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HomeMy WebLinkAbout02-4537CHARLES G. EVANS, PLAINTTIFF Vo ROGER L. MARKLEY and PAMELA S. MARKLEY, his wife, and MICHAEL PATTERSON and TAWNEY PATTERSON, his wife, DEFENDANTS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - ~/5~ CIVIL TERM CIVIL ACTION - LAW PRAECIPE FOR A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff and issue a Writ of Summons against the defendants, Roger L. Markley, Pamela S. Markley, Michael Patterson and Tawney Patterson. Please direct the Sheriff to serve the defendants as follows: Mr. Roger L. Markley Ms. Pamela S. Markley 222 Meadow Drive Shippensburg, PA 17257 Mr. Michael Patterson Ms. Tawney Patterson 2831 Johnson Drive Chambersburg, PA 17201 Date: September 18, 2002 Respectfully submitted, IRWIN, McKNIGH~ ROGER L. MARKLEY and PAMELA S. MARKLEY MICHAEL PATTERSON and TAWNEY PATTERSON You are hereby notified that Charles G. Evans, the plaintiff, has commenced an action against you which you are required to defend or a default judgment may be entered against you. Z~/~t~h p~O~/T~ONOTARY CHARLES G. EVANS and CHARLES G. EVANS, Administrator of the Estate of LUNNA EVANS ROGER L. MARKLEY and PAMELA S. MARKLEY, his wife, and MICHAEL PATTERSON and TAWNEY PATTERSON, his wife, DEFENDANTS IN THE COURT OF COMMON PLEAS Or0' CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4537 CIVIL TERM CIVIL ACTION - LAW AMENDED PRAECIPE FOR A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please enter my appearance on behalf of the Plaintiffs and issue a Writ of Summons against the defendants, Roger L. Markley, Pamela S. Markley, Michael Patterson and Tawney Patterson. Please direct the Sheriff to serve the defendants as follows: Mr. Roger L. Markley Ms. Pamela S. Markley 222 Meadow Drive Shippensburg, PA 17257 Date: October 17, 2002 By: Mr. Michael Patterson Ms. Tawney Patterson 2831 Johnson Drive Chambersburg, PA 17201 Respectfully submitted, IRWIN, Mc .KNI~ ~~Knight, III~-~squire 60 West Pomfret Street, Carlisle, PA 17013 (717) 249-2353 - Supreme Court I.D. No: 25476 To: ROGER L. MARKLEY and PAMELA S. MARKLEY MICHAEL PATTERSON and TAW'NEY PATTERSON You are hereby notified that Charles G. Evans, and Charles G. Evans, Administrator of the Estate of Lunna Evans, the plaintiffs, have commenced an action against you which you are required to defend or a default judgment may be entered against you. t~ , __ /q By: DEPUTY Date: ~ /'7 ,2002 CHARLES G. EVANS and CHARLES G. EVANS, Administrator of the Estate of LUNNA EVANS, PLAINTIFF ROGER L. MARKLEY and PAMELA S. MARKLEY, his wife, and MICHAEL PATTERSON and TAWNEY PATTERSON, his wife, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4537 CIVIL TERM CIVIL ACTION - LAW PRAECIPE TO REINSTATE AMENDED PRAECIPE FOR A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please reinstate the Amended Praecipe for a Writ of Summons in the above-captioned case. By: Respectfully submitted, IRWIN, McKNIGHT & HUGHES ~0a~; ~;mM;et~II' Esquire Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No: 25476 Attorney for Plaintiffs Date: November 27, 2002 SHERIFFIS RETURN - OUT OF COUNTY CASE NO: 2002-04537 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EVANS CHARLES G VS MARKLEY ROGER L ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MARKLEY ROGER L but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On ~ovember 21st , 2002 , this office was in receipt of the attached return from FRANKLIN Sheriff,s Costs: Docketing Out of County Surcharge Dep Franklin Co 18.00 9.00 10.00 86.00 .00 123.00 11/21/2002 So answe~r~._~.~ ..... ~ / Sheriff of Cumberland County IRWIN MCKINGHT HUGHES Sworn and subscribed to before me this ./~ ? day of ~ _ ~ A. D. Prothonotary' SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-04537 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EVANS CHARLES G VS MARKLEY ROGER L ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MARKLEY PAMELA S but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On November 21st , 2002 , this office was in receipt of the attached return from FRANKLIN Sheriff,s Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 11/21/2002 Sheriff of Cumberland County IRWIN MCKNIGHT HUGHES Sworn and subscribed to before me this /9 ~ day of ~ :2 o~ib A.D. / / P~6'tho~otary, SHERIFF'S RETURN - OUT OF COUNTY ~CASE NO: 2002-04537 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EVANS CHARLES G VS MARKLEY ROGER L ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: PATTERSON MICHAEl, but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On ~ovember 21st , 2002 , this office was in receipt of the attached return from FRANKLIN Sheriff,s Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 i /2 /2002 SO a~: / - ~~ R. Thomas Kl-i~ Sheriff of Cumberland County IRWIN MCKNIGHT HUGHES Sworn and subscribed to before me this day of _ ~2~ A.D. Prothonot ~r~' SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-04537 p COMMONWEALTH OF PENNSYLVANIA: COUNTy OF CUMBERLAND EVANS CHARLES G VS MARKLEY ROGER L ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: PATTERSON TAW-NEY but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On ~ovember 21st , 2002 , this office was in receipt of the attached return from FRANKLIN Sheriff,s Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 i /2 /2002 Sheriff of Cumberland County IRWIN MCKNIGHT HUGHES Sworn and subscribed to before me this _/~ day of ~ ~ ~ A.D. FroE~onotary , In The Court of Common Pleas of Cumberland County, Pennsylvania Charles G. Evans VS. Ro~er L. Markley et al ~ ~z_ ! ~ SERVE: Tawney Patterson No. 02 4537 civil Now,_ september 25, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County. PA Affidavit of Service ,200__~__.~, at f'/%" o'clock _ ,~ M. served the by handing to and made known to /~e~ copy of the original the contents thereof. Patrioa ,a Sit ,Notary Public I Charnbersbur~ Bor, ~:ranklin Coun~ ~ Sworn and subscribed before .,me cy z _ ., 20 So answers, Sheriffo ~C'W~lZ I-..- County, PA COSTS SERVICE MILEAGE AFFIDAVIT In The Court of Common Pleas of Cumberland County, Pennsylvania Charles G. Evans VS. Roger L. Markley et al SERVE: Michael Patterson ~ ~ -/~ T No. 02 4537 civil NOW,_ september 25, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriffof Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiffi Sheriff of Cumberland County, PA Affidavit of Service Now, ~ 7 within ~ at ~ by handing to ~ ,20_o;.--, at ~5.'3F' o'clock ~ M. served the a and made known to _. .