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HomeMy WebLinkAbout06-0009 IN THE COURT OF COMMON PLEAS MERLAND COUNTY, PENNSYLVANIA No. 6L OL Civil Action - Law JAMES KELVIN HOLT BRANDON N. THOMAS, 2503 Duke Street a/k/a BRADLEY THOMAS Harrisburg, Pennsylvania, 17111,: 6 Edgewood Drive Mechanicsburg, PA, 17055, and versus and ANDREA HOLT CATHERINE THOMAS 2503 Duke Street 6 Edgewood Drive Harrisburg, Pennsylvania, 17111,: Mechanicsburg, PA, 17055, Plaintiffs : Defendants PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a Writ of Summons in the above captioned action. Writ of Summons shall be issued and forwarded to Sheriff for service. Christian C. Hugel, Esquire 502 Market Street Signature of Attorney Lemoyne, PA 17043 (717) 737-5255 Supreme Court ID No. 76062 Attorney for Plaintiffs Date: January 3, 2006 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Date: Iy? _ 'r'e 'il 1(??() f ? _,_ ?y[, ` _ " ? °' ? ? ? ?C ? ? r' 1{ U - . `\ ?h.?r,? CASE NO: 2006-00009 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOLT JAMES KELVIN ET AL VS THOMAS BRANDON N ET DOUGLAS RUZANSKI , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon THOMAS BRANDON N AKA BRADLEY THOMAS the DEFENDANT at 1624:00 HOURS, on the 6th day of January , 2006 at 6 EDGEWOOD DRIVE MECHANICSBURG, PA 17055 by handing to BRADLEY THOMAS. SON a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.56 Postage .39 Surcharge 10.00 .00 38.95 Sworn and Subscribed to before me this j? day of A.D. Pr not ry So Answers: ?i R. Thomas Kline 01/09/2006 CHRISTIAN C HUGEL By: SHERIFF'S RETURN - REGULAR CASE NO: 2006-00009 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOLT JAMES KELVIN ET AL VS THOMAS BRANDON N ET AL DOUGLAS RUZANSKI , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS THOMAS CATHERINE was served upon DEFENDANT the , at 1624:00 HOURS, on the 6th day of January , 2006 at 6 EDGEWOOD DRIVE MECHANICSBURG, PA 17055 by handinc to BRADLEY THOMAS, SON a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this )I day of -9o A. D. ..e tU2 Pro otar So Answers: R. Thomas Kline 01/09/2006 CHRISTIAN C HUGEL By: Deput Sh ff ?i THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants TO THE PROTHONOTARY: CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED ENTRY OF APPEARANCE W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants Kindly enter the appearance of W. Darren Powell, Esquire on behalf of Defendants Brandon N. Thomas, a/k/a Bradley Thomas, and Catherine Thomas in the above- referenced matter. Attorney for Defendants Date:?.? ??? (? I.V. IYUIIIUU1. UVOVJ 305 North Front Street, P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 CERTIFICATE OF SERVICE I, Kate A. Wilhelm, a paralegal of Thomas, Thomas & Hafer, LLP, hereby certify that a copy of the foregoing document was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Christian C. Hugel, Esquire 502 Market Street Lemoyne, PA 17043 THOMAS, THOMAS & HAFER, LLP Tate A. W helm Dated: 2 r' ? ' (Y ?? -t ?,} THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED PRAECIPE AND RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Kindly enter a Rule upon the Plaintiffs in the above matter to file a Complaint within twenty (20) days after service of the Rule or suffer Judgment of Non Pros. Date: THOMA AFER owe , Attorneys for Defendant RULE TO FILE A COMPLAINT AND NOW this day of 2000, a Rule is entered upon the Plaintiffs to file a Complaint within twenty (20) days after service of the Rule, or suffer Judgment of Non Pros. Date ??y?$'f By - Prot notary '' CERTIFICATE OF SERVICE I, Kate A. Wilhelm, a paralegal of the law firm of Thomas, Thomas and Hafer, hereby certify that a copy of the foregoing document was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Christian C. Hugel, Esquire 502 Market Street Lemoyne, PA 17043 TWOMAS, HOMASA HAFER, LLP K elm Date d: 2???? ?.?. _a -, ., r7 JAMES KELVIN HOLT, and ANDREA HOLT, Plaintiffs vs. BRANDON K. THOMAS, a/k/a BRADLEY THOMAS, and CATHERINE THOMAS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-9 CIVIL ACTION- LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 s. Bedford Street Carlisle, PA 17013 (717) 249-3166 NOTICIA LE HAN DEMANDADO USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y notificaci6n. Usted debe presenter una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defenses o sus objeciones a has demandas en contra de us persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivicio que es pedido en In peticion de demanda. Usted puede perder dinero os sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENNE UN 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 A VERIGUAR DONDE SE PUEDO CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 s. Bedford Street Carlisle, PA 17013 (717) 249-3166 Christian C. Hugel, Esquire I.D. No. 76062 Law Offices of Christian C. Hugel 502 Market Street Lemoyne, PA 17043 (717) 737-5255 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS )MBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, No. 06-9 Plaintiffs V. CIVIL ACTION - LAW BRANDON N. THOMAS, a/k/a BRADLEY THOMAS, and CATHERINE THOMAS, JURY TRIAL DEMAND Defendants COMPLAINT AND NOW COMES, Plaintiffs, James Kelvin Holt and Andrea Holt, by and through their attorney, Christian C. Hugel, Esquire, and respectfully aver the following: 1. Plaintiffs James Kelvin Holt and Andrea Holt are adult individuals, married to each other, and residing at 2503 Duke Street, Harrisburg, Dauphin County, Pennsylvania, 17104. 2. Defendant Brandon N. Thomas, a/k/a Bradley Thomas, is an adult individual residing at 6 Edgewood Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Defendant Catherine Thomas, is an adult individual residing at 6 Edgewood Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 4. At the time of the incidents complained of herein, Defendant Brandon N. Thomas, a/k/a Bradley Thomas was under the age of 18, and therefore, a minor. 5. On January 15, 2004, at or about 2:00 p.m., Defendant Brandon N. Thomas, a/k/a Bradley Thomas, was operating a motor vehicle with VIN 1G1JC5117K7106416, traveling westbound on Maclay Street approaching North 7th Street, in Harrisburg, Pennsylvania. 6. At said time, Plaintiff James Kelvin Holt was operating a motor vehicle with VIN 1G6AS6988EE837490, traveling eastbound on Maclay Street approaching North 7th Street, in Harrisburg, Pennsylvania. 7. On January 15, 2004, at or about 2:00 p.m., Defendant Brandon N. Thomas, a/k/a Bradley Thomas, made an illegal left turn into the path of Plaintiff James Kelvin Holt's vehicle causing a collision between the two vehicles. 8. A "No Left Turn" sign is properly posted at the intersection in question. 9. Defendant Brandon N. Thomas, a/k/a Bradley Thomas, was issued a citation, plead guilty to the charges, and paid the appropriate fine. 10. Defendant Brandon N. Thomas, a/k/a Bradley Thomas, a minor at the time, was using a vehicle owned by Defendant Catherine Thomas with the permission of Defendant. Catherine Thomas. 11. This accident resulted from the negligence and recklessness of Defendant Brandon N. Thomas, a/k/a Bradley Thomas, and Defendant Catherine Thomas and was due in no manner whatsoever to any act or failure to act on the part of Plaintiff James Kelvin Holt. 12. The negligence and recklessness of Defendant Brandon N. Thomas, a/k/a Bradley Thomas, and Defendant Catherine Thomas consisted of the following: a. Failure to properly operate and control their motor vehicle. b. Failure to obey traffic control devices. C. Operation of their motor vehicle without due regard for the rights, safety, and position of the Plaintiff at the point aforesaid. d. Operating their vehicle in violation of the statutes of the Commonwealth of Pennsylvania pertaining to the operation of vehicles on streets and highways. e. Failure to keep a reasonable and proper look out for other vehicles on the streets or highways. f. Failing to exercise a degree of care, caution, and skill reasonably required under the circumstances. g. Failing to notice Plaintiff's vehicle. h. Failing to have their vehicle under control so as to prevent their vehicle from striking Plaintiff's vehicle. i. Failure to yield to oncoming traffic. 13. As a result of this accident, Plaintiff James Kelvin Holt, who was the restrained driver of a very low mileage 1984 Cadillac in pristine condition, was transported by ambulance to the hospital for treatment of multiple traumatic :injuries, which injuries are or may be permanent, and which are serious, including injuries to his back, excruciating pain, depression, anxiety, inability to walk normally, inability to work, sleeping disorders, and inability to care for his wife and children. 14. As a further result of this accident, Plaintiff James Kelvin Holt has been obliged to receive and undergo hospitalization, medical attention and care, and to incur various expenses associated with his treatment and convalescence. In addition, Plaintiff is totally unemployable, is disabled, and has lost wages. 15. As a further result of this accident, Plaintiff James Kelvin Holt has suffered severe physical and mental anguish, inconvenience, humiliation, loss of life's pleasures, and may continue to suffer the same permanently and/or for an indefinite time into the future. 16. As a result of this accident, Plaintiff Andrea Holt has suffered from the loss of life's normal relations with her husband, severe mental anguish, and has been forced to quit her job to care for her ailing husband and her children. 17. As a result of this accident, Plaintiff Andrea Holt has lost wages. WHEREFORE, Plaintiff's demand judgment against Defendants in an amount in excess of $50,000.00, plus interest and costs of suit, and in excess of any amount requiring compulsory arbitration. Respectfully submitted, Date: 3 31" Christian C. Hugel, Esquire I.D. No. 76062 Law Offices of Christian C. Hugel 502 Market Street Lemoyne, PA 17043 (717) 737-5255 Attorney for Plaintiffs I, James K. Holt, Plaintiff in the within matter, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. The undersigned understands that false statements therein are subject to the penalties of 18 Pa. C.S. 44904, relating to unsworn falsification to authorities. 31 3 P l06 Date: ? James K. Holt CERTIFICATE OF SERVICE I, Christian C. Hugel, Esquire, hereby certify that the foregoing Complaint was served this date by depositing a true and correct copy of same in first class U.S. Mail, postage prepaid, addressed as follows: BRANDON N. THOMAS, 6 Edgewood Drive Mechanicsburg, PA, 17055 Catherine Thomas 6 Edgewood Drive Mechanicsburg, PA, 17055 W. Darren Powell, Esquire 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 Dated: L/ C? v Christian C. Hugel, Esquire ?l rc"' r 7 -> Cl ??' r -? =_? r»- -c: ??! ? ca ?; . ' -,. ;.,?; `r{ . ? , THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants To: Plaintiffs CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED NOTICE TO PLEAD W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. Date: 7//1/0 By: W. Darr I.D. No. 68953 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7154 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED ANSWER AND NEW MATTER AND NOW, comes Defendants Brandon N. Thomas a/k/a Bradley Thomas and Catherine Thomas, by and through their attorney, W. Darren Powell, Esquire and files this Answer with New Matter to Plaintiffs Complaint, stating and averring as follows: 1. Denied. After reasonable investigation Answering Defendants are without sufficient information to form a belief as to the truth or veracity of these averments and, therefore, the same are denied. 2. Admitted in part, denied in part. It is admitted that Defendant Brandon N. Thomas is an adult individual residing at said address. It is denied that Brandon N. Thomas is otherwise known as or has ever been otherwise known as Bradley Thomas. 3. Admitted. 4. Denied. 5. Denied. 6. Denied pursuant to Pa. R.C.P. 1029(e). 7. Denied. 8. Denied pursuant to Pa. R.C.O. 1029(e). 9. Denied. 10. Admitted in part, denied in part. It is admitted only that the referenced vehicle was owned by Defendant Catherine Thomas. 11. Denied. 12. Denied. I 13. Denied pursuant to Pa. R.C.P. 1029(e). 14. Denied pursuant to Pa. R.C.P. 1029(e). 15. Denied pursuant to Pa. R.C.P. 1029(e). 16. Denied pursuant to Pa. R.C.P. 1029(e). 17. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendants re spectfu lly demand that judgment be entered in their favor and that Plaintiffs Complaint be dismissed, with prejudice. NEW MATTER 18. Defendants Brandon N. Thomas and Catherine Thomas are adult individuals, husband and wife, residing at 6 Edgewood Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 19. At all times relevant hereto, Catherine Thomas was the owner of a 1989 Chevrolet Cavalier with a Vin# 1G1JC5117K7106416. 20. On the date of this accident, January 15, 2004 the Cavalier was being operated by the Defendants' adult son, Bradley Thomas, as evidenced by the Harrisburg Area Police Report. A copy of said report is attached hereto and marked Exhibit "A". 21. Neither Defendant Brandon N. Thomas or Catherine Thomas were operating the vehicle in question nor were they occupants of the vehicle in question. 22. Plaintiffs Complaint fails to set forth a cause of action against Defendant Brandon N. Thomas. 23. Plaintiffs Complaint fails to set forth a cause of action against Defendant Catherine Thomas. 24. Plaintiffs claims may be barred and/or diminished by the applicable Statute of Limitations. 25. Plaintiffs claims and/or damages may be diminished or barred pursuant to the applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 26. Plaintiffs suffered damages and harm as described in their Complaint, said damages and/or losses are the result of others, not Defendants Brandon N. or Catherine Thomas. WHEREFORE, Defendants Brandon N. Thomas and Catherine Thomas respectfully demand that judgment be entered against Plaintiffs and that Plaintiffs Complaint be dismissed with prejudice. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: 1 Poo Attorney I.D. No. 68953 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Attorney for Defendants ???Sbt? ? METRO THE HARRISBURG POLICE INFORMATION RESOUOSYSTEM (CRSIPINC) PAGE: 1 CRASH REPORT 01/29/04 MZC1 HD21 CRASH NUMBER: F0003448 INCIDENT NUMBER: 20040107235 HBG CASE CLOSED: Y ------------------------------------------------------------------------------ AGENCY: 22301 HARRISBURG CITY DISP-TM: 1408 ARRV-TM: 1413 PATROL-ZN: 319 PRECINCT: 123 WALNUT ST INV-DT: 01-15-2004 INVESTIGATOR: LYDA, RAYMOND R BADG: 0128 APP-DT: 01-22-2004 REVIEWER: KARLSEN, CLIFFORD A BADE: 0510 COUNTY. 22 DAUPHIN MUNICIPALITY: 301 HARRISBURG CITY CRS-DT: 01-15-2004 TM: 1404 #UNIT: 2 #PEOP: 2 #INJ: 1 #KILL: REPORTABLE: Y NOTIF HIWY MAINT: N PENNDOT PROP: N SCH BUS RELATED: N SCH ZON RELATED: N FOLLOW UP: N CITY PROP DAM: Z CRASH DESC: 4 REL TO RDWY: 1 ILLUM: 1 WEATHER: 1 INTERS TYP: 01 SPEC LOC: 0 SPEC JURIS: PRINC RD - CNTY: STR NM: INSEC RD - CNTY: STR NM: LANDMARKS - RT#: STR NM: LANDMARK2 - RT#: STR NM: 22 RT#: SEG: MACLAY ST ST 22 RT#: SEG: N 7TH ST ST MILEPOST: 0000 MILEPOST: 0000 RDWY SURF COND: 0 RDWY SURF TYPE: #LNS: 02 SPD LIM: 25 HOUSE#: #LNS: 03 SPD LIM: 25 SEG MARKER: DIST FR CRASH - FT: SBG MARKER: ORIENT: E RT S ORIENT. N RT SIGN: 4 ORIENT: MI: .0 ORIENT: TRAF CONTROL DEVICE TYPE: 2 FUNCTIONING: 3 WORK ZONE - TYP: 0 LOC: SPEED LIM: WORKERS PRES: LN CLOS: RD CL/DETOUR: SHLD/MED WK: MOVING WK: FLAGGER: OTHER: LANE CLOSED DUE TO CRS: 0 DIRECT: TRAF DETOUR: EST TM CLOSE: FIRST HARMFUL EV: 02 UN#: Ol MOST HARMFUL EV: 02 UN#: 01 ENV/RDWY FACTORS: OD PRIME FACTOR: D 05 UN#: 02 EMERGENCY TRANSPORT - EMS AGENCY: SUSQUEHANNA TWP EMS MED FACILITY: HBG HOSPITAL UNIT 1 WAS TRAVELING EASTBOUND IN THE 600 BLK OF MACLAY ST. UNIT 2 WAS TRAVELING WESTBOUND IN THE 700 BLK OF MACLAY ST. AS UNIT 1 APPROACHED THE INTERSECTION AT N 77H ST AND ENTERED THE INTERSECTION ON A GREEN SIGNAL, UNIT 2 CROSSED IT'S PATH OF TRAVEL. UNIT 1 WAS NOT ABLE TO STOP IN TIME TO AVOID THE CRASH. OPERATOR WAS TRANSPORTED TO HBG HOSPITAL VIA AMBULANCE. UNIT 1 WAS TOWED FROM THE SCENE BY DON'S TOWING SERVICE. UNIT 2 APPROACHED N 7TH ST AND MADE A ILLEGAL LEFT TURN ONTO N 7TH ST, CROSSING INTO THE PATH OF TRAVEL OF UNIT 1. NO REPORTED INJURIES TO THE OPERATOR OF UNIT 2. UNIT 2 WAS DRIVEABLE. UNIT 2 WILL BE FOUND AT FAULT FOR THE ILLEGAL LEFT TURN. NO TURN SIGN IS PROPERLY POSTED BESIDE THE TRAFFIC CONTROL SIGNAL. CITATION WILL BE ISSUED BY SUMMONS. METRO THE HARRISBURG POLICE INFORMATION RESOUPSYSTEM (CRSIPINC) PAGE: 2 CRASH REPORT 01/29/04 MZC1 M21 CRASH NUMBER: F0003448 INCIDENT NUMBER: 20040107235 HBG ------------------------------------------------------------------------------ UNIT NUMBER: 01 TYPE: 01 COMMERCIAL VEH: N OWNR NAME: HOLT JAMES K 7175640298 OWNR ADDR: 2503 DUKE ST HBG PA 17104 VIN: 1G6AS6988EE837490 YR: 1984 MAKE: 19 LIC PLATE: DXE0698 PA TRAV SPA: 999 INS CO,PO,PH: TOW TO,BY,PH: # TRL UNITS: VEHICLE COL: INIT IMP PT: ALCOH,DRG SUSP: OWNER/DVR CD: PROGRESSIVE INS 1128 JONESTOWN RD, 0 TYP UNIT: TYP UNIT: 03 TYP: 01 12 DAMAGE: 2 DIR 1 TEST TYP: 0 01 DVR PRESENCE: VIOLATION CD: HARM EVENT 1: 02 L/R: MHE: HARM EVENT 2: L/R: MHE: HARM EVENT 3: L/R: MHE: HARM EVENT 4: L/R: MHE: VEH FAILURES: 00 (45F1) DVR RESTRICTIONS COMPL: AVOIDANCE MANEUVER: DRUG TEST TYPE: 57187284-1 HBG 17 DON'S AND SON'S TOWING TAG NO,YR,ST: TAG NO,YR,ST: SPEC USAGE: 00 TRAV: E MOVEMENT: RESULT: 1 PEDESTRIAN CHARGED. 7172342188 ROLE: 1 POSITION: 01 01 GRAD. 1 ALIGNM: 1 PHYSICAL COND: 0 SIGNAL: PED LOC: Y UTIL POLE#: UTIL POLE#: UTIL POLE#: UTIL POLE#: DVR ENDORSEMENT COMPL: UNDER RIDE INDICATOR: RESULTS: DRIVER ACTION 1: 00 DRIVER ACTION 2: DRIVER ACTION 3: DRIVER ACTION 4: PEDEST ACTION DVR LICENSE COMPL: EMERGENCY USE: PRINCIPLE IMPACT PT: ------------------------------------------------------------------------------ UNIT NUMBER: 02 TYPE: 01 COMMERCIAL VEX: N OWNR NAME: THOMAS CATHERINE G 7177667614 OWNR ADDR: 6 EDGEWOOD DR MECHANICSBURG PA 17055 VIN: 1G1JC5117K7106416 YR: 1989 MAKE: 20 LIC PLATE: EHK1214 PA TRAY SPD: 999 INS CO,PO,PH: GE AUTO AND HOME ASSUR. 576204990 TOW TO,BY,PH: # TRL UNITS: VEHICLE COL: INIT IMP PT: ALCOH,DRG SUSP: OWNER/DVR CD: VIOLATION CD: HARM EVENT 1: HARM EVENT 2: HARM EVENT 3.. HARM EVENT 4: VEH FAILURES: 0 TYP UNIT: TAG NO,YR,ST: TYP UNIT: TAG NO,YR,ST: 01 TYP: 01 SPEC USAGE: 00 01 DAMAGE: 1 DIR TRAV: W MOVEMENT: 1 TEST TYP: 0 RESULT: 01 DVR PRESENCE: 1 PEDESTRIAN 75 3111 A CHARGED: Y 11 L/R: MRS: Y UTIL POLE#: L/R: MHE: UTIL POLE#: L/R: MHE: UTIL POLE#: L/R: MHE: UTIL POLE#: 00 ROLE: 2 POSITION: 07 12 GRAD: 1 ALIGNM: 1 PHYSICAL COND: 0 SIGNAL: PED LOC: DRIVER ACTION 1: 05 DRIVER ACTION 2: DRIVER ACTION 3: DRIVER ACTION 4: PEDEST ACTION DVR LICENSE COMPL: EMERGENCY USE: PRINCIPLE IMPACT PT: (45F1) DVR RESTRICTIONS COMPL: DVR ENDORSEMENT COMPL: AVOIDANCE MANEUVER: UNDER RIDE INDICATOR: DRUG TEST TYPE: RESULTS: METRO THE HARRISBURG t POLICE INFORMATION RESOURSYSTEM (CRSIPINC) PAGE: 3 CRASH REPORT 01/29/04 MZC1 HD21 CRASH NUMBER: F0003449 INCIDENT NUMBER: 20040107235 HBG -------------------------------------------- --------------------------------- w w w w w w w t t w w w PEOPLE INFORMATION *** PERSON TYPE: 1=DRIVER 2=PASSENGER 7=PEDESTRIAN B=OTHER 9=UNKNOWN INJ SEVERITY: 0=NONE 1=KILLED 2=MAJOR INJ 3=MODERATE 4=MINOR 9=UNK UNIT NO: 01 PERSON NO: 01 TYP: 1 INS SEVERITY: 3 DOB: 19650114 SEX: M NAME (L, F, M, S) : HOLT JAMES K ADDRESS: 2503 DUKE ST PHONE: 7175640298 HBG DRIVER LICENSE: PA 21981643 SEAT POSH: 01 SAFE-EQ1,2: 03 00 . UNIT NO: 02 PERSON NO: 01 TYP: 1 NAME (L,F,M,S): THOMAS ADDRESS: 6 EDGEWOOD DR MECHANICSBURG DRIVER LICENSE: PA 27020570 SEAT POSN: 01 SAFE-EQ1,2: 03 00 PA 17104 EJECT: 1 EJ-PATH: 0 EXTRIC: 1 TRANSP: Y INJ SEVERITY: 0 DOB: 19861112 SEX: M BRADLEY PHONE: 7177667614 PA 17055 EJECT: 1 EJ-PATH: 0 EXTRIC: 1 TRANSP: N VERIFICATION I, Brandon yeThomas, hereby state and aver that I have read the foregoing Answer and New Matter, which has been drafted with the assistance of Defendant's counsel. Language in the foregoing pleading is that of counsel and not of the undersigned. The factual statements contained therein are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Date: ?pr•? lot 2PO& Brandon , Thomas Id. t4' VERIFICATION I, Catherine Thomas, hereby state and aver that I have read the foregoing Answer and New Matter, which has been drafted with the assistance of Defendant's counsel. Language in the foregoing pleading is that of counsel and not of the undersigned. The factual statements contained therein are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Date: j G' L G?1.{'i1t1 ??Lt)t {?Q Catherine Thomas CERTIFICATE OF SERVICE I, Jessica M. Lewis, an employee of Thomas, Thomas & Hafer, LLP, hereby certify that a copy of the foregoing document was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Christian C. Hugel, Esquire 502 Market Street Lemoyne, PA 17043 THOMAS, THOMAS & HAFER, LLP J ica M. Lewis Dated: r'- _ d THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs CIVIL ACTION LAW V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants NO. 06-9 JURY TRIAL DEMANDED DEFENDANT'S MOTION TO COMPEL AND NOW, comes Defendants by and through their attorney, W. Darren Powell, Esquire of Thomas, Thomas & Hafer, LLP, and move this Court for an Order directing Plaintiffs to provide full and complete responses to discovery, and, in support thereof, aver and state as follows: 1. Plaintiffs initiated this action to the above docket by the filing of a Writ of Summons on or about January 3, 2006. 2. Plaintiffs filed a Complaint on or about April 3, 2006 in response to a Rule to File Complaint issued by the Cumberland County Prothonotary on February 28, 2006. 3. Defendants filed an Answer with New Matter on or about April 11, 2006. 4. Defendants served Plaintiffs with Interrogatories and Requests for Production of Documents on February 23, 2006. A true and correct copy of said discovery is attached hereto and marked respectfully as Exhibits Wand "B." 5. Pursuant to Pa.R.C.P. 4006(a)(2), the answering party shall serve a copy of answers and objections, if any, within thirty (30) days of service of the interrogatories. 6. Pursuant Pa.R.C.P. 4009.12, the party upon whom a request of documents is made shall serve an answer to such requests within thirty (30) days of service. 7. The thirty (30) days have expired since Defendants served the above- referenced discovery and Plaintiffs have failed to provide any response to the same. 8. On March 27, 2006, a letter was sent to Plaintiffs' Counsel requesting responses to the outstanding discovery. A copy of the letter is attached hereto as Exhibit "C." 9. By letter dated April 5, 2006, counsel for Defendants requested the Plaintiffs provide the overdue discovery within two (2) weeks. A copy of the letter is attached hereto as Exhibit "D." 10. As of this date, Defendants have yet to receive any response or answer to the outstanding discovery. 11. As Plaintiffs have failed to respond in accordance with the Rules of Civil Procedure, it is respectfully requested that this Court issue an order directing Plaintiffs to provide full and complete answers to the outstanding Interrogatories and Requests for Production of Documents or be precluded from introducing any such evidence at the arbitration or trial of the suit. 2 12. Defendants are prejudiced by Plaintiffs' refusal to provide discovery responses, as it has been precluded from ascertaining the nature of Plaintiffs' defenses and/or gaining the necessary investigative materials to further the course of the instant litigation. WHEREFORE, it is respectfully requested that this Court issue an order directing Plaintiffs to provide full and complete answers to the outstanding Interrogatories and Requests for Production of Documents, or be precluded from offering such evidence or testimony at the arbitration or trial of this case and/or otherwise suffer sanctions. Respectfully & HAIiLLP Dated: " I ?, ( /bC I.D. Number: 68953 305 North Front Street, P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 3 ?,? , ?- , ?? THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants INTERROGATORIES OF DEFENDANTS ADDRESSED TO PLAINTIFFS PURSUANT TO THE PROVISIONS of the Pennsylvania Rules of Civil Procedure, as amended, you are required to forward a copy to the undersigned and retain the original, of your answers and objections, if any, in writing and under oath, to the following Interrogatories, within thirty (30) days of service hereof. The Answers shall be inserted in the spaces provided following the Interrogatories. If there is insufficient space to answer an Interrogatory, the remainder of the answer shall follow on a supplemental sheet. DEFINITIONS AND INSTRUCTIONS A. "DOCUMENT"- writings or recordings of any kind, whether handwritten, typed, or printed, and including, but not limited to, letters, memoranda, bulletins, orders, photographs, microfilms, resolutions, books, computer printouts, computer cards, papers, who said what to whom and the. order in which it was said, and whether that communication, or any part thereof, was recorded or referred to in any document. C. "CONCERN", "CONCERNED", or "CONCERNING" - means referring or relating to, pertaining to, commenting on, or connected with, in any manner whatsoever. D. "YOU", "YOUR" - means the person in whose name this action is brought, his employees, officers, representatives, agents, and attorneys, or any person working for such persons. E. If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of any oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state each ground on which you claim that such document or oral communication is privileged. F. As used herein, the term "STATEMENT" means a written statement signed or otherwise adopted or approved by the person making it, or a stenographic, mechanical, electrical or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded. These Interrogatories are deemed to be continuing nature, in accordance with the provisions of the Pennsylvania Rules of Civil Procedure, as amended. If between the time of forwarding your original answers to these Interrogatories, and the time of trial of this matter, you or anyone acting on your behalf learn the identify and location of additional persons having knowledge of discoverable facts and the identity of persons expected to be called as an expert witness at trial not disclosed in your Answers, or if you or an expert witness obtain information upon the basis of which you or he knows that an Answer, was incorrect when made, or knows that an Answer, though correct when made, is no longer true, then you shall promptly supplement your original Answers under oath to include such information thereafter acquired, and promptly furnish such a supplemental Answer on the undersigned. S, THO , LLP W. Darren Powell, sqw I.D. Number: 68953 305 North Front Street P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 Attorney for Defendants Date:/,2-?? 