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Home My WebLink About02-4468DANIEL K. HENDERSON, and JACQUEL1NE HENDERSON, Plaintiffs LAURI A. SHERIFF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CIVIL TERM JURY TRIAL DEMAND PRAECIPE FOR WRIT OF SUMMONS TO THEPROTHONOTARY: Please issue a Writ of Summons on behalf of the Plaintiffs, Daniel K. Henderson and Jacqueline Henderson, against the following Defendant: Lauri A. Sheriff 357 York Road Carlisle, PA 17013 ~ire ~--'~'-A't~ney for Plaintiffs GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 DANIEL K. HENDERSON, and JACQUELINE HENDERSON, Plaintiffs LAUR1 A. SHERIFF, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO.tS/~ ~ CIVIL TERM : JURY TRIAL DEMAND WRIT OF SUMMONS TO: Lauri A. Sheriff 357 York Road Carlisle, PA 17013 You are hereby notified that Plaintiffs, Daniel K. Henderson and Jacqueline Henderson, has commenced an action against you. DATE: 17: Prothonotary (Deputy) SHERIFF'S CASE NO: 2002-04468 p COMMONWEALTH OF PENNSYLVANIA; COUNTY OF CUMBERLAND HENDERSON DANIEL K ET AL VS SHERIFF LAURI A RETURN - REGULAR VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon SHERIFF LAURI A the DEFENDANT at 357 YORK ROAD at ~850:00 HOURS, on the 23rd day of September, 2002 CARLISLE, PA 17013 LAURIE A SHERIFF by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this ~ ~ ~ day of 0~^ . r~ ~A~ ~ A.D. /D~rothonotary ~ , So Answers: R. Thomas Kline 09/24/2002 GRIFFIE & ASSOCIATES By: De~ut~heriff ~ ~/ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DANIEL K. HENDERSON and JACQUELINE HENDERSON, Plaintiffs NO.: 02-4468 CIVIL TERM LAURI A. SHERIFF, Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of George H. Eager of the Law Firm of Eager, Reinaker & Spinello as attorney of record on behalf of Defendant in the above captioned action. EAGER, REINAKER & SPINELLO BY: I·D. No· 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Praecipe for Entry of Appearance upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Bradley L. Griffie, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 EAGER, REINAKER & SPINELLO DATE: BY: George H. F_~ger, Es~ Attorney for Defend~fit I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DANIEL K. HENDERSON and JACQUELINE HENDERSON, Plaintiffs NO.: 02-4468 CIVIL TERM LAURI A. SHERIFF, Defendant JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO: Curtis R. Long, Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387 Please enter a Rule upon the Plaintiff to file a Complaint in the above captioned matter within twenty (20) days of the Rule or suffer a judgment of non pros. EAGER, REINAKER & SPINELLO DATE: BY: Georg~ H. Ea~er~uire Attorney for De~,fidant i.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 AND NOW, thisliff~ay DJ+E-JO ,2003, a Rule has been entered upon the Plaintiff as above directed. Prothonotary CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Praecipe for a Rule to File a Complaint upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Bradley L. Griffie, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 EAGER, REINAKER & SPINELLO BY: George H. Eager~,E,~uire Attorney for Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 DANIEL K. HENDERSON, and JACQUELINE HENDERSON, Plaintiffs V. LAURI A. SHERIFF, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 02-4468 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please withdraw my appearance on behalf of the Plaintiffs in the above-captioned action. Date: Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 717/243-5551 Counsel for Plaintiffs CERTIFICATE OF SERVICE I, Lois E. Stauffer, an employee of the law firm ofNavitsky, Olson & Wisneski LLP hereby certify that a true and correct copy of the foregoing PRAECIPE FOR WITItDRAWAL OF APPEARANCE was served upon the following persons by first-class United States mail, postage prepaid on February 21, 2003 as follows: George H. Eager, Esquire EAGER, REINAKER & SPINELLO 1347 Fmitville Pike Lancaster, PA 17601 Lois E. DANIEL K. HENDERSON, and JACQUELINE HENDERSON, LAURI A. SHERIFF, Plaintiffs · Defendant · IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 02-4468 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter my appearance on behalf of the Plaintiffs in the above-captioned action. NAVITSKY, OLSON & WISNESKI LLP David S Wlsilleskl, Esquire I.D. No. 58796 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 Counsel for Plaimiffs Date: February 21, 2003 CERTIFICATE OF SERVICE I, Lois E. Stauffer, an employee of the law firm ofNavitsky, Olson & Wisneski LLP hereby certify that a true and correct copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE was served upon the following persons by first-class United States mail, postage prepaid on February 21, 2003 as follows: George H. Eager, Esquire EAGER, REINAKER & SPINELLO 1347 Fmitville Pike Lancaster, PA 17601 Lois E. Stauffer DANIEL K. HENDERSON, and JACQUELINE HENDERSON, Vo LAURI A. SHERIFF, Plaintiffs · Defendant · IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 02-04468 CWIL 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 attomey 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 (717) 249-3166 or 1-800-990-9108 DANIEL K. HENDERSON, and JACQUELINE HENDERSON, Vo¸ LAURI A. SHERIFF, Plaintiffs · Defendant · IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 02-04468 CIVIL ACTION - LAW JURY TRIAL DEMANDED AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las p~tginas siguientes, debe tomar acci6n dentro de veinte (20) dias a partir de la fecha en que recibi6 la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por 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 Corte puede decidir en su contra sin mas aviso o notificaci6n por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensaci6n reclamados 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 ABA JO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 DANIEL K. HENDERSON, and JACQUELINE HENDERSON, Vo LAURI A. SHERIFF, Plaintiffs · Defendant · IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 02-04468 CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Daniel K. Henderson Chambersburg, Franklin County, Pennsylvania. 2. plaintiff Jacqueline Henderson Chambersburg, Franklin County, Pennsylvania. is an adult individual who resides in is an adult individual who resides in Plaintiffs Daniel K. Henderson and Jacqueline Henderson are currently, and were individual who resides in Carlisle, at all times relevant to this Complaint, husband and wife· 4. Defendant Lauri A. Sheriff is an adult Cumberland County, Pennsylvania. 5. The facts and occurrences hereinafter related took place on or about September 18, 2000, at approximately 12:07 p.m., on SR0081 (Interstate 81) in South Middletown Township, Cumberland County, Pennsylvania. 6. At said time and place, Plaintiff Daniel K. Henderson was the operator of a tractor-trailer that was traveling North in the right hand lane of SR0081 North. 7. At said time and place, Plaintiff's vehicle was approaching what was then Exit No. 15 of SR0081 North. 