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Home My WebLink About02-3887 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Frances E. Coffman 610 S. Broad Street Mechanicsburg, PA 17055 Plaintiff(s) & Address(es) No.0~..¢£t 120 Civil Action - (XX) Law ( ) Equity ROBERT A. TABLER WANDA J. TABLER 511 Mountain Road Dilisburg, PA 17019 Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue A Writ of Summons in the above-captioned action. X Writ of Summons Shall be issued and forwarded to.J )Attorney (XX)Sheriff David H Rosenberq, Esquire 1300 Linq estown Road David H R/~nberg Harrisbur,q, PA 17106 (717) 238-2000 Supreme Court ID No. 32298 Name/Address/Telephone No. of Attorney Date;. 2/21/2002 .WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTiFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Prot honet~ry Date: ('~j.~,,.~. IF, ~O0~z~ by ~.._~__ ~), ~ ( ) Check here if reverse is used for additional information ! ! Deputy PROTHON. - 55 SHERIFF'S RETURN - OUT OF COUNTY CASE N~: 2002-03887 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COFFMAN FP~ANCES E VS TABLER ROBERT A ET AL R. Thomas Kline duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: TABLER ROBERT A but was unable to locate Him in his bailiwick. deputized the sheriff of YORK County, serve the within WRIT OF SUMMONS , Sheriff or Deputy Sheriff who being search and He therefore Pennsylvania, to On August 27th 2002 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep York County 45.52 .00 82.52 So answer~ ~JJ~' / R. Thomas Klln~ J .- Sheriff of Cumberland County 08/27/2002 HANDLER HENNING ROSENBERG Sworn and subscribed to before me this ~ day of ~ ~2~ ~ A.D. Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE Ng: 2002-03887 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COFFNiAN FPJtNCES E VS TABLER ROBERT A ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: TABLER WANDA J but was unable to locate Her deputized the sheriff of YORK serve the within WRIT OF SUMMONS in his bailiwick. County, He therefore Pennsylvania, to On August 27th , 2002 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 08/27/2002 So answers~~. ...... ~R/ ThSma~ KlfnE Sheriff of Cumberland County HANDLER HENNING ROSENBERG Sworn and subscribed to before me this ~ day of ,~¢4:, g.~ A.D. ~ ' Prothonotar~ & I of 2 YORKTOWNE BUSINESS FOMRS · (71'7) 225-0363 · FAX (717) 225-0367 COUNTY OF YORK OFFICE OF THE SHERIFF 28 EAST MARKET ST, YORK PA 17401 1 PLAINTIFF/S/ Frances E. Coffman 3. DEFENDANT/S/ Robert A. Tablet et al SERVE SERVICE CALL (717) 771-9601 SHERIFF SERVICE I INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE I THRU 12 DO NOT DETACH ANY COPIES 4 ~TY¢~ OF ~VRiT' O-R Cb~PLAINT Writ of S~rmons 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION Of PROPERTY TO BE LEVIED, A~-i'ACHED, OR SOLD. Robert A. Tablet 6 ADDRESS (STREET OR RFC WITH BOX NUMBER, APZ NO., CITY, BORO, TWR, STATE AND Z~P CODE) AT 511 Mountain Road Dillsbur9, PA 17019 7. INDICATE SERVICE: ~ PERSONAL ~ PERSON IN CHARGE EJ DEPUTIZE Q 1ST CLASS MAIL ~ POSTED F.J OTHER ---- ~Z~'-~--- -- -- ~ OC~U~mN~T~ ?~~~..~nd~Ok2er~by deputize, the s~f · [8~ ?~.¢it.~ar.~:,;nake return according to law. Th~s deputization being made at the request and risk of the p a ntiff. ,/;'::'- ~;-,-i ~'"~'~-~'~ ~ 8 SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: SHERIFF Oh ',/~COUNTY C~nberland OUT OF COUNTY CUMBERLAND ADVANCED FEE PAID BY SHERIFF NOTE: ONLY APPLICABLE ON WR T OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within wnt may leave same without a wa chman in custody of whomever is found in possession after notifying person of levy or attachment without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any proper~y before sheriffs sale thereof. 9. TYPENAMEandADDRESSofA7%ORNEY/ORIGINATORandSlGNATURE 10 TELEPHONE NUMBER 11 DATEEILED DAVID H. ROSENBERG 1300 LINGLESTOWN RD. HARRISBURG, PA 17106 238-2000 ~8-15-02 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be cOmpleted if notice is to be mailed} CUMBERLAND CO. SHERIFF SPACE BELOW FOR USE OF THE SHERIFF -- DO NOT WRITE BELOW THIS LINE 13. I acknowledge receipt of the wdt 14 A RE IVED 15 E pi ati earing Date or complaint as indicated above.R. ~~IVED ~ __ -~ ~ __ ~n~H 16, HOWSERVED: PERSONAL( ) RES~-DENCE(~ ~OSTED( ) POE( ) SHERIFF'SOFFICE( ) OTHER(~ ~ 17 ~ I hereby ~i~ and return a NOT FOUND bemuse I am unable to Io~te the individual company, etc, name above (S~ re~s ~low) 18 ~A~iV~ADD~S~HEREiF~TSHO~ABOVE(Relat,onsh,ptoDefendant) ~20 ~meofSe~,ce -- ' , - ~.""