~,/~ copy of the original the contents thereof. So answers, Patricia A Str ,lotaty Public Chambersbur~; Franklin County }~/Commiaaion Ex_p~ms Nov. 4, 2004 Sworn and subscribed before me th~ day of ,20 COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA In The Court of Common Pleas of Cumberland County, Pennsylvania Charles G. Evans VS. Roger L. Markley et al SERVE: Pomela S. Markley No. _02 4537 civil Now,_ Se~tenber 25, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff °f Cumberland County, PA within Affidavit of Service , 20~, at o'clock M. served u/Don at by handing to a and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this __ _ day of ,20 Sheriffof COSTS SERVICE MILEAGE AFFIDAVIT County, PA In The Court of Common Pleas of Cumberland County, Pennsylvania Charles G. Evans VS. Roger L. Markley et al SERVE: Tawney Patterson NO. 0~2 4537 civil Now, __september 25, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, ~is deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA /NTOW, within Affidavit of Service , 20~, at o'clock _ M. served the upon at by handing to and made known to copy of the ori~nal So answers, the contents thereof. Sworn and subscribed before me this __ day of ,2O Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA 03HB-00021 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants Roger L. Markley and Pamela S. Markley CHARLES G. EVANS, (PLAINTIFF) VS. ROGER L. MARKLEY AND PAMELA S. MARKLEY, HIS WIFE, AND MICHAEL PATTERSON AND TAWNEY PATTERSON, HIS WIFE, (DEFENDANTS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4537 CIVIL TERM CIVIL ACTION - LAW JURY TmAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendant, Roger Marldey and Pamela Marldey. Respectfully submitted, LAW OFFICE&OF JACOBSa~--SABA By ,.,~~r-. ~'~ ' Girard I~. Rickards, Esquire Court ID 58867 Date: Februa~_ 21, 2003 03HB-00021 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants Roger L. Markley and Pamela S. Markley CHARLES G. EVANS, (PLAINTIFF) VS. ROGER L. MARKLEY AND PAMELA S. MARKLEY, HIS WIFE, AND MICHAEL PATTERSON AND TAWNEY PATTERSON, HIS WIFE, (OEF NDANTS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002-4537 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Girard E. Rickards, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of my Entry of Appearance, to be served by regular first class mail upon: Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Dated: February 21, 2003 Girard E. Rickards, Esquire Attorney for Defendant 03HB-00021 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants Roger L. Markley and Pamela S. Markley CHARLES G. EVANS, (PLAINTIFF) VS. ROGER L. MARKLEY AND PAMELA S. MARKLEY, HIS WIFE, AND MICHAEL PATTERSON AND TAWNEY PATTERSON, HIS WIFE, (DEFENDANTS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002-4537 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a RULE upon Plaintiff to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. ¢// Girard E. Rickards, Esquire Date: '~ _ Attorney for Defendants Markley Court I.D 58867 RULE TO FILE COMPLAINT AND NOW, this /p~'~clay of /-~dptd.t k~ ,2002 a RULE is hereby entered upon the Plaintiff to file a Complaint hereir~ within twehty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. i'ROTHONO"I~ARY(~ 03HB-00021 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants Roger L. Markley and Pamela S. Markley CHARLES G. EVANS, (PLAINTIFF) VS. ROGER L. MARKLEY AND PAMELA S. MARKLEY, HIS WIFE, AND MICHAEL PATTERSON AND TAWNEY PATTERSON, HIS WIFE, (DEFENDANTS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002-4537 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Girard E. Rickards, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the Praecipe for Rule to File Complaint, to be served by regular first class mail upon: Marcus A. McKnight, IH, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Dated: April 9, 2003 Michael Petterson & Towney Petterson 2831 Johnson Drive Chambersburg, Pa 17201 Girard E. Rickards, Esquire Attorney for Defendants Markley Identification No. 58867 CHARLES G. EVANS and CHARLES G. EVANS, Administrator of the Estate of LUNNA EVANS, Plaintiff ROGER L. MARKLEY and PAMELA S. MARKLEY, his wife, MICHAEL PATTERSON and TAWNEY PATTERSON, his wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4537 CIVIL TERM CIVIL ACTION - LAW NOTICE TO DEFEND 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, order and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further 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, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business bef6re the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or heating. CHARLES G. EVANS and CHARLES G. EVANS, Administrator of the Estate of LUNNA EVANS, Plaintiff Vo ROGER L. MARKLEY and PAMELA S. MARKLEY, his wife, MICHAEL PATTERSON and TAWNEY PATTERSON, his wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4537 CIVIL TERM CIVIL ACTION - LAW COMPLAINT AND NOW, this 12th May, 2003, comes the Plaintiff, Charles G. Evans and Charles G. Evans, Administrator of the Estate of Lunna Evans, by his attorneys, Irwin, McKnight & Hughes, and makes the following Complaint against the Defbndants, Roger L. Markley and Pamela S. Markley, his wife, and Michael Patterson and Tawny Patterson, his wife, as follows: The Plaintiff is Charles G. Evans, an adult individual residing at 137 Whiskey Run Road, Newville, Cumberland County, Pennsylvania 17241. He also serves as the Administrator of the Estate of Lunna Evans. The Defendants are Roger L. Markley and Pamela S. Markley, his wife, adult individual residing at 222 Meadow Drive, Shippensburg, Cumberland County, Pennsylvania 17257. The Defendants are Mr. Michael Patterson and Tawney Patterson, his wife, adult individual residing at 2831 Johnson Drive, Chambersburg, Franklin County, Pennsylvania 17201. On Thursday, October 19, 2000, at approximately 2:45 p.m., the Plaintiff was driving his 1992 Chevrolet Lumina east on State Route 0011 in the Borough of Shippensburg, Cumberland County, Pennsylvania. o As the Plaintiff traveled east bound on State Route 0011, he past through the intersection of State Route 0011 and South Washington Street, he crested a hill and had to stop for traffic in front of 308 East King Street within the Borough of Shippensbm:g. o A 1996 Nissan XE, owned by Defendants, Michael Patterson and Tawny Patterson, his wife, and driven by Michael Patterson, travelling eastbound, crested the hill and failed to stop for traffic which was stopping. The Defendant's vehicle struck the rear end of the Plaintiffs' vehicle. o A 1993 Jeep Cherokee owned and operated by Pamela Sue Markley, travelling eastbound, crested the hill and failed to stop for traffic which was stopping. The Defendant's vehicle struck the rear end of the Defendant Pattersons' vehicle which again struck the rear end of the Plaintiff's vehicle. COUNT I PLAINTIFF v. DEFENDANTS MICHAEL PATTERSON and TAWNY PATTERON The averments of fact contained in paragraphs one (1) through seven (7) of the Complaint are incorporated herein by reference and are made a part of this Count. o The Defendant, Tawney Patterson, was the co-owner of the 1996 Nissan XE driven by Defendant, Michael Patterson. At the time of the accident, Michael Patterson, was acting on behalf of his wife, as her agent. In the alternative, Defendant, Tawney Patterson, negligently entrusted the vehicle to Michael Patterson. She is therefore liable for the negligent actions of Michael Patterson as he operated their vehicle. 