8. At said time and place, Defendant Laud A. Sheriff was the operator of a 1994 Chevrolet Lumina mini-van that was traveling North in the left hand passing lane of SR0081 North. 9. At said time and place, Defendant Sheriff passed Plaintiff's vehicle and, in an apparent attempt to turn off of the highway at what was then Exit No. 15 of SR0081 North, quickly swerved across the right hand lane of travel, cutting directly in front of Plaintiff' s vehicle despite the fact that there was not a safe or sufficient distance between the two vehicles for her to do so. 10. Because of the sudden and dangerous nature of the maneuver performed by Defendant Sheriff, Plaintiff Daniel K. Henderson was unable to avoid striking the rear of Defendant's vehicle. 11. The sudden and unexpected impact with Defendant's vehicle caused Plaintiff to lose control of the tractor-trailer. 12. Following the impact with Defendant's vehicle, Plaintiff's vehicle traveled North and struck another vehicle before proceeding across the left hand lane of SR0081 North and into the median and onto the South bound lanes of SR0081, where it left the road way and proceeded down a rock embankment before coming to a rest. 13. Plaintiff Daniel K. Henderson sustained serious injuries including, but not limited to, an unstable burst fracture of the spinal column at T11 with thoracic cord compression and myelopathy, for which he underwent a T11 corpectomy with T 10 through T 12 anterior interbody fusion, placement of a cage and anterior thoracic plating, and neuropathy, as a direct result of the accident. 2 COUNT I DANIEL K. HENDERSON V. LAURI A. SHERIFF 14. Paragraphs 1 through 13 of this Complaint are incorporated herein by reference. 15. Plaintiff Daniel K. Henderson's injuries as alleged herein, were a direct and proximate result of the negligence of Defendant Laud A. Sheriff, as set forth in paragraphs 17 through 25 below. 16. As a direct and proximate result of her negligence as set forth in paragraphs 17 through 25 below, Defendant Lauri A. Sheriff is liable to Plaintiff Daniel K. Henderson for the injuries alleged herein. 17. Defendant Laud A. Sheriff moved her vehicle into Plaintiff's lane of travel, despite the fact that there was not sufficient distance between her vehicle and Plaintiff's vehicle for her to safely do so. 18. Defendant Laud A. Sheriff changed lanes of travel despite the fact that traffic conditions were such that it was not safe or reasonable for her to do so. 19. Defendant Laud A. Sheriff changed lanes of travel without first signaling her intention to do so. 20. Defendant Laud A. Sheriff changed lanes of travel in a dangerous and unsafe manner. 21. Defendant Laud A. Sheriff failed to keep alert and failed to maintain a proper watch for the presence of other motor vehicles on the roadway. 22. Defendant Lauri A. Sheriff attempted to exit SR 0081 in a dangerous and unsafe manner that posed an unreasonable risk to the safety of others legally upon the roadway. 23. Defendant Laud A. Sheriff failed to keep proper and adequate control over the vehicle that she was operating at the time of the accident. 24. Defendant Lauri A. Sheriff failed to drive her vehicle with due regard for the highway and traffic conditions that were existing at the time of the accident, of which she was, or should have been, aware. 25. Defendant Laud A. Sheriff drove her vehicle upon the roadway in a reckless manner with careless disregard for 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 Defendant Laud A. Sheriff's negligence as set forth above, Plaintiff Daniel K. Henderson suffered injuries that include, but are not limited to, an unstable burst fracture of the spinal column at Tl l with thoracic cord compression and myelopathy, for which he underwent a T11 corpectomy with T10 through T12 anterior interbody fusion, placement of a cage and anterior thoracic plating, and neuropathy. 27. As a direct result of the aforesaid injuries, Plaintiff Daniel K. Henderson has incurred, and will in the future incur, medical and rehabilitative expenses, and claim is made therefor. 28. As a direct result of the aforesaid injuries, Plaintiff Daniel K. Henderson has undergone, and will in the future undergo, great physical and mental pain and suffering, great inconvenience in carrying out his daily activities and a loss of life's pleasures and enjoyment, and claim is made therefor. 29. As a direct result of the aforesaid injuries, Plaintiff Daniel K. Henderson has been, and in the future will be, subject to humiliation and ridicule, and claim is made therefor. 4 30. As a direct result of the aforesaid injuries, Plaintiff Daniel K. Henderson has sustained a loss of wages by reason of not being able to fulfill his employment, and claim is made therefor. 31. As a direct result of the aforesaid injuries, Plaintiff Daniel K. Henderson has sustained a loss of earning power and capacity, and claim is made therefor. WHEREFORE, Plaintiff Daniel K. Henderson demands judgment against Defendant Laud A. Sheriff for compensatory damages in an amount in excess of Twenty-Five Thousand Dollars ($25,000), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT II JACQUELINE HENDERSON V. LAURI A. SHERIFF 32. Paragraphs 1 through 13 and Count I of this Complaint are incorporated herein by reference as if set forth at length. 33. As a direct and proximate result of Defendant's negligence and thc injuries sustained by Plaintiff Daniel K. Henderson as set forth above, Jacqueline Henderson has been, and in the future may be, deprived of the companionship, support, services, society, and consortium of her husband, and claim is made therefor. WHEREFORE, Plaintiff Jacqueline Henderson demands judgment against Defendant Laud A. Sheriff for damages in an amount of Twenty-Five Thousand ($25,000.00) Dollars, exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. Date: February 25, 2003 Respectfully submitted, Da;~id S: Wis~feski, Esqt~ire -- I.D. No. 58796 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 Counsel for Plaintiffs 6 VERIFICATION We, Daniel Henderson and Jacqueline Henderson verify that the facts set forth in the foregoing Complaint are tree and correct to the best of our knowledge, information, and belief. We understand that this verification is made subject to the provisions of 18 Pa.C.S. §4904, relating to the unswom falsification to authorities. Date: Daniel Henderson Date: - Ja-~e Henderson I, Lois E. Stauffer, an employee of the law finn ofNavitsky, Olson & Wisneski LLP hereby certify that a tree and correct copy of the foregoing COMPLAINT was served upon the following persons by first-class United States mail, postage prepaid on February 25, 2003 as follows: George H. Eager, Esquire EAGER, REINAKER & SPINELLO 1347 Fmitville Pike Lancaster, PA 17601 Lois E. Stauffer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DANIEL K. HENDERSON and JACQUELINE HENDERSON, Plaintiffs LAURI A. SHERIFF, Defendant NO.: 02-4468 CIVIL TERM JURY TRIAL DEMANDED _ANSWER WITH NEW MATTER You are hereby notified to plead to the within New Matter within 20 days from the date of service hereto or a default judgment may be entered against you. AND NOW COMES DEFENDANT, BY AND THROUGH HER ATTORNEY, GEORGE H. EAGER, AND FILES THE FOLLOWING ANSWER: 1.