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HomeMy WebLinkAbout06-1156SCHMIDT, RONCA & KRAMER, P.C. By: Scott B. Cooper, Esquire 209 State Street Harrisburg, Pa 17101 (717) 232-6300 (717) 232-6467 scooper(a srklaw.com Attorney for Plaintiff DENISE BEARY :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. :No. AMANDA YEAGER Defendant :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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 SCHMIDT, RONCA & KRAMER, P.C. By: Scott B. Cooper, Esquire 209 State Street Harrisburg, Pa 17101 (717) 232-6300 (717) 232-6467 scoopengsrklaw.com Attorney for Plaintiff DENISE BEARY :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. :No. AMANDA YEAGER Defendant :CIVIL ACTION - LAW AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado par el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 SCHMIDT, RONCA & KRAMER, P.C. By: Scott B. Cooper, Esquire 209 State Street Harrisburg, Pa 17101 (717) 232-6300 (717) 232-6467 scooper(&srklaw.com Attorney for Plaintiff DENISE BEARY Plaintiff, V. AMANDA YEAGER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :No. C)L Defendant :CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff, DENISE BEARY, by and through her attorneys, SCHMIDT, RONCA &. KRAMER, P.C. and hereby aver as follows: 1. Plaintiff, DENISE BEARY, is an adult individual currently and at all times relevant hereto resides at 916 Maplewood Lane, Enola Cumberland County, Pennsylvania 17025. 2. Defendant, AMANDA YEAGER, is an adult individual believed to be currently residing at 5223 Stuart Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The facts which give rise to this cause of action occurred on or about April 9, 2004 in the 3500 block of Trindle Road, heading west, 1 in Camp Hill Borough, Cumberland County, Pennsylvania at approximately 5:00 p.m. 4. At the time of the accident, the Plaintiff, DENISE BEARY, was the owner and operator of a motor vehicle that was traveling east on Trindle Road. 5. At the aforementioned time and place, Donald Stevens was traveling directly behind the Plaintiff. 6. At the aforementioned time and place, Defendant, AMANDA YEAGER, was traveling directly behind Donald Stevens. 7. At the aforementioned time and place, the Defendant, AMANDA YEAGER, failed to observe that both the Beary and Stevens vehicles had slowed down and stopped, and was unable to stop her vehicle in time. 8. Defendant, AMANDA YEAGER, hit Donald Stevens, causing him to rear-end the Beary vehicle. 9. This chain reaction collision was in no way caused or contributed to by the Plaintiff and was solely caused by the Defendant for the reasons set forth below. 10. The accident either caused, aggravated, exacerbated and/or contributed to the injuries set forth below. COUNT I DENISE BEARY v. AMANDA YEAGER 2 11. Paragraphs 1 through 10 of this Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 12. The negligence, carelessness and recklessness of the Defendant, AMANDA YEAGER, consisted of including but no limited to the following: A. Operating her vehicle at an excessive rate of speed under the circumstances; B. Failing to have her vehicle under proper and adequate control; C. Failing to apply the brakes in time to avoid the collision with the Stevens vehicle; D. Failing to observe the Stevens and Beary vehicles on the roadway; E. Failing to operate her vehicle according to existing traffic weather conditions and/or traffic controls; F. Failing to keep a reasonable lookout for other vehicles lawfully on the roadway; G. Failing to keep a reasonable lookout; H. Operating her vehicle in a manner not consistent with the road conditions prevailing at the time; 1. Operating her vehicle in a manner so as to create a dangerous situation for other vehicles on the roadway; 3 J. Failing to drive at a speed allowing her to stop within the assured clear distance ahead; K. Failing to drive in a manner allowing her to stop within the assured clear distance ahead; L. Possibly operating her vehicle under fatigue; M. Driving too close to the Stevens vehicle; N. Possibly falling asleep while driving her vehicle; 0. Possibly operating her vehicle under the influence of a foreign substance; P. Failing to allow for a proper distance between her vehicle and the Stevens vehicle; Q. Operating her motor vehicle in violation of the Pennsylvania Motor Vehicle Code for careless driving under §3714, which is negligence per se. 13. As a direct and proximate result of the accident, the Plaintiff sustained injuries including but not limited to the following: A. Herniated Disc in Neck B. Severe Headaches C. Facial Numbness 14. As the sole and proximate result of the Defendant, AMANDA YEAGER'S, negligence and the injuries sustained in the accident, the Plaintiff incurred medical bills and may continue to incur medical bills 4 for treatment in the future and thus, a claim for these medical bills is made. 15. As the direct and proximate result of the Defendant AMANDA YEAGER'S, negligence, the Plaintiff has sustained a loss in wages and may continue to incur lost wages in the future and thus, a claim for these losses is made. 16. As a direct and proximate result of the Defendant, AMANDA YEAGER'S, negligence, the Plaintiff has undergone in the past and may continue to undergo in the future, great pain and suffering and thus, a claim for these losses is made. 17. As a direct and proximate result of the Defendant, AMANDA YEAGER'S, negligence, the Plaintiff may have been obliged to spend various sums of money and incur various expenses for the injuries she had suffered and may continue to incur the same in the future and thus, a claim for these losses is made. 18. As a direct and proximate result of the Defendant, AMANDA YEAGER'S, negligence, the Plaintiff may have suffered a permanent diminution of her