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Home My WebLink About01-4430DARLENE BEASTON and RICHARD BEASTON, Plaintiffs KIMBERLY SPANGLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set foah in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance persunally 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 imperator 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. COURT ADMINISTRATOR 4th Fl., Cumberland County Courthouse Carlisle, Pennsylvania 17101 (717) 240-6200 NOTICIA Le han demandado a nsted en la corte. Si nsted quiere defenderse de estas demendas expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escfita o en persona o por abogado y archivar en la corte en forma escrita sns defensas o sns objeciones a las demandas en contra de su 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 pot cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DrNERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECC1ON SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. COURT ADMINISTRATOR 4th Fl., Cumberland County Courthouse Carlisle, Pennsylvania 17101 (717) 240-6200 ORIGINAL 232676. I~CfG~LC3 DARLENE BEASTON and RICHARD BEASTON, Plaintiffs KIMBERLY SPANGLER, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. o/- q~,3o JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs Darlene and Richard Beaston, citizens of the Commonwealth of Penusylvania, are husband and wife, adult individuals who reside at 1042 Grahams Woods Road, Newville, Cumberland County, Pennsylvania. 2. Defendant Kimberly Spangler, a citizen of the Commonwealth of Pennsylvania, is an adult individual who resides at 14 Stewart Drive, Carlisle, Cumberland County, Pennsylvania. 3. The facts and occurrences hereinafter related took place on or about July 7, 2000, at approximately 12:50 p.m., at the intersection of West South Street and Mooreland Avenue, Carlisle, Cumberland County, Pennsylvania. 4. At that time and place, Ms. Beaston was operating her motor vehicle, a 1990 Ford Taurus, in a western direction in the westbound lane of West South Street. 5. At the same time, Defendant Spangler was operating her motor vehicle, a 2000 Toyota Four Runner, in an eastern direction in the eastbound lane of West South Street. 6. Suddenly and without waming, Defendant Spangler made a lef~ mm directly in front of Ms. Beaston's vehicle, causing the front fight portion of Ms. Beaston's vehicle to collide into the right side of Defendant Spangler's vehicle. 7. Defendant Spangler stated that the collision was her fault and that she had not seen Ms. Beaston's vehicle. 232676. I hMTG~LC3 8. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiffs are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant Spangler operated her motor vehicle as follows: a) failure to keep alert and maintain a proper watch for the presence of other motor vehicles; b) failure to check for oncoming traffic before turning across lanes; c) failure to keep proper and adequate control over her vehicle; and d) driving her vehicle upon the roadway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. CLAIM I Darlene and Richard Beaston v. Kimbefly Spangler 9. Paragraphs 1 through 8 of the Complaint are incorporated herein by reference. 10. Ms. Beaston sustained painful and severe injuries including but not limited to neck pain, back pain, mnsculoskeletal back strain/sprain, and post-traumatic stress disorder. 11. By reason of the aforementioned injuries sustained by Ms. Beaston, she was forced to incur liability for medical treatment, medications, counseling, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 12. Because of the nature of her injuries, Ms. Beaston has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 13. As a result of the aforementioned injuries, Ms. Beaston has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 232676.1 ~vlTG~LC3 2 14. As a result of the aforementioned injuries, Ms. Beaston has been and in the future may be subject to humiliation and embarrassment, and claim is made therefor. 