~"~: .... ' ' ' -- ~ ~ ~ ~ J I I I I I I I J · Advance Costs J24 Service C°sts125 N/Fl26' Mileage 127 P°stage 28 SubTotal 29. Poundl 30 Nota~ 131. Surchg 32TotCosts 33 CostsDueor 3lchecJkN , 75.00 I 24.00I I 17.52 I I 41.5 I I 4 m 4~,~? ,~ ,,~¢ ~316 :et rv~'c~ :Osls I 37 N°{a~ ~rt: ' 1 38 ' Mileage/PoJed/4N;f~F?u;AN, I30 T°tal ~O'ts ' ~0 ~'O'{~ Due or Refund ,-/' °' ~0' I ~K~OWLEDGE RECEIPT O~THE SHERIFPS RE~SlGN~URE 51 DATE RECEIVED ~ AUTHORIZED ISSUING AUTHORI~ ~D TITLE ~ . 1 WHITE- Issuing Authod~ 2. PINK - A~orney 3. CANARY - Sheri~s O~ce 4 BLUE Sheri~s ~ce YO R N~I*OWN E BUSINESS FOMRS · (7~7) 225-0363 · FAX (717) 225 0367 2of2 COUNTY OF YORK OFFICE OF THE SHERIFF SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1. PLAiNTIFF/S/ 3. DEFENDANT/S/ 28 EAST MARKET ST., YORK, PA 17401 Frances E. Coffman SERVICE CALL (717) 771-9601 4 TYPE OF WRIT OR COMPLAINT Robert A. Tabler et al Writ of SL~mons SERVE { 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATrACHED, OR SOLD· Wanda J. Tablet 6 ADDRESS (S I h(~b I OR RFC WITH BOX NUMBER, APT NO., CITY,, BORO, RNR, STATE AND ZIP CODE) AT 511 Mountain Road Dillsburg, PA 17019 7. INDICATE SERVICE: F.J PERSONAL ~ PERSON IN CHARGE J DEPUTIZE ,~,-~q~,R.,.,.,.~T,,_IyA~J~ 6.11ST CLASS MAIL E3 POSTED ~ OTHER INSTRUCTIONS PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DE'rACH ANY COPIES COURT NU BER NOW August ib 20 02 I, SHERIFF (~"~"-~--'~UNTY, PA, do hereby deputize the sheriff of York ' COUNTY to execute this~a~d. J3~ke return t~.~e~c, cordin§ to law. This deputization being made at the request and risk of the plaintiff. 8. SPECIAL ~NSTRUCTIONS OR OTHER IN FORMATION THAT WILL ASSIST IN EXPEDiTiNG SERVICE: C~mberland OUT OF COUNTY CUMBERLAND ADVANCED FEE PAID BY ~HERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN Any deputy sheriff levying upon or at~ching any p~pe~y under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or a achment, without liabili[~ on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9 TYPE NAME and ADDRESS of A%/ORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMSER 11. DATE FILED DAVID H. ROSENBERG 238-2000 8-15-02 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) CUMBERLAND CO. SHERIFF SPACE BELOW FOR USE OF THE SHERIFF -- DO NOT WRITE BELOW THIS LINE 13. 'acknowledgereceiptofthewrit R. AHRENS ~// 14 DATE RECEIVED lJ~. Expiratiod/HeadngDate or complaint as indicated above. 8-19- 02 9 - 14 - 02 ~6. HOWSERVED: PERSONAL( ) RESIDENCE(~"¢ POSTED( ) POE( ) SHERIFF'SOFFICE( ) OTHER(C``/ SEE REMARKS BELOW 17. Q I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc name above. (See remarks below.) ANDtT_IT(~ ~: INDIVIDUAL SERVED / LIST,~O D_~IESS HERE .IF NOT SHOWN ABOVE (Relationship to Defendant> T~. Oa~e of S~Service ~t A~TSIDatelT'm"I,Mi~I n IDatqTime[~'les-i~tt~'~Da~i.,~meiMesl In IDatel~m , ' I I · ' ' ~ ' -_ · e M~les In Da e ........ i,.s ~ I Date J ~me J M es n 23. Advance Costs 24 Service Costs 25 N/F 26 Mileage 34. Foreign Co.nty Costs J 35. Advance Costs I 36 Service Costs 41 AFFIRMED and subscribed to before me this 2~ MELISSA J, SHAFFER, City of York, York County Commission ~ECEIPT OF THE SHERIF ISSUING AUTHORITY AND TITLE 28 Sub Total 29 Pound 30. Notary 37. Notary Cert 38. Mileage/Posted/Nct Found 48. Signature of Foreign County Sheriff SIGNATURE 31, Surchg. 32. Tot. Costs 33. CostsDueorRe~und CheckNo. 39. Total Costs [ 40. Costs Due or Refund 47. p [ ~'~~ ,8-22-02 49 DATE 51 DATE RECEIVED 1. WHITE - Issuing Authority 2 PINK - Attorney 3 CANARY - SherifFs Office 4. BLUE - SherifFs Office FRANCES E. COFFMAN, Plaintiff ROBERT A. TABLER and WANDA J. TABLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3887 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR APPEARANCE TO: Prothonotary Please enter the appearance of Richard H. Wix, Esquire, of the firm of Wix, Wenger & Weidner, on behalf of the Defendants, Robert A. Tabler and Wanda J. Tablet, in the above-captioned matter. WiX, WENGER & WEIDNER Richard H. Wix, Esq., I.D. #07274 Attorneys for Defendants: 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: October 15, 2002 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FRANCES E. COFFMAN, : Plaintiff : V. : File No._ 02-3887 ROBERT A. TABLER and : WANDA