- 13. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant asks that judgment be enterred in its favor and against the Plaintiff on all claims set forth in Plaintiff's Complaint. COUNT I pANIEL K. HENDERSON v. LAURI A. SHERIF~ 14. No response is required. Paragraphs 1 through 13 of Defendant's Answer are incorporated herein by reference as though fully set forth. 15.-31. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant asks that judgment be entered in its favor and against the Plaintiff on all claims set forth in Plaintiff's Complaint. COUNT II JACQUELINE HENDERSON v. LAURI A. SHERIFF 32. No response is required. Paragraphs 1 through 31 of Defendant's Answer are incorporated herein by reference as though fully set forth. 33. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). NEW MATTER 34. Paragraphs I through 33 inclusive above are incorporated herein by reference and made a part hereof. 35. Plaintiffs' recovery is barred and/or limited pursuant to the provisions of the Pennsylvania Motor Vehicle Finanacial Responsibility Act, 75 Pa.C.S.A. 1701, et. seq., and Answering Defendant hereby assert all of the rights and defenses available to her under the aforementioned act. 36. Plaintiffs' claims are barred and/or limited pursuant to the applicable Statute of Limitations, the relevant portions of which are incorporated herein by reference. 37. Plaintiffs' claims are barred and/or limited by the tort thresholds, applicable by election or law, of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. §1701, et. seq. 38. Plaintiffs' claims are barred and/or limited by the preclusion of pleading, proving and/or recovering special damages as set forth in §1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law, Pa.C.S.A. §1722. WHEREFORE, Answering Defendant respectfully demand judgment in her favor and against all other parties together with the costs of this action. EAGER, REINAKER & SPINELLO BY: George FF. Eager~squire Attorney for Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 VERIFICATION I, LAURI A. SHERIFF, hereby verify that I am the Defendant in the foregoing action, and that the averments of the foregoing Answers with New Matter to the Complaint are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments of the Answers with New Matter to the Complaint are based upon an understanding or application of law, I have relied upon counsel in making this Verification. I understand that I am subject to the penalties of 18 Pa.C.S..A. Section 4904, relating to unsworn falsification to authorities for any false statements made herein. LAURI A. SHERIFF CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Answer with New Matter upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: David S. VVisneski, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road Suite 303 Harrisburg, PA 17110 EAGER, REINAKER & SPINELLO DATE: 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DANIEL K. HENDERSON and JACQUELINE HENDERSON, Plaintiffs NO.: 02-4468 CIVIL TERM V. LAURI A. SHERIFF, : Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served an original of Interrogatories of Defendant Addressed to Plaintiffs upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: David S. Wisneski, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road Suite 303 Harrisburg, PA 17110 EAGER, REINAKER & SPINELLO BY: George H. Eage ,~Esquire Attorney for Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DANIEL K. HENDERSON and JACQUELINE HENDERSON, Plaintiffs NO.: 02-4468 CIVIL TERM Vo LAURI A. SHERIFF, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of Defendant's Request for Production and Copying of Documents - Set No. 1 Directed to Plaintiffs upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: David S. VVisneski, Esquire Navitsky, Olson & VVisneski, LLP 2040 Linglestown Road Suite 303 Harrisburg, PA 17110 EAGER, REINAKER & SPINELLO BY: George ii. Eager~e Attorney for Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 DANIEL K. HENDERSON, and JACQUELINE HENDERSON, Plaintiffs V. LAURI A. SHERIFF, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 02-04468 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT LAU A. SHERIFF AND NOW, come the Plaintiffs, Daniel K. Henderson and Jacqucline Henderson, by and through their attorneys, Navitsky, Olson & Wisncski LLP, and hereby enter: thc following reply to the New Matter of Defendant Lauri A. Sheriff: 34. No responsive pleading is required. To the extent that a response is deemed necessary, paragraphs 1 through 33 of Defendant's Answer, to the extent that they do not admit the allegations contained in the corresponding paragraphs of Plaintiffs' Complaint, are denied pursuant to Pa. R.C.P. 1029(e). 35. Denied pursuant to Pa. R.C.P. 1029(e). 36. Denied. The incident giving rise to this matter took place on September 18, 2000. Plaintiffs initiated suit by Writ of Summons on September 17, 2002, and timely service was effectuated upon the Defendant promptly thereafter. Accordingly, Plaintiffs' claims are neither barred nor limited by the applicable statute of limitations. 37. Denied pursuant to Pa. R.C.P. 1029(e). 38. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Plaintiffs Daniel K. Henderson and. Jacqueline Henderson respectfully request that the New Matter of Defendant Laufi A. Sheriff be dismissed, and that judgment be entered in favor of Plaintiffs. Date: March 27, 2003 Respectfully submitted, NAVVy, ~)LSON & W!SNEs~U LLP David S. Wisneski, Esquire ' I.D. No. 58796 2040 Linglcstown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 Counsel for Plaintiffs 2 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA . COUNTY OF DAUPHIN · ss I, David S. Wisneski, Esquire, being duly sworn according to law, depose and say that I am counsel for Plaintiffs and that I am authorized to make this affidavit on behalf of said Plaintiffs, and that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief or, are true and correct based on the information obtained from the Plaintiffs. Sworn to and subscribed before me this __~ day of ~i~r~]3 ,2003. Notary Public My Comrnission expires: ~CERTIFICATE OF SERVICE I, Lois E. Stauffer, an employee of the law fn-rn ofNavitsky, Olson & Wisneski LLP hereby certify that a true and correct copy of the foregoing PLAINTIFFS, REPLy TO NEW MATTER OF DEFENDANT LAURI A. SHERIFF was served upon the following person by first-class United States mail, postage prepaid on March 27, 2003 as follows: George H. Eager, Esquire EAGER, REINAKER & SPINELLO 1347 Fruitville Pike Lancaster, PA 17601 Lois E. Stauffer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DANIEL K. HENDERSON and JACQUELINE HENDERSON, Plaintiffs LAURI A. SHERIFF, NO.: 02-4468 CIVIL TERM CERTIFICATE PREREQUISITE TO SERVICE OF SUPBOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant Lauri A. Sheriff certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: Geor~e~H. Eag~, Esquire Attorney for ~efendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 oF Pk'NNSYLVANL COIfN'ln/OF CI~rM~li~LAND DANIEL K. HENDERSON and JACQUELINE HENDERSON, Plaintiffs VS. LAURI A. SHERIFF, Defendants F'de ,No. 02-04468 : : : SUBPOENA TO PRODUCE DOCI~I~NTS OR THINGS FOR DISCOVERY PL'RSUANT TO RULE 4009-2~ TO: Dave's Truck Repair, 3097 Molly Pitcher Highway, Chambersburg, PA 17201 Within twenty. (20) days after service of this subpoena, you are ordered by the court, to produce the following documents or ~hln~os: see attached addendum at 1347 Fruitville Pike, Lancaster. Pennsylvania. 