110-0300 By: B~rhs~- .u Date: 1(11{p< ('" ~':> () -n ",-:J ""T:! , .... SUSAN Y. BRUBAKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW HAROLD M. FAKE, Defendant NO. 05-4795 CIVIL TERM ORDER OF COURT AND NOW, this 21st day of November, 2005, upon consideration of Plaintiffs Motion for Coordination of Actions in Different Counties Pursuant To Pa. R.C.P. 213.1, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Clark DeVere, Esq. 3211 North Front Street P.O. Box 5300 Harrisburg, P A 17110-0300 Attorney for Plaintiff /f/).Je OS. 11 . J! v C:o-r.d ~:u:...L JIs- Brigid Q. Alford, Esq. 315 North Front Street P,O, Box 741 Harrisburg, PA 17108-0741 Attorney for Defendant :rc ~! 1 :8 11,J ,? ,,,'v " ~~u QZ I''', :;\.) METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D, No, 68768 3211 North Front Street P,O, Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Susan y, Brubaker SUSAN Y. BRUBAKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO. 05-4795 CIVIL TERM CIVIL ACTION - LA W HAROLD M, FAKE, Defendant JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER RAISED BY DEFENDANT IN RESPONSE TO PLAINTIFF'S MOTION FOR COORDINATION OF ACTIONS IN DIFFERENT COUNTIES PURSUANT TO Pa. R.C.P. 213.1 AND NOW, comes the Plaintiff, Susan Y. Brubaker, by and through her attorneys, Metzger, Wickersham, Knauss & Erb, and respectfully replies as follows: 34/594-1 ., 18. Conclusions of law for the assigned Judge to decide. To the contrary, Plaintiffs Motion is meritorious and consistent with the Pennsylvania Rules of Civil Procedure and applicable case law, 19. Denied, The two (2) motor vehicle accidents were within a month of each other and Plaintiffs spinal injuries and damages overlaps since she was still treating for injuries from the first accident when the second accident happened. As noted in Plaintiffs Motion, the same doctors will be called as witnesses in each action, 20. The attached documents speak for themselves. Plaintiff also incorporates her Reply to Defendant's New Matter filed in this action. 21. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments and therefore they are denied. By way of further reply, this was a three car rear end collision started by Defendant Mr. Fake, 22, It is admitted that these actions involve different accidents, It is denied that they do not involve common questions of fact and law since the injuries and damages overlap. The liability insurer for the Defendants in both cases is State Farm and the adjusters have both taken the position that the other accident is largely responsible for Plaintiffs injuries. 23. Conclusions oflaw which have to be decided by the assigned Judge. On the contrary, Plaintiff has raised sufficient facts to coordinate the two actions under Rule 213.1. If Court deems it appropriate, Plaintiff can take depositions of the two (2) liability adjusters and secure their claim notes on the positions they have taken in this case, 341594-1 24, Based on Plaintiffs counsel's research, concurrence from counsel is not required on a motion for coordination as long as notice is given to all other parties in accordance with Pa,R.C.P, No. 213,1 25, Admitted, but concurrence is not required pursuant to Pa. R,C.P. No. 213.1 because the Rules of Civil Procedure states that a party may file said motion with notice to all other parties. Nonetheless, Defendant does not concur with the pending motion any way. 26. Admitted that the Defendant does not concur with the pending motion, WHEREFORE, Plaintiff Susan Y. Brubaker respectfully requests that her Motion for Coordination of Actions be granted as requested in the Motion filed in this action. METZGER, WICKERSHAM, KNAUSS & ERB, P,C. By: ( C~=.> Clark DeVere, Esquire Attorney I.D. No. 68768 P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Dated: November ;;1.,;1.,2005 Attorney for Plaintiff 34/594-1 VERIFICATION The undersigned hereby certifies that he is the attorney for Plaintiff, Susan Y. Brubaker, individually, and that the facts in the foregoing Plaintiffs Reply to New Matter Raised by Defendant in Response to Plaintiffs Motion for Coordination of Actions in Different Counties Pursuant to Pa. R.C.P. 213.1 are true and correct to the best of his knowledge, information and belief, and that said matters relating to Plaintiffs Reply to New Matter Raised by Defendant in Response to Plaintiffs Motion for Coordination of Actions in Different Counties Pursuant to Pa, R.c.P. 213,1 are as known to the undersigned as to the client, Plaintiff, Susan Y. Brubaker, said knowledge being based upon information contained in the attorney's file in this matter, and further states that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. C;:-k~-- . Clark Deve~uire Dated: I/.')'!), .0, 341594.1 CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P,c., hereby certify that I served a true and correct copy of Plaintiffs Reply to New matter Raised by Defendant in Response to Plaintiffs Motion for Coordination of Actions in Different Counties Pursuant to Pa, R.c.P. 213,1 with reference to the foregoing action by first class mail, postage prepaid, this ~ "1lay of November, 2005 on the following: Harold M. Fake, Defendant c/o Brigid Alford, Esquire Boswell, Tintner, Piccola & Alford 315 North Front Street Harrisburg, PA 17108 Ronald Beers, Defendant c/o Kevin D, Rauch, Esquire SUMMERS, MCDONNELL, HUDOCK, GUTHRIE AND SKEEL, LLP 1017 Mumma Road, Suite 300 Lemoyne, P A 17043 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. ~. ;7-=-~ Clark DeVere, Esquire 341594-1 '-.~ 1":') C'.., . L) -,;\ .-\ -~~\1 ? -\'_\i,:<; --', (;;\ ...~ '-,' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN Y. BRUBAKER, Plaintiff, CIVIL DIVISION NO, 05-4795 Civil Term v, HAROLD M. FAKE, Defendant. RONALD S. BEERS' ANSWER WITH NEW MATTER PURSUANT TO PA.R.C.P. 213.1(a) TO PLAINTIFF'S MOTION FOR COORDINATION OF ACTIONS (Jury Trial Demanded) Filed on Behalf of Ronald S. Beers Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa,I.D,#83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P, Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14075 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN Y. BRUBAKER, Plaintiff, CIVIL DIVISION v. NO, 05-4795 Civil Term HAROLD M, FAKE, Defendant. (Jury Trial Demanded) RONALD S. BEERS' ANSWER WITH NEW MATTER PURSUANT TO P8.R.C.P. 213.1(8) TO PLAINTIFF'S MOTION FOR COORDINATION OF ACTIONS AND NOW, comes Ronald S. Beers, by and through his counsel Summers, McDonnell, Hudock, Guthrie & Skeel, and Kevin D. Rauch, Esquire, and files the following Answer and New Matter to Plaintiff's Motion for Coordination of Actions and in support thereof avers as follows: 1, Admitted inasmuch that Plaintiff filed said Complaint. 2. It is admitted that the answering party, Ronald S. Beers, is the Defendant in an action filed in Perry County at Civil Action No, 2005 - 776. It is further admitted that Plaintiff filed said Complaint. 3. Admitted that the accidents happened within a month of each other. As to whether Plaintiff suffered spinal injuries or damages in the action against Harold M. Fake, after reasonable investigation, Defendant Beers has insufficient information as to the truth or falsity of said averments, and they are therefore denied. To the extent that Plaintiff suffered injuries and damages resulting from the accident involving Defendant Ronald S, Beers, said averments are denied generally pursuant to Pa,R.C.P, 1029(d) and (e), Strict proof thereof is demanded, 4, After reasonable investigation Defendant Beers has insufficient information as to the truth or falsity of said averments; therefore, said averments are denied and strict proof thereof is demanded. 5. Admitted that Cumberland and Perry Counties border each other. Denied that there would be no inconvenience to the parties or witnesses, Defendant, Ronald S, Beers, is unaware that any party or witness connected in any way to the October 15, 2004, accident resides, works, or has any affiliation with Cumberland County. 6. After reasonable investigation, Defendant, Ronald S. Beers, has insufficient information as to the truth or falsity of said averments; therefore, said averments are denied and strict proof thereof is demanded, 7, Admitted that Defendant, Ronald S, Beers, has served discovery on Plaintiff. As to whether similar discovery will be served upon the Plaintiff by Defendant Fake, after reasonable investigation, Defendant Beers has insufficient information as to the truth or falsity of said averments; therefore, said averments are denied and strict proof thereof is demanded. 8, As to whether both cases will entail much of the same discovery, Defendant, Ronald S, Beers, after reasonable investigation, has insufficient information as to the truth or falsity of said averments; therefore, said averments are denied and strict proof thereof is demanded, Furthermore, Defendant, Ronald S. Beers, denies that many of the same legal and factual issues are or will be the same, Defendant Beers admits that the court, in deciding the motion, must consider whether the actions involve a common question of law or fact or arise from the same transaction or occurrence, To that end, Defendant Beers denies that the questions of law or fact in each case are the same and denies that the actions arise from the same transaction or occurrence, 9, After reasonable investigation, Defendant Beers has insufficient information as to the truth or falsity of said averments; therefore, said averments are denied and strict proof thereof is demanded, Furthermore, Defendant, Ronald S. Beers, denies that this averment by the Plaintiff is in any way controlling of the disposition of this Motion, 10. Admitted that State Farm Insurance Company insured Defendant, Ronald S, Beers, Denied that this fact is in any way controlling of the disposition of this Motion. 