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Home My WebLink About01-5255IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA BRENDA ANN TAGGART, Plaintiff VS. MARTHA C. PETERS, Defendant CIVIL ACTION NUMBER: JURY TRIAL DEMANDED NOTICE TO DEFEND TO: Martha C. Peters 4500 Spring Road Shermans Dale Perry County, PA YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within Twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money, property, or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Associations 2 Liberty Avenue Carlisle, Pa 17013 (717) 249-3166 Document #: 214566. ! IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA BRENDA ANN TAGGART, Plaintiff VS. MARTHA C. PETERS, Defendant CIVIL ACTION NUMBER: JURY TRIAL DEMANDED NOTICE TO DEFEND TO: Martha C. Peters 4500 Spring Road Shermans Dale Perry County, PA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la cone en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la cone tomara medidas y puede entrar una orden contra usted sin previo aviso a notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE 9PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Associations 2 Liberty Avenue Carlisle, Pa 17013 (717) 249-3166 Document#-214566.1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA BRENDA ANN TAGGART, Plaintiff VS. MARTHA C. PETERS, Defendant CIVIL ACTION NUMBER: JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Brenda Ann Taggart is an adult individual residing at 36 S. Middlesex Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant Martha C. Peters is an adult individual residing at 4500 Spring Road, Shermans Dale, Perry County, Pennsylvania. 3. Miller and Son's Inc., is a company with its principal place of business at 1189 Boiling Springs Road, Mechanicsburg, Cumberland County, Pennsylvania. 4. On March 8, 2000, Plaintiff Brenda Ann Taggart was the operator of a 1998 Chevrolet Astro owned by Miller and Son's Inc., and was at all times acting within the course and scope of her employment with Miller and Son's Inc. 5. On March 8, 2000, Defendant Martha C. Peters was the operator of a 1984 Cutlas Ciera Oldsmobile. 6. Plaintiff, Brenda Ann Taggart's vehicle was travelling west on Route 114 towards 1-81, in Cumberland County, Pennsylvania, and Defendant Martha C. Peters was Document #: 2145661 operating a 1984 Cutlas Ciera Oldsmobile east on Route 114, Cumberland County, Pennsylvania. 7. Plaintiff was travelling west on Route 114 when the Defendant suddenly and without warning made a left-hand turn in front of and directly into the path of the Plaintiff, causing the two vehicles to collide. 8. As a result of the aforesaid accident and collision, Plaintiff sustained various personal injuries, all or some of which may be permanent or chronic in nature, including but not limited to, an injury to her left shoulder and abdominal wall contusions. 9. As a result of the aforesaid accident and injuries, Plaintiff has incurred various medical expenses for physicians, hospitals, medical supplies, medications, therapy, and other medical treatment, and she will in the future continue to incur such medical expenses. 10. As a result of the aforesaid accident and injuries, Plaintiff has sustained a loss of income and may in the future continue to suffer a loss of income and a permanent impairment of her future earning capacity. 11. As a result of the aforesaid accident and injuries, Plaintiff has undergone emotional and mental distress and anguish, embarrassment and humiliation, and will in the future continue to undergo such mental distress and anguish, embarrassment and humiliation. 12. As a result of the aforesaid accident and injuries, Plaintiff has undergone much pain, suffering, inconvenience, lost of the enjoyment of life, and the loss of life's pleasures, and will in the future continue to suffer such losses. Document 14: 214566.1 13. As a result of the aforesaid accident and injuries, Plaintiff has sustained, or may in the future sustain, permanent scarring and disfigurement. 