1. For each Plaintiff, please state your full name, present address, date of birth, marital status and social security number. ANSWER: 2. State the name(s), address(es), and telephone numbers of any and all persons who witnessed all or part of the incident involving Plaintiff in this case. ANSWER: 3. List the names and addresses of any and all persons known or believed by Plaintiff or anyone acting on Plaintiffs behalf to have firsthand knowledge of the facts and circumstances of the incident, or of the events leading up to or following the incident, or of the injuries allegedly sustained. ANSWER: 4. Do you have any documents such as writings, statements or memoranda of parties, diagrams, pictures or any other writing or document which you anticipate possibly using in the upcoming trial? If so, please identify each and every item and advise as to whom has custody over the writing and/or document. ANSWER: 5. State in detail the nature of the injuries that you allege have been suffered as a result of this incident and with specificity, state the following information: a. the nature and extent of such injuries; b. the location of any injuries sustained; and c. whether any restraint from normal activities was suffered due to the injuries allegedly sustained. ANSWER: 6. Do you currently receive treatment or medication for the injuries allegedly suffered in this incident? If so, please identify the type of treatment and/or medication. ANSWER: 7. Have you fully recovered from any of your injuries, and if so, state the approximate date of recovery. If you have not recovered from any of your injuries, state those injuries from which you have not recovered, and in what respect you have not fully recovered. ANSWER: 8. Please give an account, itemized as fully and as carefully as possible, of all losses and expenses which you claim were incurred by you as a result of this incident, and please include in your answer, those losses or expenses which are attributable to hospitals, doctors, medicines, and/or loss of earning capacity. ANSWER: 9. Set forth the specific acts of negligence (either omission or commission) that you contend were committed by each Defendant. ANSWER: 10. Have you ever been involved in any other legal action for personal injury, or property damage, either as a Plaintiff or as a Defendant? If so, please state: a. the date and place each such action was filed, identifying the name of the Court, docket number, and attorneys representing each party; b. a brief description of each such incident or lawsuit; and c. the result of each such action, whether or not there was an appeal, and the nature and result of any such appeal. ANSWER: 11, Please identify each document, which you intend to introduce at the time of trial of this matter, and give a brief description of the contents of the document or thing, and attach copies to your Answers to these Interrogatories. ANSWER: 12. With respect to each expert witness you intend to call at the trial of this case, please state the following: a. the subject matter on which the expert is expected to testify; b. the substance of the facts and opinions for which he will testify; C. a summary of the grounds for each such expert opinion. ANSWER: 13. Please state the names, addresses, and telephone numbers of any and all witnesses, including expert, fact, rebuttal and liability witnesses, which you intend to call at the time of the trial of this matter. ANSWER: 14. State the names and addresses of all hospitals, doctors, therapists, etc. who have examined you or treated you because of this accident. ANSWER. 15. Are you claiming loss of earnings due to this accident? If so, please state the following: (a) the amount of such loss; (b) the nature of your employment immediately prior to the accident; (c) the name and address of your employer immediately before the accident and if you are still employed by them; if not, state the date and reason why you left; (d) the dates you were absence from your employment because of the injuries sustained in this accident; and (e) whether you were paid by the year, month, week, day, hour or otherwise and at what rate you were paid. ANSWER: 16. Do you claim that you sustained other financial loss as a result of the accident other than those covered by the preceding Interrogatories. If so, please state in detail the nature of the additional losses. ANSWER: 17. Prior to this incident, did you ever suffer any injury, sickness or disease involving any part or function of the body alleged in this suit to have been injured? If so, please state the following: (a) when you suffered such injury, sickness or disease; (b) if you have fully recovered from the prior injury, sickness or disease; and (c) the names and address of all physicians who treated you for any previous injury, sickness or disease. ANSWER: 18. List all physicians, including complete names, addresses and practice, who have provided treatment to you in the past five (5) years. ANSWER: 19. Prior to the incident, have you treated with a psychiatrist or psychologist? If so, identify the name and address of such medical providers. ANSWER: 20. Identify each and every auto insurer which, at the time of the accident, you maintained automobile insurance with, identifying the insurer, policy and claim number and the limits of first-party medical and income loss coverage on each said policy. ANSWER: 21. For each insurer identified in your response to the preceding Interrogatory for which you submitted a claim for first-party medical or income loss benefits, identify limits, amounts paid and amount of coverage remaining for medical and income loss. ANSWER: 22. Identify all sources of current household income since the accident, including amounts of such income. ANSWER: 23. If you are not currently employed, have you sought employment from since employment from since the accident? If so, describe in detail what steps have you have taken to obtain employment. ANSWER: 24. Identify each and every auto insurer which, at the time of the accident, you maintained automobile insurance with, identifying the insurer, policy and claim number, tort option, and the limits of first-party medical and income loss coverage on each said policy. ANSWER: CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Christian C. Hugel, Esquire 502 Market Street Lemoyne, PA 17043 Dated: ? /31Z THOMAS T MAS & HAFER, LLP Kat A. YWiIh4elmParaIecjaI 13 ?x THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V, BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED W. Darren Powell, Esquire dpowell@tthlaw.oom Attorney I.D. 68953 717-237-7154 Attorneys for Defendants Pursuant to Pennsylvania Rule of Civil Procedure 4009.1, Defendants request that Plaintiffs produce and permit Defendants to inspect and copy each of the documents specified below. The documents should be made available for inspection and copying during regular business hours at the offices of the Defendant's attorney, 305 North Front Street, Harrisburg, Pennsylvania, or at such other place as may be mutually agreeable to the parties, within thirty (30) days after the service of this request. The words "document" and "documents" as herein used include but are not limited to any written or graphic matter of any kind whatsoever, however produced or reproduced, any electronically or magnetically recorded matter of any kind or character, however produced or reproduced, and any other matter concerning the recording of data or information upon any tangible thing by any means, including, but not limited to, the original and any non-identical copy of any of the following (regardless of however or by whomever prepared, produced or reproduced): books, records, reports, memoranda, notes, letters, speeches, telegrams, diaries, calendar or diary entries, schedules, maps, graphics, contracts, appraisals, studies, analyses, summaries, instructions, photographs, films, surveys, messages, correspondence, letters, tables, drawings, and including preliminary versions, drafts or revisions of any of the foregoing, as well as all other documents defined in Rule 4009. DOCUMENTS TO BE PRODUCED 1. All statements, including but not restricted to those defined by Pa. R.C.P. 4003.5, signed statements, transcripts of recorded statements or interviews, or any memoranda or summary of transcripts of statements or interviews of any party, person or witness, or their agents or employees, who have any knowledge or information of the facts concerning or pertaining to the incident, the subject matter, the claims, the damages, or any other matter involved in or pertaining to this case. 2. A curriculum vitae as to each expert or experts you have retained to testify on your behalf at the trial of this case. 3. All documents prepared by you or by any representative(s), agent(s) or anyone acting on your behalf, except your attorney(s), during an investigation of any aspect of the incident in question. Such documents shall include any documents made or prepared through the present time with the exclusion of mental impressions, conclusions or opinions respecting the value or merit of a claim or defense or respecting strategy or tactics. (NOTE: As referred to herein, "documents" includes written, printed, typed, recorded or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, videos, films, microfilm, microfiche, contracts, agreements, notes, memoranda, summaries, analyses, projections, indices, work papers, studies, test reports, test results, surveys, diaries, calendars, films, photographs, videos, movies, diagrams, drawings, sketches, minutes of meetings or any other writing (including copies of the foregoing, regardless of whether the parties to whom this request is addressed is not in the possession, custody or control of the original] now in the possession, custody or control of Plaintiffs, their former or present counsel, agents, employees, officers, insurers or any other persons acting on their Behalf.) 4. If not otherwise covered by the above Requests, any and all documents regarding your investigation of the incident in question, with the exclusion of the mental impressions, conclusions or opinions respecting the value or merit of a claim or defense, or respecting strategy or tactics. 5. All documents relating in any way to all damages and losses sustained by Plaintiffs. This should include, but not be limited to all bills, receipts, reports, records, documents, etc. reflecting diagnosis or prognosis. 6. All documents or exhibits which you intend to offer or identify as exhibits and/or evidence at any depositions or at the trial of this matter. 7. If not covered by the above-requests, any and all documents which evidence any facts on the basis of which it will be asserted that the Defendants caused or contributed to the happening of the damages sustained by the Plaintiffs. 8. All documents which would support any claims for damages averred in Plaintiffs' Complaint. 9. Copies of all reports from anyone who performed investigations and the results of those investigations conducted by Plaintiffs, Plaintiffs' counsel, anyone on Plaintiffs' behalf or any other individual or organization. 10. Any documents identified in your Answers to any set of Interrogatories. 11. All records or other writings establishing Plaintiffs' claim of financial loss, including copies of tax returns for the last three (3) years. & HAFER, I.D. Number: 68953 305 North Front Street P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 Attorney for Defendants Dated: ?J ?3i?e CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Christian C. Hugel, Esquire . 502 Market Street Lemoyne, PA 17043 Dated: --,7,1 THOM ; THOMAS & HAFER, LLP ate A. Wilhelm, Paralegal Lx/A h, THOMAS, THOMAS & HAFER LLP ATTORNEYS AT LAW Mailing Address: P.O. Box 999, Harrisburg, PA 17108 Street Address: 305 North Front Street, Harrisburg, PA 17101 Phone: (717) 237-7100 Fax: (717) 237-7105 www.tthlawxom Kate A. Wilhelm, Paralegal (717) 237-7111 kwilhelm@tthlaw.com March 27. 2006 Christian C. Hugel, Esquire 502 Market Street Lemoyne, PA 17043 RE: Holt v. Thomas Our File No. 100-60283 Dear Mr. Hugel: Kindly advise when you will be responding to Defendant's discovery requests which was served upon you by letter of February 23, 2006. Thank you for your cooperation. Very truly yours, Thomas, Thomas & Hafer, LLP By: Kate A. Wilhelm, Paralegal KAW Enclosures 411253.6 Bethlehem Office • 3400 Bath Pike, Suite 302, Bethlehem, PA 18017 • Phone: (610) 868-1675 • Fax: (610) 868-1702 Pittsburgh Office • 301 Grant Street, Suite 1150, Pittsburgh, PA 15219 • Phone: (412) 697-7403 • Fax: (412) 697-7407 THOMAS, THOMAS & HAFER LLP ATTORNEYS AT LAW Mailing Address: P.O. Box 999, Harrisburg, PA 17108 Street Address: 305 North Front Street, Harrisburg, PA 17101 Phone: (717) 237-7100 Fax: (717) 237-7105 April 5, 2006 VIA FACSIMILE and U.S. MAIL Christian C. Hugel, Esquire 502 Market Street Lemoyne, PA 17043 RE: Holt v. Thomas Our File No. 100-60283 Dear Mr. Hugel: www.uhlaw.com W. Darren Powell (717) 237-7154 dpowell@tthlaw.com I am in receipt of your correspondence dated April 3, 2006 forwarding a copy of the Complaint. I do note, however, that I received a call from my client yesterday indicating that you had served this document upon them. Indeed, I note that the Certificate of Service on the Complaint lists, in addition to myself, my two clients. Obviously, they should be removed from the Certificate of Service and all your future correspondence or filings should be directed solely to me. Please make this notation in the file. You further indicate that you will be forwarding discovery responses to me shortly. Please provide these discovery responses within the next two weeks. Thank you for your attention to the above concerns. If you have any questions, please feel free to contact me. Very truly yours, Thomas, Thomas & Hafer, LLP W. Darren Powell W DP/jml: 411253.7 411253.6 Bethlehem Office • 3400 Bath Pike, Suite 302, Bethlehem, PA 18017 • Phone: (610) 868-1675 • Fax: (610) 868-1702 Pittsburgh Office • 301 Grant Street, Suite 1150, Pittsburgh, PA 15219 • Phone: (412) 697-7403 • Fax: (412) 697-7407 M CERTIFICATE OF SERVICE AND NOW, this ?01 day of sh V !? 2006, I, Kate A. Wilhelm, a paralegal of the law firm of Thomas, Thomas and Hafer, hereby certify that I have this day served the foregoing document by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Christian C. Hugel, Esquire 502 Market Street Lemoyne, PA 17043 THOMA , THO AS HAFER, LLP 7 We A. Wilhelm, Paralegal THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. Plaintiffs do not object to the subpoenas and waives the Notice of Intent to Serve Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.21; 2. A copy of a letter dated March 16, 2006 to Attorney Hugel confirming his waive of the Notice of Intent to Serve Subpoenas is attached to this Certificate; 3. Copies of the proposed subpoenas are attached to this certificate; and 4. The subpoenas which will be served are identical to the subpoenas which are attached to this certificate. I.D. Number: 68953 305 N orth Front Street, P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 Date: Attorney for Defendant LP T=eliEsq THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants TO: Zurich American Insurance Comeau BR 66 Hunt Valle v. Box 28777, Baltimore MD 21240 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of the entire worker's compensation claims file including any and all documents medical records, reports billing information, photographs work notes reports Bureau documents etc regarding James Holt, claim number 2660161807 Policv No. 57187284 fora date of loss of 8/11/01: insured is Kellv Svstems, Inc. at: Thomas Thomas & Hafer LLP 305 N Front St P.O. Box 999. Harrisburg PA 17108-0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE C T: DATE: -?%;? Prothon arylClerk, 0 ivisi n Seal of the Court Deputy THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17106 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs BRANDON N. THOMAS, a/kla BRADLEY THOMAS and CATHERINE THOMAS Defendants CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Toys R Us I Geoffrey Way Lake Buildinv V Floor. Wayne N7 07470 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: 83180301744 for a date of loss of 7/12/037 insured is Toys R Us, Inc. at: Thomas Thomas & Hafer LLP 305 N Front St P.O. Box 999, Harrisburg, PA 17108-0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE URT: j; DATE: i 7?n ? ? 66 ktheZ Prothone ary/Clerk, t Divis1, n Seal of the Court Deputy THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V, BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Harrisburg Hospital 111 South Front Street. Harrisburg. PA 17101 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records reports physical therapy records treatment notes diagnostic studies emergency room records ambulance TRIP sheets writings, correspondence, etc., for treatment rendered on behalf of James Holt: d/olb: 01114165, ssn: 220-78-3538, at: Thomas Thomas & Hafer LLP 305 N Front St P O Box 999- Harrisburg, PA 17108-0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant DATE: DUb Seal of the Court BY THE COURT: Prothonotary/Clerc, Civl ivlion J Deputy THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants TO: Progressive Insurance Company ATTN: Daniel Lucas 5053 Ritter Road. Mechanicsburg, PA 17055 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of the entire claims file including any and all documents medical records reports billing information photographs declaration page in effect at the time of the accident wage and salary, verification forms work notes first party benefits payout sheet etc regarding James Holt claim number 042192294: Policy No. 57187284 for a date of loss of January 15. 2004. at: Thomas Thomas & Hafer. LLP 305 N Front St.. P.O. Box 999 Harrisburg, PA 17108-0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box nnn Harishurg, ^A 17100-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY T COLJRRT=-? DATE: a,?n 1 dPr. onotary/Clef , 'ivil, ivision Seal of the Court Deputy THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants TO: Zurich American Insurance Company BR 66 Hunt Valley P O Box 28777 Baltimore MD 21240 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of the entire worker's compensation claims file including any and all documents medical records reports, billing information, photographs, work notes, reports, Bureau documents etc regarding James Holt claim number 2660168663: Policy No 57187284 for a date of loss of 10/22/01 insured is Kelly Systems Inc at: Thomas, Thomas & Hafer, LLP, 305 N. Front St.. P .O. Box 999. Harrisburg PA 17108-0999 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY T COURT- DATE: Pro onotarye[1, ivil ivision Seal of the Court Deputy THOMAS, THOMAS 8 HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237.7154 Attorneys for Defendants TO: Zurich American Insurance Company, BR 54 Pittsburgh, P .O. Box 1880, Pittsburgh, PA 15230-1880 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of the entire worker's compensation claims file, including any and all documents, medical records, reports, billing information, photographs, work notes, reports, Bureau documents, etc. regarding James Holt, claim number 2660166488: Policv No. 57187284 for a date of loss of 9/27(01; insured is Kelly Systems, Inc. at: Thomas, Thomas & Hafer. LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108-0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE l?OURT: DATE: Ina 4?6& ? Protho otary/Clerk, C ivis n Seal of the Court ' Deputy THOMAS, THOMAS & HAFER LLP ATTORNEYS AT LAW Mailing Address: P.O. Box 999, Harrisburg, PA 17108 Street Address: 305 North Front Street, Harrisburg, PA 17101 Phone: (717) 237-7100 Fax: (717) 237-7105 www.ttWaw.com Kate A. Wilhelm, Paralegal (717) 237-7111 kwilhelm@tthlaw.com March 16, 2006 Christian C. Hugel, Esquire 502 Market Street Lemoyne, PA 17043 RE: Holt v. Thomas Our File No. 100-60283 Dear Mr. Hugel: This letter will confirm your voice mail message of March 15, 2006 to Attorney Darren Powell in which message you agreed to waive the 20-day notice requirement to serve the Subpoenas. Thank you for your cooperation. Very truly yours, Thomas, Thomas & Hafer, LLP By: Kate A. Wilhelm, Paralegal KAW/ 411253.5 Bethlehem Office • 3400 Bath Pike, Suite 302, Bethlehem, PA 18017 • Phone: (610) 868-1675 • Fax: (610) 868-1702 Pittsburgh Office • 301 Grant Street, Suite 1150, Pittsburgh, PA 15219 • Phone: (412) 697-7403 • Fax: (412) 697-7407 CERTIFICATE OF SERVICE I, Kate A. Wilhelm, a Paralegal for the law firm Thomas, Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing a copy of the same in the United States mail, first class mail, directed to the addressed as follows, on the date set forth below: Christian C. Hugel, Esquire 502 Market Street Lemoyne, PA 17043 THOMAS, THOMAS & HAFER, LLP Kate A. Wilhelm, Paralegal Dated: l?? (4 ?U ,,, i?l I V JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, : a/k/a BRADLEY THOMAS and CATHERINE THOMAS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-0009 CIVIL TERM ORDER OF COURT AND NOW, this 4 h day of May, 2006, upon consideration of Defendants' Motion To Compel, a Rule is hereby issued upon Plaintiffs to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. istian C. Hugel, Esq. 502 Market Street Lemoyne, PA 17043 Attorney for Plaintiffs .X. /Darren Powell, Esq. 305 North Front Street P.O. Box 999 Harrisburg, PA 17101 Attorney for Defendants J :rc BY THE COURT, b5 47 ?" I1 YNdA VSNN3d kLNnCr ?-., "-.? gvunn h ! :Z Odd S- IN 94D1 AHVIONCHI.Olid M 30 3101:Pn Q3113 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs CIVIL ACTION LAW V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants NO. 06-9 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE ++? ll AND NOW, this 1s? day of 1 2006, I, W. Darren Powell, Esquire of the law firm of Thomas, Thomas and Hafer, hereby certify that I have this day served the Order of Court issuing Rule Returnable regarding Motion to Compel by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Christian C. Hugel, Esquire 502 Market Street Lemoyne, PA 17043 T S & HAF LP 1 By: W. Dar quire Attorney I.D. No. 68953 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 237-7154 G ? 'TJ L ?y It'ICi M r„p l Y.7 ? 4"Zl Christian C. Hugel, Esquire I.D. No. 76062 Law Offices of Christian C. Hugel 502 Market Street Lemoyne, PA 17043 (717) 737-5255 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS, and CATHERINE THOMAS, Defendants No. 06-9 CIVIL ACTION - LAW JURY TRIAL DEMAND MOTION TO AMEND COMPLAINT AND NOW COMES, this 7th day of June, 2006, Plaintiff James Kelvin Holt, by and through his attorney Christian C. Hugel, Esquire, moves the court to grant a rule on the above named Defendants Bradley Thomas and Catherine Thomas, to show cause why the Complaint heretofore filed in the above cause should not be amended by substituting "Bradley Thomas" for "Brandon Thomas a/k/a Bradley Thomas" in the caption and the body of the Complaint. Plaintiff alleges the following facts in support of his Motion: 1. This matter was commenced by Writ of Summons filed by the Plaintiff on January 3, 2006, in Cumberland County, Pennsylvania; 2. The cause of action arose on January 15, 2004, therefore the Statute of Limitations on this action ran on January 15, 2006; 3. The Complaint was filed on April 3, 2006; 4. The Complaint lists one of the Defendant's as "Brandon Thomas a/k/a Bradley Thomas" in the caption and refers to that Defendant throughout the body of the Complaint; 5. Defendant Catherine Thomas has two sons, a minor son named Brandon Thomas, and an adult son, Bradley Thomas; 6. A Harrisburg Area Police Crash Report for this incident lists Bradley Thomas, 6 Edgewood Drive, Mechanicsburg, PA, 17055, as the driver of Unit 2 and Catherine Thomas, of the same address, as the owner of Unit 2. A copy of the Crash Report is hereby attached as Exhibit 1; 7. Prior to the filing of the Complaint in this matter, Defendant's insurance carrier referred to "Brandon Thomas" in their communications with Plaintiff's attorney. "Bradley Thomas" was never mentioned by Defendant's insurance carrier. A copy of correspondence from Defendant's insurance carrier is hereby attached as Exhibit 2; 8. Defendant's admit that Bradley Thomas was the driver of Unit 2 on January 15, 2004; 9. Service of the Complaint was properly performed at 6 Edgewood Drive, Mechanicsburg, PA, 17055; 10. The pleadings in this matter are still open; 10. Defendant's have at all times had timely notice of this action and will not be prejudiced by allowing the Complaint to be amended; 11. Plaintiff would be greatly prejudiced by disallowance of an Amended Complaint because the Statute of Limitations has run on the underlying cause of action; 12. Counsel for Defendant, W. Darren Powell, Esquire, has indicated that Defendant will not concur with Plaintiff's Motion to Amend Complaint; WHEREFORE, Plaintiff respectfully requests that an Order be issued permitting Plaintiff to amend the Complaint in this matter by substituting "Bradley Thomas" for "Brandon Thomas a/k/a Bradley Thomas" in the caption and throughout the body of the Complaint. Respectfully submitted, Christian C. Hugel, Esquire I.D. No. 76062 Law Offices of Christian C. Hugel 502 Market Street Lemoyne, PA 17043 (717) 737-5255 Attorney for Plaintiff !lETRO THE HARRISBURG AREA POLICE INFORMATION RESOURCE SYSTEM 03/04/04 (CRSIPINC) MZC1 HD21 PACE: 1 CRASH REPORT RASH NUMBER: P0003448 INCIDENT NUMBER: 20040107235 HBG CASE ---------------------------- - -- CLOSED: Y - - ------------------------ AGENCY: 22301.HARRISBURG CITY DISP-TM: 1408 ARRV-TM: 1413 PATROL-ZN: 319 PRECINCT: 123 WALNUT ST ' INV-DT: 01-15-2004 INVESTIGATOR: LYDA, RAYMOND R : 0128 BADC BADG: 0510 APP-DT: 01-22-2004 REVIEWER: KARLSEN, CLIFFORD A COUNTY: 22 DAUPHIN MUNICIPALITY: 301 HARRISBURG CITY CRS-DT: 01-15-2004 TM: 1404 #UNIT: 2 #PEOP: 2 #INJ: 1 #KILL: REPORTABLE: Y NOTIF HIWY MAINT: N PENNDOT PROP: N SCH BUS RELATED: N SCH ZON RELATED: N FOLLOW UP: N CITY PROP DAM: Z CRASH DESC: 4 REL TO RDWY• 1 ILLUM: 1 WEATHER: 1 RDWY SURF COND: 0 INTERS TYP• 01 SPEC LOC• 0 SPEC: JURIS: RDWY SURF TYPE: PRINC RD - CNTY• 22 RT#• SEG: #LNS: 02 SPD LIM: 25 ORIENT: E .STR NM: MACLAY ST ST HOUSE#: RT S INSEC RD - CNTY: 22 RT#: SSG: #LNS: 03 SPD LIM: 25 ORIENT: N STR NM: N 7TH ST ST RT SIGN: 4- LANDMARKI - RT#: MILEPOST: 0000 SEG MARKER: ORIENT: STR NM: DIST FR CRASH - FT: MI: .0 LANDMARK2 - RT#: MILEPOST: 0000 SEG MARKER: ORIENT: STR NM: TRAF CONTROL DEVICE TYPE: 2 FUNCTIONING: 3 WORK ZONE - TYP: 0 LOC: SPEED LIM: WORKERS PRES: LN CLOS: RD CL/DETOUR: SHLD/MED WK: MOVING WK: FLAGGER: OTHER: LANE CLOSED DUE TO CRS: 0 DIRECT: TRAF DETOUR: EST TM CLOSE: FIRST HARMFUL EV: 02 UN#: 01 MOST HARMFUL EV: 02 UN#: 01 ENV/RDWY FACTORS: 00 PRIME FACTOR: 'D 05 UN#: 02 EMERGENCY TRANSPORT - EMS AGENCY: SUSQUEHANNA TWP EMS MED FACILITY: HBG HOSPITAL JNIT 1 WAS TRAVELING EASTBOUND IN THE 600 BLK OF MACLAY ST. 7NIT 2 WAS TRAVELING WESTBOUND IN THE 700 BLK OF MACLAY ST. NS UNIT 1 APPROACHED THE INTERSECTION AT N 7TH ST AND ENTERED THE INTERSECTION )N A GREEN SIGNAL, UNIT 2 CROSSED IT'S PATH OF TRAVEL. UNIT.1 WAS NOT ABLE TO STOP IN TIME TO AVOID THE CRASH. OPERATOR WAS TRANSPORTED TO HBG HOSPITAL IIIA AMBULANCE. UNIT 1 WAS TOWED FROM THE SCENE BY DON'S TOWING SERVICE. SNIT 2 APPROACHED N 7TH ST AND MADE A ILLEGAL LEFT TURN ONTO N 7TH ST, "ROSSING INTO THE PATH OF TRAVEL OF UNIT 1. NO REPORTED INJURIES TO THE JPERATOR OF UNIT 2. UNIT 2 WAS DRIVEABLE. (UNIT 2 WILL BE FOUND AT FAULT FOR THE ILLEGAL LEFT TURN. NO TURN SIGN IS PROPERLY POSTED BESIDE THE TRAFFIC CONTROL SIGNAL. CITATION WILL BE-ISSUED BY SUMMONS. C xWir METRO':. THE HARRISBURG AREA POLICE INFORMATION RESOURCE SYSTEM (CRSIPINC) - ' PAGE• 2 CRASH REPORT MZC1 HD21. 