J. TABLER, : pRA_ECIPE AND RU~.R TO FILE Defendants : X A COMPLAINT : A BILL OF PARTICULARS : : TO THE PROTHONOTARY/CLER/~ OF SAID COLrRT: Issue rule on Plaintiff to file a Complaint in the above case within twenty days after service of the rule or suffer a judgement of non pros. DATE: 10/15/2002 signature: Print Name: Richard H. Wix, Esq. Attorney for: Defendants Address: 4705 Duke Street Harrisburg, pA 17109-3099 Telephone No: (717) 652-8455 Supreme Court ID No.: 97274 '.ow, Cr_4 /L, 19 , RULE ISSUED A~VE. Prot-h~o-~&ry c Deputy (NOTE: File=in duplicate) PROTHON · - 1 2 .. FRANCES E. COFFMAN, Plaintiff V= ROBERT A. TABLER, WANDA J. TABLER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : : No. 02 - 3887~1~ : : Civil Action - Law .. . NOTICE You have been sued in court, if you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered agai~nst 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 LAVVYER 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, NOTIClA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas signuientes, usted tiene vienta (20) dias de plazo al partir de al fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona a por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se fefiende, ia corte tomara medidas y puede una orden contra usted sin previo aviso o notificacion y por cualquier queja o akuvui que es pedido en la peticion de demanda. Usted puedo parder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DIMERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEPONO A LA OFIClNA CUYA DIRECClON SE EMCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSSGUIA ASlSTENClA LEGAL. Cumberland County Court Administrator Cumberland County Courthouse. Fourth Floor Carlisle, PA 17013 Telephone (717) 240-6200 HANDLER, HENNING & ROSENBERG By: ~ Attorneys for Plaintiff FRANCES E. COFFMAN, Plaintiff ROBERT A. TABLER, WANDA J. TABLER Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . : No. 02 - 3887~1~ Civil Action - Law COMPLAINT AND NOW, comes the Plaintiff, Frances E. Coffman, by and through her attorney, HANDLER, HENNING & ROSENBERG, by David H. Rosenberg, Esquire, and makes the within Complaint against the Defendants, Robert A. Tabler and Wanda J. Tabler, as follows: 1. Plaintiff, Frances E. Coffman, is a competent adult individual currently residing at 610 South Broad Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, Robert A. Tabler, is a competent adult individual currently residing at 511 Mountain Road, Dillsburg, Cumberland County, Pennsylvania 17103. 3. Defendant, Wanda J. Tabler, is a competent adult individual currently residing at 511 Mountain Road, Dillsburg, Cumberland County, Pennsylvania 17103. 4. At all times material hereto, Plaintiff, Frances E. Coffman, was the owner and operator of a 1992 Mazda Protege. 5. At all times material hereto, Defendant, Robert A. -I'abler, was the operator of a 1998 Chevrolet S-10 Truck bearing Pennsylvania registration number ZK 32966 and said vehicle was owned by Defendant, Wanda J. Tabler. 6. At all times material hereto, Plaintiff, Frances E. Coffman, was insured by Horrace Mann Insurance Company and was covered by the full tort option. 7. On or about, September 24, 2000 at about 7:20 am, Plaintiff, Frances E. Coffman's, vehicle was traveling north in the left hand lane of State Route 15 in Cumberland County near Rossmoyne Road and Slate Hill Road and Plaintiff slowed for traffic stopped in front of her. 8. At approximately the same time and place, Defendant, Robert A. Tabler, was traveling northbound in the same lane of State Route 15 and was approaching the Plaintiff's slowing vehicle. 9. Near the intersection of State Route 15 and Slate Hill Lane, Defendant, Robert A. Tabler, failed to stop or slow down and Defendant's vehicle violently slammed into the rear of Plaintiff, Frances E. Coffman's, stopped vehicle. 10. At the point of impact, Plaintiff, Frances E. Coffman, was violently thrown around the interior of her vehicle causing her to be transported from the scene to the emergency room at Holy Spirit Hospital. 11. As a direct and proximate result of the negligence of the Defendants, Plaintiff, sustained extensive injuries as set forth more specifically below. FRANCES E. COFFMAN v. ROBERT A. TABLER NEGLIGENCE 12. Paragraphs 1-11 are incorporated herein as if set forth at length. 13. The occurrence of the aforementioned collision and all the resultant injuries to Plaintiff, Frances E. Coffman, are the direct and proximate result of the negligence, carelessness, and/or recklessness of the Defendant, Robert A. Tabler, generally and more specifically as set forth below: (a) In failing to be reasonably vigilant to observe the roadway and the position of PlaintifFs vehicle; (b) In failing to operate his vehicle under proper and adequate control so that he could have avoided PlaintifFs vehicle; (c) In disregarding the speed of vehicles, the condition of the highway, and the traffic upon the highway; '(d) In following Plaintiff's vehicle too closely in violation of 75 Pa. C.S.A. § 3310; (e) In failing to maintain proper and adequate observation of the existing traffic conditions; (f) In failing to keep a proper lookout for vehicles lawfully traveling upon State Route 15 North; (g) In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have his vehicle under such control that injury to persons or property could be avoided; and (g) In driving his vehicle upon a roadway in a manner endangering persons and property and in a manner with careless disregard to the rights and safety of others in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 14. As a direct and proximate result of the negligence of the Defendant, 3 Robert A. Tabler, the Plaintiff, Frances E. Coffman, has suffered extensive and serious personal injuries requiring medical treatment, including, but not limited to pain in her left hand, lower back pain, and neck pain. 15. As a direct and proximate result of the negligence of the Defendant, Robert A. Tabler, the Plaintiff, Frances E. Coffman, has suffered lost wages/income and will in the future continue to suffer a loss of income and/or loss of earning capacity. 16. As a direct and proximate result of the negligence of the Defendant, Robert A. Tabler, the Plaintiff, Frances E. Coffman, has suffered great physical pain, discomfort, and mental anguish, and she 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. 17. As a direct and proximate result of the negligence of the Defendant, Robert A. Tabler, the Plaintiff, Frances E. Coffman, has been compelled, in order to effect a cure for aforesaid injuries, to expend large sums of 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. 18. As a direct and proximate result of the negligence of the Defendant, Robert A. Tabler, the Plaintiff, Frances E. Coffman, has suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her great detriment and loss. 19. As a direct and proximate result of the negligence of the Defendant, Robert A. Tabler, the Plaintiff, Frances E. Coffman, has been, and probably will in the future be, hindered from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 20. Plaintiff, Frances E. Coffman, believes and, therefore, avers that her injuries are 4 permanent in nature. WHEREFORE, Plaintiff, Frances E. Coffman, seeks damages from Defendant, Robert A. Tabler, in an amount in excess of compulsory arbitration limits of Cumberland County. COUNT 2 - NEGLIGENT ENTRUSTMENT FRANCES E. COFFMAN v. WANDA J. TABLER 21. Plaintiff, Frances E. Coffman, incorporates and makes part of this Complaint paragraphs I through 20 above, as if the same were set forth fully below. 22. Defendant, Wanda J. Tabler, was the owner of the vehicle which Defendant, Robert A. Tabler, was operating with her permission at the time of the collision. 23. Defendant, Wanda J. Tabler, knew, or should have known, that Defendant, Robert A. Tabler, would be operating her vehicle without reasonable care and safety. 24. As a direct and proximate result of the negligence of Defendant, Wanda J. Tabler, the Plaintiff, Frances E. Coffman, has suffered serious bodily injury as set forth in full herein. 