14. The aforesaid accident and injuries suffered by Plaintiff were the direct and proximate result of the negligence and carelessness of Defendant, as follows: (a) She failed to operate her vehicle at a safe and appropriate speed; (b) She failed to keep a proper lookout for other vehicles on the highway; (c) She failed to yield the right-of-way to Plaintiff; (d) She made a left-hand turn in front of Plaintiff when it was not safe to do so and when she was not able to proceed safely in front of Plaintiff; (e) She failed to keep her vehicle under control; (f) She failed to steer or stop her vehicle so as to avoid a collision with Plaintiff's vehicle; and (g) She failed to observe Plaintiff's vehicle. 15. Defendant is liable to Plaintiff for all of those damages sustained by Plaintiff, as set forth in the preceding paragraphs. Document #: 214566.1 WHEREFORE, Plaintiff demands judgment against Defendant in an amount exceeding that requiring submission to compulsory arbitration, plus costs. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Dated: August 31, 2001 BY: Edward E. Knauss, IV, Esquire Attorney I.D. No. 19919 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Attorneys for Plaintiff Document #' 214566.1 VERIFICATION ,do hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsificationto authorities. BRENDA ANN TAGGART'''~''~ Document #: 214566 1 OOLDBEHG. KATZMAN & SHIPMAN. P.C. GOLDBERG, KATZMAN & SHIPMAN, Jefferson J. Shipman, Esquire ID#: 51785 PO Box 1268 Harr,sburg, PA 17108-1268 (717) 234-4161 Fax: (717) 234 6810 Attorney for Defendant, Peters BRENDA ANN TAGGART, Plaintiff MARTHA C. PETERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5255 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DElq3LNDED PRAECIPE TO THE PROTHONOT]LRY: PLEASE enter the appearance of the undersigned on behalf of the Defendant, Martha C. Peters, in the above-captioned matter. 68970.1 GOLDBERG, KATZMA/q & SHIPMAN, P.C. ~!~son J. S~ipman, Esquire I.D. #: 51785 P.O. Box 2361 Harrisburg, PA 17108-1268 Attorneys for DefendanE CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, Pennsylvania, on ~,~1,~(. : in Harrisburg, Edward E. Knauss, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.O. Box 5300 Harrisburg, PA 17110-0300 Attorneys for Plaintiff PoC. 68971.1 GOLDBERG, KATZMAN & SHIPMkN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant C) GOLDBERG, KATZMAN & SHIPMAN, P.C. Jefferson J. Shipman, Esquire ID#: 51785 PO Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Fax: (717) 234-6810 Attorney for Defendant, Peters BRENDA/LN-N TAGGART, Plaintiff V. MARTHA C. PETERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-5255 CIVIL TERM : : CIVIL ACTION -LAW : JURY TRIAL DEM3~NDED NOTICE To THE PLAINTIFF: You are hereby notified to plead to within twenty {20) days from the date of service hereof, default judgment may be entered against you. 68960.1 the enclosed New Matter or a GOLDBERG, KATZMAN & SHIPMAN, P.C. Esquire P.O. Box 2361 Harrisburg, PA 17108-1268 Attorneys for Defendant GOLDBERG, KATZHAN & SHIPHAN, P.C. Jefferson J. Shipman, Esquire ID#: 51785 PO Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Fax: (717) 234-6810 Attorney for Defendant, Peters BRENDA A/~-N TAGGART, Plaintiff V. M3LRTHA C. PETERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-5255 CIVIL TERM : : CIVIL ACTION -LAW : JURY TRIAL DEMANDED ANSWER ANDNEWMATTER AND NOW, comes the Defendant, Martha C. Peters, by and through her counsel, Goldberg, Katzman & Shipman, P.C., and files the following A_nswer and New Matter: 1. Admitted. 2. Admitted. 3. Denied. After reasonable investigation, the Defendant, Martha C. Peters, is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 3. 4. Admitted in part, denied in part. It is admitted only that on March 8, 2000 Plaintiff, Brenda Ann Taggart, was the operator of a 1998 Chevrolet Astro. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as averments of Paragraph 4. 5. 6. 