03/04/04 CRASH NUMBER: F0003448. INCIDENT NUMBER: 20040107235 HBG ----------------------------- ---------------------------------------- UNIT NUMBER: 01 TYPE: Ol COMMERCIAL VEH: N K 7175640298 OWNR NAME: HOLT JAMES OWNR ADDR: 2503 DUKE ST HBG PA 17104 VIN: 1G6AS6988EE837490 YR: 1984 MAKE: 19 LIC PLATE: DXE0698 PA TRAV SPD: 999 57187284-i INS CO,PO,PH: PROGRESSIVE INS TOW TO,BY,PH: 1128 JONESTOWN RD, HBG 17 DON'S AND SON'S TOWING 7172342188 # TRL UNITS: 0 TYP UNIT: TAG No,YR,ST: TYP UNIT: TAG NO,YR,ST: VEHICLE COL: 03 TYP: 01 SPEC USAGE: 00 ROLE: 1 POSITION: 01 INIT IMP PT: 12 DAMAGE: 2 DIR TRAV: E MOVEMENT: 01 GRAD: 1 ALIGNM: 1 ALCOH,DRG SUSP: 1 TEST TYP: 0 RESULT: PHYSICAL COND: 0 OWNER/DVR CD: O1 DVR PRESENCE: 1 PEDESTRIAN SIGNAL: PED LOC: VIOLATION CD: -CHARGED: HARM EVENT 1: 02 L/R: MHE: Y UTIL POLE#: DRIVER ACTION 1: 00 HARM EVENT 2: L/R: MHE: UTIL POLE#: DRIVER ACTION 2: HARM EVENT 3: L/R: MHE: UTIL POLE#: DRIVER ACTION 3: HARM EVENT 4: L/R: MHE: UTIL POLE#: DRIVER ACTION 4: VEH FAILURES: 00 PEDEST ACTION (45F1) DVR RESTRICTIONS COMPL: DVR ENDORSEMENT COMPL: DVR LICENSE COMPL: AVOIDANCE MANEUVER: UNDER RIDE INDICATOR: EMERGENCY USE: DRUG TEST TYPE: RESULTS: PRINCIPLE IMPACT PT: -------------------------------------- ---------------------------------------- UNIT NUMBER: 02 TYPE: 01 COMMERCIAL VEH: N OWNR NAME: THOMAS CATHERINE G 7177667614 OWNR ADDR: 6 EDGEWOOD DR MECHANICSBURG PA 17055 VIN: 1G1JC5117K7106416 YR: 1989 MARE: 20 LIC PLATE: EHK1214 PA TRAV SPD: 999 INS CO,PO,PH: GE AUTO AND HOME ASSUR. 576204990 TOW TO,BY,PH: # TRL UNITS: 0 TYP UNIT: TAG NO,YR,ST: TYP UNIT: TAG NO,YR,ST: VEHICLE COL: O1 TYP: 01 SPEC USAGE: 00 ROLE: 2 POSITION: 07 INIT IMP PT: 01 DAMAGE: 1 DIR TRAV: W MOVEMENT: 12 GRAD. 1 ALIGNM: 1 ALCOH,DRG SUSP: 1 TEST TYP: 0 RESULT: PHYSICAL COND: 0 OWNER/DVR CD: 01 DVR PRESENCE: 1 PEDESTRIAN SIGNAL: PED LOC: VIOLATION CD: 75 3111 A CHARGED: Y HARM EVENT 1: 11 L/R: MHE: Y UTIL POLE#: DRIVER ACTION 1: 05 HARM EVENT 2: L/R: MHE: UTIL POLE#: DRIVER ACTION 2: HARM EVENT 3: L/R: MHE: UTIL POLE#: DRIVER ACTION 3: HARM EVENT 4: L/R: MHE: UTIL POLE#: DRIVER ACTION 4: VEH FAILURES: 00 PEDEST ACTION . (45F1) DVR RESTRICTIONS COMPL: DVR ENDORSEMENT COMPL: DVR LICENSE COMPL: AVOIDANCE MAR: UNDER RIDE INDICATOR: EMERGENCY USE: DRUG TEST TYPE: RESULTS: PRINCIPLE IMPACT PT: NBMO'•. THE HARRISBURG AREA POLICE INFORMATION RESOURCE SYSTEM (CRSIPINC) PAGE:' 3 CRASH REPORT 03/04/04 MZC1 HD21 CRASH NUMBER: F0003448. INCIDENT NUMBER: 20040107235 HBG ---------------------------------------------------------------------------- * * * * * * * * * * * * PEOPLE INFORMATION * * * PERSON TYPE: 1=DRIVER 2=PASSENGER 7=PEDESTRIAN 8=OTHER 9=UNKNOWN INJ SEVERITY: 0=NONE 1=KIT.T•ED 2=MAJOR INJ 3=MODERATE 4=MINOR 9=UNK UNIT NO: 01 PERSON NO: O1 TYP: 1 INJ SEVERITY: 3 DOB: 19650114 SEX: M. NAME (L, F , M, S) : HOLT JAMES K ADDRESS: 2503 DUKE ST PHONE: 7175640298 HBG PA 17104 DRIVER LICENSE: PA 21981643 SEAT POSN: 01 SAFE-E()1,2: 03 00 EJECT: 1 EJ-PATH: 0 EXTRIC: 1 TRANSP: Y- UNIT NO: 02 PERSON NO. Ol TYP: 1 INJ SEVERITY: 0 DOB: 19861112 SEX: M NAME (L,F,M,S): THOMAS BRADLEY ADDRESS: 6 EDGEWOOD DR PHONE: 7177667614 MECHANICSBURG PA 17055 DRIVER LICENSE: PP_ 27020570 SEAT POSN: 01 SAFE-EQ1,2: 03 00 EJECT: 1 EJ-PATH: 0 EXTRIC: 1 TRANSP: N CERTIFICATE OF SERVICE I, Christian C. Hugel, Esquire, hereby certify that the foregoing Motion to Amend Complaint was served on Defendant's counsel this date by depositing a true and correct copy of same in first class U.S. Mail, postage prepaid, addressed as follows: W. Darren Powell, Esquire 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 Dated: 7 ')- 0 0C 6 kl, ; ?- G Christian C. Hugel, Esquire A I Cl Amwican bWnwdonal comma Sw*n PmvWod by a Uw*w of Amwkm MamAonai &OUP. bra May 6, 2005 P.O. Box 1068 Langhorne, Pa 19047-6068 Underwriting Company: AIG Preferred Insurance Company Christian C Hugel Attorney At Law 502 Market Street Lemoyne, Pa. 17043 Re: Our Claim Number: Date of Loss: Our Insured: Claimant: F040014209 01/15/04 THOMAS BRANDON N JAMES KELVIN HOLT Dear Mr. Hugel: Please advise status of treatment on your client. Please note our new address listed above. Sincerely Joan Lagomarsino Claims Department 215-447-1167 ?x?„b?r C`3 r" TI - FJ ._--, c-i c;u f a THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED DEFENDANTS' MOTION TO MAKE RULE ABSOLUTE AND NOW, comes Defendants by and through their attorney, W. Darren Powell, Esquire of Thomas, Thomas & Hafer, LLP, and moves this Court for an Order making the May 4, 2006 Rule absolute and, in support thereof avers and states as follows: 1. Plaintiffs initiated this action to the above docket by the filing of a Writ of Summons on or about January 3, 2006. 2. Plaintiffs filed a Complaint on or about April 3, 2006 in response to a Rule to File Complaint issued by the Cumberland County Prothonotary on February 28, 2006. 3. Defendants filed an Answer with New Matter on or about April 11, 2006. 4. Plaintiffs have not responded to Defendants New Matter. 5. Defendant served Plaintiffs with Interrogatories and Request for Production of Documents on February 23, 2006. 6. Despite repeated requests, Plaintiffs counsel failed to provide answers or responses to Defendants discovery. 7. On April 27, 2006 Defendants filed a Motion to Compel, seeking an Order directing Plaintiffs to provide full and complete answers to the outstanding Interrogatories and Request for Production of Documents or be precluded from offering such evidence or testimony at the arbitration or trial of this case and/or otherwise suffer sanctions. 8. In response to the Motion to Compel, this Court issued an Order dated May 4, 2006, ruling Plaintiffs to show cause why the relief requested should not be granted. The rule was returnable within 20 days of service. A copy of the said Rule is attached as Exhibit "A". 9. The undersigned served a copy the May 4, 2006 Order to Attorney Hugel by letter dated May 10, 2006. A copy of the time-stamped Certificate of Service evidencing this is attached hereto as Exhibit "B". 10. Despite the Court Order directing Plaintiffs to show cause, they have failed to file any response to the Motion or to provide discovery responses. 11. Plaintiffs have had more than adequate time within which to prepare full and complete discovery responses. 12. Defendants are entitled to timely, full and verified discovery responses. WHEREFORE, Defendants request that this Honorable Court enter an Order making the Rule absolute and direct that Plaintiffs provide full and complete answers to the outstanding Interrogatories and Request for Production of Documents within 10 days or be precluded from offering such evidence or testimony at the arbitration or trial of this case and/or otherwise be subject to preclusion of such evidence or dismissal of Plaintiffs suit. Respectfully submitted, THOMAS W. Darr ell, Esquire umber: 68953 305 North Front Street, P.O. Box 999 Harrisburg, PA 17101 Dated: ?`? IMP (717) 237-7154 Exhibit JAMES KELVIN HOLT IN THE COURT OF COMMON PLEAS OF and ANDREA HOLT, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION - LAW BRANDON N. THOMAS, : a/k/a BRADLEY THOMAS and CATHERINE THOMAS, Defendants NO. 06-0009 CIVIL TERM ORDER OF COURT AND NOW, this 4t1i day of May, 2006, upon consideration of Defendants' Motion To Compel, a Rule is hereby issued upon Plaintiffs to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. -- Christian C. Hugel, Esq. 502 Market Street Lemoyne, PA 17043 Attorney for Plaintiffs W. D rren Powell, Esq. Jo- North Front Street P.. Box 999 Harrisburg, PA 17101 Attorney for Defendants :rc zY BY THE COURT, chi b if 5 THOMAS, THOMAS & HAFER, LLP W. Darren Powell, Esquire 305 North Front Street dpowell@tthlaw.com P.O. Box 999 Attorney I.D. 68953 Harrisburg, PA 17108 717-237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF c? CUMBERLAND COUNTY, PENNSYLVANIA rl-- T Fri ? F JAMES KELVIN HOLT and : CIVIL ACTION LAW -a m ANDREA HOLT, Plaintiffs ~ V. NO. 06-9 W =ry BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ?.? day of 2006, I, W. Darren Powell, Esquire of the law firm of Thomas, Thomas and Hafer, hereby certify that I have this day served the Order of Court issuing Rule Returnable regarding Motion to Compel by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Christian C. Hugel, Esquire 502 Market Street Lemoyne, PA 17043 T n?' HA?4 S & HAF R; LLP By: 1 W. Dara.: -# wire Attorney I.D. No. 68953 } 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 237-7154 CERTIFICATE OF SERVICE AND NOW, this I y? day of , 2006, 1, Jessica M. Lewis, an employee of the law firm of Thomas, Thomas and Hafer, hereby certify that I have this day served the foregoing document by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Christian C. Hugel, Esquire 502 Market Street Lemoyne, PA 17043 THOMAS, THOMAS & HAFER, LLP pv? )? , allmlb J ica M. Lewis 70 r.; p,, l r _ --; ? _ '? ,? ?? ? , - -- ; , ;-;, ?? -? _ . - - _.., = .i ?i {: .? -? .. ?"'f ..?.? to 7 "'?' C IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, No. 06-9 Plaintiffs V. CIVIL ACTION - LAW BRANDON N. THOMAS, a/k/a BRADLEY THOMAS, and CATHERINE THOMAS, JURY TRIAL DEMAND Defendants ORDER ti JUN 0 8 2006 ,? N' AND NOW, this day of Tc , 2006, a Rule is hereby entered on Defendants to show cause why the Complaint in the above case should not be amended to substitute "Bradley Thomas" for "Brandon Thomas a/k/a Bradley Thomas" in the caption and throughout the body of the Complaint. Rule Returnable ?. It 0 J. 12V TUV (`nrTDT . 0 u THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. BOX 999 Harrisburg, PA 17106 W. Darren Powell, Esquire dpoweliCtthlaw.oom Attorney I.D. 68953 717-237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED AND NOW, comes Defendants Brandon N. Thomas and Catherine Thomas, by and through their counsel, W. Darren Powell, Esquire and files this Response in Opposition to Plaintiffs Motion to Amend Complaint, stating and averring as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. 6. Admitted. 7. Admitted in part, denied in part. It is admitted only that in the "regarding" or "re" line of correspondence from Defendants' insurance company there was reference to their insured policyholder "Brandon Thomas". Any suggestion that Defendants' insurance carrier suggested that anyone other than Bradley Thomas was the driver of the vehicle is absolutely denied. Moreover, Plaintiffs' attorney was well aware that the driver of the vehicle was Bradley Thomas, the son of Catherine Thomas, as evidenced by correspondence from Plaintiffs' counsel (and the police report, which correctly identifies the driver). Likewise, Plaintiff James Kevin Holt was also aware of the identity of the driver and owner of the vehicle, as evidenced by the statement given by Mr. Holt. (See pages 12 and 13). A copy of these correspondence and statement of Plaintiff James Kevin Holt are attached hereto as Exhibits "A" and "B" respectively. 8. Admitted. 9. The averments of this paragraph constitute conclusions of law to which no response is required. 10. Admitted. It is admitted that the pleadings in this matter are still open and this is only because Plaintiffs have refused to file a Reply to Defendants New Matter. Otherwise, pleadings would be closed. 10. Denied. It is denied that Defendants would not be prejudiced by the bringing in of another Defendant in this case. Further, the Statute of Limitations has expired and precludes adding a new party. 11. Denied. 12. Admitted. WHEREFORE, Defendants respectfully request the Court deny Plaintiffs Motion to Amend the Complaint. Respectfully submitted, Dated: W. D r[en Pow re; , I.D. Number: 68953 f 305 North Front Street, P.O. Box 999 17101 Harrisburg, PA (? II? 10( (717) 237-7154 6,,?Jl; 0 A • t 502 Market Street Lemoyne, PA 17043 January 30, 2004 Pnie (717) 737-5255 Fa-k (717) 737-5171 GE Auto and Home Insurance Company 4002 Eisenhower Boulevard Tampa, FL 33634 Attn: Dennis Strange Re: Our Client: James Kelvin Holt Date of Accident: January 15, 2004 Your Insured: Kathleen Thomas You Claim No.: F040014209 Dear Mr. Strange: Thank you for speaking with me on the telephone today. As I ind?,,4¢led to you, this office is representing Mr. James K. Holt in regaXd, to his claim for personal injuries sustained in an auttnob'ile accident, on January 15, 2004, with a vehicle owned by your insured, %Kathleen Thomas, and driven by her son, Bradley Thomas,, I F4uest that you make all future contacts with Mr. Holt througi: thti.ptfice. Enclo!44"•].3 a copy of my letter of representation which was sent to Ms. Barbe yesterday. As you requested, I will contact you regjNS.ng the property damage portion of Mr. Holt's claim. You have offered to settle the property damage portion of Mr. Holt's claim for the amount of $2,016.00. That offer is hereby declined. I will forward you documentation of the correct mileage of Mr. Holt's automobile when I have received it from Mr. Holt. It is my understanding that the vehicle has approxamitaly 35,000 miles on the odometer, not 135,000 miles as you have seggusted. Thank you for your time in this matter. If you have any questions, please contact me at your convenience. '•••• ••.. ' sincerely yours a Christian Hugel ...... .... ...... cc: James K. Holt "'• •••• ""\' i Attorney at Law Cktistian C. Aglf Attorney at Law 502 Market Street . January 29, 2009 Lemoyne, PA 17043 GE Auto and Home Insurance Company P.O. Box 8110 Fort Washington, PA 19034 Attn: Darlene Barbe Re: Our Client: Date of Accident Your Insured: You Claim No.: Dear Ms. Barbe: James Kelvin Holt January 15, 2004 Kathleen Thomas F040014209 Phone (717) 737-5255 Fax (717) 737-6171 Thank you for speaking with me on the telephone today. As I indicated to you, this office is representing Mr. James K. Holt in regard to his claim for personal injuries sustained in an automobile accident with a vehicle owned by your insured, Kathleen Thomas, and driven by her son, Bradley Thomas, on January 15, 2004. I request that you make all future contacts with Mr. Holt through this office. Mr. Holt was taken by ambulance from the scene of the accident to the hospital. Mr. Holt is currently undergoing treatment for injuries sustained in the accident, however, the full extent of his injuries has yet been determined. You requested the name of Mr. Holt's insurance carrier, the adjuster handling this matter, and a claim number. Mr. Holt's insurance carrier is Progressive Insurance Company, 5053 Ritter Road, Mechanicsburg, PA, 17055. The adjuster assigned to the claim for Progressive is Daniel Lucas. His telephone number is (717) 791-5136. Progressive's claim number is 042 19 22 94. Thank you for your time in this matter. It is my hot% that we can ultimately settle this matter without the need for cd§tly and time consuming litigation and I look forward ttl:wgrking with you toward that end. If you have any questions, plftVd contact me at your convenience. •••••• Sinc rely yours, Christian Hugel •••• cc: James K. Holt ?f? ??" .? ?? Insured: James C. Holt claim Number: F040014209 Date of Lose: January 15, 2004 Adjuster: Deb Massey ...interviewing Mr. James Holt; capital H-0-L-T, regarding an accident that occurred on January 15, 2004, at approximately 2:05 PM on North 7th and McClay Street in Harrisburg, PA. Q. Mr. Holt, is the interview being recorded with your permission? A. Yes. 0. Sir? A. Yes. 0. Please give me your full name? A. James Calvin Holt. Q. And spell your last name, please? A. H-0-L-T. Q. And your address, please? A. Harrisburg, PA. Q. Street address, sir. A. 2503 Duke Street. Q. Harrisburg, PA; what's your zip code? JAMES C. HOLT INTERVIEW - 1 - A. 17111. Q. And your home telephone number? A. 564-0298. Q. And the area code? A. 717. Q. And your date of birth? A. 1/14/65. 0. And your occupation? A. Not working right now. 0. Are you employed or you're not employed? A. Not employed. Q. All right. And the year of your vehicle? A. 1984 Cadillac Seville. Q. Vehicle identification number? A. Okay. Would that be VIN number? Q. Yes it is, sir. A. 1G68S6988EE83749, I think it's a 0 or D; let me see. I can't see. Umm, I think it's a zero. Q. And who is the registered owner of the vehicle? JAMES C. HOLT INTERVIEW - 2 - A. Me. Q. On the date of the accident, what was the purpose of your trip? A. I was just driving. Normal drive. Q. Where were you on your way to, sir or where were you coming from? A. I was on my way home. I was on my way home. I was coming to - as you - you're coming through the street and then at 7`h Street that runs right across, I was going through the light. As I'm going through the light the other driver; I see his name, Bradley, was coming towards me and just - was coming full-rate of speed, he just turned left and hit me. And then some guys came over to see was I okay, and then the guy, he was - Bradley, he was down the street and they told him to get back up there. And then it took him awhile, but he came back up and he said he was sorry. I asked him,' didn't he see the sign that says, "NO LEFT TURN?" He said again that he was sorry; he was in a hurry. He was rushing, he said. And then - by then the ambulance came and I gave the officers my registration; everything that they needed, and that was it. Q. And your driver's license number? JAMES C. HOLT INTERVIEW - 3 A. Where's my license at? 21981- Q. All right, sir. I can't hear you. A. 21981643. Q. And the date of this accident? A. It was the 15th Q. And about what time of the day did this happen? A. I guess around 2:00. Q. AM or PM? A. PM. Q. And the location of this accident? A. 7th and McClay Street, Harrisburg, PA. Q. Is it McClay or McCray? A. McClay. Q. Did you have any passengers in the vehicle with you? A. No, I didn't. Q. What? A. No. Q. No passengers? JAMES C. HOLT INTERVIEW 4 A. No. Q. Do you know what direction you were traveling? A. Oh, man. I'm not too good on north, south, or west it was. Oh, boy. I don't know if it was north or south or what. Q. What street were you on? A. Andre, what street is that before you get to 7`h? Q. All right, air. You have to answer the questions for me yourself. If you don't know, then- A. I don't know the name of the street. Q. What street was the other person traveling on? A. As I'm saying, I was coming through the light - as you cross 7th- Q. All right, sir. Just - do you know what street he was on? Was he on the same street that you were on? A. Yes, coming the opposite way. Q. How many lanes of traffic is it there? A. Uh, one-. Two lanes going this way, two lanes going - its four lanes. Q. How many lanes in each direction? A. Two. JAMES C. HOLT INTERVIEW - 5 - Q. And what lane of traffic had you been traveling in? A. The right lane. Q. And the other person? A. He was in the left lane to go straight. Q. Are there any traffic controls where this accident took place? A. Traffic lights, yes. Q. And where are the traffic lights? Are they overhanging lights or they're on the corner? A. Yes, overhead and signs overhead too. Q. They're overhead lights? A. Yes, and overhead signs. Q. And what does the overhead sign say? A. No left turn. Q. So at this intersection you can only go straight? A. You can go straight or make a right. Going - the way I was coming, you can go straight or make a right. The way he was coming, you can go straight or make a right. Q. There's no left turn? A. Right. JAMES C. HOLT INTERVIEW - 6 - Q. When did you first see this other vehicle? A. About - I guess about a couple of minutes before he hit me. A minute or so before he hit me. Q. How was the weather? A. It was just cold. Q. How was the street? A. It was okay. Q. Were they dry? A. Yeah. Q. And how was the traffic? A. Regular. Q. Heavy; moderate or light? A. I'll say light. Q. When you came to the---intersection, what were you going to do? Continue straight or turn? A. Straight. Q. Was there any traffic next to you? A. I'm not sure. Q. You don't know if there was traffic next to you? JAMES C. HOLT INTERVIEW - 7 A. No, I don't. Q. What color was the traffic light? A. It was green. 0. was it green for both parties? A. I know it was green for me. As far as for him I don't know. Q. Well, if you were going in opposite directions, is there any reason why it wouldn't be? A. What I'm saying, is I don't know what color his light was coming this way, but when I was going through, mine was green. Q. All right. Okay. But what I'm asking you, is there a delayed light there that would indicate he would not have had a green light? A. I don't know. Q. Did you see this other party with a turn signal on? A. No, I didn't. Q. And when you first saw them, what were they doing? A. Driving, coming straight at me. You know, I don't even know how to explain it. I was coming through the light. As soon as I come through the light he made the turn and just struck me. He was coming down the hill. JAMES C. HOLT INTERVIEW - 6 Q. All right. He was coming down the hill and then what happened? A. As I'm driving - okay. I'm driving through - the light is green and I go through the light. All of a sudden I just hear a BAM! Just like that. 0. And where was the damages to your vehicles? A. The driver's front. Q. And on the other person's vehicle? A. I didn't even know. I don't even know. Q. Where did the two vehicles make contact? A. Right as when he was turning. Q. I understand that, sir. But did his front make contact with your front? Did your front make contact with his rear? A. No, his front made contact with my left front. Like I said, I didn't even really, you know, get to look at his car. Q. What is the posted speed in this area? A. Huh? Q. What is the posted speed in the area? A. Oh, umm, right there at that spot. Hmm, I'm not too sure what anything is right now. I'm not too sure. JAMES C. HOLT INTERVIEW - 9 - Q. How fast were you traveling? A. Was I travel - couldn't have been no more than about 10 or 15 miles, because once you - once you get to the - get to that light, you have to really actually really slow down. If not, your car - you know how it will bottom? It will hit the bottom? Like a dip in there. So you have to slow down. And as I was going through, I really can't say. Q. And what about the other person? Could you determine how fast they were traveling? A. Oh, he was going pretty fast, believe me. But actually how fast, I don't know. But I know he was going pretty fast. Q. And what made you think he was going pretty fast? A. Would Let's see. Q. Beg your pardon? A. When-. Okay. As I coming to the light, like I said, as soon as I come through the light it was like - you know how you - like I wasn't even there, that's the way he came. He was just coming down the hill fast like I wasn't even there. Q. Were there any skid marks at the scene of the accident? A. I do not know. Q. Are you familiar with this area? JAMES C. HOLT INTERVIEW - 10 - A. Yes, but you know, like I said. It happened so fast, I don't - and they took me away in the ambulance. I don't know was there skid marks. I don't know what the cop said to him. I don't know none of that. Q. All right, sir. I'm having a hard time hearing you because of the background. A. I said everything after the accident, I don't know what the officer said to him or who said what. I just know, you know, was the - you know, the after after the - the guys who was out there told the kid to come back up there. Q. Were there any comments made between you and this other person? A. He said to me, he said, "I'm sorry. I'm sorry. I was rushing." I said, "Can't you - didn't you see that sign that says, no left turns." He said, "I'm sorry. I was rushing." I said, "But don't that - don't you - don't you think you should've been looking at the signs?" And that was it. Q. And were there any witnesses to this accident? A. I know there was one guy there trying to make sure I was okay. But I - you know, - you know, but it was a Caucasian guy there making sure I was all right and I seen him telling the other guy to get back up here. And he come back to the car and he told me that he-had called it - called the officers and the ambulance. So,- JAMES C. HOLT INTERVIEW - 11 - Q. Had you been drinking prior to this accident? A. No, I haven't. I don't drink. Q. And did the police come to the scene of this accident? A. Yes. Q. What Police Department arrived? A. Harrisburg. Q. Were any tickets issued? A. I don't know if they gave him a ticket or not. I'm hoping that they gave him a ticket. Q. Do you know if any citations was issued or do you know the case number? A. Wait a minute. Let me give you the case number. Just. a minute. oh man, it's hard keep getting up, I'll tell you. Jesus God. Let me see. Just a minute. You mean the identification that the policeman write? Q. Yes, please. A. 2004017235. Q. Do you know the name of the other party that was involved in the accident with you? A. The officer called me back and he gave me that information. Just a minute. God almighty. The owner of the car, her name JAMES C. HOLT INTERVIEW - 12 - is Kathleen Thomas. And the driver of the car was Bradley Thomas; it was the lady's son. And they gave me her telephone number too, if you need that? Q. What is that, sir? A. 717-7 God - 766-7614. Q. And what kind of vehicle was the other person operating? A. I know it was a smaller car of car it was. 0. What color was it? I don't know exactly what kind A. I'm not sure. I think it was dark blue. I'm not sure. Don't quote me on it. Q. Were you wearing your seat belt? A. Yeah. Q. And did you sustain any injuries in this accident? A. Yes. Q. And what was the nature of your injuries? A. Back and neck and shoulder. Q. And did you receive any medical treatment at the scene of this accident? A. I was taken to the Emergency Room. JAMES C. HOLT INTERVIEW - 13 - Q. And what hospital were you taken to? A. Harrisburg. Q. Were you taken by ambulance? A. Yeah. Q. And were you treated and released or were you hospitalized? A. Treated and released. Q. And were any x-rays taken? A. Yes, I think there was. Q. And what was the results of the x-rays? A. I don't know any of that right now. Q. They didn't tell you when they released you? A. Yeah, they told me, but I'm saying right now I just don't - I don't know anything right now. I just don't feel good right now. Q. And have you been in any prior motor vehicle accidents? A. No. Q. Do you have any prior injuries to your neck, back and shoulder? A. No, no. JAMES C. HOLT INTERVIEW - 14 - Q. Did the other party sustain any injuries? A. I don't know. Q. Did they have any passengers in their vehicle? A. I don't know. I don't know. I don't think so. Q. Where did your vehicle come to rest after the accident occurred? A. Right there where he hit me. It stayed right there. I mean, you know, it went to the side. When he hit me, it knocked the car over to the side and it stayed there. Q. On the side. The right side or the left side? A. The right side. Q. Is there anything else that you would like to add regarding what took place in the accident? A. No. Q. Did you hear and understand the question-a-that I asked? A. Yes. Q. Have all your answers been to the truth, to the best of your knowledge and recollection? A. Yes. Q. And did you understand that the interview was being recorded? JAMES C. HOLT INTERVIEW - Is A. Yeah Q. And do I have your permission to turn off the recording? A. Yeah. Q. This is Darlene Barbie concluding a recorded statement on January 23, 2004. It is now 4:06 PM and the interview was with Mr. James Calvin Holt, capital H-O-L-T END OF INTERVIEW JAMES C. HOLT INTERVIEW 16 CERTIFICATE OF SERVICE AND NOW, this 'r day of 2006, I, Jessica M. Lewis, an employee of the law firm of Thomas, Thomas and Hafer, hereby certify that I have this day served the foregoing document by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Christian C. Hugel, Esquire 502 Market Street Lemoyne, PA 17043 THOMAS, THOMAS & HAFER, LLP J7 ca M. Lewis n S 7ti ?