10. The impact of the collision between the Plaintiffs' vehicle and the vehicle of the Defendants, Michael Patterson and Tawney Patterson, caused severe injuries to the Plaintiff's neck and back. 11. The accident and injuries sustained by Plaintiff were caused by the negligent, careless and reckless actions of the Defendants, Michael Patterson and Tawny Patterson. The Defendant driver, Michael Patterson, was travelling at a speed that was not prudent for the existing conditions which were slowing traffic. The Defendant, Michael Patterson, was cited with operating his vehicle at a safe speed. 5 12. The conduct of Defendant, Michael Patterson, was negligent, careless and reckless and with disregard and indifference to the rights and wellbeing of others and the Plaintiff in that they were: ao Co negligent in failing to stop for traffic which was ..stopped and which was clearly visible; negligent in failing to keep his vehicle under adequate control in order to avoid striking the Plaintiffs' vehicle; traveling in and operating a vehicle in a reckless and careless manner; travelling at a speed prudent for the existing conditions which was slowing traffic; and Failing to provide adequate warning of the collision. 13. The negligent actions of the Defendants, Michael Patterson and Tawney Patterson, are the proximate cause of the injuries to the Plaintiff, Charles G. Evans. 14. The Plaintiff, Charles G. Evans, seeks compensation for the pain and suffering, emotional distress, and loss of life's pleasures and work loss since the date of the accident as well as compensation for future losses he will incur in these areas from the Defendants, Michael Patterson and Tawney Patterson. 15. The Plaintiff, Charles G. Evans, seeks compensation for the medical expenses which he has incurred and may incur in the future to treat his injuries from the Defendants Patterson. 6 16. The Plaintiff, Charles G. Evans, seeks compensation for the permanent injuries which he has sustained from the Defendants Patterson in this case. 17. The Plaintiff, Charles G. Evans, seeks damages for the Estate of Lunna Evans for the loss of society and comfort she experienced due to injuries sustained by her husband. WHEREFORE, the Plaintiff, Charles G. Evans, seeks damages from the Defendants, Michael Patterson and Tawney Patterson, his wife, in the amount in excess of Fitly Thousand and no/100 ($50,000.00) Dollars with interest as permitted by law and the costs of this litigation. COUNT II PLAINTIFF v. DEFENDANTS ROGER L. MARKLEY and PAMELA S. MARKLEY 18. The averments of fact contained in paragraphs one (1) through seventeen (17) of the Complaint are incorporated herein by reference and are made a part of this Count. 19. The Defendant, Roger L. Markley, was the co-owner of the 1993 Jeep Cherokee driven by Defendant, Pamela S. Markley. At the time of the accident, Pamela S. Markley, was acting on behalf of her husband, as his agent. In the alternative, Defendant, Roger L. Markley, negligently entrusted the vehicle to Pamela S. Markley. He is therefore liable for the negligent actions of Pamela S. Markley as she operated their vehicle. 20. The impact of the collision between the Plaintiffs' vehic, le and the vehicle of the Defendant, Roger L. Markley and Pamela S. Markley, caused severe injuries to the Plaintiff's neck and back. 21. The accident and injuries sustained by Plaintiff was caused by the negligent, careless and reckless actions of the Defendants, Pamela S. Markley and Roger L. Markley. The Defendant driver, Pamela S. Markley, was travelling at a speed that was not prudent for the existing conditions which were slowing traffic. The Defendant, Pamela S. Markley, was cited with driving vehicle at a safe speed. 22. The conduct of Defendant, Pamela S. Markley, was negligent, careless and reckless and with disregard and indifference to the rights and wellbeing of others and the Plaintiff in that they were: ao be Co eo negligent in failing to stop for traffic which was stopped and which was clearly visible; negligent in failing to keep her vehicle under adequate control in order to avoid striking the Plaintiffs' vehicle; traveling in and operating a vehicle in a reckless and careless manner; travelling at a speed prudent for the existing conditions which was slowing traffic; and Failing to provide adequate warning of the collision. 8 23. The negligent actions of the Defendants, Roger L. Markley and Pamela S. Markley, are the proximate cause of the injuries to the Plaintiff, Charles G. Evans. 24. The Plaintiff, Charles G. Evans, seeks compensation for' the pain and suffering, emotional distress, and loss of life's pleasures and work loss since the date of the accident as well as compensation for future losses he will incur in these areas from the Defendants, Roger L. Markley and Pamela S. Markley. 25. The Plaintiff, Charles G. Evans, seeks compensation for the medical expenses which he has incurred and may incur in the future to treat his injuries from the Defendants Markley. 26. The Plaintiff, Charles G. Evans, seeks compensation for the permanent injuries which he has sustained from the Defendants Markley in this case. 27. The Plaintiff, Charles G. Evans, seeks damages for the Estate of Lunna Evans for the loss of society and comfort she experienced due to injuries sustained by her husband. WHEREFORE, the Plaintiff, Charles G. Evans, seeks damages from the Defendants, Roger L. Markley and Pamela S. Markley, his wife, in the amount in excess of Fifty Thousand and no/100 ($50,000.00) Dollars with interest as permitted by law and the costs of this litigation. Date: May 12, 2003 By: Respectfully submitted, IRWIN, MCKNIGHT & HUGHES 60awc~p;~ i~~ ~ ~ ~re Carlisle, Pennsylwmia 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Attorney for plaint:iff, Charles G. iEvans. 