7. Admitted. Admitted. Denied. The to the truth of the remaining averments contained in Paragraph 7 are conclusions of a response is deemed to be required, therein are specifically denied. 8. Denied. After reasonable law and fact to which no response is required. the averments contained 10. Martha C. investigation, the Defendant, If Martha C. Peters, is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 8 relating to Plaintiff's alleged injuries. The same are therefore denied and strict proof demanded at the time of trial. 9. Denied. After reasonable investigation, the Defendant, Martha C. Peters, is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 9 relating to Plaintiff's alleged medical care. The same are therefore denied and strict proof demanded at the time of trial. Denied. After reasonable investigation, the Defendant, Peters, is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 10 relating to Plaintiff's alleged loss of income and the same are therefore denied and strict proof demanded at the time of trial. 11. Denied. Martha C. Peters, After reasonable investigation, the Defendant, is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 11 relating to Plaintiff's alleged emotional and mental distress and anguish, embarrassment and humiliation and the same are therefore denied and strict proof demanded at the time of trial. 12. Denied. After reasonable investigation, the Defendant, Martha C. Peters, is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 12 relating to Plaintiff's alleged pain, suffering, inconvenience, loss of enjoyment of life and loss of life's pleasures and the same are therefore denied and strict proof demanded at the time of trial. 13. Denied. After reasonable investigation, the Defendant, Martha C. Peters, is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 13 relating to Plaintiff's alleged scaring and disfigurement and the same are therefore denied and strict proof demanded at the time of trial. 3 14. Denied. subparagraphs (a) which no response The averments contained in Paragraph 14 and through (g) are conclusions of law and fact to is required. If a response is deemed to be required, denied. the averments contained therein are specifically (a) Denied. It is specifically denied that the Defendant failed to operate her vehicle at a safe and appropriate speed; (b) Denied. It is specifically denied that the Defendant failed to keep a proper look-out for other vehicles on the highway; (c) Denied. It is specifically denied that the Defendant failed to yield the right-of-way to Plaintiff; (d) Denied. It is specifically denied that the Defendant made a left hand turn in front of the Plaintiff when it was not safe to do so and when she was not able to proceed safely in front of the Plaintiff; (e) Denied. It is specifically denied that the Defendant failed to keep her vehicle under control; (f) Denied. It is specifically denied that the Defendant failed to steer or stop her vehicle so as to avoid a collision with the Plaintiff's vehicle; and 4 (g) Denied. It is specifically denied that the Defendant was negligent by allegedly failing to observe the Plaintiff's vehicle. 15. Denied. The averments contained in Paragraph 15 are conclusions of law and fact to which no response is required. WHEREFORE, the Defendant, Martha C. Peters, respectfully requests that judgment be entered in her favor and that Plaintiff's Complaint be dismissed with prejudice. NEW MATTER By way of further answer and reply the Defendant, Martha C. Peters, interposes the following New Matters: 16. That this action Pennsylvania Motor Vehicle C.S.A. §1701, et seq. is subject to the provisions of the Financial Responsibility Law, 75 Pa. the seq. 17. That the Plaintiff's claims may be limited or barred by "Limited Tort" Option, pursuant to 75 Pa. C.S.A. §1705, et 18. That if it should be found that there was any negligence on the part of the answering Defendant, Martha C. Peters, which negligence is expressly denied, any such negligence was not a proximate cause of any damages to the Plaintiff. 