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Home My WebLink About02-2607WENDY L. MATTY, and GREGORY M. MATTY, her husband, Plaintiffs DONNA NYE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. O.~- ,~O7 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 defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone (717) 249-6166 Matthew S. Crosby, Esq. I.D. #69367 1300 Linglestown Rd. P.O. Box 60337 Harrisburg, PA 17106 (717) 238-2000 Attorneys for Plaintiffs WENDY L. MATTY, and GREGORY M. MATTY, her husband, Plaintiffs Ve DONNA NYE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA .o. 7 CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, Wendy L. Matty and Gregory M. Matty, by and through their attorney, HANDLER, HENNING & ROSENBERG, LLP, by Matthew S. Crosby, Esq., and makes the within Complaint against Defendant, Donna Nye, and in support thereof, avers as follows: 1. Plaintiffs, Wendy L. Matty and Gregory M. Matty, are adult individuals currently residing at 124 West Portland St., Apartment 21, Mechanicsburg, Cumberland County, PA 17055. 2. Defendant, Donna Nye, is an adult individual currently residing at 20 Rolo Court, Mechanicsburg, Cumberland County, PA 17055. 3. At all times hereto, Plaintiff, Wendy L. Matty, was the owner and operator of a 1994 Toyota Corolla, bearing the Pennsylvania Registration Number AHD1038 (hereinafter "Plaintiff's vehicle"). 4. At all times hereto, Defendant, Donna Nye, was the operator of a motor vehicle registered in the Commonwealth of Pennsylvania (hereinafter "Defendant's vehicle"). -1- 5. On or about June 1,2000, Plaintiff, Wendy L. Matty, was lawfully proceeding on Market Street, in Mechanicsburg, Cumberland County, Pennsylvania. 6. On or about June 1, 2000, Defendant, Donna Nye, was also traveling on Market Street, in Mechanicsburg, Cumberland County, Pennsylvania, directly behind Plaintiffs vehicle. 7. At approximately that same time and place, Plaintiff's vehicle entered a construction area and had to stop. 8. Suddenly and without warning, Defendant's vehicle failed to stop and slammed into the rear of Plaintiff's vehicle. 9. At the time of the collision, Plaintiff, Wendy L. Matty, was insured under a motor vehicle policy through Erie Insurance Group. Erie Insurance Group has not provided a valid 75 Pa.C.S.^. § 1705 limited-tort selection form and, therefore, Plaintiff is presumed to have selected full-tort coverage. 10. As a direct and proximate result of the negligence of the Defendant, the Plaintiff, Wendy L. Matty, sustained extensive injuries resulting in a serious impairment of bodily function and permanent serious disfigurement, as set forth more specifically below. COUNT I - NEGLIGENCE Wend¥ L, Matty v, Donna Nye 11. Plaintiff, Wendy L. Matty, herein incorporates paragraphs 1 through 10 ofthis Complaint as if set forth at length. 12. The occurrence of the aforesaid collision and the resultant injuries to Plaintiff, Wendy L. Matty, were caused directly and proximately by the negligence of Defendant, Donna Nye, generally and more specifically as set forth below: -2- (a) In failing to be reasonably vigilant to observe the position of Plaintiffs vehicle on the roadway; (b) In failing to operate her vehicle in such a manner that would allow her to apply the brakes and stop before striking Plaintiffs vehicle; (c) In failing to operate her vehicle under proper and adequate control in order that she could avoid striking Plaintiff's vehicle; (d) In failing to maintain proper and adequate observation of the traffic conditions then and there existing; (e) In failing to operate her vehicle at a speed at which she could stop within the assured clear distance ahead, in violation of 75 Pa.C.S.^. § 3310; and (f) In failing to exercise reasonable care in the operation and control of her vehicle, in violation of 75 Pa.C.S.A. § 3714. 13. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Wendy L. Matty, has suffered extensive and serious personal injuries, including, but not limited to, injuries to her back, neck, left shoulder, and left arm, as well as permanent and severe scarring in her neck and hip area. 14. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Wendy L. Matty, has suffered great physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 15. As a direct and proximate result of the negligence of Defendant, Plaintiff, Wendy L. Matty, has suffered lost wages and will in the future continue to suffer a loss of income and/or loss of earning capacity. -3- 16. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Wendy L. Matty, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. 