11, After reasonable investigation, Defendant Beers has insufficient information as to the truth or falsity of said averments; therefore, said averments are denied and strict proof thereof is demanded, 12. After reasonable investigation, Defendant Beers has insufficient information as to the truth or falsity of said averments; therefore, said averments are denied and strict proof thereof is demanded, Inasmuch that damages should be prorated, this is a legal conclusion to which no response is required, To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa,R.C,P, 1029(d) and (e). Strict proof thereof is demanded, 13. Denied, 14, Denied, 15, Denied. 16. Denied, 17, Denied. WHEREFORE, Defendant, Ronald S, Beers, respectfully requests this Honorable Court deny Plaintiff's Motion for Coordination, NEW MATTER 1S, Plaintiff has not established facts sufficient to justify a coordination of the two actions under Pa.R.C,P, 213,1. 19, The accidents do not involve a common question of law or fact. To the contrary, the only relevant nexus between these cases is the Plaintiff. 20. The cause of action that Plaintiff purports to state in the pending Cumberland County action, and the cause of action that Plaintiff purports to state in the pending Perry County action do not arise from the same transaction or occurrence. To the contrary, the only relevant nexus between these cases is the Plaintiff, 21. Coordination would result in undue prejudice and unreasonable expenses to Ronald S, Beers, 22. Ronald S, Beers incorporates herein by reference his Answer with New Matter to the Complaint filed against Ronald S. Beers in Perry County, A true and correct copy of the Complaint and Ronald S. Beers' Answer with New Matter filed in Perry County are attached hereto and identified as Exhibits "A" and "B," respectively, 23. Plaintiff's motion fails to comply with Cumberland County Rule of Court 20S,2(d), 24. Ronald S. Beers, was not asked whether he contests the Motion for Coordination filed before this Honorable Court, 25. Ronald S. Beers, contests the pending Motion. WHEREFORE, Ronald S, Beers, respectfully requests that the Plaintiffs Motion be denied. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. ,7 / evin . auch, Esquire Counsel for Ronald S. Beers By: 09(L6/05 _FRI 14: 12 FAE 7Z4]435198 ~9/16/2005 12:08 FAX 7177742113 PA SUIT UNIT HARRISBURG 1i!J002 li1I 002 @@~'!p METZGER, WICKERSHAM, P.c. By: Clark DeVere, Esquire Attorney LD. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-{)300 (717)238-8187 Attorneys for Plaintiff Susan Y Brubaker SUSAN Y. BRUBAKER, Plaintiff IN THE COURT OF COMMON PLEAS OF PERRY COUNTY, PENNSYLVANIA V5. NO. 05- CML TERM CNIL ACTION - LAW RONALD S. BEERS, Defendant JURY TRIAL DEMANDED TO: Defendant 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 ajudgmeI!t 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 Plaintiffs. You may lose money or property or other rights important to you. YOU SHOUID 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 ABOUTHJRING A LAWYER. JF YOU CAN"NOT AFFORD TO HIRE A LAWYER, TIllS OFFICE MAY BE ABLE TO PROVIDE YOU wrrn INFORMATION ABOUT AGENCIES TIIAT MAY OFFER LEGAL . SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Central Pennsylvllllia Legal Services 213A North Front S treef Harrisburg, P A 17101 (800) 932-0356 335J02~J HARRISBURG SEP 1 5 Z005 RECEIVED 09iLOI05 FRI 14: 13_FAX 7247435198 09/16/2005 12:09 FAX 7177742113 Pol SUIT llNl'l' HARRISBURG ~.:1VV'" 19'j00J A VISO USTED HA SIDO DEMANDADO EN LA CORTE. Si listed desea defenderse de las quejas expuestas en las paginas siguientes, debe tamar acci6n dentro de veinte (20) dias a partir de la feeha en que recibi6 la demanda y el aviso. Usted debe presentar comparecencia esrita en persona 0 po abogado y presentar en la Corte par escrilo SUs defensas 0 sUs objeciones a las demandas en su contra_ 5e 1e avisa que si no se defiende, e1 caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso 0 notifieaci6n por cualquier dinero reclamado en la demanda 0 por eualquier dinero reclamarlo en la dcmanda 0 po cualquier Olra queja 0 compensaci6n reelamados por el Demandante. USTED PUEDE PERDER DlNERO, 0 PROPIEDADE5 U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO lMMEDIATAMENTE, 51 USTED NO TIENE 0 NO CONOCE UN ABODAGO, VAYA 0 LLAME A LA OFICINA EN LA DJRECCI0N ESCRITA ABAJO PARA AVERIGUAR DONDE .PUEDE OBTENER ASISTENCIA LEGAL Central Pennsylvania Legal Services 213A North Front Street Harrisburg,PA 17101 (800) 932-0356 335/02-1 HARRISBURG SEP 1 5 1.005 RE.CE.IVED 091,16)/05 FHI _14: 14 FA,,; 7247435] 98 09/1612005 12: 09 FAX 71 i7742113 PA SUIT UNIT HARRISBURG 141004 ~VV. METZGER WICKERSHAM:, P.C. By: Clark DeVere, Esquire Attorney 1.0. No. 68768 3211 Nonh Front Street P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 23E-8187 Attorneys for Plaintiff Susan Y. Brubaker SUSAN Y. BRUBAKER, Plaintiff IN THE COURT OF COMMON PLEAS OF PERRY COUNTY, PENNSYLVANIA vs, NO. 05-_ CIVIL TERM CIVIL ACTION - LAW RONALD S. BEERS, DefendMt JURY TRIAL DEMANDED COMPLAINf AND NOW, comes the Plaintiff, Susan Y.Bmhaker, by and through her attorneys, Metzger, Wickersham, Knauss & Erb, and respectfully represents the following: I. Plaintiff Susan Y. Brubaker is an adult individual who, at th.e tim.e of the incident herein, resided at 179 Paradise :Park, New Bloomfield, Pen:y County, Pennsylvania. 2. Defendant Ronald S. Beers is an adult individual residing at 12 Barley DriVe, Duncannon, Perry Counly, Pennsylvania, 17020. 3. The facts and circumstances hereinafter set fonh occurred on October 15, 2004, at or about 6:46 AM, on S.R Route 11-15, Penn Township, PenyCounty, Pennsylvania. 4. At the aforesaid time and place, PlaintiffBrobaker was the owner and operator of a 2001 Ford Mustang bearing Pennsylvania Registration Plate No. FRM8 I 73. 335102.} 5. At the aforesaid time and place, Defendant Beers was the owner and HARRISBURG SEP 1 5 ZOOS RECEIVED OO1,16/0G -.ERr 1_4: 16 _FAX Y2.47435108 09/16/2005 12:10 FAX 7177142113 PA sun UNIT HARR I SBURG 141005 ~vv... operator of a 1995 Toyota 4-Runner bearing Pennsylvania Registration Plate No_ EJY6259_ 6, At the aforesaid time and place, a 1989 Ford F-ISO operated by Donald Harris was traveling southbound on S_R. 11-15, Penn Township, Perry County, PennsyIvania_ 7, At the aforesaid time and place, Plaintiff Brnbaker was traveling southbound on S.R. 11-15, Penn Township, Perry County, Pennsylvania behind the vehicle being operated by Donald Harris. 8. At the aforesaid time and place, Defendant Beers was traveling northbound on S.R, 11-15. 9. At. the aforesaid time and place, Defendant Beers lost control ofhis vehicle and crossed over the center line and into the southbolIDd lane of S.K 11-15_ 10. At the aforesaid time and place, Donald Harris, attempting to avoid a collision with Defendant Beers, steered to the right and went into the berm of tbe southbound lane of S.K 11-15. 11. At the aforesaid time and place, Defendant Beers struck Donald Harris head on, then swung into the path of the vehicle being operated by Plaintiff Brubaker striking the right front of Plaintiff's vehicle. 12. Defendant owed a duty to Plaintiff Brubaker and other lawful users of the roadways in the Commonwealth of Pennsylvania to operate the vehicle he was driving in such a way so as not to cause hann or damage to said other persons and to the Plaintiff in particular. 13. The aforesaid collision was the direct and proximate result ofilie carelessness, recklessness and negligence of Defendant Beers, in operating the 1995 Toyota 4-Runncr in a careless, reckless and negligent manner as follows: 335102.' HARRISBURG SEP 1 5 Za05 RECEIVED 09(16/05 FRl 14:17 FAX 7247435198 09/16/2005 12:10 FAX 7177742113 FA SUiT UNIT HARRISBURG ~'-'vw !4J 006 (a) Failing to safely pass and give at least one half of the main- traveled portion of the roadway to another vehicle being occupied/operated by the Plaintiff in violation of 1}3302 of the Pennsylvania Motor Vehicle Code and applicable law; (b) Driving at an 1ll1safe speed and at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing and at a speed greater than will permit him to have brought his vehicle to a stop within the assured clear distance ahead in violation of Section 3361 of the Pennsylvania Motor Vehicle Code and applicable law; (c) Driving on the left side of the roadway in a no-passing zone in violation of 75 Pa.C.S.A 93307 and applicable law; (d) Failing to drive on the right half of the roadway in violation of75 Pa C.SA g3301 and applicable law; (e) Failing to obey traffic control devices in violation of 75 Pa. C.S.A. 9311 I and applicable law; (f) Failing to drive his vehicle in a single lane of travel and moving his vehicle from that lane when not safe to do so in violation of 75 Pa. C.S.A. g3309 and applicable law; (g) Driving under the influence of alcohol or controlled substance in violation of 75 Pa. C.S_A. 93802 and applicable law; (h) Driving at a speed in excess of the maximum posted speed limit in violation of Section 3362 of the Pennsylvania Motor Vehicle Code and applicable law; (i) Operating his vebicle at an excessive rate of speed under the circumstances; (j) Failing to maintain adequate control of the vebicle he was operating in order to avoid a collision; (k) Failing to apply the brakes in time to avoid the collision; (J) Failing to give warning to Plaintiff Brubaker of his impending collision with Plaintiff's vehicle; 335102-1 HARRISBURG SEP 1 5 2005 RECEIVED 09I.L6((j5 FlU 14:18 FAX 72474.15198 09/16/2005 12 oIL FAX 7177142113 PA SliIT UNIT HARRI SBURG 141007 ~vv. (m) Operating his vehicle in careless disregard for the safety ofpersons and/or property in violation of75 Pa.C.S.A. ~3714; (n) Failing to keep his vehicle under proper and adequate control so as not to expose other users to an unreasonable risk of hann; (0) Failing to keep alert and maintron a proper lookout for the presence of other motor vehicles on the streets and highways; (P) In operating the vehicle in a manner not consistent with the road and weather conditions prevailing at the time; (q) In failing to keep the vehicle witlrin the proper lane; (r) In operating the vehicle while under the influence of intoxicating liquor or drugs; (3) In failing to have yielded half of the highway to oncoming traffic; (t) Driving in reckless disregard for the safety of persons in violation of75 Pa. C.S.A. 93736 and applicable law; (u) In failing to observe oncoming traffic; and (v) Otherwise operating his vehicle at an unsafe speed. 