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HomeMy WebLinkAbout06-3589JUN-23-2008 FR' 09:18 AN PETERS AND WASILEFSKI FAX NO, 7172387750 E 03 PETERSS WAS1LLPSK1 By: Adam L. Seiferth, Esquire Attorney ID #89073 2931 North Front Street Harrisburg, PA 17110 [7171238.7555 Attorney for Plaintiffs TINA M. SHEAFFER and WILLIAM H SHEAFFER, her husband, Plaintiffs V. ADAM A. LAKE and LAURIE L. LAKE, Defendants IN THE COURTOF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: d?. - ( !utC CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 defense or objections to the claims set forth against you. You are warned that it' you fail to do so, the case may proceed without you and 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(s). You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONL TI-IL OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 717-240-6200 PETERS & WASILEFSKI By: Adam L. Seiferth, Esquire Attorney ID #89073 2931 North Front Street Harrisburg, PA 17110 [7171238-7555 Attorney for Plaintiffs TINA M. SHEAFFER and WILLIAM H. SHEAFFER, her husband, Plaintiffs V. ADAM A. LAKE and LAURIE L. LAKE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 01. - 39007 CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT NOW COME the Plaintiffs, Tina M. Sheaffer and William H. Sheaffer, by and through their attorneys, Peters & Wasilefski, and file this Complaint against Defendants and, in support thereof, state as follows: Plaintiff, Tina Sheaffer ("Mrs. Sheaffer"), is an adult individual and citizen of the Commonwealth of Pennsylvania, who currently resides at 240 Mill Street, Mt. Holly Springs, Cumberland County, Pennsylvania with her husband, Plaintiff, William Sheaffer. 2. Plaintiff, William H. Sheaffer ("Mr. Sheaffer"), is an adult individual and citizen of the Commonwealth of Pennsylvania, who currently resides at 240 Mill Street, Mt. Holly Springs, Cumberland County, Pennsylvania with his wife, Plaintiff, Mrs. Sheaffer. 3. Defendant, Adam A. Lake ("Mr. Lake"), is an adult individual and citizen of the Commonwealth of Pennsylvania, who currently resides at 454 Bernheisel Bridge Road, Carlisle, Cumberland County, Pennsylvania 17013. 4. Defendant, Laurie L. Lake, ("Ms. Lake") is an adult individual and citizen of the Commonwealth of Pennsylvania, who currently resides at 454 Bernheisel Bridge Road, Carlisle, Cumberland County, Pennsylvania 17013. 5. At all times relevant hereto, Plaintiff, Mrs. Sheaffer, was a belted driver operating a 1988 Chevy Nova ("Nova") owned by her husband, Plaintiff, Mr. Sheaffer. 6. At all times relevant hereto, Defendant, Mr. Lake, was operating a 1999 Volkswagen Jetta ("Jetta"), owned by his mother, Defendant, Ms. Lake. 7. At all times relevant hereto, Defendant, Mr. Lake, operated, controlled, and maintained the Jetta with the permission and consent of Defendant, Ms. Lake, and for the benefit of Defendant, Ms. Lake. 8. On July 19, 2004, at approximately 7:30 p.m., Plaintiff, Mrs. Sheaffer, had lawfully brought the Nova to a complete stop and had engaged her left hand turn signal in the southbound lane of North Baltimore Avenue in Mt. Holly Springs, Cumberland County, Pennsylvania. 9. As Plaintiff, Mrs. Sheaffer, was waiting to make a left hand turn, a 2002 Dodge Dakota Pick-up truck ("Dakota") driven by Steven B. Bryner had pulled up and safely stopped behind Plaintiff, Mrs. Sheaffer. 10. While both Plaintiff, Mrs. Sheaffer, and Mr. Bryner were stopped in the southbound lane of North Baltimore Avenue, Defendant, Mr. Lake, collided into the rear end of the Dakota with such force as to cause the Dakota to strike the rear passenger side of the Nova driven by Plaintiff, Mrs. Sheaffer, so as to catapult the Nova approximately thirty (30) feet. 2 11. As a result of the careless and negligent manner in which Defendant, Mr. Lake, operated the Jetta as set forth at length below, Plaintiff, Mrs. Sheaffer, suffered significant injuries, including, but not limited to, a neck and shoulder suppression strain, a chronic low back strain, and mental anxiety, which has resulted in permanent and irreparable physical conditions and disability. 12. The careless and negligent manner in which Defendant, Mr. Lake, operated the Jetta caused Plaintiff, Mrs. Sheaffer, to incur a loss of income and a loss of earning capacity, and a claim is made therefor. 13. The careless and negligent manner in which Defendant, Mr. Lake, operated the Jetta caused Plaintiff, Mrs. Sheaffer, to incur out of pocket expenses, and a claim is made therefore. 14. The careless and negligent manner in which Defendant, Mr. Lake, operated the Jetta caused Plaintiff, Mrs. Sheaffer, to incur substantial medical expenses in the past, and will continue to incur medical expenses in the present and into the future, and a claim is made therefor. 15. The careless and negligent manner in which Defendant, Mr. Lake, operated the Jetta caused Plaintiff, Mrs. Sheaffer, to suffer in the past, present, and into the future, significant mental and physical pain, inconvenience, an inability to carry out her normal daily activities, embarrassment and humiliation, and loss of life's pleasures and enjoyment, and a claim is made therefor. 3 COUNT I - NEGLIGENCE TINA M. SHAFFER v. ADAM A. LAKE 16. Plaintiff, Mrs. Sheaffer, incorporates the allegations contained in paragraphs 1 through 15 above as if fully rewritten herein. 17. Plaintiff, Mrs. Sheaffer, believes and therefore avers that her injuries and damages were the direct and proximate result of negligence, carelessness, gross negligence, and wanton conduct of Defendant, Adam Lake, as follows: (a) In failing to pay proper attention in the operation of the Jetta; (b) In failing to keep proper and adequate control over the Jetta; (c) In operating the vehicle at an excessive rate of speed under the facts and circumstances of this case; (d) In failing to observe the stopped vehicles in front of him; (e) In failing to stop the Jetta before colliding with the vehicles in front of him; (f) In colliding with the Dakota, thereby causing the Dakota to strike the Nova driven by Plaintiff, Mrs. Sheaffer; (g) In causing a collision with Plaintiff, Mrs. Sheaffer; (h) In failing to keep adequate control of the vehicle so as to be able to stop the vehicle within the assured clear distance ahead; (i) In driving under the influence of drugs in violation of 75 Pa. C.S.A. § 3731(a)(1); 4 (j) In driving the vehicle in a careless manner in violation of 75 Pa. C.S.A. § 3714; and (k) In otherwise driving the vehicle in a reckless manner and with careless disregard for the safety of Plaintiff, Mrs. Sheaffer, under the facts and circumstances of the present case. WHEREFORE, Plaintiff, Tina M. Sheaffer, demands judgment in her favor and against Defendant, Adam A. Lake, in an amount in excess of $35,000.00, exclusive of interests and cost, and in excess of the jurisdictional amount requiring compulsory arbitration COUNT II - VICARIOUS LIABILITY TINA M. SHEAFFER v. LAURIE L. LAKE 18. Paragraphs 1 through 17 as set forth above are incorporated by reference herein as though if fully set forth at length. 19. At all times relevant hereto Defendant, Ms. Lake, gave her permission and consent to Defendant, Mr. Lake, to drive the Jetta. 20. Defendant, Mr. Lake, was acting on behalf of and for the benefit of Defendant, Ms. Lake, while driving the Jetta. 21. Defendant, Ms. Lake, is vicariously liable for the acts of Defendant, Mr. Lake. WHEREFORE, Plaintiffs, Tina M. Sheaffer and William H. Sheaffer, demand judgment in their favor and against Defendant, Laurie L. Lake, in an amount in excess of $35,000.00, exclusive of interests and cost, and in excess of the jurisdictional amount requiring compulsory arbitration 5 COUNT III - LOSS OF CONSORTIUM WILLIAM H. SHEAFFER v. ALL DEFENDANTS 22. Plaintiff, Mr. Sheaffer, incorporates paragraphs 1 through 21 above by reference thereto as though set forth herein at length. 23. Plaintiff, Mr. Sheaffer, married his wife, Plaintiff, Mrs. Sheaffer, on February 14, 1981. 24. Plaintiff, Mr. Sheaffer, has suffered and will continue to suffer the loss of services, society, companionship and consortium of his wife, Plaintiff, Mrs. Sheaffer, as a result of the carelessness and negligence of Defendants towards Plaintiff, Mrs. Sheaffer, and a claim is made therefor. WHEREFORE, Plaintiff, William H. Sheaffer, demands judgment in his favor and against Defendants in an amount in excess of $35,000.00, exclusive of interests and cost and in excess of the jurisdictional amount requiring compulsory arbitration. Peters & Wasilefski By:` Adam L. Seifert h, E qu' •e Attorney ID #89073 2931 North Front Street Harrisburg, Pennsylvania 17110 717-238-7555 Date: 0(0 - al - ZOCCO Attorneys for Plaintiffs, Tina and William Sheaffer 6 VERIFICATION I hereby affirm that the following facts are correct: I am the Plaintiff and am authorized to make this Verification; the attached Complaint is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in the preparation of the lawsuit. The language of the Complaint is that of counsel and not of me. I have read the Complaint and to the extent that the same is based upon information that I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date:&-21-p' crxe Tina M. Sheaffer VERIFICATION I hereby affirm that the following facts are correct: I am the Plaintiff and am authorized to make this Verification; the attached Complaint is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in the preparation of the lawsuit. The language of the Complaint is that of counsel and not of me. I have read the Complaint and to the extent that the same is based upon information that I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 0-91 'AADCQ WAL. , t SEE William H. Sheaffer i1v ? ? ? ?? ? {rv? hl { ?` n ^L` ? v w ? ? -- --?- l? T s_? I -? o 0 I i F: \FILES\DATAFILE\Travelers3090\C urrent\850\pra l \mas Created: 9/20/04 0:06PM Revised: 7/7/06 8:40AM 3090.850 George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants TINA M. SHEAFFER and WILLIAM H. SHEAFFER, her husband, Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ADAM A. LAKE and LAURIE L. LAKE, Defendants. NO. 06-3589 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendants in the above matter. Defendants hereby demand a twelve juror jury trial in the above captioned action. & OTTO Dated: July 10, 2006 By I.D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants A CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Adam L. Seiferth, Esquire PETERS & WASILEFSKI 2931 North Front Street Harrisburg, PA 17110 MARTSON DEARDORFF WILLIAMS & OTTO By C Lr?CW Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 10, 2006 ._ _.__ _--1 ` ._ _..? (^ :- F:\ ES\ ATAF11.E\Tr.v Lrs3090\Cu MN850\=I\ Created'. 920/04 0:06PM Revised: 8/4/06 4:WPM 3090.850 George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants TINA M. SHEAFFER and WILLIAM H. SHEAFFER, her husband, Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ADAM A. LAKE and LAURIE L. LAKE, Defendants. NO. 06-3589 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT TO: TINA M. SHEAFFER and WILLIAM H. SHEAFFER, Plaintiffs, and their attorney, ADAM L. SEIFERTH, ESQUIRE 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. AND NOW come Defendants, Adam A. Lake and Laurie L. Lake, by and through their attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby respond to Plaintiffs' Complaint as follows: L-2. After reasonable investigation, the Answering Defendants are without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph. 3.4. Admitted. Denied pursuant to Pa. R.C.P. 1029(e). 6. Admitted. 7. It is admitted that Defendant Adam Lake operated, controlled and maintained the Jettawith permission and consent ofhis mother, Defendant Laurie Lake. It is denied that any operation ofthe vehicle was for the "benefit" of Defendant, Laurie Lake. 8.45. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendants, Adam Lake and Laurie Lake, demand judgment in their favor and dismissal of Plaintiffs' Complaint with prejudice. COUNT I-NEGLIGENCE TINA M. SHEAFFER v. ADAM A. LAKE 16. The averments of paragraphs 1 through 15 of this Answer are hereby incorporated by reference. 17. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant, Adam Lake, demands judgment in his favor and dismissal ofPlaintiffs' Complaint with prejudice. COUNT II - VICARIOUS LIABILITY TINA M. SHEAFFER v. LAURIE L. LAKE 18. The averments ofparagraphs 1 through 17 of this Answer are hereby incorporated by reference. 19. Admitted. 20. Denied. To the contrary, Mr. Lake was acting on his own behalf and not for the benefit of his mother, Laurie Lake. 21. Denied. To the contrary, see the averments of paragraph 20 of this Answer. WHEREFORE, Defendant, Laurie Lake, demands judgment m her favor and dismissal ofPlamtiffs' Complaint with prejudice. COUNT III - LOSS OF CONSORTIUM WILLIAM H. SHEAFFER v. ALL DEFENDANTS 22. The averments ofparagraphs 1 through 21 of this Answer are hereby incorporated by reference. 21-24. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendants, Adam A. Lake and Laurie L. Lake, demand judgment in their favor and dismissal of Plaintiffs' Complaint with prejudice. NEW MATTER 25. The averments of paragraphs 1 through 24 of this Answer are hereby incorporated by reference. 26. The Plaintiffs' claims are barred by the applicable Statute of Limitations. 27. The Plaintiffs'recovery is barred or reduced bythe Pennsylvania Motor Vehicle Financial Responsibility Law as amended. 28. Plaintiffs' injuries do not involve death, serious impairment of bodily function orpermanent disfigurement. WHEREFORE, Defendants, Adam A. Lake and Laurie L. Lake, demand judgment in their favor and dismissal of Plaintiffs' Complaint with prejudice. WILLIAMS & OTTO George B. Fallldr., I.D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants Dated: August 7, 2006 VERIFICATION The foregoing Answer is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language ofthe document is that of counsel and not my own. Ihaveread the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best ofmy knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, which provides that ifI make knowingly false averments, I may be subject to criminal penalties. Adam A. Lake yaw? c??,74a4 Laurie L. Lake P:MLES\DATA ILE\Ttavelvs309p\C t%SOtawI CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that acopy ofthe foregoing Defendants' Answer with New Matter to Plaintiffs' Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Adam L. Seiferth, Esquire PETERS & WASILEFSKI 2931 North Front Street Harrisburg, PA 17110 MARTSON DEARDORFF WII.LIAMS & OTTO By q%A?9,? 0 ?& Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 7, 2006 a PETERS & WASILEFSKI By: Adam L. Seiferth, Esquire Attorney ID #89073 2931 North Front Street Harrisburg, PA 17110 [717] 238-7555 Attorney for Plaintiffs TINA M. SHEAFFER and WILLIAM H. SHEAFFER, her husband, Plaintiffs : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,' PENNSYLVANIA DOCKET NO: 06-3589 V. CIVIL ACTION - LAW ADAM A. LAKE and LAURIE L. LAKE, Defendants JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER NOW COME the Plaintiffs, Tina M. Sheaffer and William H. Shea ffer, by and through their attorneys, Peters & Wasilefski, and file this Reply to New Matter and, in support thereof, state as follows: 25. Plaintiffs incorporate the allegations contained in paragraphs 1 through 24 of the Complaint as if fully rewritten herein in response to paragraph 25 of Defendants' New Matter. 26. Plaintiffs deny the allegations contained in paragraph 26 of Defe dants' New Matter. Plaintiffs are advised and therefore aver that the allegations contained in aragraph 25 are conclusions of law and require no further answer. To the extent that an an er may be necessary, it is specifically denied that Plaintiffs' claims are barred by the Statute of Limitations. To the contrary, Plaintiffs initiated this action within the applicable Statute of Limi illl of Defendants' New 27. Plaintiffs deny the allegations contained in paragraph 27 Matter. Plaintiffs are advised and therefore aver that the allegations contained in Paragraph 25 are conclusions of law and require no further answer. To the extent that an answer may be necessary, it is specifically denied that Plaintiffs' recovery is barred or reduced by the Pennsylvania Motor Vehicle Financial Responsibility Law, as amended. 28. Plaintiffs deny the allegations contained in paragraph 28 of defendants' New Matter pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Plaintiff, William H. Sheaffer, demands judgment in his favor and against Defendants in an amount in excess of $35,000.00, exclusive of interests and cost and in excess of the jurisdictional amount requiring compulsory arbitration. By: Date: 01- 09 -A? Peters & Wasilefski Adam L. Seiferth, Esq irk" Attorney ID #89073 2931 North Front Street Harrisburg, Pennsylvania 17110 717-238-7555 Attorneys for Plaintiffs, Tina and William Sheaffer 2 VERIFICATION I hereby affirm that the following facts are correct: I am the Plaintiff and am authorized to make this Verification. T e attached Reply to New Matter is based upon information which I have furnished to my ?ounsel and information which has been gathered by my counsel in the preparation of the lawsuit. The language of the Reply to New Matter is that of counsel and not of me. I have read the Reply to New Matter and to the extent that the same is based upon information that I have Oven to my counsel, it is true and correct to the best of my knowledge, information and belief. that the content of the Reply to New Matter is that of counsel, I have relied making this Verification. I hereby acknowledge that the facts set forth in the New Matter is made subject to the penalties of 18 Pa. C.S. Section 4904 relating falsification to authorities. the extent counsel in Reply to to unsworn Date: a j b U Tina M. Sheaffer VERIFICATION I hereby affirm that the following facts are correct: I am the Plaintiff and am authorized to make this Verification. The attached Reply to New Matter is based upon information which I have furnished to my ounsel and information which has been gathered by my counsel in the preparation of the lawsuit. The language of the Reply to New Matter is that of counsel and not of me. I have read he Reply to New Matter and to the extent that the same is based upon information that I have Oven to my counsel, it is true and correct to the best of my knowledge, information and belief. o the extent that the content of the Reply to New Matter is that of counsel, I have relied upo counsel in making this Verification. I hereby acknowledge that the facts set forth in the afores id Reply to New Matter is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: CLUS) a? A ?, 9 William H. Sheaffer TINA M. SHEAFFER and WILLIAM H. IN THE COURT OF COMMON PLEAS SHEAFFER, her husband, OF CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA V. DOCKET NO: 06-3589 CIVIL ACTION - LAW ADAM A. LAKE and LAURIE L. LAKE, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing, Plaintiffs' Reply To New Matter, on all counsel of record and parties of interest by placing the same lin the United States mail, first-class postage prepaid, at Harrisburg, Pennsylvania on this 8`h day o September, 2006, and addressed as follows: George B. Faller, Jr., Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 Peters & Wasilefski ?4, fn ? =? C :? ?? ,.. -?? ' i '_{ "i-^ t' .. __,_ s,ti -:1 SHERIFF'S RETURN - REGULAR R CASE NO: 2006-03589 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHEAFFER TINA M ET AL VS LAKE ADAM A ET AL R. Thomas Kline , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LAKE ADAM the DEFENDANT , at 1200:00 HOURS, on the 3rd day of July , 2006 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to ADAM LAKE 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: So Answers: Docketing 18.00 Service 4.40 Postage .39 Surcharge 10.00 R. Thomas Kline sheriff .00 32.79 07/03/2006 PETERS & WASILEFSKI Sworn and Subscibed to I before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-03589 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHEAFFER TINA M ET AL VS LAKE ADAM A ET AL JODY SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LAKE LAURIE the DEFENDANT at 0900:00 HOURS, on the 3rd day of July 2006 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to LAURIE LAKE 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: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00,/ 07/03/2006 -711616` PETERS & WASILEFSKI Sworn and Subscibed to By: ?? ? C7? rvl-?? before me this day Deput heriff of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY TINA SHEAFFER & WM LAKE Vs. NO. 063589 ADAM LAKE & LAURIE LAKE CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 GEORGE B FALLER JR, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 10/20/06 GEORGE B FALLER JR, ESQUIRE 10 E HIGH ST CARLISLE, PA 17013 717-243-3341 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) File #: M335188 By: Christine Noisy . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY TINA SHEAFFER & WM LAKE Vs. ADAM LAKE & LAURIE LAKE No. 063589 TO: ADAM SEIFERTH, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 09/29/06 GEORGE B FALLER JR, ESQUIRE 10 E HIGH ST CARLISLE, PA 17013 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3336 By: Christine Moisy Enc (s) : Copy of subpoena(s) Counsel return card File #: M335188 OF PENNSYLVANIA COUNTY OF (II ID TINA SHEAFFER & WM LAKE Vs. File No. ADAM LAKE & LAURIE LAKE 063589 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 ERIE INS CO, PO BOX 2013, MECHANICSBURG PA 17055 TO: ATTN: KIM BREACH (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 oS XiTACHM ADDENDUM at , . , FA--? - MEDICAL LEGAL REPRODUCTIONS ,(Addre'ssj940 DISS ST.,- You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together wit'-i the certificate of ccmpIiance, to the party making thi_ request at the address listed above. You have the right to seek in advance the rea.onable 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 thin subpoena may seek a court orde;- oarpe l l i ng you to carp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REGMST OF THE FOLLOWING PERSON: NAME: GEORGE B FALLER JR, ESQ ADDRESS: - , n E H =N RT CAKLTSLE, PA 7013 TELEPHONE: SUPREME COURT ID # ATTORNEY FOR: M335188-01 215-335-321 49813 DEFENDANT DATE : 5-4-- "5.000& Seal of the Court BY THE COURT: .164 - Prothonotary/ , Ci it Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA TINA SHEAFFER & WM LAKE Vs. No. 063589 ADAM LAKE & LAURIE LAKE CUSTODIAN OF RECORDS FOR: ERIE INS CO ENTIRE FIRST PARTY BENEFITS FILE OR FILES REGARDING TINA SHEAFFER, INCLUDING BUT NOT LIMITED TO THE ACCIDENT, 7/19/04. POLICY #QO50480133H7; CLAIM #010170760219 PERTAINING TO: NAME: TINA M SHEAFFER ADDRESS: 240 MILL ST MT HOLLY SPRINGS PA DATE OF BIRTH: 06/14/62 SSAN: XXXXX9986 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or ERIE INS CO CUMBERLAND M335188-01 * * * SIGN AND RETURN THIS PAGE CO44MWEALTH OF PEW4EMVANIA C01UNrY OF CUMBERLAND TINA SHEAFFER & WM LAKE 063589 Vs. File No. ADAM LAKE & LAURIE LAKE MEDICAL BILLING REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 BELVEDERE MED CTR, 850 WALNUT BOTTOM RD, CARLISLE PA 17013 TO: (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 oiSVgnq'TT_ ACELn ADDENDUM at Iwe, 4940 D11110K ST.. PBILA., PA MEDICAL LEG (Address) You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of compliance, to the party making thi-- request at the address listed above. You have the right to seek in advance the rea.onablE 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 thii subpoena may seek a court orde;- cxxnpelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GEORGE B FALLER JR, ESQ AIVRESS: 10 E HIGH ST ?LISI,F ? 'PA 17013 TELEPHONE: SUPREME OOURT ID # _ _ ATTORNEY FOR: M335188-02 49813 DEFENDANT DATE : a(,4-. 5. 00' & Seal of the Court BY THE OOURT• Pro tary/. k, vil Division Deputy (Eff. 7/97) . ADDENDUM TO SUBPOENA TINA SHEAFFER & WM LAKE Vs. ADAM LAKE & LAURIE LAKE No. 063589 CUSTODIAN OF RECORDS FOR: BELVEDERE MED CTR **SEE ATTACHED ADDENDUM** PERTAINING TO: NAME: TINA M SHEAFFER ADDRESS: 240 MILL ST MT HOLLY SPRINGS PA DATE OF BIRTH: 06/14/62 SSAN: XXXXX9986 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. I ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or BELVEDERE MED CTR CUMBERLAND M335188-02 * * * SIGN AND RETURN THIS PAGE * * * M. _T L R MEDICAL LEGAL REPRODUCTIONS, INC. Main Office Phone: (215) 335-3212 Jefferson Bldg., Suite 926 4940 Disston Street Fa:: (215) 33&2980 1015 Chestnut Street Philadelphia, Pa. 19135 E-mail Address: legaA@medleg.com Philadelphia, Pa 19107 ADDENDUM BELVEDERE NED CTR YOUR COMPLETE RECORDS OF ALL SERVICES PROVIDED TO TINA SHEAFFER AND THE BILLING FOR SAME, INCLUDING WITHOUT LIMITATION ALL OFFICE NOTES, CORRESPONDENCE, MEMORANDA, REPORTS, FORMS, RESULTS OF TESTS OR STUDIES (BUT NOT THE ACTUAL FILMS), CONSULTATIONS, REFERRALS AND THE LIKE. COI44'J049FALTH OF FEIaiSYLVANTA COUNTY OF CUMBERLAND TINA SHEAFFER & WM LAKE , Vs. 063589 File No. ADAM LAKE & LAURIE LAKE MEDICAL BILLING REQUESTED SUBPOENA TO PRODUCE DOaMNTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CARLISLE REG MED CTR, 246 PARKER ST, CARLISLE PA 17013 TO: ATTN: MEDICAL RECORDS DEPT (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 oSr inNTTACBED l<1F.NnTTM __ at _ MEDICAL LEGAL REPRODUCTIONS, --"--" (Address) You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of ccmpliance, to the party making thi: request at the address listed above. You have the right to seek in advance the rea,onablc- 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 thi, subpoena may seek a court orde;- ocmpelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GEORGE B FALLER JR, ESQ ADDRESS: 10 E HIGH ST IPA 17013 TELEPHONE: SUPREIrE COURT I D ATTORNEY FOR : 49813 DEFENDANT BY THE COURT : M335188-03 ?'? Prot tary/Cl- , Ci 1 Division DATE: Seal of the Court _ Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA TINA SHEAFFER & WM LAKE Vs. No. 063589 ADAM LAKE & LAURIE LAKE CUSTODIAN OF RECORDS FOR: CARLISLE REG MED CTR **SEE ATTACHED ADDENDUM** PERTAINING TO: NAME: TINA M SHEAFFER ADDRESS: 240 MILL ST MT HOLLY SPRINGS PA DATE OF BIRTH: 06/14/62 SSAN: XXXXX9986 MEDICAL BILLING REQUESTED ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. ( ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or CARLISLE REG MED CTR CUMBERLAND M335188-03 * * * SIGN AND RETURN THIS PAGE * * * MEDICAL LEGAL REPROD UCTIONS, INC. Main O/iice Phone: (215) 335-3212 Jefferson Bldg., Suite 926 4940 Disston Street Fax: (215) 338-2980 1015 Chestnut Street Philadelphia, Pa. 19135 E-mail Address: legagmedleg.com Philadelphia, Pa 19107 ADDENDUM CARLISLE MED CTR COMPLETE RECORDS OF ALL SERVICES PROVIDED TO TINA SHEAFFER, AND THE BILLING FOR SAME, INCLUDING WITHOUT LIMITATION, ALL ADMISSION AND DISCHARGE SUMMARIES, RESULTS OF TESTS OR STUDIES, OPERATIVE NOTES, CONSULTATIONS, REFERRALS, FORMS, REPORTS, AS WELL AS ALL CORRESPONDENCE AND MEMORANDA OR THE LIRE, BUT *EXCLUDING* ONLY ACTUAL FILMS AND ROUTINE NURSES NOTES. COI!44ONWFALTH OF PENNSYLVANIA COUNTY OF CUMBERIANID TO: TINA SHEAFFER & WM LAKE , Vs. Fi le No. ADAM LAKE & LAURIE LAKE ' 0635.89 MEDICAL BILLING REQUESTED SUBPOENA TO PRODUCE DOCUI`ENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 FRANCO PSYCHOLOGICAL ASSO, 26 STATE AVE, CARLISLE PA 17013 (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 ps i n LFF A-D END- 1 TM at _ MEDICAL LEGAL REP DISSTON ST., PKXT? =-, 2A--_ (Address) You may deliver or mail legible copies of the documents or produce things requested t? this subpoena, together with the certificate of compliance, to the party making thi-c 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 thi, subpoena may seek a court ordei- oampelling you to car ply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GEORGE B FALLER JR, ESQ ADDRESS: _ 10 E HIGH ST ,e- n,D?-,-x-17 013 TELEPHONE : 215 - 3 3-5 --32TZ-- SUPREME COURT ID # ATTORNEY FOR : 49813 DEFENDANT M335188-04 DATE: OC-?- 5? 0C0(-::, Seal of the Court BY THE COURT: Prot notary/C C' it Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA TINA SHEAFFER & WM LAKE Vs. No. 063589 ADAM LAKE & LAURIE LAKE CUSTODIAN OF RECORDS FOR: FRANCO PSYCHOLOGICAL ASSO **SEE ATTACHED ADDENDUM** PERTAINING TO: NAME: TINA M SHEAFFER ADDRESS: 240 MILL ST MT HOLLY SPRINGS PA DATE OF BIRTH: 06/14/62 SSAN: XXXXX9986 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ l RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or FRANCO PSYCHOLOGICAL ASSO CUMBERLAND M335188-04 * * * SIGN AND RETURN THIS PAGE * * * M ? L R MEDICAL LEGAL REPRODUCTIONS', INC. Main Office Phone: (215) 335-3212 Jefferson Bldg., Suite 926 4940 Disston Street Fax: (215) 338-2980 1015 Chestnut Street Philadelphia, Pa. 19135 E-mail Address: legal*ajnedleg.com Philadelphia, Pa 19107 ADDENDUM FRANCO PSYCHOLOGICAL ASSOCS YOUR COMPLETE RECORDS OF ALL SERVICES PROVIDED TO TINA SHEAFFER AND THE BILLING FOR SAME, INCLUDING WITHOUT LIMITATION ALL OFFICE NOTES, CORRESPONDENCE, MEMORANDA, REPORTS, FORMS, RESULTS OF TESTS OR STUDIES (BUT NOT THE ACTUAL FILMS), CONSULTATIONS, REFERRALS AND THE LIRE. C 21ONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TINA SHEAFFER & WM LAKE Vs. ADAM LAKE & LAURIE LAKE File No. 063589 MEDICAL BILLING REQUESTED SUBPOENA TO PROOUCOE Docu ENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 APPALACHIAN ORTHO CTR, ONE DUNWOODY DR, CARLISLE PA 17013 TO: (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 n ?ftTACHED fND M at _ MEDICAL LEGAL REPRODUCTIONS, INC, 940 DISSTON ST., PHILIt., --"'-" (Address You. may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of compliance, to the party making thi; 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 thi, subpoena may seek a court orde;- cxxrpe l ling you to carp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GEORGE B FALLER JR, ESQ ADDRESS: 1 n E 74TGH T 7013 TELEPHONE: SUPREME COURT ID # 215-335-3212 ATTORNEY FOR : 49813 DEFENDANT M335188-05 DATE : [?Ci? - S • aP? Seal of the Court BY THE OOURT: 4??4_ - Prot tary/CC' it Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA TINA SHEAFFER & WM LAKE Vs. No. 063589 ADAM LAKE & LAURIE LAKE CUSTODIAN OF RECORDS FOR : APPALACHIAN ORTHO CTR **SEE ATTACHED ADDENDUM** PERTAINING TO: NAME: TINA M SHEAFFER ADDRESS: 240 MILL ST MT HOLLY SPRINGS PA DATE OF BIRTH: 06/14/62 SSAN: XXXXX9986 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or APPALACHIAN ORTHO CTR CUMBERLAND M335188-05 * * * SIGN AND RETURN THIS PAGE * * * M ? L T? R MEDICAL LEGAL REPROD UCTIONS, INC. Main Office Phone: (215) 335-3212 Jefferson Bldg., Suite 926 4940 Disston Street Fax: (215) 338-2980 1015 Chestnut Street Philadelphia, Pa. 19135 E-mail Address: legal@medleg.com Philadelphia, Pa 19107 ADDENDUM APPALACHIAN ORTHO CTR YOUR COMPLETE RECORDS OF ALL SERVICES PROVIDED TO TINA SHEAFFER AND THE BILLING FOR SAME, INCLUDING WITHOUT LIMITATION ALL OFFICE NOTES, CORRESPONDENCE, MEMORANDA, REPORTS, FORMS, RESULTS OF TESTS OR STUDIES (BUT NOT THE ACTUAL FILMS), CONSULTATIONS, REFERRALS AND THE LIRE. OF PENNSYLVANIA COUNPY OF C[JMBEFIAND TINA SHEAFFER & WM LAKE Vs. File No. ADAM LAKE & LAURIE LAKE 063589 MEDICAL BILLING REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 TO: PENNS WOOD PHYS & OCCUP, 419 STONEHEDGE DR SET 3, CARLISLE PA 17013 (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- thingsfi at --"'- MEDICAL LEGAL REPRODUCTIONS I(A&Mrie'ss1940 DISSTON ST., PRILK-., 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 thi_ request at the address listed above. You have the right to seek in advance the rea.onable 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 thi, subpoena may seek a court ordei- cx0mpe l l i ng you to corip l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GEORGE B FALLER JR, ESQ ADDRESS: - , CARLISLE, PA 7013 TELEPHONE: SUPREME OOURT ID # 215-335-3212 ATTORNEY FOR : 49813 DEFENDANT M335188-06 DATE: &Oc4 - 5, .2oo6 Seal of the Court Deputy BY THE COURT: Prot tary/C?e , it Division (Eff. 7/97) 1 ADDENDUM TO SUBPOENA TINA SHEAFFER & WM LAKE Vs. No. 063589 ADAM LAKE & LAURIE LAKE CUSTODIAN OF RECORDS FOR : PENNS WOOD PHYS & OCCUP **SEE ATTACHED ADDENDUM** PERTAINING TO: NAME: TINA M SHEAFFER ADDRESS: 240 MILL ST MT HOLLY SPRINGS PA DATE OF BIRTH: 06/14/62 SSAN: XXXXX9986 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ) NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or PENNS WOOD PHYS & OCCUP CUMBERLAND M335188-06 * * * SIGN AND RETURN THIS PAGE * * * MEDICAL LEGAL REPRODUCTIONS'. INC. Main Office Phone: (215) 335-3212 Jefferson Bldg., Suite 926 4940 Disston Street Fax: (215) 338-2980 1015 Chestnut Street Philadelphia, Pa. 19135 E-mail Address: legal@medleg.com Philadelphia, Pa 19107 ADDENDUM PENN'S WOOD PHYSICAL & OCCUPATIONAL THERAPY YOUR COMPLETE RECORDS OF ALL SERVICES PROVIDED TO TINA SHEAFFER AND THE BILLING FOR SAME, INCLUDING WITHOUT LIMITATION ALL OFFICE NOTES, CORRESPONDENCE, MEMORANDA, REPORTS, FORMS, RESULTS OF TESTS OR STUDIES (BUT NOT THE ACTUAL FILMS), CONSULTATIONS, REFERRALS AND THE LIKE. L_ 23 fi ?t= r` N '- t l3 4 • George B. Faller, Jr., Esquire I.D. No. 49813 Seth T. Mosebey, Esquire I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants TINA M. SHEAFFER and IN THE COURT OF COMMON PLEAS OF WILLIAM H. SHEAFFER, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. NO. 06-3589 CIVIL ACTION - LAW ADAM A. LAKE and LAURIE L. LAKE, : Defendants. : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Tina M. Sheaffer and William H. Sheaffer c/o Charles E. Wasilefski, Esquire PETERS & WASILEFSKI 2931 North Front Street Harrisburg, PA 17110 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED DEFENDANT'S MOTION FOR SUMMARY JUDGMENT WITHIN THIRTY (30) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Date: g1210W MART LAW F ES By rge B. Faller, Jr., squire I.D. Number 49813 Seth T. Mosebey, Esquire I.D. Number 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants 4 F: \FQ.ES\Clients\T.WI,13090\Currrnt\850\3090.850. mot l . wpd\mas Created: 9(20!04 0:06PM Revised: 613/08 MWAM 3090.850 George B. Faller, Jr., Esquire I.D. No. 49813 Seth T. Mosebey, Esquire I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants TINA M. SHEAFFER and IN THE COURT OF COMMON PLEAS OF WILLIAM H. SHEAFFER, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, : V. NO. 06-3589 : CIVIL ACTION - LAW ADAM A. LAKE and LAURIE L. LAKE, : Defendants. : JURY TRIAL DEMANDED DEFENDANT LAURIE L. LAKE'S MOTION FOR SUMMARY JUDGMENT AND NOW comes Defendant, Laurie L. Lake, by and through her attorneys, MARTSON r DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby moves for summaryjudgment as follows: 1. The moving party is Laurie L. Lake. 2. The responding parties are Plaintiffs Tina M. Sheaffer and William H. Sheaffer. 3. The pleadings are closed in this case. 4. Depositions of both Plaintiffs have been taken. 5. The parties do not intend to take any additional depositions. 6. This case has not been listed for trial, and this Motion will not unreasonably delay trial. 7. On or about June 21, 2006, Plaintiffs filed a Complaint against Laurie Lake. 8. Plaintiffs' Complaint alleges that Ms. Lake is liable for their injuries based on a theory of vicarious liability. it 9. In their Complaint, Plaintiffs allege that Ms. Lake is liable because she gave permission and consent to Defendant Adam Lake to drive the vehicle Ms. Lake owned. 10. Plaintiffs allege that Defendant Adam Lake caused a motor vehicle accident when he was driving Ms. Lake's vehicle. 11. Plaintiffs allege that Defendant Adam Lake was acting on behalf of and for the benefit of Ms. Lake at the time of the accident. 12. Ms. Lake is Defendant Adam Lake's mother. 13. Aside from the averments contained in Plaintiffs' Complaint, Plaintiffs have made no further allegations against Ms. Lake which support their theory of vicarious liability. 14. In his Answers to Plaintiffs' Interrogatories, Defendant Adam Lake stated that he was driving with a friend, Kyle Fromm, on their way to go fishing. 15. The Complaint Form completed by Officer Troy L. Wiser confirms that Kyle Fromm was a passenger with Defendant Adam Lake at the time of the accident. A copy of the Complaint Form is attached hereto and incorporated as Exhibit "A." 16. In Breslin by Breslin v. Ridarelli, 454 A.2d 80, 82 (Pa. Super.), the Superior Court held that the family use doctrine is not a part of the law in Pennsylvania and that the mere fact of a spousal relationship is insufficient to impose liability upon a husband for a wife's negligence. 17. Instead, "[v]icarious liabilitywill be imposed in situations involving non-commercial vehicles only where the master possessed the right to control the servant's acts." Breslin, 454 A.2d at 82. 18. "A servant is an agent whose physical conduct in the performance of the service is controlled or is subject to the right of control by the master; that is, a master controls not only the results of the work, but the manner in which the work is to be performed." Breslin, 454 A.2d at 83. 19. In this case, Plaintiffs' Complaint merely contains conclusory allegations against Ms. Lake. 20. Taking the facts in a light most favorable to Plaintiffs, the facts show that Ms. Lake was the owner of a vehicle involved in an accident and that she gave permission to her son to drive her vehicle. 21. Plaintiffs have failed to prove or disclose any facts showing that Defendant Adam Lake was a servant who was under the control of Ms. Lake at the time of the accident. 22. The uncontroverted facts support Defendant Adam Lake's statements that he was driving with a friend on their way to go fishing. WHEREFORE, Defendant Laurie L. Lake respectfully moves that Summary Judgment be entered in her favor. Respectfully Submitted, MARTSON LA By George B. Faller, Jr., Esgi I.D. Number 49813 Seth T. Mosebey, Esquire I.D. Number 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: T1,402 Attorneys for Defendants EXHIBIT A It MT HOLLY SPRINGS Complaint Form Officer: 28-2 Ptlm. Troy L. Wiser Incident: 04-174 Date: 7/19/04 Time: 07:23 PM MONDAY Complainant Information: Name: TINA SHEAFFER Address: 230 MILL STREET MT HOLLY SPRINGS, PA 17065 Phone#: (717) 486-8854 Work #: (717) 486-4061 Race: WHITE Date of Birt 6/14/62 Sex: F Height: Weight Hair: Eyes: Moustache No Beard: No Tattoo: No Bald: No Vehicle: Make: CHEVROLET Type: CP Color: BLU Year: 1988 Reg: FCZ1788 State: PA Incident Occurred: 400 BLK OF N. BALTIMORE AVE. MT. HOLLY SPGS Code: D/O DRUG OFFENSE Description: ON JULY 19, 04 AT APPROXIMATELY 1923 HOURS, I WAS DISPATCHED TO THE 400 BLK. OF N. BALTIMORE AVENUE FOR AN AUTO ACCIDENT WITH INJURIES. I ARRIVED ON THE SCENE TO FIND A THREE VEHICLE ACCIDENT. THE FIRST VEHICLE THAT I CAME TO WAS A BLUE CHEVY NOVA WITH A FEMALE OCCUPANT SITTING IN THE CAR AND HER LEFT TURN SIGNAL STILL FLASHING. THE SECOND VEHICLE WAS A GREEN DODGE DAKOTA TRUCK THAT HAD STRUCK THE NOVA IN THE REAR. BEHIND THE TRUCK WAS A RED VOLKSWAGEN JETTA WITH HEAVY FRONT END DAMAGE THAT HAD STRUCK THE TRUCK IN THE REAR END. YELLOW BREECHES EMS HAD BEEN DISPATCHED TO THE SCENE. THE CITIZEN'S FIRE DEPARTMENT IN MT. HOLLY SPRINGS HAD ALSO BEEN DISPATCHED TO THE SCENE TO ASSIST WITH THE ACCIDENT. FIRE POLICE CLOSED N. BALTIMORE AVENUE AT BUTLER AND MILL STREETS. I SPOKE WITH THE OPERATOR OF THE CHEVY NOVA WHO WAS IDENTIFIED AS TINA SHEAFFER. SHEAFFER TOLD ME THAT SHE WAS SOUTHBOUND ON N. BALTIMORE AVENUE. SHE STOPPED AFTER PUTTING HER LEFT TURN SIGNAL ON TO MAKE A LEFT HAND TURN INTO THE PARKING LOT OF THE DOLLAR GENERAL STORE. THE NEXT THING SHE KNEW WAS SHE WAS STRUCK FROM THE REAR. SHE STATED THAT WHEN THE VEHICLE HIT HER, SHE FELT SOMETHING POP IN HER NECK. SHEAFFER WAS COMPLAINING OF NECK AND BACK PAIN. SHE WAS TRANSPORTED TO CARLISLE REGIONAL MEDICAL CENTER BY YELLOW BREECHES EMS. I THEN SPOKE WITH STEVEN BRYNER WHO WAS THE OPERATOR OF THE GREEN DODGE DAKOTA TRUCK. HE TOLD ME THAT HE WAS ALSO SOUTHBOUND ON N. BALTIMORE AVENUE WHEN HE CAME UP BEHIND THE BLUE CHEVY, WHICH HAD STOPPED WAITING ON TRAFFIC GOING NORTHBOUND TO TURN INTO THE STORE. HE DOES NOT RECALL ONE WAY OR ANOTHER IF HER TURN SIGNAL WAS ON OR NOT, BUT HE KNEW THAT SHE WAS COMPLETELY STOPPED. BRYNER TOLD ME THAT HE WAS ABLE TO COME TO A COMPLETE STOP AND WAS SITTING STILL WHEN HE WAS STRUCK IN THE REAREND. BRYNER WAS CHECKED BY EMT'S BUT REFUSED EMS. BRYNER TOLD ME THAT HE WAS A LITTLE STIFF BUT DID NOT THINK THAT HE NEEDED MEDICAL ATTENTION RIGHT NOW. I THEN SPOKE WITH ADAM LAKE WHO WAS THE OPERATOR OF THE RED VOLKSWAGON JETTA. WHILE STANDING NEXT TO HIM, I DETECTED A STRONG AND DISTINCT ODOR OF BURNT MARIJUANA EMITTING FROM HIS PERSON. HIS EYES WERE BLOODSHOT AND GLASSY, AND HE APPEARED VERY EDGY AND NERVOUS. 1 WENT TO HIS VEHICLE AT WHICH TIME, 1 AGAIN DETECTED THE STRONG AND DISTINCT ODOR OF BURNT MARIJUANA AND SAW SIGNS OF MARIJUANA USAGE IN THE VEHICLE. LAKE LOOKED INTO HIS GLOVE COMPARTMENT VERY QUICKLY, BUT HE CLOSED IT ALMOST AS QUICK AS HE OPENED IT, SO THAT I COULD NOT SEE IT. LAKE TOLD ME THAT HE DID NOT HAVE 000031 Monday, November 08, 2004 Pagel of 2 w MT HOLLY SPRINGS Complaint Form HIS REGISTRATION AND INSURANCE WITH HIM. LAKE'S MOTHER THEN ARRIVED ON THE SCENE, WHO WAS THE OWNER OF THE VEHICLE, SHE ASKED LAKE IF HE WAS O.K. AND LAKE STATED THAT HE WASN'T INJURED. LAKE ALSO REFUSED TREATMENT FROM EMS ON THE SCENE. LAKE HAD A PASSENGER IN THE CAR, AND HIS NAME WAS KYLE J. FORM, DOB: 7-6-86, ADDRESS 289 SHERWOOD DRIVE, CARLISLE, PA. 17013, PHONE # 766-8749. 1 THEN ASKED MRS. LAKE IF I COULD SPEAK TO HER FOR A FEW MINUTES, AND SHE AGREED. I THEN INFORMED HER THAT I BELIEVED THAT HER SON WAS USING MARIJUANA AND SHE ASKED WHY I THOUGHT THAT. I INFORMED HER THAT THERE WERE SEVERAL INDICATIONS IN THE VEHICLE AND HE HAD AN ODOR OF BURNT MARIJUANA ON HIS PERSON. WE THEN WALKED BACK TO THE CAR, AT WHICH TIME, I POINTED OUT TO HER GREEN VEGETABLE LEAF MATERIAL LAYING ON THE FLOOR ALONG WITH A FEW SEEDS, EMPTY BAGGIES THAT ALSO CONTAINED GREEN LEAF VEGETABLE MATERIAL AND VISINE THAT WAS LAYING IN THE CENTER CONSOLE. 1 THEN WALKED OVER TO LAKE AND ADVISED HIM THAT DUE TO THE FACT THAT I SUSPECTED THAT HE MAY BE UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, THAT I WAS GOING TO PLACE HIM UNDER ARREST AND TRANSPORT HIM TO CARLISLE HOSPITAL FOR A BLOOD AND URINE TEST, AND HE AGREED. DURING A TERRY SEARCH, I REMOVED FROM HIS RIGHT FRONT POCKET TWO SMOKING DEVICES THAT CONTAINED MARIJUANA RESIDUE, A 3; BALL AMOUNT OF MARIJUANA IN A BAGGiE AND ROLLING PAPERS. THE ITEMS WERE PLACED INTO A MANILA ENVELOPE AS EVIDENCE AND LATER TESTED WITH A NIK TEST AND TESTED POSITIVE FOR MARIJUANA. LAKE WAS THEN TRANSPORTED TO CARLISLE HOSPITAL AT WHICH TIME, A BLOOD TEST WAS PERFORMED BY LAB TECH TERRASAS. 1 THEN WITNESSED THE URINE TEST AND PROPERLY SEALED IT FOR EVIDENCE. LAKE WAS THEN TRANSPORTED TO WEST SHORE CENTRAL PROCESSING TO BE PROCESSED ON CHARGES OF DUI. I THEN RETURNED TO THE STATION AND SECURED THE EVIDENCE IN THE EVIDENCE ROOM. ON JULY 20, 2004, WHEN I REPORTED TO DUTY AT 1700 HOURS,1 HAD A NOTE THAT INFORMED ME THAT STEVEN BRYNER HAD WENT TO THE CARLISLE HOSPITAL AND BEEN CHECKED OUT FOR NECK PAIN. ON JULY 26, 2004, THE BLOOD AND URINE WERE REMOVED FROM THE EVIDENCE LOCKER AT 1345 HOURS, AND PLACED IN THE US MAIL TO BE SENT TO ANALYTIC 1310- CHEMISTRIES INC. SO THAT IT COULD BE TESTED. ON AUGUST 22, 2004,1 RECEIVED THE LAB REPORT FROM ANALYTIC BIO-CHEMISTRIES INC., WHICH TESTED POSITIVE FOR CANNABINOIDS AND IT READ: "VERY RECENT USE (WITHIN A FEW HOURS) OF MARIJUANA IS DOCUMENTED BY TEST RESULTS." A CRIMINAL COMPLAINT AND AFFIDAVIT WERE TYPED AND FILED ON AUGUST 23, 2004 BEFORE DISTRICT JUSTICE SUSAN DAY. ON SEPTEMBER 17, 2004 AT 1446 HOURS, THE MANILA ENVELOPE WAS REMOVED FROM EVIDENCE AND TRANSPORTED TO THE PSP LAB IN HARRISBURG FOR TESTING. ON OCTOBER 6, 2004 AT 1045 HOURS, A PRELIMINARY HEARING WAS SCHEDULED BEFORE D.J. DAY. LAKE WAS REPRESENTED BY THE PD'S OFFICE AND HE WAIVED HIS PRELIMINARY HEARING, AT WHICH TIME, I SIGNED AN ARD PAPER, BUT HIS ATTORNEY WAS ADVISED THAT THE VICTIM MAY NOT BE WILLING TO SIGN AN ARD PAPER BECAUSE SHE IS STILL OFF OF WORK DUE TO THE CRASH. ON NOVEMBER 5, 2004 OFFICER RALPH SMITH PICKED UP THE EVIDENCE AT THE PSP LAB IN HARRISBURG AND RF..TURNED IT TO THE STATION, IT WAS PLACED INTO THE EVIDENCE ROOM BY CHIEF GOODHART. THE LAB REPORT WAS PLACED IN THE CASE FILE FOR COURT. List of Perpetrators: Name Address ADAM LAKE 454 BERNHEISEL BRDG RD CARLISLE Witness/Others: Name Address I STEVEN BRYNER 324 PEACH GLENN RD GARDNERS Approved By Date 0 0 0 0 3 2 Monday, November 08, 2004 Page 2 of 2 CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Defendant Laurie L. Lake's Motion for Summary Judgment was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Charles E. Wasilefski, Esquire PETERS & WASILEFSKI 2931 North Front Street Harrisburg, PA 17110 MARTSON LAW OFFICES By r Melissa A. Schol y Ten East High Street Carlisle, PA 17013 Dated: (717) 243-3341 ?? - ? ?,? i ? -? c:_ ?? ?, - - t, 4 •."-3 m , O ?. •? ?, qq x , PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) -------------------------- ----------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) Tina M. Sheaffer and William H. Sheaffer, her husband vs. Adam A. Lake and Laurie L. Lake No.06-3589 Civil Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Motion for Judgment on the Pleadings 2. Identify all counsel who will argue cases: (a) for plaintiffs: Charles E. Wasilefski, Esquire, Peters & Wasilefski (Name and Address) 2931 North Front Street, Harrisburg, PA 17110 (b) for defendants: George B. Faller, Jr., Esquire, Martson Law Offices (Name and Address) 10 East High Street, Carlisle, PA 17013 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: December 3, 2008 Si at re George B. Faller, Jr. Print your name Defendants Date: November 12, 2008 Attorney for INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. ,. ? ' N Eli ?? . ?', C F:\FILES\Clients\Travelers3090\CuRent\850\3090.850. pra Created: 9/20/04 0:06PM Revised: 11/12/08 4:06PM 3090.850 George B. Faller, Jr., Esquire I.D. No. 49813 Seth T. Mosebey, Esquire I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants TINA M. SHEAFFER and IN THE COURT OF COMMON PLEAS OF WILLIAM H. SHEAFFER, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. NO. 06-3589 CIVIL ACTION - LAW ADAM A. LAKE and LAURIE L. LAKE, : Defendants. : JURY TRIAL DEMANDED AMENDED PRAECIPE TO LIST FOR ARGUMENT To the Prothonotary: Please file this Praecipe to amend the Praecipe to List for Argument filed on November 12, 2008, listing Motion for Judgment on the Pleading for Argument. Please list Defendant Laurie L. Lake's Motion for Summary Judgment for Argument. MARTSON LAW OFFICES By_,e34P J George B. Faller, Jr., quire Seth T. Mosebey, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 11)1,3)045 Attorneys for Defendants • CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Amended Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Charles E. Wasilefski, Esquire PETERS & WASILEFSKI 2931 North Front Street Harrisburg, PA 17110 MARTSON LAW OFFICES By Mary. Price Ten ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: ? cao , INC i, - tit t t' C rn F \FILES\Clients\Travelers3090\Cu rent\850\3090.850.prat Created'. 9/20104 0:06PM Revised: 11/20/08 2:52PM 3090.850 George B. Faller, Jr., Esquire I.D. No. 49813 Seth T. Mosebey, Esquire I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants TINA M. SHEAFFER and IN THE COURT OF COMMON PLEAS OF WILLIAM H. SHEAFFER, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 06-3589 CIVIL ACTION - LAW ADAM A. LAKE and LAURIE L. LAKE, : Defendants : JURY TRIAL DEMANDED PRAECIPE TO MAKE DOCUMENTS PART OF RECORD TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please make the following document part of the record in this matter: 1. Defendants' Answer to Plaintiffs' Interrogatory, No. 2. MARTSON LAW OFFICES By -4V J. George B. Faller, Jr., Es ire I.D. No. 49813 Seth T. Mosebey, Esquire I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 1 TA?G? Attorneys for Defendants F-\F]LES' OATAF1 LF.?Tra+altrs3U90?Current3Lt5t7`um I'mas Created 9i_UfO4 ) 06PM Reused: 1_G0,06 3 O?PM IN') S50 George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants TINA M. SHEAFFER and WILLIAM H. SHEAFFER, her husband, Plaintiffs, V. ADAM A. LAKE and LAURIE L. LAKE, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-3589 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT ADAM LAKE'S ANSWERS TO PLAINTIFFS' INTERROGATORIES AND NOW comes Defendant, Adam A. Lake, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby answers Plaintiffs' Interrogatories as follows: 1. State: (a) Your full name; (b) Any other names you have used or been known by; (c) Your date and place of birth; (d) Your marital status at the time of the incident and your current marital status; (e) Your present home address; (f) Your social security number; and (g) Identify each criminal conviction, no contest plea, plea bargain or other criminal matter with which you have ever been involved by describing each offense and identifying the jurisdiction and the court term and number for each offense, as well as, the ultimate disposition of each matter. ANSWER: (a) Adam Andrew Lake (b) Not applicable (c) Carlisle, Pennsylvania (d) Single at the time of the incident and currently single (e) 454 Bernheisel Bridge Road, Carlisle, PA 17015 M (g) Not applicable 2. State the facts upon which you assert that the incident referred to in the Complaint occurred, specifying the speed, position, direction and location of each vehicle involved during its approach to, at the time of, and immediately following the collision. ANSWER: On July 19, 2004, at approximately 7:25 p.m., I was traveling south on Route 34 in my 1999 VW Jetta with my friend, Kyle Fromm, to go fishing. I was coming into the Borough of Mt. Holly Springs (34 South) at about 35 to 40 miles an hour when I slammed on my brakes due to a 2002 Dodge Dakota pickup truck coming to an. abrupt halt behind a 1988 Chevy Nova which stopped with no turn signal and waiting to turn left into a convenience store in the middle of the block. This was not at a light. Upon slamming on the brakes, I rear-ended the Dodge pickup, my right front end hit into his tow hitch. He braked also but tapped into the Nova. My Jetta took all the damage. Mr. Bryner, the driver of the Dodge Dakota, immediately got out of his truck and came to my door, while I was on the telephone with my mother, to make sure I was okay. He said he was okay. My air bag deployed and his did not. All three vehicles were lined upon North Baltimore Avenue. My vehicle had to be towed. The othertwo vehicles were driven away. Any "movement" by the Nova would have been caused by the driver continuing to drive the car ahead enough to create space between the Chevy Nova and the Dodge Dakota. 3. State whether you have made any statement or statements in any form, whether in writing, tape recording device or otherwise, to any person regarding any of the events or happenings referred to in the Complaint, and if so, state: CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Charles E. Wasilefski, Esquire PETERS & WASILEFSKI 2931 North Front Street Harrisburg, PA 17110 MARTSON LAW OFFICES By &) /?, a4,- Price Nlary?A. Ten ast High Street Carlisle, PA 17013 Dated: (717) 243-3341 a .--i C-D , TINA M. SHEAFFER AND WILLIAM H. SHEAFFER, her husband, PLAINTIFFS V. ADAM A. LAKE AND LAURIE L. LAKE, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-3589 CIVIL TERM IN RE: MOTION OF DEFENDANT LAURIE L. LAKE FOR SUMMARY JUDGMENT BEFORE BAYLEY, J. AND EBERT, J. ORDER OF COURT AND NOW, this wAt-- day of December, 2008, the motion of defendant, Laurie L. Lake, for summary judgment, IS GRANTED. Judgment is entered in favor of Laurie L. Lake on the claims made against her by plaintiffs in their complaint. ? Adam L. Selferth, Esquire Charles E. Wasilefski, Esquire 2931 North Front Street Harrisburg, PA 17110 For Plaintiff Jennifer Spears, Esquire Seth T. Mosebey, Esquire For Defendants :sal Co P 1'E3 r»a t LL ?. cs_ .?,- ,?; , ,?. :.. w? ? ?,_; ?; ?' _ C^? c:=? i ? _ ;..,; pg'AFCEpE FOR LgjMQ CASE FOR TRIAL (Must be typewritten and submitted in duplicate) ® Civil Action - w ? Appeal from arbitration (other) Tina M. Sheaffer and William Sheaffer (Plaintiff) VS. The trial list wig be called on June 2. 2009 and Adam A. Lake and Laurie Lake Trials commence on June 29, 2009 (Defendant) Pretrials will be held on June 10, 2009 VS. (Briefs are due S days before pretrial s No. 06-3589 Civil Term TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ® for JURY trial at the next term of civil court. ? for trial without Only. ----- - ------ - ---- - CAPTION OF CASE (entire caption must be stated in full) (check one) La Indicate the attorney who will try case for the party who files this praecipe: George B. Faller, Jr., Esquire Indicate trial counsel for other parties if known: Charles E. Wasilefski, Esquire This case is ready for trial. Date: May 1, 2009 Signed: Print Name: George B. Faller Attorney for: Defendants r. 4 4 FTLEG r C L OF THE P did r r ? WY 2099 MAY _ I Fr; 2s 42 .?FlC) PETERS & WASILEFSKI By: Stephen F. Moore, Esquire Attorney ID #62077 2931 North Front Street Harrisburg, PA 17110 (717) 238-7555 Attorney for Plaintiffs TINA M. SHEAFFER and WILLIAM H. SHEAFFER, her husband, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: CIVIL ACTION - LAW ADAM A. LAKE and LAURIE L. LAKE, Defendants JURY TRIAL DEMANDED PLAINTIFFS' MOTION TO AMEND COMPLAINT TO STATE CLAIM FOR PUNITIVE DAMAGES AND NOW, come Plaintiffs, Tina M. Sheaffer, and her husband, William H. Sheaffer, by and through their attorneys, Peters & Wasilefski, and hereby file the present Motion to state a claim for punitive damages as follows: 1. The moving parties are Tina M. Sheaffer and her husband, William H. Sheaffer, Plaintiffs. 2. The responding party is Defendant, Adam A. Lake. 3. Pleadings are closed in this case. 4. This case has recently been listed for trial by Defendant. This Motion will not delay the trial of this matter. 5. Plaintiffs filed a Complaint in this matter directed to Adam A. Lake and Laurie L. Lake. A copy of the Complaint is attached hereto and incorporated herein as Exhibit A. 6. Plaintiff, Tina M. Sheaffer, asserts that she was operating a motor vehicle on July 19, 2004, at approximate 7:30 p.m., when she had brought the vehicle to a complete stop, had engaged her left hand turn signal, and was in the southbound lane of North Baltimore Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania. (See, Exhibit A at paragraph 8). 7. At the time Plaintiff, Tina M. Sheaffer, was waiting to make a left hand turn, a Dodge Dakota pickup truck driven by Stephen Bryner had pulled up and safely stopped behind Plaintiff, Tina M. Sheaffer. While the vehicles were stopped, Defendant, Adam A. Lake, drove into the rear end of the Dodge Dakota forcing the Dodge Dakota into Mrs. Sheaffer's vehicle. (See, Exhibit A at paragraph 9 and 10). 8. Counts of negligence were directed to Defendant Lake with a vicarious liability count directed to a now released Defendant, Laurie L. Lake. A loss of consortium claim was brought on behalf of Mr. Sheaffer. (See Exhibit A generally). 9. As the matter developed, Defendants filed a Motion for Summary Judgment seeking to have Ms. Lake dismissed from the case. Plaintiffs took no position on the Motion for Summary Judgment and The Honorable Edgar B. Bayley granted the Motion for Summary Judgment by Order dated December 4, 2008. 2 10. Undersigned counsel entered his appearance in this matter on or about May 29, 2009. This matter has been listed for trial by Defendant. 11. A review of the allegations directed to Defendant Adam Lake reveal allegations of negligence, carelessness, gross negligence, and wanton conduct including a. in driving under the influence of drugs in violation of 75 Pa. C.S.A. §3731(a)(1) b. in driving the vehicle in a reckless manner and with careless disregard for the safety of Plaintiff, Mrs. Sheaffer, under the facts and circumstances of the present case. 12. The Ad Damnum clause as outlined in the Complaint requests Judgment in an amount in excess of $35,000.00, exclusive of interest and costs, and in excess of the jurisdictional amount requiring compulsory arbitration. 13. The Plaintiffs seeks to amend the Ad Damnum clause to state a claim for punitive damages, based upon the factual averments already outlined in the Complaint. Amendment of the Ad Damnum clause is permitted at any point in litigation. See, Department of Transportation v. Pennsylvania Industries for Blind and Handicapped, 886 A.2d 706 (Pa. Cmwlth. 2005). 14. Defendant has been aware of the assertion regarding his drug usage since this matter was initiated into litigation. In addition, it is believed and, therefore, averred that there have been non-civil consequences to Defendant Lake arising from the use of intoxicating substances while driving. 3 15. An amendment to the Complaint to add a claim for punitive damages, even when the statute of limitations has run, is permissible where the operative facts to support a punitive damages claim has been alleged in the original Complaint. See, Daley v. John Wanamaker, Inc., 317 Pa. Supra. 348, 464 A.2d 355, 360- 361 (1983). 16. The assertion of driving under the influence of drugs is clearly outlined in the Plaintiffs' Complaint, as outlined above. 17. Granting the present Motion will not operate to surprise and/or prejudice Defendant. 18. Counsel for Plaintiffs has requested the position of Defense counsel. (See exhibit B - letter faxed to Defense Counsel requesting position on amendment). No response has been provided. WHEREFORE, Plaintiffs' request that leave to amend the Ad Damnum clauses within the Complaint to state a claim for punitive damages. PETERS & WASILEFSKI By: ke-,- steXen't M ore, Esquire Attorney ID #62077 2931 North Front Street Harrisburg, Pennsylvania 17110 717-238-7555 Date: 6 ^ r -" 0 Attorneys for Plaintiffs, Tina and William Sheaffer 4 ` ?- `??? h? ti "Qn H bJv 9 i PETERS d WASILLFSKI By: Adam L. Seifenh, Esquire Attorney ID #89073 2931 North Front Street Harrisburg, PA 17110 [7171238-7555 Attorney for Plaintiffs TINA M. SHEAFFER and WILLIAM H. IN THE COURT OF COMMON PLEAS SHEAFFER, her husband, OF CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA DOCKET NO: O t. CJ t CIVIL ACTION - LAW ADAM A. LAKE and LAURIE L. LAKE, Defendants JURY TRIAL DEMANDED 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 twee (tom 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 defense 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 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(s). 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 NOTHAVE A LAWYER OR CAN-NOT AFFORD ONE, GO TO OR TELEPHONE THE' OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 717-240-6200 PETERS AIY "dvA ' ` FS) FAX iv0. (" Ic3?7 i 5 0 04 t,?U ."? , l. t,L;"7111 NOTICIA LE HAN DEMANDADO A USTED BN LA CORTG. Si usted guiere defenderse de estas demandas expuestas an ]as paginas siguientes, usted tiene viente (20) dial de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia excrita o en persona o por abogado y archivar an la torte an forma escrita sus defensas o sus objectiones a las demandas an contra de su persona. Sea avisado qua si usted no se defiende, la torte tomara medidas y puede enirar una orden contra usted sin previo aviso o notificacion y por eualquier queja o alivio que es predido en la petition de demanda. Usted puede perder dinero o sus propriendades o stros derechos importantes para usted. LLEVE ESTA DEMANDA A LN ABROGADO TVIMEDIATAN ENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINIRO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR T ELEFONCO A LA OFiCINA CUYA DfRECCION SE ENCUENTRA EXCRITA ABAJO PARA AVERIGUAR DONDE SE PAUEDE CONSEQUIR ASSISTANCIA LEGAL. Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 717-240-6200 PETERS & WASILEFSKI By: Adam L. Seiferth, Esquire Attorney ID 489073 2931 North Front Street Harrisburg, PA 17110 [7171238-7555 Attorney for Plaintiffs TINA M. SHEAFFER and WILLIAM H. SHEAFFER, her husband, Plaintiffs V. ADAM A. LAKE and LAURIE L. LAKE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT NOW COME the Plaintiffs, Tina M. Sheaffer and William H. Sheaffer, by and through their attorneys, Peters & Wasilefski, and file this Complaint against Defendants and, in support thereof, state as follows: 1. Plaintiff, Tina Sheaffer ("Mrs. Sheaffer"), is an adult individual and citizen of the Commonwealth of Pennsylvania, who currently resides at 240 Mill Street, Mt. Holly Springs, Cumberland County, Pennsylvania with her husband, Plaintiff, William Sheaffer. 2. Plaintiff, William H. Sheaffer ("Mr. Sheaffer"), is an adult individual and citizen of the Commonwealth of Pennsylvania, who currently resides at 240 Mill Street, Mt. Holly Springs, Cumberland County, Pennsylvania with his wife, Plaintiff, Mrs. Sheaffer. 3. Defendant, Adam A. Lake ("Mr. Lake"), is an adult individual and citizen of the Commonwealth of Pennsylvania, who currently resides at 454 Bernheisel Bridge Road, Carlisle, Cumberland County, Pennsylvania 17013. 4. Defendant, Laurie L. Lake, ("Ms. Lake") is an adult individual and citizen of the Commonwealth of Pennsylvania, who currently resides at 454 Bernheisel Bridge Road, Carlisle, Cumberland County, Pennsylvania 17013. 5. At all times relevant hereto, Plaintiff, Mrs. Sheaffer, was a belted driver operating a 1988 Chevy Nova ("Nova") owned by her husband, Plaintiff, Mr. Sheaffer. 6. At all times relevant hereto, Defendant, Mr. Lake, was operating a 1999 Volkswagen Jetta ("Jetta"), owned by his mother, Defendant, Ms. Lake. 7. At all times relevant hereto, Defendant, Mr. Lake, operated, controlled, and maintained the Jetta with the permission and consent of Defendant, Ms. Lake, and for the benefit of Defendant, Ms. Lake. 8. On July 19, 2004, at approximately 7:30 p.m., Plaintiff, Mrs. Sheaffer, had lawfully brought the Nova to a complete stop and had engaged her left hand turn signal in the southbound lane of North Baltimore Avenue in Mt. Holly Springs, Cumberland County, Pennsylvania. 9. As Plaintiff, Mrs. Sheaffer, was waiting to make a left hand turn, a 2002 Dodge Dakota Pick-up truck ("Dakota") driven by Steven B. Bryner had pulled up and safely stopped behind Plaintiff, Mrs. Sheaffer. 10. While both Plaintiff, Mrs. Sheaffer, and Mr. Bryner were stopped in the southbound lane of North Baltimore Avenue, Defendant, Mr. Lake, collided into the rear end of the Dakota with such force as to cause the Dakota to strike the rear passenger side of the Nova driven by Plaintiff, Mrs. Sheaffer, so as to catapult the Nova approximately thirty (30) feet. 2 11. As a result of the careless and negligent manner in which Defendant, Mr. Lake, operated the Jetta as set forth at length below, Plaintiff, Mrs. Sheaffer, suffered significant injuries, including, but not limited to, a neck and shoulder suppression strain, a chronic low back strain, and mental anxiety, which has resulted in permanent and irreparable physical conditions and disability. 12. The careless and negligent manner in which Defendant, Mr. Lake, operated the Jetta caused Plaintiff, Mrs. Sheaffer, to incur a loss of income and a loss of earning capacity, and a claim is made therefor. 13. The careless and negligent manner in which Defendant, Mr. Lake, operated the Jetta caused Plaintiff, Mrs. Sheaffer, to incur out of pocket expenses, and a claim is made therefore. 14. The careless and negligent manner in which Defendant, Mr. Lake, operated the Jena caused Plaintiff, Mrs. Sheaffer, to incur substantial medical expenses in the past, and will continue to incur medical expenses in the present and into the future, and a claim is made therefor. 15. The careless and negligent manner in which Defendant, Mr. Lake, operated the Jetta caused Plaintiff, Mrs. Sheaffer, to suffer in the past, present, and into the future, significant mental and physical pain, inconvenience, an inability to carry out her normal daily activities, embarrassment and humiliation, and loss of life's pleasures and enjoyment, and a claim is made therefor. 3 COUNT I - NEGLIGENCE TINA M. SHAFFER v. ADAM A. LAKE 16. Plaintiff, Mrs. Sheaffer, incorporates the allegations contained in paragraphs 1 through 15 above as if fully rewritten herein. 17. Plaintiff, Mrs. Sheaffer, believes and therefore avers that her injuries and damages were the direct and proximate result of negligence, carelessness, gross negligence, and wanton conduct of Defendant, Adam Lake, as follows: (a) In failing to pay proper attention in the operation of the Jetta; (b) In failing to keep proper and adequate control over the Jetta; (c) In operating the vehicle at an excessive rate of speed under the facts and circumstances of this case; (d) In failing to observe the stopped vehicles in front of him; (e) In failing to stop the Jetta before colliding with the vehicles in front of him; (f) In colliding with the Dakota, thereby causing the Dakota to strike the Nova driven by Plaintiff, Mrs. Sheaffer; (g) In causing a collision with Plaintiff, Mrs. Sheaffer; (h) In failing to keep adequate control of the vehicle so as to be able to stop the vehicle within the assured clear distance ahead; (i) In driving under the influence of drugs in violation of 75 Pa. C.S.A. § 3731(a)(1); 4 (j) In driving the vehicle in a careless manner in violation of 75 Pa. C.S.A. § 3714; and (k) In otherwise driving the vehicle in a reckless manner and with careless disregard for the safety of Plaintiff, Mrs. Sheaffer, under the facts and circumstances of the present case. WHEREFORE, Plaintiff, Tina M. Sheaffer, demands judgment in her favor and against Defendant, Adam A. Lake, in an amount in excess of $35,000.00, exclusive of interests and cost, and in excess of the jurisdictional amount requiring compulsory arbitration COUNT II - VICARIOUS LIABILITY TINA M. SHEAFFER v. LAURIE L. LAKE 18. - Paragraphs 1 through 17 as set forth above are incorporated by reference herein as though if fully set forth at length. 19. At all times relevant hereto Defendant, Ms. Lake, gave her permission and consent to Defendant, Mr. Lake, to drive the Jetta. 20. Defendant, Mr. Lake, was acting on behalf of and for the benefit of Defendant, Ms. Lake, while driving the Jetta. 21. Defendant, Ms. Lake, is vicariously liable for the acts of Defendant, Mr. Lake. WHEREFORE, Plaintiffs, Tina M. Sheaffer and William H. Sheaffer, demand ¦ r judgment in their favor and against Defendant, Laurie L. Lake, in an amount in excess of $35,000.00, exclusive of interests and cost, and in excess of the jurisdictional amount requiring compulsory arbitration 5 COUNT III - LOSS OF CONSORTIUM WILLIAM H. SHEAFFER v. ALL DEFENDANTS 22. Plaintiff, Mr. Sheaffer, incorporates paragraphs 1 through 21 above by reference thereto as though set forth herein at length. 23. Plaintiff, Mr. Sheaffer, married his wife, Plaintiff, Mrs. Sheaffer, on February 14, 1981. 24. Plaintiff, Mr. Sheaffer, has suffered and will continue to suffer the loss of services, society, companionship and consortium of his wife, Plaintiff, Mrs. Sheaffer, as a result of the carelessness and negligence of Defendants towards Plaintiff, Mrs. Sheaffer, and a claim is made therefor. WHEREFORE, Plaintiff, William H. Sheaffer, demands judgment in his favor and against Defendants in an amount in excess of $35,000.00, exclusive of interests and cost and in excess of the jurisdictional amount requiring compulsory arbitration. Date: 0(0 - 9,1 - a„OCCO Peters & Wasilefski By: Adam L. Seiferth, E qu e Attorney ID 489073 2931 North Front Street Harrisburg, Pennsylvania 17110 717-238-7555 Attorneys for Plaintiffs, Tina and William Sheaffer 6 VERIFICATION I hereby affirm that the following facts are correct: I am the Plaintiff and am authorized to make this Verification; the attached Complaint is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in the preparation of the lawsuit. The language of the Complaint is that of counsel and not of me. I have read the Complaint and to the extent that the same is based upon information that I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: Tina M. Sheaffer VERIFICATION I hereby affirm that the following facts are correct: I am the Plaintiff and am authorized to make this Verification; the attached Complaint is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in the preparation of the lawsuit. The ianguage of the Complaint is that of counsel and not of me. I have read the Complaint and to the extent that the same is based upon information that I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date: 10a,] 'awcQ t ?- ?Lv William H. Sheaffer PETERS & WASILEFSKI By: Adam L. Seiferth, Esquire Attorney ID #89073 2931 North Front Street Harrisburg, PA 17110 [717] 238-7555 Attorney for Plaintiffs TINA M. SHEAFFER and WILLIAM H SHEAFFER, her husband, Plaintiffs V. ADAM A. LAKE and LAURIE L. LAKE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: CIVIL ACTION - LAW JURY TRIAL DEMANDED SHERIFF'S INSTRUCTIONS To the Sheriff of Cumberland County: Kindly serve one copy of the Complaint upon both Defendants, Adam A. Lake and Laurie L. Lake, at the following address: 454 Bernheisel Bridge Road Carlisle, Pennsylvania 17013 Peters & Wasilefski Date: 9V -a,1 a_Q By: Adam L. Seiferth, Esquir Attorney ID 489073 I 2931 North Front Street Harrisburg, Pennsylvania 1 717-238-7555 Attorneys for Plaintiffs, Tina and William Sheaffer 0 PETERS 0 WASILEFSKI Asto»tejs and Counselors ar Law Charles E. %V'tsdefski Joseph C. Phillips, Michael R. Bonshock Stephen F. Moore Rebecca M. Fuhrman Of Counsel: William J Pcrers r717) 238-755 X71") 238 77W fFAx1 Slav 28, 2009 George B. Falter. Jr., Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 Re: Sheaffer v. Lake CCP Cumberland County Docket No. 06-389 Dear George: 2931 North Front Street Harrisburg, Pennsvlvania 17110 W\Vw. plVleg:1?. L'OR7 1 have assumed the handlings of this matter and have entered my appearance on behalf of the Plaintiffs. Please be advised that I intend to seek an amendment to the Complaint to include a claim for punitive damages. Pursuant to Cumberland County Local Rule 208.2(d), I need to know whether you concur in the amendment. Would you please advise at your earliest convenience. I do look forward to hearing from you. Verv truly y?ous,? St?phe : F. Moore sfm: c pwlegal.com extension 116 SF'Urmt pwlawc'i7: pwlryal.com P. 01 TRANSACTION REPORT MAY-28-2009 THU 02:44 PM ,( FOR PETERS AND WASILEFSKI 7172387750 ? X SEND ;K DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP :K MAY--23 o2-:43 PM 2431850 26" 2 FAX TX OK 684 :K-------- ,K ? .K TOTAL 26S PAGES; 2 PETERS (25 WASILEFSKI ,la,.mp oar.IUMN&rr..;.w ch.rk.>z Vpullaf ki Jo«ol, C. Thlaipe wch-d R. parhodr Repbcs F. Moon Rdrven M. PuMmao or com"l; waaam 1. Pea,. 2931 North Fcont Street liardsburg, Peousylvania 17110 www.pwiegal.com TO DATE:= TIME: FAX: 11-1 - 3 - 7 913 FROM: RE; V COMMENTS: TOTAL. PACES: a (including transmittal sheet) The Informedon contained in this facsimile message is attomry-client privileged and/or confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, pieaso immediately notify us by telephone, and return the original message to us at the above address via the U.S. Postal Service. Thank You. (717) 238+7S5S (717) 7347760 (FAN pwkw&-kg&Leon TINA M. SHEAFFER and WILLIAM H. SHEAFFER, her husband, Plaintiffs V. ADAM A. LAKE and LAURIE L. LAKE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 06-3589 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing, Motion and Proposed Order, on all counsel of record and parties of interest by placing the same in the United States mail, first-class postage prepaid, at Harrisburg, Pennsylvania on this 1 st day of June 2009, and addressed as follows: George B. Faller, Jr., Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 PETERS & WASILEFSKI m.T -V 2 1 si ,r % PETERS & WASILEFSKI _",,A 4qeAc- By: S?tephin F. Moore, Esquire Attorney ID #62077 2931 North Front Street Harrisburg, Pennsylvania 17110 ,? q, 717-238-7555 Date: I Attorneys for Plaintiffs, Tina and William Sheaffer PETERS & WASILEFSKI By: Stephen F. Moore, Esquire Attorney ID #62077 2931 North Front Street Harrisburg, PA 17110 (717) 238-7555 Attorney for Plaintiffs TINA M. SHEAFFER and WILLIAM H. SHEAFFER, her husband, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 06-3589 CIVIL ACTION - LAW ADAM A. LAKE and LAURIE L. LAKE, Defendants JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE APPEARANCE TO THE PROTHONOTARY: Kindly substitute the appearance of the undersigned for Plaintiffs in the above- referenced matter. Kindly modify your records and forward all future notices, etc., directly to my attention. 00 go TINA M. SHEAFFER and WILLIAM H. SHEAFFER, her husband, Plaintiffs V. ADAM A. LAKE and LAURIE L. LAKE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 06-3589 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing, PRAECIPE TO SUBSTITUTE APPEARANCE, on all counsel of record and parties of interest by placing the same in the United States mail, first-class postage prepaid, at Harrisburg, Pennsylvania on this 29th day of May, 2009, and addressed as follows: George B. Faller, Jr., Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 PETERS & WASILEFSKI r, : FILED OF THE ?? 11 2009 JUN -2 A, r j Cl,?ru? pl-Y r' L t ,' I.,, t . J TINA M. SHEAFFER and WILLIAM SHEAFFER, Plaintiffs v ADAM A. LAKE and LAURIE LAKE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 06-3589 CIVIL TERM IN RE: FOR TRIAL ORDER OF COURT AND NOW, this 2nd day of June, 2009, upon consideration of the call of the civil trial list, and counsel for the Plaintiffs in the person of Stephen Moore, Esquire, and counsel for Defendant in the person of George Faller, Jr., Esquire, having indicated that this case may be tried during the forthcoming term of court, but counsel for the Plaintiff having indicated that his clients have a scheduling conflict commencing in the middle of the trial week, and the Court being unable to assure the parties at this point of the day of commencement of trial, counsel are requested to contact the Court Administrator for purposes of scheduling this matter. By the Court, ? Stephen Moore, Esquire 2931 North Front Street Harrisburg, PA 17110 For Plaintiffs George Faller, Jr., Esquire 10 East High Street Carlisle, PA 17013 For Defendants Court Administrator// mae C rc pn :a l L - & - ?- A ?d .P q Jam- 3 ? ?F?urJS ?v?v?? Y #15 TINA M. SHEAFFER and IN THE COURT OF COMMON PLEAS OF WILLIAM H. SHEAFFER, CUMBERLAND COUNTY, PENNSYLVANIA her husband, Plaintiffs . V. CIVIL ACTION - LAW ADAM A. LAKE, Defendant NO. 06-3589 CIVIL TERM PRETRIAL CONFERENCE AND NOW, this 10th day of June, 2009, before Edgar B. Bayley, Judge, present for the plaintiffs was Stephen F. Moore, Esquire, and for defendant, George B..Faller, Jr., Esquire. Tina M. Sheaffer was in a vehicle that was rear ended by defendant, Adam A. Lake. (An original named defendant, Lori L. Lake, is no longer in the case). Liability is admitted. Plaintiff has alleged in the complaint that at the time of the accident Adam A. Lake was under the influence of drugs to the extent that precluded him from safely driving. Plaintiff has just filed a motion to amend the complaint to add a claim for punitive damages. The Court Administrator shall forward the motion to this Judge for disposition. The case is continued from the June trial term to be relisted by either coups C By t1le' Court Z 17 t_ 3$ te r : ri -a n? M Edgar B . ayl , J. Stephen F. Moore, Esquire For Plaintiffs George B. Faller, Jr., Esquire For Defendant prs F:\FILES\Clients\3090 Travelers\Cwrent\850\3090.850.replyl.wpd Created: 9/20/04 0:06PM Revised: 6111/09 3:11PM 3090.850 George B. Faller, Jr., Esquire I.D. No. 49813 Seth T. Mosebey, Esquire I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants TINA M. SHEAFFER and WILLIAM H. SHEAFFER, her husband, Plaintiffs V. ADAM A. LAKE and LAURIE L. LAKE, Defendants IN THE COURT OF COMMON 4EAS OF CUMBERLAND COUNTY, PE SYLVANIA NO. 06-3589 CIVIL ACTION - LAW JURY TRIAL DEMANDED REPLY TO PLAINTIFFS' MOTION TO AMEND COMPLAI TO STATE CLAIM FOR PUNITIVE DAMAGES AND NOW, comes Defendant Adam A. Lake ("Defendant"), by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby Iles this Reply to Plaintiffs' Motion to Amend Complaint to State Claim for Punitive Damages as ollows: 1. Admitted. I 2. Admitted. 3. Admitted. 4. Admitted as the pleadings have been closed for years. 5. Admitted. 6. Denied. Plaintiffs' Complaint is a document which speaks for itself. Any inference attributed to the language contained in the Complaint is denied as a conclusion of 1 w to which no response is required under the Pennsylvania Rules of Civil Procedure. 7. Denied. Plaintiffs' Complaint is a document which speaks for itself attributed to the language contained in the Complaint is denied as a conclusion of la response is required under the Pennsylvania Rules of Civil Procedure. 8. Denied. Plaintiffs' Complaint is a document which speaks for itself. attributed to the language contained in the Complaint is denied as a conclusion of la response is required under the Pennsylvania Rules of Civil Procedure. 9. Admitted. 10. Admitted. 11. Denied. Plaintiffs' Complaint is a document which speaks for itself. attributed to the language contained in the Complaint is denied as a conclusion of la response is required under the Pennsylvania Rules of Civil Procedure. 12. Denied. Plaintiffs' Complaint is a document which speaks for itself. attributed to the language contained in the Complaint is denied as a conclusion of h response is required under the Pennsylvania Rules of Civil Procedure. 13. Admitted in part and denied in part. It is admitted that Plaintiffs seek inference to which no inference v to which no yinference to which no nyinference to which no amend their Complaint to state a claim for punitive damages. The remainder of the averment is denied as a conclusion of law to which no response is required under the Pennsylvania Rules of C vil Procedure. 14. Denied as stated. Defendant entered the ARD Program. 15. Denied as a conclusion of law to which no response is requi ed under the Pennsylvania Rules of Civil Procedure. 16. Denied. Plaintiffs' Complaint is a document which speaks for itself. Any inference attributed to the language contained in the Complaint is denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 17. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. The amendment at t his late date did surprise Defendant and counsel would be prejudiced as he now would need to obtain additional witnesses i the Motion is granted. 18. Admitted. WHEREFORE, Defendant requests that Plaintiffs' Motion to Amend Com Taint to State Claim for Punitive Damages be denied. Respectfully Submitted, MARTSON LAW OFFICES By: jc% -4-, ' `-,- v v? George B. Faller, Jr., Esquire I.D. Number 49813 Seth T. Mosebey, Esquire I.D. Number 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: Attorneys for Defendants CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto hereby certify that a copy of the foregoing Reply to Motion to Amend Complaint date by depositing same in the Post Office at Carlisle, PA, first class mail, postage pry as follows: Charles E. Wasilefski, Esquire PETERS & WASILEFSKI 2931 North Front Street Harrisburg, PA 17110 MARTSON LAW OFFICES By: Dated: 7 Price tyiasi High Street Carlisle, PA 17013 (717) 243-3341 roy & Faller, Ls served this id. addressed RLE _Cl -t ?E OF THIS PR,',,Tr-!':. NoTTlV?V 2009 JUIN I i Ph ? : 0 7 JUN 1 0 2009 y TINA M. SHEAFFER and WILLIAM H. SHEAFFER, her husband, Plaintiffs V. ADAM A. LAKE and LAURIE L. LAKE, ; Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: Ola • aS Im C"v1Te CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW This day of K-Q--- 2009, Plaintiffs' Motion seeking to amend the Complaint to assert punitive damages is GRANTED. An Amended Complaint should be filed within ten (10) da, FILED-1D;;-FT,CE a' TIME P-,C T pn,, ` z4Ry 2009 JUIJ 12 A 9: 2 7 oaf I lEZ ryLa t " 411, T. PETERS & WASILEFSKI By: Stephen F. Moore, Esquire Attorney ID #62077 2931 North Front Street Harrisburg, PA 17110 [717] 238-7555 Attorney for Plaintiffs TINA M. SHEAFFER and WILLIAM H. SHEAFFER, her husband, Plaintiffs V. ADAM A. LAKE and LAURIE L. LAKE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 06-3589 CIVIL ACTION - LAW JURY TRIAL DEMANDED AMENDED COMPLAINT NOW COME the Plaintiffs, Tina M. Sheaffer and William H. Sheaffer, by and through their attorneys, Peters & Wasilefski, and file this Amended Complaint against Defendants and, in support thereof, state as follows: 1. Plaintiff, Tina Sheaffer ("Mrs. Sheaffer"), is an adult individual and citizen of the Commonwealth of Pennsylvania, who currently resides at 240 Mill Street, Mt. Holly Springs, Cumberland County, Pennsylvania with her husband, Plaintiff, William Sheaffer. 2. Plaintiff, William H. Sheaffer ("Mr. Sheaffer"), is an adult individual and citizen of the Commonwealth of Pennsylvania, who currently resides at 240 Mill Street, Mt. Holly Springs, Cumberland County, Pennsylvania with his wife, Plaintiff, Mrs. Sheaffer. 3. Defendant, Adam A. Lake ("Mr. Lake"), is an adult individual and citizen of the Commonwealth of Pennsylvania, who currently resides at 454 Bernheisel Bridge Road, Carlisle, Cumberland County, Pennsylvania 17013. 4. Defendant, Laurie L. Lake, ("Ms. Lake") is an adult individual and citizen of the Commonwealth of Pennsylvania, who currently resides at 454 Bernheisel Bridge Road, Carlisle, Cumberland County, Pennsylvania 17013. (See Wherefore clause set forth at Count II below). 5. At all times relevant hereto, Plaintiff, Mrs. Sheaffer, was a belted driver operating a 1988 Chevy Nova ("Nova") owned by her husband, Plaintiff, Mr. Sheaffer. 6. At all times relevant hereto, Defendant, Mr. Lake, was operating a 1999 Volkswagen Jetta ("Jetta"), owned by his mother, Defendant, Ms. Lake. 7. At all times relevant hereto, Defendant, Mr. Lake, operated, controlled, and maintained the Jetta with the permission and consent of Defendant, Ms. Lake, and for the benefit of Defendant, Ms. Lake. 8. On July 19, 2004, at approximately 7:30 p.m., Plaintiff, Mrs. Sheaffer, had lawfully brought the Nova to a complete stop and had engaged her left hand turn signal in the southbound lane of North Baltimore Avenue in Mt. Holly Springs, Cumberland County, Pennsylvania. 9. As Plaintiff, Mrs. Sheaffer, was waiting to make a left hand turn, a 2002 Dodge Dakota Pick-up truck ("Dakota") driven by Steven B. Bryner had pulled up and safely stopped behind Plaintiff, Mrs. Sheaffer. 10. While both Plaintiff, Mrs. Sheaffer, and Mr. Bryner were stopped in the southbound lane of North Baltimore Avenue, Defendant, Mr. Lake, collided into the rear end of the Dakota with such force as to cause the Dakota to strike the rear passenger side of the Nova driven by Plaintiff, Mrs. Sheaffer, so as to catapult the Nova approximately thirty (30) feet. 2 11. As a result of the careless and negligent manner in which Defendant, Mr. Lake, operated the Jetta as set forth at length below, Plaintiff, Mrs. Sheaffer, suffered significant injuries, including, but not limited to, a neck and shoulder suppression strain, a chronic low back strain, and mental anxiety, which has resulted in permanent and irreparable physical conditions and disability. 12. The careless and negligent manner in which Defendant, Mr. Lake, operated the Jetta caused Plaintiff, Mrs. Sheaffer, to incur a loss of income and a loss of earning capacity, and a claim is made therefore. 13. The careless and negligent manner in which Defendant, Mr. Lake, operated the Jetta caused Plaintiff, Mrs. Sheaffer, to incur out of pocket expenses, and a claim is made therefore. 14. The careless and negligent manner in which Defendant, Mr. Lake, operated the Jetta caused Plaintiff, Mrs. Sheaffer, to incur substantial medical expenses in the past, and will continue to incur medical expenses in the present and into the future, and a claim is made therefor. 15. The careless and negligent manner in which Defendant, Mr. Lake, operated the Jetta caused Plaintiff, Mrs. Sheaffer, to suffer in the past, present, and into the future, significant mental and physical pain, inconvenience, an inability to carry out her normal daily activities, embarrassment and humiliation, and loss of life's pleasures and enjoyment, and a claim is made therefor. 3 COUNT I - NEGLIGENCE TINA M. SHAFFER v. ADAM A. LAKE 16. Plaintiff, Mrs. Sheaffer, incorporates the allegations contained in paragraphs 1 through 15 above as if fully rewritten herein. 17. Plaintiff, Mrs. Sheaffer, believes and therefore avers that her injuries and damages were the direct and proximate result of negligence, carelessness, gross negligence, and wanton conduct of Defendant, Adam Lake, as follows: (a) In failing to pay proper attention in the operation of the Jetta; (b) In failing to keep proper and adequate control over the Jetta; (c) In operating the vehicle at an excessive rate of speed under the facts and circumstances of this case; (d) In failing to observe the stopped vehicles in front of him; (e) In failing to stop the Jetta before colliding with the vehicles in front of him; (f) In colliding with the Dakota, thereby causing the Dakota to strike the Nova driven by Plaintiff, Mrs. Sheaffer; (g) In causing a collision with Plaintiff, Mrs. Sheaffer; (h) In failing to keep adequate control of the vehicle so as to be able to stop the vehicle within the assured clear distance ahead; (i) In driving under the influence of drugs in violation of 75 Pa. C.S.A. § 3731(a)(1); 4 (j) In driving the vehicle in a careless manner in violation of 75 Pa. C.S.A. § 3714; and (k) In otherwise driving the vehicle in a reckless manner and with careless disregard for the safety of Plaintiff, Mrs. Sheaffer, under the facts and circumstances of the present case. WHEREFORE, Plaintiff, Tina M. Sheaffer, demands judgment in her favor and against Defendant, Adam A. Lake, in an amount in excess of $35,000.00, exclusive of interest and costs, and in excess of the jurisdictional amount requiring compulsory arbitration. Given the conduct of Defendant, Adam A. Lake, the assessment of punitive damages is requested. COUNT II - VICARIOUS LIABILITY TINA M. SHEAFFER v. LAURIE L. LAKE 18. Paragraphs 1 through 17 as set forth above are incorporated by reference herein as though if fully set forth at length. 19. At all times relevant hereto Defendant, Ms. Lake, gave her permission and consent to Defendant, Mr. Lake, to drive the Jetta. 20. Defendant, Mr. Lake, was acting on behalf of and for the benefit of Defendant, Ms. Lake, while driving the Jetta. 21. Defendant, Ms. Lake, is vicariously liable for the acts of Defendant, Mr. Lake. 5 WHEREFORE, Plaintiffs, Tina M. Sheaffer and William H. Sheaffer, demand judgment in their favor and against Defendant, Laurie L. Lake, in an amount in excess of $35,000.00, exclusive of interests and cost, and in excess of the jurisdictional amount requiring compulsory arbitration. (This count is included as a matter of completeness. However, Defendants previously filed a Motion for Summary Judgment seeking to have Ms. Lake dismissed from the case. Plaintiffs took no position on the Motion for Summary Judgment and The Honorable Edgar B. Bayley granted the Motion for Summary Judgment by Order dated December 4, 2008). COUNT III - LOSS OF CONSORTIUM WILLIAM H. SHEAFFER v. ALL DEFENDANTS 22. Plaintiff, Mr. Sheaffer, incorporates paragraphs 1 through 21 above by reference thereto as though set forth herein at length. 23. Plaintiff, Mr. Sheaffer, married his wife, Plaintiff, Mrs. Sheaffer, on February 14, 1981. 24. Plaintiff, Mr. Sheaffer, has suffered and will continue to suffer the loss of services, society, companionship and consortium of his wife, Plaintiff, Mrs. Sheaffer, as a result of the carelessness and negligence of Defendants towards Plaintiff, Mrs. Sheaffer, and a claim is made therefore. 6 WHEREFORE, Plaintiff, William H. Sheaffer, demands judgment in his favor and against Defendants in an amount in excess of $35,000.00, exclusive of interests and cost and in excess of the jurisdictional amount requiring compulsory arbitration. Given the conduct of Defendant, Adam A. Lake, the assessment of punitive damages is requested. PETERS & WASILEFSKI By: JStCPF. oore, Esquire Attorney ID #62077 2931 North Front Street Harrisburg, Pennsylvania 17110 Date: 717-238-7555 Attorneys for Plaintiffs, Tina and William Sheaffer 7 VERIFICATION I hereby affirm that the following facts are correct: I am the Plaintiff and am authorized to make this Verification. The attached Amended Complaint is based upon information which I have furnished to my counsel and iniorruation which 'ryas been gathered by my counsel in the preparation or the lawsuit. The language of the Amended Complaint is that of counsel and not of me. I have read the Amended Complaint and to the extent that the same is based upon information that I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Amended Complaint is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Amended Complaint are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: -5. ? 15 '7L- ' William H. Sheaffer VERIFICATION I hereby affirm that the following facts are correct: I am the Plaintiff and am authorized to make this Verification. The attached Amended Complaint is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in the preparation of the lawsuit. The language of the Amended Complaint is that of counsel and not of me. I have read the Amended Complaint and to the extent that the same is based upon information that I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Amended Complaint is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Amended Complaint are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: -- Tina M. Sheaffe r . TINA M. SHEAFFER and WILLIAM H. SHEAFFER, her husband, Plaintiffs : V. ADAM A. LAKE and LAURIE L. LAKE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 06-3589 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing, AMENDED COMPLAINT, on all counsel of record and parties of interest by placing the same in the United States mail, first-class postage prepaid, at Harrisburg, Pennsylvania on this I q}Q\ day of September, 2009, and addressed as follows: George B. Faller, Jr., Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 PETERS & WASILEFSKI FlLIE("...f'1 Cdr THE 2909 SEA' 21 F .k y