5 19. Complaint, those injuries injuries were caused in whole or in part by the negligence of the Plaintiff, and recovery in this action is barred or diminished in accordance with the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. §7102, seq. 20. following: If the Plaintiff suffered injuries as alleged in the e_ t That the negligence of the Plaintiff consisted of the (a) Failing to have her vehicle under proper and adequate control; (b) Failing to keep a proper look-out for other vehicles on the highway; (c) Failing to drive at a speed that was safe for the conditions then and there existing; (d) Failing to keep a proper distance from the vehicles ahead; and (e) Failing to bring her vehicle to a stop within the assured clear distance ahead. 21. That the Plaintiff's failure to exercise reasonable care for her own safety was a substantial factor in the happening of the accident. 6 WHEREFORE, requests that judgment be entered in her favor and that Plaintiff's Complaint be dismissed with prejudice. the Defendant, Martha C. Peters, respectfully 68951.1 Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. Jef~er~ J. Ship n, Esquire I.D! #: 51785 ~ P.O. Box 2361 Harrisburg, PA 17108-1268 Attorneys for Defendant 7 VERIFICATION I, Martha C. Defendant in this the facts stated therein are true knowledge, information and belief. I understand that any false subject to penalties of 18 Pa. C.S. Section unsworn falsification to authorities. Peters, hereby acknowledge that I am the action; that I have read the foregoing and that and correct to the best of my statements herein are made 4904, relating to Ma~th~-'C. Peters Date: fO//0 /dl 68961.1 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, Pennsylvania, on ,0 l ,O l ~' : in Harrisburg, Edward E. Knauss, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.O. Box 5300 Harrisburg, PA 17110-0300 Attorneys for Plaintiff PoC. 68971.1 GOLDBERG, KATZM3kN & SHIPMAN, P.C. J~ff~on J. Shaman, Esquire I~JD. #: 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA BRENDA ANN TAGGART, Plaintiff, MARTHA C. PETERS, Defendant; CIVIL ACTION - LAW NO. 01-5255 JURY TRIAL DEMANDED. REPLY OF PLAINTIFF TO NEW MATTER 16.-21. All these Paragraphs are denied as incorrect legal conclusions. Any facts are also specifically denied. WHEREFORE, Plaintiff demands that the New Matter be dismissed, and that judgmem be entered in her favor with costs. METZGER, WICKERSHAM, KNAUSS & ERB Edward E. Knauss, IV, Esquire Attorney I.D. No. 19199 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Document #: 217036.1 VERIFICATION I, Brenda Ann Taggart, do hereby verify that the facts set forth in the foregoing Reply to New Matter are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsificationto authorities. Date: Brenda Ann Taggart Document #: 217036~1 CERTIFICATE OF SERVICE I, Edward E. Knauss, IV, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, hereby certify that I served the Reply to New Matter this 12th day of October, 2001, by depositing the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Jefferson J. Shipman, Esquire Goldberg, Katzman & Shipman, P.C. P. O. Box 1268 Harrisburg, PA 17108 Edward E. Knauss, IV Document#:217036.1 Jefferson J. Shipman, Esquire I.D. #51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant, Martha C. Peters BRENDA ANN TAGGART, Plaintiff MARTHA C. PETERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5255 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with a copy of the subpoenas attached thereto, were mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; the twenty day notice period was waived by the party; (2) A copy of the Notice Of Intent, including the proposed subpoenas, are attached to this Certificate; (3) No objection to the subpoenas has been received; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. GOLDBERG~ By :MAN & SHIPMAN Jeffi 'son J. Shipman, Esquire I.D. No. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 Attorney for Defendant Date: /ti)no] 0 / CERTIFICATE OF SERVICE I HEREBY CERT~Y that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the / 3'~/' day of ~0 ~e r~ ~ r~ ,2001, addressed as follows: Edward E. Knauss, IV, Esquire METZGER, WICKERSHAM KNAUSS & ERB P.O. Box 5300 Harrisburg, PA 17110-0300 GOLDBE~TZMAN & SHIP1VI~ J I.D. No. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 Attorney for Defendant Jefferson J. Shipman, Esquire I.D. #51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg. PA 17108-1268 (717) 234-4161 Counsel for Defendant, Martha C. Peters BRENDA ANN TAGGART, Plaintiff MARTHA C. PETERS, Defendant 1N THE COURT OF CO1V[MON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5255 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Brenda Ann Taggart and Edward E. Knauss, IV, Esquire METZGER, WICKERSHAM KNAUSS & ERB P.O. Box 5300 Harrisburg, PA 17110-0300 PLEASE TAKE NOTICE that Defendant intends to serve four (4) subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. GOLDBERG, KATZMAN & SHIPMAN By Jefferson J. Shipman, Esquire I.D. No. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 Attorney for Defendant Date: CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a tree and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, certified, postage prepaid, at Harrisburg, Pennsylvania, on the ~q,h day of/Vd g e ~ 0 e/' , 2001, addressed as follows: Edward E Knauss, IV, Esquire METZGER, WICKERSHAM KNAUSS & ERB P.O. Box 5300 Harrisburg, PA 17110-0300 GOLDBER.~ATZMAN & SHIPMA~ J I.D. No. 51785 ' ::: · :i:~::-'~" i' 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 Attorney for Defendant Brenda Ann Taggart, Plaintiff Martha C. Peters, Defendant ~TH OF P~-~/SVANIA File No. 01-5255 TO: _SU~. POENA TO PROOUCE DO3LIMENTS OR ll-II ~ F~O~ DISOOVERY PURSUANT TO RULE 4009.22 Appalachian Orthopedic Center (Name of Person c~ Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doctl~e~ts or things: any and all medical records, reports, correspondence, diaEnostic test results, physical therapy reports, x-ray reports, emergency room ~oras pertatninE to Brenda Ann Taggert DOB 12/13/46 SS# 262-76-2225 at G~ldberg, Katzman & Shipman, 320 Market Street, P.O. Box 1268, HarrisSurg, PA I7108-1268 (&ddress) You may deliver or mail legible collies of the doccrnents or produce things requested by this subpoena, together with the certificate of cc~npliance, to the Perry making this request at the addreas listed above. You have the right to seek in adva~,ce the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the doc~nents or things required by this subpoena within twenty (20) days after i~s service, the party serving this subpoermmay seek a court order cc~el]ir:g you to c~,~ly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman, Esquire ADORESS: 320 Market Street, P.O. Box 1768 Harrisburg,_pA 17108-1268 TELEPHONE: (717) 234-416! SUPREP~COURT ID # 51785 ATTORNEy FOR: Defendant Seal of the'Court BY__THE COURT: /~ rotho~otary/~lerk~i 10ivision Deputy (Elf. 7/97) Brenda Ann Taggart, Plaintiff V. Martha C. Peters, Defendant CO6~DNWEAL~ OF P~4SYLVANIA COONTY OF ~ File NO. 01-5255 TO: ~S~JBPOENA TO PROOOCE ~NTS O~ TH II'~"~; F__FOR DISOOVER~PURSUANT TO _RJJLE 4009.22 Three Springs Family Practice (Name of Person o~ Entity) Within twenty (20) days after service of this subpoena, you a~e o~demed by the COUrt to produce the following doctrne~ts o~ things: any and all medical records, reports, correspondence, diagnostic test results, physical therapy reports, x-ray reports, emergency room recOrds-- pertaining to Brenda Ann Taggart DOB 12/]3/46 SS# 262-76-2225 at Goldberg, Katzman & Shipman, 320 Market Street, P.O. Box 1268, Harrisburg, PA 1710~- (&ddress) You may de]ive~ o~ mail legible co(3ies of the docLrnents o~ produce things ~equested by this subpoena, together with the certificate of ex. fiance, 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 docunents or things required by this subpoena within twenty (20) days after its service, the party serving this subpo~',amay seek a court order compelling you to c~,~]y with it. THIS SUBPOENA WAS ISSUED AT ~HE RE(~ST OF THE FOLLOWING PERSON: NAME:~Jefferson j. Shipman, Esquire ADOR£SS:---33J/~Market Street~ P.O. Box 1268 Harrisburg, B~ 17108-1268 TELEPH~4E: (?