14. As a direct and proximate result of the collision and the negligent, careless and reckless conduct of Defendant, Plaintiff Brubaker sustained and in the future may sustain, serious and debilitating injuries, some ofwruch are or may be perm:ment, an aggravation and/or exacerbation of pre-existing conditions, and which include, but are not limited to, the following: (a) Severe strain :md sprain of the muscles, tendons, ligaments aud other soft tissues at or about the cervical spine; (b) Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the thoracic spine; (c) Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the lumbar spine; 3JSJ02.j HARRISBURG SEP 1 5 2005 RECEIVED U!:1~1,fj/05 Fl<1 14:1H FAK(~4"14;1bUH) 09/16/2005 12:11 FAX 7177;4211J PA SUI'I UNIT HARRISBURG !aJ 008 ~vvv (d) Trauma to right upper thigh; (e) Closed head injury, and ef) Headaches_ 15_ As a direct and proximate result of the aforesaid collision, negligence, carelessness / ,/ and recklessness of Defendant, Plaintiff Brubaker has undergone and in the future will undergo physical pain, mental anguish, discomfort, inconvenience, distress,. embarrassment and humiliation, past, present and future loss of her ability to enjoy the pleasures of life and limitations in her pursuit of daily activities all to her great loss and detriment. 16. Ai; a direct and proximate result of the aforesaid collision, negligence, / carelessness and recklessness of Defendant, Plaintiff Brubaker has and/or may in the funlre incur 17. As a direct and proximate result of the aforesaid collision, negligence, carelessness } / e>"l'enses for medical trea1J:nent and rehabilitation for which damages are c1aimed_ and recklessness of Defendant, Plaintiff Brubaker has and/or may in the future incur a loss of wages, a loss of earning capacity, loss of household services and other economic damages for which damages are claimed. J 18_ As a direct and proximate result of the aforesaid collision and the negligence, ' carelessness and recklessness of Defendant, Plaintiff Brubaker sustained incidental costs and losses to include, but not limited to, past and future medication costs and medica! appliances_ .J 19. Defendant Ronald S. Beers was driving under the influence of alcohol in this' collision, Plaintiff Susan Yvonne Brubaker remains eligible to claim compensation for non economic loss and economic loss sustained in this collision_ 335101-1 HARRISBURG SEP 1 5 ZOOS RECEIVED 09/16/05 FRI 14:21 FAX 7247435]98 ___~~.:2Y2005 12012 FAX 7177'742113 PA SLIlT UN IT HARRISBURG ~vv... IiiJ009 - 20, Plaintiff Brubaker, was the named insured on a policy of insurance issued to her by GEICO General Insurance Company bearing policy number 2003984180 which was in effect on the date of the above-referenced collision_ Plaintiff selected the full tort option regarding thar policy, A copy of the Declaration Sheet of said policy is attached hereto and incorporated by reference herein as Exhibit "A"- Therefore, Plaintiff Brubaker remains eligible to claim compensation for non economic loss and economic Joss sustained' in this collision pursuant to applicable tort law_ 21_ In total disregard for the safety of Plaintiff and others, Defendant drove his vehicle while intoxicated, drove recklessly, crashed into the vehicle operated by Donald Harris and subsequently crashed into the right front of Plaintiff's vehicle causing serious injuries to Plaintiff Brubaker and as a result, Plaintiff Brubaker is entitled to punitive damages_ WHEREFORE, Plaintiff Susan Y Brubaker demands judgment in her favor and against the Defenda.'1.t Ronald S. Beers for the aforesaid damages in an amount in excess of the limits of compulsory arbitration in Perry County, Pennsylvania, and demands costs, interest, damages for delay and/or punitive damages against Defendant as allowed by law_ Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERE, P_C By: ~,~ Clark DeVere, Esquire Attorney I,D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Dated: q-I,J-o.> 335102-1 HARRISBURG SEP 1 5 2005 o 1::t"C::n II:::..... 090.6/05 FRI 14:22 FAX 7247435198 09/16/2005 12'12 FAA 7177742113 FA SUIT UNL'i HARRISBURG """-l ~~" l;1] 010 VERIFICATION I, Susan Y. Brubaker, hereby certify that the following is corrret; The facts set forth in the foregoing Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/oT others acting on my behalf in this matter. The language of the Complaint is that of counsel and not my own, I have Tead the Complaint, and to the extent that it is based upon information which I have given to counsel, :it is true and correct to the best of my knowledge, information, and belief r 0 the extent that the content of the Complaint is that of counsel, I have relied upon such counsel in making this VerificatioD.- I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn fiIlsificarion to authorities. Dated: q/q(ci5 )JA..uv:i.' fA /J /~ Susan Y. B ak r 335095-1 HARRISBURG SEP 1 5 'lO1l5 RECEIVED 09/10/05 1'1<1 14: Z4 FAX 7Z4743519S 09/1612005 12:13 FAX 7177742113 PA SUlT l'NlT HARRISBURG ~012 4'tJ ULL L-' II Government Employees Insurance Company . GEICO Gencrallnsuranee Company . GEICO Indemnity Company . GEICO Casualty Company One GEICO Blvd, a Fredericksburg, VA 22412-0001 CERTIFICATION OF LIMITS GEBCO To Whom It May Concern: This will emify thar GEIeO General Insunmce Company bas issued an automobile policy, 2003984180, to: Susan Y Brubaker PO Bo" 673 Camp Iffil PA 17001 that was in effect on the accident date ofOclOber 15,2004 providing the following coverage on a 2001 Ford Mustang, Vehicle Identification Number (VIN) If AFP4040 IF22120 1: Bodily Injury Liability $50,000 $100,000 per person! per aocldent Property Damage Liability S50,OOO pet accident Fits! Party Benefits Income Loss $100,000 per person $1000 pcr month per person $5,000iInaxlml.Ull $1500 per person NONE per person N/A per person $50,000 per person! $100,000 por accident $50,000 per person! $100,000 per accident S50 deductible $500 deductIble Medical Expenses Fun=! Expenses Accidental Death E"tmordina:ry Medical Benefits Uninsured Motorist Bodily Injury Staekable . ,1 vehicles Underinsured Motorist Bodily Injury StaekabJe . 1 vehicles Comprehensive Coverage ColIision Coverage Tort Option HI PA (10/03) HARRISBURG SEP 1 5 ZOOS RECEIVED , . IN THE COURT OF COMMON PLEAS OF PERRY COUNTY, PENNSYLVANIA SUSAN Y. BRUBAKER, Plaintiff, CIVIL DIVISION NO, 2005-776 v. ANSWER AND NEW MAHER RONALD S. BEERS, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: TO: Plaintiff Kevin D. Rauch, Esquire Pa,I.D.#83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P, Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14075 IN THE COURT OF COMMON PLEAS OF PERRY COUNTY, PENNSYLVANIA SUSAN Y. BRUBAKER, Plaintiff, CIVIL DIVISION v. NO, 2005-776 RONALD S. BEERS, Defendant. (Jury Trial Demanded) ANSWER AND NEW MATTER AND NOW, comes the Defendant, Ronald S. Beers, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P" and Kevin D, Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Admitted, 4, Admitted, 5. Admitted. 6. Admitted, 7. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 8. Admitted, 9. Admitted. 10. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 11, Admitted in part, denied in part. It is admitted that a collision occurred between the Harris vehicle and the Defendant's vehicle. The remainder of the allegations in paragraph 11 are denied as, after reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments. Strict proof thereof is demanded at the time of trial. 12, Admitted. 13, Admitted in part, denied in part. It is admitted that the accident occurred as a result of the Defendant's negligent operation of the motor vehicle on the date, time, and place of the subject accident. The remainder of the allegations in paragraph 13 are denied generally pursuant to Pa.R.C,P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 14, Paragraph 14 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C,P. 1029(d) and (e), Strict proof thereof is demanded at the time of trial. 15. Paragraph 15 states a legal conclusion to which no response is required, To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C,P. 1029(d) and (e), Strict proof thereof is demanded at the time oftrial. 16, Paragraph 16 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C,P, 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 17, Paragraph 17 states a legal conclusion to which no response is required, To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e), Strict proof thereof is demanded at the time of trial. 18, Paragraph 18 states a legal conclusion to which no response is required, To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C,P, 1029(d) and (e), Strict proof thereof is demanded at the time of trial. 