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Home My WebLink About02-4269 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER WHEELER Plaintiff VS. HAROLD JAMES STEGEMAN, and BRUCE DeGROAT d/b/a DeGROAT FAMILY FEED YARD Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO DEFEND AND CLAIM RIGHT,~ You have been sued in Court. If you wish to defend against thc claims set forth in the following pages, you must take action within twenty (20) days after this notice and pleading 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 pleading or for any other claim or relief requested by thc 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, Pennsylvania 17013 Telephone (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER WHEELER Plaintiff VS. HAROLD JAMES STEGEMAN, and BRUCE DeGROAT d/b/a DeGROAT FAMILY FEED YARD Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe romar accion dentro de veinte (20) dias a panir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o pot abogado y presentar en la Cone pot escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Cone puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclarnados por el Demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER WHEELER : NO. ~.'2 -- ,q26c~ Plaintiff VS. HAROLD JAMES STEGEMAN, and BRUCE DeGROAT dPo/a DeGROAT FAMILY FEED YARD Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, this 6th day of September, 2002, comes the Plaintiff, Heather Wheeler through by her attorney, DOUGLAS R. BARE, Esquire, and files this Complaint: 1. The Plaintiff, Heather Wheeler, (hereinafter called "PlaintifF') is an adult citizen of the State &New York, currently residing at 1819 Borroughs Road, Colwesville, NY 14037. 2. The Defendant, Harold James Stegeman, is an adult individual residing at Rural Route Two, 185 First Street West, Montevideo, MN 56265-9802. 3. The Defendant Bruce DeGroat d/b/a DeGroat Family Feed Yard, is an adult individual and/or other business entity located at 540 Mound Avenue South, Balaton, Minnesota, 56115-1062. 4. The facts and occurrences hereinafter related took place on September 11,2000 on Interstate 581 west bound just before the Camp Hill Exit in Cumberland County, Pennsylvania at approximately 7:15 p.m. 5. At all times relevant hereto, PlaintiffHeather Wheeler was the driver ofa 1993 Ford Explorer bearing Pennsylvania registration number BMX3925. At all times relevant hereto, Defendant Harold James Stegeman was the operator of a commercial truck used for the benefit of Bruce DeGroat and DeGroat Family Feed Yard At all times relevant hereto, Plaintiff Heather Wheeler was covered by full tort under Pennsylvania Law. 8. The Plaintiff's damages, are in excess of the jurisdictional amount and authority of mandatory arbitration and a jury trial is hereby demanded. COUNT I - NEGLIGENCE Heather Wheeler vs. Harold James Stegeman Paragraphs one (1) through seven (8) are incorporated by reference as if set forth fully hereunder. 10. At or about the aforementioned date and time, the Plaintiff Heather Wheeler was the driver of a 1993 Ford Explorer. Ms. Wheeler was traveling in the left lane on 581 West Bound just before the Camp Hill Exit in Cumberland County, Pennsylvania. 11. While the Wheeler vehicle was properly in her lane of travel, the Defendant ,Harold James Stegeman, driver for DeGroat Family Feed Yard, drove into Plaintiff Wheeler's lane of travel, striking her vehicle on the fight side. Said accident was directly and proximately caused by the negligence, carelessness, and recklessness of the Defendant, Harold James Stegeman, which consisted of, but was not limited to, the following: a) b) c) d) e) Operating said motor vehicle without due regard to the rights, safety, and position of Plaintiffs vehicle; Failing to have said vehicle under proper control so as to prevent the same from colliding with Plaintiffs vehicle; Failing to keep a proper lookout for other vehicles lawfully on the road; Failing to operate said vehicle with due regard for the highway and traffic conditions which were then and there existing and of which he was or should have been aware; Failing to take evasive action in order to avoid impacting the Plaintiffs vehicle; f) Failing to operate said vehicle entirely within a single lane and/or moving from the lane before first ascertaining that the movement could be made with safety in violation of 75 Pa.C.S.A. § 3309(1); and g) Violating 75 Pa.C.S.A. §3714 by driving said vehicle in careless disregard for the safety of persons or property. 13. Said accident resulted solely from the carelessness, recklessness, and negligence of the Defendant and was in no way the result of any act or failure to act on the part of the Plaintiff. 14. As a direct and proximate result of the Defendant's negligence, carelessness, and recklessness, Plaintiff has sustained personal injuries resulting in serious impairment of bodily function which include, but are not limited to, the following: a) Physical injuries including a back and neck injupy; b) Pain and suffering; c) Mental anguish; d) Discomfort; e) Inconvenience; f) Distress; g) Loss of life's pleasures; h) Embarrassment and humiliation; i) An impairment of health and sense of well being; and 15. As a direct and proximate result of the Defendant's negligence, carelessness, and recklessness, Plaintiff has suffered, is suffering, and in the future will continue to suffer financial injuries which include, but are not limited to, the following: a) Past, present, and future medical expenses which have or may in the future exceed applicable legal limits; b) Incidental costs resulting from dealing with said injuries; c) Loss of earnings and earning capacity; and d) Loss of college scholarship and educational benefits. e) Additional educational costs, family expenses, and educational delay. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against the Defendants and in favor of the Plaintifffor compensatory damages plus costs and interest as allowed by law. COUNT II- VICARIOUS LIABILITY Heather Wheeler vs. Bruce DeGroat and DeGroat Family Feedyard 16. Paragraphs one (1) through fourteen (15) are incorporated by referenced as if set forth fully hereunder. 17. During Defendant Harold James Stegeman's careless conduct, he was an employee, agent and servant acting within his scope of employment for the benefit Brace DeGroat and the DeGroat Family Feedyard, and at their direction, supervision and control. 18. Defendant Brace DeGroat and the DeGroat Family Feed Yard are vicariously liable for the conduct and actions of Defendant Harold James Stegeman. WHEREFORE, Plaintiff Heather Wheeler respectfully request this Honorable Court to enter judgment against the Defendants for compensatory damages plus costs and interest as allowed by law. Date: September 6th, 2002 Respectfully submitted, C o t~t ~.~. ~qBo .~3~;~r're Attomey for Plaintiff 46 East Philadelphia Street York, PA 17401 (717) 854-1900 vERIFICATION I verify that the statements made in this ~ arc 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 is that of eouflscl and not my own. To lhe extent that thc contents are based upon information which I have given to counsel, it is true and c0tteCt to thc best of my knowledge, information and belief. To the extent that ~e contents arc that of counsel, I have relied upon my counsel in making this verification. I understand ~ha! false statements herein arc made subject to penalties of 18 PA C.S. §4904, rclaling to unswom falsification to authorities. Da~c: September 5,2002 Heather Wheeler SHERIFF'S RETURN - U.S. CASE NO: 2002-04269 p COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WHEELER HEATHER VS. STEGEMAN HAROLD JAMES ET AL CERTIFIED MAIL R. Thomas Kline Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,STEGEMAN HAROLD JAMES prepaid, RR2 on the by United States Certified Mail postage 9th day of S~eptember, 2002 at 0000:00 HOURS, at 185 FIRST STREET WEST MONTEVIDEO, MN 56265-9802 and attested copy of the attached COMPLAINT & NOTICE with a true Together receipt card was signed by RICHARD STEGEMAN 09/___ 3/2002 Additional Comments: The returned on Sheriff,s Costs: Docketing 18.00 Cert Mail 4.65 Affidavit .00 Surcharge 10.00 .00 32.65 Sheriff of Cumberland County Paid by DOUGLAs BARE Sworn and subscribed to before me this_ ~ day of~ 2~2_~A.D.' notary on 09/24/2002 SHERIFF'S RETURN - CASE NO: 2002-04269 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WHEELER HEATHER VS. STEGEMAN HAROLD JAMES ET AL U.S. CERTIFIED MAlL R. Thomas Kline Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,DEGROAT BRUCE DBA DEGROAT , FAMILY FEED YARD by United States Certified Mail postage prepaid, on the 9th day of September,2002 at 0000:00 HOURS, at 540 MOUND AVENUE SOUTH BALATON, MN 56115-1062 , a true and attested copy of the attached COMPLAINT & NOTICE Together with The returned receipt card was signed by MARY DEGROAT 09/20/2002 on Additional Comments: Sheriff's Costs: Docketing 6.00 Cert Mail 4.65 Affidavit .00 Surcharge 10.00 .00 20.65 Sheriff of Cumberland County Paid by DOUGLAS BARE Sworn and subscribed to before me this ~ ~ day of Q~¢~, P~ro~honot ary on 09/24/2002 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the mveme so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1..~e~ Addressed to: Bruce DeGroat d/b/a DeGroat Family Feed Yard 540 Mound Avenue South B~laton, ~N 56115-1062 7001 2510 0009 PS Form 381 1, August 2001 ~lAgent -- [] Addmssee B. Received C. D~t'e of Delivery D. Is delivery address different from item 1 ? [] Yes If YES, enter delivery address below: [] No 3. Service Type ~ Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 02-4269 civ 1017 8411 Domestic Return Receipt · Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attac~this card to the back of the mailpiece, or on the front if space permits. 1. ~'~icle Addressed to: Harold J~nes Stegeman Rural Route 2 185 First Street West Montevideo, Y~ 56265-9802 -'02. D. Isbellve~yaddr~esdiffemntffomiteml? [] Yes If YES, enter delivery address below: [] No 3. Service Type Z~ Certified Mail [] Express Main I [] Registered [] Return Receipt for Merchandise ]~[] Insured Mail [] C.O.D. __ 4. Restricted Delivery? (Extra F~e) [] Yes 7001 2510 0009 1017 8473 02-4269 civ PS Form 381 1, August 2001 Domestic R~u[n.~ Rec.~ipt~.i ;~ ~.~1~ :~ i~ 102595-01-M~381;~ '~ .~ ~ ~ RAWLE & HENDERSON LLP By: Timothy J. Abeel, Esquire By: Beth Castelli Fitt, Esquire Identification Nos. 23104/76781 The Widener Building One South Penn Square Philadelphia, PA 19107 (215) 575-4200 To Plaintiff: You are hereby notified to file a written response to the new matter within twenty (20) days from service hereof or a judgment may be entered against you. RAWLE & HENDERSON ~~astelli F itt, Eso~ Attomeys fbr Defendants HEATHER WHEELER Plaintiffs, HAROLD JAMES STEGEMAN and BRUCE DEGROAT d/b/a DEGROAT FAMILY FEED YARD COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No.: 02-4269 DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT Defendants, Harold James Stegeman, and Bruce iDeGroat d/b/a DeGroat Family Feed Yard, Inc., improperly referred to in the Complaint as DeGroat Family Feed Yard, by and through their attorneys, Rawle & Henderson LL?, Answer plaintiff's Complaint as follows: 0738432.01 1. Denied. Defendants are without information or knowledge sufficient to form a belief as to the troth of the averments contained in paragraph 1 of the Complaint, and therefore, said averments are denied. 2. Admitted. 3. Admitted in part; denied in part. It is adnfitted only that DeGroat Family Feed Yard, Inc. is a business entity. The remaining averments are denied. 4. Admitted in part; denied in part. It is admitted only that an accident occurred on September 11, 2000 on Interstate 81 West. The remaining averments are denied. 5. Denied. Defendants are without information or knowledge sufficient to form a belief as to the truth of the averments contained in paragraph 5 of the Complaint, and therefore, said averments are denied. 6. Denied. Paragraph 6 of the Complaint contain conclusions of law to which no responsive pleading is required. 7. Denied. Defendants are without information or knowledge sufficient to form a belief as to the troth of the averments contained in paragraph 7 of the Complaint, and therefore, said averments are denied. 8. Denied. Paragraph 8 of the Complaint contain conclusions of law to which no responsive pleading is required. 0738432.01 COUNT I - NEGLIGENCE HEATHER WHEELER v. HAROLD JAMES STEGEMAN 9. Defendants incorporate by reference their answers to paragraph 1 through 8 of the Complaint as though the same were set forth at length l~erein. 10. Denied. Defendants are without information or knowledge sufficient to form a belief as to the truth of the averments contained in paragraph 10 of the Complaint, and therefore, said averments are denied. 11. Denied. Defendants are without information or knowledge sufficient to form a belief as to the truth of thc averments contained in paragraph 11 of thc Complaim, and therefore, said averments are denied. By way of further answer, paragraph 11 of the Complaint contain conclusions of law to which no responsive pleadings are required. 12. (a - g) Denied. Defendants specifically deny any negligence, carelessness and recklessness, and strict proof thereof is demanded at trial. By way of further answer, paragraph 12 of the Complaint, including subparagraphs a - g, contain conclusions of law to which no responsive pleading is required. 13. Denied. Defendants specifically deny any carelessness, recklessness and/or negligence, and strict proof thereof is demanded at trial. By way of further answer, paragraph 13 of the Complaint contain conclusions of law to which no responsive pleading is required. 14. (a - i) Denied. The defendants specifically deny any negligence, careless and recklessness, and strict proof thereof is demanded at trial. By way of further answer, defendants are without information or knowledge sufficient to form a belief as to the truth of the averments 0738432.01 contained in paragraph 14 of the Complaint, including subparagu'aphs a - i, and therefore, said averments are denied. 15.(a - e) Denied. Defendants specifically deny any negligence, careless and recklessness, and strict proof thereof is demanded at trial. By way of further answer, defendants are without information or knowledge sufficient to form a belief as to the truth of the avem~ents contained in paragraph 15 (a - e), and therefore, said averments are denied. Moreover, paragraph 15 of the Complaint contain conclusions of law to which no responsive pleading is required. WHEREFORE, defendants, Harold James Stegeman, and Bruce DeGroat d/b/a DeGroat Family Feed Yard, Inc., respectfully request that this Honorable Court dismiss plaintiff's Complaint with prejudice, and deny the relief requested therein, grant judgment in favor of said defendants and against plaintiffs, and grant such other and further relief as this Honorable Court deems just and proper. COUNT II - VICARIOUS LIABILITY ItEATHER WHEELER v. BRUCE DEGROAT AND DEGROAT FAMII,Y FEEl) YARD 16. Defendants incorporate by reference their answers to paragraph 1 through 15 of the Complaint as though the same were set forth at length herein. 17. Denied. Defendants deny any carelessness, and strict proof thereof is demanded at trial. By way of further answer, paragraph 17 of the Complaint contain conclusions of law to which no responsive pleading is required. 18. Denied. Paragraph 18 of the Complaint contain conclusions of law to which no responsive pleading is required. 0738432.01 WHEREFORE, defendants, Harold James Stege~nan, and Bruce DeGroat d/b/a DeGroat Family Feed Yard, Inc., respectfully request that this Honorable Court dismiss plaintiff's Complaint with prejudice, and deny the relief requested therein, grant judgment in favor of said defendants and against plaintiffs, and grant such other and further relief as this Honorable Court deems just and proper. NEW MATTER 19. Plaintiff's Complaint fails to state a clain't upon which relief can be granted. 20. No admissions or conduct on the part of defendants contributed to plaintiff's damages, if any. 21. Plaintiff failed to mitigate her damages. 22. The damages complained of by plaintiff pre-existed, or are unrelated to, the accident which is the subject of this Complaint. 23. The negligence of plaintiff either bars plaintiff's right to recover completely, or reduces her claims based upon the extent of plaintiff's negligence under the Doctrine of Comparative Negligence. 24. Plaintiff's alleged damages, if any, were lhe result of an unavoidable accident or sudden emergency. 25. Plaintiff's alleged accident was proximately caused, in whole or in part, by the fault of third parties for whom answering defendants are not legally responsible. 0738432.01 26. Plaintiff assumed the risk of any damages or injuries, and therefore, her claims are barred or limited. 27. Defendants claim any and all defenses available to them pursuant to Pennsylvania's Financial Responsibility Law, 75 Pa.C.S.A. §1701, et sec. 28. Plaintiff' s claims are barred by the applicable statute of limitations. 29. Service of process was improper and/or insufficient. 30. This Honorable Court lacks personal jurisdiction over defendants. WHEREFORE, defendants, Harold James Stegeman, and Bruce DeGroat dgo/a DeGroat Family Feed Yard, Inc., respectfully request that this Honorable Court dismiss plaintiff's Complaint with prejudice, deny the relief requested t]herein, grant judgment in favor of said defendants and against plaintiff, and grant such other and further relief as this Honorable Court deems just and proper. Dated: I I /~ /O~ 0738432.01 VERIFICATION Beth Castelli Fitt, Esquire, hereby states that she is a member of the law firm ofRawle & Henderson LLP, attorneys for Defendants, Harold James Stegeman, and Brace DeGroat d/b/a DeGroat Family Feed Yard, Inc., that she is authorized to take this verification on behalf of said defendants. The undersigned verifies that she has read the within Answer with New Matter to Plaintiff's Complaint and that the same is tree and correct to the best of her knowledge, information and belief. The undersigned understands that the statements set forth in said answer are made subject to the penalties of 18 Pa. Cons. Stat. Ann. §4904 relating to unswom falsification to authorities. (~stelli Fitt,~e 0738432.01 CERTIFICATE OF SERVICE I hereby certify that on today's date I served a true and correct copy of the foregoing Answer with New Matter to plaintiWs Complaint by first-class mail, postage prepaid, upon all attorneys of record, addressed as follows: DATED: Douglas R. Bare, Esquire 46 East Philadelphia Street York, PA 17401 ~ERSON LLe y t..~¢th_ff~stellli Vitt, E~fquijk Attorneys fbr Deferl4,qffts RAWLE & HENDERSON L~.r By: Timothy J. Abeel, Esquire By: Beth Castelli Fitt, Esquire Identification Nos. 23104/76781 The Widener Building One South Penn Square Philadelphia, PA 19107 (215) 575-4200 Attorneys fi>r Defendants HEATHER WHEELER Plaintiffs, HAROLD JAMES STEGEMAN and BRUCE DEGROAT d/b/a DEGROAT FAMILY FEED YARD COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No.: 02-4269 ORDER TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of defendants, Harold James Stegeman, and Brace DeGroat d/b/a DeGroat Family Feed Yard, Inc., in the above-captioned action. RA ~ m ENDERSON Ltv /~othy J. Abeel ~ Q ~ Castelli Fitt -~-'Tkttomeys for Defendants 0739428.01 CERTIFICATE OF SERVICI~ I hereby certify that on today's date I served a true and correct copy of the foregoing Entry of Appearance by first-class mail, postage prepaid, upon all attorneys of record, addressed as follows: Douglas R. Bare, Esquire 46 East Philadelphia Street York, PA 17401 DATED: RAWLE & HENDERSON Ltv /~T~mo~hy J. :}(~Esqu.ire Beth ~astelli Fitff, Esquire ~eys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER WHEELER, : No.: 024269 Plaintiff : Vs. HAROLD JAMES STEGEMAN and : BRUCE DEGROAT d/b/a DEGROA~. FAMILY FEED YARD : Defendants : Civil Action-Law JURY TRIAL DEMANDED .REPLY TO NEW MATTEP_ AND NOW, this ~day of November, 2002, comes the Plaintiff who files the following REPLY TO NEW MATTER: 19. Denied. Plaintiff's Complaint properly states cause of action for which relief can be granted. Allegations of the Complaint are incorporated herein by reference. 20. Denied. The conduct of the Defendants caused the PlaintiWs damages as alleged in the Complaint. 21. Denied. Plaintiff at all times took all reasonable and necessary steps to mitigate her datflages. 22. Denied. Plaintiff's damages were caused by the Defendants careless conduct. 23. Denied. The Plaintiff as a matter of law, was not comparative negligent. 24. Denied. As a matter of law, there was no sudden emergency, or unavoidable accident. 25. Denied. The Plaintiff's injury were caused by the conduct of the Defendants. 26. Denied. The Doctrine of Assumption of Risk as a matter of law is not applicable under the circumstances. 27. Denied. No defenses apply to the circumstances. 28. Denied. Plaintiff's Complaint complies with the applicable statute of limitations. 29. Denied. The Cumberland County sheriff's office properly served the documents as required. 30. Denied. Cumberland County Court has jurisdiction over Defendants as a result of the accident occurring within Cumberland County and the Defendants doing business in Cumberland County. WHEREFORE, Plaintiff requests the Defendants' new matter be dismissed. Date: I.D. # 43877 Attorney for Plaintiff 46 East Philadelphia Street York, Pennsylvania 17401 (717) 854-1900 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER WHEELER, : No.: 02-4269 Plaintiff : HAROLD JAMES STEGEMAN and : BRUCE DEGROAT d/b/a DEGROA~. FAMILY FEED YARD : Defendants : Civil Action-Law JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Douglas R. Bare, Esquire, attorney for Plaintiff, Heather Wheeler, do hereby certify that I am this day serving a copy of the foregoing R 1 to New Matter Plaintiff's Interro atories and Re uest for Production of Documents Directed to Defendants upon the counsel of record in the following manner. BY REGULAR MAIL: Beth Castelli Fitt, Esquire RAWLE & HENDERSON LLP The Widener Building One South Penn Square Philadelphia, Pennsylvania 19107 Attorney for Defendants Douglas R. Bare,g~quir~ I.D. # 43877 Attorney for Plaintiff 46 East Philadelphia Street RAWLE & HENDERSON LLP By: Timothy J. Abeel, Esquire By: Beth Castelli Fitt, Esquire Identification Nos. 23104/76781 The Widener Building One South Penn Square Philadelphia, PA 19107 (215) 575-4200 HEATHERWHEELER Attorneys tbr Defendants COURT OF COMMON PLEAS Plaintiffs, Vo HAROLD JAMES STEGEMAN and BRUCE DEGROAT d/b/a DEGROAT FAMILY FEED YARD CUMBERLAND COUNTY, PA CIVIL ACrlON - LAW No.: 02-42.69 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants, Harold James Stegeman, and Bruce DeGroat d/b/a DeCJroat Family Feed Yard, Inc., intend to serve six (6) 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 undersign an objection to the subpoenas. If no objection is made, the subpoenas may be served. Date: RAWL ERSON u.P Beth Ca~ll~ Fitt, Esquire Atto~Defendants 763164 v.1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HEATHER WHEELER Plaintiffs, HAROLD JAMES STEGEMAN and BRUCE DEGROAT dgo/a DEGROAT FAMILY FEED YARD COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION- LAW No.: 02-4269 buOpocna to l'roducc Documcnt~ or 'lhmgs for Discovery Pursuant to Rule 4009.22 To: Records Custodian, Majors Body Shop, Inc., 210 Mulberry Drive, Mechanicsburg, PA 17055 (Name of Person or Entity) Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED ADDENDUM at Rawle & Henderson LLP, The Widener Bldg., One South Penn Square,16th Floor Phila., PA 19107. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Date: [SEAL] Name: Beth Castelli Fitt, Esquire Rawle & Henderson LLP The Widener Building Address: One South Penn Square Philadelphia, PA 19107 Telephone: 215-575-4200 Supreme Court ID#: 76781 Attorney for: Defendants BY THE COURT: Lawrence, E. Welker, ProthonOtary PRO COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HEATHER WHEELER COURT OF COMMON PLEAS Plaintiffs, Vo HAROLD JAMES STEGEMAN and BRUCE DEGROAT d/b/a DEGROAT FAMILY FEED YARD CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No.: 02-4269 for Discovery Pursuant to Rule 4,009.22 To: Records Custodian, Phoenix Insurance Company, 9300 An'owpoint Boulevard, P.O. Box 1000 Charlotte, NC 28201 (Name of Person or Entity) Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED ADDENDUM at Rawle & Henderson LLP, The Widener Bldg., One South Penn Square, 16th Floor Phila., PA. 19107. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by' this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Name: Date: [SEAL] Beth Castelli Fitt, Esquire Rawle & Henderson LLP The Widener Building Address: One South Penn Square Philadelphia, PA 19107 Telephone: 215-575-4200 Supreme Court ID#: 76781 Attorney for: Defendants BY THE COURT: Lawrence E. Welker, Prothonotary PRO COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND' HEATHERWHEELER COURT OF COMMON PLEAS Plaintiffs, HAROLD JAMES STEGEMAN and BRUCE DEGROAT d/b/a DEGROAT FAMILY FEED YARD CUMBERI,AND COUNTY, PA CIVIL ACTION - LAW No.: 02-4269 for Discovery Pursuant to Rule 4009.22 To: Records Custodian, Holy Spirit Hospital, Department of Radiology, 503 North 21st Street Camp Hill, PA 17011 (Name of Person or Entity) Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACItED ADDENDUM at Rawle & Henderson LLP, The Widener Bldg., One South Penn Square,16th Floor Phila., PA 19107. 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 raaking this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by' this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Name: [SEAL] Date: Beth Castelli Fitt, Esquire Rawle & Henderson LLP The Widener Building Address: One South Penn Square Philadelphia, PA 19107 Telephone: 215-575-4200 Supreme Court ID#: 76781 Attorney for: Defendants BY THE COURT: Lawrence E. Welker, Prothonotary PRO COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HEATHER WHEELER Plaintiffs, Vo HAROLD JAMES STEGEMAN and BRUCE DEGROAT d/b/a DEGROAT FAMILy FEED YARD COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No.: 02-4269 for Discovery Pursuant to Rule 4{)09.22 To: Records Custodian, Performance Sports Physical Therapy, 805 Sir Thomas Court, Harrisburg, PA 17109 (Name of Person or Entity) Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED ADDENDUM at Rawle & Henderson LLP, The Widener Bldg., One South Penn Square, 16th Floor Phila., PA 19107. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Date: [SEAL] Name: Beth Castelli Fitt, Esquire Rawle & Henderson LLP The Widener Building Address: One South Penn Square Philadelphia, PA 19107 Telephone: 215-575-4200 Supreme Court ID#: 76781 Attorney for: Defendants BY THE COURT: Lawrence ]E. Welker, Prothonotary PRO COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HEATHER WHEELER COURT OF COMMON PLEAS Plaintiffs, HAROLD JAMES STEGEMAN and BRUCE DEGROAT d/b/a DEGROAT FAMILY FEED YARD CUMBERLAdN'D COUNTY, PA CIVIL ACTION - LAW No.: 024269 ~ubpvc,a to l:'t vducc Documents or things for Discovery Pursuant to Rule 4009.22 To: Records Custodian, Red Land High School, 560 Fishing Creek Road, Lewisberry, PA 17339 (Name of Person or Entity) Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED ADDENDUM at Rawle & Henderson LLP, The Widener Bldg., One South Penn Square, 16th Floor Phila., PA 19107. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Date: [SEAL] Name: Beth Castelli Fitt, Esquire Rawle & Henderson LLP The Widener Building Address: One South Penn Square Philadelphia, PA 19107 Telephone: 215-575-4200 Supreme Court ID#:. 76781 Attorney for: Defendants BY THE COURT: Lawrence E. Weiker, Prothonotary PRO COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HEATHER WHEELER COURT OF COMMON PLEAS Plaintiffs, HAROLD JAMES STEGEMAN and · BRUCE DEGROAT d/b/a DEGROAT · FAMILY FEED YARD : CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No.: 02-426'.9 To: for Discovery Pursuant to Rule 4009.22 Records Custodian, Dr. Albright, 850 Walnut Bottom Road # A2, Carlisle, PA 17013 (Name of Person or Entity) Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED ADDENDUM at Rawle & Henderson LLP, The Widener Bldg., One South Penn Square, 16th Floor Phila., PA 19107. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the fight to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Date: [SEAL] Name: Beth Castelli Fitt, Esquire Rawle & Henderson LLP The Widener Building Address: One South Penn Square Philadelphia, PA 19107 Telephone: 215-575-4200 Supreme Court ID#: 76781 Attorney for: Defendants BY THE COURT: Lawrence E. Weiker, Prothonotary PRO RAWLE & HENDERSON LLP By: Timothy J. Abeel, Esquire By: Beth Castelli Fitt, Esquire Identification Nos. 23104/76781 The Widener Building One South Penn Square Philadelphia, PA 19107 (215) 575-4200 Attorneys for Defendants HEATHER WHEELER Plaintiffs, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA HAROLD JAMES STEGEMAN and BRUCE DEGROAT d/b/a DEGROAT FAMILY FEED YARD CIVIL ACTION - LAW No.: 02-4269 PRAECIPE TO SUBSTITUTE VERIFICATION TO THEPROTHONOTARY: Kindly substitute the attached Verification of defendant, Harold James Stegeman, for the Verification of counsel to Defendants' Answer with New Matter, which was previously filed with the Court. By: · T~. o~eel, E~q~u re e~.¢h~Castelli Fitt, Esquire Attorneys for Defendants 769660 v. 1 CERTIFICATE OF SERVICE I hereby certify that a tree and correct copy of the foregoing Praecipe to Substitute Verification was served upon the below listed counsel and party by first-class mail, postage prepaid: Douglas R. Bare, Esquire 46 East Philadelphia Street York, PA 17401 DATE: RAWLE & HENDERSON LLP 769660 v.1 VERIFICATION Harold James Stegeman, hereby states that he is a named defendant and he verifies that he has read the within Answer with New Matter to Plaintiffs' Complaint and that it is true and correct to the best of his knowledge information and belief. He understands that the statements set forth in said Answers are made subject to the penalties of 18 Pa. Cons. Stat. Ann. § 4904, relating to unswom falsification to authorities. --- Haro~l-d ~an~s-Stegeman~-~'~ - Dated: 0738432.01 RAWLE & HENDERSON LLP By: Timothy J. Abeel, Esquire By: Beth Castelli Fitt, Esquire Identification Nos. 23104/76781 The Widener Building One South Penn Square Philadelphia, PA 19107 (215) 575-4200 HEATHERWHEELER Attorneys for Defendants COURT OF COMMON PLEAS Plaintiffs, Vo HAROLD JAMES STEGEMAN and BRUCE DEGROAT d/b/a DEGROAT FAMILY FEED YARD CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No.: 02-4269 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND TI-I1NGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants, Harold James Stegeman, and Bruce DeGroat d/b/a DeGroat Family Feed Yard, Inc., intend to serve one (1) 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 If no objection is made, the subpoenas may be the undersign an objection to the subpoenas. served. Date: E & HEN RSON L Beth.~s~li Fitt, Esquire ~_~ Defendants 763164 v.1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HEATHER WHEELER Plaintiffs, HAROLD JAMES STEGEMAN and BRUCE DEGROAT dPo/a DEGROAT FAMILY FEED YARD COURT OF ,COMMON PLEAS CUMBERLluND COUNTY, PA CIVIL ACTION - LAW No.: 02-4269 Subpoena to Produce Documents or Things for Discovery Pursuant to Rule 4009.22 To: Records Custodian~ Holy Spirit Hospital, Department of Radiology, 503 North 21st Street Camp Hill, PA 17011 (Name of Person or Entity) Within twenty (20) days after the service of this sUbpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED ADDENDUM at Rawle & Henderson LLP, The Widener Bldg., One South Penn Square, 16th Floor Phila., PA 19107. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: [SEAL] Date: Name: Beth Castelli Fitt, Esquire Rawle & Henderson LLP The Widener Building Address: One South Penn Square Philadelphia, PA 19107 Telephone: 215-575-4200 Supreme Court ID#: 76781 Attorney for: Defendants BY Tl~E COURT: Lawrence ]E. Welker, Prothonotary PRO RAWLE & HENDERSON LLP By: Timothy J. Abeel, Esquire By: Beth Castelli Fitt, Esquire Identification Nos. 23104/76781 The Widener Building One South Penn Square Philadelphia, PA 19107 (215) 575-4200 Attorneys fbr Defendants HEATHER WHEELER HAROLD JAMES STEGEMAN and BRUCE DEGROAT clgo/a DEGROAT FAMILY FEED YARD COURT 0]7 COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No.: 02-4269 ORDER TO SETTLE~ DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark this matter settled, discontinued and ended, with prejudice. THE LAW FIRM OF DOUGLAS BARE Attomey for Plaintiff RAWLE & HENDERSON L/L/L~ for Defefidants 1010739 v. 1