ability to enjoy life and life's pleasures and may continue to suffer permanent diminution in the future and thus, a claim for these losses is made. 19. As a direct and proximate result of the Defendant, AMANDA YEAGER'S, negligence, the Plaintiff may have and may continue to suffer 5 permanent loss of her earning power and capacity and thus, a claim for these losses is made. 20. As a direct and proximate result of the Defendant, AMANDA YEAGER'S, negligence, the Plaintiff may have suffered special or general damages, which may be revealed during discovery and thus, a claim for these losses is made. WHEREFORE, the Plaintiff, DENISE BERRY, demands judgment of the Defendant, AMANDA YEAGER, in an amount in excess of an amount requiring compulsory arbitration. Date: 'L/0/Q6 Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. By: /V Scott B. Cooper, Esquire I.D. No. 70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 (717) 232-6467 Fax scoopera,srklaw.com Attorney for Plaintiff 6 VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION SUPPLIED BY COUNSEL I, DENISE BEARY, hereby verify that I am the Plaintiff in the foregoing action and that the attached Complaint is based upon the information that has been gathered by my counsel in preparation of this lawsuit. The language of the Complaint is that of counsel and is not mine. I have read the Complaint, and to the extent that it is based upon information that I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the Complaint are that of counsel, I have relied upon counsel in making this Verification. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsifications made to authorities. Date: -1$-06 DENISE BEA Y U1 f v ?? II S ( CG I Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 DENISE BEARY, V. Plaintiff AMANDA YEAGER, Defendant Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1156 CIVIL TERM JURY TRIAL DEMANDED NEW MATTER NOTICE TO: Scott B. Cooper, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 Attorneys for Plaintiff You are hereby notified to plead to the enclosed New Matter within twenty (20) days from the date of service. JOHNSON, DUFFIE, STEWART & WEIDNER By e erson J. Shipman, Esquire 441.D. #: 51785 DATE: .3/ /2 3 /O(o Attorneys for Defendant 271188 Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 DENISE BEARY, V. Plaintiff AMANDA YEAGER, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1156 CIVIL TERM JURY TRIAL DEMANDED ANSWER TO NEW MATTER OF DEFENDANT AND NOW, comes the Defendant, Amanda Yeager, by and through her counsel, Johnson, Duffie, Stewart & Weidner, and Jefferson J. Shipman, Esquire, and files the following Answer to New Matter: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted, except as to the direction. It is believed that the vehicles were traveling east at the time of the accident. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part, denied in part. It is admitted that Amanda Yeager was unable to stop before making contact with the rear of the Stevens vehicle. The remaining averments of Paragraph 7 are denied as stated. 8. Denied. After reasonable investigation Ms. Yeager is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 8 and the same are therefore denied. 9. Denied. The averments contained in Paragraph 9 are conclusions of law and fact to which no response is required. 10. Denied. After reasonable investigation, Ms. Yeager is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 10 and the same are therefore denied and strict proof demanded at the time of trial. COUNTI NEGLIGENCE DENISE BEARY v. AMANDA YEAGER 11. Ms. Yeager incorporates herein by reference her answers to Paragraphs 1 through 10 above as though fully set forth herein at length. 12. Denied. The averments contained in Paragraph 12, and subparagraphs A. through Q. are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. A. Denied. To the contrary, Ms. Yeager was operating her vehicle at reasonable speed; B. Denied. To the contrary, Ms. Yeager did have her vehicle under proper and adequate control; C. Denied. To the contrary, Ms. Yeager did attempt to apply the brakes in time to avoid the collision; D. Denied. To the contrary, Ms. Yeager did observe the vehicles on the roadway; E. Denied. To the contrary, Ms. Yeager did operate her vehicle according to existing traffic/weather conditions and/or traffic controls; F. Denied. To the contrary, Ms. Yeager did keep a reasonable look- out for other vehicles on the roadway; G. Denied. To the contrary, Ms. Yeager was keeping a reasonable look-out; H Denied. To the contrary, Ms. Yeager was operating her vehicle consistent with road conditions; 1. Denied. To the contrary, Ms. Yeager was operating her vehicle in a reasonable manner; J. Denied. To the contrary, Ms. Yeager was driving at a safe speed; K. Denied. To the contrary, Ms. Yeager was driving in a manner allowing her to stop within the assured clear distance ahead; L. Denied. To the contrary, Ms. Yeager was operating her vehicle while she was alert and oriented; M. Denied. To the contrary, Ms. Yeager was operating at a safe distance behind the vehicle in front of her; N. Denied. To the contrary, Ms. Yeager was alert and oriented while driving her vehicle; 0. Denied. To the contrary, Ms. Yeager was operating her vehicle while fully alert and oriented and not under the influence of any foreign substance; P Denied. To the contrary, Ms. Yeager was attempting to allow for proper distance between the vehicles; and Q. Denied. To the contrary, Ms. Yeager was operating her vehicle in a careful and prudent manner. 13. Denied. After reasonable investigation, Ms. Yeager is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 13, relating to Plaintiffs alleged injuries, and the same are therefore denied. 14. Denied. The averments contained in Paragraph 14 are, in part, conclusions of law to which no response is required. After reasonable investigation, Ms. Yeager is without sufficient knowledge or information to form a belief as to the truth of the remaining averments contained in Paragraph 14. 15. Denied. The averments contained in Paragraph 15 are, in part, conclusions of law to which no response is required. After reasonable investigation, Ms. Yeager is without sufficient knowledge or information to form a belief as to the truth of the remaining averments contained in Paragraph 15. 16. Denied. The averments contained in Paragraph 16 are, in part, conclusions of law to which no response is required. After reasonable investigation, Ms. Yeager is without sufficient knowledge or information to form a belief as to the truth of the remaining averments contained in Paragraph 16. 17. Denied. The averments contained in Paragraph 17 are, in part, conclusions of law to which no response is required. After reasonable investigation, Ms. Yeager is without sufficient knowledge or information to form a belief as to the truth of the remaining averments contained in Paragraph 17. 18. Denied. The averments contained in Paragraph 18 are, in part, conclusions of law to which no response is required. After reasonable investigation, Ms. Yeager is without sufficient knowledge or information to form a belief as to the truth of the remaining averments contained in Paragraph 18. 19. Denied. The averments contained in Paragraph 19 are, in part, conclusions of law to which no response is required. After reasonable investigation, Ms. Yeager is without sufficient knowledge or information to form a belief as to the truth of the remaining averments contained in Paragraph 19. 20. Denied. The averments contained in Paragraph 20 are, in part, conclusions of law to which no response is required. After reasonable investigation, Ms. Yeager is without sufficient knowledge or information to form a belief as to the truth of the remaining averments contained in Paragraph 20. WHEREFORE, the Defendant, Amanda Yeager, respectfully requests that judgment be entered in her favor and that Plaintiff's Complaint be dismissed with prejudice. NEW MATTER By way of additional answer and reply, the Defendant interposes the following New Matter defenses: 21. That if it should be found that there was any negligence on the part of the Defendant, which is denied, then in that event any such negligence was not a substantial factor nor factual cause of the Plaintiffs harm. 22. That the Plaintiff's alleged injuries may have been pre-existing. 23. That the Plaintiff may have failed to mitigate her damages. 24. That the accident, and any alleged injuries, may have been caused by third parties or entities not presently involved in this action. 25. That the accident, and any injuries allegedly sustained by the Plaintiff, may have been caused by a sudden emergency and/or intervening superceding cause. 26. That the Plaintiffs action may be barred in whole or in part by the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. §1701, et sec. and by the Limited Tort Option. WHEREFORE, the Defendant, Amanda Yeager, respectfully requests that judgment be entered in her favor and that Plaintiffs Complaint be dismissed with prejudice. DATE : 3/s 3/ 271188 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER B ' ) / z??K erson J. Ship an, Esq uire e rneys I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com Attorneys for Defendant VERIFICATION I, Amanda Yeager, have read the foregoing Answer with New Matter and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. Amanda Yeager DATE: 271199 3 1 rte- 1W CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on s Scott B. Cooper, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER I.D.N: 51785 P.O. Box 109 Lemoyne, PA 17043 717-761-4540 Attorneys for Defendant 271188 (' ?. -r -a " -'n 1_ r..? ?..1 ? _:? 1' ?: SCHMIDT, RONCA & KRAMER, P.C. By: Scott B. Cooper, Esquire 209 State Street Harrisburg, Pa 17101 (717) 232-6300 (717) 232-6467 scooperc(bsrklaw.com Attorney for Plaintiff DENISE BEARY :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. :No. 2006-01156 AMANDA YEAGER Defendant :CIVIL ACTION - LAW PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT AND NOW, comes the Plaintiff, Denise Beary, by and through her counsel, Schmidt, Ronca, & Kramer, P.C. and Scott B. Cooper, Esquire and files the following Plaintiffs Reply to New Matter as follows: 21. Paragraph 21 of Defendant's New Matter is a conclusion of law by which no response is deemed required. By way of further answer if a responsive pleading is deemed required, the averments in Paragraph 21 are denied. After reasonable investigation the Plaintiff is without sufficient knowledge or information as to form a belief as to the truth of the averments contained in Paragraph 21 and, therefore, the same are denied and strict proof is demanded thereof at the time of trial. 22. Paragraph 22 of Defendant's New Matter is a conclusion of law by which no response is deemed required. By way of further answer if a responsive pleading is deemed required, the averments in Paragraph 22 are denied. After reasonable investigation the Plaintiff is without sufficient 1 A knowledge or information as to form a belief as to the truth of the averments contained in Paragraph 22 and, therefore, the same are denied and strict proof is demanded thereof at the time of trial. 23. Paragraph 23 of Defendant's New Matter is a conclusion of law by which no response is deemed required. By way of further answer if a responsive pleading is deemed required, the averments in Paragraph 23 are denied. After reasonable investigation the Plaintiff is without sufficient knowledge or information as to form a belief as to the truth of the averments contained in Paragraph 23 and, therefore, the same are denied and strict proof is demanded thereof at the time of trial. 24. Paragraph 24 of Defendant's New Matter is a conclusion of law by which no response is deemed required. By way of further answer if a responsive pleading is deemed required, the averments in Paragraph 24 are denied. After reasonable investigation the Plaintiff is without sufficient knowledge or information as to form a belief as to the truth of the averments contained in Paragraph 24 and, therefore, the same are denied and strict proof is demanded thereof at the time of trial. 25. Paragraph 25 of Defendant's New Matter is a conclusion of law by which no response is deemed required. By way of further answer if a responsive pleading is deemed required, the averments in Paragraph 25 are denied. After reasonable investigation the Plaintiff is without sufficient knowledge or information as to form a belief as to the truth of the averments contained in Paragraph 25 and, therefore, the same are denied and strict proof is demanded thereof at the time of trial. 26. Paragraph 26 of Defendant's New Matter is a conclusion of law by which no response is deemed required. By way of further answer if a responsive pleading is deemed required, the averments in Paragraph 26 are 2 denied. After reasonable investigation the Plaintiff is without sufficient knowledge or information as to form a belief as to the truth of the averments contained in Paragraph 26 and, therefore, the same are denied and strict proof is demanded thereof at the time of trial. By way of further answer, Plaintiff had full tort. (See Declaration Sheet attached as Exhibit "A".) WHEREFORE, the Plaintiff, Denise Beary, respectfully requests that the judgment would be entered in her favor and that the Defendant's answer and new matter would be dismissed without prejudice. DATE: `ff jib Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. By: Scott B. Cooper, Esquire I.D.# 70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 (717) 232-6467 Fax scooper@srklaw.com Attorney for Plaintiff 3 EXHIBIT APR-11-2005 MON 08:44 AM BLGRPA ERIE !32' INSURANCE GROUP [7T 100 Ene Ins. Pt EME0Elre, PA 15530 CONTINUATION NOTICE AA3222 JOHN LOVE.INSURANCE INC L„IIL„IIL,,,I d,ll„J?I,,,,dIJ, dl.,I. dl..I„I,,,,IN DENISE E BEARY 1268 TIMBER VIEW DR MECHANTCSBURG-PA .17050-9148 FAX NO. P. 02 ERIE INSURANCE EXCHANGE PIONEER FAMILY AUTO POLICY 07/07/04 TO 07/07/05 007 0706461 N AS LISTED BELOW AGENT - JOHN LOVE INSURANCE INC, 307 MAIN ST. AGENT PHONE - (814) 782-3894 SHIPPENVILLE PA 16254 3907 ITEM 4. AUTOS COVERED AUTO YR MAKE VIN ST TER SYM RATING CLASS DDP 1 01 KIA SPORTAGE KNDJA723315076463 PA 4F H A3C-M FS30 ITEM 5. INSURANCE IS PROVIDED WHERE A PREMIUM OR INCL IS SHOWN FOR THE LOWS- UA A S O R COVERAGE. COVERAGES, LIMITS AND L P EMIU S ARE A F L ANN - #1 *****GOOD DRIVER RATES APPLY***** - THE FULL.TORT OPTION APPLIES TO ALL PRIVATE PASSENGER VEHICLES. --- $gl OM//PERSON $30OM/4CC; LIHODILY-I NJURYC T 0.9 E g E SOI7M/ACC Y E E P 12 FIT B N FIRST PART - - -- - --- - MEDICAL EXPENSE $5M 43 INCOME LOSS $lM/MONTH, $15M MAXIMUM 14 2 ACCIDENTAL DEATH $g5M FUNERAL BENEFIT $2.5M 2 RAGE - UNINSURED MOTORISTS COVE Eg // VERPGEC-STACKED O C R E O ` N 19 S O I D MO UNDE PORIST SUR 50D INJ A5100M/PERSON $300M//ACC-STACKED G - 146 ES PHYSICAL D MAGE COVERA COMPREHENSIVE - $50 DED 130 COLLISION - $250 DED 300 OPTIONAL COVERAGES- ROAD SERVICE 4 TRANSP EXPENSES - COLL $20/DAY, $900/LOSS 12 TOTAL ANNUAL PREMIUM FOR EACH AUTO 893 TOTAL ANNUAL POLICY PREMIUM $ 893 ITEM 6. APPLICABLE POLICY ENDORSEMENTS EXCEPTIONS TO DECLARAJIONS ITEMS ALL AUTOSAFPU01 04/N, UH 106 05/01, AFONOI 10/98, AFPA03 04/0. ANTI MULTI $1 PASSIVE RESTRAINT DISCOUNT APPLIES - DUAL ATRBAGS AUTO 7 ANTI-LOCK BRAKE DISCOUNT APPLIED AUTO I **k#*#***k*ir*******k*k#****k****##*k******k*kkk#***kk***#iFk*k****R'X * THE SURCHARGE FOR THE 05`22/02 ACCIDENT HAS BEEN FORGIVEN * UNDER ERIE'S FIRST ACCIDENT FORGIVENESS PLAN. kk**k**kkk*k*k*k*****k*1tk******kk*****k*#*k*****k*****kk*******YC*** EXPLANATION OF ADULT &/OR YOUTHFUL DRIVER RATING CLASS AUTO 1-FEMALE, SINGLE, AGEM30-340NE WAY MISCELLANEOUS INFORMATION vn WFS 06/05/04 APR-11-2005 MON 08:45 AM FAX NO, 04/22/2004 AT 09:41 AM ERIE INSURANCE GROUP HARRISBURG OFFICE P.O. BOX:621 BOILING :SPRINGS, PA 170.07-0621 (717)486-8756 FAX: (717)486-4056 ESTIMATE OF RECORD P. 03 Req: BORGESON K 010170742947003 WRITTEN BY: C. STEINER #152145 04/22/2004 09:29 AM ADJUSTER: C. STEINER #152145 INSURED: AMANDA YEAGER OWNER: DENISE BEARY ADDRESS: 1268 TIMBERVIEW DR MECHANICSBURG, PA 17055-0000 EVENING: (717173.7-7787 CELLULAR: (717)645-5756 CLAIM #010170742947003 POLICY #QO7 0706461 DATE OF LOSS: 04/09/2004 AT 05:00 PM TYPE OF LOSS: PROPERTY DAMAGE POINT OF IMPACT: 6. REAR INSPECT MCCAFFERTY COLLISION CENTER LOCATION: ATT: BODY SHOP 6365 BASHORE RD MECHANICSBURG, PA 17055 REPAIR MCCAFFERTY COLLISION CENTER FACILITY: ATT: BODY SHOP 6365 BASHORE RD MECHANICSBURG, PA 17055 BUSINESS: (717)766-8758 REPAIR-SHOP BUSINESS: (717)766-8758 10 DAYS TO REPAIR LICENSE # 233059964 2001 KIA SPORTAGE 4X4 4-2.OL-FT 4D UTV GOLD INT:TAN VIN: KNDJA723315076463 LIC: SHRTYRN PA PROD DATE: 01/2001 ODOMETER: 54788 AIR CONDITIONING REAR DEFOGGER TILT WHEEL CRUISE CONTROL INTERMITTENT WIPERS ELEC. INSTRUMENTATION THEFT-DETERRENT/ALARM REAR WIPER TINTED GLASS DUAL MIRRORS CLEAR COAT PAINT POWER STEERING POWER BRAKES POWER WINDOWS POWER LOCKS POWER MIRRORS AM RADIO FM RADIO STEREO SEARCH/SEEK CD PLAYER DRIVER AIR BAG PASSENGER AIR BAG POSITRACTION CLOTH SEATS BUCKET -SEATS - - - •- ,,$F.ATS,,, RECLINE/LOUNGE AUTOMATIC TRANSMISSION 4 WHEEL DRIVE OVERDRIVE ALUMINUM/ALLOY WHEELS - NO OP.-- - QTY EXT. PRICE LABOR PAINT n DESCRIPTION 1 SEATS - - & TRACKS 2* RPR DRIVER SEAT * 110* 3 REAR BODY & FLOOR 4* RPR REAR END PANEL 1.5* 1.0 5 R&I REAR TRIM 4 DOOR BROWN 0.3 6 LIFT GATE 7 REPL LIFT GATE W/REAR WIPER 1 517.10 3.8 2.0 8 AAD FOR CLEAR COAT 0.8 9 ADD FOR UNDERSIDE(COMPLETE) 1.0 I APR-11-2005 MON 08;45 AM FAX NO, P. 04 Req: BORGESON K 04/22/2004 AT 09:41 AM 010170742947003 ESTIMATE OF RECORD 2001 KIA SPORTAGE 4X4 4-2.0L-Fl 4D UTV GOLD INT:TAN -------- NO. -------- -------- OP. - - - ------------------------------- DESCRIPTION ---------- --------------- - - ------------------------ QTY EXT. PRICE LABOR ------------------------ -------- PAINT -------- 10 -- - -- - -- - ADD FOR CLEAR COAT 0.2 11 REPL NAMEPLATE SPORTAGE 1 24.75 0.3 12 REPL EMBLEM KIA 1 11.05 0.3 13 SPARE TIRE CARRIER 14 REPL SPARE CARRIER 1 616.75 0.7 15 REAR BUMPER 16 0/H REAR BUMPER 1.5 17 REPL BUMPER COVER 4 DOOR 1 349.10 INCL. 2.4 18 OVERLAP MAJOR ADJ. PANEL -0.4 19 ADD FOR CLEAR COAT 0.4 20**. .. REPL. A/M RT ENERGY ABSORBER 4 DOOR 1 42,00 .. _.TN.CL. 21 REPL LT ENERGY ABSORBER. 4 DOOR 1 48.88 INCL. 22 REPL REINFORCE BAR 4 DOOR 1 312.75 INCL. 23# MISCELLANEOUS OPERATIONS 1 24# TRANSPORT TO DIAGNOSE ENGINE 1 85.00 X PROBLEM 25# FOUR WHEEL ALIGNMENT 1 69.95 T 26# FLEX AGENT 1 6.00 T 27# TINT/MATCH PAINT 1 T 0.5 28# COVER CAR 1 5.00 T 0.2 29# SET UP GUAGE/MESSURE STRUCTURE 1 TS 2.0 S 30# PULL RR UNISODY 1 TS 2.0 S 31# R&I SPARE TIRE TO ACCESS REPAIRS 0.3 N 32# SPIN BALANCE SPARE TIRE 1 9.95 " T 33# CLEAN & DETAIL FOR DELIVERY 1 10.00 T 34# HAZARDOUS WASTE 1 3.00 T 35# COLOR SAND & BUFF 1 T 1.0 36# COVER CAR INTERIOR 1 5.00 T 37 OTHER CHARGES 38# - TOWING ---------------------------- - 1 ----- 150.00 ------ - --------- -------- --- - - SUETOTALS 2 266.28 14.9 7.9 LINE 32 AMERICAN CLASIC-AE' P205/75R15 10/32 REMAINING TREAD DEPTH PARTS 1922.36 BODY LABOR 10.9 HRS @$ 40.00/HR 436.00 PAINT LABOR 7.9 HRS @$ 40.00/HR 316.00 STRUCTURAL LABOR 4.0 HRS Q$ 42.00/HR 168.00 PAINT SUPPLIES 7.9 HRS Q$ 20.00/HR 158.00 SUBLET/MISC. 193.90 OTHER CHARGES 150.00 - ----- --------------------- SUBTOTAL ----- -----.--- ---------- $ - - 3344.28 SALES TAX $ 3109.28 0 6.0000 186.56 2 APR-11-2005 MON 08;45 AM FAX NO, P. 05 04/22/2004 AT 09:41 AM Req: BORGESON K 010170742947003 ESTIMATE OF RECORD 2001 KIA SPORTAGE 4X4 4-2.0L-FT 4D UTV GOLD INT:TAN TOTAL COST OF REPAIRS $ 3530.84 ADJUSTMENTS: DEDUCTIBLE 0.00 ---------------------------------------------------- TOTAL ADJUSTMENTS $ 0.00 NET COST OF REPAIRS $ 3530.84 THIS IS NOT AN AUTHORIZATION TO REPAIR. THE VEHICLE OWNER MUST AUTHORIZE ALL REPAIRS. ERIE INSURANCE RESERVES THE RIGHT TO REINSPECT ALL SUPPLEMENTS BEFORE PAYMENT IS MADE. COSTS ABOVE THE APPRAISED AMOUNT MAY BE THE RESPONSIBILITY OF THE VEHICLE OWNER. THERE IS.NO REQUIREMENT TO USE ANY.SPECIFIED,REPAIR SHOP. INFORMATION REGARDING REPAIR FACILITIES WHICH WILL BE ABLE TO REPAIR THE VEHICLE FOR THE APPRAISED AMOUNT MAY BE AVAILABLE FROM ERIE INSURANCE ON REQUEST. ABBREVIATIONS WHICH MAY HAVE BEEN USED IN THIS APPRAISAL ARE DEFINED AS FOLLOWS: D = DISCONTINUED PART, A = APPROXIMATE PRICE, B = BODY LABOR, D = DIAGNOSTIC, E - ELECTRICAL, F = FRAME, G = GLASS, M = MECHANICAL, P = PAINT LABOR, S = STRUCTURAL, T = TAXED MISCELLANEOUS, X = NON TAXED MISCELLANEOUS, ADJ = ADJACENT, A = ALIGN, A/M = AFTERMARKET, BLND = BLEND; CAPA = CERTIFIED. AUTO PARTS ASSOCIATION, D&R = DISCONNECT AND RECONNECT, EST', ESTIMATE, EXT. PRICE = UNIT PRICE MULTIPLIED BY THE QUANTITY, INCL = INCLUDED, MISC = MISCELLANEOUS, NON - ADJ = NON ADJACENT, 0/H = OVERHAUL,'OP. = OPERATION, NO. LINE NUMBER, QTY = QUANTITY, QUAL RECY =.QUALITY RECYCLED PART, QUAL REPL QUALITY REPLACEMENT PART, RECOND = RECONDITION, REFN = REFINISH, REPL REPLACE, R&I REMOVE AND INSTALL, R&R = REMOVE AND REPLACE, RPR - REPAIR, RT = RIGHT, SECT = SECTION, SUBL = SUBLET, USED = RECYCLED PARTS OF LIKE KIND AND QUALITY, OR BETTER, E.P.C. = ENVIRONMENTAL PROTECTION CHARGE, LT = LEFT, W/0 WITHOUT, W/ = WITH/, # = MANUEL LINE ENTRY, * = OTHER [ I.E., MOTORS DATABASE INFORMATION WAS CHANGED], ** = DATABASE LINE WITH AFTERMARKET PART INCLUDED, N= NOTES ATTACHED TO LINE. APR-I1-2005 MON 08:46 AM _ co ? h U N ffiw P aao Mp In -cc W O o N C?CO co a+ CO N w"oWc° Q'w w p7 r Ye fDT" o a?,}a LU h(? CN co< r fH Q 04„ O ? 0> ?Oh h °vr?b W 4 ?! ~ a' O UWWL I V/0. 0. FAX NO, i \v i N, Ub RFR-11-2005 MON 08:46 AM FAX NO. P. 07 ITEM 7, EACH AUTO WE INSURE WILL BE PRINCIPALLY GARAGED AT THE ADDRESS SHOWN IN ITEM 1, UNLESS ANOTHER ADDRESS IS SHOWN BELOW. ITEM 9. UNLESS A CO-OWNER OR LIENHOLDER IS LISTED BELOW, THE NAMED INSURED IS THE SOLE OWNER OF EACH AUTO WE INSURE, LICLARIONRONIIZEDAUTO C IU CLARION PA6 16214-0746 xxzxxzxz,tzz*zz*xz,rzzzxzx?rxxxxx'W;exxitizxxzfrzxszzzzzzxtzzzzxzzxzz,tzz*zz?****x?c*xxxxxt DRIVER ST%LICENSE,NUMBFR BIRTH HnATE:. 1 DENISE E BEARY PA 22570131 12/D1/71 ACCIDENTS/VIOLATIONS SL[BJ CT TO DEFENSIVE DRIVER PLAN (DDP) DENISE E BEARY FAF 05/2202. YOUR COLLISION COVERAGE AND DEDUCTIBLE APPLY TO PRIVATE PASSENGER AUTOS YOU OR A RESIDENT RELATIVE RENT FOR 45 DAYS OR LESS. THIS IS SUBJECT TO LIMITS, TERMS AND CONDITIONS IN THE POLICY. BY THE._ GENERAL IRST-PARTY COVERAGES IN T YOUR REQUEST MUM REQUIRED COVERAGES AND LIMITS FOR MITED TORT OPTION MAY NOT BE AVAILABLE # g1 BODILY INJURY PROPERTY BENEFgg'IT SACC FIRST PART MEDICAL/EXPENSE $5M 26 907 0706461 BELOW ARE ANNUAL PREMIUMS FOR THE MINI LIMITED TORT, PLEASE NOTE THAT THE LI ON CERTAIN VEHICLES. ATTORNEY VERIFICATION I, Scott B. Cooper, Esquire, verify that I am attorney of record for the Plaintiff, Denise Beary. I verify that the facts contained in the foregoing Plaintiff's Reply to Defendant's New Matter are true and correct to the best of my knowledge, information and belief. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsifications to authorities. Date: )1"9 ' Z41V Scott B. Cooper CERTIFICATE OF SERVICE AND NOW, this 3rd day of April, 2006, I hereby certify that I have, this day, caused a copy of the foregoing Plaintiffs Reply to Defendants New Matter to be served by deposit in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: First Class Mail: Jefferson Shipman, Esquire Johnson Duffle 301 Market Street Lemoyne, PA 17043-1628 SCHMIDT, RONCA & KRAMER, P.C. V By: Scott B. Cooper, Esquire I.D.# 70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 (717) 232-6467 Fax scooper@srklaw.com Attorney for Plaintiff ATTORNEY VERIFICATION I, Scott B. Cooper, Esquire, verify that I am attorney of record for the Plaintiff, Denise Beary. I verify that the facts contained in the foregoing Plaintiff's Reply to Defendant's New Matter are true and correct to the best of my knowledge, information and belief. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsifications to authorities. Date: 3 h 6 Scott B. Cooper CERTIFICATE OF SERVICE AND NOW, this 3rd day of April, 2006, I hereby certify that I have, this day, caused a copy of the foregoing Plaintiff's Reply to Defendants New Matter to be served by deposit in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: First Class Mail: Jefferson Shipman, Esquire Johnson Duffie 301 Market Street Lemoyne, PA 17043-1628 SCHMIDT, RONCA & KRAMER, P.C. By: Scott B. Cooper, Esquire I.D.# 70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 (717) 232-6467 Fax scooper@srklaw.com Attorney for Plaintiff ? ?? lT ?? ? a '; n C? f?? L Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: Bs@jdsw.com (717) 761-4540 Attorneys for Defendant DENISE BEAKY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. AMANDA YEAGER, Defendant CIVIL ACTION - LAW NO. 06-1156 CIVIL TERM JURY TRIAL DEMANDED TO: Scott B. Cooper, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 Attorneys for Plaintiff As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that:: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoenas has been received, the twenty day waiting period was waived; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. DUFFIE, STEWART & WEIDNER n Jefferson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Date: 5-1/,;1166 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, first class, postage prepaid, in Lemoyne, Pennsylvania, on r 11 d?j Scott B. Cooper, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By I.D. #: -51785 P.O. Box 109 Lemoyne, PA 17043 717-761-4540 Attorneys for Defendant Johnson, Duffle, Stewart & Weidner Attorneys for By: Jefferson J. Shipman, Esquire Defendant I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: hs@jdsw.com (717) 761-4540 DENISE BERRY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. AMANDA YEAGER, Defendant CIVIL ACTION - LAW NO. 06-1156 CIVIL TERM JURY TRIAL DEMANDED TO: Scott B. Cooper, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 Attorneys for Plaintiff PLEASE TAKE NOTICE that Defendants intend to serve three subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned objections to the subpoenas. If no objection is made, the subpoenas may be served. JOHNSON, DUFFIE, STEWART & WEIDNER ByV Jeffe on . Shipman, Esquire Atto eys I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 DATE: Attorneys for Defendant Ala /Q(? CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, certified mail, postage prepaid, in Lemoyne, Pennsylvania, on f)- ID /6(0 Scott B. Cooper, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 Attorneys for Plaintiff , DUFFIE, STEWART & WEIDNER By Jeffefson J. Shipman,'Esquire I.D. #: 51785 P.O. Box 109 Lemoyne, PA 17043 717-761-4540 Attorneys for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Denise Beery, Plaintiff vs. File No. 06-1156 Amanda Yeager, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Liberty Mutual Insurance Company (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all records, correspondence. reports and medical records rnnaniinn r1laim kin wPgon9d99A7nn• rlnio of A"irloni _ AnDir" mnwAinn rlnnino Ranni r)r)R- at Johnson. Duffle. Stewart & Weidner. 301 Market Street. P.O. Box 109. Lemoyne. PA 17043. 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: Jefferson J. Shipman. Esquire ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: Prothonotary/C ivil Di ' ion 011, Deputy DATE: Qpfa? I Z ?U(o Seel of the Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Denise Beery, Plaintiff vs. File No. 06-1156 Amanda Yeager, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HCR Manor Care. Inc. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to. produce the following documents or things: any and all records, correspondence, reports and medical records regarding Claim No. 2003069167: Date of Accident - 815103 regarding Denise Beery DOB: 12/1/71 SSN: 176-48-5350 at Johnson Duffle Stewart & Weidner. 301 Market Street. P.O. Box 109. Lemoyne. PA 17043. 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: Jefferson J. Shipman. Esquire ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761.4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: dZ% J Protho otary/CJarl , ivil Divi ' n Deputy DATE: l. Seal of the Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Denise Beery, Plaintiff vs. File No. 06-1156 Amanda Yeager, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Geico General Insurance Company (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all records correspondence reports and medical records at Johnson. Duffle. Stewart & Weidner, 301 Market Street P.O. Box 109, Lemoyne PA 17043. 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: Jefferson J. Shipman. Esouire ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant DATE: Sea of the Court' BY THE COURT: Prothon tary/Cle $l Divis' n Deputy (Eff. 7/97) o c m _ f b =T >m y:.::' G) N D SHERIFF'S RETURN - REGULAR CASE NO: 2006-01156 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BEARY DENISE VS YEAGER AMANDA ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon YEAGER AMANDA the DEFENDANT at 1855:00 HOURS, on the 2nd day of March , 2006 at 5223 STUART DRIVE MECHANICSBURG, PA 17055 by handing to ROBERT NEASE, GRANDFATHER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.68 Postage .39 Surcharge 10.00 .00 38.07 Sworn and Subscribed to before me this 21aH day of bo (o A. D. Proth otary So Answers: ?0e ? le R. Thomas Kline 03/03/2006 SCHMIDT RONCA KRAMER ? Deputy Sheriff v r' 0*9/Qvj *4Z DENISE BEARY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-01156 AMANDA YEAGER, CIVIL ACTION - LAW Defendant PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE Please withdraw the appearance of Scott B. Cooper, Esquire, on behalf of Plaintiff, Denise Beary, in the above-captioned action. Respectfully submit ed, By: Scott B. Cooper, Esquire ID No. 70242 SCHMIDT RONCA & KRAMER, PC 209 State Street Harrisburg PA 17101 (717) 232-6300 Please enter the appearance of Richard E. Freeburn, Esquire on behalf of Plaintiff, Denise Beary in the above-captioned action. Respectfully submitted, By: I Richard'E. Fre _eburn, Esquire ID No. 30965 FREEBURN & HAMILTON, PC 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 Date: 10/25/06 .?-' CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe has been duly served on the following this 25th day of October, 2006, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Jefferson J. Shipman, Esquire JOHNSON DUFFIE STEWART & WEIDNER, PC PO Box 109 Lemoyne PA 17043 Scott B. Cooper, Esquire SCHMIDT RONCA & KRAMER, PC 209 State Street Harrisburg PA 17101 BY: Georgiane J. H s, Assistant to Richard E. Freeburn, Esquire Attorney I.D. #30965 FREEBURN & HAMILTON 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 Dated: 10/25/06 Attorney for Plaintiff C n _ w t '? l? Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 DENISE BEARY, V. Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA AMANDA YEAGER, Defendant CIVIL ACTION - LAW NO. 06-1156 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: Richard E. Freeburn, Esquire Freeburn Hamilton 4415 North Front Street Harrisburg, PA 17110 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoenas has been received, the twenty day waiting period was waived; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. By DATE : rl l ! ?161 JOHN , DUFFIE, STEWART & WEIDNER Jeffefon J. Shipman, Esquire Attorneys I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, first class, postage prepaid, in Lemoyne, Pennsylvania, on 7 111 U? Richard E. Freeburn, Esquire Freeburn Hamilton 4415 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By Jeffer 7nJ-.Shipman, Esquire I.D. #: 51785 P.O. Box 109 Lemoyne, PA 17043 717-761-4540 Attorneys for Defendant Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 DENISE BERRY, Plaintiff Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. AMANDA YEAGER, Defendant CIVIL ACTION - LAW NO. 06-1156 CIVIL TERM : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Richard E. Freeburn, Esquire Freeburn Hamilton 4415 North Front Street Harrisburg, PA 17110 PLEASE TAKE NOTICE that Defendants intend to serve four (4) subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned objections to the subpoenas. If no objection is made, the subpoenas may be served. JOHNSON, DUFFIE, STEWART & WEIDNER By Jeffers n J. Shipman, Esquire Attorn s I.D. #: 51785, 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant DATE: CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, certified mail, postage prepaid, in Lemoyne, Pennsylvania, on (e? Richard E. Freeburn, Esquire Freeburn Hamilton 4415 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By Jeffer on J. Shipman, Esquire I.D. #: 51785 P.O. Box 109 Lemoyne, PA 17043 717-761-4540 Attorneys for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Denise Beary, Plaintiff vs. File No. 06-1156 Amanda Yeager, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO. Devonshire Family Practice (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the foiiowing documents or things: any and all medical records, reports, correspondence, diagnostic test results regarding Denise Beary DOB: 12/1/71 SSN: 176-48-5350 at Johnson Duffie Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. 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: - Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: P oth notary/Clerk, Civil Divisio eputy 2UU7 DATE:- Lmp. Seal of the Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Denise Beary, Plaintiff vs. File No. 06-1156 Amanda Yeager, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Broad Street Familv Practice (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, reports, correspondence, diagnostic test results regarding Denise Beary DOB: 12/1/71 SSN: 176-48-5350 at Johnson. Duffie, Stewart & Weidner, 301 Market Street. P.O. Box 109, Lemoyne, PA 17043. 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: Jefferson J. Shipman. Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: P of notary/Clerk, Civil Division eputy DATE: 2aD7 Seal of the Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Denise Beary, Plaintiff vs. File No. 06-1156 Amanda Yeager, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pennsylvania Neurological Associates (Name of Person or Entity) Within twenty (20) clays after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, reports, correspondence, diagnostic test results regarding Denise Beary DOB: 12/1/71 SSN: 176-48-5350 at Johnson. Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne PA 17043. 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: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: rot onotary/Clerk, Civil Division Deputy DATE: 02667 Seal of the Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Denise Beary, Plaintiff vs. Amanda Yeager, Defendant File No. 06-1156 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Appalachian Orthopedic Center LTD (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docUments or things: any and all. medical records, reports, correspondence, diagnostic test results regarding Denise Beary DOB: 12/1/71 SSN: 176-48-5350 at Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. 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: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant DATE: r o-007 Seal of the Court BY THE COURT: 0 onotary/Clerk, Civil Division Deputy (Eff. 7/97) C> ?' -art G-? "? _f i 'P. ?? F,,? , ,i _ y.. ; ?? - , .,. Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 DENISE BEARY, V. Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA AMANDA YEAGER, Defendant CIVIL ACTION -LAW NO. 06-1156 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: Richard E. Freeburn, Esquire Freeburn Hamilton 4415 North Front Street Harrisburg, PA 17110 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoenas has been received, the twenty day waiting period was waived; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. JOHN N, DUFFIE, STEWART & WEIDNER By Je rson J. Shipman, Esquire Attorneys I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com DATE : Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, first class, postage prepaid, in Lemoyne, Pennsylvania, on 161.a? Richard E. Freeburn, Esquire Freeburn Hamilton 4415 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By Jeffers n J. Shipman, Esquire I.D. #: 51785 P.O. Box 109 Lemoyne, PA 17043 717-761-4540 Attorneys for Defendant Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 Attorneys for Defendant DENISE BEARY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. AMANDA YEAGER, Defendant CIVIL ACTION -LAW NO. 06-1156 CIVIL TERM : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Richard E. Freeburn, Esquire Freeburn Hamilton 4415 North Front Street Harrisburg, PA 17110 PLEASE TAKE NOTICE that Defendants intend to serve two (2) subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned objections to the subpoenas. If no objection is made, the subpoenas may be served. JOHNSON, DU_9FIE, STEWART & WEIDNER Jeffeyson J. Shipman, Esquire Attorneys I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant DATE: t6lgld-? CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, certified mail, postage prepaid, in Lemoyne, Pennsylvania, on 16 Richard E. Freeburn, Esquire Freeburn Hamilton 4415 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By _ Je rson J. Shipman, Esquire I.D. #: 51785 P.O. Box 109 Lemoyne, PA 17043 717-761-4540 Attorneys for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Denise Beary, Plaintiff vs. File No. 06-1156 Amanda Yeager, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Community General Osteopathic Hospital (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: MRI (ACTUAL FILMS) of Cervical Spine dated 8/30/07 regarding Denise Beary DOB: 12/1/71 SSN: 176-48-5350 at Johnson. Du_ffte, Stewart & Weidner, 301 Market Street. P.O. Box 109, Lemoyne PA 17043. 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: Jefferson J. Shipman. Esquire ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: /51 llati je. 671" P othonotary/Clerk, Civil ision L6& Deput DATE: lob a Seal of he Court (Eff.. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Denise Beary, Plaintiff vs. Amanda Yeager, Defendant File No. 06-1156 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO. Tristan Associates (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce- the following documents or things: MRI (ACTUAL FILMS) of Cervical Spine dated 1/8/05 regarding Denise Beare DOB: 12/1/71 SSN: 176-48-5350 at Johnson, Duffle, Stewart & Weidner. 301 Market Street P.O. Box 109, Lemoyne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service,-the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: Jefferson J. Shipman. Esquire 301 Market Street Lemovne. PA 17043 717-761-4540 51785 Defendant BY THE COURT: K. Ppbthonotary/Clerk, Civil Divis' n Depu DATE: l9 17 D Seal of he Court (Eff. 7/97) CZ3 T't ' --.? )?Y r PSI) -D rTT c) _4a CJ e., ^".r r.? ? 4 S r r I J t .per ? W ? DENISE BERRY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-01156 AMANDA YEAGER, CIVIL ACTION - LAW Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONTARY OF SAID COURT: Kindly enter the appearance olf the undersigned on behalf of Plaintiff in the above-captioned action. FREEBURN & HAMILTON -DIA Christina L. Bradley, Esq ire I.D. No. 89107 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 Date: 11/15/07 I ' CERTIFICATE OF SERVICE I hereby certify that a true and d correct copy of the foregoing document has been duly served on the following this 15th day of November, 2007, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Jefferson J. Shipman, Esquire JOHNSON DUFFIE STEWART & WEIDNER, PC PO Box 109 Lemoyne PA 17043 BY: ??6G!/ol? J e A. es, Assistant to C a L. Bradley, Esquire I.D. No. 89107 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 Date: 11/15/07 Counsel for Plaintiffs N f f? l I-T 7-M er, ,a - --- z7 3 (D 2 --i cn FREEBURN & HAMILTON By: Christina L. Bradley, Esquire I. D. No. 89107 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 (717) 671-1960 DENISE BERRY, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA AMANDA YEAGER, Defendant NO. 06-1156 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: PLEASE mark the above-captioned matter satisfied, settled and discontinued with prejudice. Date: PM'_C L-k-A i2I zoos FREEBURN & HAMILTON By: I '&C?' / Christina L. Bradley, Esqu' e Attorney I.D. #: 89107 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 Attorneys for Plaintiff FILE1r- Y::i"E 2009 NOV 24 AM 9: 17