19, Paragraph 19 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa,R.C.P. 1029(d) and (e), Strict proof thereof is demanded at the time of trial, 20. Paragraph 20 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P, 1029(d) and (e), Strict proof thereof is demanded at the time of trial. 21, Paragraph 21 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C,P, 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Ronald S. Beers, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed, NEW MATTER 22. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute, 23, Some and/or all of Plaintiff's claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility law and/or other collateral sources and same may not be duplicated in the present lawsuit. 24, To the extent that the Plaintiff has selected the limited tort option or is deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiff's ability to recover non-economic damages, 25. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania law as a complete or partial bar to any recovery by Plaintiff in this action. . WHEREFORE, Defendant, Ronald S, Beers, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & KEEL L.L.P. By: , . VERIFICATION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which he has furnished to his counsel and information which has been gathered by his counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which he has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, he has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa,C,S, 84904, relating to unsworn falsification to authorities. Date: !(if~~ ~~C> Ronald S. Beers #14075 . . CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been mailed by S. Mail to counsel of record via first class mail, postage pre-paid, this I ~ day of , 2005, Clark DeVere, Esquire Metzger, Wickersham, Knauss & Erb, P.C, 3211 North Front Street P,O. Box 5300 Harrisburg, PA 17110-0300 SUMMERS, McDONNELL, HUDOCK, GUTHRIE SKEEL, L.L.P. By: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER PURSUANT TO Pa.R.C.P. 213.1(a) TO PLAINTIFF'S MOTION FOR COORDINATION OF ACTIONS has been mailed by U.S, Mail to counsel of record via first class mail, --:1\ "tv postage pre-paid, this .~ day of l VV ,2005. Clark DeVere, Esquire Metzger, Wickersham, Knauss & Erb, P.C, 3211 North Front Street P,O, Box 5300 Harrisburg, PA 17110-0300 Brigid Q. Alford, Esquire Boswell, Tintner, Piccola, and Alford 315 North Front Street P,O, Box 741 Harrisburg, PA 17108-0741 SUMMERS, McDONNELL, HUDOCK, GUTHRIE. SKEEL, L.L.P. / /J/ By: evin D, Rauch, Esquire ounsel for Ronald S, Beers C) -i) ~ ,^,; ~ ( J ! ,,<', Brigid Q, Alford, Esquire Supreme Court I. O. #38590 BOSWELL, TINTNER, PiCCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Defendant Harold M. Fake SUSAN Y. BRUBAKER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plai ntiff v. : No. 05- 4795 CIVIL TERM HAROLD M. FAKE, Defendant : JURY TRIAL DEMANDED : 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, Defendant certifies that: (1) A Notice of Intent to serve the subpoenas with copies of the subpoenas attached thereto was mailed to Counsel of record on November 22, 2005. (2) A copy of the notice of intent, including the proposed subpoenas, is attached to this certificate, marked as Exhibit A, (3) No objection to the subpoenas has been received. Counsel for Plaintiff has waived the 20 day time period. (4) The subpoenas which were served are identical to the subpoenas which are attached to the notice of intent to serve the subpoenas. Respectfully submitted, By: Brigid . Alford, E Supreme Court # 590 Boswell, Tintner, Piccola & Alford 315 North Front Street Harrisburg, PA 17101 (717) 236-9377 Attorneys for Defendant Fake Date: November 28, 2005 Brigid Q, Alford, Esquire Supreme Court 1.0. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108.0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att,net (Email) Attorneys for Defendant Harold M. Fake Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 05- 4795 CIVIL TERM SUSAN Y. BRUBAKER, v. HAROLD M. FAKE, Defendant : JURY TRIAL DEMANDED : CIVIL ACTION - LAW NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant Harold M. Fake, intends to serve subpoenas identical to the ones that are attached to this notice upon the following: 1. West Shore Family Practice 2. Central Pa. Rehabilitation Services 3. Ranzetli Chiropractic 4. Heritage Diagnostic Center 5, Magnetic Imaging Center 6. East Pennsboro Ambulance Association 7, West Shore EMS 8, Hershey Medical Center 9, Geico Insurance Company DEFENDANT'S f T I .... You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. ' - -. - Respectfully submitted, By: Brigi . Alford, Es Supreme Court #3 0 Boswell, Tintner, Piccola & Alford 315 North Front Street Harrisburg, PA 17101 (717) 236-9377 Attorneys for Defendant Harold M, Fake DATE: November 22,2005 SUSAN Y. BRUBAKER, : IN THE COURT OF COMMON PLEAS : CUNffiERLAND COLNTY, PENNSYLVANIA Plaintiff v. : No. 05- 4795 CIVIL TERM HAROLD M. FAKE, Defendant : JURY TRIAL DEMANDED : CIVIL ACTION - LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: West Shore Familv Practice. 550 12th Street. Lemovne. PA 17043 (Name of Person or Entity) Within twenty (10) 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. indudine: treatment notes, referrals, correspondence. x-ray reports. etc.. for SUSAN Y. BRUBAKER, SS#299-58-1925. Date of Birth - 12/15/1955. Records reauested from Januarv 1. 1994 throue:h November 23, 2005. at Boswell, Tintner, Piccola & Alford, 315 N. Front StreetIPO Box 741. Harrisbure:. 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 (10) 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: Brie:id O. Alford, Esauire ADDRESS: 315 N. Front StreetIPO Box 741 Harrisbure:. PA 17108-0741 TELEPHONE: (717) 236-9377 SUPREME COURT ill #: 38590 ATTORNEY FOR: Defendant Fake . BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk SUSA~ Y. BRUBAKER, : IN THE COlTRT OF COMMON PLEAS : cmvrnERLAND COUNTY, PENNSYLVANIA Plaintiff v. : No. 05- 4795 CIVIL TERi'YI HAROLD M. FAKE, Defendant : JURY TRIAL DEMANDED : CIVIL ACTION - LA W SUBPOENA TO PRODUCE DOClJMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Central Pa. Rehabilitation Services. 5201 SDrinl! Road. Suite 17. Shermansdale. PA 17090 (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 orthings: Copies of anv and all medical records. includinl! treatment notes, referrals, correspondence, x-rav reports, etc.. for SUSAN Y. BRUBAKER. SS#299-58-1925. Date of Birth -12/15/1955. Records reQuested from Januarv 1, 1994 throul!h November 23. 2005. at Boswell. Tintner. Piccola & Alford, 315 N. Front StreetlPO Box 741, Harrisburl!. 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, TillS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON: NAME: Brigid O. Alford, ESQuire ADDRESS: 315 N. Front StreetJPO Box 741 Harrisburl!. PA 17108-0741 TELEPHONE: (717) 236-9377 SUPREME COURT ill #: 38590 ATTORNEY FOR: Defendant Fake BY THE COURT: DATE: Prothonotary/Clerk Seal of the Court SUSAN Y. BRUBAKER, : IN THE COURT OF COMMON PLEAS : Cu~mERLAND COUNTY, PENNSYLVANIA Plaintiff v. : No. 05- 4795 CIVIL TERVI HAROLD M. FAKE, Defendant : JURY TRIAL DEMANDED : CIVIL ACTION . LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Ranzette Chiropractic. 4867 Baxter Road, Vin!inia Beach. V A 23462 (N ame of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents orthings: Conies of any and all medical records. includinl! treatment notes, referrals, correspondence. x-ray reports. etc.. for SUSAN Y. BRl13AKER. SS#299-58-1925, Date of Birth - 12/15/1955. Records reQuested from Januarv 1. 1994 throul!h November 23, 2005. at Boswell, Tintner. Piccola & Alford. 315 N. Front StreetJPO Box 741. Harrisburl!, 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. TillS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Bril!id O. Alford. ESQuire ADDRESS: 315 N. Front StreetJPO Box 741 Harrisburl!. PA 17108-0741 TELEPHONE: (717) 236-9377 SUPREME COURT ID #: 38590 ATTORNEY FOR: Defendant Fake BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk SUSAN Y. BRUBAKER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COliNTY, PENNSYL VANIA Plain tiff v. : No. 05- 4795 CIVIL TERM HAROLD M. FAKE, Defendant : JURY TRIAL DElYlANDED : CIVIL ACTION - LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Herital!e Dial!nostic Center, 3 Walnut Street. Lemovne. 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: Copies of any and all medical records. includinl! treatment notes. referrals. correspondence. x-ray reports, etc., for SUSAN Y. BRUBAKER. SS#299-58-1925. Date of Birth - 12/15/1955. Records requested from Januarv 1, 1994 throul!h November 23. 2005. at Boswell. Tintner. Piccola & Alford. 315 N. Front Street/PO Box 741, Harrisburl!, PA 17108-0741 (Address) You may deliver or mmllegible 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. . TIDS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Bril!id O. Alford. Esquire ADDRESS: 315 N. Front Street/PO Box 741 Harrisburl!. PA 17108-0741 TELEPHONE: (717) 236-9377 SUPREME COURT ill #: 38590 A TIORNEY FOR: Defendant Fake BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk SUSAN Y. BRUBAKER, Plaintiff : IN THE COURT OF COMMON PLEAS : CmffiERLAND COUNTY, PENNSYL VANIA : No. 05. 4795 CIVIL TERM v. HAROLD M. FAKE, Defendant : JURY TRIAL DEMANDED : CIVIL ACTION - LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hershev Medical Center, Medical Records Department. Mail Code MCHU24. PO Box 850. Hershev. PA 17033 (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. incIudinl:! treatment notes. referrals. correspondence. X-ray reports. etc.. for SUSAN Y. BRUBAKER. SS#299-58-1925. Date of Birth - 12/15/1955. Records reauested from Januarv 1. 