10 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. CHARLES G. EVANS Date: yu~Y 12, 200~3 CHARLES G. EVANS and CHARLES G. EVANS, Administrator of the Estate of LUNNA EVANS, Plaintiff ROGER L. MARKLEY and PAMELA S. MARKLEY, his wife, MICHAEL PATTERSON and TAWNEY PATTERSON, his wife, Defendants : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4537 CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Girard E. Rickards, Esquire Law Offices of Jacobs & Saba 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Attorney for Roger L. Markley and Pamela S. Markley Michael Patterson and Tawney Patterson 2831 Johnson Drive Chambersburg, PA 17201 By: IRWIN, McI~IGHT & HUGHES Esquire 53 Supreme Court I.D. No. 25476 Date: May 12, 2003 11 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 John Flounlacker, Esquire Attorney I.D. 73112 (717)237-7134 Attorneys for Defendants, Patterson CHARLES G. EVANS, Plaintiff V ROGER L. MARKLEY and PAMELA S. MARKLEY, his wife, and MICHAEL PATTERSON and TAWNEY PATTERSON, his wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4537 CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance for Defendants, Michael Patterson and Tawney Patterson in the above-captioned case. Dated: ,.~ .)/&,3 THOMAS, THOMAS & HAFER, LLP John r, Esquire I.D. Number: 73112 305 North Front Street P.O. Box 999 Harrisburg, PA 17101 (717)237-7134 Counsel for Defendants Patterson CERTIFICATE OF SERVICE I. Jeannie L. Kawalec, an employee for the law finn Thomas, Thomas & Hafer, LLP, hereby state that a tree and correct copy of the foregoing Entry of Appearance was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: By First Class U.S. Mail: Marcus A. McKnight, Esquire IRWIN MCKNIGHT AND HUGHES 60 W. Pomfi'et Street Carlisle, Pa 17013-3222 Girard E. Rickards, Esquire JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Dated: ~/..) :~/¢~3 THOMAS, THOMAS & HAFER, LLP )~e L. Kawalec IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Charles G. Evans Civil Division and Administrator of the Estate of Lunna Evans VS. Roger L. Markley and Pamela Markley his wife, and Michael Patterson and Tawney Patterson his wife No. 2002-4537 SUGGESTION OF BANKRUPTCY To: Prothonotary Please note upon the record that Michael Patterson one of defendants in the above-captioned action, filed a Voluntary Petition in Bankruptcy with the United States Bankruptcy Court for the Middle District of Pennsylvania at Harrisburg, PA, on May 16, 2003, at 11:14 o'clock A.M., which petition was docketed to 1-03-02938. PURSUANT TO THE PROVISIONS OF 11 U.S.C. §362(A), AN AUTOMATIC STAY IS IN EFFECT FOR ALL PROCEEDINGS INVOLVING THE ABOVE-NAMED DEFENDANT(S). CERTIFICATE OF SERVICE I, Richard L. Bushman, Esquire, attorney for the above captioned defendant(s) in the bankruptcy proceeding before the United States Bankruptcy Court for the Middle District of Pennsylvania, do hereby certify that on the date set forth below I served the within "Suggestion of Bankruptcy" by depositing a copy of the same in the United States Mail, postage prepaid, at Spring Run, Pennsylvania, addressed to the parties or attorney's of record as follows: Date: Charles G. Evans & administrator of Estate of Lunna Evans 137 Whiskey Run Rd. Newville, PA 17241 May 28, 2003 Marcus A Mc:Knight III 60 West Carlisle PA 3ushman 1( 37 Path Valley Road P.O. Box 51 Spring Run, PA 17262-0051 [717] 349-7657 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 CHARLES G. EVANS, Plaintiff V ROGER L. MARKLEY and PAMELA S. MARKLEY, his wife, and MICHAEL PATTERSON and TAWNEY PATTERSON, his wife, Defendants John Flounlacker, Esquire Attorney I.D. 73112 (717)237-7134 Attorneys for Defendants, Patterson IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4537 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIlelCATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party; A copy of the Notice of Intent, including the proposed subpoenas, is attached to this Certificate; 3. 4. More than twenty (20) days have elapsed and no objections have been filed; and The subpoenas which will be served are idenXical to the subpoenas which are attached to the Notice of Intent to Serve Subpoena. THOMAS, THOMAS & HAFER , LLP Date: June t~), 2003 By: JO F~LOUNLACKER, ESQUIRE Attorney tbr Defendant 242975-1 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 CHARLES G. EVANS, Plaintiff John Flounlacker, Esquire Attorney I.D. 73112 (717)237-7134 Attorneys for Defendants, Patterson · IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V ROGER L. MARKLEY and PAMELA S. MARKLEY, his wife, and MICHAEL PATTERSON and TAWNEY pATTERSON, his wife, Defendants : NO. 2002-4537 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED TO: Counsel of Record Defendant intends to serve subpoenas identical to the ones that are attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas will be served. Date: May 29, 2003 THOMAS, THOMAS & HAFER, LLP Attorney for Defendant 239304-1 COMMONWEALTH OF. PENNSYLVANIA COUNTY OF CUMBERLAND IN THE COU2~T OF COMMON PLEAS CHARLES G. EVANS, Plaintiff CUIvlBERLAND COUNTY, PENNSYLVANIA V ROGER L. MARKLEY and pAMELA S. MARKLEY, his wife, and MICHAEL PATTERSON and TAWNEY PATTERSON, his wife, Defendants : NO. 2002-4537 : : CIVIL ACTION - LAW : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Blue Cross - Blue Cross Custom Blue, Harrisburq, PA 17177, Within twen~ (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: records ertainin to Charles Evans DOB: 3/27140' SSN: 181- ~ords erratum m ~nar,~ . . . 34-0856' Polic IGrou : QAC 161344251 025792001 includm but not limited to: a lications for benefits wa e loss verifications summa of a merits made medical records and re errs accident re errs statements re errs of inde endent medical exams re errs of dia nostic studies surveillance re errs and films corres ondence and memos at: Thomas, Thomas & Hafer, LLP, 305 N. Front Street, Harfisbur.q, PA 17101 (Address) 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: John Flounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7125 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 239295-2 COMMONWEALTH OF PENNSYLVANIA CHARLES G. EVANS, Plaintiff V COUNTY OF CUMBERLAND : ff,l TIdE COURT OF COMMON PLEAS : CUMBEILLAND COUNTY, PENNSYLVANIA NO. 2002-4537 ROGER L. MARKLEY and PAMELA S. MARKLEY, his wife, and MICHAEL PATTERSON and TAWNEY PATTERSON, his wife, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Nationwide Insurance, PO Box 2655~ HarrisburR~ PA 17105-9971 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of all records pertaininq to Charles Evans (DOB: 3/27/40; SSN: t81 - 34-0856; Policy #: 58 37 B 531832), includinq but not limited to: applications for benefits, waqe loss verifications, summary of payments made, medical records and reports, accident reports, statements, reports of independent medical exams, repo~l.s of dia.qnostic studies, surveillance reports and films, correspondence and memos at: Thomas, Thomas & Hafer, LLP, 305 N. Front Street, Hardsburq, PA 17101 (Address) 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 dght 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: John FIounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7125 SUPREME COURT ID#: 73112 A'r-rORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 239295-3 CHAR-LES G. EVANS, Plaintiff v COMMONWEALTH OF PENNSYUFANIA COUNTY OF CUMBERLAND IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROGER L. MARKLEY and PAMELA S. MARKLEY, his wife, and MICHAEL PATTERSON and TAWNEY PATTERSON, his wife, Defendants NO. 2002-4537 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Neurosurqical Specialists, Ste 201,757 Norland Ave., Chambersbur.q, PA 17201 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of all records pertain n.q to Charles Evans (DOB: 3~27/40; SSN: 181-. 34.0856 'mcludin but not limite~'ent histories charts ~on re errs evaluations medicatio~ or other d aqnostic studies, diaqnostic test results and reports, correspondence and memos at: Thomas, Thomas & Hafer, LLP, 305 N. Front Street, Hardsburq, PA 17101 (Address) 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 dght 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: John FIounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7125 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 239295-4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHARLES G. EVANS, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4537 CIVIL ACTION - LAW JURY TRIAL DEMANDED ROGER L. MARKLEY and PAMELA S. MARKLEY, his wife, and MICHAEL PATTERSON and TAWNEY PATTERSON, his wife, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS. FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Chambersbur Hos ital 112 North Seventh Street Chambersbur PA 17201 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ...... ~'~'-'~e" Evans(DOB: 3127/40' SSN: 181- A corn lete co or all recoros ertalnln [o ~.,na[, ~ · 34-0856 includin but not limited to: hos italization records ain clinic records atient histories charts ro ress notes office notes consultation re oas evaluations medication charts x-fa s or other dia nostic studies dia nostic test results and re orts cortes ondence and memos at:~rLLP 305 N. Front Street Harrisbur PA 17101 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the. certificete of compliance, to the party making this request at the address listed above. You have the dght 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: John FIounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7125 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 239295-6 CERTIFICATE OF SERVICE AND NOW, this 29th day of May, 2003, I, DEENA B. MORRISON, a Paralegal in the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Mamus A. McKnight, Esquire Irwin McKnight and Hughes 60 West Pomfret Street Carlisle, PA 17013-3222 Girard E. Rickards, Esquire Jacobs & Saba 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 239304-1 THOMAS, THOMAS & HAFER, LLP 305 No~h Front S~ceet P.O. Box 999 Harrisburg, PA 17108 CHARLES G. EVANS, Plaintiff V ROGER L. MARKLEY and pAMELA S. MARKLEY, his wife, and MICHAEL PATTERSON and TAWNEY PATTERSON, his wife, Defendants John Flounlacker, Esquire Attorney I.D. 73112 (717)237-7134 Attorneys for Dcfendams, Patterson : 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-45137 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this -6~ 0 ¢. day of June, 2003, I, DEENA B. MORRISON, a paralegal in the law firm of Thomas, Thomas & Hafer LLP, hereby certit~, that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 Girard E. Rickards, Esquire Jacobs & Saba 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 242975-1 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 John FIounlacker, Esquire Attorney I.D. 73112 (717)237-7134 At~meys for Defendants, Patterson CHARLES G. EVANS, Plaintiff V ROGER L. MARKLEY and PAMELA S. MARKLEY, his wife, and MICHAEL PATTERSON and TAWNEY PATTERSON, his wife, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-4537 : C1VIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO PLAINTIFF: YOU ARE HEREBY REQUIRED to respond to the within New Matter within twenty (20) days of the date of service hereof or a default judgment may be entered against you. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: By: John Flounlacker, Esquire Attomey I.D. # 73112 P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 John Flounlacker, Esquire Attorney I.D. 73112 (717)237-7134 Attorneys for Defendants, Patlerson CHARLES G. EVANS and CHARLES G. EVANS, Administrator of the Estate of LUNNA EVANS, Plaintiffs ROGER L. MARKLEY and PAMELA S. MARKLEY, his wife, and MICHAEL PATTERSON and TAWNEY PATTERSON, his wife, Defendants : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-4537 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS, MICHAEL PATTERSON and TAWNEY PATTERSON'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW ONTO COURT, through undersigned counsel, comes the Defendants, Michael Patterson and Tawney Patterson, who, in Answer to the Complaim of the Plaintiff, respectfully represent that: 1. It is admitted that the Plaintiffs are who they says they are. 2. The averments contained in this paragraph are directed to another party and therefore no response is required of answering Defendants. 3. Denied as stated. By way of further explanation, Defendants, Michael Patterson and Tawney Patterson are divorced. Tawney Patterson resides at 2831 Johnson Drive, Chambersburg, Pennsylvania and Michael Patterson resides at 9543 Lincoln Way West, St. Thomas, Pennsylvania. 1029(e). 5. 1029(e). 6. The averments in this paragraph are denied generally in accordance with Pa.R.C.P. The averments in this paragraph are denied generally in accordance with Pa.R.C.P. It is admitted that the Answering Defendants owned the vehicle as described in this paragraph of the Plaintiffs Complaint. By way of further explanation it is admitted that Michael Patterson was operating the vehicle identified in the Plaintiffs' Complaint. By way of further explanation, the remains of the averments in this paragraph are denied generally in accordance with Pa.R.C.P. 1029(e). 7. The averments in contained in this paragraph are directed to another party and therefore no response is required of answering Defendants. By way of further explanation, the averments in this paragraph are denied generally in accordance with Pa.R.C.P. 1029(e). COUNT I PLAINTIFF v. DEFENDANTS MICHAEL PATTERSON and TAWNY PATTERSON 8. Paragraphs 1 through 7 of Defendants' Answer are incorporated herein and made a part hereof as if set forth in full. 9. It is admitted that Tawney Patterson and Michael Patterson were co-owners of a 1996 Nissan at all times relevant to the incident averred to in the Plaintiffs' Complaint. By way of further explanation it is also admitted that at the time of the incident Michael Patterson was the operator of this vehicle. By way of further explanation, the Answering Defendants submit that the remains of the averments in this paragraph amount to legal conclusions which require no answer. By way of further explanation, Answering Defendants specifically deny that Tawny Patterson negligently entrusted any vehicle to Michael Patterson at any time in connection with this incident. 10. The Answering Defendants submit that any allegations contained within this paragraph of the Plaintiffs' Complaint alleging that the Answering Defendants were the cause for the Plaintiffs' injuries or damages amount to legal conclusions which require no answer. By way of further explanation the remains of the averments in this paragraph of the Plaintiffs' Complaint are denied after reasonable investigation, answering Defendant I acks information or knowledge sufficient to form a basis to the belief as to the truth of the averments contained in this paragraph and same are therefore denied, strict proof being demanded at trial, if relevant. 11. The Answering Defendant submits that any allegations contained within this paragraph regarding the Answering Defendant being negligent, careless or reckless amount to legal conclusions which require no answer. By way of further explanation, the remaining averments in this paragraph are denied generally in accordance with Pa.R.C.P. 1029(e). 12. Answering Defendant submits that any allegations contained within this paragraph of the Plaintiff's Complaint alleging that the Answering Defendant was negligent, careless or reckless or that the Answering Defendant acted with disregard and/or indifference to the rights of others amount to legal conclusions which require no answer. By way of further explanation, the Answering Defendant submits that the remains of the averments in this paragraph amount to legal conclusions which require no answer. 13. The Answering Defendants submit that all of the allegations contained within this paragraph of the Plaintiffs of Plaintiffs' Complaint amount to legal conclusions which require no answer. 14-17. Answering Defendants must deny the allegations contained within this paragraph of the Plaintiffs' Complaint as after reasonable investigation, answering Defendant lacks information or knowledge sufficient to form a basis to the belief as to the truth of the averments contained in this paragraph and same are therefore denied, strict proof being demanded at trial, if relevant. COUNT II PLAINTIFF v. DEFENDANTS ROGER L. MARKLEY and PAMELA S. MARKLEY 18. Paragraphs 1 through 17 of Defendant's Answer are incorporated herein and made a part hereof as if set forth in full. 19-27. The averments in these paragraphs are directed to another party and therefore no response is required of answering Defendants. NEW MATTER 28. Future discovery may show that some and/or all of Plaintiff's claims may be reduced and/or barred based on the application of the applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 29. Future discovery may show that the negligent acts or omissions of other individuals and/or entities may have constituted intervening, superseding causes of the damages and/or injuries alleged to have been sustained by the Plaintiff. 30. Future discovery may show that the acts or omissions of answering Defendants were not the substantial cause of the Plaintiff's injuries and/or damages. WHEREFORE, Defendants, Michael Patterson and Tawney Patterson, hereby pray that the Complaint be dismissed, at the costs of Plaintiffs. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: John Flc ~ 1~ er,~ Attorney I.D. # 73112 P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 (717)237-7134 VERIFICATION I, MICHAEL PATTERSON, hereby state that the statements made in the foregoing Answer with New Matter to Plaintiff's Complaint are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. MICHAEL 230128-1 VERIFICATION I, TAWNEY PATTERSON, hereby state that the statements made in the foregoing Answer with New Matter to Plaintiff's Complaint are tree and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. TAWNEY I~TTERSON 230128-1 CERTIFICATE OF SERVICE I. Jeannie L. Kawalec, an employee for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a tree and correct copy of the foregoing Answer with New Matter was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: By First Class U.S. Mail: Marcus A. McKnight, Esquire IRWIN MCKNIGHT AND HUGHES 60 W. Pomfret Street Carlisle, Pa 17013-3222 Girard E. Rickards, Esquire JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Dated: Q [[(J]0--3 THOMAS, THOMAS & HAFER, LLP THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 John FIounlacker, Esquire Attorney I.D. 73112 (717)237-7134 Attorneys for Defendants, Patterson CHARLES G. EVANS, Plaintiff V ROGER L. MARKLEY and PAMELA S. MARKLEY, his wife, and MICHAEL PATTERSON and TAWNEY PATTERSON, his wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4537 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party; Certificate; A copy of the Notice of Intent, including the proposed subpoenas, is attached to this 3. More than twenty (20) days have elapsed and no objections have been filed; and 4. The subpoenas which will be served are identical to the subpoenas which are attached to the Notice of Intent to Serve Subpoena. Date: September 10,2003 By: THOMAS, THOMAS & HAFER, LLP JOHN FLOUNLACKER, ESQUIRE Attomey for Defendant 242975-2 THOMAS, THOMAS& HAFER, LLP 305 North Fmnt Stmet P.O. Box 999 Haffisbu~, PA 17108 CHARLES G. EVANS, Plaintiff V ROGER L. MARKLEY and PAMELA S. MARKLEY, his wife, and MICHAEL PATTERSON and TAWNEY PATTERSON, his wife, Defendants John Flounlacker, Esquire Attorney I.D. 73112 (717)237-7134 Attorneys for Defendants, Patterson : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002.-4537 : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED : NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009,21 TO: Counsel of Record Defendant intends to serve subpoenas identical to the ones that are attached to this Notice. You have twenty (20) days from the d ate listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas will be served. Date: August 19, 2003 THOMAS, THOMAS & HAFER, LLP By' JOH FL~OUNLACKER Attomey for Defendant 239304-2 COMMONWEALTH OF PENNSYLVANIA CHARLES G. EVANS, Plaintiff V COUNTY OF CUMBERLAND IN THE COURT OF COlVIMON PLEAS CUMBEP~,AND COUNTY, PENNSYLVANIA ROGER L. MARKLEY and PAMELA S. MARICLEY, his wife, and MICHAEL PATTERSON and TAWNEY PATTERSON, his wife, Defendants NO. 2002-4537 CIVIL ACTION - LAW : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THING,°, FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Shippensbur9 Health Serv4~e__~, 46 Walnut Botto~ Rd., Shi~_nsburg_. PA Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of all records pertaininq to Charles Evans (DOB: 3/27/40; SSN: 181. 34-0856), includinq but not limited to: thara,~ n~tes az~ repo,.ts, hosoit-~] ~ =ation records, patient histories, charts, pru~ess notes, consult~Hnn reportsr evalu~Hnns, diagnostic repu~Ls, corres~onamnee and m~m~s frcm 1990 to pr~ent 172,.7 at: Thomas, Thomas & Hafer, LLP, 305 N. Front Street, Harrisburq, PA 17101 (Address) 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: John FIounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7125 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendant DATE: J~_ Seal of the CoL~h BY THE COURT: Prothonotary/Clerk, Civil Deputy .... 239295-7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHARLES G. EVANS, Plaintiff ROGER L. MARKLEY and PAMELA S. MARKLEY, his wife, and MICHAEL PATTERSON and TAWNEY PATTERSON, his wife, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 2002-4537 : : CIVIL ACTION - LAW : IURY TRIA~L DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TQ RULE 4009,22 TO: Jay A. Townsend, M.D., 100 South High Street, Newville, PA 17241 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of all records pertaininq to Charles Evans (DOB: 3/27/40; SSN: 181- 34-0856), includinq but not limited to: hospi~-a! !zation r~'o_-~]s, patient h~$~J£1es, chares, progress notes, office notes, consultation reports, evaluations~ m~,~tion charts¢ x-rays or other diaqnostic studies, dla_ono~ti~_ coz:~.~,~ondence ~ ma'aos from 1990 to pr~=nt at: Thomas, Thomas & Hafer, LLP, 305 N. Front Street, Harrisbur.q, PA 17101 (Address) 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 dght 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: John Flounlacker, Esquire ADDRESS: P,O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7125 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendant BY THE COURT: DATE: J/.~.~- ~ 2r~ Seal of the Cou~t Pro~ho~n~tary/Clerk, Civil D~ ~Dep~ty ' - 239295-7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHARLES G. EVANS, Plaintiff V ROGER L. MARICLEY and PAIvlELA S. MARKLEY, his wife, and MICHAEL PATTERSON and TAWNEY PATTERSON, his wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4537 CIVIL ACTION - LAW /URY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Summit Behavioral Health Services, 176 South ¢bldbrook Ave., Unit ~2, ~%~mbersburg, FA I/ZU1 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of all records pertaininq to Charles Evans (DOB: 3127140; SSN: 181- 34-0856), includinq but not limite, d to: pat±ent h.tstor'ies, ~, o~)~ress notes. consultation reports, evaluatmons, medication charts~ x-rays or othe~ studies, test results and reports~ correspondence and memos frc~ 1990 to pre~nt at: Thomas, Thomas & Hafer, LLP, 305 N. Front Street, Harrisburq, PA 17101 (Address) 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 ~isted above. You have the dght 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 pady serving this subpoena may seek a court order compelling you to compty with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John Flounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7125 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendant DATE: --...,//.A.,~,~_ ~-~. Seal of the Court' BY THE COURT: Pr6tho-notary/Clerk, Civd Di~Ti~lF' Deputy ~ 239295-7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHARLES G. EVANS, Plaintiff V ROGER L. MARKLEY and PAMELA S. MARKLEY, his wife, and MICHAEL PATTERSON and TAWNEY PATTERSON, his wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4537 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Hospital. 246 Parker Street.. P~rl~l~, PA 17~13 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of all records pertaininq to Charles Evans (DOB: 3127140; SSN: 18'1- 34-0856), includin.q but not limited to: Hospitalization reco~Qs, patient histories~ charts, proqress notes, consultation reportsr evaluations: ra~n oh~r+~; x-rays~ other diagnostic studiest reports and test results, correspondence and memos frcm ] 990 to present at: Thomas, Thomas & Hafer, LLP, 305 N. Front Street, Harrisburq, PA 17101 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the cerUflcate of compliance, to the parbj making this request at the address listed above. You have the dght 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: John Flounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7125 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendant DATE: ,,. Seal~f the~our:[ BYTHECOURT: P ro~-ho n-ota ry/~;le rk, 'Civ~ Deputy 239295-7 CERTIFICATE OF SERVICE AND NOW, this 19th day of August, 2003, I, DEENA B. MORRISON, a Paralegal in the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Marcus A. McKnight, Esquire Irwin McKnight and Hughes 60 West Pomfret Street Carlisle, PA 17013-3222 Girard E. Rickards, Esquire Jacobs & Saba 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Deen~' B. Morrison, Paral~g~/' 239304-2 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 CHARLES G. EVANS, Plaintiff V ROGER L. MARKLEY and PAMELA S. MARKLEY, his wife, and MICHAEL PATTERSON and TAWNEY PATTERSON, his wife, Defendants John Flounlaeker, Esquire Attorney I.D. 73112 (717)237-7134 Attorneys for Defendants, Patterson : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-4:;37 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this l0th day of September, 2003, I, DEENA B. MORRISON, a Paralegal in the law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a tree and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 Girard E. Rickards, Esquire Jacobs & Saba 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Deena . Morrison, Paralegal 242975-2 03HB-00021 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 1701~ Telephone Number: 1717) 731-0988 Attorneys for Defendants Roger L. Markley and Pamela S. Maridey CHARLES G. EVANS A~D CHARLES G. EVANS, ADMINISTRATOR OF THE ESTATE OF LUNNA ]~VANS (PLAINTIFFS) VS. ROGER L. MAR PAMELA S. MARK[ AND MICHAEL PAd TAWNEY PATTERS~ (DEFENDA ROGER L. MAR 1. Admitted. 2. Denied. Def~ Meadow Drive, ShipI S. Markley is an adul Cumberland County, ~,LEY AND EY, HIS WIFE, TERSON AND )N, IHS WIFE, ~ITS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002-4537 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NSWER WITH NEW MATTER OF DEFENDANTS, LEY AND PAMELA S. MARKLEY, TO PLAINTIFF'S COMPLAINT ndant, Roger L. Markley is an adult individual who resides at 222 ensburg, Cumberland County, Pennsylvania 17257. Defendant, Pamela individual who resides at 446 Walnut Bottom Road, Shippensburg, ?ennsylvania 17257. 3. Paragraph 3 pertains to Defendants, Michael Patterson and Tawney Patterson, as to which no response is tequired from Answering Defendants. 4. Admitted. I 5. Denied pursuant to Pa. R.C.P. 1029(e). 6. Admitted that i )efendants Michael Patterson and Tawney Patterson owned a 1996 Nissan XE that Michael Patte: 'son was driving at the time of the accident. The remaining averments of paragraph 6 are denied pursuant to Pa. R.C.P. 1029(e). 7. Admitted that Pamela Sue Markley was the owner and operator of 1993 Jeep Cherokee involved in an accident. The remaining averments of paragraph 7 are denied pursuant to Pa.R.C.P. 1029 (e). 8-27. Denied pursuant to Pa. R.C.P. 1029(e) Wherefore, De: Honorable Court to di 28. The claims of the applicable statute bndants Roger L. Markley and Pamela S. Markley respectfully your miss the Plaintiff's Complaint with prejudice. NEW MATTER '.harles G. Evans Administrator of the estate of Linda Evans are barred by ['limitations. 30. The Plaintiff's reduced in accordance Act. 31. The Plaintiff's ~laims for non-economic damages may barred by the Limited Tort option of the Pennsylvania Meter Vehicle Financial Responsibility Act. :laims for medical expenses and or wage loss are barred, or must be ~ith § 1722 of the Pennsylvania Motor Vehicle Financial Responsibility To the extent that the Plaintiff has any recoverable medical expenses, those expenses must be reduced in acc+rdance with the Cost Containment Provisions of the Pennsylvania Motor Vehicle Financial RespOnsibility Act. Wherefore, Def ~ndants Roger L. Markley and Pamela S. Markley respectfully requests your Honorable Court > dismiss the Plaintiffs' Complaint with ]prejudice. Date: October 24, 2(~03 Respectfully submitted, LAW OFFICES OF JACOBS & ASSOCIATES ' Girard E. ~cckards, Esquire Identification No. 58867 Attorney for Defendants, Roger L. and Pamela S. Markley 03HB-00021 LAW OFFICES OF JACOBS & ASSOCIATES 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFEN~ANTS~ ROGER L. MARKLEY ANn PAMELA S. MARKLEY I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Charles G. Evans and Cl~arles G. Evans, Ease No.: 2002-.¢537 Civil Term Administrator of ~e Estate of Lunna Evans, Plaintiffl VS. Roger L. Markley and P~ mela S. Markley, his wife and Michael Patterson m d Tawney Patterson, his wife, Defenda ats VERIFICATION I, Pamela S. vlarkle¥, verify that the statements made in the foregoing Answer with New Matter of R ~ger L. Marldey and Pamela S. Markle¥, to Plaintiff's Complaint , which are within the 1: ersonal knowledge of the undersigned, are true and correct, and as to the facts based on the infc nnation of others, the undersigned, after diligent inquiry, believe them to be true. And furth~ r, this Verification is signed on the recommendation of my attorneys, who advise me that th, : allegations and language in this document are required legally to raise issues for resolution a trial, by the Court, or by continuing investigation and preparation for trial. I understand tha I some of these allegations may prove inappropriate after investigation and trial preparation a re complete and I leave the determination of these matters to my attorneys on their advl ce. I understand th at all statements herein ar, e~qaade subject to the penalties of 18 Pa.C.S.A. §4904, relating to uns worn falsifications to ant~or~ties. Dated: l~j - ~'ainela S. Markley "~'1 03HB-00021 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: 1717) 731-0988 Attorneys for Defendants Roger L. Markley and Pamela S. Marldey CHARLES G. EVANS ANO CHARLES G. EVANS, ADMINISTRATO~ OF THE ESTATE OF LUNNA ]~VANS (PLAINTIFFS) VS. ROGER L. MAR PAMELA S. MARKt AND MICHAEL PA3 TAWNEY PATTERS. (DEFENDA KLEY AND EY, HIS WIFE, 'TERSON AND )N, HIS WIFE, NTS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002-4537 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 1 Girard E. Ricl~ards, Esquire, hereby certifies that he is the attorney for the Defendants, Roger L. Markley an~l Pamela S. Markley herein, and that he caused a true and correct copy of Answer with New [vlatter of Defendants, Roger L. Markle¥ and Pamela S. Markley, to Plaintiff's Complaint[to be served by regular first class mail upon: Dated: October 24, Z003 Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 John Flounlacker, Esquire Thomas, Thomas & Hafer 305 North Front Street Harrisburg, PA 17101 ~G-'~rard E. Rickards, Esquire Attorney for Defendants, Roger L. Markley and Pamela S. Markley CHARLES G. EVANS and CHARLES G. EVANS, Administrator of the Estate of LUNNA EVANS ROGER L. MARKLEY and PAMELA S. MARKLEY, his wife, and MICHAEL PATTERSON and TAWNEY PATTERSON, his wife, DEFENDANTS : IN THE COURT (IF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4537 CIVIL TERM CIVIL ACTION - LAW PRAECIPE TO SETTLE AND DISCONTINUE To Curtis R. Long, Prothonotary: Please mark the above-captioned case settled and discontinued and issue a Settlement Certificate to Marcus A. McKnight, m, Esquire, at 60 West Pomfret Street, Carlisle, Pennsylvania 17013. By: Respectfully subnfitted, 60 Wes~ Pomfret ,Street Carlisle, Pennsylvania 17013 (717) 249-2353 Date: June 7, 2004 CHARLES G. EVANS and CHARLES G. EVANS, Administrator of the Estate of LUNNA EVANS ¥o ROGER L. MARKLEY and PAMELA S. MARKLEY, his wife, and MICHAEL PATTERSON and TAWNEY PATTERSON, his wife, DEFENDANTS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4537 CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe to Settle and Discontinue was served upon the following by depositing a tree and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: John Flounlacker, Esq. Thomas, Thomas & Hafer 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 Girard E. Rickards, Esquire Law Offices of Jacobs & Associates 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Date: June 7, 2004 By: IRWIN~IGHT ~ ~c~t ~squire 60 West Pomfre~Yeet Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476