17. As a direct and proximate result of the negligence of Defendant, Plaintiff, Wendy L. Matty, has been, and will in the future be, hindered from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 18. As a direct and proximate result of the negligence of Defendant, Plaintiff, Wendy L. Matty, has suffered a loss of life's pleasures, and will continue to endure the same in the future, to her great detriment and loss. 19. Plaintiff, Wendy L. Matty, believes and, therefore, avers that her injuries are permanent in nature. WHEREFORE, Plaintiff, Wendy L. Matty, seeks damages from Defendant, Donna Nye, in an amount in excess of the minimum mandatory arbitration limits in Cumberland County. Count II - Loss of Consortium Gre.qorv M. Matty v. Donna Nye 20. Plaintiff, Gregory M. Matty, incorporates and makes part of this Complaint paragraphs 1 through 19 above, as if the same were set forth fully below. 21. As a direct and proximate result of the negligence of the Defendant, the Plaintiff, Gregory M. Matty, has suffered a loss of consortium, society and comfort from his wife, and he will continue to suffer a similar loss in the future. 22. As a direct and proximate result of the negligence of the Defendant, the Plaintiff, Gregory M. Matty, has been compelled, in order to effect a cure for his wife's -4- injuries, to expend money for medicine and medical attention, and may be required to expend money for the same purposes in the future, to his great detriment and loss. WHEREFORE, Plaintiff, Gregory M. Matty, seeks damages from Defendant, Donna Nye, in an amount in excess of the minimum mandatory arbitration limits in Cumberland County. Date: HANd__ERG, LLP By: ~ Matthew S. Crosby, Esq. I.D. No. 69367 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiffs -5- VERIFICATION PURSUANT TO Pa. R.C.P. No. 1024(c) MATTHEW S. CROSBY, ESQ. states that he is the attorney for the party filing the foregoing document; that he makes this Complaint as an attorney and verifies that it is correct and accurate to the best of his knowledge, information and belief and that this statement is made subject to the penalties of 18 Pa. C.S.A., Section 4904 relating to unsworn falsification to authorities. MATTHEW S. CROSBY, ESQ. John R. Ninosky, Esquire I.D. #7800O GOLDBERG, BL~TZbUtN & SHIPSU~N, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant WENDY L. MATTY and : GREGORY M. MATTY, her husband,: Plaintiffs : : VS. : : DONNA NyE, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2607 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOT~RY: PLEASE enter the appearance of the undersigned on behalf of the Defendant, Donna Nye, in the above-captioned matter. GOLDBERG, KATZMAN & SHIPMAN, P.C. 80374.1 John ~. Ninb~ky, Esquire Attorney I.D. #78000 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant, Donna Nye CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the ~day of ,~L~ , 2002, addressed to the following: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg P.O. Box 60337 Harrisburg, PA 17110 GOLDBERG, KATZMAN & SHIPMAN, P.C. JohnFR. Nih6sk~, Esquir~ I.D.#: 78000 P.O. Box 1268 Harrisburg, PA 17108 Attorneys for Defendant Cooper Telephone: (717) 234-4161 80375.1 John R. Ninosky, Esquire I.D. %78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant WENDY L. MATTY and : GREGORY M. MATTY, her husband,: Plaintiffs : : vs. : : DONNA NYE, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2607 CIVIL TERM JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiffs and their Attorney, Matthew S. Crosby, Esquire Handler, Henning & Rosenberg P.O. Box 60337 Harrisburg, PA 17106 YOU ARE HEREBY notified to plead to the within New Matter of Defendant, Donna Nye, within twenty (20) days of service hereof. 80371.1 GOLDBERG, KATZMAN & SHIPMAN, P.C. ohn R. Ni~osky, Esquire Attorney I.D. 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant John R. Ninosky, Esquire I.D. #78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant WENDY L. MATTY and : GREGORY M. MATTY, her husband,: Plaintiffs : : VS. DONNA NYE, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2607 CIVIL TERM JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEWMATTER TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, Donna Nye, by and through her counsel, Goldberg, Katzman & Shipman, P.C., who files this Answer With New Matter to Plaintiffs' Complaint by respectfully stating the following: 1. Denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph No. 1. The same are, therefore, denied and strict proof demanded at the time of trial. 2. Admitted in part, denied in part. It is admitted that Donna Nye is an adult individual. The remainder of this allegation is denied. Donna Nye currently resides at 2544 Rolo Court, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph No. 3. The same are, therefore, denied and strict proof demanded at the time of trial. 4. Admitted. 5. Denied. The averments contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed required, the averments contained herein are denied. 6. Denied. The averments contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed required, the averments contained herein are denied. 7. Denied. The averments contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed required, the averments contained herein are denied. 8. Denied. The averments contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed required, the averments contained herein are denied. 9. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e) . 10. Denied. It is specifically denied that Plaintiff, Wendy L. Matty, sustained extensive injuries resulting in a serious impairment of bodily function and permanent disfigurement. Moreover, the alleged accident was not a substantial factor in causing any of Plaintiffs, alleged injuries. COROT I - 1TEGLIGENCE _~NDY L. MATTY v. DONNA NYR 11. The answering Defendant incorporates herein by reference her answers to Paragraphs Nos. 1 through 10 above as though fully set forth herein at length. 12. Denied. Including subparagraphs (a) through (f) are denied pursuant to Pa. R.C.P. 1029(e}. 13. Denied. It is specifically denied that Plaintiff has suffered any injury as a result of the alleged accident. Further, Plaintiff has not suffered a significant impairment of bodily function, nor has Plaintiff been permanently disfigured. 14. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e) . 15. Denied. R.C.P. 1029(e) . 16. Denied. R.C.P. 1029(e) . 17. Denied. R.C.P. 1029(e) . 18. Denied. R.C.P. 1029(e) . 19. Denied. R.C.P. 1029(e) . This paragraph is denied pursuant to Pa. This paragraph is denied pursuant to Pa. This paragraph is denied pursuant to Pa. This paragraph is denied pursuant to Pa. This paragraph is denied pursuant to Pa. WHEREFORE, the Defendant, Donna Nye, respectfully requests that Plaintiffs, Complaint be dismissed with prejudice, and that judgment be entered in her favor. COUNT II - LOSS OF CONSORTIUM ~REGORY M. MATTY v. DONNA NYE 20. The answering Defendant incorporates herein by reference her answers to Paragraphs Nos. 1 through 19 above as though fully set forth herein at length. 21. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e) . 22. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e) . WHEREFORE, the Defendant, Donna Nye, respectfully requests that Plaintiffs, Complaint be dismissed with prejudice, and that judgment be entered in her favor. NEW~ATTER 23. That the Plaintiffs' injuries and damages were not caused by any acts, omissions or breaches of duty by Defendant Donna Nye. 24. That any damages the Plaintiffs may be entitled to recover in this action are limited to those damages which are recoverable under the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. ~1701, et seq. 25. The Plaintiffs have failed to state a cause of action for which relief can be granted. 26. That Plaintiffs, claims may be limited or barred by the Limited Tort Option, pursuant to 75 Pa. C.S.A. ~1705, et seq. 27. That the accident and any injuries sustained by the Plaintiffs as alleged, may have been caused in whole or in part by the negligence of third persons or entities not presently involved in this action. 28. That if it should be found that there was any negligence on the part of Defendant, which negligence is expressly denied, any such negligence was not a proximate cause of any damages to the Plaintiffs. 29. Any negligence on the part of the Defendant, which negligence is expressly denied, was not a substantial factor in causing the alleged injuries sustained by the Plaintiffs. 30. 31. emergency. That this accident may have been unavoidable. That this accident may have been caused by a sudden 32. That Plaintiffs, cause of action may be barred by the applicable Statute of Limitations. 33. That if the Plaintiffs suffered the injuries alleged in their Complaint, those injuries were caused in whole or in part by the negligence of Plaintiffs, and recovery in this action may be barred or diminished in accordance with the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. ~7102, et seq. 34. Plaintiffs may have assumed the risk of the injuries allegedly sustained. WHEREFORE, the Defendant, Donna Nye, respectfully requests that Plaintiffs' Complaint be dismissed with prejudice, and that judgment be entered in her favor. Respectfully submitted. GOLDBERG, KATZ~4AN & SHIPb~%N, P.C. Joh/~-Dino~ky, k~quVe Atgorney I.D. #78000 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 {717) 234-4161 Counsel for Defendant, Donna Nye VERIFICATION I, DONNA NYE, hereby acknowledge that I am a Defendant in this action; that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: ~Donna~ Nye ~'~ ] CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the /~ day of ~. , 2002, addressed to the following: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg P.O. Box 60337 Harrisburg, PA 17110 GOLDBERG, KATZMAN & SHIPMAN, P.C. oh~ R. ~ln0s~, Esq~re I.D.#: 78000 P.O. Box 1268 Harrisburg, PA 17108 Attorneys for Defendant Cooper Telephone: (717) 234-4161 80375.1 WENDY L. MATTY, and GREGORY M. MATTY, her husband, Plaintiffs DONNA NYE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-2607 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please substitute the attached Verification for the attorney's Verification in the recently filed Complaint in this matter. Thank you. DATE:, ~'( ,~--/~'Z._ HANDLER, HE. BERG, LLP By Matthew S. Crosby, Esq. Attorney I.D. #69367 P.O. Box 60337 Harrisburg, PA 17106 (717) 238-2000 Attorneys for Plaintiffs VERLFICATION THE UNDERSIGNED hereby verify that the statements in thc foregoing document are based on information that was gathered by counsel in preparation of this lawsuit. The language of thc above-named document is of counsel and not our own. We have read the said document and, to the extent that it is based on information that we gave to counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the contents of the said document is that of counsel, we have relied upon our counsel in preparing this Verification. THE UNDERSIGNED also understand that the statements therein arc made subject to the penalties of 18 Pa.R.C.P. 2252(d) C.S. Section 4904, relating to unsworn falsification to authorities. C~~ C~ SHERIFF ' S CASE NO: 2002-02607 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MATTY WENDY L ET AL VS NYE DONNA RETURN - REGULAR RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon NYE DONNA the DEFENDANT , at 1228:00 HOURS, on the 31st day of May at 20 ROLO COURT , 2002 MECHANICSBURG, PA 17055 DONNA NYE by handing to a true and attested copy of COMPLAINT & NOTICE REQUEST FOR PRODUCTION OF DOCUMENTS INTERROGATORIES and at the same time directing Her attention to the together with contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.59 Affidavit .00 Surcharge 10.00 .00 35.59 Sworn and Subscribed to before me this /~ ~-' day of ~ ~rothonotary So Answers: R. Thomas Kline 06/03/2002 HANDLER HENNING ROSENBERG Deputy Sheriff John R. Ninosky, F~quire I.D. #?8000 GOLDBERG, KATZMAN & ~, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant, Donna Nye WENDY L. MATTY and GREGORY M. MATTY, her husband, Plaintiffs Vo DONNA NYE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2607- CIVIL TERM CIVIL ACTION- LAW /UP.Y TRIAL DEMANDED PREREOUISITE TO SERVICE OF A SuBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with a copy of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice Of Intent, including the proposed subpoenas, are attached to this Certificate; (3) There is no objection to the subpoena and the twenty day role has been waived; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of ~LDB~G,~TZMAN&SHIPMAN Date: V~o~ ~ ~rmo~-~, ~.~q~ I.D. No. 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 717-234-4161 Attorneys for Defendant lohn 1~ Nfi~osky, Esquire I.D. #78000 GOLDBERG, KAT~ 320 ~ket S~et P.O. Box 1268 ~b~g, PA 17108-1268 (71D 2344161 Counsel for Defendant, Donna Nye WENDY L. MATTY and : GREGORY M. MATTY, : her husband, : Plaintiffs : DONNA NYE, Defendant To: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2607 - CIVIL TERM CIVIL ACTION- LAW JURY TRIAL DEMANDED .NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND TIllNGS FOIl DISCOVERY PURSUANT TO RULE 4009.21 Wendy L. Matty, Gregory M. Matty and Matthew S. Crosby, Esquire Handler, Henning & Rosenberg P.O. Box 60337 Harrisburg, PA 17110 PLEASE TAKE NOTICE that Defendant intends to serve six subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. GOLDBERG, KATZMAN & SHIPMAN Date: By. osky, Esquire I.D. No. 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 717-234-4161 Attorneys for Defendant C~TH OF P]~~ COUNTY OF O3MB~mAND WEND¥ L. MATT~ a~td GREC~)Ry M. MATTY, her husbaud, Plaintiffs %,. DONNA NYE. Defendant Fi)e No. : : : 02-2607 CIVIL TERM TO: Harrisbur_~g~Hos__~_ital (N~pe~son o~ Entity) Within twenty (20} days afte~ service of this subpoena, you a~eo~de~edby the ~rt to pr~uce the fo)I~ing ~ts ~ things: ~ all )edical records correspondence, r~s ~d d~gD~~!t result~g_t° ~ SS~: 122-56-210~)~ L. at ~ldber a ~ &~ ~rket SA~.O~ B~ 1268 ~rrisbur PA 17108 Y~ ~Y de)iv~ ~ ~i) )egib)e ~ies of the ~nts this sub--a, t~eth~ with ~he c~tificate of ~]i~ce to the P~ty~kimg this r~uest at the add~ess listed ~ve. Y~ have the Pi~t to s~ in advice the measly)e cost of p~ep~in~ the ~ies o~ P~UClng the things s~ht. If y~ fail ~ Pn~uce the %ts ~ things re~ired by ~is sub~ within tw~ty (20) days aft~ ils s~vice, ~e P~ty senving this sub~r)a ~,~e)lir;g y~ ~ ~ly wi~ it. ~IS ~ WAS IS~ AT ~E RE.ST ~ ~ F~L~I~ PER~: ~:_ J~ R. N~n~,~u~re ~ESS: P.O. Box -~F~ PA 17108 ~LEP~E:~lTT234_4~61 ~R~T ID~7~ A~NEY F~: defead~t BY THE Pr°th°n°~/dI~d~ Civi-~ Division D~ty (Elf. 7/97) ~TH OF Pm~-~L~ ~ OF ~ 14END¥ L. MATT~ ~nd : GREGORy H. MATTY, her husband, : v. Plaintiffs : : Fi ]e No. .- .- Defendant 02-2607 CIVIL TERM rO~ DI_SOOVERY m~,,2-~__"=~'~ ~ tHINGS -- ~ ~'°~-h JO ~E 4009~ 2~- TO: ~~~ ~u ~e~v~~ {N~ P~s~ ~ Entity) Within tw~ty (20) days after s~vice of this sub--a, y~ ~e ~d~ by ~e ~rt to pr~uce the fo))~ing ~ts ~ things: ~a al~.)edical ~e~ c~adeace' r e~ s ~d di~osti~s SS~=., ] ~R-56_-2~ ~ ~l~s er~a~ ~Y L. ~ (~B: 9129169; -- ~h~=~20 ~rket S[~P.O. Box 1268~.a~~~ ~- - 0< ~ess) 8- ~- Y~ ~Y de]~v~ ~ ~f] legible C~es of the ~ts o~ p~oduce th{ngs ~equested by thfs sub--a, t~eth~ w{th _~he c~tff~cate of ~]~ce to the p~ty ~k~ng thfs r~uest at the add~ess lfsted ~e.. y~ have the ~{~t ~o s ' {n adv~c~ the ~eas~]e cost oF prepping the ~ies or pr~uc]n9 the things s~ght. ~k If y~ fail ~ pr~uce the ~nts w things re~ir~ by ~is sub~ within tw~tv (20) days aft~ its s~vice, the p~ty serving this sub--ha ~y s~k a :rt wd~ ~a~elIir~ y~ ~ ~ly with it. ~IS ~ NAS I S~ AT ~ RE. sT ~ ~ F~L~I~ PER~: ~: JoJ g. Ninos~. Esquire ~LEP~4E: 717-234-4161 ~ ~R~ ~T ID ~ 78~0 AU~U F~: de,enact BY ~ OOURT: Pr°th°r)°ta~y~Je?~J~, Civi) Division Deputy (Elf. 7/97) ~TH OF PI~IS~LVANIA I~NDy L. RATTY ~ltd GREGORy lq[. RATTy, her husband, Plaintiffs Defendant Fi ]e No. .. : 02-2607 CIVIL TER~ _S~_~_P~NA--,T._O_ PRCXXt:I~ DOCUMENTS OR -- FC~ DISQ3V~RY m,~-,,.;-~ ~_ H'IIN('~S~ ...... r~,-~,~m 40 RULE 4009.22 TO: -2~ H~alth~ica1 Therapy at Fredertcksen (Name of Person or Entity) Within twenty (20) days afte~ service of this subpc~na, you a~e ocde~ed by the court to produce the followir~ doccm~ts o~ things: ~luifl a~ll__.~dical records, corr____~esD~o~ r__eO~s a~_d~di~g~_o__st___ic__t~!t results~p-~r~t-° ~S#: 122-56-2106). I,~NDy L. RA~___~T'I~ (~-~B~:9/~29/6~9; at Goldber zman hi man._~320 I~arket $[~P.O~.Box 1268 ltarrisbur PA _ 17108 (Address) -- You may delive~ o~ mai] legible cooies of the doctn~nts o~ produce things requested Lh~s subpoena, tocjethe~ with above. You have the right to see to the Party making this request e~ the address listed the certificate of ocrnoli~nce~ in adva~.c~ the reasonable cost o~ prepa~in9 the ovl2ies or Produc]n9 the th]n9s sought. If you tail to Produce the ~nts c~ things required by this sublx~en] ~ithin t~enL¥ (20) days ette~ ils service, the pa~¥ serving this subpoer~amay seek a couvL o~de~ co~Sellir~9 you to co~ly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: ADDRESS:_~O.~ox 126~ _]tarrisbur~_, P&~lT108 TELEPHONE: ?17-234-4]6~1 SUPREPEO3LIRT ID ~ 7800~0 A~-FORNEYFOR:_ defendant BY ~ COURT: Prothonotary/C ~7 Ci ~'1 _ ~~ Divisi~ ~ty (Elf. 7/97) coL~r~ OF ~ Ww__~Dy L. MAITy~td : GRECORy M. MATTy, her husband, : Plaintiffs : : File ~o. DONNA~, : fiefendant : 02-2607 CIVIL TEP~ ~_~o~avc~¥ PURSUANT TORL~L~E 400-9~.2~- TO: P---eaa-Rehabllitatio~Assoclates~_____ (Name of Person o~ Entity) Within twenty (20) days afte~ service of this subpoena, you a~e order'ed by the court to produce the fo) lowing documents oc things: __re~p_~rts an~d d__~_g~o__s~.L~c___~_~eE~a~ng to I~I~"L Y-Jk~ry (DOB: 9/29/~9; 85#: 122-56-2106). ~id all ~edtcal records cor~es~ndence, at ~d__~_~h~g~bet~n~0 Market SE~p.~B~ 1268 ~rrtsbur (4~v~ss) 17108 Y~ ~Y de]iv~ ~ ~i] legible C~ies of the ~nts or produce things requested by [h~s sOo~a, L~eLh~ wiLh [he c~[ifica[e of ~li~ce, ~uesL a[ Lhe add~ess 1/sLed ~e. Y~ have [he vi~L Lo s~ [o [he cosL of Pvep~jn$ Lhe ~Jes ov ~ucin~ Lhe [hJn~s s~hL. ~n adv~c~ Lhe eea~le If y~ fail ~ P~uce Lhe ~n[s ~ ~Jn~s ~e~j~ by ~s sub~ (20) ~ys afL~ J~s s~v/ce, Lhe p~y sevvJn~ LhJs sub.tm ~y s~k ~ ~[ ~d~ ~IS ~ WAS I S~D AT ~ RE. ST ~ ~: Jo~ R. N~os~_ Es"uir- ~ F~L~I~ PER~: ~ESS:-~ox 126~ ~rrisb~. [7108 ~LEP~{E:~lT~234-4161 ~R~ ~T ID A~NEY F~:~efend~t BY Th~ OOURT: Pr°th°n°~ta~y~le~; Civil Division Deputy (Elf. 7/97) O~TH OF PflqNSYLVANIA ~_a~TDy L. MATYYaml : GREGORy H. HA~-i-¥, her husband, : PLaintiffs : : File No. DONI~ NYE, : : : Defendant 02-2607 CIVIL TERM ~ - ~'---~.._~___.~_-~,,'N, JANT T0 FU,JLE 40~-~_..~22_' TO: Family Medicin__~_e Ce_nter of Cumberland Valley (Name~'~ Pea'son c~ Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the fol lo~in9 documents or things: ~an~ md all medical rec°rds_~_correspondence, r__e~p_orts and d_i_ag~_o~st__~c~te~S~taininm ~SS#: 12-_~2-56~-210~), ---- Ko WEND~ ~. ma'rl-f (__DOB: 9/2__9/69; at~, al~_t~Shi~n, 3-~20Mark___~et ~P.O. Box 1268 Har~A 17108 ~ (Address) You my deliv~ ~ ~i) legible ~ies of the ~nts ~ produce things requested by ~his sub--a, t~eth~ with _~he c~tificate of ~v)i~ce to the p~ty ~king this r~uest et the address listed ~e. Y~ have the ri~t to s~' in advice the reas~le cost o~ prepping the ~ies or Pc~ucmg the things s~ght' k If Y~ fail ~ Pr~uce the ~nts ~ things re~ir~ by this sub~ within t~ty {20) ~ys aft~ i~s z~vice, the p~ty serving this sub~na~y seek a ~rt ~d~ ~,~ellir:g y~ ~ ~ly with it. ~IS ~WAS IS~ AT ~ RE. ST ~ ~ F~L~I~ PER~: ~E~: ~.O. ~ox 1268 ~rris~urg, p~ 17108 ~LEP~4E: 717-234-41~ ~R~ ~T mD ~78~ A~NEY F~:jefead~t OATE: BY ~ O3(.J~T: Pr°th°n°ta~YTC~l e~k7 Ci~v i l Division Deputy (Elf. 7/97) C~TH OF P/IqNSYLVANIA ~3~Dy L. NATI~ and G~ECOR¥ M. NATTy, her husband, v. Plaintiffs DONNA NYE, Defendant : Fi le No. : : : 02-2607 CIVIL TO: _ Seidel Uo~ital ~S~BPO6N~ TO 5~OOUC~ vocals ~ ,, {u RULE 4009.22 (N~ Per'son or' Entity) Within twenty (20) days afte~ service of this subpoena, you a~eo~de~ed by the COUrt to produce the following do<x4ne~ts o~ things: ~_a~d a~II__.)edical records, corr____~gndeuce' re.p_q~s ~and d~_a§¥o__st__~c test results pertain/nE to SSi: 122-56~__ ~ }/ENI)y L._NA~9/29/6_.__~9' .... ~_ at ~tz~an~iLSh~j~n, 3~O Harke ~arl~et S~.p~_~O. Box 1268 Harrisbur p~ (Address) 17108 _ ¥o~ may de]ive~ o~ mai] legible cooies of the docu~eflts om pmoduce things requested by this subpoena, togethe~ with ~he certificate of cctv;lance to the pa~tymaki~g this request at the address listed above. You have the night to see( in cost of Pnepamin9 the copies o~ D~ducin~ the thinss sought advam, ce the reasonable {f You fai! to P~oduce the doc~ne~ts c~ thi~s reclu~ned by this subooen~ within twenty (20) days afte~ its service, the Dairy serving this subpo~',ama¥ seek a cou~t o~de~ cc~ellir:g you to c~,.ly with it. THIS SU~PO(ENAWA$ ~SSU~DAT ~ REQ~NESTOF THE FOLLOW~N~ PERSON: ~baJ~E: Joh~i. Ninosk~, ~squire ADO~ESS:__p_~. Box 126~ -IIa_rrisbur~_,..p~A~17108 TELEPHONE: 717-23~-4161 SUPREI~E COURT ID #-~00_00 AI-~OI~/E¥ FO~:_ defendant Se~l of the cour--~-- ~ BY THE OOURT: ~~Oi~ Division Deputy (Elf. 7/97) CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, certified, postage prepaid, at Harrisburg, Pennsylvania, on the_ {c/~t/a day of_ A[~.~t4j7c , 2002, addressed as follows: Matthew S. Crosby, Esquire Handler, I-Ienning & Rosenberg P.O. Box 60337 Harrisburg, PA 17110 GOLDBERG, KATZMAN & SHIPMAN, P.C. lohn R. Ninosky, Esquire v I.D. #78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant GERTIFICATE OF SERVI~ I HEREBy CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, certified, postage prepaid, at Harrisburg, Pennsylvania, on the _ ~ r'd day of ~ 2002, addressed as follows: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg P.O. Box 60337 Harrisburg, PA 17110 GOLDBERG, KATZMAN & SI-~PMAN, P.C. N'mosky, Esquire I.D. #78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant John R. Ninosky, Esquire I.D. #78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 ' Harrisburg, PA 17108-1268 (717) 2344161 Counsel for Defendant, Donna Nye WENDY L. MATTY and GREGORY M. MATTY, her husband, Plaimiffs DONNA NYE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2607 - CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoen~ for documents ~nd things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with a copy of the subpoena attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoena were sought to be served; (2) A copy of the Notice Of Intent, including the proposed subpoena, is attached to this Certificate; (3) (4) There is no objection to the subpoena and the twenty day role has been waived; and The subpoenas 'to be served are identical to the subpoenas attached to the Notice Of Intent. GOLDBERG, KATZMAN & SHIPMAN I.D. No. 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 717-234-4161 Attorneys for Defendant John R. Ninosky, Esquire I.D. #78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 2344161 Counsel for Defendant, Donna Nye W~NDY L. MATTY and GREGORY M. MATTY, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2607 - CI¥IL TERM CIVIL ACTION - LAW DONNA NYE, Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR .DISCOVERY PURSUANT TO RULE 4009.21 To~ Wendy L. Matty, Gregory M. Matty and Matthew S. Crosby, Esquire Handler, Henning & Rosenberg P.O. Box 60337 Harrisburg, PA 17110 PLEASE TAKE NOTICE that Defendant intends to serve a subpoena identical to the one that is 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. GOLDBERG, KATZMAN & sI-m~MAN Date: ~/q/tg_~ By Jghn R. Ninosky, Esquire I.D. No. 78000 ~ 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 717-234-4161 Attorneys for Defendant W-ENDy L. I~&TTY and . ~TH OF P~qNSYLVANIA GREGORY lq. HATTY, her husband, Plaintiffs V. DONNA NYE, Defendant : Fi le No. : : : 02-2607 - CIVIL TERM SUB~ TO PRODUCE ~NTS OR THINGC; FOR DISOOVERY PURSUANT TO RULE 4009.22 TO: A/lstate Insurance Company (Name of Pe~sono~Entity) Within twenty (20) days after s~-vice of this subpoena, you a~e ccdePed by the court to produce the roi)owing documents o~ things: entire fJ~e__pertain~,~ to claimant Wendy claim ¢155409894403; DOA: 4/26/01; Allstate Insured: Ron~]d Paul A-drae. at Goldberg, Katzman & Shipman, 320 Market St., P.O. Box 1268, Harrisburg, PA 17108 (Address) You may deliver or mail ]e9ible copies of the doc~ts or produce things requested by this subpoena, to~ether with the certificate of cc~pliance, to the party making this request at the address listed above. You have the right to seek in adva~.ce the reasonable cost of preparing the copies or producing the things sought. If you fail tm:) produce the doctm~nts or things required by this subpoen~ within twenty (20) days after its service, the party serving this subpc~nam~y seek a court order COT~eltir:g you to comply with it. THIS SUBPOENA WAS ISSUED ATT HE REQUEST OF lliE FOLLOWING PERSON: NAME: JohuR. Ninosky, Esquire ADDRESS: P.O. Box 1268 Harrisburg~ PA__17108 TELEPHONE: 717-23414161 SUPREP[~COURT ID ~ 78000 ATTORNEY FOR: Defefidant Sea] of the (Elf. 7/97) CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, certified, postage prepaid, at Harrisburg, Pennsylvania, on the q Cid day of t~)/(~ , 2003, addressed as follows: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg P.O. Box 60337 Harrisburg, PA 17110 GOLDBERG, KATZMAN & SI-ti?MAN, P.C. By Jot~n R. Ninosky, Esquire ¥ I.D. #78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, certified, postage prepaid, at Harrisburg, Pennsylvania, on the l z~ 4-~ day of /V/tS£c~ ,2003, addressed as follows: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg P.O. Box 60337 Harrisburg, PA 17110 GOLDBERG, KATZMAN & SHIPMAN, p.C. Jol~ R. Ninosky, Esquire I.D. #78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (ZX) for JURY trial at the next term of civil court. ( ) for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) (check one) I,/ENDY L. t, tA't-l*~ and GREC-ORY N. NATI'¥, ( ) Assumpsit ( ) Trespass (X) Trespass (Motor Vehicle) ( ) (Plaintiff) (other) vs. VS. (Defendant) October 7, 2003 The trial list will be called on and November 3, 2003 Trials commence on October 15, 2003 Pretrials will be held on (Briefs are ,clue 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant tc, local Rule 214.1.) 02 2607 No. Civil 19 ___ Indicate the attorney who willtry case forthe pa~y whofilesl:his praecipe: John R. Ninosky, Esquire, 320 Market Street, Harrisburg, PA 236-4161 17108 Indicate trial counsel for other parties if known: 1300 Lin~lestown Road. P.O. Box 60337. gzrrl,h,r_o_. 238-2000 This case is ready for trial. 9/11/03 Date: John R. Ninosky, Esquire Print Name: Defendant Attorney for: CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true: and correct copy of the foregoing document upon all parties ox counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the /~ day of ~F/ , 2003, addressed to the following: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg P.O. Box 60337 Harrisburg, PA 17106 GOLDBERG, KATZMAN & SHIPMAN, P.C. BY joh~R. Nikko s~k y/,~/~q~ ~ r e I.D.#: 78000 P.O. Box 1268 Harrisburg', PA 17108 Attorneys for Defendant Cooper Telephone: (717) 234-4161 80375.1 14. Wendy L. Matty and Gregory M. Matty V Donna Nye IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2607 CIVIL TERM ORDER OF COURT AND NOW, October 7, 2003, by agreement of counsel, the above captioned case is hereby continued from the November 3, 2003 trial term. Counsel is directed to relist the case when ready. ~atthew S. Crosby, Esquire For the Plaintiff C hn R. Ninosky, Esquire or the Defendant Court Administrator ld George E. Hoffer, P.J. TO THE PROTHONOTA1; Please list th~ (Check one) ( ( CAPTION OF CASE (entire caption must be stated I~IqDY L. NATTY and GREGOR ~i. NA'rr't, VS. Y/OF CUMBERLAND COUNTY following case: ~X ) for JURY trial at the next term of civil court. ) for trial without a jury. in full) (check one) (Plaintiff) VS. (Defendant) ( ) Assumpsit ( ) Trespass (X) Trespass (Motor Vehicle) ( ) (other) The trial list vii be called on 12/ Trials cm~aence on January 12, 2004 Pretrialsvill be held on 12/17/03 (Briefs are due 5 days before pretx NO. O2 (The party listing this case for t~ provide forthwith a copy of the pti ali ca,ounsel, pursuant to local Rul 2607 C~fl 19 Date: Indicate the attorne John R. Ninosky, Indicate tri~ counst 1300 l.lnilesto*m This case is , who willtry case ~r the parW who files this praecipe: gsquire, 320 ltarket St., Barrisburg, PA, 17108 234-4161 for other partiesifknown: Natthe¥ S. Crosby, Esquire Wad, P.O. Box 60337, Earrisbur~, PA 17106 238-2000 10/28/03 :eady for trial. John R. tlinosky, Esquire Print Name: Defendant Attorney for: /03 als) ial shall ecipe to 214.1) WENDY L. MATTY and GREGORY M. MATTY, her husband, Plaintiffs VS, DONNA NYE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O2-26O7 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Donna Nye c/o John R. Ninosky, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 32O E. Market Street Harrisburg, PA 171 O8 Plaintiff intends to serve a subpoena identical to the one that is attached to this N~tice. 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: HANDLER, HENNING & ROSENBERG By:~ Matthew S, Crosby, Esquire Attorney I,D. # 69367 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff COMMONAVEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WENDY L. MATTY and GREGORY M. M/~rl'~, her husband, Plaintiffs VS. Defendant File No. 02-2607 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Farham Ins. Co., 507 N. York St., Mechanicsburg, PA 17055 (Name of Person or Entity) Witban twenty (20) days after service of this subpoena, you are ordered by the corox to produce the following documents or things: 7he entire file(s) pertaining to Erie Auto Ins. Policy No. 2061106045H (Named insureds: Gregory M. Matty and Wendy L. Matty), including but not limited to, a complete copy of the policy in question, all policy applications, endorsements, Declaration pages, and all fort-selection and/or coverage- selection forms and documents. at Handler, Henning & Rosenberg, 1300 Linglestown Rd., Harrisburg, PA 17110 (Address) You may deliver or mail legible copies of the documents or produce tl'ungs requested by this subpoena, together with the certificate of compliance, to the party, making this request at the address listed above. You have the right to seek in advance the reasonable cost of prepanng the copies or producing the things sought. If you fail'to produce the documents or thmgs required by this subpoena within twenW (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS iSSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Matthew S. Grosby, Esquire ADDR-ESS:19fl~ Lingl~ev~*m Harrisburg. TELEPHONE: 717-238-2000 SUPP._EME COURT ID # 69367 ATTORaNEY FOR: Plaintiff Seal of the Co]~ -- BY/,4-1E COURT: /'") I~puty WENDY L. MATTY and GREGORY M. MATTY, her husband, Plaintiffs VS, DONNA NYE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2607 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 14'h day of November, 2003, I hereby certify that I have, on this date, served the within Notice of Intent to Serve Subpoena, by sending a true and correct copy of same to the attorney of record and including copies to all parties of interest via first class mail, postage prepaid, as follows: John R. Ninosky, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 E. Market Street Harrisburg, PA 17108 HANDLER, HE~E~NI~~ & ROSENBERG Matthew S. Croshy, Esquire Attorney I.D. #69367 1300 Lingiestown Road Harrisburg, PA 17110 (717) 238-2000 #6 WENDY L. MATTY and GREGORY J. MATTY, her husband, Plaintiff v. DONNA NYE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 02-2607 CIVIL TERM Defendant : JURY TRIAL DEMANDED IN RE: PRETRIAL CONFERENCE A pretrial conference was held in the chambers of Judge Oler in the above-captioned case on Wednesday, December 17, 2003. Present on behalf of the Plaintiffs was Matthew S. Crosby, Esquire; present on behalf of Defendant was John R. Ninosky, Esquire. This is a negligence action for personal injuries arising out of a two-vehicle accident on June 1, 2000, in Mechanicsburg, Cumberland County, Pennsylvania, in which Defendant's vehicle rear-ended a vehicle driven by Plaintiff, Wendy L. Matty. Plaintiff Gregory J. Matty, sues for loss of consortium. Defendant concedes that her negligence caused the accident in question, but defenses include an absence of causation of the damages claimed and (because of Plaintiffs' limited tort status) absence of a serious impairment which would permit recovery of non-economic losses. This will be a jury trial in which each side, pursuant to an agreement of counsel, will have four preemptory challenges, for a total of eight. The estimated duration of trial is two days. To the extent that any deposition testimony will be shown or read to the jury and contains objections requiring rulings by the trial dourt, counsel are directed to furnish a copy of the affected transcript to the trial judge at least five days prier to the commencement of trial, with the areas of objections being pursued highlighted and with brief memoranda in support of their respective positions on the objections. Defendant has made a very nominal offer, and Plaintiffs have demanded a very substantial figure. It appears to the Court that settlement of the case is unlikely. John R. Ninosky, Esquire 320-E. Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 For the Plaintiff By the Court, Matthew S. Crosby, Esquire 1300 Linglestown Road Harrisburg, PA 17110 For the Defendant pcb WENDY L. MATTY AiqD : GREGORY M. MATTY, : HER HUSBAND, : Plaintiffs : DONNA NYE, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND cOUNTY, PENNSYLVANIA NO. 2002-2607 CIVIL TERM VERDI CT QUESTION #1 WAS DEFENDANT DONNA NYE NEGLIGENT? YES ~ NO QUESTION #2 WAS DEFENDANT'S NEGLIGENCE A FACTUAL CAUSE IN BRINGING ABOUT }{ARM TO PLAINTIFF WENDY L. MATTY? YES ~ NO IF YOU ANSWER QUESTION 2 ~NO," pLAINTIFFS CAiqNOT RECOVER. YOU SHOULD NOT ANSWER ANY FURTHER QUESTIONS AND SHOULD RETURN TO THE COURTROOM. QUESTION %3, STATE THE TOTAL AMOUNT OF ECONOMIC LOSS DAMAGES, PLAINTIFF WENDY L. MATTY SUSTAINED. $ IF ANY, YOU FIND 0 QUESTION %4 DID THE pLAINTIFF WENDY L. MATTY SUFFER SERIOUS IMPAIRMENT OF A BODY FUNCTION OR SUSTAIN SERIOUS PE~ENT DISFIGUREMENT AS A RESULT OF THE INJURIES SUSTAINED IN THE ACCIDENT ON JUNE 1, 2000? YES NO ~ IF Y0U ANSWER QUESTION NO. 4 "NO", PLAINTIFFS CANNOT RECOVER ANY NON-ECONOMIC DAMAGES. YOU SHOULD NOT ANSWER ANY FURTHER QUESTIONS AND SHOULD RETURN TO THE COURTROOM. QUESTION # 5 STATE THE AMOUNT OF NON-ECONOMIC DAMAGES, IF ANY, YOU FIND PLAINTIFF WENDY L. MATTY SUSTAINED. ~UESTION # 6 STATE THE TOTAL AMOUNT OF DAMAGES SUSTAINED BY PLAINTIFF GREGORY Mo MATTY IN CONNECTION WITH HIS LOSS OF CONSORTIUM CLAIM. JURY FOREPERSON 5 f~ FRANKLIN, I IARRY C. - ...... -212T~5623 117 ELLERMAN, LISA L -1905933544 '~1'28 BLOOR, ROY W -17344i2560~ 115 HANAWALT, ELIZABETH -i665418029 136 SHANK, CAROLYN -1432772541 !29 ~ TIIERKiLDSEN, MARK B 13!1953087 !18 T~A5, DONALDC JR -1~20601543 139 MURRAY, PHILIP R -865887946 406 -- P~BiN~ON, LiLL~E R. -81 ~ 143 BRANDT SHARON L. -660358971 142 VETOCK, DENNIS J -516277676 134 BASEHORE, DOROTHY K -468474547 121 PATNO, JUDITH -25561073 109 BINTAVIHOK, CH~STOP 49533789 ~, WEIDZNi iambic, uORO 79519175 141 HECKARD, ROSEMARY 682127999 127 BURKHOLDER, TRACEY 854605579 120 SHENK, MARGIE 1086177030 44~ MUSSER, DANIEL j 115S12207~ 132 SHEAFFER, JOHN A 1179962823 122 KNUTELSKY, JOAN 1225659556 130 HAZAN~ CALLIANNE S 1302754974 3 22 ~...~35 LEE, DONNA 13~ ~I~LKE, GEORGE R III ,/~ __!8.3_8_6_1~ 133 CANARD W. ~ 1552479740 105 HUNTER, JACK~ 1681835329 125 LOCKARD~ACK E. 207507~