1994 throul:!h November 23. 2005. at Boswell. Tintner. Piccola & Alford. 315 N. Front Street/PO Box 741. Harrisburl:!. 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: Bril:!id O. Alford. Esauire ADDRESS: 315 N. Front StreetfPO Box 741 Harrisburl:!. PA 17108-0741 TELEPHONE: (717) 236-9377 SUPREME COURT ID #: 38590 ATIORNEY FOR: Defendant Fake BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk SUSAN Y. BRUBAKER, : IN THE COURT OF COMMON PLEAS : ClJNffiERLAND COUNTY, PENNSYL VANIA Plaintiff v. : No. 05- 4795 CIVIL TERM HAROLD M. FAKE, Defendant : JURY TRIAL DEMANDED : CIVIL ACTION - LAW SUBPOENA.TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: East Pennsboro Ambulance Service. Inc., PO Box 47. Enola, PA 17025 (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: Conies of any and all medical records. incIudin2: treatment notes. referrals, correspondence, x-rav reports, etc., for SUSAN Y. BRUBAKER. 55#299-58-1925, Date of Birth - 12/15/1955. Patient involved in two automobile accidents occurrin2: on September 27, 2004 and October 15, 2004. at Boswell, Tintner, Piccola & Alford. 315 N. Front Street/PO Box 741. Harrisbur2:. 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: NAlYlE: Bri2:id O. Alford, Esauire ADDRESS: 315 N. Front Street/PO Box 741 Harrisbur2:, PA 17108-0741 TELEPHONE: (717) 236-9377 SUPRElYlE COURT ill #: 38590 ATTORNEY FOR: Defendant Fake BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk SUSAN Y. BRUBAKER, : IN THE COURT OF COMMON PLEAS : CUlYffiERLAND COUNTY, PENNSYLVANIA Plaintiff v. : No. 05- 4795 CIVIL TERM HAROLD M. FAKE, Defendant : JURY TRIAL DEMANDED : CIVIL ACTION - LA W SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: West Shore EMS. West Shore Ambulance Life EMS. 205 Grandview Avenue. Suite 211. 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: Copies of anv and all medical records. incIudin!! treatment notes. referrals. correspondence. x-rav reports. etc.. for SUSAN Y. BRUBAKER. SS#299-58-1925. Date of Birth - 12/15/1955. Patient involved in two automobile accidents occurrin!! on September 27. 2004 and October 15. 2004. at Boswell. Tintner. Piccola & Alford. 315 N. Front StreeUPO Box 741. Harrisbur!!. 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: Bri!!id O. Alford. Esouire ADDRESS: 315 N. Front StreetJPO Box 741 Harrisbur!!. PA 17108-0741 TELEPHONE: (717) 236-9377 SUPREME COURT ill #: 38590 ATTORNEY FOR: Defendant Fake BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk SUSAN Y. BRUBAKER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. : No. 05- 4795 CIVIL TERM HAROLD M. FAKE, Defendant : JURY TRIAL DEMANDED : CIVIL ACTION - LA W SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Geico Insurance Comnanv (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: Conies of First Partv Benefits File for SUSAN Y. BRUBAKER. SS#299-58-1925, Date of Birth - 12/15/1955. Policv #2003984180: Claim #017030420010105 (DOL 10/15/04 and 9/27/04) Claim #0170304200101039 (DOL 7/2/02), at Boswell. Tintner. Piccola & Alford, 315 N. Front Street/PO Box 741. Harrisbun!. 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: Brh!:id O. Alford. Esauire ADDRESS: 315 N. Front StreeUPO Box 741 Harrisburl!:. PA 17108-0741 TELEPHONE: (717) 236-9377 SUPREME COURT ID #: 38590 ATIORNEY FOR: Defendant Fake . BY THE COURT: DATE: Prothonotary/Clerk Seal of the Court CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Defendant Fake's 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: Clark DeVere, Esquire METZGER, WICKERSHAM, KNAUSS & ERB, P.C. 3211 North Front Street, P,O. Box 5300 Harrisburg, PA 17110-0300 By: ,/" ~C~ enise L. Foster, Paralegal DATE: November 22, 2005 CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Defendant Fake's Certificate Prerequisite, by first-class United States mail upon the following at the address set forth below: Clark DeVere, Esquire METZGER, WICKERSHAM, KNAUSS & ERB, P.C, 3211 North Front Street, P,O. Box 5300 Harrisburg, PA 17110-0300 By: ~ /~ <~.u ( ~ Denise L. Foster, Paralegal DATE: November 28, 2005 \,'" -~ r~,) <,. >---- METZGER, WICKERSHAM, P.C. By: Clark De Vere, Esquire Attorney LD, No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 SUSAN Y. BRUBAKER, Plaintiff Attorneys for Plaintiff Susan Y. Brubaker IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO. 05-4795 CIVIL TERM CIVIL ACTION - LAW HAROLD M. FAKE, Defendant JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER RAISED BY RONALD S. BEERS IN RESPONSE TO PLAINTIFF'S MOTION FOR COORDINATION OF ACTIONS IN DIFFERENT COUNTIES PURSUANT TO Pa. R.c.P. 213.1 AND NOW, comes the Plaintiff, Susan Y. Brubaker, by and through her attorneys, Metzger, Wickersham, Knauss & Erb, and respectfully replies as follows: 34J77J~1 18, Conclusions of law for the assigned Judge to decide. To the contrary, Plaintiff has set forth facts sufficient to justify coordination of the two actions under the Pennsylvania Rules of Civil Procedure and applicable case law, 19, Conclusions oflaw for the assigned Judge to decide. To the contrary, the two motor vehicle accidents occurred within a month of each other and Plaintiffs spinal injuries and damages overlap and she was still treating for injuries from the first accident when the second accident happened. Plaintiffs anticipate that the same doctors will be called as witnesses in each action, Plaintiff incorporates herein by reference the remaining averments contained in her Motion to Coordinate. 20, Conclusions oflaw for the assigned Judge to decide. To the contrary, two motor vehicle accidents occurred within a month of each other and Plaintiff s spinal injuries and damages overlap and she was still treating for injuries from the first accident when the second accident happened. Plaintiffs anticipate that the same doctors will be called as witnesses in each action, Plaintiff incorporates herein by reference the remaining averments contained in her Motion to Coordinate, 21. Conclusions of law for the assigned Judge to decide, By way of further reply, Ronald S. Beers, has failed to state specifically how he would be prejudiced or suffer unreasonable expense should coordination occur. In fact, Ronald S. Beers acknowledges in Paragraph 5 of his Answer that the Cumberland and Perry counties border each other. 22. Attached documents speak for themselves. Plaintiff also incorporates her Reply to Ronald S. Beers' New Matter in the Perry County action. 34/771-1 23. Based on Plaintiffs counsels research, concurrence from counsel is not required in a Motion for Coordination as long as notice is given to all other parties in accordance with Pa. R.C.P, No. 213.1. 24, Admitted that concurrence was not sought. Denied that Ronald S. Beers was not given written notice as required pursuant to Pa, R.c.P. No. 213.1 or an opportunity to respond. The Plaintiff incorporates herein by reference her response to number 23 above, 25. Admitted that Ronald S. Beers contests the pending motion. WHEREFORE, Plaintiff Susan Y. Brubaker respectfully requests that her Motion for Coordination of Actions be granted as requested in the filed Coordination Motion, METZGER, WICKERSHAM, KNAUSS & ERB, P.C, By: ~--~4- Clark DeVere, Esquire Attorney I.D. No. 68768 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Dated: November ~.;J., 2005 Attorney for Plaintiff 341771-1 VERIFICATION The undersigned hereby certifies that he is the attorney for Plaintiff, Susan Y. Brubaker, individually, and that the facts in the foregoing Plaintiff's Reply to New Matter Raised by Ronald S. Beers in Response to Plaintiffs Motion for Coordination of Actions in Different Counties Pursuant to Pa. R.C ,P. 213.1 are true and correct to the best of his knowledge, infonnation and belief, and that said matters relating to Plaintiff's Reply to New Matter Raised by Ronald S, Beers in Response to Plaintiffs Motion for Coordination of Actions in Different Counties Pursuant to Pa. R.c.P. 213.1 are as known to the undersigned as to the client, Plaintiff, Susan y, Brubaker, said knowledge being based upon infonnation contained in the attorney's file in this matter, and further states that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. (~~1. Clark eVere, Esquire Dated: If '3, J. -oS- 34/771-1 CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.c., hereby certify that I served a true and correct copy of Plaintiff's Reply to New Matter Raised by Ronald S. Beers in Response to Plaintiffs Motion for Coordination of Actions in Different Counties Pursuant to Pa, R.C.P, 213,1 with reference to the foregoing action by first class mail, postage prepaid, this~ day of November, 2005 on the following: Harold M. Fake, Defendant c/o Brigid Alford, Esquire Boswell, Tintner, Piccola & Alford 315 North Front Street Harrisburg, PAl 7108 Ronald Beers, c/o Kevin D. Rauch, Esquire SUMMERS, MCDONNELL, HUDOCK, GUTHRIE AND SKEEL, LLP 1017 Mumma Road, Suite 300 Lemoyne, P A 17043 METZGER, WICKERSHAM, KNAUSS & ERB. P.C. C~SqUire 341771.1 , '.::' -'1'1 ::-::1 L , ] ;1 r".) \,Ci .'. 1"'.) , I .n c:: -< METZGER, WICKERSHAM, P,C, By: Clark DeVere, Esquire Attorney 1.D, No. 68768 3211 North Front Street P.O, Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Attorneys for Plaintiff Susan Y. Brubaker SUSAN Y. BRUBAKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-4795 CIVIL TERM CIVIL ACTION - LAW HAROLD M, FAKE, Defendant JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW, comes the Plaintiff, Susan y, Brubaker, by and through her attorneys, Metzger, Wickersham, Knauss & Erb, and respectfully replies as follows: 18. Conclusions oflaw, no reply required. Ifa reply is required, the averments are specifically denied and denied pursuant to Pa,R.C.P. No, 1029(e), By way of further reply, Plaintiffs Complaint states claims upon which relief can be granted and no preliminary objections have been filed to the Complaint. 19. Conclusions oflaw, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C,P. No, 1029(e).. By way of further reply, the injuries and damage claims set forth in the Complaint filed in this action were caused by the actions and/or omissions of answering Defendant. 341455~1 20. Conclusions oflaw, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa,R.c.p, No. 1029(e). By way of further reply, the injuries and damage claims set forth in the Complaint filed in this action were caused by the actions and/or omissions of answering Defendant, 21. Conclusions oflaw, no reply required, If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P, No. 1029(e). By way of reply, Defendant has failed to specify the identity of the other persons or the actions and/or omissions he or she committed or failed to commit and Plaintiff cannot further reply, 22. Conclusions of law, no reply required, If a reply is required, the averments are specifically denied and denied pursuant to Pa,R.C,P, No, I029(e) and 1030(note), By way of further reply, Plaintiff was not negligent in any manner. 23. Conclusions oflaw, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R,C.P. No. I029(e), By way of further reply, Defendant has failed to specify the provision of the Pennsylvania Motor Vehicle Financial Responsibility Law he is referring to and Plaintiffs cannot further reply, Moreover, Plaintiff had selected the full tort option as set forth in Paragraph 17 of her Complaint, which is incorporated herein by reference, 24, Conclusions of law, no reply required, If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e).. By way offurther reply, the Defendant has failed to specify what damages would be barred in part or in their entirety by the 341455.1 collateral source rule and Plaintiff cannot reply. Moreover, Plaintiff has a right to recover the damages set forth in the Complaint filed in this action, which is incorporated herein by reference. 25, Conclusions oflaw, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C,P, No. 1029(e). By way of further reply, the alleged defenses are not applicable in any manner to the claims raised in this case and there was no release, no waiver, no payment, no duress, no fraud, no illegality and no accord and satisfaction, WHEREFORE, Plaintiff Susan Y. Brubaker demands that Defendant Harold M, Fake's New Matter be dismissed and that judgment be entered in Plaintiffs favor and against Defendant as requested in the Complaint filed in this action, METZGER, WICKERSHAM, KNAUSS & ERB, p,c. Dated: /.,)/"/0 s" By: Clark~~ Attorney 1.0, No. 68768 P,O, Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff - 341455-1 VERIFICATION The undersigned hereby certifies that he is the attorney D)r Plaintiff, Susan Y. Brubaker, individually, and that the facts in the foregoing Plaintiffs Reply to Defendant's New Matter are true and correct to the best of his knowledge, information and belief, and that said matters relating to Plaintiffs Reply to Defendant's New Matter are as known to the undersigned as to the client, Plaintiff, Susan y, Brubaker, said knowledge being based upon information contained in the attorney's file in this matter, and further states that false statements herein are made subject to the penalties of 18 Pa. C.S,A. 94904 relating to unsworn falsification to authorities. (~~ Clark De Vere, Esquire Dated: /:2-/')/0S- 341455-1 CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, p.e., hereby certify that I served a true and correct copy of Plaintiffs Reply to Defendant's New Matter with reference to the foregoing action by first class mail, postage prepaid, this ~ day of December, 2005 on the following: Harold M, Fake, Defendant c/o Brigid Alford, Esquire Boswell, Tintner, Piccola & Alford 315 North Front Street Harrisburg, P A 17108 METZGER, WICKERSHAM, KNAUSS & ERB, P.C, . ---~ "'~/ Clark De e, Esquire 34/455-} r",) en ___I (00) I (-'\ C.". 1- ~.- ~ SUSAN Y. BRUBAKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW HAROLD M. FAKE, Defendant NO, 05-4795 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR COORDINATION OF ACTIONS IN DIFFERENT COUNTIES BEFORE OLER, J. ORDER OF COURT AND NOW, this 5th day of December, 2005, upon consideration of Plaintiff's Motion for Coordination of Actions in Different Counties Pursuant to Pa, R,C,p. 213.1, of Defendant's Answer to Plaintiffs Motion for Coordination of Actions in Different Counties Pursuant to Pa. R.C.p. 213.1, and of Ronald S. Beers' Answer with New Matter Pursuant to Pa. R.C,P, 213.1(a) to Plaintiffs Motion for Coordination of Actions, and Plaintiffs Reply to New Matter Raised by [Ronald S. Beers] in Response to Plaintiffs Motion for Coordination of Actions in Different Counties Pursuant to Pa. R.C.P. 213.1, the motion for coordination is denied. BY THE COURT, ",.clark DeVere, Esq. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Attorney for Plaintiff ;> II ~) I ~-O~ -().) .... .,~ '.:., '.J '. :'." :; . . ,. . A!rigid Q. Alford, Esq. 315 North Front Street P.O. Box 741 Harrisburg, PA 17108-0741 Attorney for Defendant Harold M. Fake v1Zevin D. Rauch, Esq. 1017 Mumma Road Suite 300 Lemoyne, PA 17043 Attorney for Ronald S. Beers :rc SHERIFF'S RETURN - OUT OF COl~TY . CASE NO: 2005-04795 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BRUBAKER SUSAN Y VS FAKE HAROLD M R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: FAKE HAROLD M but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On November 30th, 2005 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County Postage 18.00 9.00 10.00 134.55 1.11 172.66 11/30/2005 METZGER WICKERSHAM So a~~~:o/. ___.--///~ ~~- 1L Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this r,. ~. day of ~ Joo:{ ~.D. /~1 I=.... v.....t 'Jr~'t ., _'_~ ~. -' " COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN INSTRUCTIONS PLEASE TYPE ONLY UI\E 1 THRU 12 DO NOT DETACH ANY COPIES Susan Y.Brubaker 2 COURT NUMBER 05-4795 civil 4 TYPE OF 'NRlT OR COMPLAINT 1 PLAINTIFF/51 SERVE . AT Harold M. Fake 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTIOt~ OF PROPERTY TO BE LEVIED, ATTACHED. OR SOLD Harold M. Fake 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO. CITY, BORO, TWP. STATE AND ZIP COOE) 119 Oak Drive Camp Hill, FA 17011 (Fairview Twp) o PERSONAL U PERSON IN CHARGE XXJ DEPUTIZE:..J 1.11 ST CLASS MAIL U POSTED '....J OTHER Sept 28 ,20~~_I, SHERIFF OF~ COUNTY, PA, do hereby deput!Je.the sherrffof York COUNTY to execute this Writ and make return tW~ccprdlng This deputization being made at the request and rrsk of the plaintiff . '. . " . ", ,'- . J/" "f.Ao--V-<'-f- SHERIFF OF ~COUNTY Cumberland (4t ~~~A4 service to Cumberland County Sheriff. Thank you. Notice and Complaint &CA-- 3 DEFENDANT/51 { 7 INDICATE SERVICE NOW to law. 8. SPEClAllNSTRUCTIONS OR OTHER INFORMATION THAT VVlLL ASSIST IN EXPEDITING SERVICE i i, ~ 10. TELEPHONE NUMB ;J3,cr -Ylg7 16 HOW SERVED 17 <:I ,. '\' CE BELOW FOR USE OF T~ $HERFF \L.A1'\../\C .--r,- OW TtIS LIE 14 OA T~ECEIVED -d'10 at. 13. I acknowledge receipt ot the writ or complainl as mdicated above POSTED ( POE( ) SHERIFFS OFFICE ( ) OTHER ( ) SEE REMARKS BElOW Int ~x. 1 ~ Xv 2' ., AFFlR~8l!IIl: 42da 0 , NOTARI,o; S I NOTA L1SAL BOWMAN, NOTARY PUBLIC CITY OF YORK, YORK COUNTY MY COMMISSION EXPIRESAUG, 12,2009 45. OATS.... __ // --':L=Q~ 47 DATE ';:1. U ~.; ~'~ "1'" I'" .'. .<- J./ V...J 48 Signature ot Foreign County Shentf 50. I ACKNOWlEDGE RECEIPT OF THE SHERIFFS RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE 49 DATE -----~ /51 OATERECEIVED--~-~- 1, 'AttlTE - ISSUing Authority 2 PINK - Attomey 3 CANARY. Sheriff's Office 4. BLUE - Shenn"s 0tIlce ..- -J . METZGER, WICKERSHAM, p,c. By: Andrew W, Norfleet, Esquire Attorney I.D, No. 83894 3211 North Front Street PO, Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Attorneys for Plaintiff Susan Y. Brubaker SUSAN y, BRUBAKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. HAROLD M, FAKE, Defendant NO. 05-4795 CIVIL TERM CIVIL ACTION- LAW JURY TRIAL DEMANDED PRAECIPE FOR SUBSTITUTION OF APPEARANCE TO THE PROTHONOTARY: Kindly substitute the appearance of Andrew W, Norfleet, Esquire, of Metzger, Wickersham, Knauss & Erb, P,c., for Clark DeVere, Esquire, on behalf of Susan y, Brubaker, Plaintiff herein, Dated: z/~~ ( ( 347255-/ METZGER, WICKERSHAM, KNAUSS & ERB, p,c. ,~ / - . / By CC6c/ /::: ,/. ..~.::;~ ~~~::Y{DN~~e;~'8;(lre '." / ' P.O, Box 5300 Harrisburg, PA 17110.0300 (717) 238-8187 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Andrew W, Norfleet, Esquire. of the law firm of Metzger, Wickersham, Knauss & Erb, p,c., hereby certify that I served a true and correct copy of a Praecipe for Substitution of O~ Appearance with reference to the foregoing action by first class mail, postage prepaid, this ~ day of February, 2006, on the following: Harold M, Fake, Defendant clo Brigid Alford, Esquire Boswell, Tintner, Piccola & Alford 315 North Front Street Harrisburg, P A 17108 347255-/ r--." r~.:'.."} C) -n <:,"~ ~, C;" C~.:.:, (....) (,,'l ,"", '- ' I METZGER, WICKERSHAM, p,c. By: Clark DeVere, Esquire Attorney 1.D, No, 68768 3211 North Front Street P.O. Box 5300 Harrisburg, P A 1711 0-0300 (717) 238-8187 Attorneys for Plaintiff Susan y, Brubaker SUSAN Y. BRUBAKER, Plaintiff vs. HAROLD M. FAKE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4795 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR SUBSTITUTION OF APPEARANCE TO THE PROTHONOTARY: Kindly substitute the appearance of Clark DeVere, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C" for Andrew W. Norfleet, Esquire, on behalf of Susan Y. Brubaker, Plaintiff herein. Dated: ,;2-/7-0<:0 345461-1 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By'-...-~ Clark DeVere, Esquire Attorney 1.0. No. 68768 P,O, Box 5300 Harrisburg, PA 17110-0300 (717) 238-8]87 Attorneys for Plaintiff " CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P,c., hereby certify that I served a true and correct copy of a Praecipe for Substitution of Appearance with reference to the foregoing action by first class mail, postage prepaid, this /11<- day of February, 2006, on the following: Harold M. Fake, Defendant clo Brigid Alford, Esquire Boswell, Tintner, Piccola & Alford 315 North Front Street Harrisburg, PAl 71 08 <:~~~, --" Clark DeVere, Esquire 34546/+/ ,,-) ( , -~~1 -n ,0 f-,.' ('-: Brigid Q. Alford, Esquire Supreme Court 1.0, #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 (717) 236.9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att,net (Email) Attorneys for Defendant Harold M. Fake SUSAN Y. BRUBAKER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 05- 4795 CIVIL TERM v. HAROLD M. FAKE, Defendant : JURY TRIAL DEMANDED : 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, Defendant certifies that: (1) A Notice of Intent to serve the subpoenas with copies of the subpoenas attached thereto was mailed to Counsel of record on February 28, 2006, (2) A copy of the notice of intent, including the proposed subpoenas, is attached to this certificate, marked as Exhibit A. (3) No objection to the subpoenas has been received, (4) The subpoenas which were served are identical to the subpoenas which are attached to the notice of intent to serve the subpoenas. Respectfully submitted, By: Bri ' Q, Alford, E Supreme Court # 590 Boswell, Tintner, Piccola & Alford 315 North Front Street Harrisburg, PA 17101 (717) 236-9377 Attorneys for Defendant Fake Date: March 22, 2006 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 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net(Email) Attorneys for Defendant Harold M. Fake SUSAN Y. BRUBAKER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : No. 05- 4795 CIVIL TERM HAROLD M. FAKE, Defendant : JURY TRIAL DEMANDED : CIVIL ACTION - LAW NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 - SET 2 Defendant Harold M. Fake, intends to serve subpoenas identical to the ones that are attached to this notice upon the following: 1, Select Medical Corp. 2, Elite Mobile Diagnostic Services, LLC You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena, If no objection is made, the subpoena may be served, Respectfully submitted, By: Q. Alford, Esq eys for Defend DATE: February 28,2006 DEFENDANT'S I 11'81T SUSAN Y. BRUBAKER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY , PENNSYLVANIA Plaintiff v. : No. 05. 4795 CIVIL TERM HAROLD M. FAKE, Defendant : JURY TRIAL DEMANDED : CIVIL ACTION - LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Select Medical Corp.. 4716 Old Gettvsburg Road. Mechanicsbure:. PA 17055 (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 medical records. includine: treatment notes. referrals. correspondence. etc.. for SUSAN Y. BRUBAKER. SS#299-58-1925. Date of Birth - December 15.1955. Records requested are from Januarv 1. 1994 throue:h February 28.2006. at Boswell. Tintner. Piccola & Alford. 315 N. Front Street/PO Box 741. Harrisbure:. 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. TillS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Brie:id O. Alford. Esquire ADDRESS: 315 N. Front Street/PO Box 741 Harrisbure:. PA 17108-0741 TELEPHONE: (717) 236-9377 SUPREME COURT ill #: 38590 ATTORNEY FOR: Defendant Fake BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk SUSAN Y. BRUBAKER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : No. 05- 4795 CIVIL TERM HAROLD M. FAKE, Defendant : JURY TRIAL DEMANDED : CIVIL ACTION - LA W SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: EIile Mobile Dia!!nostic Services. LLC.. 1229 Monl'Oe Avenue. Dunmore. PA 18509 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you arc ordered by the court to produce the following documents or things: Copies of medical records, incIudinl!. treatment notes. referrals, correspondence, etc.. for SUSAN Y. BRUBAKER. SS#299-58-1925, Date of Birth - December 15. 1955. Records reQuested are from Januarv 1, 1994 through February 28, 2006. at Boswell. Tiutner. Piccola & Alford, 315 N. Front StreeUPO Box 741, Harrisburl!.. 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 StreeUPO Box 741 Harrisbur\):, PA 17108-0741 TELEPHONE: (717) 236-9377 SUPREME COURT ID #: 38590 ATTORNEY FOR: Defendant Fake 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 Fake's 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: Andrew W. Norfleet, Esquire METZGER, WICKERSHAM, KNAUSS & ERB, P ,C. 3211 North Front Street, P.O, Box 5300 Harrisburg, PA 17110-0300 By: ]JA.- u4 Denise L. Foster, Paralegal DATE: February 28,2006 CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Defendant Fake's Certificate Prerequisite, by first-class United States mail upon the following at the address set forth below: Clark DeVere, Esquire METZGER, WICKERSHAM, KNAUSS & ERB, P,C. 3211 North Front Street, P.O, Box 5300 Harrisburg, PA 17110-0300 ut;,-lv Denise L. Foster, Paralegal By: DATE: March 22, 2006 (~ ,--, ""'Ii -\ :, --"":. " \\ ~"'" ,~-) " c,) C:.;' . METZGER, WICKERSHAM, P.C. By: Clark De Vere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, P A 1711 0-0300 (717) 238-8187 SUSAN Y. BRUBAKER, Plaintiff Attorneys for Plaintiff Susan Y. Brubaker IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-4795 CIVIL TERM CIVIL ACTION - LAW HAROLD M. FAKE, Defendant JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Plaintiff certifies that (1) A Notice of Intent to Serve the Subpoena with a copy of the subpoena attached thereto was mailed or delivered to defense counsel on April 21 , 2006; (2) A copy of the Notice of Intent, including the proposed subpoena, is attached to this certificate, (3) Defense counsel's office contacted Plaintiffs counsel's office by telephone on May 8, 2006 and indicated that she had no objection to the subpoena being served upon the party, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. 353815-1 . Dated: May 8, 2006 353815-1 METZGER. WICKERSHAM, KNAUSS & ERB, P.C. By:C //- ~ Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, P A 1711 0-0300 (717) 238-8187 Attorney for Plaintiff c (Q) v . 'YW j, ,~' \ \I [ /,;1 J( __ ._n_ ____ \\ I, I.,J [(\11.\\ \ SINCE 1888 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 717-238-8187 Fax: 717-234-9478 April 21, 2006 Other Offices Colonial Park Lancaster 717-652-7020 717431-0138 Mechanicsburg Shippensburg 717-691-5577 717-692-5810 Wilkes-Barre York 570-825-7500 717-843-0502 Brigid Alford, Esquire Boswell, Tintner, Piccola & Alford 315 North Front Street Harrisburg, PA 17108 RE: Brubaker v. Fake Cumberland County CCP. No. 2005-4795 Dear Ms. Alford: p Enclosed is a Notice ofIntent to Serve Subpoena to Produce Documents and Things for Discovery pursuant to Rule 4009.21 upon Lemoyne Auto (Becker's Service Center) in connection with the above-referenced matter. IfI do not receive any objections to the subpoena within 20 days from the date of this letter, I will serve the subpoena_ Thank you for your anticipated cooperation in this matter. If you have any questions, please feel free to contact me. Very truly yours, METZGER, WICKERSHAM, KNAUSS & ERB Clark De V ere CDV/sks Enclosure 352507-/ James F. Carl Edward E. Knauss, IV'" Jered L. Hock Steven P. Miner Clark DeVere Francis J. Lafferty, IV Andrew W. Norfleet Karen W. Miller Mark E. Clouser ~ Board Certijied in civil trial law Ilnd adVOCtlcy I... II... M~"_~' D___..I METZGER, WICKERSHAM, P.CO By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, P A 1711 0-0300 (717) 238-8187 SUSAN Y. BRUBAKER, Plaintiff Attorneys for Plaintiff Susan Y. Brubaker IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-4795 CIVIL TERM CIVIL ACTION - LAW HAROLD M. FAKE, Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff intends to serve a subpoena identical to the one that is attached to this notice, upon Lemoyne Auto (Becker's Service Shop). You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objections are made, the subpoena may be served. METZGER. WICKERSHAM, KNAUSS & ERB, P.CO By: ~ Clark e ere, Esquire Attorney I.D. No. 68768 3211 North Front Street P_O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Dated: April~, 2006 352506-/ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SUSAN Y. BRUBAKER. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 05-4795 CIVIL TERM CIVIL ACTION - LAW HAROLD M. FAKE, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.26 TO: Lemovne Auto (Becker's Service Center\. 2236 Gettvsbura Road. Camo Hill. PennsYlvania. 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: All docmnents includinll all information contained in anv comnuter and including all reoair. insDection and maintenance records: work orders: and billing records for the nast 10 vears for the Blue and Silver. 1990 Ford F150. VIN #1 FTEX 14NXLKB41 034 owned bv Harold M. Fake. 119 Oak Drive. Camp Hill. Pennsylvania. at Metzger. Wickersham. Attn: Sandra K. Soade. 3211 North Front Street. P.O. Box 5300. HarrisburlZ. PA 17110. 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: Clark DeVere, Esquire Address: 3211 North Front Street Harrisbura. Pa 17110 Telephone Number: 717-238-8187 Supreme Court 10 # 68768 Attorney for: Plaintiff BY THE COURT: Prothonotary Date: Seal of the Court Deputy 352505-1 CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, an employee of Metzger, Wickersham, do hereby certifY that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following addressees) indicated below by sending same in the United States mail, postage prepaid, as follows: Harold M. Fake, Defendant c/o Brigid Alford, Esquire Boswell, Tintner, Piccola & Alford 315 North Front Street Harrisburg, P A 17108 c oB-t~. Clark De Vere Dated: April 21, 2006 352506-/ CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of a Certificate Prerequisite to Service of Subpoena with reference to the foregoing action by first class mail, postage prepaid, this ~ day of May, 2006 on the following: Harold M. Fake, Defendant c/o Brigid Alford, Esquire Boswell, Tintner, Piccola & Alford 315 North Front Street Harrisburg, P A 17108 ---- /?.., => Clark De Vere, Esquire J 353815-1 (") c .... "'1:.l"~ rr:t~:", _,...-1 <, ~~;;:' ~;: :;:..,.(-.: .:::::;; :'1 --< ...., = = "" :J: :>> -< I I.D -0 :x y;> o CO ~ ~:Il i3~ .J:l\f'. bl'1 .-0 E5l"t' ~ ?l5 -< . Brigid Q. Alford, Esquire Supreme Court 1.0. #38590 BOSWEll. TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net(Email) Attorneys for Defendant Harold M. Fake SUSAN Y. BRUBAKER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : No. 05- 4795 CIVIL TERM HAROLD M. FAKE, Defendant : JURY TRIAL DEMANDED : 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, Defendant certifies that: (1) A Notice of Intent to serve the subpoenas with copies of the subpoenas attached thereto was mailed to Counsel of record on April 26, 2006. (2) A copy of the notice of intent, including the proposed subpoenas, is attached to this certificate, marked as Exhibit A. (3) No objection to the subpoenas has been received. Counsel for Plaintiff has waived the 20 day time period. (4) The subpoenas which were served are identical to the subpoenas which are attached to the notice of intent to serve the subpoenas. Respectfully submitted, By: ~2~ Brigid . Alford, E uire Supreme Court #38590 Boswell, Tintner, Piccola & Alford 315 North Front Street Harrisburg, PA 17101 (717) 236-9377 Attorneys for Defendant Fake Date: May 8, 2006 Brigid Q. Alford. Esquire Supreme Court LO. #38590 BOSWELL, T1NTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 74i Harrisburg, Pennsylvania 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Defendant Harold M. Fake Plai ntiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 05- 4795 CIVIL TERM SUSAN Y. BRUBAKER, v. HAROLD M. FAKE, Defendant : JURY TRIAL DEMANDED : CIVIL ACTION - LAW NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant Harold M. Fake, intends to serve subpoenas identical to the ones that are attached to this notice upon the following: 1. West Shore Family Practice 2. Family Physician Associates 3. Gold's Gym 4. Select Medical Corp. 5. Elite Mobile Diagnostic Services EXHIBIT If)- You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objections are made, the subpoenas may be served. Respectfully submitted, By: '- cJ. Brigid . Alford, Esqulr Supreme Court #385 Boswell, Tintner, Piccola & Alford 315 North Front Street Harrisburg, PA 17101 (717) 236-9377 Attorneys for Defendant Harold M. Fake DATE: April 26, 2006 SUSAN Y. BRUBAKER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : No. 05- 4795 CIVIL TERM HAROLD M. FAKE, Defendant : JURY TRIAL DEMANDED : CIVIL ACTION - LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Elite Mobile Dial!I1ostic Services. LLC.. 1229 Monroe Avenue. Dunmore. PA 18509 (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 emplovment records. includinl!: emplovment application. salarv historv. work performance evaluations. etc.. for SUSAN Y. BRUBAKER. SS#299-58-1925. Date of Birth - December 15. 1955. at Boswell. Tintner. Piccola & Alford. 315 N. Front StreeUPO Box 741. Harrisburl!:. 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: Bril!:id O. Alford. Esouire ADDRESS: 315 N. Front StreeUPO Box 741 Harrisburl!:. PA 17108-0741 TELEPHONE: (717) 236-9377 SUPREME COURT ill #: 38590 ATTORNEY FOR: Defendant Fake BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk SUSAN Y. BRUBAKER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : No. 05- 4795 CIVIL TERM HAROLD M. FAKE, Defendant : JURY TRIAL DEMANDED : CIVIL ACTION - LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Select Medical Com. 4716 Old Gettvsburl! Road. PO Box 2034. Mechanicsburl!. PA 17055. (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 emplovment records. includinl! emplovment application. salarv historv. work performance evaluations. etc.. for SUSAN Y. BRUBAKER. SS#299-58-1925. Date of Birth - December 15.1955. at Boswell. Tintner. Piccola & Alford. 3I5 N. Front StreetIPO Box 74I. Harrisburl!, 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: Bril!id O. Alford. Esauire ADDRESS: 315 N. Front StreetIPO Box 741 Harrisburl!. PA 17108-0741 TELEPHONE: (717) 236-9377 SUPREME COURT ill #: 38590 ATTORNEY FOR: Defendant Fake BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk SUSAN Y. BRUBAKER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. : No. 05- 4795 CIVIL TERM HAROLD M. FAKE, Defendant : JURY TRIAL DEMANDED : CIVIL ACTION - LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Gold's Gvm. 3401 Hartzdale Drive. #101. Camo 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: Cooies of membershio records and attendance records for SUSAN Y. BRUBAKER. SS#299-58-1925. Date of Birth - December 15. 1955. Records reQuested are from .Tanuarv 1. 2004 throul!h Aoril26. 2006. at Boswell. Tintner. Piccola & Alford. 315 N. Front StreeUPO Box 741. Harrisburl!. 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: Bril!id O. Alford. ESQuire ADDRESS: 315 N. Front StreeUPO Box 741 Harrisburl!. PA 17108-0741 TELEPHONE: (717) 236-9377 SUPREME COURT ill #: 38590 ATTORNEY FOR: Defendant Fake BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk SUSAN Y. BRUBAKER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : No. 05- 4795 CIVIL TERM HAROLD M. FAKE, Defendant : JURY TRIAL DEMANDED : CIVIL ACTION - LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Familv Phvsician Associates. 1900 Bridl!e Street. New Cumberland. PA 17070 (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 anv and all medical records. indudinl! treatment notes. correspondence. referrals. x-rav reports. etc.. for SUSAN Y. BRUBAKER. SS#299-58-1925. Date of Birth - December 15. 1955. Records reauested are from .Tanuarv 1. 1985 throul!h April 26. 2006. at Boswell. Tintner. Piccola & Alford. 315 N. Front StreeUPO Box 741. Harrisburl!. 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. TillS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Brilrld O. Alford. Esauire ADDRESS: 315 N. Front StreeUPO Box 741 Harrisburl!. PA 17108-0741 TELEPHONE: (717) 236-9377 SUPREME COURT ill #: 38590 ATTORNEY FOR: Defendant Fake BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk SUSAN Y. BRUBAKER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. : No. 05- 4795 CIVIL TERM HAROLD M. FAKE, Defendant : JURY TRIAL DEMANDED : CIVIL ACTION - LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: West Shore Familv Practice. 550 N. 12'h Street. Lemovne, 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: Copies of any and all medical records. includinl!: treatment notes. correspondence. referrals, x-rav reports, etc" for SUSAN Y. BRUBAKER. 88#299-58-1925. Date of Birth - December 15, 1955. Records reQuested are from September 7. 2005 throul!:h April 26, 2006. at Boswell. Tintner. Piccola & Alford, 315 N. Front 8treet/PO Box 741. Harrisburl!:. 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: Bril!:id O. Alford, ESQuire ADDRESS: 315 N. Front Street/PO Box 741 Harrisburl!:, PA 17108-0741 TELEPHONE : (717) 236-9377 SUPREME COURT ill #: 38590 ATTORNEY FOR: Defendant Fake 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 Fake's Notice of Intent to Serve Subpoena to Produce Documents and Things for Discovery Pursuantto Rule 4009.21, by first-class United States mail upon the following at the address set forth below: Clark DeVere, Esquire METZGER, WICKERSHAM, KNAUSS & ERB, P.C. 3211 North Front Street, P.O. Box 5300 Harrisburg, PA 17110-0300 By: ~,'-~ Denise L. Foster, Paralegal DATE: April 26, 2006 U. ___I . CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Defendant Fake's Certificate Prerequisite, by first-class United States mail upon the following at the address set forth below: Clark DeVere, Esquire METZGER, WICKERSHAM, KNAUSS & ERB, P.C. 3211 North Front Street, P.O. Box 5300 Harrisburg, PA 17110-0300 By: A,~ Denise L. Foster, Paralegal DATE: May 8,2006 .--.' <,':.? (-:-~ C' '-.-'<" ...."'''' ~"'.'" -:...:. N W , , e: :~22 --v o 11 .-, :r:-n n1p 3,i~" ;~9, -t> oJ:) :..::c r :t:' ... METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, P A 1711 0-0300 (717) 238-8187 SUSAN Y. BRUBAKER, Plaintiff vs. HAROLD M. FAKE, Defendant Attorneys for Plaintiff Susan Y. Brubaker IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-479~ CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above captioned matter settled, discontinued and ended. Date: JulyJ5; 2006 358420-/ METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By ~;r~qUire I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, P A 1711 0-0300 (717) 238-8187 Attorneys for Plaintiff CERTIFICATE OF SERVICE AND NOW, I, Sandra K. Spade, of Metzger, Wickersham, Knauss & Erb, P.e., attorneys for Plaintiffs, hereby certify that I served the foregoing Praecipe to Settle, Discontinue and End this day by hand delivery by our representative in Harrisburg, Pennsylvania, addressed to: Harold M. Fake c/o Brigid Q. Alford, Esquire Boswell, Tintner, Piccolla & Alford 315 North Front Street Harrisburg, PA 17108-0741 Dated: ;- Js, 2006 ~1:-0 , Sandra K. S e 358420-/ r-,,' c; ( .. ~7]