15. As a result of the aforementioned injuries, Ms. Beaston has experienced lost wages and a permanent diminution of her earning capacity, and claim is made therefor. 16. Ms. Beaston continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. CLAIM II Darlene and Richard Beaston v. Kimberly Spangler 17. Paragraphs 1 through 16 of the Complaint are incorporated herein by reference. 18. As a result of the aforementioned injuries sustained by his wife, Ms. Beaston, Mr. Beaston has been and may in the future be deprived of the care, companionship, consortium, and society of his wife, ail of which will be to his great detriment, and claim is made therefor. WHEREFORE, Plaintiffs Darlene and Richard Beaston demand judgment against Defendant Joseph Reinhardt, III, in an amount in excess of Twenty-five Thousand ($25,000.00) 232676.1~ITG\LC3 3 Dollars, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. ANGINO & ROVNER, P.C. Ddvid L.' LutzV I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiffs 232676. IhMTG~LC3 4 VERIFICATION We, Darlene and Richard Beaston, Plaintiffs, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are tree and correct to the best of our knowledge, information and belief. We understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. WITNESS: Dated: Darlene Beaston Richard Beaston 232676.1 ~MTGLLC3 SHERIFF'S RETURN - REGULAR CASE NO: 2001-04430 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BEASTON DARLENE ET AL VS SPANGLER KIMBERLY SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SPANGLER KIMBERLYthe DEFENDANT , at 1550:00 HOURS, at 14 STEW~LRT DRIVE on the 23rd day of July , 2001 CARLISLE, PA 17013 KIMBERLY SPANGLER by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 Sworn and Subscribed to before me this ?~_- day of -4~- ~ A.D. ! /Prothonotar~ , , ~ So Answers: R. Thomas Kline 07/24/2001 ANGINO & ROVlq~._~ By: ~ ~9~pu~heriff John A. Staffer, Esquire Attorney L D. No. 43812 GOLDB~RG, KATZMAN & SHIPMAN, P.e. 320 Market 8txeet P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendant DARLENE BEASTON and RICHARD BEASTON, Plaintiffs KIMBERLY SPANGLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-4430 CIVIL TERM JURY TRIAL DEMANDED NOTICE TO PLEAD TO: DARLENE BEASTON and RICHARD BEASTON, Plaintiffs c/o DAVID L. LUTZ, ESQUIRE Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorney for Plaintiff' YOU ARE REQUIRED to plead to the within Answer With New Matter within twenty (20) days of service hereof or a default judgment may be entered against you. GOLDBERG, KATZMAN & SHIPMAN, P.C. By: Attorney I. D. No. 43812 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendant Kimberly Spangler Io~m A. Staffer, Esquire Attorney I. D. No. 43812 GOLDBERG, KATZMAN & ~/tIPMAN, P.C. 320 Market Street P.O. Box 1268 Han'isburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendant DARLENE BEASTON and RICHARD BEASTON, Plaintiffs KIMBERLY SPANGLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-4430 CIVIL TERM JURY TRIAL DEMANDED ANSWER OF DEFENDANT KIMBERLY SPANGLER TO PLAINTIFFS' COMPLAINT INCLUDING NEW MATTEI~ AND NOW, comes the Defendant, Kimberly Spangler, by her attorneys, Goldberg, Katzman and Shipman, P.C., who file the following Answer and New Matter in response to the Plaintiffs' Complaint: 1. Admitted on information and belie£ 2. Admitted. 3. It is admitted that an accident occurred on July 7, 2000 at approximately 12:50 p.m. at the intersection of West South Street and Moreland Avenue in Carlisle. 4. Admitted. 5. Admitted. 6. Admitted in part; denied in part. It is admitted that Defendant Spangler turned left in fi'ont of the Plaintiffs vehicle. It is denied that the Defendant failed to warn of the turn. It is admitted that a collision occurred between the vehicles. 7. Admitted. 