1760I, (Address) You may deliver or mail legfble copies of the documents or produce thln~ requested by this subpoena, together with the certificate of compliance, to the party making thi~ request at the address listed above. You have the right to seek in advanc~e the reasonable cos~ 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 tills subPOena may seek a court order compelling you to comply with it. THIS SLqBPOENA WAS ISSUED AT TIlE REQUEST OF ~ FOLLOWING PEI~ON: Eager, Reinaker & Spinello NAz~: George l{. Eager, Esquire .ADDRESS: ;%7 ~,,~r~-~ Pike I,andaster, PA 17601 ~LEPHO~: (717) 290-7971 SL~ CO~T ~ ~ 7774~ A~'O~Y FOR: Defendant BY THE COLrRT: DA'rE: Seal of the Court 'Prothonotary/Clerk, Civil Div~on IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DANIEL K. HENDERSON and JACQUELINE HENDERSON, Plaintiffs LAURI A. SHERIFF, Defendant NO.: 02-4468 CIVIL TERM JURY TRIALDEMANDED ADDENDUM TO SUBPOENA CUSTODIAN OF RECORDS FOR: DAVE'S TRUCK REPAIR A COPY OF ANY AND ALL OF THE FOLLOWING: APPLICATION FOR EMPLOYMENT; PRE-EMPLOYMENT PHYSICAL; DATE EMPLOYMENT BEGAN; WORKER'S COMPENSATION CLAIMS AND MEDICAL REPORTS; PERFORMANCE EVALUATIONS; YEAR END PAYROLL RECORDS FOR EACH YEAR OF EMPLOYMENT; DISCIPLINARY NOTICES; LEAVE OF ABSENCE DATES AND REASON FOR ~,EAVE; AND DATE OF TERMINATION ON PLAINTIFF, NAME: DATE OF B/RTH: SSN: DANIEL K. HENDERSON 12/22/58 171-52-1258 CERTI~'ll~D PHOTOCOPIES OF THE RECORDS WILL BE ACCEPTED IN Ll]gU OF YOUR PERSONAL APPEARANCE CO -VfO T P NNSYLV CO VrY OF DANIEL K. HENDERSON and JACQUELINE HE~N-DERSOM, Plaintiffs VS. LAURI A. SHERIFF, Defendants F'de ~o. 02-04468 : : : SUBPOENA TO PRODUCE DO~S OR THINGS FOR DISCOVERY PURSUANT TO RLrLE 4009_2? To: Paul Orange, M.D., P.O. Box 608, 4225 Lincoln Way East, Fayetteville, PA 17222 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documenta or things: see attached addendum at 1347 Fruitviile Pike, Lancaster. Pennsylvania. 1760~, (Addreas) You may deliver or mail leg~31e copies of the doo,m~nts or produce things requested by this subpoena, together with the ceriificate of compliance, to the party malri,,g this request at the addresz listed above. You have the right to seek in advance the reasonable ca~ of preparing the copies or producing the thin~s sought. If you fa~l to produce the documents or things required by this ~-ubpoena w~thln twenty (20) days after its ~rvice, the party serving tKis subpoena m~y seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSL~D AT TH~ REQUEST OF ~ FOLLOWING PERSON: Eager, Reinaker & Spinello NA~[E: George H. Eager, Esquire ADDRF_~SS: 1347 ~r~v~l~ Pi~P Lambast er, PA 17601 ~F_2L I~.I~O~[E: (717) 290-7971 sLrp~ CO~T ~ ~ ~774~ A~O~Y FOR: Del er~dant BY ~ COURT: DAT~: Seal ofthe Coutx Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DANIEL K. HENDERSON and JACQUELINE HENDERSON, Plaintiffs LAURI A. SHERIFF, Defendant NO.: 02-4468 CIVIL TERM JURY TRIAL DEMANDED ADDENDUM TO SUBPOENA CUSTODIAN OF RECORDS FOR: PAUL ORANGE, M.D. ANY AND ALL FIRST CONSULTATION REPORTS, OFFICE NOTES, MRI, CT AND X-RAY FILMS AND REPORTS, TEST RESULTS, PHYSICAL THERAPY REPORTS, NURSES' NOTES AND DOCTORS' ORDERS, ALONG WITH ANY AND ALL OTHER MEDICAL RECORDS AND REPORTS AND OTHER INFORMATION PERTA/NING TO: NAME: DANIEL K. HENDERSON DATE OF BIRTH: 12/22/58 SSN: 171-52-1258 CERTIFIED PHOTOCOPIES OF THE RECORDS WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE CO~4ONWEALT~ OF PENNSYLVAN-t~, COUN'I~ OF CUMm~.~ND D~NIEL K. HENDERSON and JACQUELINE HE~ERSOM, Plaintiffs VS, LAURI A. SHERIFF, Defendants F'de ~o. 02-04468 : : : SUBPOENA TO PRODUCE DO~ OR THINGS FOR DISCOVEry PURSUANT TO RL~-.~E To: Apmalachian Orthopedic Center, Ltd., I Dunwoody Drive~ Carlisl% PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the cour~ to produce the foHowlng documents or things: see attached addendum at 1347 Fruitville Pike, Lancaster. Pennsvlvanla. 17601. (Addre~) You may deliver or mail legible copies of the documents or produce thing~ requested by this subpoena, together w;th the cer~h'lcate of compliance, to the party mnld,ag thlz 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 thing~ required by this subpoena within twenty (20) days after its service, the party serving ~ subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSI~P* AT THE REQUEST OF ~ FOI,I,OWING PERSON: Eager, Reinaker & Spinello NA2~I~: George H. Eager, Esquire Lancaster? PA 17601 TF~LEI~rIOIN[E: (717) 290-7971 S~LFPR.E~IE COURT ID # ~7740 ATTORNqgY FOR: Defendant BY ~ COURT: DATE: Seal of the Court 'Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW DANIEL K. HENDERSON and JACQUELINE HENDERSON, Plaintiffs LAURI A. SHERIFF, Defendant NO.: 02-4468 CIVIL TERM JURY TRIAL DEMANDED ADDENDUM TO SUBPOENA CUSTODIAN OF RECORDS FOR: APPALACHIAN ORTHOPEDIC CENTER, LTD. ANY AND ALL FIRST CONSULTATION REPORTS, OFFICE NOTES, MRI, CT AND X-RAY FILMS AND REPORTS, TEST RESULTS, PHYSICAL THERAPY REPORTS, NURSES' NOTES AND DOCTORS' ORDERS, ALONG WITH ANY AND ALL OTHER MEDICAL RECORDS AND REPORTS AND OTHER INFORMATION PERTAINING TO: NAME: DATE OF BIRTH: SSN: DANIEL K. HENDERSON 12/22/58 171-52-1258 CERTIFI.ED PHOTOCOPIES OF THE RECORDS WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE COlVEVlO~TH OF PENNSYLVANIA COLrNTY OF CUMg~L~FD DANIEL K. HENDERSON and JACQUELiNE HENDERSON, Plaintiffs VS. LAURI A. SHERIFF, Defendants File.No. 02-04468 SUBPOENA TO PRODUCE DOCUMENTS OR TItINGS FOR DISCOVERY PURSUANT TO RULE 4009_2? To: Orthopaedic Associates1 1035 Wayne Avenue, Chambersburg, PA 17201 Within twenty (20) days after service of tiffs subpoena, you are ordered by the court to produce the foflowing documents or thln~n: see attached addendum at 1347 Fruitville Pike, Lancaster. Pennsylvania. 176Q~, (Address) You may deliver or mall legible copies of the documents or produce thln~s requested by this subpoena, together with the certificate of compliance, to the party making ~ rt'qR~t at the address lisxed above. You have the right to seek in advance the reasonable cos~ of preparing the copies or producing the ~'hlnoan ~ollght. If you fail to produce the doo,ments or things required by th/s subpoena w/thin twenty (20) days after its service, the party serving tiffs subpoena may seek a court order compelling you to comply with it. THIg SUBPOENA WAS ISSUED AT THE REQUEST OF TI3iE FOLLOWING PERSON: Eager, Reinaker & Spinello N~%4]~: George H. Eager, Esquire Lancaster, PA 17601 TELEPHONE: (717) 290-7971 S~REi~ COITRT II) # 7774~ ATTORNEY FOR: Defendant BY TKE COC'RT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DANIEL IC HENDERSON and JACQUELINE HENDERSON, Plaintiffs LAURI A. SHERIFF, Defendant NO.: 02-4468 CIVIL TERM JURY TRIAL DEMANDED ADDENDUM TO SUBPOENA CUSTODIAN OF RECORDS FOR: ORTHOPAEDIC ASSOCIATES ANY AND ALL FIRST CONSULTATION REPORTS, OFFICE NOTES, MRI, CT AND X-RAY FILMS AND REPORTS, TEST RESULTS, PHYSICAL THERAPY REPORTS, NURSES' NOTES AND DOCTORS' ORDERS, ALONG WITH ANY AND ALL OTHER MEDICAL RECORDS AND REPORTS AND OTHER INFORMATION PERTAINING TO: NAME: DANIEL K. HENDERSON DATE OF BIRTH: 12/22/58 SSN: 171-52-1258 CERTIIO'IED PHOTOCOPIES OF THE RECORDS WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE CO~'~VIONWEALTH OF PENNSYLVANIA COUNTY OF O2MBERLAND DANIEL K. HENDERSON and JACQUELINE HE~DERSOM, Plaintiffs vs. LAURI A. SHERIFF, Defendants No. 02-04468 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009, To: Shaffer Cardiovascular Associates, Ltd., 650 North Twelfth Street, Lemoyne, PA 17048 Within twenty (20) days after service of this subpoena, you are ordered by the cour~ to produce the following documents or rhino. S: see attached adffendum at 1347 Fruitville Pike, Lancaster. Pennsylvania. 17601, (Addre~) You may deliver or mail legible copies of the documents or produce thlng~ requested by this subpoena, together wi~h the ce: ~h'lcate of compliance, to the party making thiz request at the address listed above. You have the right to seek in advance the reasonable co~ of preparing the copies or producing the thln~ sought. If you fail to produce the doo,ments or things required by this subpoena wi~hln twenty (20) days after ils service, the party serving tills subpoena may seek a court order compellin~ you to comply with it. THIS SUBPOENA WAS ISSUED AT TH~ REQUEST OF ~ FOr.; ,OWING PERSON: Eager, Reinaker & Spinel!o N~[E: George H. Eager, Esquire ADDRESS: ~.~47 Lan~aster~ PA 17601 TEL~I~HO,NrE: (717) 290-7971 SUPREME COURT ID # 77740 ATTORNEY FOR: Defendant BY THE COUrRT: DATE: Seal of' the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS OF CUMBERI.akND COUNTY, PENNSYLVANIA CML ACTION - LAW DANIEL K. HENDERSON and JACQUELINE HENDERSON, Plaintiffs LAURI A. SHERIFF, Defendant NOi: 02-4468 CIVIL TERM JURY TRIAL DEMANDED ADDENDUM TO SUBPOENA CUSTODIAN OF RECORDS FOR: SHAFFER C~RDIOVASCULAR ASSOCIATES, LTD. ANY AND ALL FIRST CONSULTATION REPORTS, OFFICE NOTES, MRI, CT AND X-RAY FILMS AND REPORTS, TEST RESULTS, PHYSICAL THERAPY REPORTS, NURSES' NOTES AND DOCTORS' ORDERS, ALONG WITH ANY AND ALL OTHER MEDICAL RECORDS AND REPORTS AND OTHER INFORMATION PERTAINING TO: NAME: DATE OF BIRTH: SSN: DANIEL K. HENDERSON 12/22/58 171-52-1258 CERTIFIED PHOTOCOPIES OF THE RECORDS WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE COmmONWEALTH OF PENNS~LYANIA COUNTY OF CUMBERLAND DANIEL K. HENDERSON and JACQUELI~YE HE~XIDERSOM, Plaintiffs vs. LAURI A. SHERIFF, Defendants F'de .No. 02-04468 : : : SUBPOENA TO PRODUCE DO~ OR THINC~$ FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Penn Rehab Associates, P.C., 2151Linglestown Road, Harrisburg, PA 17110 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or ~hlno~S: see attached addendum at 1347 Fruitville Pike, Lancaster. Pennsylvania, ~7601, (Addre~) You may deliver or mail legfbie copies of the doo,ments or produce things requested by this subpoena, together with the certificate of compliance, to the party mn~,,~ th/z request at the addresz listed above. You have the right to seek in advance the reasonable c~t of preparing the copies or producing the ~hln~ SOUght. If you fail to produce the doc-merits or things required by thin subpoena ~vllhi. twenty (20) days after its service, the parry serving this subpoena may ~ a court order compelling ,you to comply with it. THIS SUBPOENAWA$ISSUEDATTI{EREQUESTOFTHI~FOLLOWINGPERSON: Eager, Reinaker & Spinello MACveE: George H. Eager, Esquire ADDRESS: ~&7 ~,~ Pike Lancaster, PA 17601 T~L~HO1N-E: (717) 290-7971 SUPREME COLrRT ID# 77740 ATTORNEY FOR: Defendant BY ~ COURT: DATE: Seal of the Court 'Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DANIEL K. HENDERSON and JACQUELINE HENDERSON, Plaintiffs LAURI A. SHERIFF, Defendant NO.: 02-4468 CWIL TERM JURY TILEAL DEMANDED ADDENDUM TO SUBPOENA CUSTODIAN OF RECORDS FOR: PENN REHAB ASSOCIATES, P.C. ANY AND ALL FIRST CONSULTATION REPORTS, OFFICE NOTES, MRI, CT AND X-RAY FILMS AND REPORTS, TEST RESULTS, PHYSICAL THERAPY REPORTS, NURSES' NOTES AND DOCTORS' ORDERS, ALONG WITH ANY AND ALL OTHER MEDICAL RECORDS AND REPORTS AND OTHER INFORMATION PERTAINING TO: NAME: DANIEL K. HENDERSON DATE OF BIRTH: 12/22/58 SSN: 171-52-1258 CERTIFIED PHOTOCOPIES OF THE RECORDS WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE COM~VIONWF, AL~ OF PENNSYLVANIA COL~rTY OF CUMBERLAND DANIEL K. HENDERSON and JACQUELINE HE~IDERSOM, Plaintiffs LAURI A. SHERIFF, Defendants 02-04468 SUBPOENA TO PRODUCE DOCLrbIENTS OR THUGS FOR DISCOVERY PURSUANT TO RULE 4009.~ To: Penn State/The Milton S. Hershey Medical Center, P.O. Box 853, Hershey~ PA 17033 Withltn twenty (20) days after service of thin subpoena, you are ordered by the court to produce the following documents or things: see attached addendum at 1347 Fruitville Pike, Lancaster. Pennsylvania. 17601. (Address) You may deliver or mall legfble copies of the documents or produce thlng~t requested by this subpoena, together with the certificate of compliance, to the party making tl~ request at the address listed above. You have the right to seek in advance the rea-~nable cos~ of preparing the copies or producing the things sought. ff you fail to produce the documents or things required by thin subpoena w~thin twenty (20) days after its service, the party serving tttis subpoena may seek a court order compelling you to comply with it. THIS SUBPOENAWASISSUED AT THEREQUESTOFTH~FOLLOWINGPERSON: Eager, Reinaker & Splnello N/%d~[E: George H. Eager, Esquire ADDRESS: ~347 vr,,~,,ille Pi~e Landaster, PA 17601 T]F~]~gl~IO~'E: (717) 290-7971 $~COURT~D# 7774~ A2'rORNEYFOR: Defendant BY ~ COLrRT: DATE: Seal of the Court Prothonotary/Clerk, Ci~l Division Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW DANIEL K. HENDERSON and JACQUELINE HENDERSON, Plaintiffs LAURI A. SHERIFF, Defendant NO.: 02-4468 CiVIL TERM JURY TRIAL DEMANDED ADDENDUM TO SUBPOENA CUSTODIAN OF RECORDS FOR: PENN STATE/THE MILTON S. HERSHEY MEDICAL CENTER AN ABSTRACT OF ALL TYPED MEDICAL RECORDS INCLUDING, BUT NOT LIMITED TO: 1. ADMISSION AND DISCHARGE INFORMATION; 2. CONSULTATION REPORTS; 3. HISTORY AND PHYSICAL EXAMINATIONS; 4. OPERATIVE AND PATHOLOGY REPORTS; · 5. EMERGENCY/OUTPATIENT RECORDS; 6. REHABILITATION MEDICINE (PT, OT, SPEECH); 7. MRI, CT AND X-RAY REPORTS AND FILMS ON PLAINTIFF; and 8. PAIN CLINIC AND PSYCHIATRIC RECORDS. NAME: DANIEL K. HENDERSON DATE OF BIRTH: 12/22/58 SSN: 171-52-1258 CERTIFIED PHOTOCOPIES OF THE RECORDS WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE coMMONWEAL~ OF PENNSYLVANIA COUNTY OF CLrMBERIAND DANIEL K. HENDERSON and JACQUELINE HE~ERS O~X:, Plaintiffs VS. LAURI A. SHERIFF, Defendants F'de ~No. 02-04468 : : SUBPOENA TO PRODUCE DO~ OR THINGS FOR DISCOVERY PURSUANT TO RL~LE 4009.2~2 To: Carlisle Hospital & H~lth Services, 246 Parker Street~ P.O. Box 310~ Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce~ the following documents or thln~: see attached addendum at 1347 Fruitville Pike, Lancaster. Pennsylvania. 17~0~, (Address) You may deliver or mail lea'hie copks of the doo,rnents or produce thi,gs requested by this subpoena, together ,,ith the cedh'lcate of compliant, to the party mnid~lg ~ l'~/lae~ 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. ff you fail to produce the documents or things required by thin subpoena with~ twenty (20) days after its service, the party serving this subpoena may seek a court order eompellinoo you to comply with it. TWI,R SUBPOENA WAS ISS~ AT TH~ REQUEST OF TI!E FOLLOWLNG PERSON: Eager, Reinaker & Spinello N~l]~: George H. Eager, Esquire ADDRESS: ~7 ~,~.,~]~ p~ Lan6aster~ PA 17601 T~L~PHON]~: (717) 290-7971 SUPREME COLrRT ID # 27740 ATTORNq~YFOR: Defendant BY TIq'lg. COURT: DATE: Seal of the Court Prothono~./Clerk, Civil Di*ision Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DANIEL K. HENDERSON and JACQUELINE HENDERSON, Plaintiffs LAURI A. SHERIFF, Defendant NO.: 02-4468 CIVIL TERM JURY TRIAL DEMANDED ADDENDUM TO SUBPOENA CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL & HEALTH SERVICES AN ABSTRACT OF ALL TYPED MEDICAL RECORDS INCLUDING, BUT NOT LIMITED TO: 1. ADMISSION AND DISCHARGE INFORMATION; 2. CONSULTATION REPORTS; 3. HISTORY AND PHYSICAL EXAMINATIONS; 4. OPERATIVE AND PATHOLOGY REPORTS; 5. EMERGENCY/OUTPATIENT RECORDS; 6. REHABILITATION MEDICINE (PT, OT, SPEECH); 7. MRI, CT AND X-RAY REPORTS AND FILMS ON PLAINTIFF; and 8. PAIN CLINIC AND PSYCHIATRIC RECORDS. NAME: DANIEL K. HENDERSON DATE OF BIRTH: 12/22/58 SSN: 171-52-1258 CERTIFIED PHOTOCOPIES OF THE RECORDS WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE CO~IONWEALTH OF PENNSYLVANIA COLd. FY OF CT~IBERLAND DANIEL K. HENDERSON and JACQUELINE HENDERSOM, Plaintiffs vs. LAURI A. SHERIFF, Defendants F'de .No. 02-04468 : : : SUBPOENA TO PRODUCE DOCI~IENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009 To: Chambersburg Imaging Associates, P.C., 25 Penncraft Avenue, Chambersburg, PA 17201 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce thefoHowing doo,ment.sorthings: any a~d all films and reports on Plaintiff Daniel K. Henderson (SSN: 171-52-1258) (DOB: 12/22/58) at 1347 Fruitville Pike, Lancaster. Pennsylvania. !760~, (Address) You may deliver or mail leg~"ole copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party mnlrl.~ th~n l'~qU~ at the address listed above. You have the right to seek in advance the reasonable co~ of preparing the copies or producing the thin? SOllght. If you fail to produce the documents m- things required by this subpoena w~hi. twenty (20) days after its service, the party serving this subpoena may s~k a court order compelling you to comply with it. THIS SUBPOF_.NA WAS ISSUED AT THE REQL~_.ST OF ~ FOLLOWING PERSON: Eager, Reinaker & Spinello NAN[E: George H. Eager, Esquire ADDRESS: 1347 Wr~,rv~ll= P~k~ Lan~aster~ PA 17601 T F_2L~ I~qO1N-E: (717) 290-7971 S][fPRE~E COb'RT ~D # 7774D ATTORNEY FOR: Defendant BY ~ COURT: DATE: Seal of the Court 'Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day served a true and correct copy of the foregoing Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 upon the person and in the manner indicated below. Service by First Class Mail, addressed as follows: David S. Wisneski, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road Suite 303 Harrisburg, PA 17110 Dated: EAGER, REINAKER & SPINELLO Ho./27 4 0 1347 Fr~i~ville Pike Lancaster, PA 17601 (717) 290-7971 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: David S. Wisneski, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road Suite 303 Harrisburg, PA 17110 EAGER, REINAKER & SPINELLO Dated: BY: Geor~. ~ag~, Esquire Attorney fo~//Defendant I.D. No. 25971 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 DANIEL K. HENDERSON, and JACQUELINE HENDERSON, Plaintiffs LAURI A. SHERIFF, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 02-04468 CIVIL ACTION - LAW JURY TRIAL DEMANDED PETITION FOR A RULE TO SHOW CAUSE AS TO WHY PLAINTIFFS' UNDERINSURANCE CARRIER SHOULD NOT BE DEEMED TO HAVE GIVEN ITS CONSENT TO, AND WAIVED ITS SUBROGATION INTEREST IN, PLAINTIFFS' TH/RD-PARTY SETTLEMENT AND NOW, come the Plaintiffs, Daniel K. Henderson and Jacqueline Henderson, by and through their attorneys, Navitsky, Olson & Wisneski LLP, and respectfully aver as follows: 1. Plaintiffs, Daniel K. Henderson and Jacqueline Henderson, are adult individuals who reside at 358 West Queen Street, Chambersburg, Pennsylvania. 2. This is a personal injury action arising out of a motor vehicle accident that took place on September 18, 2000 on Interstate 81 in South Middletown Township, Cumberland County, PennsylVania. A copy of the police accident report is attached hereto as Exhibit "A". 3. As a result of the accident, Daniel K. Henderson sustained serious injuries including, but not limited to, an unstable burst fracture of the spinal column at T 11 with thoracic cord compression and myelopathy, for which he underwent a T11 corpectomy with T10 throu~ T12 anterior interbody fusion, placement of a cage and anterior thoracic plating, and neuropathy. 4. At the time of the accident, Defendant Lauri Sheriff was insured by a State Farm Fire and Casualty Company auto insurance policy that had liability limits of $100,000 per person/S300,000 per accident. A Certificate of Coverage issued by State Farm is attached hereto as Exhibit "B". 5. As of the time of the accident, Plaintiffs Daniel K. Henderson and Jacqueline Henderson did not own a motor vehicle and were not the named insureds on any policy of motor vehicle insurance. 6. At the time of the accident, Plaintiff Daniel Henderson was the operator of a tractor-trailer owned by Dave's Track Repair of Chambersburg, Pennsylvania and insured by PA General Insurance Company, a subsidiary of, or predecessor corporation to, One Beacon Insurance Company. 7. There is $100,000 of underinsured motorists' coverage available to Plaintiffs under the Dave's Truck Repair policy with one Beacon Insurance. 8. Defendant, although not admitting liability for the accident, has agreed to settle Plaintiffs' claims arising out of the incident for $80,000, subjec, t to the consent and waiver of the underinsured carrier, One Beacon Insurance. A copy of the March 1, 2004 letter from State Farm Insurance is attached hereto as Exhibit "C". 9. On March 2, 2004, Daniel K. Henderson and Jacqueline Henderson requested, via fax and letter, that One Beacon Insurance Company grant its written consent to the proposed settlement of Mr. and Mrs. Henderson's claims, and that it acknowledge the waiver of its subrogation interest with respect to the claims. A copy of the ]March 2, 2004 correspondence is attached hereto as Exhibit "D". 10. As early as April 2003, Plaintiffs had alerted ()ne Beacon Insurance Company that Daniel K. Henderson and Jacqueline Henderson might be making claims for underinsured motorists benefits under the Dave's Truck Repair policy with that company. A copy of Plaintiffs' correspondence of April 30, 2003 is attached hereto as Exhibit "E". 2 11. Despite Plaintiffs' correspondence of March 2, 2004, and numerous telephone calls, One Beacon Insurance Company has not, as of this date, provided Plaintiffs' counsel with written confirmation of its consent to the settlement of the claims of the Daniel K. Henderson and Jacqueline Henderson, and has not confirmed the waiver of its subrogation interest in connection with both claims. 12. Plaintiffs believe that One Beacon Insurance Company's failure to grant its consent to the settlement of the claims of Daniel K. Henderson and Jacqueline Henderson and its failure to waive its subrogation interest in connection with both claims in a timely fashion constitutes conduct which is contrary to public policy, contrary to legislative purpose of the Motor Vehicle Financial Responsibility Law, and which frustrates the legitimate expectations of the insured victims. 13. If One Beacon Insurance Company has elected not to grant its consent to the settlements and to waive its subrogation interest, it should be compelled, pursuant to the Superior Court's holding in Dale¥-Sand v. West American Ins. Co., 387 Pa. Super 630, 564 A.2d 965 (1989), to tender to Daniel K. Henderson and Jacqueline Henderson, its own draft in the amount of $80,000 to substitute for the amount to be paid by the tortfeasor's insurance cartier. WHEREFORE, Plaintiffs respectfully request that Your Honorable Court issue a Rule upon One Beacon Insurance Company to show cause why it should not be deemed to have granted its consent to the settlement of the claims of the Danilel K. Henderson and Jacqueline Henderson, and to have waived its subrogation interest in connection with such claims, so as to 3 permit Plaintiffs to conclude the settlement of such claims and to preserve their rights to proceed with claims for underinsurance benefits under the Dave's Truck Repair insurance policy or, in the alternative, why One Beacon Insurance Company should not be compelled to tender its own draft in the amount of $80,000 to Daniel K. Henderson and Jacqueline Henderson in order to substitute for the tortfeasor's payment of such amount. Date: April 21, 2004 Respectfully submitted, NAVITSK_~Y, OLSON & .WIShNESKI LLP a id S. Wisneski, Esquire I.D. No. 58796 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 Counsel for Plainti frs CERTIFICATE OF SERVICE I, Lois E. Stauffer, an employee of the law firm ofNavitsky, Olson & Wisneski LLP hereby certify that a true and correct copy of the foregoing Petition for a Rule to Show Cause as to Why Plaintiffs' Underinsurance Carrier Should not be Deemed to Have Given its Consent to, and Waived its Subrogation Interest in, Plaintiffs' Third-Party Settlement was served upon the following persons by first-class United States mail, postage prepaid on April 21, 2004 as follows: George H. Eager, Esquire EAGER, REINAKER & SPINELLO 1347 Fmitville Pike Lancaster, PA 17601 Counsel for Defendants Terry Seningen, Claims Examiner One Beacon Insurance Company p.O. Box 110 Philadelphia, PA 19105-9703 Lois E. Stauffer "V 001544,- POLICE INFORMATION COMMONWEAL TH OF PENNS YL VANIA PODCE ACCIDENT REPORT ACCIDEITr INFORMATION 09/18/00 . Mort 1207 OF U.,TS 3 ACCIDENT LOCATION ~0, cou.rv (~rland INTERSECTING ROAD: iF NOT AT INTERSECTION: ........... ZONE i i I CONTROL I1 UNIT # ~ UNIT # 2 ~, PA TffLE OR ~912~ 4o ~R ~ves ~ Re~ ~.~ss ~7 ~lly Pitcher ~. . ~ · ~evrolet 79 ~ ~ URGER 2~12392 :57 STATE PA ~R 20374252 ~ PA ~E Lauri A. Sheriff ~ ~iel K. He.erin ~RE~% 357 York Rd. ~RE~ 73~ Olde S~tla~ Rd. · z~o~ ~rlisle,PA. 170!~ az~o~ ,PA. 17~7 ~5523 6,. s~ m PARKED ? PRATE APH0359 30 .A rm~ on 47487704 Lauri A. Sheriff AS~;,ESS 357 York Rd. .[ ;;~;OL~ Carlisle,Pa. 17013 ~ 01/28/64 x i~ N lit CLASS A Daves Truck Repair ...... ~a. C~.R~_R ...... ~A~E___,'~_. _30~7_ ._~._lly Pitcher F~_. s z~.c~ Chambersburg, Pa. 17201 PUC# 7o USDOT ~ ]~cc · 549086 ~'PUC m [ ~ Y [~ N [] UNKEl AXLES 3 / ~4AIERIALS UU , Y [ t N l a~ UNKI J )~. REFER TO OYER~LAY SHEETS i NU~ER 001545 COMMONWEALTH OF PENNSYLVANIA POLICE ACCIDENT REPORT REPOrTablE ~ HO PAn~O? L :[:;i_ ._.t*~ .A_V. S6_381 ......... L p~ rote o~ 45834652 OUT OF-STATE Vll'4 William fl & Saty C. Boldosser ~ss 53 9r_eystone Rd. --~o~ Ca~B$1e,PA. 17013 ~4~ Wx:~E£- i~°T ¥oyac]er NL-] UNK[] i%F,~om' 40 us~o~ 0 - OW~Ee~e 1 ~ ~r PA ~ ~910 William H. Boldosser tTeZ~z ~oous { 3013510 INTERSECTING ROAD: ' IF NOT AT INTERSECTION: ' s~c-~mm~.R Exit 15 ~TATE OWNER NX~.SS & ZIPCOOE BODYTYPEI ~E3 pe,mDOT - BHSTE 001,946 Opec! 1 Opoc! 2 INCIDENT ~ r DATE: Unit ! 1 No cell phone Unit ! 2 No cell__~ Unit ! 3 NO cell pho~ Unit ! I was t=dveling ~iu~h on SR 0081 in the ..~.-,~*lng lane. Unit o~? 0081~ in the right has lane, infront og unit t 1. Onit t 3 was lunit S 2 at which ti~e North on Sl~'[< ~ffo,,~ of unit ! 2. At ·his ~as the initial point of impact. Follo~irg initial i.=~a-ct unit ! 1 ~eastern direction where it i~oacted with the dirt and grass ~alan, where it ca~m [u~rr_~.. lovemaking vehicle on the left u.~2 DrLvmCj vehicle at safe speed , O. % 3013509 001847 ...................... [INCIDENT #: B2-1151145 ~ACCIDENT DATE: 09/18/00 HIJKL Unit ! 2 gollowin~ initial impact continu(M in a t~rthe~ diction ~ it st&~k ur~t I 3 in the rear with it's front en~. ~is was the s~con~] point of l~ct. ~ollowlll~ impact unit J 2 L:>rocee~ in a Souther~ directio~ wh~ it f~(] with & total ~a~-~ ~afl ~ith it's ~=~en~ers si~e. ~is ~a~ th~ third Doint of impact. ~ollo~ln~ this {_ ~-~,untt : ~odian and onto the South bound lanes of S~ 00~1, ar~ left the roao~my ar~ ~ ~,~ rock embankment on the South bound side of SR 0081 mare it cam~ to rest. t~it I 3 follo~in~ impact with unit t 2 continoe~ North on S~ 0~31 whe~ it ~ to r~st o~ ~ ~% ~ound berm. Physical a~,,~e was observed at the scene conststir,~ of moderate a=,.-fle to the 0£, tv Ih '.~=='~? H2-1151145 00'1848 COMMONWEALTH OF PENNSYLVANIA PAI~ CONTINUATION SHEET ~:ORTABLE ~] NON-REPORTABLE ] pENNOOTUSEI~I[~ 213 a' ~'~"~'"~ ---~ mi~oc tl~m~e tO unit t l's ~,_ ~ of moderate da~e to the fr~nt~ en~ and ii,rate damage to the [~assengers side. unit J 3 was observed consisting of severe damage to the .... at 1220 hrs. and related that she Oper J 1 was inter~iewe~ at the scene on was ~ra~el~ng No~th ~n SR 0081 in the right ha~ lan~ a~out to make the exit at 15, at which time she was struck in the go into the median. Ope~ ! 2 ~as interviewed on 09/18/00 at 1315 hrs. al: Carlisle hospital he was ~ra~el~ng NOrth on SE 0081 in the right'~-iam~ at which time a re~ mini van travel~ ing in the passing lane changed lanes infront of him a~ cut at which time unable to stop h~ struck the red mini van. . ...................... t~av~°~ng NO~ on SE °081 and ~as p~t~ing to ~e~ o{~ behind him. ~itness pAPE~I was inter~/iewed at the scene on 09/!8/00 at 1240 hrs. and related that she got on SE 0081 NOrth bound at E~it 14 at Which time she r~called a ~ mini val~ gas~ her in the passing lane and th_eh later she saw ~lnit ~ 2 s~-~rve out of control. ~itnsss BO~ ~as interviewed at the scene o1~ 09/18/00 at 1245 she was traveling NO~th On SE 008i f~'the right h~ 1.