( 1 lfJ -? JUN 1 ?p(b 0 - THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED ORDER AND NOW, this day of `1s LAC- , 2006, upon careful consideration of Defendants' Motion to Make the Rule Absolute, said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiffs provide full and complete verified responses to Defendants' Interrogatories and Requests for Production Zo of Documents, without objection, within 0 days of this Order, OF they W&be preeluded. fr BY THE COURT: "Y 6-let -a Go?4 ?-c?:..L jb1S >- c r" G F= " CID i_,".. LL _ ° tw c°.r THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED W. Darren Powell, Esquire dpowell@tthiaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants CERTIFICATE OF SERVICE AND NOW, this day of 2006, I, W. Darren Powell, Esquire of the law firm of Thomas, Thomas and Hafer, hereby certify that I have this day served the Order of Court granting Defendants' Motion to Make the Rule Absolute by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Christian C. Hugel, Esquire 502 Market Street Lemoyne, PA 17043 OMAS s Attorney I.D. No. 68953 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 237-7154 (?? ? a C. ) c? ': I .._ ?::? :? m ?.??? ?, lT,. N W _ ? c-'- :? _ =t CJ _ .{ ., x PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court ------------------------------------------------------------------------------------------------------------ JAMES KELVIN HOLT and : CIVIL ACTION LAW ANDREA HOLT, Plaintiffs V. : NO. 06-9 BRANDON N. THOMAS, : a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants : JURY TRIAL DEMANDED 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.) Plaintiffs Motion to Amend Complaint 2. Identify counsel who will argue cases: (a) for plaintiff: Christian C. Hugel, Esquire Law Offices of Christian C Hugel, 502 Market Street, Lemoyne, PA 17043 (b) for defendant: W. Darren Powell, Esquire Thomas , Thomas and Hafer LLP, 305 North Front Street, P.O. Box 999, Harrisburg PA 17108 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: September 6, 2006 LLP Attorney I.D. 68953 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 237-7154 CERTIFICATE OF SERVICE AND NOW, this day of 2006, I, Jessica M. Lewis, an employee of the law firm of Thomas, Thomas and Hafer, hereby certify that I have this day served the Praecipe for Listing Case for Argument by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Christian C. Hugel, Esquire 502 Market Street Lemoyne, PA 17043 THOMAS, THOMAS & HAFER, LLP By: Jessica r- Lewis 436029.1 {'"? _' _? ., '?l ... ; •? 'j •. _. d _ i, - ? ?^.._,; 'i`'. ._ 1 i _? t.?: t "?" Christian C. Hugel, Esquire I.D. No. 76062 Law Offices of Christian C. Hugel 502 Market Street Lemoyne, PA 17043 (717) 737-5255 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS, and CATHERINE THOMAS, Defendants No. 06-9 CIVIL ACTION - LAW JURY TRIAL DEMAND PLAINTIFF'S RESPONSE TO DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS 1. No such statements are known to Plaintiff's at this time. 2. Curriculum vitae for expert witnesses will be supplied when received by Plaintiff. 3. To be supplied. 4. No such documents are known to exist at this time. Any such documents will be supplied if and when they are discovered. 5. No such documents are known to exist at this time. Anv such documents will be supplied if and when they are discovered. 6. No such documents are known to exist at this time. Any such documents will be supplied if and when they are discovered. 7. See Harrisburg Police Report attached as Exhibit 1. 8. No such documents are known to exist at this time. Any such documents will be supplied if and when they are discovered. 9. 10. 11. Date: See Response to Request # 7. See Response to Request # 7. To be supplied. Y"'? G QJ'I Christian C. Hugel, Esquire I.D. No. 76062 Law Offices of Chri stian C. Hugel 502 Market Street Lemoyne, PA 17043 (717) 737-5255 Attorney for Plaint iffs 4ETRO THE HARRISBURG AREA POLICE INFORMATION RESOURCE SYSTEM (CRSIFI.NC:) ?AGE: .1 CRASH REPORT 03/04/04 MZC1 HD21 RASH NUMBER: F0003448 INCIDENT NUMBER: 20040107235 HBG CASE CLOSED: Y --------------------------------------------------------- AGENCY: 22301 HARRISBURG CITY 3ISP-TM: 1408 ARRV-TM: 1413 PATROL-ZN: 319 PRECINCT: 123 WALNUT ST INV-DT: 01-15-2004 INVESTIGATOR: LYDA, RAYMOND R BADG: 0128 APP-DT: 01-22-2004 REVIEWER: KARLSEN, CLIFFORD A BADG: 0510 COUNTY: 22 DAUPHIN MUNICIPALITY: 301 HARRISBURG CITY CRS-DT: 01-15-2004 TM: 1404 #UNIT: 2 #PEOP: 2 #INJ: 1 #KILL: REPORTABLE: Y NOTIF HIWY MAINT: N PENNDOT PROP: N SCH BUS RELATED: N SCH ZON RELATED: N FOLLOW UP: N CITY PROP DAM: Z CRASH DESC: 4 REL TO RDWY• 1 ILLUM: 1 WEATHER: 1 RDWY SURF COND: 0 INTERS TYP• 01 SPEC LOC• 0 SPEC JURIS: RDWY SURF TYPE: PRINC RD - CNTY: 22 RT#: SEG: #LNS: 02 SPD LIM: 25 ORIENT: E STR NM: MACLAY ST ST HOUSE#: RT S INSEC RD - CNTY: 22 RT#: SEG: #LNS: 03 SPD LIM: 25 ORIENT: N STR NM: N 7TH ST ST RT SIGN: 4- LANDMARKI - RT#: MILEPOST: 0000 SEG MARKER: ORIENT: STR NM: DIST FR CRASH - FT: MI: .0 LANDMARK2 - RT#: MILEPOST: 0000 SEG MARKER: ORIENT: STR NM: TRAF CONTROL DEVICE TYPE: 2 FUNCTIONING: 3 WORK ZONE - TYP: 0 LOC• SPEED LIM: WORKERS PRES: LN CLOS: RD CL/DETOUR.: SHLD/MED WK: MOVING WK: FLAIGGER: OTHER: LANE CLOSED DUE TO CRS: 0 DIRECT: TRAF DETOUR: EST TM CLOSE: FIRST HARMFUL EV: 02 UN#: 01 MOST HARMFUL EV: 02 UN#: 01 ENV/RDWY FACTORS: 00 PRIME FACTOR: 'D 05 UN#: 02 EMERGENCY TRANSPORT - EMS AGENCY: SUSQUEHANNA TWP EMS MED FACILITY: HBG HOSPITAL MIT 1 WAS TRAVELING EASTBOUND IN THE 600 BLK OF MACLAY ST. MIT 2 WAS TRAVELING WESTBOUND IN THE 700 BLK OF MACLAY ST. 4S UNIT 1 APPROACHED THE INTERSECTION AT N 7TH ST AND ENTERED THE INTERSECTION 3N A GREEN SIGNAL, UNIT 2 CROSSED IT'S PATH OF TRAVEL. UNIT 1 WAS NOT ABLE TO STOP IN TIME TO AVOID THE CRASH. OPERATOR WAS TRANSPORTED TO HBG HOSPITAL VIA AMBULANCE. UNIT 1 WAS TOWED FROM THE SCENE BY DON'S TOWING SERVICE. UNIT 2 APPROACHED N 7TH ST AND MADE A ILLEGAL LEFT TURN ONTO N 7TH ST, CROSSING INTO THE PATH OF TRAVEL OF UNIT 1. NO REPORTED INJURIES TO THE OPERATOR OF UNIT 2. UNIT 2 WAS DRIVEABLE. UNIT 2 WILL BE FOUND AT FAULT FOR THE ILLEGAL LEFT TURN. NO TURN SIGN IS PROPERLY POSTED BESIDE THE TRAFFIC CONTROL SIGNAL. CITATION WILL BE-ISSUED BY SUMMONS. MTRO . THE HARRISBURG AREA POLICE INFORMATION RESOURCE SYSTEM (CRSIPINC) 03/04/04 -MZC1 HD21 )AGE: 2 CR ASH REPORT .RASH NUMBER: F0003448. INCIDENT NUMBER: 20040107235 HBG ---------- .-------------------------------------- JNIT NUMBER: 01 TYPE: O1 COMMERCIAL VEH:JA MES K 7175640298 OWNR NAME: HOLT OWNR ADDR: 2503 DUKE ST HBG PA 17104 VIN: 1G6AS6988EE837490 YR: 1984 MAKE: 19 LIC PLATE: DXE0698 PA TRAV SPD: 999 INS CO,PO,PH: PROGRESSIVE INS 57187284-1 HBG 17 DON'S AND SON'S TOWING 7172342188 TOW TO,BY,PH: 1128 JONESTOWN RD, # TRL 'UNITS: 0 TYP UNIT: TAG NO,YR,ST: TYP UNIT: TAG NO,YR,ST: SPEC USAGE: 00 ROLE: 1 POSITION: 01 VEHICLE COL: 03 TYP• 01 INIT IMP PT: 12 DAMAGE: 2 DIR TR.AV: E MOVEMENT: 01 GRAD: 1 ALIGNM: 1 ALCOH,DRG SUSP: 1 TEST TYP: 0 RESULT: PHYSICAL COND. 0 PED LOC: OWNER/DVR CD: 01 DVR PRESENCE: 1 PEDESTRIAN SIGNAL: VIOLATION CD: HARM EVENT 1: 02 L/R: MHE: CHARGED: Y UTIL POLE#: DRIVER ACTION 1:,00 HARM EVENT 2: L/R: MHE: UTIL POLE#: DRIVER ACTION 2: HARM EVENT 3: L/R: MHE: UTIL POLE#: DRIVER ACTION 3: HARM EVENT 4: L/R: MHE: UTIL POLE#: DRIVER ACTION 4: VEH FAILURES: 00 PEDEST ACTION : (45F1) DVR RESTRICTIONS COMPL: DVR ENDORSEMENT COMPL: DVR LICENSE COMPL: AVOIDANCE MANEUVER: UNDER RIDE INDICATOR: EMERGENCY USE: DRUG TEST TYPE: RESULTS: PRINCIPLE IMPACT PT: --------------------------------- -------------------------------------- UNIT NUMBER: 02 TYPE: 01 COMMERCIAL VEH: N CATHERINE G 7177667614 OWNR NAME: THOMAS OWNR ADDR: 6 EDGEWOOD DR MECHANICSBURG PA 17055 VIN: 1G1JC5117K7106416 YR: 1989 MAKE: 20 LIC PLATE: EHK1214 PA TRAV SPD: 999 INS CO,PO,PH: GE AUTO AND HOME ASSUR. 576204990 TOW TO,BY,PH: # TRL UNITS: 0 TYP UNIT: TAG NO,YR,ST: TYP UNIT: TAG NO,YR,ST: VEHICLE COL: of TYP: 01 SPEC USAGE: 00 ROLE: 2 POSITION: 07 INIT IMP PT: 01 DAMAGE: 1 DIR TRAY: W MOVEMENT: 12 GRAD. 1 ALIGNM: 1 ALCOH,DRG SIISP: 1 TEST TYP: 0 RESULT: PHYSICAL COND: 0 OWNER/DVR CD: 01 DVR PRESENCE: 1 PEDESTRIAN SIGNAL: PED LOC: VIOLATION CD: 75 3111 A CHARGED: Y HARM EVENT 1: 11 L/R: MHE: Y UTIL POLE#: DRIVER ACTION 1: 05 HARM EVENT 2: L/R: MHE: UTIL POLE#: DRIVER ACTION 2: HARM EVENT 3: L/R: MHE: UTIL POLE#: DRIVER ACTION 3: . HARM EVENT 4: L/R: MHE: UTIL POLE#: DRIVER ACTION 4: VEH FAILURES: 00 PEDEST ACTION (45F1) DVR RESTRICTIONS COMPL: DVR ENDORSEMENT COMPL: DVR LICENSE COMPL: AVOIDANCE MANEUVER: UNDER RIDE INDICATOR: EMERGENCY USE: DRUG TEST TYPE: RESULTS: PRINCIPLE IMPACT PT: IETRO • THE HARRISBURG AREA POLICE INFORMATION RESOURCE SYSTEM .(CRSIPINC) )AGE: 3 CRASH REPORT 03/04/04 MZC1 HD21 ?ASH NUMBER: F0003448. INCIDENT NUMBER: 20040107235 HBG -------- ---------------- -- ------------------------------ -- * * * * * * * * * * * PEOPLE INFORMATION * * * PERSON TYPE: 1=DRIVER 2=PASSENGER 7=PEDESTRIAN 8=OTHER 9=UNKNOWN [NJ SEVERITY: 0=NONE 1=KILLED 2=MAJOR INJ 3=MODERATE 4=MINOR 9=UNK WIT NO: O1 PERSON NO: 01 TYP: 1 INJ SEVERITY: 3 DOB: 19650114 SEX: M. NAME (L,F,M,S): HOLT JAMES K ADDRESS: 2503 DUKE ST PHONE: 7175640298 HBG PA 17104 DRIVER LICENSE: PA 21981643 SEAT POSN: 01 SAFE-EQ1,2: 03 00 EJECT: 1 EJ-PATH: 0 EXTRIC: 1 TRANSP: Y. ?NIT NO: 02 PERSON NO: 01 TYP: 1 INJ SEVERITY: 0 DOB: 19861112 SEX: M NAME (L,F,M,S): THOMAS BRADLEY ADDRESS: 6 EDGEWOOD DR PHONE: 7177667614 MECHANICSBURG PA 17055 DRIVER LICENSE: PA 27020570 SEAT POSN: 01 SAFE-EQ1,2: 03 00 EJECT: 1 EJ-PATH: 0 EXTRIC: 1 TRANSP: N VERIFICATION I, James K. Holt, Plaintiff in the within matter, verify that the statements made in the foregoing Plaintiff's Responses to Defendant's Request for Production of Documents are true and correct to the best of my knowledge, information, and belief. The undersigned understands that false statements therein are subject to the penalties of 18 Pa. C.S. 14904, relating to unsworn falsification to authorities. Date: /,? _ZnIt'?s- Ja es K. Holt CERTIFICATE OF SERVICE I, Christian C. Hugel, Esquire, hereby certify that the foregoing Plaintiff's Responses to Defendant's Request for Production of Documents was served this date by depositing a true and correct copy of same in first class U.S. Mail, postage prepaid, addressed as follows: W. Darren Powell, Esquire 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 G Dated: 7 Ltel' ZC 6 Christian C. Hugel, Esquire . cz; '... Christian C. Hugel, Esquire I.D. No. 76062 Law Offices of Christian C. Hugel 502 Market Street Lemoyne, PA 17043 (717) 737-5255 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS, and CATHERINE THOMAS, Defendants No. 06-9 CIVIL ACTION - LAW JURY TRIAL DEMAND PLAINTIFF'S RESPONSE TO DEFENDANT'S INTERROGATORIES 1. For each Plaintiff, please state your full name, present address, date of birth, marital status and social security number. ANSWER: James I--elvir_ Molt, 2503 Dube :street, Harrisburg, P a,171-1- DOB: 01/14/1965, married, SS-! : 220-78-;538 anc?rea Holt, 2503 Duke Street, Harrisburg, -A, 17111 DOB: 08/03/1969, m ?,r-riet., SS :ii": 129-58-0-")6 2. State the name(s), address(es), and telephone numbers of any and all persons who witnessed all or part of the incident involving Plaintiff in this case. ANSWER.- Other than s'L-lint i ± _ 3.n6 Defendant Bra C_le? Thomas, "i:he=e ::25 E:-n ;:mkno n. caucr d-an male `flat ?'itnesse;-I the ;ZO.,or vehicle iccideiZt on January 15, 2004. Also, H-.rrisbtz -t?ol i ce O P-i cer ,?Tf a 2 R. I,yC3 ., Harrisburg Police DeDrt ent, 12 3 tilnut :3treet, Harrisburg, i 3. List the names and addresses of any and all persons known or believed by Plaintiff or anyone acting on Plaintiffs behalf to have firsthand knowledge of the facts and circumstances of the incident, or of the events leading up to or following the incident, or of the injuries allegedly sustained. ANSWER: Harrisburg Police Officer Raymond R. a,yda, Harrisburg :?olice Department, 123 ",,alnut atreet, Harrisburg, Pri Dr. Stuart Hartman, Pinnacle Health, 3 Landis, 2501 N. 3rd Street, .1arri sburg, PA., 17110 Dr. Steven 111. Remillard, Center for 'wellness, 2459 alnut Street, Harrisburg, PA, 17103 Other names ,vill be supplied as they are identified. 4. Do you have any documents such as writings, statements or memoranda of parties, diagrams, pictures or any other writing or document which you anticipate possibly using in the upcoming trial? If so, please identify each and every item and advise as to whom has custody over the writing and/or document. ANSWER: Harrisburg Police Crash Report for incident number 20040107235 I1DG, crash number FOO03448 Other exhibits ;ill be supplied as `(,hey are identified and/or become -,.v ilable. 5. State in detail the nature of the injuries that you allege have been suffered as a result of this incident and with specificity, state the following information: a. the nature and extent of such injuries; b. the location of any injuries sustained; and c. whether any restraint from normal activities was suffered due to the injuries allegedly sustained. ANSWER. Plaintiff James r elv his neck, back, _.nd shoulders described throu!Yh depositions date of injury, Bolt has b his family, or perform most no living. in molt suffered injuries to ,s %Vill be more specif icly 1;,ith Dr. Hartman. wince the e en un :ble to v7ork, care for rmal ?.ctivities of day-to-c_-L.y 6. Do you currently receive treatment or medication for the injuries allegedly suffered in this incident? If so, please identify the type of treatment and/or medication. ANSWER:,.plaintiff James Kelvin Holt is currently under the care of Dr. Hartman, for treatment of pain. A list of Medications beinE taken by r. Holt will be supplied. 7. Have you fully recovered from any of your injuries, and if so, state the approximate date of recovery. If you have not recovered from any of your injuries, state those injuries from which you have not recovered, and in what respect you have not fully recovered. ANSWER: Plaintiff has not recoverec71. from his injuries. See Ans`,er to Question "'5- 8. Please give an account, itemized as fully and as carefully as possible, of all losses and expenses which you claim were incurred by you as a result of this incident, and please include in your answer, those losses or expenses which are attributable to hospitals, doctors, medicines, and/or loss of earning capacity. ANSWER: To be surplied. 9. Set forth the specific acts of negligence (either omission or commission) that you contend were committed by each Defendant. ANSWER: Defendant made an illeEal left turn into the path of Plaintiff's vehicle without warni n nor sign.alin-, thereby causing; Defendant's vehicle to strike Plaintiff's vehicle. 10. Have you ever been involved in any other legal action for personal injury, or property damage, either as a Plaintiff or as a Defendant? If so, please state: a. the date and place each such action was filed, identifying the name of the Court, docket number, and attorneys representing each party; b. a brief description of each such incident or lawsuit; and c. the result of each such action, whether or not there was an appeal, and the nature and result of any such appeal. ANSWER: No. 11. Please identify each document, which you intend to introduce at the time of trial of this matter, and give a brief description of the contents of the document or thing, and attach copies to your Answers to these Interrogatories. ANSWER: Tri_ l exhibits have not 1Tet been determined. pry such exhibits will be si)-p-lied to Defendant's counsel once they are identified and. produced. 12. With respect to each expert witness you intend to call at the trial of this case, please state the following: a. the subject matter on which the expert is expected to testify; b. the substance of the facts and opinions for which he will testify; C. a summary of the grounds for each such expert opinion. ANSWER: Dr. Stuart Hartmrin will testify as to the nature and extent of LI-linti.ff's injuries. Other witnesses ??.?i.ll be surplied ,hen nd if any are identified and/or selected. 13. Please state the names, addresses, and telephone numbers of any and all witnesses, including expert, fact, rebuttal and liability witnesses, which you intend to call at the time of the trial of this matter. ANSWER: Dr. Stuart H ,.rtman, rinn??.cle ri :alth, 3 Lan. is, 2501 N. 3rd Strc et , Harrisburg., IPA v 17110 Of.l'icer Raymond R. Lydaj Harrisburg "_Police Dep::Irtm :nt, 123 ;'alnut Street, Harrisburg, PA, 17101 Other %',itnesses to be supplied. 14. State the names and addresses of all hospitals, doctors, therapists, etc. who have examined you or treated you because of this accident. ANSWER: Harrisburg Hospit=al DR, Dr. d',, -rd L. ?ildre.,,, D.O. , 111 South Front -treet, H:?.rrisburg, PA, 17101 Dr. ,Stuart HL=_rtman, Pinnacle HeL-.lth, 3 Landis, 2501 IT. 3rd Street, Harrisburg,, PA. 17110 Dr. Steven Y. Remillard, Center for jellness, 2459 `-,-Ialnut Street, Harrisburg, PA, 17103 Dr. Juliet asuzu, 118 N. 3rd Street, I arrisburY , IxLl (717) 232-9555 15. Are you claiming loss of earnings due to this accident? If so, please state the following: (a) the amount of such loss; (b) the nature of your employment immediately prior to the accident; (c) the name and address of your employer immediately before the accident and if you are still employed by them; if not, state the date and reason why you left; (d) the dates you were absence from your employment because of the injuries sustained in this accident; and (e) whether you were paid by the year, month, week, day, hour or otherwise and at what rate you were paid. ANSWER: To be supplied. 16. Do you claim that you sustained other financial loss as a result of the accident other than those covered by the preceding Interrogatories. If so, please state in detail the nature of the additional losses. ANSWER: Plaintiff James Holt has been Unable to work or look for ,?ATork since the accident. Plaintiff Andrea Holt was forced to quit her job to care for her family ?.=nd ailing hi?Lsband. 17. Prior to this incident, did you ever suffer any injury, sickness or disease involving any part or function of the body alleged in this suit to have been injured? If so, please state the following: (a) when you suffered such injury, sickness or disease; (b) if you have fully recovered from the prior injury, sickness or disease; and (c) the names and address of all physicians who treated you for any previous injury, sickness or disease. ANSWER: Plaintiff James Dolt has injured his lower back in 1986 anc'1 filed a. `workers' Compensation claim for those injuries. Mir. Holt also injured his lower back in 2002 and filed a 'dorkers' Compensation claim fo_^ those injuries. All previous injuries had fully resolved ;prior to this incident. 18. List all physicians, including complete names, addresses and practice, who have provided treatment to you in the past five (5) years. ANSWER: To be supplied. 19. Prior to the incident, have you treated with a psychiatrist or psychologist? If so, identify the name and address of such medical providers. ANSWER: No. 20. Identify each and every auto insurer which, at the time of the accident, you maintained automobile insurance with, identifying the insurer, policy and claim number and the limits of first-party medical and income loss coverage on each said policy. ANSWER: First Party Benefits provided by 1rot-.;ressive Insurance Company, 5053 Ritter Road, ,,echanicsbur , Bpi, 17055 Claim No.: 042 19 22 0,4 ";-'5,000.00 limit on lst party benefits No income loss coverer` e 21. For each insurer identified in your response to the preceding Interrogatory for which you submitted a claim for first-party medical or income loss benefits, identify limits, amounts paid and amount of coverage remaining for medical and income loss. ANSWER: Full Limit of ;5,000.00 T,%'as 'rendered. 22. Identify all sources of current household income since the accident, including amounts of such income. ANSWER: To be supplied. 23. If you are not currently employed, have you sought employment from since employment from since the accident? If so, describe in detail what steps have you have taken to obtain employment. ANSWER: Plaintiff James Holt h,-.',s been unable to seek employment due to his injuries. 24. Identify each and every auto insurer which, at the time of the accident, you maintained automobile insurance with, identifying the insurer, policy and claim number, tort option, and the limits of first-party medical and income loss coverage on each said policy. ANSWER: See Ansvver to Question 720. G 47/ Christian C. Hugel, Esquire I.D. No. 76062 Law Offices of Christian C. Hugel 502 Market Street Lemoyne, PA 17043 (717) 737-5255 Attorney for Plaintiffs 7? Date: 6 ?? VERIFICATION I, James K. Holt, Plaintiff in the within matter, verify that the statements made in the foregoing Plaintiff's Answers to Defendant's Interrogatories are true and correct to the best of my knowledge, information, and belief. The undersigned understands that false statements therein are subject to the penalties of 18 Pa. C.S. 14904, relating to unsworn falsification to authorities. Date: --17-1 ?V-2,19 I &-&A Ja s o CERTIFICATE OF SERVICE I, Christian C. Hugel, Esquire, hereby certify that the foregoing Plaintiff's Answers to Defendant's Interrogatories was served this date by depositing a true and correct copy of same in first class U.S. Mail, postage prepaid, addressed as follows: W. Darren Powell, Esquire 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 Dated: Christian C. Hugel, Esquire C:,, I JAMES KEVIN HOLT AND ANDREA HOLT, PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BRANDON N. THOMAS a/k/a BRADLEY THOMAS AND CATHERINE : THOMAS, DEFENDANTS 06-0009 CIVIL TERM IN RE: MOTION OF DEFENDANTS TO AMEND THE COMPLAINT BEFORE BAYLEY J. AND GUIDO J. ORDER OF COURT AND NOW, this day of September, 2006, the motion of defendants to amend the complaint, IS GRANTED. The amended complaint shall be filed within fifteen (15) days of this date. By the Court, ,L Edgar B. Ba jIdy, J hristian C. Hugel, Esquire 502 Market Street Lemoyne, PA 17043 For Plaintiffs ZDarren Powell Esquire 305 Front Street P.O. Box 999 Harrisburg, PA 17108 For Defendants :sal P?, - 0 ?? "'?;. ?