25. The occurrence of the aforementioned collision and all the resultant injuries to Plaintiff, Frances E. Coffman, are the direct and proximate result of the negligence, carelessness, and/or recklessness of the Defendant, Wanda J. Tabler, generally and more specifically as set forth below: (a) In allowing Defendant, Robert A. Tabler, to fail to be reasonably vigilant in observing the roadway and the position of Plaintiff's vehicle; (b) In allowing Defendant, Robert A. Tabler, to fail to operate his vehicle under proper and adequate control so that he could have avoided Plaintiff's vehicle; (c) In allowing Defendant, Robert A. Tabler, to disregard the speed of vehicles, the condition of the highway, and the traffic upon the highway; (d) In allowing Defendant, Robert A. Tabler, to follow Plaintiffs vehicle too closely in violation of 75 Pa. C.S.A. § 3310; (e) In allowing Defendant, Robert ^. Tabler, to fail to maintain proper and adequate observation of the existing traffic conditions; (f) In allowing Defendant, Robert A. Tabler, to fail to keep a proper lookout for vehicles lawfully traveling upon State Route 15 North; (g) In allowing Defendant, Robert A. Tabler, to fail to be continuously alert, in allowing Defendant, Robert A. Tabler, to fail to perceive any warning of danger that was reasonably likely to exist, and in allowing Defendant, Robert A. Tabler, to fail to have his vehicle under such control that injury to persons or property could have been avoided; and (h) In allowing Defendant, Robert A. Tabler, to drive his vehicle upon a roadway in a manner endangering persons and property and in a manner with careless disregard to the rights and safety of others in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 26. As a direct and proximate result of the negligence of the Defendant, Wanda J. Tabler, the Plaintiff, Frances E. Coffman, has suffered extensive and serious personal injuries, including, but not limited to pain in her left hand, neck pain, and back pain requiring surgical attention. 27. As a direct and proximate result of the negligence of the Defendant, Wanda J. Tabler, the Plaintiff, Frances E. Coffman, has suffered lost wages/income and will in the future continue to suffer a loss of income and/or loss of earning capacity. 28. As a direct and proximate result of the negligence of the Defendant, Wanda J. Tabler, the Plaintiff, Frances E. Coffman, has suffered great physical pain, discomfort, and mental anguish, and she 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. 29. As a direct and proximate result of the negligence of the Defendant, Wanda J. Tabler, the Plaintiff, Frances E. Coffman, has been compelled, in order to effect a cure for aforesaid injuries, to expend large sums of 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. 30. As a direct and proximate result of the negligence of the Defendant, Wanda J. Tabler, the Plaintiff, Frances E. Coffman, has suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her great detriment and loss. 31. As a direct and proximate result of the negligence of the Defendant, Wanda J. Tabler, the Plaintiff, Frances E. Coffman, has been, and probably will in the future be, hindered from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 32. Plaintiff, Frances E. Coffman, believes and, therefore, avers that her injuries are permanent in nature. WHEREFORE, Plaintiff, Frances E. Coffman, seeks damages from Defendant, Wanda J. Tablet, in an amount in excess of compulsory arbitration limits of Cumberland County. Respectfully submitted, HANDLER, HENNING & ROSENBERG By: ~' David H.,J~senberg, Esquire Attorne~'l.D. # 20569 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 15 Pa. C.S. Section 4904, relating to unsworn falsificatio authoHti_. ,~3~[?~o~a n Date: /0-/ FRANCES E. COFFMAN, Plaintiff ROBERT A. TABLER, WANDA J. TABLER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : : No. 02 - 388720 : : Civil Action - Law . CERTIFICATE OF SERVICE On this 18th day of October, 2002, I hereby certify that a tree and correct copy of Plaintiff, Frances E. Coffman's Complaint was served upon the following by depositing in U.S. Mail; Richard H. Wix, Esq. WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3090 rote: 9- Respectfully submitted, HANDLER, I-IENNING & ROSENBERG, LLP By:~~"~ David H Rj?g~nberg, Esq. I.D. # 20/5'69 1300 L/i/nglestown Road Harri~urg, PA 17110 (717~ 238-2000 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARL W. RUTHERFORD, : LESLIE ANN RUTHERFORD, : Individually and as Husband and Wife, : and JEANETTE RUTHERFORD, Individually, : Plaintiffs, : BURKHART'S INC., DONALD W. WILSON, GREGORY A. DAVIS, AND LOUANN SAYLOR, Defendants. Civil Action - Law No. 02-2887 Civil Term JURY TRIAL DEMANDED CERTIFICATE OF SERVICE. By: Brian J. Puhala, Esquire Fred Hait & Associates, P.C. The Wellington 17 East High Street, Ste. 101 Carlisle, PA 17013-3047 (Counsel for Plaintiffs) Thomas A. Lang, Esquire Peters & Wasilefski 2931 N. Front Street Harrisburg, PA 17110 (Counsel