~?) 7~4--416] SUPREt~cOU~T ID # 51785 A~-rO~NEY FO~: Defendant Sea] of the . Prothonotary~Cler~Civi I Division (Elf. 7/97) Brenda Ann Taggart, : Plaintiff : : File No. Martha C. Peters, : Defendant : 01-5255 TO: Carlisle Hospital SUBPOENA TO PROOU(~ D(X~tJMENTS OR THII~. _FOR DISCOVERY PURSUANT TO RULE 4009.22 (Name of Person o~ Entity) Within twenty (20) days afte~ service of this subpoena, you a~e o~de~ed by ~e ~t to p~ce the fo]]~jn9 ~ts ~ things: any and all medical records, reports, correspondence, --~~ultm. physical therapy reports~ x-ray reports~ emergency ,oom records p~r~mln~ng ~o Br~nHm Ann Tm~art DOB 12/13/46 SS~ 262-76-2225 at Goldberg. Katzmen & Shipman ~ 320 Market Street, P.O. Box 1268, HarrisbuFg, PA 17108-1268 (~ress) Y~ ~y de]iv~ ~ ~1 legible ~ of the ~nts ~ pr~uce things request~ by this sub--a, ~eth~ with the c~tif~te of ~,~li~e, to the p~ty ~kin~ this r~uest at the address list~ ~ve. Y~ have the ri~t to s~k in adv~ the rees~e cost o~ prepping the ~ies ~ pr~ucin~ the thin~s s~ght. If y~ fail ~ pr~u~ the ~ts ~ ~i~s re~ir~ by ~is sub~a within tw~ty (20) days aft~ ~[s s~vice, the p~ty s~vi~ this s~r~a ~y s~k a ~rt ~d~ THIS SUBPOENA WAS ISSUED AT THE REQUEST OF ~HE FOLLOWING PERSON: NAME: Jefferson J. Shipman, Esquire AOORESS: 320 Market Street, P.O. Box 1268 Harrisburg, PA 17108-1268 TELEPHONE: (717) 234-4161 SUPREI'[COJRT ID # 51785 ATTORNEY FOR: Defendant OATE :_ Seal of the C~.t - BY ~ COURT: /~ Prothonota~y/Cle~5~vil Division / Deputy (Elf. 7/97) Brenda Ann Taggert, Plaintiff Martha C. Peters, Defendant CO5~T~ OF P]~VANIA OOONTYOFO3~ File No. 01-5255 SUBPOENA TO PRODUCE ~NTS O~ TH IN(%q FOR D ISOOVERY PURSUANT TO RULE 4009_. 2___22 TO:Miller & Sons, Inc. (Name of Person o~ Entity) Within twenty (20) days after service of this subpoena, you are ordered by the COUrt to tnr~d ~otrhaen~u°~,°w~f~e~nt' tTmethings: an~l__~.employment records, reports, files s P ' · ' and attendance records, personnel reco~-~s, P~nd salar) re_~p_p_rts, medical records as an employee, workers' compensation file pertaining to Brenda Ann at ~oldberg, Katzman & Shipman, 320 Market St.,P.O. Box 1268 T~s=~L--D~D~ 12/~3/46 ....... SS# 262-76-2225 (~ddress) g~rrzsburg, ~A ~/luo-zzoo Yo~ may deliver or mai] legible cooies of the doccments or p~oduce things mequested by this subpoena, together with the certificate of c~]iance, to the party making this request at the addreas listed above. You have the Pight to seek in advam, ce the reasonable cost oF prepa~ing the copies or producing the things sought. If you fail to produce the docunents or things Pequired by this subpoen~ within twenty (20) days afte~ i~s service, the party serving this subpoem may seek a court order cca%6e]]ir;g you to c~]y with it. THIS SUBPOENA WAS ISS%~ AT THE REQUEST OF ~ FOLLOWING PERSON: NA~:~{~TRnn I. Rhipm~n, Esquire AD'ESS: 320 Market Street, P.O. Box 12~8 Harrisburg, PA 17108-1268 TELEPI~E:(717) 234-4161 SUP~E~ CO~T ID # 51785 A~TO~NEy FO~: Defendant Sea] of the do~.-t (Eff. 7/97) Jefferson J. Shipman, Esquire I.D. #51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant, Martha C. Peters BRENDA ANN TAGGART, Plaintiff MARTHA C. PETERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5255 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE To: Records Custodian, Appalachian Orthopedic Center: You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR TI~ING~ information PURSUANT TO RULE 4009,2-~ certify to the best of my knowledge, and belief that all documents or things required to be produced pursuant to the subpoena issued on November 6, 2001 have been produced. Date: Records Custodian Jefferson J. Shipman, Esquire I.D. #51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant, Martha C. Peters BRENDA ANN TAGGART, Plaintiff MARTHA C. PETERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5255 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE To: Records