8. It is admitted that the accident was caused in part by the actions of Kimberly Spangler. By way of further answer, the remaining averments in this paragraph are denied as conclusions of law. CLAIM I Darlene and Richard Beaston v. Kimberlv Spsam,ler 9. Defendant incorporates by reference her answers to the avermems in paragraphs 1 through 8 of the Plaintiffs' Complaint as if set forth at length. 10. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments concerning the nature and extent of the Plaintiffs alleged injuries and, therefore, denies the same and demands strict proof at time of trial if deemed material. 11. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments concerning the nature and extent of the Plaintiffs alleged injuries or the reasonableness and necessity of medical treatment and, therefore, denies the same and demands strict proof at time of trial if deemed material. 12. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments concerning the nature and extent of the Plaintiff's alleged injuries or expenses and, therefore, denies the same and demands strict proof at time of trial if deemed material. 13. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments concerning the nature and extent of the Plaintiffs alleged injuries and/or damages and, therefore, denies the same and demands strict proof at time of trial if deemed material. 3 14. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments concerning the nature and extent of the Plaintiffs alleged injuries and/or damages and, therefore, denies the same and demands strict proof at time oftrlal if deemed material. 15. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments concerning the nature and extent of the Plaintiffs alleged injuries and/or damages and, therefore, denies the same and demands strict proof at time of trial if deemed material. 16. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments concerning the nature and extent of the Plaintiffs alleged injuries and/or damages and, therefore, denies the same and demands strict proof at time of trial if deemed material. CLAIM II Darlene and Richard Beaston v. lCimberlv SDang~..~- 17. Defendant incorporates by reference her answers to the averments in paragraphs 1 through 16 of the Plaintiffs' Complaint as if set forth at length. 4 18. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments concerning the nature or extent of the Plaintiffs' alleged injuries and their alleged effect on Mr. Beaston and, therefore, denies the same and demands strict proof at time of trial if deemed material. WItEREFORE, Defendant Kimberly Spangler respectfully requests that the Plaintiffs' Complaint be dismissed and that judgment entered in favor of Defendant and against the Plaintiffs. NEW MATTER By way of additional Answer and Reply, Defendant Kimberly Spangler raises the following New Matters: 19. Some or all of the Plaintiffs' claims are barred in whole or in part and/or are limited by the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C. S. A. § 1701, et se__~q. and especially by §§1705 and 1722 of that law. 20. Some or all of the Plaintiffs' injuries and damages pre-existed the date of this accident and were not caused or aggravated by the accident. WHEREFORE, Defendant Kimberly Spangler respectfully requests that the Plaintiffs' Complaint be dismissed and that judgment be entered in favor of the Defendant and against the Plaintiffs. DATE; ~/~ ~/~/ 66937.1 By: Respectfully submitted, GOLDBERG, KATZMAN & SHAMAN, P.C. Attorney I. D. No. 43812 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant Kimberly Spangler 6 VERlgICATION I~ KIMBERLY SPANGLER, hereby acknowledge that I am the Defendant in this action; that I have read the foregoing documem; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. KIMBERLY gPANGLI~I~ DATE: CERTn~ICATE OF SERVICE I HEREBY CERTIFY that I served a tree and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the '~ >> day of /~ ~ ~ S~r ,2001, addressed to the following: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 By: Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant Kimberly Spangler DARLENE BEASTON and RICHARD BEASTON, Plaintiffs KIMBERLY SPANGLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 01-4430 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER 19. It is admitted that the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law apply. 20. It is admitted that Plaintiff sustained serious orthopedic injuries in a motor vehicle accident that pre-dated the accident involving the Defendant on July 7, 2000. However, Plaintiffs have pleaded in their Complaint that the subject motor vehicle accident involving Defendant Spangler aggravated, exacerbated, and activated Plaintiff Darlene Beaston's pre- existing condition. WHEREFORE, the Plaintiffs respectfully request that the Defendant's New Matter be dismissed. ANGINO & ROVNER, P.C. Dawd~L Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiffs 235336. BDLL~iTG CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a tme and correct copy of the AMENDED COMPLAINT upon all counsel of record via postage prepaid first class United States mail addressed as follows: John A. Statler, Esquire Goldberg, Katzman & Shipman 320E Market Street P.O. Box 1268 Harrisburg, PA 17108 Attorney for Defendant 235336. IkDLLhMTG John A. Staffer, Esquire Attorney I. D. lqo. 43812 GOLDBI~RG, KATZMAN & ,~nPMAlq, P.C. 320 Market S~'eet P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendant DARLENE BEASTON and RICHARD BEASTON, Plaintiffs V. : KIMBERLY SPANGLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 01-4430 CIVIL TERM JURY TKL~ 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, Defendants hereby certify that: 1) A Notice of Intent to serve the subpoenas, with a copy of the subpoenas attached thereto, was mailed 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; and 4) DATE: C~ / q/~9 / The subpoenas to be served are idemical to the subpoenas attached to the Notice of Intent. By: ~ Attorney I.D. No. 43812 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 John A. Statler, Esquire Attorney I. D. No. 43812 GOLDBI~RG, KATZMAN & ~gilPMAN, P.C. 320 Market S~zeet P.O. Box 12(58 Harrisburg, PA 17108-1258 Telephone: (717) 234-4151 Attorney for Defendant DARLENE BEASTON and RICHARD BEASTON, Plaintiffs KINmERLY SPANGLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-4430 CIVIL TERM JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: DARLENE BEASTON and RICHARD BEASTON, Plaintiffs e/o DAVID L. LUTZ, ESQUIRE Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorney for Plaintiffs PLEASE TAKE NOTICE that Defendant, Kimberly Spangler imends to serve subpoenas identical to the ones attached to this notice. You have twenty (20) days from the date listed below in which to file on record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. GOLDBERG, KATZMAN & SHIPMAN, P.C. Date: ~'/ly-)~ I John 3c~tatler, Esqu'tre~-~ Attorney for Defendant DARLENE BEASTON and RICHARD BF-~ .qTON, KIHBERLY SPANGLER, ~~H OF COONTY OF ~ Plaintiffs : Defendant : File No. Civil Term SUBPOENA TO PR(I:KX~ ~NTS O~ TH I~ FO~ DIS(X)VE~y PURSUANT TO RULE 4009.22 TO: CARLISLE HOSPITAL (N~ne of Person or Entity) Within twenty (20) days after secvice of this subpoena, you a~e ordered by the court to ~duce the follo~ir~ docu.ents or things: Copies of all l~ergency Roo~ record-, hospital records, office records, office notes, xrray reports, radiolog~ reports, NRI reports, consultation reports, lab results, operative records, 4ischarge ~ ..... [ies, uu~lu~ uut=u, ~ud .II vaha~ ~ecords at Goldber~, Katzman & Shipman, P.C., 320 'Y-~Fket Street, P.O. Box 1268, Harrisbur§, PA 17108-1268 (Address) You may delive~ or mai! legible cooies of the documents or produce things requested by bhis subpoena, together with the certificate of cu~liance, to the party making this request at the add~s listed above. You have the Pight to seek in advanc~ the ~ea~onable cost of preparing ~he copies er producing the things sought. If you fail to p~oduce the docunents or things required by this subpoena within twenty (20) days after i~s service, the I~ty serving this subpoerm may seek a court order ~ellir~g you to c~Iy with it. rltlS SUBPOENA WAS ISSUED AT THE RECLIEST ~ THE FOLLOWII~ PERSON: ~: 3o~ t. Statler, Esquire ~E~: 320 ~r~t Street, P.O. ~ 1268 ~rr~ PA ~7108-1268 ~: (717) 234-4161 ~ ~ ID ff 43812 ~ F~: ~fen~t BY THECOURT: Seal of the Court P~thono~y~l~, Civil Division (Elf. 7/97) DARLENE BEASTON and RICHARD BEASTOH, KI:NBEELY SPANGLER, ~TH OF P~/LVANIA Plaintiffs : Defendant : File No. 01-4430 Civil Term SUePOENA TO PROOUCE DOOJ~NTS OR TH I~ FOR DISCOVERY PURSUANT TO RULE 4009.2? BELVIIUERE M~DICAL CL~VI~R (Name of Person or Entity) Wi~htn ~we~ty (20) days after service of ~his subpoena, you ere ordered by ~he court ~o ~duce the following documents or things: Copies of all PmerKencY Room records, hospital records, office records, office notes, xyray reports, radiology reports, NRI reports, consultation ~ports, lab results; Operative records, discharge ~.,.,,,.~ries, uu[ulu~ uuL~, ~ud a-l-l--ot~-~ecords at Coldherg, Katzman & Sb/pman, P.C., 320 Market Street, P.O. Box 1268, Harrisburg, PA 17108-1268 (Address) You may del iver or mail legible cooies of the doctments or produce things requested by :his subpo~qa, together with the certificate of cu,~liance, to the party rnakin~ this 'equest at the address listed above. You have the right to seek in advance the reasormble :ost oF preoaring the cooies or r~ducing the things sought. If you fail to produce the docunents or things required by this subpoena within twenty [20) days after i~s service, the party serving this subrx~m may seek a court order ~,~ellir.~ you to c~,~ly with it. ·IIS SUI~OOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWINQ PERSON: John A. Statler, Esquire ~ORESS: 320 Market Street, P.O. Box 1268 ltarrts_.q_~_~_gx PA 17108-1268 (7171 234-4161 LIPR~CI:XJRT ID # 43812 ,1TORNE~FOR: Defendant 8YTHEOOURT: Seal of the Co~.t P~thor~ary~l~, Oivil Division (Elf. 7'/97) DARLEIfE BEASTON and ILl CHARI) BF~STON, KI3qBERLY SPANGLER, ~TH OF PENNSYLVANIA Plaintiffs : Defendant : File No. 01-4430 Civil Term SUBPOENA TO PROOUCE ~NTS OR TH I FOR DISO3VERY PURSUANT TO RULE 4009.22 TO: APPALACHIAN ORTHOPEDIC CENT~.I(, LTl). (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are orderedby the court to ~.x~uoe the following doctments or things: Copies of all ~erKenc¥ P. oom records,, hospital records, office records, office notes, xrray reports, radiolog~ reports. M1LI reports, consultation reports, lab r~-~lts, operative records, dls~srge . ....... ties. uuzul~ null., .nd all vLL~r ~ecords at C;oldber~, Kat~-~- & Shipman, ~.C., 320 Market Street, P.O. Boz 1268, ~,[sburs, ~A [7108-1268 (Rddress) You may deliver or mail legible cooies of the docunents or produce things requested by this subpoena, together with the certificate of ou~liance, to the party making this -equest at the address listed above. You have the right to seek in advance the reasonable :cst o~ preparing the copies or I~x~ucing the th~ngs sought. If you fail to produce the documents or things required by this subpoen~ within twenty ~20) days after its service, the party serving this subpoerm may seek a court order ~u~,elling you to c~ly with it. rills SUBPOENA WAS ISSUED AT THE RE(~UEST OF THE FOLLOWING PERSC~: ~ll!: Joh~A. Statler, Esquire ~: azu ~rmt Street, ~.0. ~x 1768 Marrtsburg~ PA 17108-1268 ~LF-F~0NE: (717/ 234--4.161 ;UPP. I~E~ ID ~ 43812 ~FOR: Defendant BY THECXX~T: Seal of the Coup. t Prothono~y~l~, Civil Division oepu y (Eff. 7/97) DARLENE BF..ASTON and RICHARD BEASTOR'~ KIMBERLY SPANGLER, CO--TH OF PI~VANIA Plaintiffs : Defendant : File No. 01-4430 Civil Term SUBPOENA TO PROOUCE DOCLIflENTS OR THINer. _FOR DISCOVERY PURSUANT TO RULE 4009.22 JACK C. AUJ:Im~: REALTORS (Name of Person o~ Entity) Within twenty (20) days altec service of this subpoena, you a~eo~de~edby the cou~t to r~xiuce the following docunents o~ things: Copies of all ea~lo~ment records, perso~el records, ~ork records, 10998, atten~-.ce records~ coaa,~ion records~ application,: for lo at disci lina records and all other docuemnts ertain to Da.r__l. ene Beaston at Goldberg, [atzman and Stu[~ma~, P.C., 320 Market Street, P.O. Box 1268, N~rrisbur~, PA (&ddPess) 17108-1268 You may de]ive~ o~ raai] |e~ib)e cooies of the documents oc pmoduce thirds requested by this subpoena, to~ethe~ with the certificate of coi~)iance, to the paPty rnaking this mequest at the address listed above. You have the mi(~ht to seek in ac~anc~ the measo~le cost of p~epa~in<j the copies o~ p~oducins the things sought. If you fai! to p~oduce the doctznents o~ thin~s mequi~ed by this sub~a within twenty (20) days afte~ i~s service, the pa~ty serving this subpoerm may seek a cou~t c~de~ am,~elli~g you to co,uly with it. tHIS Sl~ WAS ISSUED AT ~HE RE(;~IEST O~ THE FO(_LOWING PERSON: JolmA. Statler. Esquire P.O. Box 1268 Harr~sburg,-P--~---l?108_1268 RJI~OOUf~ IO#_43812 ~FTORNEYFOR: Defendant 8YTHEOOURT: seal of the Coup. t Prothonota~y~l~, Civil Otvist~ Deputy (Eff. 7/97) CERTIFICATE OF SERVICE I ltEREBY CERTIFY that I served a tree and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the C//-/'14 day of ,~-' 2001, addressed to the following: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 By: Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant Kimberly Spangler John A. Static, Esquire ~I. D. No. 43812 GOLDII~RO, KATZblAN & ~tm,MAN, P.C. 320 Market Street P.O. Box 12611 Hsrrisbur~ PA 17108-1268 Telephone: ('/17) 2~4-4161 Attorney for Defendant DARLENE BEASTON and RICHARD BEASTON, Plaintiffs KIMBERLY SPANGLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-4430 CIVIL TERM FuRY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE QF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: 1) A Notice of Intent to serve the subpoena, with a copy of the subpoena attached thereto, was mailed or delivered to each party. Counsel for the Plaintiffs has waived the twenty-day notice period on which the subpoena was sought to be served; 2) A copy of the Notice of Intent, including the proposed subpoena, is attached to this certificate; 3) No objection to the subpoena has been received; and 4) DATE: The subpoena to be served is identical to the subpoena attached to the Notice of Intent. John A.~tauer~,s~ire Attorney I.D. No. 43812 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 .loire A. Statler, Esquire Attorney I. D. No. 43812 GOLDBERG, KATZMAN &sHiPMAN, P.C. 320 Market Street P.O. Box 1268 Hanisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendant DARLElqE BEASTON and RICHARD BEASTON, Plaintiffs KIMBERLY SPANGLER, Defendant IN TH~ COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 01-4450 CIVIL TERM /URY TRIAL DEMANDED NOTICE OF INTENT TO sERVE SUBPOENA TO PRODUCE DOCUMENTS AND TIHNGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: DARLENE BEASTON and RICHARD BEASTON, Plaintiffs c/o DAVID L. LUTZ, ESQUIRE Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorney for Plaintiffs PLEASE TAKE NOTICE that Defendant, YAmberly Spangler intends to serve a subpoena identical to the one attached to this notice. You have twenty (20) days from the date listed below in which to file on record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. GOLDBERG, KATZMAN & Stol'MAN, P.C. O.te: By: Attorney for Defendant ~TH OF DllQJ~Ig BEASTON and EICEAIfl) BEASTON, Plaintiffs KIMBEP. LY SPANGLER, l~fendant File No. 01-4430 Civil TeI~ SU6POENA TO PRiX)DCE DOCUMENTS OR TH I Nc~ FOR DISOOVERY PURSUANT TO RULE 4009.2? TO: C~ISLE HOSPITAL, P~CHTA~RIC UI~T (Nam~ of Person oc Entity) Within twenty (20) days afte~ service of this subpoerm, you are o~de~ed by the couPt to produce the followin9 documents or things: __Copies of ail psychological records, psychiatric recor---Es, ~patlenu psychiatric '' records, co~eling records, psychological ~al,,ntions, psychiatric or p~I.holu~i~-i ~ra&lment records pertaining to D~I.KN~ a~ ~mla~ro_ {~t~.n. & Shipman, P.C., 320 ltarket Street, P.O. Box 1268; ~arrisbur~,-PA 1/108- -- -- !768 (~ddcess) You may deliver o~ mail legible cooies of the doctrnents or produce things requested by this subpoena, together with the certificate of c~,~liance, to the party making this request at the address listed above. You have the right to seek in adva~.ce the reasonable cost o~ preparing the co~ies or producing the thirds sought. If you fail to produce the do~ts or things required by this subpoena within twenty (20) days after its service, the pa~ty servin~ this subpc.~',a may seek a court order co,~ellir;g you to c~ly with it. THIS SUBPOENA WAS I SSUEOATTHE REQUEST OF TIlE FOI_LOHING PERSOn: NAPIE: John I. Statler, Esquire Coldberg· ~tz~nn a ~hilaaau, P.O. Box I268 TELEPHONE: (717) 234-4161 SUPRE~ECOURT ID # ~3812 ATTORNEY FOR: Defendant Kimberly SpanEler BY THECOURT: DATE: Seal of tyne Court Prothono~y~lerk, Civil Oivisien (Elf. 7/97) (~ERTIFICATE OF SERVICE I ~REBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the [ '~ ~ day of ~d. dt ~ ~-~ ,2001, addressed to the following: David L. Luta, Esquire Anglno & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Respectfiflly submitted, COlA)BERG, KAT'ZMAN & SHIPMAN, P.C. Attorney I. D. No. 43812 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant Kimbefly Spangler Darlene Beaston and Richard Beaston vs. Kimberly Spanqler NO. 01-4430 IN THE COURT OF CO}[MON PLEAS OF C5%IBERLAND COUNTY, PENNSYLVANIA CIVIL TERM RULE 1312-1, The Petition for Appointment of Arbitrators shall be substantially im the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: David L. Lutz, Esq. , counsel for the plaintiff~x~l~ in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue- 2. The claim of the plaintiff in the action is $ unliquidated The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are other- wise disqualified to sit as arbitrators: David L. Lutz, Esquire and John Statler, Esquire WEEREFOR~, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted· cc John Statler, Esq. i~Date: 3-14-02 Now, , co idera=ion of the ab~captioned action (or actions) as prayed for. c~ C~ DARLENE BEASTON and RICHARD BEASTON V. KIMBERLY SPANGLER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA · 01-4430 CIVIL TERM IN RE: ARBITRATION PANEL ORDER OF COURT AND NOW, April 9, 2002, the Court having been informed that Thomas Bright, Esquire, is unavailable for the above-captioned arbitration hearing, Susan Hartman, Esquire, is appointed in his stead. By the Court, Marlin M¢Caleb, Esquire Chairman Court Administrator Ge~ P.J. DARLENE BEASTON and RICHARD BEASTON, Plaintiffs KIMBERLY SPANGLER, Defendant ) ). ) ) ) OATH In The Court of Co---on Pleas of C,~herland County, Pennsylvania CIVIL ACTION - LAW No. 01 ,- 4430 CIVIL )~(TERM JURY TRIAL DEMANDED We do sol~--ly swear (or affirm) chac we will support, obey and defend ~he Cons:i:u:ion of ~he United $~ates and ~he C0ns~i~u:~on of ~his Common- weai~h ~ ~ha~ we ~11 dischar,. ~he du~ies~~deli~. Wes =he ~dersi~ed arbitrators, hav~n~ been duly ap~oinCed and swo~ (or affi~e4), ~ke =he foll~n~ award: (No=e: If d~-~es for delay are awarded, chey shall be se~ara=el7 s:a=e4.) · Arbitrator, dissents. applicable.) Da:e of Hearin$::~ Date of Award: ~-/~--~ (Inset: name if award was entered upon the and no~ce ~hereof ~lven b7 ~il :o ~he par:les or their at=ormeys. Arbitrators' compensation =o be Depu~ ~ DARLENE BEASTON and RICHARD BEASTON, Plaimiffs KIMBERLY SPANGLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 01-4430 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE To the Prothonotary of Cumberland County: Please mark the above-captioned action settled, satisfied, and discontinued. ANGINO & ROVNER, P.C. I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiffs 233726.1~)LLWITG