• t? '?, ,, ! ,? _ .., ? ?? ??, :.?? -+:h i 1?l ?l_, ,r? ` C s JAMES KEVIN HOLT AND ANDREA HOLT, PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BRANDON N. THOMAS a/k/a BRADLEY THOMAS AND CATHERINE : THOMAS, DEFENDANTS 06-0009 CIVIL TERM IN RE: MOTION OF DEFENDANTS TO AMEND THE COMPLAINT BEFORE BAYLEY, J. AND GUIDO, J. OPINION AND ORDER OF COURT Bayley, J., September 15, 2006:-- On January 3, 2006, plaintiffs, James Kevin Holt and Andrea Holt, filed a praecipe for a writ of summons against defendants, Brandon N. Thomas a/k/a Bradley Thomas and Catherine Thomas. The Sheriff filed a return attesting that on January 6, 2006, "the within writ of summons was served ... by handing [a copy of the writ] to BRADLEY THOMAS, SON," at "6 Edgewood Drive, Mechanicsburg, Pa."' Plaintiffs filed a complaint on April 4, 2006. The suit arises out of an automobile accident in Harrisburg, Pennsylvania on January 15, 2004. Plaintiffs allege in their complaint that (1) defendant, Brandon N. Thomas, a/k/a Bradley Thomas, was operating a motor vehicle involved in the accident, (2) "Defendant Brandon N. Thomas a/k/a Bradley Thomas was under the age of 18, and therefore, a minor," and (3) "Defendant Brandon N. Thomas a/k/a Bradley Thomas, a minor at the time, was using the vehicle owned by ' The Sheriffs return also attests that defendant, Catherine Thomas, was personally served with a copy of the writ at the same time. 06-0009 CIVIL TERM Defendant Catherine Thomas with the permission of Defendant Catherine Thomas." On June 7, 2006, plaintiffs filed a motion to amend the complaint "by substituting 'Bradley Thomas' for 'Brandon Thomas a/k/a Bradley Thomas' in the caption and throughout the body of the Complaint." The issue was briefed and argued on September 6, 2006. The two year statute of limitations expired on January 15, 2006.1 An amendment to the complaint, after the statute of limitations has run, cannot bring in a new and distinct party to the action. See Saracina v. Cotoia, 417 Pa. 80 (1965). In Cianchetti v. Kaylen, 241 Pa. Super. 437 (1976), the Superior Court of Pennsylvania stated: The operative test, is "... whether the right party was sued but under the wrong designation, or whether a wrong person was sued and the amendment was designated to substitute another and distinct party." In Saracina, the plaintiff was struck by an automobile driven by Robert Cotoia. Plaintiff's complaint named Robert's father, Anthony Cotoia, as the defendant. After the statute of limitations had run, the plaintiff attempted to amend the complaint to change the name of defendant from Anthony to Robert Cotoia. The Supreme Court concluded that the complaint could not be amended because Robert Cotoia was a new and distinct party. However, the Court stated, quoting Powell v. Sutliff, 410 Pa. 436 (1963), "if the right party was in court as a result of service of process and it was merely his or its designation which was sought to be changed, we would be prone to permit the amendment." 142 Pa.C.S. § 5524. -2- 06-0009 CIVIL TERM In Cianchetti, in 1968, plaintiff, was struck by an automobile owned and operated by Henry J. Kaylen. Suit was entered against Harry J. Kaylen, and a sheriff personally served him with the complaint. Harry J. Kaylen died in 1965. After the statute of limitations had run, plaintiff sought to amend the complaint to change the name of the defendant from Harry J. Kaylen to Harry J. Kaylen also known as Henry J. Kaylen. The amendment was denied. The Superior Court of Pennsylvania reversed. The Court stated that, "The issue in the instant case, therefore, is whether the appellants, in fact, sued Henry J. Kaylen, but merely used the erroneous designation of `Harry J. Kaylen,' or whether the appellants, in fact, sued Harry J. Kaylen." The Court noted that the complaint alleged that defendant, Harry J. Kaylen, is an individual residing at 2147 Chestnut Avenue, Ardmore, that on the day of the accident he operated and owned a Rambler automobile and that he negligently struck plaintiff. The Court concluded that, "Because Harry J. Kaylen died in 1965, the only possible defendant to the instant action was Henry J. Kaylen." Henry J. Kaylen was the sole resident of 2147 Chestnut Avenue, Ardmore, and the right party, Henry J. Kaylen, was served with process by the sheriff. In the case sub judice, (1) the correct name of the defendant, Bradley Thomas, was set forth in the caption and the body of the complaint, (2) he was correctly identified in the complaint as a minor being under the age of 18, who lived at 6 Edgewood Drive, Mechanicsburg, Pa, and who operated the motor vehicle involved in the accident on January 15, 2004, and (3) he, "the son," was personally served with a copy of the complaint by the sheriff. Plaintiff may amend the complaint by substituting -3- a 06-0009 CIVIL TERM the name Bradley Thomas in the caption and throughout the complaint for "Brandon Thomas a/k/a Bradley Thomas," because Bradley Thomas, who was personally served with a copy of the complaint, was the right person named as defendant under what was partly a wrong designation. ORDER OF COURT AND NOW, this -h day of September, 2006, the motion of defendants to amend the complaint, IS GRANTED. The amended complaint shall be filed within fifteen (15) days of this date. By the-Court, Edgar B. Bagley,`J. Christian C. Hugel, Esquire 502 Market Street Lemoyne, PA 17043 For Plaintiffs W. Darren Powell, Esquire 305 Front Street P.O. Box 999 Harrisburg, PA 17108 For Defendants :sal -4- JAMES KELVIN HOLT, and ANDREA HOLT, Plaintiffs vs. BRADLEY THOMAS, and CATHERINE THOMAS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-9 : CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 s. Bedford Street Carlisle, PA 17013 (717) 249-3166 NOTICIA LE RAN DEMANDADO USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y notificacion. Usted debe presenter una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de us persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivicio que es pedido en la peticion de demanda. Usted puede perder dinero os sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENNE UN 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 A VERIGUAR DONDE SE PUEDO CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 s. Bedford Street Carlisle, PA 17013 (717) 249-3166 Christian C. Hugel, Esquire I.D. No. 76062 Law Offices of Christian C. Hugel 502 Market Street Lemoyne, PA 17043 (717) 737-5255 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRADLEY THOMAS, and CATHERINE THOMAS, Defendants No. 06-9 CIVIL ACTION - LAW JURY TRIAL DEMAND AMENDED COMPLAINT AND NOW COMES, Plaintiffs, James Kelvin Holt and Andrea Holt, by and through their attorney, Christian C. Hugel, Esquire, and respectfully files this Amended Complaint and aver the following: 1. Plaintiffs James Kelvin Holt and Andrea Holt are adult individuals, married to each other, and residing at 2503 Duke Street, Harrisburg, Dauphin County, Pennsylvania, 17104. 2. Defendant Bradley Thomas, is an adult individual residing at 6 Edgewood Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Defendant Catherine Thomas, is an adult individual residing at 6 Edgewood Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 4. At the time of the incidents complained of herein, Defendant Bradley Thomas was under the age of 18, and therefore, a minor. 5. On January 15, 2004, at or about 2:00 p.m., Defendant Bradley Thomas, was operating a motor vehicle with VIN 1G1JC5117K7106416, traveling westbound on Maclay Street approaching North 7th Street, in Harrisburg, Pennsylvania. 6. At said time, Plaintiff James Kelvin Holt was operating a motor vehicle with VIN 1G6AS6988EE837490, traveling eastbound on Maclay Street approaching North 7th Street, in Harrisburg, Pennsylvania. 7. On January 15, 2004, at or about 2:00 p.m., Defendant Bradley Thomas, made an illegal left turn into the path of Plaintiff James Kelvin Holt's vehicle causing a collision between the two vehicles. 8. A "No Left Turn" sign is properly posted at the intersection in question. 9. Defendant Bradley Thomas, was issued a citation, plead guilty to the charges, and paid the appropriate fine. 10. Defendant Bradley Thomas, a minor at the time, was using a vehicle owned by Defendant Catherine Thomas with the permission of Defendant Catherine Thomas. 11. This accident resulted from the negligence and recklessness of Defendant Bradley Thomas, and Defendant Catherine Thomas and was due in no manner whatsoever to any act or failure to act on the part of Plaintiff James Kelvin Holt. 12. The negligence and recklessness of Defendant Bradley Thomas, and Defendant Catherine Thomas consisted of the following: a. Failure to properly operate and control their motor vehicle. b. Failure to obey traffic control devices. C. Operation of their motor vehicle without due regard for the rights, safety, and position of the Plaintiff at the point aforesaid. d. Operating their vehicle in violation of the statutes of the Commonwealth of Pennsylvania pertaining to the operation of vehicles on streets and highways. e. Failure to keep a reasonable and proper look out for other vehicles on the streets or highways. f. Failing to exercise a degree of care, caution, and skill reasonably required under the circumstances. g. Failing to notice Plaintiff's vehicle. h. Failing to have their vehicle under control so as to prevent their vehicle from striking Plaintiff's vehicle. i. Failure to yield to oncoming traffic. 13. As a result of this accident, Plaintiff James Kelvin Holt, who was the restrained driver of a very low mileage 1984 Cadillac in pristine condition, was transported by ambulance to the hospital for treatment of multiple traumatic injuries, which injuries are or may be permanent, and which are serious, including injuries to his back, excruciating pain, depression, anxiety, inability to walk normally, inability to work, sleeping disorders, and inability to care for his wife and children. 14. As a further result of this accident, Plaintiff James Kelvin Holt has been obliged to receive and undergo hospitalization, medical attention and care, and to incur various expenses associated with his treatment and convalescence. In addition, Plaintiff is totally unemployable, is disabled, and has lost wages. 15. As a further result of this accident, Plaintiff James Kelvin Holt has suffered severe physical and mental anguish, inconvenience, humiliation, loss of life's pleasures, and may continue to suffer the same permanently and/or for an indefinite time into the future. 16. As a result of this accident, Plaintiff Andrea Holt has suffered from the loss of life's normal relations with her husband, severe mental anguish, and has been forced to quit her job to care for her ailing husband and her children. 17. As a result of this accident, Plaintiff Andrea Holt has lost wages. WHEREFORE, Plaintiff's demand judgment against Defendants in an amount in excess of $50,000.00, plus interest and costs of suit, and in excess of any amount requiring compulsory arbitration. Respectfully submitted, G Christian C. Hugel, Esquire I.D. No. 76062 Law Offices of Christian C. Hugel 502 Market Street Lemoyne, PA 17043 (717) 737-5255 Attorney for Plaintiffs Date: l0 Z V6 VERIFICATION I, James K. Holt, Plaintiff in the within matter, verify that the statements made in the foregoing Amended Complaint are true and correct to the best of my knowledge, information, and belief. The undersigned understands that false statements therein are subject to the penalties of 18 Pa. C.S. 14904, relating to unsworn falsification to authorities. Date : James Iot kt CERTIFICATE OF SERVICE I, Christian C. Hugel, Esquire, hereby certify that the foregoing Amended Complaint was served this date by depositing a true and correct copy of same in first class U.S. Mail, postage prepaid, addressed as follows: W. Darren Powell, Esquire 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 Dated: 10 ZIOb G' 9 Christian C. Hugel, Esquire ' N ^^ ? C? ?? ?J ' ?,?, n - c-? -? _ ri ? ? a ' '? - N , ' -? r-- _ _ -ri - ?. _. w ? ?--, ?`t `?.{ ` ? T? ?-? ii W. Darren Powell, Esquire Identification No. 68953 Thomas, Thomas & Hafer, LLO P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7154 JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs, V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 06-9 JURY TRIAL DEMANDED CERTIFIC&TE 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 III of Intent to Serve Subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party at least twenty (20) days in advance of this Certificate; 2. No objection to the subpoenas has been made; and 3. The subpoenas which will be served are identical to the subpoenas which are attached to this certificate. D Date: A??' THOMAS, THOMAS & WkF", LLP W. Darren Powell, Esquire I.D. Number: 68953 305 North Front Street, P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 Attorney for Defendant THOMAS, THOMAS & HAFER, 4LP 305 North Front Street i P.O. Box 999 Harrisburg, PA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendarits : CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Stanley Goldman, M.D., 4700 Union Deposit Road Harrisburg, PA 17111 Within twenty (20) days 4fter service of this subpoena, you are ordered by the court to produce the following documents or things: at: Thomas Thomas & Hafgr LLP 305 N Front St. P.O. Box 999, Harrisburg, PA 17108-0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-71554 SUPREME COURT ID#: 6953 ATTORNEY FOR: Defenda t BY THE COURT: DATE: Seal the Court Prothonotary/Clerk,Divripion Deputy THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants CIVIL ACTION LAW : NO. 06-9 JURY TRIAL DEMANDED W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Harrisburg Diagnostic Center, 50 North 12`h Street Lemoyne, PA 17043 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: treatment rendered on behalf of James Holt; d/o/b: 01/14/65, ssn: 220-78-3538. at: Thomas Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108-0999. 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: W. Darren Powell Esquire ADDRESS: P.O. Box 999, Marburg, PA 17108-0999 TELEPHONE: (717) 237-71154 SUPREME COURT ID#: 8953 ATTORNEY FOR: Defendant BY TH),COURT- l DATE: Seal o the Court Prothonotary/Cler lion Deputy THOMAS, THOMAS & HAFER, 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I JAMES KELVIN HOLT and : CIVIL ACTION LAW ANDREA HOLT, Plaintiffs V. : NO. 06-9 BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants : JURY TRIAL DEMANDED SU POENA TO PRODUCE DOCUMENTS OR THINGS OR DISCOVERY PURSUANT TO RULE 4009.22 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants TO: Magnetic Imaging C?nter, 4665 Trindle Road Mechanicsburg PA 17055 Within twenty (20) days Rafter service of this subpoena, you are ordered by the court to produce the following documents or things: 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 I SUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: W. Darren Powel , Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237- 154 SUPREME COURT ID#: 8953 ATTORNEY FOR: Defen nt BY THE COURT: DATE: Seal o the Cou Prothonotiary/Clerk,?vi ivisio Deputy 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. THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants CIVIL ACTION LAW : NO. 06-9 : JURY TRIAL DEMANDED W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS VOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Goodman 1515 North Front Street Harrisburg PA 17102 Within twenty (20) days 'after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records reports physical therapy records treatment notes diagnostic studies emergency room records ambulance TRIP sheets writings, correspondence, etc., for treatment rendered on beh*lf of James Holt; d/o/b: 01/14/65, ssn: 220-78-3538. at: Thomas Thomas & Hafer LLP 305 N. Front St. P.O. Box 999, Harrisburg, PA 17108-0999. 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: W. Darren Powel, Esquire ADDRESS: P.O. Box 999,8arrisburg, PA 17108-0999 TELEPHONE: (717) 2?7-" 154 SUPREME COURT ID#: 8953 ATTORNEY FOR: Defendant BY THE COURT: DATE: Q'c-1.1-*s-L Seal the Court Prothonotary/C1erk? i1 ivis n ?i Deputy THOMAS; THOMAS & HAFER, 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS'. Defendants W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS gOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Susquehanna Surgeons Ltd 20 Erford Road, Suite 110, Lemoyne, PA 17043 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: You may deliver or mail llegible 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'. NAME: W. Darren Powel ADDRESS: P.O. Box 999 TELEPHONE: (717) 237- SUPREME COURT ID#: ATTORNEY FOR: Defen DATE: Seal f the Court CIVIL ACTION LAW NO. 06-9 : JURY TRIAL DEMANDED UED AT THE REQUEST OF THE FOLLOWING PERSON: , Esquire Harrisburg, PA 17108-0999 154 58953 BY THE COURT: Prothon tary/Clerk- Ci Divisi Deputy at: Thomas Thomas & Hafer LLP 305 N Front St. P.O. Box 999, Harrisburg, PA 17108-0999. THOMAS, THOMAS & HAFER, ULP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. CIVIL ACTION LAW NO. 06-9 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants BRANDON N. THOMA a/k/a BRADLEY TGO S and CATHERINE THOMAS' Defendants : JURY TRIAL DEMANDED SUIE POENA TO PRODUCE DOCUMENTS OR THINGS tOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Good Samaritan Hoopital, 750 Norman Drive, Lebanon, PA 17042 Within twenty (20) days 'after service of this subpoena, you are ordered by the court to produce the following documents or things: 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 I SUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: W. Darren Powel , Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237- 154 SUPREME COURT ID#: 8953 ATTORNEY FOR: Defendant BY THE C URT: 0 fc DATE: 9ic'ns, Seal o the Co! Prothono ary/Clerk CCi, i ivi on Deputy at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108-0999. THOMAS, THOMAS & HAFER, 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and : CIVIL ACTION LAW ANDREA HOLT, Plaintiffs] : V. : NO. 06-9 BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS'. Defendants : JURY TRIAL DEMANDED 1POENA TO PRODUCE DOCUMENTS OR THINGS OR DISCOVERY PURSUANT TO RULE 4009.22 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants TO: Concentra Medical Center, 4400 Lewis Road Harrisburg PA 17111 Within twenty (20) days ' fter service of this subpoena, you are ordered by the court to produce the following documents or th ngs: Com lete copies of any an d all medical records reports, physical them records treatment notes diagnostic studies emer e c room records ambulance TRIP sheets writings, correspondence, etc. for treatment rendered on beh if of James Holt; d/o/b: 01/14/65 ssn: 220-78-3538. at: Thomas, Thomas & Hater LLP 305 N. Front St P.O. Box 999, Harrisburg, PA 17108-0999 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 ?n 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 tl?is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS I?SUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: W. Darren PowellI Esquire ADDRESS: P.O. Box 999, arrisburg, PA 17108-0999 TELEPHONE: (717) 237-7 54 SUPREME COURT ID#: 8953 ATTORNEY FOR: Defend nt BY THE COUR, : DATE: O'C.4 . / Seal o the Court Prothonot4/Clerk, Ciy ivisiop/ Deputy THOMAS, THOMAS & HAFER, 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMA; a/k/a BRADLEY THOM CATHERINE THOMAS Defenda CIVIL ACTION LAW : NO. 06-9 and JURY TRIAL DEMANDED W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants OENA TO PRODUCE DOCUMENTS OR THINGS TO: Concentra Medical Center, 44910 Ritter Road, Mechanicsburg, PA 1 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or th ngs: diagnostic studies. emert?e'ncv room records. ambulance TRIP sheets. writings. correspondence. etc.. for at: & Hafer_ LLP PA 171 You may deliver or mail 1 gible copies of the documents or produce things requested by this subpoena, together with the certifica a 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 cuments 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 I SUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: W. Darren Pow el , Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237- 154 SUPREME COURT ID#: 8953 ATTORNEY FOR: Defen t BY THE COURT: DATE:,. , , ` Seal o the Court ` Prothonotary/Clerk,v 1 T3i6s' n Deputy THOMAS, THOMAS & HAFER, 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS a/k/a BRADLEY THOM S and CATHERINE THOMAS'. Defendants CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED A TO PRODUCE DOCUMENTS OR THINGS TO: at: You may deliver or mail 1 together with the certifica- You have the right to seek sought. If you fail to produce the service, the party serving THIS SUBPOENA WAS I NAME: W. Darren Powel ADDRESS: P.O. Box 999, TELEPHONE: (717) 237 SUPREME COURT ID#: ATTORNEY FOR: Defenc DATE: Seal o the Court 7 St.. P W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants ible copies of the documents or produce things requested by this subpoena, of compliance, to the party making this request at the address listed above. advance, the reasonable cost of preparing the copies or producing the things zments or things required by this subpoena, within twenty (20) days after its subpoena may seek a court order compelling you to comply with it. UED AT THE REQUEST OF THE FOLLOWING PERSON: Esquire 154 3 PA 17108-0999 BY THE C URT: t Prothonoiaiy/Clei?i?i Divi.sl n +t Deputy Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: THOMAS, THOMAS & HAFER, 1 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 JAMES KELVIN HOLT ANDREA HOLT, Plaintiffs V. BRANDON N. THOMA, a/k/a BRADLEY THOM CATHERINE THOMAS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 06-9 and JURY TRIAL DEMANDED TO: Central A TO PRODUCE DOCUMENTS OR THINGS 2 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: c at: You may deliver or mail 1 gible 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 d cuments 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 I SUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: W. Darren Powel , Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237- 154 SUPREME COURT ID#: 8953 ATTORNEY FOR: Defen nt BY THE CO T: l DATE: ; Seal o the Court Prothonotary/Clerk, Division Deputy THOMAS, THOMAS & HAFER, 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 JAMES KELVIN HOLT ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOM CATHERINE THOMAS : CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants A TO PRODUCE DOCUMENTS OR THINGS TO: Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: at: Thomas, Thomas & 1-16er, LLP, 30 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the cextifica e of compliance, to the party making this request at the address listed above. You have the right to see in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the ocuments or things required by this subpoena, within twenty (20) days after its service, the party serving t is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS SSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: W. Darren Powe Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237- 154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defen ant BY THE C URT: DATE: %-9V fo Sea] Abe Court Prothon tart'/Clerk vil Dii7 ion IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA and Deputy THOMAS, THOMAS & HAFER, 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT nd : CIVIL ACTION LAW ANDREA HOLT, Plaintiffs V. : NO. 06-9 BRANDON N. THOMA a/k/a BRADLEY THOM S and CATHERINE THOMAS Defendants : JURY TRIAL DEMANDED W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants A TO PRODUCE DOCUMENTS OR THINGS TO: Penn Central Springo, 2359 Woodlawn Street, Harrisburg, PA 17104 Within twenty (20) days fter service of this subpoena, you are ordered by the court to produce the following documents or things: James Holt, d/o/b: 01/14/6, ssn: 220-78-3538. at: Thomas. Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisbum, PA 17108-0999. You may deliver or mail 1 gible copies of the documents or produce things requested by this subpoena, together with the certifica of compliance, to the party making this request at the address listed above. You have the right to seek ?n advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the d cuments 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 I SUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: W. Darren Powell Esquire ADDRESS: P.O. Box 999, amr burg, PA 17108-0999 TELEPHONE: (717) 237- 154 SUPREME COURT ID#: 8953 ATTORNEY FOR: Defen t BY THE COURT: DATE: / .? Seal f the Cou Prothonotary"/Clerk,. evil ivision Deputy THOMAS, THOMAS & HAFER, 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 JAMES KELVIN HOLT ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOM CATHERINE THOMAS Defenda 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA d : CIVIL ACTION LAW NO. 06-9 and JURY TRIAL DEMANDED A TO PRODUCE DOCUMENTS OR THINGS W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants TO: R&R Plaster & Drvwall, 325 Eastern Drive Harrisburg PA 17055 Within twenty (20) days fter service of this subpoena, you are ordered by the court to produce the following documents or things: James at: etc You may deliver or mail 1 gible 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 cuments 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 8953 ATTORNEY FOR: Defen ant BY THE C T: DATE: I Seal A the Court Prothon Lary/Clerk, vilVision Deputy I PHOMAS, THOMAS & HAFER, l LP W. Darren Powell, Esquh 905 North Front Street dpowell@tthlaw.coi 1 .0. Box 999 Attorney I.D. 689E iarrisburg, PA 17108 717.237.71E Attorneys for Defendan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and : CIVIL ACTION LAW ANDREA HOLT, Plaintiffs V. : NO. 06-9 BRANDON N. THOMA S, a/k/a BRADLEY THOM AS and CATHERINE THOMAS Defenda nts : JURY TRIAL DEMANDED SU POENA TO PRODUCE DOCUMENTS OR THINGS ? QR DISCOVERY PURSUANT TO RULE 4009.22 TO: Inservco Insurance Services. Inc. Workers Compensation Claims Unit 3461 Market Street Suite 201 Cam Hill PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or th ings: An and all employment ecords workers compensation documents Bureau documents claim numbers disability slips, medical ecords an and all inde endent medical examination reports, supplemental reports, claim logs, clai notices work notes correspondence, documents etc. re ardin Claimant: James Holt• d/o/b: 01/1 /65 ssn: 220-78-3538 em to er: Cumberland Pe Association Date of Accident: 5/29/92. at: Thomas Thomas & Ha fer, LLP 305 N. Front St. P.O. Box 999, Harrisburg, PA 17108-0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certifica te of compliance, to the party making this request at the address listed above. You have the right to see in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the ocuments or things required by this subpoena, within twenty (20) days after its service, the party serving his subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: [NAME: W. Darren Powel l, Esquire ADDRESS: P.O. Box 999 , Harrisburg, PA 17108-0999 TELEPHONE: (717) 237- 7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defen dant BY THE C T: ? DATE: - 6(j (? Seal of e Court Prothonotary/Clerly iyil DivA'pion Y Deputy 'HOMAS, THOMAS & HAFER, L P W. Darren Powell, Esquh 05 North Front Street dpowell@tthlaw.coi '.O. Box 999 Attorney I.D. 689° iarrisburg, PA 17108 717-237-71°, Attorneys for Defendan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT nd : CIVIL ACTION LAW ANDREA HOLT, : Plaintiffs V. : NO. 06-9 BRANDON N. THOMAS , a/k/a BRADLEY THOMA S and CATHERINE THOMAS Defendan ts : JURY TRIAL DEMANDED SUB POENA TO PRODUCE DOCUMENTS OR THINGS OR DISCOVERY PURSUANT TO RULE 4009.22 TO: Harleysville Insuranc e Com an 2700 Commerce Drive Harrisburg, PA 17110 Within twenty (20) days after service of this subpoena, you are ordered by. the court to produce the following documents or thi ngs: An and all em to ent cords workers compensation documents Bureau documents claim numbers disabili slips, medical r ecords an and all independent medical examination re orts su lemental reports, claim logs, clai notices work notes correspondence, documents etc. re ardin Claimant: James Holt; d/o/b: 01/14/6 ssn: 220-78-3538 olic #: WC 8A 1228, claim #: W44-190071-U insured: R&R Plaster & D all d ate of iniu : 5/25/94. at: Thomas Thomas & Ha fer, LLP 305 N. Front St. P.O. Box 999, Harrisbur PA 17108-0999. You may deliver or mail l egible copies of the documents or produce things requested by this subpoena, together with the certifica a 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 d ocuments or things required by this subpoena, within twenty (20) days after its service, the party serving th is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS I SSUED AT THE REQUEST OF THE FOLLOWING PERSON: !NAME: W. Darren Powell , Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237- 154 SUPREME COURT ID#: 8953 ATTORNEY FOR: Defen ant BY THE CO T: DATE: Sea] of the Court Prothon ry/Cler ivi on Deputy THOMAS, THOMAS & HAFER, LP W. Darren Powell, Esquire 305 North Front Street dpowell@tthlaw.com P.O. Box 999 Attorney I.D. 68953 Harrisburg, PA 17108 717-237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and : CIVIL ACTION LAW ANDREA HOLT, Plaintiffs V. NO. 06-9 BRANDON N. THOMAS, a/k/a BRADLEY THOMAS a d CATHERINE THOMAS Defendant : JURY TRIAL DEMANDED BPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Within twenty (20) days aler service, of this subpoena, you are ordered by the court to produce the following documents or things: January 15, 2004. at: Thomas, Thomas & Hafer LLP, 305 N. Front St., P You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compli nce, 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 do?uments or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoe a may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, H sburg, PA 17108-0999 TELEPHONE: (717) 237-71 1 SUPREME COURT ID#: 68 53 ATTORNEY FOR: Defend t BY THE COJIRT: f DATE: C? Prothon /Clerk, Ci sio Seal of the Court Deputy THOMAS, THOMAS & HAFER, 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 JAMES KELVIN HOLT ANDREA HOLT, Plaintiffs V. BRANDON N. THOMA , a/k/a BRADLEY THOM CATHERINE THOMAS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION LAW NO. 06-9 and : JURY TRIAL DEMANDED W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants A TO PRODUCE DOCUMENTS OR THINGS SCOVERY PURSUANT TO RULE 4009.22 TO: PA 1 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: J at: You may deliver or mail together with the certific You have the right to see: sought. If you fail to produce the service, the party serving THIS SUBPOENA WAS NAME: W. Darren Powe] ADDRESS: P.O. Box 999 TELEPHONE: (717) 237- SUPREME COURT ID#: ATTORNEY FOR: Defen ssn: llu- ni- egible copies of the documents or produce things requested by this subpoena, e of compliance, to the party making this request at the address listed above. in advance, the reasonable cost of preparing the copies or producing the things cuments or things required by this subpoena, within twenty (20) days after its s subpoena may seek a court order compelling you to comply with it. SSUED AT THE REQUEST OF THE FOLLOWING PERSON: [, Esquire Harrisburg, PA 17108-0999 7154 68953 BY THE CO T. DATE: Sea] of he Court Prothonot ty/Clerk-, vi ivisio` Deputy THOMAS, THOMAS & HAFER, t 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 JAMES KELVIN HOLT ANDREA HOLT, Plaintiffs V. BRANDON N. THOMA; a/k/a BRADLEY THOM CATHERINE THOMAS Defenda TO: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA and and CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants ENA TO PRODUCE DOCUMENTS OR THINGS iation. 217 701 Within twenty (20) days ?fter service of this subpoena, you are ordered by the court to produce the following documents or th gs: at: Thomas, "l'homas & Hatter, LLP, 305 N. Front St., P.O. Box 999, Harrisburg. P You may deliver or mail 1 gible copies of the documents or produce things requested by this subpoena, together with the certificat 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 d cuments or things required by this subpoena, within twenty (20) days after its service, the party serving th s subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS I SUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, arrisburg, PA 17108-0999 TELEPHONE: (717) 237-7 54 SUPREME COURT ID#: 8953 ATTORNEY FOR: Defend nt BY THE COURT: DATE: Seal o the Court Prothonotary/Clerk, Civ visi, . Deputy CERTIFICATE OF SERVICE I, Kate A. Wil hereby certify that I the following persons mail, directed to the a Paralegal for the law firm Thomas, Thomas & Hafer, LLP, served a true and correct copy of the foregoing document on placing a copy of the same in the United States mail, first class ressed as follows, on the date set forth below: Christian C. Hugel, Esquire 502 Market Street Lemoyne, PA 17043 THOMAS, THOMAS & HAFER, LLP Kate A. Wilhelm, Paralegal Dated: n I 455261.1 r, ? i ?, ? ?,7 .? - _-? n ti-: _ ;? ? i?r . . . 1 --C tt.7 f THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs, V. BRADLEY THOMAS and CATHERINE THOMAS, No. 06-9 JURY TRIAL DEMANDED Defendants. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of W. Darren Powell, Esquire on behalf of Defendant Bradley Thomas in the above-referenced matter. Date: October 6, 2006 W. Darren Powell, Esquire dpowell@tthlaw.com Attorneyl.D. 68953 717-237-7154 for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I.D. Number: 68953 305 North Front Street, P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 Attorney for Defendants L --? CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Christian C. Hugel, Esquire 502 Market Street Lemoyne, PA 17043 THOMAS, THOMAS & HAFER, LLP Dated: October 6, 2006 Wendy Rhoad - `i7 rz . c-J _ ° ra ; _ °.+ ....? ?; ., ._... - - ? --- • . - ? ??r __ r a c `t F r .. ?? ; c THOMAS, THOMAS iii HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs, V. BRADLEY THOMAS and CATHERINE THOMAS, Defendants. for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 06-9 JURY TRIAL DEMANDED DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFFS' AMENDED COMPLAINT AND NOW comes Defendants, Bradley and Catherine Thomas, by and through their attorneys, Thomas, Thomas and Hafer, LLP, and file the following Preliminary Objections to Plaintiffs' Amended Complaint, and aver as follows: 1. Plaintiff James Kelvin Holt was involved in an automobile accident on or about January 14, 2004, in which Plaintiff's vehicle was struck by a vehicle being driven by Defendant Bradley Thomas. 2. Plaintiffs filed an Amended Complaint on October 2, 2006, alleging injuries sustained as a result of the accident. A copy of Plaintiffs' Amended Complaint is attached hereto as Exhibit A. 1 I. Preliminary Objection Pursuant to Pa.R.C.P. 1028(a)(3) Insufficient Specificity 3. Defendants incorporate by reference paragraphs 1-2 as if set forth fully herein. 4. Paragraphs 11 and 12 of Plaintiff's Amended Complaint contain bald assertions that Defendants were "reckless." 5. A defendant acts recklessly when his conduct creates an unreasonable risk of physical harm to another and such risk is substantially greater than that which is necessary to make his conduct negligent. Phillips v. Cricket Lighters, 883 A.2d 439, 445-46 (Pa. 2005). 6. Under Pennsylvania law, recklessness requires a showing that the actor knew or had reason to know of facts which created a high degree of risk or physical harm to another and that the actor deliberately proceeded to act, or failed to act, in conscious disregard of, or indifference to, that risk. SHV Coal. Inc. v. Cont'I Grain Co., 587 A.2d 702, 704 (Pa. 1991). 7. In the matter sub judice, Plaintiffs' Amended Complaint is devoid of any facts demonstrating that either Defendant knew or had reason to know that his or her conduct created an unreasonable risk of physical harm to another or that such risk was substantially greater than that which is necessary to make his or her conduct negligent. 8. Even when read in the light most favorable to Plaintiffs, the factual allegations set forth in Plaintiffs' Amended Complaint support no more than a claim for ordinary negligence and since Plaintiffs have failed to plead any facts which would support the allegation that either Defendant was reckless, the word "recklessness" should be stricken from Plaintiffs' Amended Complaint. 2 WHEREFORE Defendants respectfully request this Honorable Court sustain their Preliminary Objections, and strike the word "recklessness" from Plaintiffs' Amended Complaint, with prejudice. II. Preliminary Objection Pursuant to Pa.R.C.P. 1028(a)(3) Insufficient Specificity 9. Defendants incorporate by reference paragraphs 1-8 as if set forth fully herein. 10. Paragraph 12(a) of Plaintiffs' Amended Complaint alleges that Defendants were "negligent" in their "[f]ailure to properly operate and control their motor vehicle." 11. Paragraph 12(c) of Plaintiffs' Amended Complaint alleges that Defendants were "negligent" in their "[o]peration of their motor vehicles without due regard for the rights, safety, and position of the Plaintiff[.]" 12. Paragraph 12(d) of Plaintiffs' Amended Complaint alleges that Defendants were "negligent" in "[o]perating their vehicle in violation of the statutes of [Pennsylvania] pertaining to operation of vehicles on streets and highways." 13. Paragraph 12(f) of Plaintiffs' Amended Complaint alleges that Defendants were "negligent" in "[f]ailing to exercise a degree of care, caution, and skill reasonably required under the circumstances." 14. Pa.R.C.P. 1028(a)(3) states that a party may file a preliminary objection on the grounds that a pleading lacks sufficient specificity. 15. Pa.R.C.P. 1019(a) provides that a complaint must not only allege all the material facts upon which a cause of action lies, but it must plead each fact in a concise and summary form. 3 16. Pa.R.C.P. 1019(a) has been interpreted to mean "that the complaint must not only apprise the defendant of an asserted claim, but it must also synopsize the essential facts to support the claim." Miketic v. Baron, 675 A.2d 234, 331 (Pa. Super. 1996). 17. A defendant may file preliminary objections and move to strike off an insufficient statement, or may obtain a rule for a more specific statement. Connor v. Allegheny Gen. Hosp., 461 A.2d 600, 603 n.3 (Pa. 1983). 18. The aforementioned averments of Plaintiffs' Amended Complaint are insufficient in specificity to put Defendants on notice as to how they "negligently" failed to properly operate and control their motor vehicle;" "operate their motor vehicle without due regard for the rights, safety, and position of the Plaintiff;" "operate their vehicle in violation of [Pennsylvania statutes] pertaining to the operation of vehicles;" and "failing to exercise a degree of care, caution, and skill reasonably required under the circumstances." 19. These general and vague averments fail to comply with Pennsylvania law and with applicable rules of court in that they lack the requisite specificity. 20. Accordingly, paragraphs 12 (a), (c), (d), and (f) should be stricken from Plaintiffs' Amended Complaint with prejudice. 21. Alternatively, Plaintiffs should be ordered to file a more definite statement setting forth paragraphs with the requisite specificity. WHEREFORE, Defendants respectfully request this Honorable Court sustain their Preliminary Objections, and strike paragraphs 12(a), (c), (d), and (f) from Plaintiffs' 4 Amended Complaint, with prejudice, or in the alternative, order Plaintiff to plead with specificity what constitutes this other failure or conduct. Ill. Preliminary Objection Pursuant to Pa.R.C.P. 1028(a)(2) Inclusion of Scandalous or Impertinent Matter and Pleading Evidence 22. Defendants incorporate by reference paragraphs 1-21 as if set forth fully herein. 23. Paragraph 9 of Plaintiffs' Amended Complaint avers that "Defendant Bradley Thomas, was issued a citation, plead guilty to the charges, and paid the appropriate fine." 24. Pa.R.C.P. 1028(a)(2) states that a party may file a preliminary objection on the grounds that a pleading includes scandalous or impertinent matter. 25. "Impertinence in a pleading is the averment of a fact or facts which are irrelevant to the material issues and which, whether proven or not, or whether admitted or denied, can have no influence in leading to the result of judicial inquiry." Trudnak v. Linty, 44 Pa. D.&C.3d 493, 495 (Union Co. 1986)(citing Lyme v. Olewine, 3 Pa. D.&C.2d 112,114 (Dauphin Co. 1955). 26. Scandalous matter "consists of any unnecessary allegation which bears cruelly upon the moral character of an individual, or states anything which is contrary to good manners, or anything which is unbecoming to the dignity of the court to hear, or which charges some person with a crime, not necessary to be shown." Bland v. Bland, 50 Pa. D.&C.2d 44, 53 (Franklin Co. 1970). 27. The allegations contained in Paragraph 9, whether admitted or denied, can have no influence on the outcome of this case since, under Pennsylvania law such evidence is inadmissible. See 42 Pa.C.S. §6142. 5 28. Finally, Paragraph 9 should be stricken because it pleads evidence. 29. Under Pennsylvania law, "'[m]aterial facts' are 'ultimate facts,' i.e., those facts essential to support the claim [, and] [e]vidence from which such facts may be inferred not only need not but should not be alleged." Baker v. Rangos, 324 A.2d 498, 505 (Pa. Super. 1974)(emphasis added). 30. The averments of Paragraph 9 are neither material nor essential to Plaintiffs asserted causes of action against Defendants. WHEREFORE, Defendants respectfully request this Honorable Court sustain their Preliminary Objections and strike Paragraph 9 from Plaintiffs' Amended Complaint, with prejudice. Dated: October 20, 2006 Thomas, Thomas and Hafer, LLP 305 North Front Street, P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 Attorneys for Defendants 6 ??r? ? ?,?? JAMES KELVIN HOLT, and IN THE COURT OF COMMON PLEAS ANDREA HOLT, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs 0 vs. NO. 06-9 c" -n C:) rs -n BRADLEY THOMAS and :CIVIL ACTION - LAW CATHERINE THOMAS, Defendants `- NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the ° following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 s. Bedford Street Carlisle, PA 17013 (717) 249-3166 NOTICIA LE HAN DEMANDADO USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes usted tiene veinte (20) dias de plazo at partir de la fecha de la demanda y notificacion. Usted debe presenter una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de us persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notification y por cualquier queja o alivicio que es pedido en la petition de demanda. Usted puede perder dinero os sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENNE UN 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 A VERIGUAR DONDE SE PUEDO CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 s. Bedford Street Carlisle, PA 17013 (717) 249-3166 Christian C. Hugel, Esquire I.D. No. 76062 Law Offices of Christian C. Hugel 502 Market Street Lemoyne, PA 17043 (717)737-5255 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRADLEY THOMAS, and CATHERINE THOMAS, Defendants No. 06-9 CIVIL ACTION - LAW JURY TRIAL DEMAND AMENDED COMPLAINT AND NOW COMES, Plaintiffs, James Kelvin Holt and Andrea Holt, by and through their attorney, Christian C. Hugel, Esquire, and respectfully files this Amended Complaint and aver the following: 1. Plaintiffs James Kelvin Holt and Andrea Holt are adult individuals, married to each other, and residing at 2503 Duke Street, Harrisburg, Dauphin County, Pennsylvania, 17104. 2. Defendant Bradley Thomas, is an adult individual residing at 6 Edgewood Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Defendant Catherine Thomas, is an adult individual residing at 6 Edgewood Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 4. At the time of the incidents complained of herein, Defendant Bradley Thomas was under the age of 18, and therefore, a minor. 5. On January 15, 2004, at or about 2:00 p.m., Defendant Bradley Thomas, was operating a motor vehicle with VIN 1G1JC5117K7106416, traveling westbound on Maclay Street approaching North 7th Street, in Harrisburg, Pennsylvania. 6. At said time, Plaintiff James Kelvin Holt was operating a motor vehicle with VIN 1G6AS6988EE837490, traveling eastbound on Maclay Street approaching North 7th Street, in Harrisburg, Pennsylvania. 7. On January 15, 2004, at or about 2:00 p.m., Defendant Bradley Thomas, made an illegal left turn into the path of Plaintiff James Kelvin Holt's vehicle causing a collision between the two vehicles. 8. A "'No Left Turn" sign is properly posted at the intersection in question. 9. Defendant Bradley Thomas, was issued a citation, plead guilty to the charges, and paid the appropriate fine. 10. Defendant Bradley Thomas, a minor at the time, was using a vehicle owned by Defendant Catherine Thomas with the permission of Defendant Catherine Thomas. 11. This accident resulted from the negligence and recklessness of Defendant Bradley Thomas, and Defendant Catherine Thomas and was due in no manner whatsoever to any act or failure to act on the part of Plaintiff James Kelvin Holt. 12. The negligence and recklessness of Defendant Bradley Thomas, and Defendant Catherine Thomas consisted of the following: a. Failure to properly operate and control their motor vehicle. b. Failure to obey traffic control devices. C. Operation of their motor vehicle without due regard for the rights, safety, and position of the Plaintiff at the point aforesaid. d. Operating their vehicle in violation of the statutes of the Commonwealth of Pennsylvania pertaining to the operation of vehicles on streets and highways. e. Failure to keep a reasonable and proper look out for other vehicles on the streets or highways. f. Failing to exercise a degree of care, caution, and skill reasonably required under the circumstances. g. Failing to notice Plaintiff's vehicle. h. Failing to have their vehicle under control so as to prevent their vehicle from striking Plaintiff's vehicle. i. Failure to yield to oncoming traffic. 13. As a result of this accident, Plaintiff James Kelvin Holt, who was the restrained driver of a very low mileage 1984 Cadillac in pristine condition, was transported by ambulance to the hospital for treatment of multiple traumatic injuries, which injuries are or may be permanent, and which are serious, including injuries,to his back, excruciating pain, depression, anxiety, inability to walk normally, inability to work, sleeping disorders, and inability to care for his wife and children. 14. As a further result of this accident, Plaintiff James Kelvin Holt has been obliged to receive and undergo hospitalization, medical attention and care, and to incur various expenses associated with his treatment and convalescence. In addition, Plaintiff is totally unemployable, is disabled, and has lost wages. 15. As a further result of this accident, Plaintiff James Kelvin Holt has suffered severe physical and mental anguish, inconvenience, humiliation, loss of life's pleasures, and may continue to suffer the same permanently and/or for an indefinite time into the future. 16. As a result of this accident, Plaintiff Andrea Holt has suffered from the loss of life's normal relations with her husband, severe mental anguish, and has been forced to quit her job to care for her ailing husband and her children. 17. As a result of this accident, Plaintiff Andrea Holt has lost wages. WHEREFORE, Plaintiff's demand judgment against Defendants in an amount in excess of $50,000.00, plus interest and costs of suit, and in excess of any amount requiring compulsory arbitration. Respectfully submitted, f G, Christian C. Hugel, Esquire I.D. No. 76062 Law Offices of Christian C. Hugel 502 Market Street Lemoyne, PA 17043 (717) 737-5255 Attorney for Plaintiffs ® 6 Date: lO 2 VERIFICATION I, James K. Holt, Plaintiff in the within matter, verify that the statements made in the foregoing Amended Complaint are true and correct to the best of my knowledge, information, and belief. The undersigned understands that false statements therein are subject to the penalties of 18 Pa. C.S. 14904, relating to unsworn falsification to authorities. Date : / 0/D 2 /O,6 JamesK. j" oIt i! CERTIFICATE OF SERVICE I, Christian C. Hugel, Esquire, hereby certify that the foregoing Amended Complaint was served this date by depositing a true and correct copy of same in first class U.S. Mail, postage prepaid, addressed as follows: W. Darren Powell, Esquire 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 Dated: 10 Z ?,6 L42-? Christian C. Hugel, Esquire CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Christian C. Hugel, Esquire 502 Market Street Lemoyne, PA 17043 Attorney for Plaintiffs THOMAS, THOMAS && HHA'FER, LLP Wendy Rhpp s Dated: October 20, 2006 7 r....? ? ?:_.:a r` ? ? ? ?j _. .. : z t m . ....? ? r . ? "? -Sl -? i .. Y? -? ?? ?? PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.) Defendants' Preliminary Obiections to Plaintiffs' Amended Complaint 2. Identify counsel who will argue cases: (a) for plaintiff: Christian C. Hugel. Esquire, Law Offices of Christian C. Huael. 502 Market Street, Lemoyne, PA 17043 (b) for defendant: W. Darren Powell, Esquire, Thomas, Thomas and Hafer LLP, 305 North Front Street, P.O. Box 999, Harrisburg, PA 17108 3. i wiii notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: P.O. Box 999 Harrisburg, PA 17108 (717) 237-7154 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Christian C. Hugel, Esquire 502 Market Street Lemoyne, PA 17043 THOMAS, THOMAS & HAFER, LLP endy RhoadW Dated: November 7, 2006 f_? n -? f l ca ?ti PRAEC[PE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.) Defendants' Preliminary Objections to Plaintiffs' Amended Complaint 2.. Identify counsel who will argue cases: (a) for plaintiff. Christian C Hugel, Esquire Law Offices of Christian C. Hugel, 502 Market Street, Lemoyne, PA 17043 (b) for defendant: Corey J. Adamson Esquire, Thomas, Thomas and Hafer LLP 305 North Front Street P.O. Box 999, Harrisburg, PA 17108 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: January 24, 2007 THOMAS, THOMAS & HAFER, LLP By: e Adamson, Esquire A rney I.D. 204508 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7639 436029.2 CERTIFICATE OF SERVICE AND NOW, this day of December, 2007, I, Corey J. Adamson, Esquire, THOMAS, THOMAS & HAFER, LLP, hereby certify that I have this day served the Praecipe for Listing Case for Argument by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Christian C. Hugel, Esquire 502 Market Street Lemoyne, PA 17043 By: 436029.2 THOMAS, THOMAS & HAFER, LLP r?7? _TJ -, ca 24 James Kelvin Holt and Andrea Holt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Brandon N. Thomas a/k/a Bradley Thomas and Catherine Thomas NO. 06-9 CIVIL TERM ORDER OF COURT AND NOW, December 7, 2006, by agreement of counsel, the above-captioned matter is continued from the December 6, 2006 Argument Court list. Counsel is directed to relist the case when ready. Edgar B. Christian C. Hugel, Esquire For the Plaintiff ?-off W. Darren Powell, Esquire For the Defendant Court Administrator kam By the Court, %uvlt I,?, _,'v1. Af { U •9 8.310 9601 W. Darren Powell, Esquire Identification No. 68953 Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7154 JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs, Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants. No. 06-9 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party at least twenty (20) days in advance of this Certificate; 2. No objection to the subpoenas has been made; and 3. The subpoenas which will be served are identical to the subpoenas which are attached to this certificate. THOM , THOMAS & H R, LLP ALk W. arren Powell, Esquire I.D. Number: 68953 305 North Front Street, P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 Attorney for Defendant Date: l CERTIFICATE OF SERVICE I, Kate A. Wilhelm, a Paralegal for the law firm Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing a copy of the same in the United States mail, first class mail, directed to the addressed as follows, on the date set forth below: Christian C. Hugel, Esquire 502 Market Street Lemoyne, PA 17043 THOMAS, THOMAS & HAFER, LLP 41 Kate A. Wil elm, Paralegal Dated: il3)0 455261.1 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants TO: Community General Osteopathic Hospital, 4300 Londonderry Road, Harrisburg, PA 17109 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, reports physical therapy records treatment notes diagnostic studies emergency room records ambulance TRIP sheets writings correspondence etc for treatment rendered on behalf of James Holt; d/o/b: 01 /14/65 ssn: 220-78-3538 at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg PA 17108-0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant DATE:(Oci Seal of the Codrt BY THE OURT: r Prot onotary/C, Civil livision Deputy THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants TO: Rite-Aid Corporation, P.O. Box 371115, Pittsburgh, PA 15250 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all prescription records, correspondence, itemized bills, etc. for treatment rendered on behalf of James Holt d/o/b: 0 1/14/65ssn: 220-78-3538. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108-0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant DATE: Seal of the Cou BY T COURT: Pro onotary Civ' Division Deputy THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants TO: Weis Pharmacy, 1000 South Second Street, P.O. Box 471, Sunbury, PA 17801-0471 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete codes of any and all prescription records, correspondence, itemized bills, etc. for treatment rendered on behalf of James Holt d/o/b: 01/14/65 ssn: 220-78-3538. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 1 7 1 08-0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID4: 68953 ATTORNEY FOR: Defendant DATE: nfi .; l D? Seal of the Cou BY TH COURT: Prot onotary/C1 ivil ivision Deputy THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants TO: Bellview Medical Clinic, 1118 North Third Street, Suite 100, Harrisburg, PA 17102 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, reports, physical therapy records, treatment notes, diagnostic studies, emergency room records, writings, correspondence, etc., for treatment rendered on behalf of James Holt; d/o/b: 01/14/65, ssn: 220-78-3538. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108-0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant DATE: (1-4.2 ?Gf6 Sea] of the Cdurt BY TH OProth notary/Cler , ivil Df ision Deputy THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants TO: Rehab Options 2501 North Third Street Harrisburg PA 17110 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records reports physical therapy records treatment notes, diagnostic studies emergency room records writings correspondence etc for treatment rendered on behalf of James Holt: d/o/b: 01/14/65, ssn: 220-78-3538. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg PA 17108-0999 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant DATE: (S4 Seal of the Court BY TH 'TICOt?RT: Proth, notary/Cl Civr ivision Deputy THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants TO: Healthsouth Rehab of Mechanicsburg, P.O. Box 2016, Mechanicsburg, PA 17055 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Cotnjlete copies of any and all medical records, reports, physical therapy records, treatment notes, diagnostic studies emergency room records writings correspondence etc., for treatment rendered on behalf of James Holt• d/o/b: 01/14/65, ssn: 220-78-3538. at: Thomas Thomas & Hafer LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108-0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME, COURT ID#: 68953 ATTORNEY FOR: Defendant ?? DATE: Seal of the Co rt BY TH OURT: Proth otary/Clerk Ivil ivision Deputy CA r l c? 4 - vt° cn JAMES KELVIN HOLT AND ANDREA HOLT, PLAINTIFFS V. BRANDON N. THOMAS a/k/a BRADLEY THOMAS AND CATHERINE THOMAS, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-0009 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIFFS' AMENDED COMPLAINT BEFORE BAYLEY, J. AND EBERT, J. AND NOW, this ORDER OF COURT L? day of January, 2007, IT IS ORDERED: (1) Paragraph 9 of the amended complaint, IS STRICKEN. (2) All other preliminary objections to the amended complaint, ARE DISMISSED. By the Christian C. Hugel, Esquire 502 Market Street Lemoyne, PA 17043 For Plaintiffs W. Darren Powell, Esquire Thomas, Thomas and Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17101 For Defendants Ve"' . aS a Edgar B. Bayley, J. :sal cw - tj CD == cv CV W. Darren Powell, Esquire Identification No. 68953 Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7154 JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs, V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 06-9 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party at least twenty (20) days in advance of this Certificate; 2. No objection to the subpoenas has been made; and 3. The subpoenas which will be served are identical to the subpoenas which are attached to this certificate. & HAFERI. LLP Date: I.D. Number: 68953 305 North Front Street, P.O. Box Harrisburg, PA 17101 (717) 237-7154 Attorney for Defendant THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants TO: Steven M. Remillard, M.D., Center for Wellness, 2459 Walnut Street, Harrisburg, PA 17103 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, reports, physical therapy records, treatment notes, diagnostic studies, emergency room records, ambulance TRIP sheets, writings, correspondence, etc., for treatment rendered on behalf of James Holt: d/o/b: 01/14/65, ssn: 220-78-3538. at: Thomas Thomas & Hafer LLP 305 N. Front St. P.O. Box 999, Harrisburg PA 17108-0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant DATE: l Sea] of the Court 17108-0999 BY THE COURT: Prothonotary/Cle , Ciyi1 ivi ion Deputy THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants TO: Stuart Hartman, Pinnacle Health, 2501 North Third Street, Harrisburg, PA 17110. Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, reports, physical therapy records, treatment notes, diagnostic studies, emergency room records, ambulance TRIP sheets, writings, correspondence, etc., for treatment rendered on behalf of James Holt d/o/b: 01/14/65 ssn• 220-78-3538 at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108-0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant ? DATE: 14,1007 Seal of the Court BY THE COURT: Prothonotary/Clerk, Civi] Divisi n Deputy CERTIFICATE OF SERVICE I, Kate A. Wilhelm, a Paralegal for the law firm Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing a copy of the same in the United States mail, first class mail, directed to the addressed as follows, on the date set forth below: Christian C. Hugel, Esquire 502 Market Street Lemoyne, PA 17043 THOMAS, THOMAS & HAFER, LLP K e A. Wilhelm, Pa legal oar 5/?/b 7 455261.1 ? ? ?} r'1 _ "t? .?._? _ ?? ???'...._1 a..1 :., ... . _ .. S CI ? 3 , ?' ' .? t . .. ... W. Darren Powell, Esquire Identification No. 68953 Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7154 JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs, Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants. No. 06-9 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party at least twenty (20) days in advance of this Certificate; 2. No objection to the subpoenas has been made; and 3. The subpoenas which will be served are identical to the subpoenas which are attached to this certificate. THOMAS, THOMAS S HAFER, LLP 1A) 0&?rkW W. Darren Powell Esquire / I.D. Number: 68953 305 North Front Street, P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 Attorney for Defendant Date: , THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Drayer Physical Theranv Institute 8205 Presidents Drive 1 ' Floor Hummelstown, PA 17036. Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records reports physical therapy records treatment notes, diagnostic studies writings correspondence etc for treatment rendered on behalf of James Holt; d/o/b: 01/14/65, ssn: 220-78-3538. at: Thomas Thomas & Hafer LLP 305 N Front St P.O. Box 999, Harrisburg PA 17108-0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE COURT: DATE:9Lo&1,Q'1 ?Y/ (i., 4't e. icsp_ Seal??of tthhe Court thonotary/Clerk, Ci 1 Division Deputy THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants CIVIL ACTION LAW NO. 06-9 : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PRISM, 175 Lancaster Boulevard, P.O. Box 2078, Mechanicsburg PA 17055 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete conies of any and all medical records reports physical therapy records treatment notes dia=ostic studies, emergency room records laboratory studies writings correspondence etc., for treatment rendered on behalf of James Holt; d/o/b: 01/14/65 ssn• 220-78-3538 at: Thomas, Thomas & Hafer, LLP, 305 N. Front St. P.O. Box 999, Harrisburg PA 17108-0999 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE COURT: DATE: Olo O Seal of the Court Deputy t! . othonotary/Clerk, Ci ivision THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants CIVIL ACTION LAW : NO. 06-9 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Walter Peppelman, 805 Sir Thomas CourtHarrisburg PA 17109 W. Darren Powell, Esquire dpowell@fthlaw.com Attorney I. D. 68953 717-237-7154 Attorneys for Defendants Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records reports physical therapy records treatment notes diagnostic studies emergency room records laboratory studies writings correspondence etc for treatment rendered on behalf of James Holt, d/o/b: 01/14/65 ssn: 220-78-3538 at: Thomas, Thomas & Hafer, LLP, 305 N. Front St. P.O. Box 999, Harrisburg, PA 17108-0999 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE COURT: DATE: q La, Seal oft e Court 'Plothonotary/Clerk, Civi ivision Deputy CERTIFICATE OF SERVICE I, Kate A. Wilhelm, a Paralegal for the law firm Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing a copy of the same in the United States mail, first class mail, directed to the addressed as follows, on the date set forth below: Christian C. Hugel, Esquire 502 Market Street Lemoyne, PA 17043 THOMAS, THOMAS & HAFER, LLP 14w- Kate A. Wilhelm, Paralegal Dated: ql? 11n 455261.1 C D 1c+ I V N 7,T'. rn THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants 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. Plaintiffs do not object to the subpoenas and waive the Notice of Intent to Serve Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.21; 2. A copy of a letter dated August 18, 2008 to Attorney Hugel confirming his waiver of the Notice of Intent to Serve Subpoenas is attached to this Certificate; 3. Copies of the proposed subpoenas are attached to this certificate; and 4. The subpoenas which will be served are identical to the subpoenas which are attached to this certificate. THOMAS, THOMAS & HAFER, LLP W. Darren Powell, Esquire I.D. Number: 68953 305 North Front Street, P.O. Box 999 Harrisburg, PA 17101 / (717) 237-7154 Attorney for Defendant Date. U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V, BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Bellview Medical Clinic 1118 North Third Street, Suite 100, Harrisburg, PA 17102 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records reports physical therapy records, treatment notes diagnostic studies emergency room records writings correspondence etc. from February 3 2004 to the present for treatment rendered on behalf of James Holt: d/o/b: 01/14/65, ssn: 220-78-3538. at: Thomas, Thomas & Hafer LLP 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108- 0999. 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 patty 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE CO RT: DATE: I o Seal oft a Court Prothon tary/Clerk i sion Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hartman Rehabilitation Associates 4th & Willow Streets Third Floor P.O. Box 1110, Lebanon, PA 17042 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, reports, physical therapy records, treatment notes diagnostic studies, emergency room records, laboratory reports, writings, correspondence, etc., from April 13, 2007 to the present for treatment rendered on behalf of James Holt: d/o/b: 01/14/65, ssn: 220-78-3538. at: Thomas Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108- 0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE COURT: DATE: f? Prothonotary/Cler , Civil ' ' i n Seal of the Court Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hamilton Health Center, Inc., 1821 Fulton Street, Harrisburg, PA 17110 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, reports, physical therapy records, treatment notes, diagnostic studies, emergency room records, writings, correspondence, etc., from to the present for treatment rendered on behalf of James Holt: d/o/b: 01/14/65, ssn: 220-78-3538. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108- 0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE COURT: DATE: 3 d 2 Ap?t? Seal o th Court Prothonotary/C rk, Civil D' ' n Deputy THOMAS, THOMAS & HAFER LLP ATTORNEYS AT LAW Mailing Address: P.O. Box 999, Harrisburg, PA 17108 Street Address: 305 North Front Street, Harrisburg, PA 17101 Phone: (717) 237-7100 Fax: (717) 237-7105 -A,- www.tttdaw.com Kate A. Wilhelm, Paralegal (717) 237-7111 kwilhelm@tthlaw.com August 18, 2008 Christian C. Hugel, Esquire 502 Market Street Lemoyne, PA 17043 RE: Holt v. Thomas Our File No. 110-60283 Dear Attorney Hugel: This letter will confirm your voicemail message wherein you indicated that you are willing to waive the twenty day requirement for service of the subpoenas with regard to the above-captioned matter. Thank you for your cooperation. Very truly yours, Thomas, Thomas & Hafer, LLP By: Kate A. Wilhelm, Paralegal KAW/cas 411253.48 Enclosures Bethlehem Office • 3101 Emrick Blvd, Suite 310, Bethlehem, PA 18020 *Phone: (610) 868-1675 *Fax: (610) 868-1702 Pittsburgh Office • 301 Grant Street, Suite 1150, Pittsburgh, PA 15219 *Phone: (412) 697-7403 *Fax: (412) 697-7403 Baltimore Office • Six East Mulberry Street, Baltimore, MD 21202 *Phone: (410) 752-0075 *Fax: (410) 752-4744 CERTIFICATE OF SERVICE I, Kate A. Wilhelm, a Paralegal for the law firm Thomas, Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing a copy of the same in the United States mail, first class mail, directed to the addressed as follows, on the date set forth below: Christian C. Hugel, Esquire 502 Market Street Lemoyne, PA 17043 OMAS & HAFER, LLP A. Wilhelm, Paralegal Dated: e, 1/? HY C ) : ip t ew... ??i? ? p L THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED W. Darren Powell, Esquire dpowell@fthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. Plaintiffs do not object to the subpoena and waive the Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21; 2. A copy of a letter dated October 20, 2008 to Attorney Hugel confirming his waiver of the Notice of Intent to Serve a Subpoena is attached to this Certificate; 3. A copy of the proposed subpoena is attached to this certificate; and 4. The subpoena which will be served is identical to the subpoena which is attached to this certificate. THO fjMA,/yTHOMAS (/ J& HAFER,r `LLP W. Darren Powell, Esquire I.D. Number: 68953 305 North Front Street, P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 Date: / 0? Attorney for Defendant I THOMAS, THOMAS & HAFER LLP ATTORNEYS AT LAW f&4 w%-A,.tthlaw.com Mailing Address: P.O. Box 999, Harrisburg, PA 17108 Street Address: 305 North Front Street, Harrisburg, PA 17101 Phone: (717) 237-7100 Fax: (717) 237-7105 Kate A. Wilhelm, Paralegal (717) 237-7111 kwilhelm@tthlaw. com October 20, 2008 Christian C. Hugel, Esquire 502 Market Street Lemoyne, PA 17043 RE: Holt v. Thomas Our File No. 110-60283 Dear Attorney Hugel: This letter will confirm your voicemail message in which you agreed to waive the 20- day notice requirement to serve the subpoena upon Dr. Shaikh. Thank you for your cooperation. Very truly yours, Thomas, /Thomas & Hafer, LLP Kate A. Wil?ielm, Paralegal KAW/cas 411253.52 Bethlehem Office • 3101 Emrick Blvd, Suite 310, Bethlehem, PA 18020 *Phone: (610) 868-1675 •Fax: (610) 868-1702 Pittsburgh Office • 301 Grant Street, Suite 1150, Pittsburgh, PA 15219 •Phone: (412) 697-7403 *Fax: (412) 697-7403 Baltimore Office • Six East Mulberry Street, Baltimore, MD 21202 *Phone: (410) 752-0075 •Fax: (410) 752-4744 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Arif Shaikh M.D., Steelton Family Practice Ctr. 239 S. Front St., Steelton, PA 17113-2567 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records reports, physical therapy records, treatment notes diagnostic studies emergency room records writings, correspondence, etc., from to the present for treatment rendered on behalf of James Holt; d/o/b: 01/14/65, ssn: 220-78-3538. at: Thomas Thomas & Hafer LLP 305 N. Front St. P.O. Box 999, Harrisburg, PA 17108- 0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court r thonotary/Clerk, Civil Div'% Deputy CERTIFICATE OF SERVICE I, Kate A. Wilhelm, a Paralegal for the law firm Thomas, Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing a copy of the same in the United States mail, first class mail, directed to the addressed as follows, on the date set forth below: Christian C. Hugel, Esquire 502 Market Street Lemoyne, PA 17043 THOMAS, THOMAS & HAFER, LLP Kate A. Wilhelm, Paralegal Dated: /U G'O C) o C. 0 co 02 rl?,' ? !'V tYi('?t ? _ ? ? CTS •• c n jz? ca THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 W. Daman Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED STIPULATION OF DISMISSAL OF DEFENDANT CATHERINE THOMAS It is now stipulated among and between the parties and their counsel, that Defendant Catherine Thomas, only, is dismissed with prejudice. It is also hereby agreed by and among counsel for the parties of record that this Stipulation may be executed in counterparts, all of which together shall constitute the Stipulation and shall be filed of record. Christian C. Hugel, Esquir Attorney for Plaintiffs W. Darren Powell, Esqu Attomey for Defendants L A THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 30th day of April, 2009, I, Gina M. Tooth, a legal secretary of the law firm of Thomas, Thomas and Hafer, hereby certify that I have this day served the Stipulation of Dismissal of Defendant Catherine Thomas by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Christian C. Hugel, Esquire 502 Market Street Lemoyne, PA 17043 THOMAS, THOMAS & HAFE%, LLP By: M. Tooth Cjo;.Oz),-?CL 4? K? IqhB!'1 LL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, CIVIL ACTION LAW V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and : NO. 06-9 JURY TRIAL DEMANDED DEFENDANT'S MOTION FOR STATUS CONFERENCE AND NOW comes Defendant, by and through their counsel, W. Darren Powell, Esquire and Thomas, Thomas & Hafer, LLP, and hereby files this Motion for Status Conference and avers as follows: 1. Plaintiff initiated this personal injury action against Defendants in connection with a motor vehicle accident that occurred on January 15, 2004. 2. Written discovery has been exchanged and depositions taken. 3. Defendant would request a status conference in this matter for the purposes of scheduling deadlines for the completion discovery, exchange of expert reports, and the scheduling of a date certain for trial. 4. The Honorable Judge Guido has had prior involvement in this matter. WHEREFORE, Defendant request this Court grant the Motion for Status Conference and enter an order in the form proposed. Respectfully Submitted, THOMAS, THOMAS & HAFER, LLP Date: June 8, 2009 ?Xj. ,(" W. Darren Powell, Esquire I.D. Number: 68953 305 North Front Street, P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 Attorney for Defendant CERTIFICATE OF SERVICE I, Gina M. Tooth, a legal secretary for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the attached document(s) was served upon all counsel of record by first class United States Mail, postage prepaid, addressed as follows, on the date set forth below: Christian C. Hugel, Esquire 502 Market Street Lemoyne, PA 17043 THOMAS, THOMAZ&H R, LLP Dated: June 8, 2009 ina M. Tooth, Legal ecretary FILSL 0 i © E PF;0 T r?Q"4C TARY 2009 JUN -9 AM 10: 4 o "JU, IN, try r7' N''111 )+/ V,-'O A JUN 0 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and : CIVIL ACTION LAW ANDREA HOLT, Plaintiffs V. : NO. 06-9 BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and Defendant : JURY TRIAL DEMANDED ,i ORDER AND NOW this /` day of t. 2009, upon consideration of the Motion for Status Conference of Defendant and any response thereto, IT IS HEREBY ORDERED and DECREED that said Motion is GRANTED and a Scheduling Conference is scheduled for them day of 2009 at 7' OU a4M./p.m. before the Honorable ?d in Courtroom . J. f r OF 209 t 1 viii 13 t ?3 Ll/?lit - ??r E.s rrt? ? Lam(., JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-0009 CIVIL TERM JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this 29th day of July, 2009, after a status conference, and by agreement of the parties, it is hereby ordered and directed as follows: 1. This matter shall be tried during the February 2010 term of court. Both counsel are attached to this court for the week of February 1, 2010. 2. The Court Administrator is directed to place this case on the February 2010 list for trial. 3. If Plaintiff desires to call any additional experts other than those already identified, he shall identify the expert by no later than September 1, 2009, and provide a report no later than November 1, 2009. The Defendant may then provide a responsive expert report by December 1, 2009. By the t, Edward E. Guido, J. ./ Christian C. Hugel, Esquire Attorney for Plaintiffs '?--W.AtDarren Powell, Esquire Attorney for Defendants Court Administrator t'a .. I?Oq' srs 7 .2 TEE ? n Zg5 J& f ,.. C SN THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRADLEY THOMAS and CATHERINE THOMAS Defendants To: Plaintiffs CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED NOTICE TO PLEAD W. Darren Powell, Esquire dpoweil@tthlaw.com Attorney J.D. 68953 717-237-7154 Attorneys for Defendants You are hereby notified to plead to the enclosed Answer and New Matter to Amended Complaint within twenty (20) days from service hereof or a default judgment may be entered against you. THOMAS & Date: July 30, 2009 By: I.D. No. 68953 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7154 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs CIVIL ACTION LAW V. BRADLEY THOMAS and CATHERINE THOMAS Defendants NO. 06-9 JURY TRIAL DEMANDED ANSWER AND NEW MATTER TO AMENDED COMPLAINT AND NOW, come Defendants, by and through their attorney, W. Darren Powell, Esquire and file this Answer with New Matter to Plaintiffs' Amended Complaint, stating and averring as follows: 1. Denied. After reasonable investigation Defendants are without sufficient information to form a belief as to the truth or veracity of these averments and, therefore, the same are denied. 2. Admitted. 3. Admitted. By way of further response, the parties have stipulated to the dismissal of Catherine Thomas, as evidenced by the attached stipulation that is marked and attached hereto as Exhibit "A". 4. Denied pursuant to Pa. R.C.P. 1029(e). 5. Denied pursuant to Pa. R.C.P. 1029(e). 6. Denied pursuant to Pa. R.C.P. 1029(e). 7. Denied pursuant to Pa. R.C.P. 1029(e). 8. Denied pursuant to Pa. R.C.P. 1029(e). 9. This paragraph was stricken by Court Order dated January 25, 2007, and, therefore no response to the same is required. 10. Admitted. 11. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required and, therefore, the same are deemed denied. 12. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required and, therefore, the same are deemed denied. 13. Denied pursuant to Pa. R.C.P. 1029(e). 14. Denied pursuant to Pa. R.C.P. 1029(e). 15. Denied pursuant to Pa. R.C.P. 1029(e). 16. Denied pursuant to Pa. R.C.P. 1029(e). 17. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendants respectfully demand that judgment be entered in their favor and that Plaintiffs Complaint be dismissed, with prejudice. NEW MATTER 18. Paragraphs one (1) through seventeen (17) above of this Answer with New Matter are incorporated herein by reference as though set forth at length herein. 19. Plaintiffs' Amended Complaint fails to set forth a cause of action against Defendants. 2 20. Plaintiffs' claims may be barred and/or diminished by the applicable Statute of Limitations. 21. Plaintiffs' claims and/or damages may be diminished or barred pursuant to the applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 22. Plaintiffs' recovery or damages may be limited by their limited tort election. 23. Plaintiff's claims may be barred or diminished by application of the doctrines of comparative and/or contributory negligence. WHEREFORE, Defendants respectfully demand that judgment be entered against Plaintiffs and that Plaintiffs' Amended Complaint be dismissed with prejudice. Respectfully submitted, TI Date: July JO, 2009 B, Attorney for Defendants 720455.1 3 Attorney I.D. No. 68953 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 ATTORNEY VERIFICATION I, W. Darren Powell, Esquire, of the law offices of Thomas, Thomas & Hafer, LLP, hereby verify that I am the attorney of record in this matter for Defendant, Bradley Thomas, and that as such I am authorized to make this Verification in order to comply with the pertinent rules of civil procedure and that the information set forth in the Answer with New Matter to Amended Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. THOMAS, THOMAS & Date: July L? 2009 By: I.D. Number: 68953 305 North Front Street, P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 Attorney for Defendant 4 CERTIFICATE OF SERVICE I, Gina M. Tooth, a legal secretary at Thomas, Thomas & Hafer, LLP, hereby certify that a copy of the foregoing document was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Christian C. Hugel, Esquire 502 Market Street Lemoyne, PA 17043 THOMAS, THOMAS & HAFER, LLP t Dated: July 30, 2009 Gina .Tooth TXY(IBITA THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs CIVIL ACTION LAW V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants NO. 06-9 JURY TRIAL DEMANDED STIPULATION OF DISMISSAL OF DEFENDANT CATHERINE THOMAS It is now stipulated among and between the parties and their counsel, that Defendant Catherine Thomas, only, is dismissed with prejudice. It is also hereby agreed by and among counsel for the parties of record that this Stipulation may be executed in counterparts, all of which together shall constitute the Stipulation and shall be filed of record. Christian C. Hugel, Esquir Attorney for Plaintiffs w. uarren roweu, Csqulre Attorney for Defendants THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS and CATHERINE THOMAS Defendants CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants AND NOW, this 30th day of April, 2009, I, Gina M. Tooth, a legal secretary of the law firm of Thomas, Thomas and Hafer, hereby certify that I have this day served the Stipulation of Dismissal of Defendant Catherine Thomas by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Christian C. Hugel, Esquire 502 Market Street Lemoyne, PA 17043 THOMAS, THOMAS By: LLP RLE' r ,: 'U" 7 -3 Pth 12: 20 G ,r.. ,P IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS Defendant CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. Plaintiff does not object to the subpoenas and waives the Notice of Intent to Serve Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.21; 2. A copy of a letter dated November 17, 2009, and executed by counsel for Plaintiff, indicating no objections and waiver of the Notice of Intent is attached to this Certificate; 3. A copy of the proposed subpoenas are attached to this certificate; and 4. The subpoenas which will be served are identical to the subpoenas which are attached to this certificate. Date: THOMAS, THOMAS AFER, LLP AaEsquire I.D. Number: 68953 305 North Front Street, P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 Attorney for Defendant Uhdiian c. Ju9rd Attorney at Law 502 Market Street Lemoyne, PA 17043 November 17, 2009 Kate A. Wilhelm Thomas, Thomas & Hafer LLP 305 N. Front Street Harrisburg, PA 17101 Re: Holt v. Thomas Your File No.: 100-60283 Dear Kate: Phone (717) 737-5255 Fax (717) 737-6171 In response to your letter of November 12, 2009, and the three subpoenas attached to the Notice, please be advised that Plaintiff agrees to waive the 20-day notice period of Rule 4009.21. Thank you for your time in this matter. If you have any questions, please contact me at your convenience. Sincerely yours, Christian Hugel IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs V. BRANDON N. THOMAS, a/k/a BRADLEY THOMAS Defendants CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hartman Rehabilitation Associates, 4th & Willow Streets Third Floor P.O. Box 1110, Lebanon, PA 17042 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, reports, physical therapy records treatment notes, diagnostic studies, emergency room records laboratory reports writings correspondence, etc., from April 13, 2007 to the present for treatment rendered on behalf of James Holt; d/o/b: 01/14/65, ssn: 220-78-3538. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St. P.O. Box 999, Harrisburg PA 17108- 0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE COU DATE: /1h7j 9 'f ',?. Prothonot ry/Clerk, Civil Division Seal of the Court Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and : CIVIL ACTION LAW ANDREA HOLT, Plaintiffs V. NO. 06-9 BRANDON N. THOMAS, a/k/a BRADLEY THOMAS Defendants : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Steelton Family Practice Ctr., 239 S. Front St. Steelton PA 17113-2567 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records reports physical therapy records treatment notes, diagnostic studies, emergency room records writings correspondence etc from May 19, 2007 to the present for treatment rendered on behalf of James Holt: d/o/b: 01/14/65, ssn- 220-78-3538. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St. P.O. Box 999, Harrisburg PA 17108- 0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE COURT/1 _ DATE: // 117 JQF Al Seal of th Court ro honotary/Clerk, Civil Divisi - da4_ 0 f_? ??? - eputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and : CIVIL ACTION LAW ANDREA HOLT, Plaintiffs v. NO. 06-9 BRANDON N. THOMAS, a/k/a BRADLEY THOMAS Defendants : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Community General Osteopathic Hospital, 4300 Londonderry Road, Harrisburg?, PA 17109 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, reports, physical therapy records, treatment notes, diagnostic studies. emergency room records, ambulance TRIP sheets, writings, correspondence, etc.. for treatment rendered on behalf of James Holt; d/o/b: 01/14/65, ssn: 220-78-3538 from July 7, 2007 to the present. at: Thomas Thomas & Hafer LLP 305 N. Front St. P.O. Boa 999. Harrisburg PA 17108-0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BURT: DATE: ? Seal f the Court Civil 15iv,;8-i Deputy CERTIFICATE OF SERVICE I, Kate A. Wilhelm, a Paralegal for the law firm Thomas, Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing a copy of the same in the United States mail, first class mail, directed to the addressed as follows, on the date set forth below: Christian C. Hugel, Esquire 502 Market Street Lemoyne, PA 17043 & HAFER, LLP Kate A. Wilhelm, Paralegal Dated: 1*617 LED-C, F P 2039 DEC -9 PH 2.21 'ODUNTY PENNISYUVX?IIA r #1 JAMES KELVIN HOLT and IN THE COURT OF COMMON PLEAS OF ANDREA HOLT, CUMBERLAND COUNTY, PENNSYLVe)NI Plaintiffs E . C ? V. NO. 06-x'009 CIVIL TERM BRANDON N. THOMAS, a 1 a/k/a BRADLEY THOMAS, CIVIL ACTION - LAW - ?1 Defendant JURY TRIAL DEMANDED ca IN RE: PRETRIAL CONFERENCE ^c A pretrial conference was held on Wednesday, January 13, 2010, before t he Honorable Edward E. Guido, Judge . Present for the Defendants was W. Darren Powell, Esquire. We note that Plaintiffs' lawyer, Christian C. Hugel, Esquire, neither filed a pretrial memorandum nor appeared at the pretrial conference. This is a rather straightforward auto accident in which the Defendant is admitting liability. The only issue at trial will be the nature and extent of the damages sustained by the Plaintiffs. This matter has been dragging on for quite some time, and no continuance will be granted. If the Plaintiffs do not show up for trial, then judgment will be entered on behalf of the Defendant. Defense counsel estimates that the entire trial will take no more than two days. By previous agreement of the parties, all Defendants, except Bradley Thomas, are dismissed. By the Court, Edward E. Guido, J. Christian C. Hugel, Esquire 502 Market Street Lemoyne, PA 17043 Attorney for Plaintiffs W. Darren Powell, Esquire Thomas, Thomas & Hafer 305 North Front Street P.O Box 999 Harrisburg, PA 17108-0999 Attorney for Defendant Protloiotary Court Administrator srs !9y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA19 APB U JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs CIVIL ACTION LAW V. BRADLEY THOMAS Defendant NO. 06-9 JURY TRIAL DEMANDED DEFENDANT'S MOTION IN LIMINE TO PRECLUDE EVIDENCE OF ECONOMIC DAMAGES AND NOW, comes the Defendant Bradley Thomas, by and through his attorneys, W. Darren Powell, Esquire, and the law firm of Thomas, Thomas & Hafer, LLP, and files this Motion in Limine to preclude Plaintiffs from offering any evidence, testimony or reference of any economic losses, loss of earning capacity or future wage loss at trial, and in support thereof avers and states as follows: 1. Plaintiffs James Kelvin Holt and Andrea Holt initiated this personal injury action against Defendant as a result of a January 15, 2004 motor vehicle accident. 2. Plaintiffs filed their Complaint on or about April 3, 2006. 3. Plaintiffs subsequently filed an Amended Complaint on or about October 2, 2006. See Plaintiffs' Amended Complaint, a true and correct copy of which is attached hereto and identified as Exhibit "A." 4. Plaintiffs' Amended Complaint sets forth a cause of action sounding in negligence against the Defendant, Brandon Thomas, a/k/a Bradley Thomas and alleges that Plaintiff James Holt is totally unemployable, is disabled, and has lost wages. Id. at ¶ 14. 5. Prior to the subject accident, Plaintiff James Holt filed an application for Social Security benefits on September 23, 2002, with an alleged date of disability of October 23, 2001, for diagnoses of disorders of back (discogenic and degenerative) and depression. Plaintiffs benefits were granted. 6. Plaintiffs have identified their sole medical expert, as Stuart Hartman, D.O., a pain management physician, who has treated Plaintiff James Holt for chronic neck and back pain. 7. Less than two months prior to the subject accident, on November 28, 2003, Dr. Hartman sent correspondence to Attorney Hugel, indicating that one of the goals of pain management was to return Mr. Holt to gainful employment. A copy of this correspondence is attached hereto as Exhibit "B." 8. Plaintiffs have not identified a vocational expert or produced any reports supporting a claim for vocational and economic losses. Per the Court Order dated July 31, 2009, Plaintiffs' deadline for producing expert reports was September 1, 2009. 9. Since Plaintiffs have failed to produce any evidence to support the claim for alleged economic and vocational losses, Plaintiffs should be precluded from offering any evidence at trial to support any alleged economic or vocational claims. 10. Plaintiff James Holt was disabled and receiving Social Security Disability benefits prior to the subject accident. Therefore, Defendant is extremely prejudiced by Plaintiffs failure to provide this information. Since suit was brought Plaintiffs' counsel has had ample time to establish a claim for alleged economic and vocational damage, and has failed to do so. Accordingly, Plaintiffs should be precluded from offering at trial any and all evidence and testimony of alleged vocational and economic losses. 11. It is well-settled law that a plaintiff seeking special medical damages must prove the following: (1) medical services were rendered; (2) the reasonable charges for those services; (3) that the services rendered were necessary; and (4) that the medical services 2 rendered were related to the injury that occurred. Ratay v. Chen Liu, 215 Pa. Super. 547, 260 A.2d 484 486 (Pa. Super. 1969). 12. As noted above, Plaintiff has had chronic complaints of back and neck pain, for which he was having ongoing and regular treatment at the time of accident. 13. The medical treatments received by Plaintiff continued to be the same, before and after the accident. 14. No physician has provided any report as to what services were rendered for injuries related to this accident, if any, as opposed to his pre-existing symptoms, or what the reasonable charges for any past or future medical charges. 15. Defendant hereby moves to preclude Plaintiff from offering any evidence, testimony or reference of any economic losses, loss of earning capacity or future wage loss at the trial in this case. WHEREFORE, Defendant Bradley Thomas respectfully requests that this Honorable Court grant this Motion in Limine and preclude Plaintiffs from offering any evidence, testimony or reference of any economic losses, loss of earning capacity or future wage loss at the trial in this case. By 3 305 North Front Street, P.O. Box 999 Harrisburg, PA 17108-0999 Attorneys for Defendants n JAMES KELVIN HOLT, and ANDREA HOLT, Plaintiffs VS. BRADLEY THOMAS, and CATHERINE THOMAS, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-9 c n ii CIVIL ACTION - LAW z - Du NOTICE N C Q, O c-? N -a N m 0 n M- oM x YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or properly 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 TAE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 s. Bedford Street Carlisle, PA 17013 (717) 249-3166 NOTICIA LE HAN DEMANDADO USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las pfiginas siguientes usted tiene veinte (20) .dies de plazo al partir de la fecha de la demanda ynotificaci6n. Usted debe presenter una apariencia escrita o enpersona o por abogado y archivar en la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de us persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orders contra usted sin previo aviso o notificacion y por cualquier queja o alivicio que es pedido en la peticion de demanda. Usted puede perder dinero os sus propiedades o otros derechos importan tes para. usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENNE UN 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 A VERIGUAR DONDE SE PUEDO CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 s. Bedford Street Carlisle, PA 17013 (717) 249-3166 Christian C. Hugel, Esquire ID. No. 76062 Law Offices of Christian C. Hugel 502 Madeet Street Lemoyne, PA 17043 (717) 737-5255 Attorney for Plaintiffs IN THE COURT OF COON PLEAS A9ERLAND COUNTY, PENNSYLVANIA JAMS KELVIN HOLT and ANDREA HOLT, No. 06-9 Plaintiffs V. CIVIL ACTION - LAW BRADLEY THONM, and CATHERINE THOK&S, JURY TRIAL DEMAND Defendants AbOMED CONMLAINT AND NOW COMES, Plaintiffs, James Kelvin Holt and Andrea Holt, by and through their attorney, Christian C. Hugel, Esquire, and respectfully files this Amended Complaint and aver the following: 1. Plaintiffs James Kelvin Holt and Andrea Holt are adult individuals, married to each other, and residing at 2503 Duke Street, Harrisburg, Dauphin County, Pennsylvania, 17104. 2. Defendant Bradley Thomas, is an adult individual residing at-.G Edgewood Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Defendant Catherine Thomas, is an adult individual residing at 6 Edgewood Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 4. At the time of the incidents complained of herein, Defendant Bradley Thomas was under the age of 18, and therefore, a minor. 5. On January 15, 2004, at or about 2:00 p.m., Defendant Bradley Thomas, was operating a motor vehicle with VIN 1G1JC5117K7106416, traveling westbound on Maclay Street approaching North 7t'' Street, in Harrisburg, Pennsylvania. 6. At said time, Plaintiff James Kelvin Holt was operating a motor vehicle with VIN 1GGAS6988EE837490, traveling eastbound on Maclay Street approaching North 7th Street, in Harrisburg, Pennsylvania. 7. On January 15, 2004, at or about 2:00 p.m., Defendant Bradley Thomas, made an illegal left turn into the path of Plaintiff James Kelvin Holt's vehicle causing a collision between the two vehicles. 8. A "No Left Turn" sign is properly posted at the intersection in question. 9. Defendant Bradley Thomas, was issued a citation, plead guilty to the charges, and paid the appropriate fine. 10. Defendant Bradley Thomas, a minor at the time, was using a vehicle owned by Defendant Catherine Thomas with the permission of Defendant Catherine Thomas. 11. This accident resulted from the negligence and recklessness of Defendant Bradley Thomas, and Defendant Catherine Thomas and was due in no manner whatsoever to any act or failure to act on the part of Plaintiff James Kelvin Holt. 12. The negligence and recklessness of Defendant Bradley Thomas, and Defendant Catherine Thomas consisted of the following: a. Failure to properly operate and control their motor vehicle. b. Failure to obey traffic control devices. c. Operation of their motor vehicle without ,due regard for the rights, safety, and position of the Plaintiff at the point aforesaid. d. operating their vehicle in violation of the statutes of, the Commonwealth of Pennsylvania pertaining to the operation of vehicles on streets and highways. e. Failure to keep a reasonable and proper look out for other vehicles on the streets or highways. f. Failing to exercise a degree of care, caution, and skill reasonably required under the circumstances. g. Failing to notice Plaintiff's vehicle. h. Failing to have their vehicle under control so as to prevent their vehicle from striking Plaintiff's vehicle. i. Failure to yield to oncoming traffic. 13. As a result of this accident, Plaintiff James Kelvin Holt, who was the restrained driver of a very low mileage 1984 Cadillac in pristine condition, was transported by ambulance to the hospital for treatment of multiple traumatic injuries, which injuries are or may be permanent, and which are serious, including injuries to his back, excruciating pain, depression, anxiety, inability to walk normally, inability to work, sleeping disorders, and inability to care for his wife and children. 14. As a further result of this accident, Plaintiff James Kelvin Holt has been obliged to receive and undergo hospitalization, medical attention and care, and to incur various expenses associated with his treatment and convalescence. In addition, Plaintiff is totally unemployable, is disabled, and has lost wages. 15. As a further result of this accident, Plaintiff James Kelvin Holt has suffered severe physical and mental anguish, inconvenience, humiliation, loss of life's pleasures, and may continue to suffer the same permanently and/or for an indefinite time into the future. 16. As a result of this accident, Plaintiff Andrea Holt has suffered from.the loss of life's normal relations with her husband, severe mental anguish, and has been forced to quit her job to care for her ailing husband and her children. 17. As a result of this accident, Plaintiff Andrea Holt has lost wages. WHEREFORE, Plaintiff's demand judgment against Defendants in an amount in excess of $50,000.00, plus interest and costs of suit,, and in excess of any amount requiring compulsory arbitration. Respectfully submitted, Christian C. Hugel, E quire I.D. No. 76062 Law Offices of Christian C. Hugel 502 Market Street Lemoyne, PA 17043 (717) 737-5255 Attorney for Plaintiffs 2 ?G Date: /o 2 VIMPICATION I, James K. Holt, Plaintiff in the within matter, verify that the statements made in the foregoing Amended Complaint are true and correct to the best of my knowledge, information, and belief. The undersigned understands that false statements therein are subject to the penalties of 18 Pa. C.S. 14904, relating to unsworn falsification to authorities. Date: /0./0 2 /04 ,James t Ii CERTIFICATE OF SERVICE I, Christian C. Hugel, Esquire, hereby certify that the foregoing Amended Complaint was served this date by depositing a true and correct copy of same in first class U.S. Mail, postage prepaid, addressed as follows: W. Darren Powell, Esquire 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 Dated: l® J)e7t& G' Christian C. Hugel, Esquire F '-TMAN RE, HABILITATION AS` `iATES Stuart A. Hartman, DO Polyclinic-Landis 3rd Fl. *Motor Vehicle Accidents 2501 North Third Street '"Workers Compensation Harrisburg, PA 17110 *Independent Medical Exams 717-782-2148 *Fibromyalgia FAX: 717-782-2155 *Pain Management November 28, 2003 CHRISTIAN C. HUGEL, ESQUIRE 502 Market Street Lemoyne, PA 17043 RE: JAMES HOLT SSN: 220-78-3538 DOI: 07/12/2003 Dear Attorney Hugel: Mr. Holt was under my care for previous low back problems. He is being treated primarily for a left sacroiliac syndrome. He also had some disc bulging. He has been treated with therapy.in the. past and we tri ed to get him into a pain management program but his insurance would not cover it. He has also been treated with injection, which gives him significant relief. For pain maaagement:he *was on OxyContin and for break-through pain, either Oxy IR or Actiq. I had seen him on 07103/2003 where•.he.was complaining primarily of low back and left hip girdle pain. He did not request any mI? ections at that point but he was on. OxyCont n 106 mg, po tid and the Actiq. He was sleeping better. His pain was a seven out of ten. His exam on that date showed a moderate pelvic obliquity and restriction at the left sacroiliac region. His mobility was overall poor. He was not working at that time. I recommend continuing with his program and seeing him for follow up for an injection if needed or sooner. I then saw him on an urgent basis on 07/15/2003. He was feeling good the weekend so he had gone to Toys R Us, with his children. his son was trying out a bicycle and he was holding him but the bicycle took off and it jerked Mr. Holt and he had pain shoot into the right low back, neck and shoulders. His neck and shoulder pulled and when he snatched the bike his son flew off. Since then he had severe pain in the neck aPrior to this he had only had left low ac symptoms but now he had ere radiating to the knee. He was tight in the neck and the shoulders and he was almost tearful at that visit. He had tried ice and heat and he had even gone to the emergency Room right after the accident. His physical examination at that visit, showed his mobility and flexibility to be even worse. He did not have any previous complaints in the neck and shoulders and was very tight and ropey. He had limited range the neck and the upper extremities. Lumbosacral flexion was poor. He was restricted at the left greater than the right sacroiliac region an he was tender bilaterally, which radiated left more than right. I could.hardly hare. him move or. straight leg-raise-because- of the pain. Page Two - JAMES HOLT 220-78-3 53 8 11/28/2003 Mr. Holt was suffering from a flare-up of his low back pain with his left sacroiliac syndrome and the new rich sacroiliac syndrome and a cervicothoracic strain due to the injury on 07/12/2003. We discussed different options. If he was not doing better I recommended an MRI. I did give him a shot of Torodol an anti-inflammatory pain medicine, 30mg for some pain control. He was to continue with his present medications JZ09118/20031 d otherwise. He was then seen fo; follow up on 08/21/2003. He was then seen for follow up He had been referred to Dr. Lupinaci who evaluated him, and agreed for recommendation or either at HealthSouth or at Health South at York for pain management with aquatics, etc. His pain on 09/18/2003 was a nine out of ten and back before his accident he was down to a seven out of ten. He continued on his pain medications with his OayContin 100mg po t1d, and Actiq 1200mcg for severe pain. Dr. Lupinachi and I felt that inpatient or outpatient therapy would be beneficial, however his insurance company denied it. Ivlr. Holt is suffering from cervical thoracic strain due to the outlined injuries and a new -onset of right sacroiliac syndrome and flare up of his left sacroiliac syndrome due to the episode on 07/12/2003. His treatment that has been recommended is reasonable and necessary, We had tied to get him into therapy before this episode, but this episode certainly flared-up all of his symptoms in the left sacroiliac region and the new onset of injuries as above due. to this injury of 07/12/2003. In summary Mr. Holt is suffering from a cervical thoracic strain dud low back:pain with left greater than . right sacroiliac syndrome. He had the underlying left sacroiliac syndrome, which was severely flared up. He also-?has the- new onset -of right- acid 'the cervical thoracic strain symptoms.;:I._;arn.-recommieY4& ng inpatient therapy or an outpatient pain management program to help improve his function. Thy of a pain management program would be to decrease his reliance on medications and help improve function and tunate pe irn him to au?uTem-'lo ym`ent. Please eel free to contact me if you require any er information or clarification of my report and evaluation on Mr. Holt. Yery truly yours, 6& Stuart A. Hartman, D.O. Board Certified in Physical Medicine and Rehabilitation SAH/sgh A CERTIFICATE OF SERVICE I, W. Darren Powell, Attorney for Defendants, hereby certify that a copy of the foregoing document was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Christian C. Hugel, Esquire 502 Market Street Lemoyne, PA 17043 Dated: f la o '/ 0 I 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs : CIVIL ACTION LAW V. BRADLEY THOMAS Defendant NO. 06-9 JURY TRIAL DEMANDED 1 1 e ?AT ^ ?C DEFENDANT'S MOTION IN LIMINE TO PRECLUDE TESTIMONY OR REFERENCE TO "ILLEGAL" LEFT TURN AT TRIAL AND NOW, comes the Defendant Bradley Thomas, by and through his attorneys, W. Darren Powell, Esquire, and the law firm of Thomas, Thomas & Hafer, LLP, and files this Motion in Limine to preclude Plaintiffs from presenting testimony or reference to "illegal" left turn at trial, and in support thereof avers and states as follows: 1. Trial is scheduled to commence on February 1, 2010. This case involves a motor vehicle accident that occurred on January 15, 2004. 2. Defendant has admitted negligence for the happening of the accident, only. 3. At trial, the only issue for determination will be the amount of damages, if any, attributable to the accident. 4. Nevertheless, it is anticipated that Plaintiffs will attempt to interject into the trial that Bradley Thomas made an "illegal" left turn at the time of the subject accident. 5. Defendant submits that Plaintiffs should be precluded from offering any and all testimony or reference to "illegal" left turn as it is irrelevant to this case in light of Defendant's admission of negligence. See Pa.R.E. 401. 6. Even if it were somehow relevant that Defendant made an improper or illegal" left turn, any reference to the same should be precluded under Pennsylvania Rule of Evidence 403, which holds as follows: Although relevant, evidence may be excluded if its probative value is outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by consideration of undue delay, waste of time, or needless presentation of cumulative evidence. See Pa.RE. 403. 7. Under the facts and circumstances of this case, the probative value of any evidence or testimony to an "illegal" or improper left turn is absolutely zilch, as Defendant has stipulated to liability. 8. Moreover, referring to the turn as "illegal" would cause prejudice and confusion for the jury and would invite the jury to mix criminal law concepts into the case and improperly punish Defendant for illegal conduct, which is exactly why Plaintiff seeks to characterize Defendant as making an "illegal" turn. 9. Further, evidence of testimony or reference to "illegal" or improper turn would also serve to confuse the issues, mislead the jury, be cumulative and a waste of time for this Honorable Court. WHEREFORE, Defendant Bradley Thomas respectfully requests that his Motion in Limine be granted and that all testimony or reference to "illegal" turn be precluded from evidence during the Trial in this case. Respectfully THOMAkS & HAFER, LLP W Darr6n RawaII-Esquire Attorney ID No. 68953 305 North Front Street, P.O. Box 999 Harrisburg, PA 17108-0999 Attorneys for Defendant 2 CERTIFICATE OF SERVICE I, W. Darren Powell, Attorney for Defendant, hereby certify that a copy of the foregoing document was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Christian C. Hugel, Esquire 502 Market Street Lemoyne, PA 17043 ?/' /) W",L Dated: l I z ! J o W. Darren Powell 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES KELVIN HOLT and ANDREA HOLT, Plaintiffs v. BRADLEY THOMAS Defendant CIVIL ACTION LAW NO. 06-9 JURY TRIAL DEMANDED P-10 a w ? . PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above case settled and discontinued with prejudice. Respectfully submitted, C' /? - ?-" ? i L Christian C. Hugel, Esquire 502 Market Street Lemoyne, PA 17043 Dated: 3