Custodian, Three Springs Family Practice: You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS information PURSUANT TO RULE 4009,~3 certify to the best of my knowledge, and belief that all documents or things required to be produced pursuant to the subpoena issued on November 6, 2001 have been produced. Date: Records Custodian Jefferson J. Shipman, Esquire I.D. #51785 GOLDBERG, KATZMAN & SHIPMAN, P,C, 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant, Martha C. Peters BRENDA ANN TAGGART, Plaintiff MARTHA C. PETERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 01-5255 CIVIL ACTION - LAW JURY TR./AL DEMANDED NOTICE To: Records Custodian, Carlisle Hospital: You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009,~a I, certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on November 6, 2001 have been produced. Date: Records Custodian Jefferson J. Shipman, Esquire I.D. #51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant, Martha C. Peters BRENDA ANN TAGGART, Plaintiff MARTHA C. PETERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5255 CIVIL ACTION - LAW JURY TRIAL DEMANDED To: Records Custodian, Miller & Sons, Inc.: You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.~:~ I, certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on November 6, 2001 have been produced. (Date o f Subpoena) Date: Records Custodian PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the following case: (Check one) ( X ) for JURY trial at the next term of civil court. ( ) for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) (check one) ( X ) Civil Action - Law BRENDA ANN TAGGART, vs. MARTHA C. PETERS, vs. No. 01-5255 (Plaintiff) (Defendant) ( ) ( ) Appeal from Arbitration (other) The trial list will be called on February 12, 2002. Trials commence on March 11, 2002. Pretrials will be held on Feb. 20, 2002. Briefs are due 5 days before pretfials. The party listing this ease for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to Local Rule 214.1. Indicate the attorney who will try case for the party who files this praecipe: Edward E. Knauss, IV, Esquire Indicate trial counsel for other parties if known: Jefferson J. Shipman, Esquire This case is ready for trial. Signed: Print Name: Edward E. Knauss, IV Date: January 2, 2002 Attorney for: Plaintiff NO. 9 BRENDA ANN TAGGART, Plaintiff VS. MARTHA C. PETERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5255 CIVIL CIVIL ACTION ~ LAW IN RE: PRETRIAL CONFERENCE Present at a pretrial conference held February 20, 2002, were Edward E. Knauss, IV, Esquire, attorney for the plaintiff, and Jefferson J. Shipman, Esquire, attorney for the defendant. This case arises out of an accident which occurred on March 8, 2000, on State Route 114 in Silver Spring Township, Cumberland County, Pennsylvania. The accident occurred at the intersection of 114 and Sporting Green Drive, which is the entrance to the Wal-Mart Shopping Center offthe Carlisle Pike. A vehicle driven by the defendant made a left turn in front of the plaintiff causing a collision. Mr. Shipman was not prepared to stipulate with regard to the matter of negligence at the pretrial conference. This otherwise uncomplicated trial should be of no more than two a~d one-half days' duration. Both Mr. Knauss and Mr. Shipman have other cases on the civil list which have been held over from the last term and which, presumably, have priority. Febrnary 20, 2002 K/~A. Hess, J. Edward E. Knauss, IV, Esquire For the Plaintiff Jefferson J. Shipman, Esquire For the Defendant Court Administrator :rim IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA BRENDA ANN TAGGART, Plaintiff, Vo MARTHA C. PETERS, Defendant; CIVIL ACTION - LAW NO. 01-5255 JURY TRIAL DEMANDED. PRAECIPE FOR SETTLEMENT AND DISCONTINUANCE To the Prothonotary: Please mark the above case settled and discontinued. Dated: Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Edward E. Knauss, IV Attorney I.D. No. 19199 3211 North Front Street P. O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff