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HomeMy WebLinkAbout02-1428GWENOLYN A. BARRICK and TIMOTHY E. BARRICK, PLAINTIFFS DAVID W. FISHER and FAITH C. FISHER, his wiife, DEFENDANTS : IN THE COURT OF COMMON PLEAS OF : CUMERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. CIVIL TERM : .. : JURY TRIAL DEMANDED PRAECIPE FOR ISSUANCE OF A WRIT OF S~ONS TO CURTIS R. LONG, PROTHONOTARY: Please issue a Writ of Summons against the defendants, David W. Fisher and Faith C. Fisher, and enter my appearance on behalf of the plaintiffs, Gwendolyn A. Barriek and Timothy E. Barrick. Please direct the Sheriffto serve the defendants as follows: David W. Fisher Faith C. Fisher 30 Cardinal Drive Carlisle, PA 17013-4309 March 22, 2002 Respectfully submitted, (717) 249-2353 Su t~'II~uire ,~et, Carlisle, PA 17013 ,reme Court I.D. No: 25476 To: DAVID W. FISHER and FAITH C. FISHER Date: ~0~ c~ ,2002 You are hereby notified that Gwendolyn A. Barrick and Timothy E. Barrick, his wife, plaintiffs, has commenced an action against you which you are required to defend or a default judgment may be entered against you. ~ P-4~TI~ON/~TARY By: . (~jt DEPUTY ~ GWENDOLYN A. BARRICK and TIMOTHY E. BARRICK, PLAINTIFFS Vo DAVID W. FISHER and FAITH C. FISHER, his wiife, DEFENDANTS : IN THE COURT OF COMMON PLEAS OF : CUMERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1428 CIVIL TERM JURY TRIAL DEMANDED AMENDED PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please issue a Writ of Summons against the defendants, David W. Fisher and Faith C. Fisher, and enter my appearance on behalf of the plaintiffs, Gwendolyn A. Barrick and Timothy E. Barrick. Please direct the Sheriff to serve the defendants as follows: David W. Fisher Faith C. Fisher 30 Cardinal Drive Carlisle, PA 17013-4309 Respectfully submitted, By: Marcus Ait~VI_cI~_ight, III~sq~' 60 West Pomfret Stree~arlisle~PA 17013 (717) 249-2353 Supr e Ce~.~.D. No: 25476 March 27, 2002 To: DAVID W. FISHER and FAITH C. FISHER You are hereby notified that Gwendolyn A. Barrick and Timothy E. Barrick, his wife, plaintiffs, has commenced an action against you which you are required to defend or a default judgment may be entered against you. ~TARY Date:~__., 2002 By: DEPUTY SHERIFF'S RETURN - REGULAR CASE NO: 2002-01428 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BARRICK GWENOLYN A ET AL VS FISHER DAVID W ET AL CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon FISHER FAITH C the DEFENDANT , at 2004:00 HOURS, on the 3rd day of April at 30 CARDINAL DRIVE CARLISLE, PA 17013 by handing to DAVID W. FISHER a true and attested copy of WRIT OF SUMMONS , 2002 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /~ day of (7~'~ ~2~ _~ A.D. · ;Pro~onotaf~ ! / So Answers: R. Thomas Kline 04/05/2002 //~ IRWIN MCKNIGHT HUGHES , / / ~ Deputy She~'iff ~ SHERIFF'S RETURN - REGULAR CASE NO: 2002-01428 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BARRICK GWENOLYN A ET AL V$ FISHER DAVID W ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon FISHER DAVID W the DEFENDANT , at 2004:00 HOURS, on the 3rd day of April , 2002 at 30 CARDINAL DRIVE CARLISLE, PA 17013 by handing to DAVID W FISHER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this /D~ day of ' ~rothonot~-rl/ ' ' So Answers: R. Thomas Kline 04/05/2002 IRWIN MCKNIGHT HUGHES /~ By: ~.~~~~ ' Deputy S~eriff ~ m:\home\bqa~litigatkstatefrmWISHER\entryofappearance.wpd Draft #1 April 30, 2002 Brigid Q. Al ford, Esquire Supreme Court I.D. #38590 Je ffi'ey E. Piccola, Esquire Supreme Court ID #18018 BOSX3/ELL, TINTNER, PICCOLA & WiCKERSHAM 315 North Front Street Post Office Box 741 Harrisburg, pennsylvania 17108-0741 Attorneys for Defendants David W. Fisher and Faith C. Fisher GWENDOLYN A. BARRICK and TIMOTHY E. BARRICK, Plaintiffs DAVID W. FISHER and FAITH C. FISHER, his wife, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 02-1428 Civil Term : : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE Kindly enter the appearances ofBrigid Q. Alferd, Esquire, Jeffrey E. Piccola, Esquire and Boswell, Tintner, Piccola & Wickersham on behalf of Defendants David W. Fisher and Faith C. Fisher. Respectfully submitted, Date: By: Brigid ~./~ilfor'cl,rEs~,!lire Supreme Court I.D. #38590 Jeffi'ey E. Piccola, Esquire Supreme Court I.D. #18018 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 North Front Street Post Office Box 741 Harrisburg, Pelmsylvmfia 17108-0741 Attorneys for Defendants David W. Fisher and Faith C. Fisher CERTIFICATE OF SERVICE I do hereby certify that I have served a tree and correct copy of the foregoing Praecipe for Entry of Appearance by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Marcus A. McKnight, 12I, Esquire Irwin, McKnight & Hnghes 60 West Pomfret Street Carlisle, PA 17013 Date: By: m:\home\bqa\litigat\.statefrm~. ISHER~'ule to file complaint.wpd Draft #l April 30, 2002 Brigid Q. Atfonl, Esquire Supreme Court I.D. #38590 leffrey E. Piccola, Esquire Supreme Court ID # 18018 BOSWELL, TINTNER, PICCOLA & WlCKERSHAM 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendants Dav/d W. Fisher and Faith C. Fisher GWENDOLYN A. BARRICK and TIMOTHY E. BAR_RICK, Plaintiffs V. DAVID W. FISHER and FAITH C. FISHER, his wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-1428 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Enter a rule upon the Plaintiffto file a Complaint within twenty (20) days after service of the Rule, or Judgment of Non Pros will be entered. Respectfully submitted, By: Brigid'Q. [41ford;Eso~ire Supreme Court I.D. #~38590 Jeffrey E. Piccola, Esquire Supreme Court I.D. #18018 BOSWELL, TINTNER, PICCOLA & WlCKERSHAM 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendants David W. Fisher and Faith C. Fisher Date: GWENDOLYN A. BARRICK and TIMOTHY E. BARRICK, Plaintiffs V. DAVID W. FISHER and FAITH C. FISHER, his wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-1428 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED RULE TO THE PLAINTIFFS: You are ruled to file a Complaint within t~venty (20) days after service hereof. t PROTHONOTAR~ t CERTIFICATE OF SERVICE I do hereby certify that I have served on this date a true and correct copy of the foregoing Rule to File Complaint on the following by first-class mail, postage prepaid and addressed as follows: Marcus A. McKnight, 1II, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiffs Date: Brigid Q. A~ord, Esqu'~e GWENDOLYN A. BARRICK and TIMOTHY E. BARRICK, PLAINTIFFS DAVID W. FISHER and FAITH C. FISHER, his wife, DEFENDANTS : IN THE COURT OF COMMON PLEAS OF : CUMERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1428 CIVIL TERM JURY TRIAL DEMANDED NOTICE TO DEFEND 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, order 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 money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or p~operty or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 2 GWENDOLYN A. BARRICK and TIMOTHY E. BARRICK, PLAINTIFFS DAVID W. FISHER and FAITH C. FISHER, his wife, DEFENDANTS : IN THE COURT OF COMMON PLEAS OF : CUMERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW _. NO. 02-1428 CIVIL TERM JURY TRIAL DEMANDED COMPLAINT AND NOW, this 28th day of June, 2002 come the Plaintiffs, GWENDOLYN A. BARRICK and TIMOTHY E. BARRICK, by and through their attorneys, Irwin, McKnight & Hughes, and makes the following Complaint against the Defendants, DAVID W. FISHER and FAITH C. FISHER, as follows: The Plaintiffs are Gwendolyn A. Barrick and Timothy E. Barrick, adult individuals residing at 61 Fickes Road, Newville, Pennsylvania. 17241. The Defendants, are David W. Fisher and Faith C. Fisher, adult individuals residing at 30 Cardinal Drive, Carlisle, Cumberland County, Pennsylvania 17013. The Plaintiff, Gwendolyn A. Barrick, was a passenger in a 1987 Chrysler LaBaron automobile which was driven by her husband, Timothy E. Barrick. On April 2, 2000, at approximately 11:45 a.m., the Plaintiffs' were slowly leaving the Bethel Assembly of God Church located at 1412 Holly Pike, Carlisle, Pennsylvania 17013. They were using the rear entrance onto Marsh Drive, and without warning a vehicle operated by Defendant, David W. Fisher, moved rapidly in reverse and struck the fi'ont of the Plaintiffs' vehicle. The impact of the vehicle caused numerous injuries to the plaintiff, Gwendolyn A. Barrick, including injuries to her neck, scapula, and shoulder, and causing pain in her lower back, chest, left thumb, and right hip. The impact also caused her to have numbness in her right leg from her knee to her foot. o The injuries sustained by the Plaintiff was caused by the negligence and careless actions of the Defendant, David W. Fisher. ° The Defendant, David W. Fisher, was negligent and careless as follows: ao Co do He failed to maintain his vehicle under proper control in an effort to avoid a collision; He failed to properly look in all directions in order to determine if the area was clear to move in a backward direction; He failed to provide any warning of his intention to move his vehicle in reverse; He was operating his vehicle at an unsafe speed as he backed his vehicle; and He had entered Marsh Drive when traffic was too heavy to enter it safely causing him to attempt to travel in reverse. The negligent actions of the Defendant, David W. Fisher, were the proximate cause of the injuries to the Plaintiff, Gwendolyn A. Barrick. o At the time of the accident, David W. Fisher was acting on behalf of his wife, Faith C. Fisher, or as her agent. She is therefore liable for the negligent actions of her husband in causing injury to the Plaintiff, Gwendolyn A. Barrick. 10. The Plaintiff, Gwendolyn A. Barrick, seeks compensation for the pain and suffering, emotional distress, and loss of life's pleasures since the date of the accident as well as compensation for future losses she will incur in these areas. 11. The Plaintiff, Gwendolyn A. Barrick, seeks compensation for the medical expenses which she has incurred and may incur in the future to treat her injuries and lost income from her work which occurred as a result of the injuries she sustained in the accident. 12. The Plaintiff, Gwendolyn A. Barrick, seeks compensation for the serious and permanent injuries which she has sustained which has required surgery for an injury to her left thumb. 13. The Plaintiff, Timothy E. Barrick, seeks compensation for the loss of companionship and society as a consequence of the injuries sustained by his wife, Gwendolyn A. Barrick. WHEREFORE, the Plaintiffs, Timothy E. Barrick and Gwendolyn A. Barrick, request compensation and damages from the Defendants, David W. Fisher and Faith C. Fisher, in the amount in excess of Twenty-Five Thousand and no/100 ($25,000.00) Dollars with interest as permitted by law and the costs of this litigation. Date: June 28, 2002 By: Respectfully submitted, 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Attorney for plaintiffs VERIFICATION The foregoing Complaint is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. GWENDOLYN' A. BARRICK Date: aUNE 28, 2002 Brigid Q. Alford, Esquire Supreme Court I.D. #38590 Jeffi'ey E. Piccola, Esquire Supreme Court ID #18018 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 North Front SUeet Post Office Box 741 Han-ishurg, Pennsylvania I7108-0741 Attorneys for Defendants David W. Fisher and Faith C. Fisher GWENDOLYN A. BARRICK and TIMOTHY E. BARRICK, Plaintiffs V. DAVID W. FISHER and FAITH C. FISHER, his wife, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 02-1428 Civil Term : CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE TO PLEAI) TO: Gwendolyn A. Barrick and Timothy E. Barrick C/O Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. BOSWELL, TINTNER, PICCOLA & WlCKERSHAM Date: By: Brigid Q. '/Alford, l~squir~ mShome\bqa\litigat~statefim'~FISHER~Answer.wpd Draft #1 July 15, 2002 Brigid Q. Al furck Esquire Supreme Court I.D. #38590 Jeffi'ey E. Piccola, Esquire Supreme Court ID #18018 BO~Vv~I [ TINTNFR. PICCOI A & WICKERSHAM 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendants David W. Fisher and Faith C. Fisher GWENDOLYN A. BARRICK and TIMOTHY E. BARRICK, Plaintiffs V. DAVID W. FISHER and FAITH C. FISHER, his wife, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 02-1428 Civil Term : : CIVIL ACTION - LAW : JURY TRIAL DEMANDED DEFENDANTS' ANSWER TO COMPLAINT WITH NEW MATTER Defendants David W. Fisher and Faith C. Fisher, by their attorneys, Brigid Q. Alford, Esquire and Boswell, Tintner, Piccola & Wickersham, answers Plaintiffs' Complaint, as follows: 1. Admitted, upon information and belief. 2. Admitted. 3. Defendants are unable to respond to the averment set forth in Paragraph 3 inasmuch as there is no date or time period specified. To the extent Plaintiffs intended to refer to the event alleged in Paragraph 3 as having occurred on April 2, 2000, the averment is admitted. 4. Admitted that Plaintiffs were approaching the Marsh Drive exit from their church. Admitted that a vehicle operated by Defendant David Fisher came into contact with Plaintiffs' vehicle. Denied that the Fisher vehicle was moving "rapidly" at any time relevant hereto; to the contrary, it was traveling at most 5 to 10 miles per hour; further the incident occurred at approximately 12:45 p.m. 5. Defendants are without knowledge or information sufficient to form a belief as to the truth of the matters averred in Paragraph 5; proof thereof is demanded. 6. Paragraph 6 sets forth a conclusion of law to which no response is required. To the extent a response is deemed required, the averments are denied in their entirety. 7. Paragraph 7 sets forth a conclusion of law to which no response is required. To the extent a response is deemed required, Defendants: Deny that David W. Fisher failed to maintain his vehicle under proper control in an effort to avoid a collision; Deny that David W. Fisher failed to look properly in all directions in order to determine if the area was clear to move in a backward direction; Deny that David W. Fisher failed to provide any warning of his intention to move his vehicle in reverse; to the contrary, his reverse tail lights were operational at the time; Deny that he was operating his vehicle at an unsafe speed as he backed his vehicle; and Deny that he entered March Drive when traffic was too heavy to enter it safely causing him to attempt to travel in reverse; to the contrary, he never entered Marsh Drive. -2- 8. Paragraph 8 sets forth a conclusion of law to which no response is required. Should a response be deemed required, the averments are denied in their entirety. 9. Paragraph 9 sets forth a conclusion of law to which no response is required. Should a response be deemed required, the averments are denied in their entirety. 10. Paragraph 10 sets forth a prayer for a prayer for relief to which no response is required. Defendants deny the implication in Paragraph 10 that either of them is in any way liable for the alleged damages. 11. Paragraph 11 sets forth a prayer for a prayer for relief to which no response is required. Defendants deny the implication in Paragraph 11 that either of them is in any way liable for the alleged damages. 12. Paragraph 12 sets forth a prayer for a prayer for relief to which no response is required. Defendants deny the implication in Paragraph 12 that either of them is in any way liable for the alleged damages. 13. Paragraph 13 sets forth a prayer for a prayer for relief to which no response is required. Defendants deny the implication in Paragraph 13 that either of them is in any way liable for the alleged damages. WHEREFORE, Defendants respectfully request that the Complaint be dismissed or, alternatively, that judgment be entered in their favor and against the Plaintiffs. NEW MATTER 14. Defendants incorporate herein by reference their answers to Paragraphs 1 - 13, above. 15. Plaintiffs have failed to state a claim against Defendant David W. Fisher upon which -3- relief can be granted. 16. Defendant David W. Fisher was not acting on behalf of his wife or as her agent at any time relevant hereto. 17. Plaintiffs have failed to state a claim against Defendant Faith C. Fisher upon which relief can be granted. 18. Plaintiffs' injuries and/or damages, if any, were caused by the actions and/or omissions of persons other than Defendants. 19. At all times relevant hereto, Plaintiff Timothy E. Barrick was negligent in the operation of his motor vehicle, in that he: ao Failed to keep a lookout for a vehicle clearly and conspicuously in front of him that had commenced travel in a reverse direction; bo Failed to maintain an assured clear distance ahead of him as required by the laws of the Commonwealth of Pennsylvania; and C° Operated his vehicle in a such a manner and at such a speed so as to be unable to avoid contact with a vehicle clearly and conspicuously in front of him that had commenced travel in a reverse direction; and do Operated his vehicle in careless disregard for the safety of persons or property; and eo Failed to have his vehicle under proper control so as to prevent the same from colliding with other vehicles; and -4- Failed to keep aware and maintain a proper lookout for the presence of other vehicles lawfully on the road; and Failed to operate his vehicle with due regard for the highway, parking lot and traffic conditions that were existing, of which he was or should have been aware. 20. The doctrine of contributory negligence and Pennsylvania's comparative negligence statute bars all or part of Plaintiffs' claim. 21. Plaintiffs' tort selection pursuant to Pennsylvania' motor vehicle Financial Responsibility Act may operate to bar their claim. WHEREFORE, Defendants respectfully request that the Complaint be dismissed or, alternatively, that judgment be entered in their favor and against the Plaintiffs. New Matter in Nature of Additional Defendant Joinder Pursuant to Pa.R.C.P. No. 2252(d) 22. Defendants incorporate herein by reference their answers and averments as set forth in Paragraphs 1-21, above, including but not limited to their averments relative to Plaintiff Timothy E. Barrick's operation of his vehicle at all times relevant hereto. 23. Defendants join Plaintiff Timothy E.Barrick as an Additional Defendant herein pursuant to Pa.R.C.P. 2252(d) solely to protect their right of contribution and/or indemnity. 23. Solely for purposes of raising the within New Matter, Defendants incorporate herein by reference Plaintiffs' allegations of injury and damage as set forth in their Complaint. -5- 24. Plaintiffs sustained the injury and damage set forth in their Complaint as a result of Plaintiff Timothy E.Barrick's negligent operation of his vehicle at all times relevant hereto. 25. As a further result of the aforesaid negligence of Plaintiff Timothy E. Barfick, Defendants aver that he, Timothy E. Barrick: a. Is alone liable to the Plaintiffs; or b. Is liable over to Defendants; or c. Is jointly and severally liable to Plaintiffs. WHEREFORE, Defendants respectfully request that the Court enter judgment in their favor on the New Matter pursuant to Pa.R.C.P. No. 2252(d) as set forth in Paragraph 25, above. Respectfully submitted, Date: By: Brigid Q.0Alfo~l, F_~quire Supreme Court I.D. #38590 Jeffrey E. Piccola, Esquire Supreme Court I.D. #18018 BOSWEI J,, TINTNER, PICCOLA & WlCKERSHAM 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendants David W. Fisher and Faith C. Fisher VERIFICATION I, David W. Fisher, hereby verify that the facts contained in the foregoing Defendants' Answer to Complaint with New Matter are true and correct to the best ofmyknowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Defendant Fishers' Answer to Complaint with New Matter by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Marcus A. McKnight, 111, Esquire Irwin, McKnight & Hughes 60 West Pomfi:et Street Carlisle, PA 17013 Date: rigid Q. ~lford, ]~sq~re © L~] LL.I GWENDOLYN A. BARRICK and : IN THE COURT OF COMMON PLEAS OF TIMOTHY E. BARRICK, PLAINTIFFS DAVID W. FISHER and FAITH C. FISHER, his wife, DEFENDANTS : CUMERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 02-1428 CIVIL TERM .. .. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a tree and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Brigid Q. Alford, Esq. Boswell, Tintner, Piccola & Wickersham 315 North Front Street P. O. Box 741 Harrisburg, PA 17108-0741 By: IRWIN, McKNIGHT & ~ES _l?arc~ n. McKnight, III, E~l~ire 60 W~st Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: June 28, 2002 Bfigid Q. Alford, Esquire Supreme Court I.D. #38590 Jeffrey E. Piccola, Esquire Supreme Court ID #18018 BOSWELL, TINTNER, PICCODA & WICKERSHAM 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendants David W. Fisher and Faith C. Fisher GWENDOLYN A. BARRICK and TIMOTHY E. BARRICK, Plaintiffs V. DAVID W. FISHER and FAITH C. FISHER, his wife, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 02-1428 Civil Term : : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) a notice of intent to serve the subpoenas with copies of the subpoenas attached thereto was mailed or delivered to counsel of record at least twenty days prior to thc date on which the subpoenas are sought to be served, (2) certificate, (3) a copy of the notice of intent, including the proposed subpoenas, are attached to this no objection to the subpoenas has been received, and (4) the subpoenas which will be served are identical to the subpoenas which are attached to the notice of intent to serve the subpoenas. Date: Respectfully submitted, By: 'gi ~. , l~sqpl}re Supreme Court #3859~ Jeffrey E. Piccola, Esquire Supreme Court #18018 Boswell, Tinmer, Piccola & Wickersham 315 North Front Street Harrisburg, PA 17101 (717) 236-9377 Attorneys for Defendants David W. Fisher and Faith C. Fisher m:khome\bqa\litigat\statefinCFISHERkrecords deposition.wpd Draft #l July 29, 2002 Bdgid Q. Alford, E~quire Supreme Court I,D, #38590 BosWELL, TINTNER, PICCOLA & WICKERSHAM 315 North Front Sa'eet Post Office Box 74t Harrisburg, pennsylmia 17108-0741 Attomey~ for Defendam~ David W. Fisher and Faith C. Fisher GWENDOLYN A. BARRICK and TIMOTHY E. BARRICK, Plaintiffs DAVID W. FISHER and FAITH C. FISHER, his wife, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 02-1428 Civil Term : CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TQ PRODUCE DOCUMENTS AND TH INGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants David W. Fisher and Faith C. Fisher intend to serve a subpoena identical to the one that is attached to this notice upon the following: 2. 3. 4. 5. Joseph Pion, M.D. Donald Roeder, M.D. Peter Giesswein, M.D. Richard H. Hallock M.D. Magnetic Imaging Center You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. Respectfully submitted, By: rigid Q.{jMford, Es~ire Supreme Court #38590 Boswell, Tintner, Piccola & Wickersham 315 North Front Street Harrisburg, PA 17101 (717) 236-9377 Attorneys for Defendants David W. Fisher and Faith C. Fisher Date: - ' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GWENDOLYN A. BARRICK and : TIMOTHY E. BARRICK, : Plaintiffs Ve DAVID W. FIS~R'R and ; FAITH C. FISHER, Defendants : SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 File No. 02-1428 civil Term TO: J__~h Pion, M.D. (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, -treatment records, correspondence, referrals, e January 1, 1990 to present. Gwendolyn A. Barrick's social Security 9 is 187-52-6771 and her date of b' t 's Nove e 1 58. at_ 315 N. Front Street, Harrisburg, PA 17108-0741 (AddresS) YOU may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) daYS after its service; the party serving this subpoena may seek a court order compelling you to comply with it.. THIS SUBPOENAWASISSUED ATTHE REQUEST OFTHE FOLLOWING PERSON: Name Brigid Q- Alford, Esquire Boswell, Tintner, Piccolo & Wickers~m Address: 315 N. Front St., P.O. Box 741 Harrisburg, PA 17108-0741 · Telephone:_ (717) 236-9377 Supreme Court ID # 38590 A[t0rney For: Defendants David W. Faith C. Fisher Fisher and Oate: Seal of the ~ourt BY THE COURT: -~Prothonomry/Clerk, Civ~s~ {Eft. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GWENDOLYlq A. BARRICK and : TIMOTHY E. BARRICK, : Plaintiffs DAVID W. FISMRR and : FAITH C. FIS~R-R, Defendants : SUBPOENATO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009,22 File No. 02-1428 civil Term TO: Donald Roeder, M.D. (Name of Person or Enti~) .'." Within twenty (20) days after se~ice of this subpoena, you are ordered by ihe court to produce the ~llowing documents or things: . · Any and all medical records, treatment records, correspondence, referrals, . m January 1, 1990 to present. Gwendolyn A. Barrick's Social Security $ is 187-52-6771 and her date of bi th's Nove be 1 8. at_ 315 N. Front Street, Harrisburg, PA 17108-0741 (AddresS) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. .. THIS SUBPOENAWASISSUED ATTHE REQUEST OFTHE FOLLOWING PERSON: Name Bri~id Q- Alford, Esquire Boswell, Tintner, Piccolo & Wicker~nmm Address: 315 N. Front St., P.O. Box 741 Rarrisburg, PA 17108-0741 · Telephone: (717) 236-9377 Supreme Court ID # 38590 A~0rney For: Defend-eats David W. Fisher and Faith C. Fisher Date: BYT/~COURT: -'.' ~ ~eal of the Court (Eft. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GWENDOLYN A. BARRICK and : : TIMOTHY E. BAI~LICK, Plaintiffs : V. DAVID W. FIS~R'R and : : FAITH C. FISwR'R, Defendants SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 File No. ~)2-1428 civil Term Peter Giesswein M.D. Cos ' TO: __--------- (Name of Pe~on or Enti~) Within twenty (20) days after se~ice of this subpoena, you are ordered by the court to produce the following documents or things: · . Any and all medical records,.treatment records, correspondence, referrals, e january 1, 1990 to present- " Gwendolyn A. Barrick's Social Security % is 187-52-6771 and her date of i t 's Nov ber 1 · at_ 315 N. Front Street, Harrisburg, PA 17108-0741 (AddresS) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service;. the party serving this subpoena may seek a court order compelling you to comply with it. . . THIS SUBPOENAWASISSUEDATTHE REQUEST OF THE FOLLOWING PERSON: Name Bri~id Q- Alford, Esquire - Boswell, Tintner, Piccola & Wickersh~m Address: 315 N. Front St., P.O. Box 741 Harrisburg, PA 17108-0741 · Telephone:_(717) 236-9377 Supreme Court ID # 38590 Attorney For: Defendants David W. Faith C. Fisher Fisher and Date: - ~Seal of the ~ourt BY TH~ COURT: ,.. ~ Prothonotary/Clerk, Civil~ (Eft. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GWENDOLYN A. BARRZCK and TIMOTHY E. BARRICK, Plaintiffs Ve DAVID W. FISHER and FAITH C. FIS~R'R, Defendants SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Richard H. H~llock, M.D. /Ortho edic Institute of PA .. (Name of Person or Entity) '" File No. 02-1428 civil Term Within twenty (20) days after se~ice of this subpoena, you are ordered by t~ court to produce the following · documents or things: ' ' - - ds correspondence, referrals, Any and all medical records,.treatment recor , e ~ January 1, 1990 to present. Gwendolyn A~ B-~rr-~c~;~ S--~ccial Security ~ is 187-52-6771 and her date of b' t 's Nove e · at_ 315 N. Front Street, Harrisburg, PA 17108-0741 (Address) YOU may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. .. THIS SUBP~ENAWASISSUEDATTHE REQUEST OFTHE FOLLOWING PERSON: Name Brigid Q- Alford, Esquire Boswell, Tintner, Piccola & Wicker~m Address: 315 N. Front St., P.O. Box 741 Harrisburg, PA 17108-0741 Telephone:_(717) 236-9377 Supreme Court ID # 38590 Attorney For: Defenaants David W. --Faith C. Fisher Fisher end Date: ~J~ 'Seal of the ~ourt - Prothonotary/Clerk, Civ(~sion (Eft. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GWENDOLYN A. BARRICK and : TIMOT~ E. BARRICK, Plaintiffs File No. 02-1428 civil Term DAVID W. FISR~'R and : FAITH C. FIS~R'R, Defendants SUBPOENATO pRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Ma netic Ima in Center (Name of Person er Enti~) ' Within twenty (20) days after so.ice of this subpoena, you are ordered by t~ court to produce the following documents or things: ' ' · - rds correspondence, referrals, Any and all medical records,.Hreatment reco , - e January 1, 1990 to present. Gwendolyn A. Barrick's Social Security 9 is 187-52-6771 and her date of bi t' Nove e - at. 315 N. Front Street, Harrisburg, PA 17108-0741 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advsnce 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 SUBP~ENAWASISSUED ATTHE REQUEST OFTHE FOLLOWING PERSON: Name Briqid Q- Alford, ~s__~r~ Boswe am Address: 315 N. Front St., P.O. Box 741 Harrisburg, PA 17108-0741 Telephone:~717) 236-9377 Supreme CourtlD # 38590 A~orney For: Defend~Hs David W. Fisher and ~Faith C- Fisher Date: .,2-&" -Q ~Y~ 3,. 'Seal of the-~'"Surt (Eft. 7/97) CERTIFICATE OF SERVICE I do hereby certify that I have served a tree and correct copy of.the foregoing Defendants' Notice of Intent to Serve Subpoena to Produce Documents and Things for Discovery Pursuant to Kule 4009.21 by first-class United States mail upon the following parties at the addresses set forth below: Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfi'et Street Carlisle, PA 17013 By: ~rd, E/~tuire Daie: 'i[.z~ foT- CERTIFICATE OF SERVICE I do hereby certify that I have served a tree and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena on the following by first-class mail, postage prepaid and addressed as follows: Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 By: B/'igid ~. Alford, Esqu~e -- Date: Bfigid Q. Al ford, Esquire Supreme Court I.D. #38590 Jeffrey E. Piccola, Esquire Supreme Court ID #18018 BOSWELL, TINTNER, PICCOLA & WICKERSFIAM 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Atromeys for Defendants David W. Fisher and Faith C. Fisher GWENDOLYN A. BARRICK and TIMOTHY E. BARRICK, Plaintiffs DAVID W. FISHER and FAITH C. FISHER, his wife, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 02-1428 Civil Term : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to counsel of record at least twenty days prior to the date on which thc subpoena is sought to be served, (2) certificate, (3) a copy of the notice of intent, including the proposed subpoena, is attached to this no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: Respectfully submitted, By: Brigid (~. Alford, Esq~e Supreme Court #3859B' Jeffrey E. Piccola, Esquire Supreme Court #18018 Boswell, Tinmer, Piccola & Wickersham 315 North Front Street Harrisburg, PA 17101 (717) 236-9377 Attorneys for Defendants David W. Fisher and Faith C. Fisher m:~home\bqa\litigafistatefinCFISHER~records deposition.wpd Draft #1 July 22, 2002 Brigid Q. Al ford, Esquire Supreme Court I.D. #38590 Set"f~y E. ?iccola, Esquire Supreme Court 1~ #18018 BosWELL, T~'I'NER~ PICCOLA & WXCKERSH. AM 315 North Front SUeet Post Office Box 741 Han'isburg, Pennsylvania 171084741 Attorneys for De feadanta David W. Fisher and Faith C. Fisher GWENDOLYN A. BARRICK and TIMOTHY E. BARRICK, Plaintiffs DAVID W. FISHER and FAITH C. FISHER, his wife, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 02-1428 Civil Term : CML ACTION - LAW : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants David W. Fisher and Faith C. Fisher intend to serve a subpoena identical to the one that is attached to this notice upon Doctors Terry and Carol Robison of Masland Associates. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served, Respectfully submitted, By: grigid/~. Alford, F_~quire Supreme Court #3t~/590 Boswell, Tintner, Piccola & Wickersham 315 North Front Street Harrisburg, PA 17101 (717) 236-9377 Attorneys for Defendants David W. Fisher and Faith C. Fisher Date: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GWENDOLYNA. BARRICK and TIMOTHY E. BARRICK, Plaintiffs V. DAVID W. FIS"":R and FAITH C. FISRRR, TO: Terry Defendants SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 Robison, D.O. and Carol Robison, D.O. of Masland Associates File No. 02-1428 Civil Term (Name of Person or Enti~) Within twenty (20) days after se~ice of this subpoena, you are ordered by the court to produce the folloWing documents or things: . . Any and all medical records,.trea~--m~nt records, correspondence, referrals, etc. for Gwendolyn A. Barrlc~ o~ 61 F~cKes Roa~, ~ewvi££e, uA from January 1, 1990 to present. 315 N. Front Street, _Rarrisburg, PA 17108-0741 at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENAWASISSUED ATTHE REQUEST OFTHE FOLLOWING PERSON: Name Briqid Q. Alford, Esquire Boswell, Tintner, Piccola & Wickersham Address: 315 N. Front St., P.O.. Box 741 Harrisburg, PA 17108-0741 Telephone: (717) 236-9377 Supreme Court ID # 38590 Attorney For: Defendants David W. Faith C. Fisher Fisher and BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy (Eft. 7/97) CERTIFICATE OF SERVICE I do hereby certify that I have served a tree and correct copy of the foregoing Defendants' Notice of Intent to Serve Subpoena to Produce Documents and Things. for Discovery Pursuant to Rule 4009.21 by first-class United States mail upon the following parties at the addresses set forth below: Marcus A. McKnight, 1/I, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Date: By: Brigi~ - ' ~d . Alford, Es-~e CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena on the following by first-class mail, postage prepaid and addressed as follows: Marcus A. McKnight, m, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Date: By: Bri~id Q~. Alford, Esquire GWENDOLYN A. BARRICK and TIMOTHY E. BARRICK, her husband, Plaintiffs DAVID W. FISHER and FAITH C. FISHER, his wife, Defendants : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVIA NO. 02-1428 CIVIL TERM : : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE To Curtis R. Long, Prothonotary: Please mark the above-captioned case settled and discontinued and issue a Settlement A. McKnight, IH, Esquire, at 60 West Pomfi'et Street, Carlisle, Certificate to Marcus Pennsylvania 17013. Respectfully submitted, IRWIN, Mc~GHT.&/I~GHES C~lisle, Pe~s v~ia 17013 (717) 249-2353 Date: November 12, 2002 GWENDOLYN A. BARRICK and TIMOTHY E. BARRICK, her husband, Plaintiffs DAVID W. FISHER and FAITH C. FISHER, his wife, Defendants : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVIA : NO. 02-1428 CIVIL TERM : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe to Settle and Discontinue was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Brigid Q. Alford, Esq. Boswell, Tintner, Piccola & Wickersham 315 North Front Street P. O. Box 741 Harrisburg, PA 17108-0741 By: IRWlN, Men. IT & HUGHES · M_a~rcus 3~. McKnig)tf~, Esquire 60 West Pomfret S~eet~-- Carlisle, PA 17013'''~ (717) 249-2353 Supreme Court I.D. No. 25476 Date: November 12, 2002