for Burkhart's Inc. and Donald W. Wilson) GRIFFITH, STRIC~KLER, LE~N, SOLYM~~~_~ THOMAS B. SPONAUGLE, ESQUIRE Supreme Court I.D. #64584 Attorney for Defendant, Gregory A. Davis 110 South Northern Way York, PA 17402 (717) 757-7602 Jefferson J. Shipman, Esquire Goldberg, Katzman & Shipman 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 (Counsel for Louann Saylor) AND NOW, this '¢ l~c day of 0C7~). ., 2002, I, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of Defendant Gregory Davis's Response to Request for Production of Documents of Defendants Burkhart's Inc. and Donald W. Wilson by United States Mail, addressed to the party or attorney of record as follows: FRANCES E. COFFMAN, Plaintiff ROBERT A. TABLER, and WANDA J. TABLER, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3887- CIVIL CIVIL ACTION-LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 19TM day of November of 2002, I hereby certify that I have, on this date, served the within Plaintiff's, Ms. Frances E. Coffman, Answers to Defendants Interrogatories Set ! and Set II and Request for Production addressed To Plaintiff, via first class mail by sending a true and correct copy of same to their attorney and including copies to all parties of interest as follows: Richard H. Wix, Esquire Attorney for Defendant Attorney ID# 07274 4705 Duke Street Harrisburg, PA 17109 HANDLF,~, HENNING & ROSENBERG By: 13avi~l~i Rosenberg, Esquir Att~ffn~y ID# 20569 1~00 Linglestown Road Harrisburg, PA 17108-1177 (717)238-2000 FRANCES E. COFFMAN, Plaintiff Vo ROBERT A. TABLER and WANDA J. TABLER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3887 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD Frances E. Coffman; and David H. Rosenberg, Esquire, Attorney for Plaintiff You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. Dated: 3/20/03 Respectfully submitted, WIX, WENGER & WEIDNER Richard H. Wix, Esq., ID# 07274 Attorneys for Defendant 4705 Duke Street Harrisburg, PA 1'7109-3099 (717) 652-8455 FRANCES E. COFFMAN, Plaintiff Vo ROBERT A. TABLER and WANDA J. TABLER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3887 CIVIL CIVIL ACTION - LAW · JURYTRIAL DEMANDED ,DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW comes the Defendants, by their attorneys, Wix, Wenger & Weidner and set forth the following Answer with New Matter to Plaintiff's Complaint. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Defendants are without knowledge as to Plaintiff's tort option, and proof thereof is demanded at the time of trial. 7. Admitted. 8. Admitted. 9. Denied as stated, however, it is admitted that Defendant Tabler's vehicle did strike the rear of the Plaintiff's vehicle. 10. Denied as stated. 11. Denied. 12. Defendants incorporate herein by reference their answers to paragraphs 1 through 11 of Plaintiff's Complaint. 13. Defendant Robert Tabler admits that he was negligent in causing the accident referred to in Plaintiff's Complaint. Defendant denies that said accident caused the injuries claimed by Plaintiff and proof thereof is demanded at the time of trial. 14. Denied. 15. Denied. 16. Denied. 17. Denied. 18. Denied. 19. Denied, 20. Denied. 21. Defendants incorporate herein by reference their answers to paragraphs 1 through 20 of Plaintiff's Complaint. 22. Admitted. 23. Denied. 24. Denied. 25. Denied. 26. Denied. 27. Denied. 28. Denied. 2 29. 30. 31. 32. 33. Denied. Denied. Denied. Denied. NEW MATTER Plaintiff's claims are barred in whole or in part by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. Dated: 3/20/03 Respectfully submitted, WIX, WENGER & WEIDNER Richard H. Wix, Esq., ID# 07274 Attorneys for Defendants 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 3 VERIFICATION I, Robert A. Tabler, have read the foregoing Defendant's Answer with New Matter to Plaintiff's Complaint which has been drafted by my counsel. The factual statements and/or denials contained therein are true and correct to the best of my knowledge, information and belief. I am authorized to make this verification. This verification is made only as to the factual averments contained therein and not to legal conclusions and averments authorized by counsel in his capacity as attorney for the party or parties hereto. This verification is made subject to the penalties of 18 PA. C.S. Section 4904, relating to unswom falsification to authorities which provides that, if l knowingly made false averments, I may be subject to criminal penalties. Date: Robert A. Tabler CERTIFICATE OF SERVICE AND NOW, this 20th day of March, 2003, I, Gaye Crist, an employee of the firm of Wix, Wenger & Weidner, attorneys for Defendants, hereby certify that I served the within Defendants' Answer with New Matter to Plaintiff's Complaint this date by faxing a copy of same addressed as follows: David H. Rosenberg, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 (233-3029) WiX, WENGER & WEIDNER GayeO~ist FRANCES E. COFFMAN, Plaintiff ROBERT A. TABLER and WANDA j. TABLER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3887 CIVIL CIVIL ACTION _ LAW JURY TRIAL DEMANDED N__OTICE TO PLEAri To: Frances E. Coffman; and David H. Rosenberg, Esquire, Attorney for Plaintiff You are hereby notified to plead to the enclosed New Matter within twenty ('20) days from service hereof or a default judgment may be entered against you. Dated: 3/20/03 Respectfully submitted, WIX, WENGER & WEIDNER By "'- ~ A"- : _, sq., ID# 07274 LLomeys tot Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 FRANCES E. COFFMAN, Plaintiff ROBERT A. TABLER and WANDA j. TABLER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3887 CIVIL CIVIL ACTION _ LAW JURY TRIAL DEMANDED TO PLAINTIFF'S COMPLAINT AND NOW comes the Defendants, by their attorneys, Wix, Wenger & Weidner and set forth the following Answer with New Matter to Plaintiff's Complaint. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Defendants are without knowledge as to Plaintiff's tort option, and proof thereof is demanded at the time of trial· 7. Admitted. 8. Admitted. 9. Denied as stated, however, it is admitted that Defendant Tabler's vehicle did strike the rear of the Plaintiff's vehicle. 10. Denied as stated. 11. Denied· 12. Defendants incorporate herein by reference their answers to paragraphs 1 through 11 of Plaintiff's Complaint. 13. Defendant Robert Tabler admits that he was negligent in causing the accident referred to in Plaintiff's Complaint. Defendant denies that said accident caused the injuries claimed by Plaintiff and proof thereof is demanded at the time of trial. 14. Denied. 15. Denied. 16. Denied. 17. Denied. 18. Denied. 19. Denied. 20. Denied. 21. Defendants incorporate herein by reference their answers to Paragraphs 1 through 20 of Plaintiff's Complaint. 22. Admitted. 23. Denied. 24. Denied. 25. Denied. 26. Denied. 27. Denied. 28. Denied. 2 29. Denied. 30. Denied. 31. Denied. 32. Denied. NEW MATTER 33. Plaintiff's claims are barred in whole or in part by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. Dated: 3~20~03 Respectfully submitted, WIX, WENGER & WEIDNER Richard H. Wix, Esq., ID# 07274 Attorneys for Defendants 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 3 _VERIFICATION I, Robert A. Tabler, have read the foregoing Defendant's Answer with New Matter to Plaintiff's Complaint which has been drafted by my counsel. The factual statements and/or denials contained therein are true and correct to the best of my knowledge, information and belief. I am authorized to make this verification. This verification is made only as to the factual averments contained therein and not to legal conclusions and averments authorized by counsel in his capacity as attorney for the party or parties hereto. This verification is made subject to the penalties of 18 PA. C.S. Section 4904, relating to unsworn falsification to authorities which provides that, ill knowingly made false averments, I may be subject to criminal penalties. Date: ,...~ I"J [~,~ Robert A. Tabler ~CERTIFICATE OF SERVICI" AND NOW, this 20th day of March, 2003, I, Gaye Crist, an employee of the firm of Wix, Wenger & Weidner, attorneys for Defendants, hereby certify that I served the within Defendants' Answer with New Matter to Plaintiff's Complaint this date by faxing a copy of same addressed as follows: David H. Rosenberg, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 (233-3029) WIX, WENGER & WEIDNER FRANCES E. COFFMAN, Plaintiff ROBERT A. TABLER and WANDA J. TABLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3887 CIVIL CIVIL ACTION - LAW PLAINTIFF'S REPLY TO NEW MATTER AND NOW, comes the Plaintiff, Frances E. Coffman by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP by David H Rosenberg, Esquire, and responds as follows: 33. Denied. This is a conclusion of law to which a response is not required. a response was required, this averment would be specifically denied. WHEREFORE, the Plaintiff respectfully prays this Honorable Court to enter judgment against the Defendant and in favor of the Plaintiff. If DATE Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Attorney for Plaintiff FRANCES E. COFFMAN, Plaintiff ROBERT A. TABLER, WANDA J. TABLER Defendants · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA : · No. 02 - 388720 : · Civil Action - Law CERTIFICATE OF SERVICE On this 24th day of March, 2003, I hereby certify that a true and correct copy of Plaintiff, Frances E. Coffman's Reply To New Matter was served upon the following by depositing in U.S. Mail; Richard H. Wix, Esq. WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3090 Date: Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP ? David H Rj~enberg, Esq. I.D. # 20/ff69 1300 Lihglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff FRANCES E. COFFMAN, Plaintiff ROBERT A. TABLER, and WANDA J. TABLER, Defendants · IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-3887-CIVIL · CIVIL ACTION - LAW ORDER AND NOW, this day of , 2003, upon consideration of Plaintiff's Objection to Subpoena Pursuant to Rule 4009.21, and Defendants' response, it is ordered that the Defendants' Subpoena seeking attorneys records is quashed. BYTHECOURT: Jo FRANCES E. COFFMAN, Plaintiff ROBERT A. TABLER, and WANDA J. TABLER, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-3887-CIVIL CIVIL ACTION - LAW PLAINTIFF'S OBJECTION TO SUBPOENA PURSUANT TO RULE 4009.21 AND NOW, comes the Plaintiff, Frances E. Coffman, by and through her Attorneys, HANDLER, HENNING & ROSENBERG, by David H Rosenberg, and respectfully petitions this Court pursuant to Pa. R.C.P. 4009.21 objecting to the proposed subpoena which seeks records in which there is an attorney/client privilege involved between the Plaintiff and her previous counsel, and in support of this petition represents: 1. This action arises from a motor vehicle incident that occurred on August 24, 2000, in Cumberland County, Pennsylvania. 2. The Defendants, Robert A. Tabler and Wanda J. Tabler, seek records from Plaintiff's prior legal counsel concerning a previous automobile crash involving Plaintiff. 3. The Defendants seek the entire file without limitations. 4. Plaintiff has not consented to any such disclosure of any of her past communications with her previous counsel. 5. Disclosure of the entire attomey's file would provide defendants with privileged information which is strictly protected by the attorney-client privilege between Plaintiff and her previous counsel. 6. Plaintiffpetitions this Honorable Court permit this objection because the additional discoverable records that Defendants seek can be easily obtained otherwise without having to obtain an attorney's file. WHEREFORE, Plaintiff, Frances E. Coffrnan, respectfully requests that this Honorable Court sustain Plaintiff's objection and strike Defendants' service of a subpoena in this case upon Plaintiff's prior counsel for Production of their file. t/-tq-'o3 Respectfully submitted, HANDLER, HENNING & ROSENBERG By ~nberg, Esquire I.D. Nfl. 20569 130j)d_,inglestown Road P.O. Box 1177 Harrisburg, PA 17110-1177 (717) 238-2000 Attorney for Plaintiff FRANCES E. COFFMAN, Plaintiff ROBERT A. TABLER, and WANDA J. TABLER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3887- CIVIL CIVIL ACTION - LAW CERTIFICATE OF SERVICE On the 17th day of April, 2003, I hereby certify that a tree and correct copy of Plaintiff's Objection to Subpoena Pursuant to Rule 4009.21 was served upon the following by depositing in U.S. Mail; Richard H. Wix, Esq. Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109 Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: By: inberg, Esq. own Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff FRANCES E. COFFMAN, Plaintiff IN THE COUR:T OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 02 - 3887 ROBERT A. TABLER, WANDA J. TABLER Defendants Civil Action - Law PRAECIPE TO THE PROTHONOTARY: Please mark the Docket in the above captioned matter as Settled, Discontinued and Satisfied. HANDLEf;t, HENNING & ROSENBERG, LLP BY: DATE: :J /ro fa ~ osenberg, Esq. 1300 nglestown Road Harrisburg, PA 17110 Tel. No.: 717-238-2000 Supreme Court !D No. 20569 Attorneys for Plaintiff 7'" ?? .. :>:- . ~ ~ ~ - IS' AO % r;? .c:- cP -