~ne behil~ ~]~1~ ~ ob~/ed the red mini van operated b~ opar ~ 1 in the pas~ing lane_a~ late~ saw _th~ _tractor ~a~lel:-~t swede and lose control, resulting in the accident.. Unit ~ 1 ~as towed from the scene by Johns towing. L~it ! 2 was towe~ fr~m th~ scene ...................... by jOHNS towing. Unit ~ 3 was tc~ed fr~ th~ ~ne-~' 001549 COMMONWEAL TH OF PI:!NNSYL VANIA PAR CONTINUATION SHEET ^CC,OENT 09/18/00 21 s7 ~a~-O015 furnished 2o all pa~cies involved in the accident. ~ ~elease s~mi~ted. State Farm Insurance Companies CERTIFICATE OF COVERAGE Claim Number: 38-J543-432 State Farm lnsurance 115 Limekiln Road PO Sox 257 New Cumberland PA 17070-0257 The undersigned is a Claim Team Manager for: State Farm County Mutual Insurance Company of Texas __State Farm Lloyds, Inc. __State Farm Indemnity Company State Farm Mutual Automobile Insurance Company ~.State Farm Fire and Casualty Company This certifies that policy number S942-553-38E 001, covering a 1994 Chevrolet Lumina Van, was issued to Lauri A. Sheriff and Wayne Sheriff, Jr. and was in effect on the accident date of September 18, 2000. The coverages and limits of liability for this policy on that date were: A 100/300/100, C2 100,000, D 100, H, U-BI 50/100, F 2,500, W 50/100, Z This policy provides Full Tort. Kar~ ,~ ,~CL~ ClaTTeam Manacjer ~ State of Pennsylvania County of York )s~o Subscribed and sworn to before me this My Commission Expires: State Farm Fire and Casualty Company HOME OFFICES: BLOOMINGTON, ILLINOIS 617'10-0001 State Farm Insurance Companies March 1, 2004 State Farm Insurance 115 Limekiln Road PO Box 257 New Cumberland PA 17070-0257 Navitsky, Olson & Wisneski 2040 Linglestown Rd, Ste 303 Harrisburg, PA 17110 RE: Claim Number: Date of Loss: Our Insured: Your Client: 38-J543-432 September 18, 2000~ Lauri A Sheriff Daniel Henderson Dear Attorney wisneski: This letter serves to follow-up our conversation today. We offered to settle your client's claim for $80,000 and you advised that would be subject to the underinsured carrier providing you with consent to the settlement. We will have Attorney Eager forward the release. If you have any questions, please call. Sincerely, Noel Doutrich Claim Representative (717) 774-9011 State Farm Fire and Casualty Company cc: Attorney Eager HOME OFFICES: BLOOMINGTON, ILLINOIS 61710-0001 NAVITSKY, OLSON & WISNESKI LLP A T T 0 R N E Y S A T L A W March 2, 2004 VIA FAX (215/625-1251) AND VIA REGULAR MAIL Terry C. Seningen Claim Examiner One Beacon Insurance P.O. Box 110 Philadelphia, PA 19105-9703 Our client: Daniel Hendemon Your insured: Dave's Truck Repair Claim number: OCP-00977Z D/L: September 18, 2000 Dear Mr. Seningen: Please allow this letter to confirm that Defendant's insurance carrier, State Farm, has made an offer to:settle Mr. Henderson's third-party claim for $80,000. Mr. Henderson would like to accept the settlement offer, and to then proceed with ~mderinsuranee arbitration, giving your company a credit for the Defendant's $100,000 policy liralts. Attached please find a copy of State Farm Insurance Company's correspondence of March 1, 2004 extending the offer of settlement, subject to your company's consent and waiver of subrogation. I ask that your company, within 30 days of the date of this letter, please advise me as to whether it will grant its consent to such a settlement and waJ[ve its subrogation interest in the matter. Thank you for your attention to this matter. Should you have any questions, please do not hesitate to contact my office. DSW/les Enclosure ~O~O Linglestown Road · Suite aO$ · Harrisburg, PA 17 1 10 Phone: (717) 541-9205 Fax: (717) 541-9206 Toll Free: 1-800-818-9608 www.nowllp.com NAVITSKY, OLSON & WISNESKI LLP A T T 0 R N E Y S A T L A W April 30, 2003 Terry C. Seningen Claim Examiner One Beacon Insurance P.O. Box 110 Philadelphia, PA 19105-9703 Our client: Daniel Henderson Your insured: Dave's Truck Repair Claim number: OCP-00977Z D/L: September 18, 2000 Dear Mr. Seningen: Pursuant to your letter of April 28, 2003, enclosed please find a copy of the Complaint that was filed in the above-captioned matter. The litigation in the case remains ongoing. Interrogatories and Requests for Production of Documents have been exchanged, but depositions have not yet been taken. Also enclosed is a copy of the Defendant's insurance 'policy verifying liability limits of $100,000. I ask that you please provide me with written confirmation as to the underinsured motorist's coverage available to Mr. Henderson under the One Beacon Insurance Policy in effect for Dave's Track Repair as of the time of the accident. Thank you for your attention to this matter. DSW/les Enclosure .~0tO Linglestown Road · Suite $05 · Harrisburg, PA 17110 Phone: (717) 541-9205 Fax: (717) 541-9206 Toll Free: 1-800-818-9608 www. nowllp.com DANIEL K. HENDERSON, and JACQUEL1NE HENDERSON, Plaintiffs V. LAURI A. SHERIFF, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 02-04468 CiVIL ACTION - LAW JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this ay of , 2004, upon review and consideration of Plaintiffs' Petition for Rule to Show Ca[tse, the Court hereby issues a Rule upon One Beacon Insurance Company to Show Cause as to why it should not be deemed to have granted its consent to the settlement of the third-party claims of Daniel K. Henderson and Jacqueline Henderson, and to have waived it subrogation interest in connection with such claims, so as to permit Plaintiffs to conclude the settlement of such claims and to preserve their rights to proceed with claims for underinsurance benefits under The Dave's Truck Repair PA General/One Beacon Insurance policy or, in the alternative, why One Beacon Insurance Company should not be compelled to tender its own draft in the amount of $80,000.00 to Daniel K. Henderson and Jacqueline Henderson in order to substitute for the torfeasor's payment of such amount. This Rule is Returnable by way of written answer within .~O days '~ 04a~. If no written answer is received within this time period, the Court will issue an Order granting the Petition on submission by counsel. NOTICE OF THE ENTRY OF THIS ORDER SHALL BE PROVIDED TO ONE BEACON INSURANCE AND ALL PARTIES BY DAVID S. WISNESKI, ESQUIRE. BY TH~..9~ DANIEL K. HENDERSON, and JACQUELINE HENDERSON, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 02-044.68 LAURI A. SHERIFF, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED pRAECIPE FOR DISCONTINU'~d~ICE,- TO THE PROTHONOTARY: Kindly mark the above-referenced matter settled, discontinued, and ended with prejudice. Dawd/S X~sneski, Esqm Attorney-at-Law 2040 Linglestown Road Suite 303 Harrisburg, PA 17110 Attorney for Plaintiff DANIEL K. HENDERSON, and JACQUELINE HENDERSON, Plaintiffs LAURI A. SHERIFF, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 02-04468 CIVIL ACTION - LAW JURY TRIAL DEMANDED DISCONTINUANCE Andnowthis e~t~/~Say of ]~/ , 2004, the hereby marked settled, satisfied, and discontinued with prejudice. above-referenced matter is BY: