The URL can be used to link to this page

Home My WebLink About07-0326IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. ©7 - .3a(o Civil Action - Law JURY TRIAL DEMANDED BARBARA MONIGHAN and CYNTHIA MARTINEZ GARY MONIGHAN 5855 Spring Tree Court 6363 Bashore Road Versus Enola, PA 17025 Mechanicsburg, PA 17055 TIFFANY YOUNG 5284 Strathmore Drive Mechanicsburg, PA 17050 PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to ( ) Attorney ( X ) Sheriff TIMOTHY A. SHOLLENBERGER, ESQUIRE 1.6 v i C Shollenberger & Januzzi, LLP Si6nature f Attorney " " 2225 Millennium Way Supreme Court I.D. No. 34343 Enola, Pennsylvania 17025 (717) 728-3200 Date: 1/12/07 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): CYNTHIA MARTINEZ and TIFFANY YOUNG YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Date: / is 20l??r //_Iu??_ Pro onotary by Deputy ( ) Check here if reverse is issued for additional information Lei 0 I c- -n -(, ou - 1 M L ! r? J 1? BARBARA MONIGHAN and, IN THE COURT OF COMMON PLEAS OF GARY MONIGHAN, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 07-326 V. CIVIL ACTION - LAW CYNTHIA MARTINEZ and TIFFANY YOUNG, Defendants JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel on behalf of the Defendant, Tiffany Young, with respect to the above-referenced matter. MARSHALL, DENNEHEY, WARNER, COLEMAN &_G0'G__k*.IN DATE: _./ ? " BY: 0/11"' FS(}PQALD L. CARMELITE, ESQUIRE No. 84730 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3504 Attorney for Defendant Tiffany Young CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ?+?h day of March, 2007, I served a true and correct copy of the Entry of Appearance, via U.S. first-class mail, postage pre-paid, as follows: Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Cynthia Martinez 5855 Spring Tree Court Enola, PA 17025 SUSAN M. WILLIAMS > On i' SHERIFF'S RETURN - REGULAR CASE NO: 2007-00326 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MONIGHAN BARBARA ET AL VS MARTINEZ CYNTHIA ET AL 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 VnTMTr' TTT.'PA7\TV the DEFENDANT , at 0929:00 HOURS, on the 6th day of February , 2007 at 5284 STRATHMORE DRIVE MECHANICSBURG, PA 17050 SCOTT YOUNG by handing to SPOUSE together with a true and attested copy of WRIT OF SUMMONS and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 9.68 Affidavit .00 Surcharge 10.00 .00 a/?y f67 25 . 68 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 02/07/2007 SHOLLENBERGER & JANUZZI By: -/? Deputy heriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-00326 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MONIGHAN BARBARA ET AL VS MARTINEZ CYNTHIA ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MADT'TNTV7 rVNTTWTA the DEFENDANT , at 2100:00 HOURS, on the 23rd day of January-, 2007 at 5855 SPRING TREE COURT ENOLA, PA 17025 by handing to CYNTHIA MARTINEZ 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 13.20 Postage .39 Surcharge 10.00 .00 41.59 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 02/07/2007 SHOLLENBERGER & JANUZZI By: C Deput Sheriff A. D. F:\FILES\DATAFILE\Donega130S0iCwrent\453\praI /tde Created: 9/20/04 0:06PM Revised: 3/30/07 9:36AM Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Cynthia Martinez BARBARA MONIGHAN and GARY MONIGHAN, Plaintiffs V. CYNTHIA MARTINEZ and TIFFANY YOUNG, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-326 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON LAW OFFICES on behalf of Defendant, Cynthia Martinez, in the above matter. MARTSON LAW OFFICES By v'-' Daniel K. Deardorff, Esqui Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Cynthia Martinez Dated: March 30, 2007 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Donald L. Carmelite, Esquire MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP Pyramid Business Park 2225 Millennium Way Enola, PA 17025 MARTSON LAW OFFICES IYA ricia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: March 30, 2007 N CS ?NN 1 ?7 t? ? T F: \FILES\DATAFILE\Donegal3050\Current\453\3050.453. prat/tde Created: 9/20/04 0:06PM Revised: 4/10/07 8:54AM Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Cynthia Martinez BARBARA MONIGHAN and GARY MONIGHAN, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-326 CIVIL ACTION - LAW CYNTHIA MARTINEZ and TIFFANY YOUNG, Defendants JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Issue a rule upon the Plaintiffs to file a Complaint within twenty (20) days from service thereof or suffer judgment of non pros. Dated: April 10, 2007 MARTSON LAW OFFICES Dij ? By_ Daniel K. Deardorff, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Cynthia Martinez RULE AND NOW, this /tlt?day of hp. , 2007, a Rule is issued upon the Plaintiff to file a Complaint within twenty (20) days from service hereof. LY,wtw o[ Prothonotary A CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP Pyramid Business Park 2225 Millennium Way Enola, PA 17025 (Attorneys for Plaintiff) Donald L. Carmelite, Esquire MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN 4200 Crams Mill Road, Suite B Harrisburg, PA 17112 (Attorneys for Defendant Tiffany Young) MARTSON LAW OFFICES By Ami J. Th 10 East High treet Carlisle, PA 17013 (717) 243-3341 Dated: April 10, 2007 ?? c'.- ?? -.?, ? -?,. o? ._,- Cl 1 .?.... ? -: ? t_ .r - i ' _ _ ( ? i ? ;; ? ?_}: 'F. ' j- 1 ,__, _ r { -? ?? ,-...; SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff BARABARA MONIGHAN and GARY MONIGHAN, Plaintiffs V. CYNTHIA MARTINEZ and TIFFANY YOUNG, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-326 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that, if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money 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(s). 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 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff BARABARA MONIGHAN and GARY MONIGHAN, Plaintiffs V. CYNTHIA MARTINEZ and TIFFANY YOUNG, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-326 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICIA LE HAN DEMANDADO A LISTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notoficacaion y por cualquier queja o alivio que es pedido en la peticion do demanda. usted puede perder dinero o sus propiededas o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA. 17013 (717) 249-3166 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff BARABARA MONIGHAN and GARY MONIGHAN, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CYNTHIA MARTINEZ and TIFFANY YOUNG, Defendants NO. 07-326 CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, GARY AND BARBARA MONIGHAN, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represent the following: COUNT I - FACTS APPLICABLE TO ALL COUNTS 1. Plaintiff, GARY MONIGHAN, is an adult individual who currently resides at 6363 Bashore Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Plaintiff, BARBARA MONIGHAN, is an adult individual who currently resides at 6363 Bashore Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiffs, GARY AND BARBARA MONIGHAN, are husband and wife, having been married on November 29, 1969. 4. Defendant, TIFFANY YOUNG, is an adult individual whose last known address is 4284 Strathmore Drive, Mechanicsburg, Cumberland County Pennsylvania. 5. Defendant, CYNTHIA MARTINEZ, is an adult individual whose last known address is 5855 Spring Tree Court, Cumberland County, Enola, Pennsylvania. 6. The facts and circumstances hereinafter set forth took place on March 30, 2005, at or about 1:00 p.m. at the intersection of the Carlisle Pike and Hampden Commons Lot in Hampden Township, Cumberland County, Pennsylvania. 7. At the aforesaid time and place, Defendant, CYNTHIA MARTINEZ, was the operator of a 1998 Chevrolet MZ3 8. At the aforesaid time and place, Defendant, TIFFANY YOUNG, was operating a motor vehicle. 9. At the aforesaid time and place, Plaintiff, BARBARA MONIGHAN, was the operator of a 1997 Audi Quattro. 10. At the aforesaid time and place, Defendant, CYNTHIA MARTINEZ, was operating her vehicle in the center turning lane of the Carlisle Pike, facing south, waiting to turn into the Circuit City parking lot which was to her left. 11. At the aforesaid time and place, Plaintiff, BARBARA MONIGHAN, was traveling north in the right hand northbound lane of the Carlisle Pike. 12. At the aforesaid time and place, traffic in the left hand eastbound lane across the street from the Circuit City lot was stopped. 13. At the aforesaid time and place, Defendant, TIFFANY YOUNG, waved Defendant, CYNTHIA MARTINEZ, into the intersection whereupon Defendant, CYNTHIA MARTINEZ, made a left hand turn into the path of the oncoming northbound vehicle being operated by the Plaintiff, BARBARA MONIGHAN, whereupon the vehicles being operated by Defendant, CYNTHIA MARTINEZ, and Plaintiff, BARBARA MONIGHAN, collided. 14. As a result of the aforesaid collision, Plaintiff, BARBARA MONIGHAN, has suffered serious and permanent injuries, including but not limited to the following: (a) Acute and chronic strain of the muscles, tendons, ligaments and other soft tissues at or about the cervical spine; (b) Acute and chronic strain of the muscles, tendons, ligaments and other soft tissues at or about the lumbar spine; (c) Contusions, including to the knees and right wrist; (d) Acute and chronic strain of the muscles, tendons, ligaments and other soft tissues at or about the thoracic spine; (e) Cervicalgia; (f) Cervical thoracic myofascial pain; (g) Displaced cervical disc without myleopathy; (h) Cervical facet arthropathy, primarily left sided; (i) Lumbar facet arthropathy at multiple levels in the lumbar spine; Q) Sacroiliac joint dysfunction; and (k) Right hip flexor injury. 15. As a direct and proximate result of the aforesaid injuries, Plaintiff, BARBARA MONIGHAN, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 16. As a further result of the aforesaid injuries, Plaintiff, BARBARA MONIGHAN, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 17. As a further result of the aforesaid injuries, Plaintiff, BARBARA MONIGHAN, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 18. As a further result of the aforesaid injuries, Plaintiff, BARBARA MONIGHAN, has sustained a permanent diminution in her ability to enjoy life and life's pleasures for which damages are claimed. 19. As a further result of this collision, Plaintiff, BARBARA MONIGHAN, has and/or may incur reasonable and necessary medical and rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, Workers' Compensation or any program, group contract, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. 20. As a further result of the aforesaid injuries, Plaintiff, BARBARA MONIGHAN, has incurred or may hereinafter incur financial expenses and losses which exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. 21. Plaintiff, BARBARA MONIGHAN, was the named insured on a policy of insurance issued to her by Nationwide Insurance Company bearing policy number 5837D578493, which was in effect on the date of the above referenced collision. Plaintiff selected the full tort option regarding that policy. A copy of the declaration page of said policy is attached hereto and incorporated by reference herein as Exhibit "A". Therefore, Plaintiff, BARBARA MONIGHAN, remains eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. 22. Plaintiff, BARBARA MONIGHAN, sustained a serious injury in this collision which has caused her a serious impairment of body function. Therefore, Plaintiff, BARBARA MONIGHAN, remains eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. COUNT II - BARBARA MONIGHAN vs. CYNTHIA MARTINEZ 23. Paragraphs 1 through 22 of Plaintiffs Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 24. The aforesaid collision was the direct and proximate result of the negligence of the Defendant, CYNTHIA MARTINEZ, in operating the 1998 Chevrolet MZ3 in a careless, reckless, and negligent manner as follows: a. In failing to observe Plaintiffs vehicle on the highway; b. In failing to keep a reasonable look-out for other vehicles lawfully on the road; C. In failing to yield the right-of-way to traffic already upon the Highway; d. In turning in such a manner as to endanger other vehicles on the highway; e. In failing to keep a proper look-out for approaching vehicles; f. In making a left turn when the vehicle being operated by Plaintiff was too close to Defendant's intended path of travel; g. Turning her vehicle left within an intersection without yielding the right of way to a vehicle approaching in the opposite direction which was so close as to constitute a hazard in violation of Section 3322 of The PA Motor Vehicle Code. h. Moving her vehicle from one traffic lane to another before such movement could be made with reasonable safety in violation of Section 3334 (a) of The PA Motor Vehicle Code. WHEREFORE, Plaintiff, BARBARA MONIGHAN, demands judgment against Defendant, CYNTHIA MARTINEZ, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT III - BARBARA MONIGHAN vs. TIFFANY YOUNG 25. Paragraphs 1 through 24 of Plaintiffs Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 26. The aforesaid collision was the direct and proximate result of the negligence of the Defendant, Tiffany Young, in the following particulars: a. Signaling to Cynthia Martinez that it was safe to initiate her left hand turn by waving her on when Plaintiff Barbara Monighan's vehicle was coming in the opposite direction and was so close to the intersection as to constitute a hazard; b. Failing to observe the Plaintiff, Barbara Monighan's vehicle approaching in the northbound lane of the Carlisle Pike before signaling to Cynthia Martinez to initiate her left hand turn; and c. Failing to properly judge the distance that Plaintiff Barbara Monighan's vehicle was from the intersection before signaling to Cynthia Martinez to initiate her left hand turn. WHEREFORE, Plaintiff, BARBARA MONIGHAN, demands judgment against Defendant, TIFFANY YOUNG, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT IV - GARY MONIGHAN vs. CYNTHIA MARTINEZ 27. Paragraphs 1 through 26 of Plaintiffs Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 28. As a further result of injuries sustained by his wife, Plaintiff, GARY MONIGHAN, has been and will be deprived of the assistance, companionship, consortium and society of his wife, all of which has been and will be to his great detriment and loss. 29. As a further result of the injuries sustained by his wife, Plaintiff, GARY MONIGHAN, has suffered a loss of earnings for which damages are claimed. WHEREFORE, Plaintiff, GARY MONIGHAN, demands judgment against Defendant, CYNTHIA MARTINEZ, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT V - GARY MONIGHAN vs. TIFFANY YOUNG 30. Paragraphs 1 through 29 of Plaintiff's Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 31. As a further result of injuries sustained by his wife, Plaintiff, GARY MONIGHAN, has been and will be deprived of the assistance, companionship, consortium and society of his wife, all of which has been and will be to her great detriment and loss. 32. As a further result of the injuries sustained by his wife, Plaintiff, GARY MONIGHAN, has suffered a loss of earnings for which damages are claimed. WHEREFORE, Plaintiff, GARY MONIGHAN, demands judgment against Defendant, TIFFANY YOUNG, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP 41, By: Ti othy A. ftbe squire Attorney I. # 34343 oate ApQi L 26,aoo7 y y AUTO POLICY ECLARATIONS A. y Page 1 of 3 no am a part of the policy named above and Identified by policy number below. They idled earlier. Your policy provides the coverages and limits shown in the They ?dY to each Insured vehicle as Indicated. Your policy complies with the motorists' financial + ' ponsibAky^ laws of your state only for vehicles for which Property Damage and Bodily Injury Liability coverages are provided. Policyholder: Policy Number: (Named Insured) 58 37 D 578493 GARY E & BARBARA E MONIGHAN Issued: 6363 BASESHORE ROAD JAN 13, 2005 MECHANICSBURG, PA 17050-2802 Policy Period From: JAN 11, 2005 to JUN 10, 2005 but only If the required premium for this period has been paid and only for Sk month renewal periods I renewal premiums have been paid as required. This policy is Initially effective at (1) -, f- ttte time the application for insurance Is completed, or (2) 12:01 a.m. on the first day of the policy period, whichever laW. Each renewal period begins and ends at 12:01 a.m. standard time at the address of the named Insured stated herein. This policy cancels at 12:01 a.m. at the address of the named Insured stated herein. 0 8 IMPORTANT MESSAGES: THE FOLLOWING CHANGE(S) HAVE BEEN MADE TO YOUR POLICY: EFFECTIVE JAN 11, 2005 CHANGED VEHICLE TO 1997 AUDI AS QUATT -CHANGED DISCOUNT(S) SEE ENCLOSED NOTICE FOR PREMIUM DETAIL INSURED VEHICLE(S) & SCHEDULE OF COVERAGES 1. 1997 AUDI AS MATT Coverages COLLOOMPRIS IEN I VE PROPERTY DAMAGE LIABILITY BODILY INJURY LIABILITY UNINSURED MOTORISTS-BODILY INJURY UNDERINSURED MOTORISTS-BODILY INJURY LOSS OF USE BROAD FORM FIRST PARTY BENEFITS OPTION 1-MEDICAL BENEFIT OPTION 2-INCOME LOSS BENEFIT OPTION 3-ACCIDENTAL DEATH BENEFIT F?ITN 4-FUNERAL BENEFIT ID #WAUBG84D4VN014023 Six Month Limits Of Liability Premium ACTUAL CASH VALUE 91.70 ACTUAL CASH VALUE LESS $ 500 160.10 50,000 EACH OCCURRENCE 46.40 50,000 EACH PERSON 100 000 EACH OCCURRENCE $ 45.80 (STAG 4 EACH PERSON 50,00 100 ooo EACH OCCURRENCE $ 10.70 (1 so., 8p0?0 EACH PERSON J CH OCCURRENCE $ 41 80 100,000 EA . ENDORSEMENT 3022 $ 18.70 30 PER DAY 900 PER ACCIDENT 100,000 $ 34.10 25,000 TOTAL 1,500 MONTHLY 9.20 10,000 120 1,500 . TOTAL $ 460.40 V-100-A C.J t ? a ..._t ? ? -? rr, ?!~ -! ?? ??'(?1 (~. -? ?_? -• y t SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff BARABARA MONIGHAN and GARY MONIGHAN, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CYNTHIA MARTINEZ and TIFFANY YOUNG, Defendants NO. 07-326 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 2o day of Dol , 2007, 1 hereby certify that I have served a true and correct copy of the Complaint, Request for Production of Documents Directed to Defendant, Cynthia Martinez, and Interrogatories Propounded by Plaintiffs to be Answered by Defendant Cynthia Martinez by United States mail, postage prepaid, addressed to: Cynthia Martinez c/o Daniel K. Deardorff, Esquire Ten East High Street Carlisle, PA 17013 By: Zj1VUVj rv Ti othy A. hbIIenb er, Esquire PA I.D. #3 343 e-.,? ? Cy ? ? ?_1 s'r ?.. ,1Ti .. ^t'S i -?--r. ' ?t ? i SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff BARABARA MONIGHAN and GARY MONIGHAN, Plaintiffs V. CYNTHIA MARTINEZ and TIFFANY YOUNG, Defendants CERTIFICATE OF SERVICE AND NOW, this ??O- - day of , 2007, 1 hereby certify that ALI? have served a true and correct copy of the Complaint, Request for Production of Documents Directed to Defendant, Tiffany Young, and Interrogatories Propounded by Plaintiffs to be Answered by Defendant Tiffany Young by United States mail, postage prepaid, addressed to: Tiffany Young c/o Donald L. Carmelite, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 By: Tim thy A. o len a ger, Esquire PA I.D. #34343 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-326 CIVIL ACTION - LAW JURY TRIAL DEMANDED C":S rv Fri - .tom . '.7 t? r . . ?. F:\FILES\DATAFILE\Donegal3050\Current\453\3050.453.ansI/sit Created: 9120104 0:06PM Revised: 5/9/07 3:36PM Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Cynthia Martinez BARBARA MONIGHAN and GARY MONIGHAN, Plaintiffs V. CYNTHIA MARTINEZ and TIFFANY YOUNG, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-326 CIVIL ACTION - LAW : JURY TRIAL DEMANDED DEFENDANT CYNTHIA MARTINEZ'S ANSWER WITH NEW MATTER AND CROSSCLAIM TO PLAINTIFFS' COMPLAINT TO: BARBARA MONIGHAN and GARY MONIGHAN, Plaintiffs, and their attorney, TIMOTHY A. SHOLLENBERGER, ESQUIRE and TIFFANY YOUNG, Defendant, and her attorney, DONALD L. CARMELITE, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW comes Defendant, Cynthia Martinez, by and through her attorneys, MARTSON LAW OFFICES, and hereby responds to Plaintiff's Complaint as follows: 1-5. Admitted. 6-32. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant Martinez demands Judgment against Plaintiff and Defendant Young. •' NEW MATTER 33. It is believed that Plaintiff was comparatively negligent or assumed the risk of injury by operating he vehicle in a careless and negligent manner. 34. Defendant Martinez had been waved into the intersection by Defendant Young and relied on her assurance that she could proceed in safety. 35. Defendant Martinez reserves the right to add additional New Matter based on information received from upcoming discovery in this case. 36. Plaintiffs' cause of action may be barred by the statute of limitations. 37. Plaintiffs' recovery, if any, may be diminished pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law. WHEREFORE, Defendant Martinez demands judgment in her favor against Plaintiff and Defendant Young. NEW MATTER IN THE NATURE OF A CROSSCLAIM Plaintiff v. Defendant Martinez v. Defendant Youn 38. Defendant Martinez joins Defendant Young as an Additional Defendant based on the averments made against Defendant Young in the Complaint of Plaintiff at paragraphs 25 through 29, which are incorporated herein by reference for the purposes of this crossclaim and not by way of admission. 39. If Plaintiff is entitled to a recovery, Defendant Young is solely liable to Plaintiff and/or liable over to Defendant Martinez in the event she is determined to be liable to Plaintiff. 40. This crossclaim is for the purpose of joining Defendant Young for contribution and indemnification in favor of Defendant Martinez. WHEREFORE, Defendant Martinez demands judgment against Plaintiff and Defendant Young for sole liability, contribution and/or indemnification. Respectfully Submitted, MARTSON LAW OFFICES B 01J V?- .,,j/ Y D el . Deardorff, Esquire Ten East High Street Carlisle, PA 17013 n Dated ? 0) (717) 243-3341 Attorneys for Defendant Cynthia Martinez VERIFICATION The foregoing Answer with New Matter and Crossclaim is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. S Y le '7 Cynt a Martinez Date: F:\FILES\DATAFILE\Donege13050\Curtent\453\3050.453,am I r CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Answer with New Matter and Crossclaim was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP Pyramid Business Park 2225 Millennium Way Enola, PA 17025 (Attorneys for Plaintifj) Donald L. Carmelite, Esquire MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (Attorneys for Defendant Tiffany Young) MARTSON LAW By Ami J. Th 10 East High tree Carlisle, PA 17013 (717) 243-3341 Dated:'-"',k 1, 9601 U -TI ` S> SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff BARABARA MONIGHAN and GARY MONIGHAN, Plaintiffs V. CYNTHIA MARTINEZ and TIFFANY YOUNG, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-326 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO-NEW`MATTER OF DEFENDANT CYNTHIA MARTINEZ AND CROSSCLAIM AND NOW COMES THE PLAINTIFFS, BARBARA MONIGHAN AND GARY MONIGHAN, by and through their attorney, SHOLLENBERGER AND JANUZZI, LLP, files this Reply to New Matter of DEFENDANTS, CYNTHIA MARTINEZ AND TIFFANY YOUNG, and, in support thereof, respectfully represents the following: 33. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 34. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 35. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 36. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 37. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, the Plaintiffs respectfully requests that the Defendant's New Matter be dismissed and judgment entered in favor of the Plaintiffs as a matter of law. PLAINTIFFS' REPLY TO NEW MATTER IN THE NATURE OF A CROSSCLAIM Plaintiff v. Defendant Martinez v. Defendant Young 38. This averment is directed to a party other than the Plaintiffs and, therefore, requires no answers by them. 39. This averment is directed to a party other than the Plaintiffs and, therefore, requires no answers by them. 40. This averment is directed to a party other than the Plaintiffs and, therefore, requires no answers by them. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Attorneys for Plaintiffs B Ti OLD. e r, sq Att #34343 Dated: ? ' 6 Ay 22.. r2007 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff BARABARA MONIGHAN and GARY MONIGHAN, Plaintiffs NO. 07-326 V. CYNTHIA MARTINEZ and TIFFANY YOUNG, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this 22nd day of May 2007, 1 hereby certify that a true and correct copy of the foregoing Reply to New Matter has been served upon the following, Attorney for Defendants, via U.S. Mail: Daniel K. Deardorff, Esquire MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (Attorneys for Defendant Cynthia Martinez) Donald L. Carmelite, Esquire MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (Attorneys for Defendant Tiffany Young) SHOLLENBERGER & JANUZZI, LLP By: othy A. Shollenberger, s f`.) _ - rN1 ORIGINAL BARBARA MONIGHAN and, IN THE COURT OF COMMON PLEAS OF GARY MONIGHAN, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 07-326 V. CIVIL ACTION - LAW CYNTHIA MARTINEZ and TIFFANY YOUNG, Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Barbara and Gary Monighan, Plaintiffs c/o Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 AND Cynthia Martinez, Defendant c/o Daniel K. Deardorff, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. DATE: 1 ??( BY: , WARNER, D4XALD L. CARMELITE, ESQUIRE I.D. No. 84730 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3504 Attorney for Defendant, Tiffany Young JAMI@120 BARBARA MONIGHAN and, GARY MONIGHAN, Plaintiffs V. CYNTHIA MARTINEZ and TIFFANY YOUNG, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-326 : CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT, TIFFANY YOUNG, TO PLAINTIFFS' COMPLAINT AND NOW comes Defendant, Tiffany Young, by and through her counsel, Marshall, Dennehey, Warner, Coleman & Goggin, and files this Answer to Plaintiffs' Complaint and in support thereof states as follows: COUNT I - FACTS APPLICABLE TO ALL COUNTS 1. Admitted in part; denied in part. It is admitted that Plaintiff is who he says he is. All remaining allegations are denied and strict proof thereof is demanded at the time of trial. 2. Admitted in part; denied in part. It is admitted that Plaintiff is who she says she is. All remaining allegations are denied and strict proof thereof is demanded at the time of trial. 3. Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth and veracity of the averments set forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P. 1029(c) and strict proof thereof is demanded at the time of trial. 4. Admitted in part; denied in part. It is admitted that Tiffany Young is a Defendant. The remaining averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth and veracity of the averments set forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P. 1029(c) and strict proof thereof is demanded at the time of trial. 6. Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth and veracity of the averments set forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P. 1029(c) and strict proof thereof is demanded at the time of trial. 7. Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth and veracity of the averments set forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P. 1029(c) and strict proof thereof is demanded at the time of trial. 8. Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth and veracity of the averments set forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P. 1029(c) and strict proof thereof is demanded at the time of trial. 9. Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth and veracity of the averments set 2 forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P. 1029(c) and strict proof thereof is demanded at the time of trial. 10. Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth and veracity of the averments set forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P. 1029(c) and strict proof thereof is demanded at the time of trial. It. Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth and veracity of the averments set forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P. 1029(c) and strict proof thereof is demanded at the time of trial. 12. Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth and veracity of the averments set forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P. 1029(c) and strict proof thereof is demanded at the time of trial. 13. Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth and veracity of the averments set forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P. 1029(c) and strict proof thereof is demanded at the time of trial. 14.(a) - (k). Denied. The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). 15. Denied. The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). 16. Denied. The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). 17. Denied. The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). 18. Denied. The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). 19. Denied. The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). 20. Denied. The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). 21. Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth and veracity of the averments set forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P. 1029(c) and strict proof thereof is demanded at the time of trial. By way of further response, the 4 averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). 22. The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). COUNT II - BARBARA MONIGHAN vs. CYNTHIA MARTINEZ 23. Defendant incorporates by reference her responses to Paragraphs 1-22 of Plaintiffs' Complaint as though set forth at length herein. 24.a. - h. The averments set forth in this Paragraph are directed to a Defendant other than Answering Defendant, and therefore, no responsive pleading is required. WHEREFORE, Defendant, Tiffany Young, respectfully requests judgment in her favor and against the Plaintiffs, together with such other costs this Honorable Court deems appropriate. COUNT III - BARBARA MONIGHAN vs. TIFFANY YOUNG 25. Defendant incorporates by reference her responses to Paragraphs 1-24 of Plaintiffs' Complaint as though set forth at length herein. 26.a. - c. Denied. The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). 5 WHEREFORE, Defendant, Tiffany Young, respectfully requests judgment in her favor and against the Plaintiffs, together with such other costs this Honorable Court deems appropriate. COUNT IV - GARY MONIGHAN vs. CYNTHIA MARTINEZ 27. Defendant incorporates by reference her responses to Paragraphs 1-26 of Plaintiffs' Complaint as though set forth at length herein. 28. The averments set forth in this Paragraph are directed to a Defendant other than Answering Defendant, and therefore, no responsive pleading is required. 29. The averments set forth in this Paragraph are directed to a Defendant other than Answering Defendant, and therefore, no responsive pleading is required. WHEREFORE, Defendant, Tiffany Young, respectfully requests judgment in her favor and against the Plaintiffs, together with such other costs this Honorable Court deems appropriate. COUNT V - GARY MONIGHAN vs. TIFFANY YOUNG 30. Defendant incorporates by reference her responses to Paragraphs 1-29 of Plaintiffs' Complaint as though set forth at length herein. 31. Denied. The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). 32. Denied. The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). 6 WHEREFORE, Defendant, Tiffany Young, respectfully requests judgment in her favor and against the Plaintiffs, together with such other costs this Honorable Court deems appropriate. NEW MATTER DIRECTED TO PLAINTIFFS 33. Plaintiffs' claims are barred by the applicable statute of limitations. 34. Plaintiffs have failed to state a cause of action against Defendant upon which relief can be granted. 35. Plaintiffs' claims are barred and/or limited by all applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 36. No act or omission on the part of Defendant was a substantial or contributing factor in bringing about Plaintiffs' alleged damages, all such damages being expressly denied. 37. Any and all damages as described by Plaintiffs in their Complaint, the same being expressly denied, were caused in whole or in part by the acts or omissions on the part of Plaintiffs and/or others over whom Defendant had no control nor right of control. 38. Plaintiffs' claims are barred and/or limited by the doctrine of res judicata and/or collateral estoppel. 39. Plaintiffs' claims are derivative in nature and are barred as a matter of law. 40. Defendant breached no duty of care owed to Plaintiffs under the circumstances. 41. Plaintiffs' claims are barred and/or limited by the Pennsylvania Comparative Negligence Act. 7 42. Plaintiffs' claims are barred and/or limited by the applicable provisions of the Pennsylvania Worker's Compensation Act. 43. At all times material hereto, Defendant acted in a safe, legal and non-negligent manner. 44. Plaintiffs' claims may be barred by the defenses listed in Pa.R.C.P. 1030 as discovery may prove out. WHEREFORE, Defendant, Tiffany Young, respectfully requests judgment in her favor and against the Plaintiffs, together with such other costs this Honorable Court deems appropriate. NEW MATTER CROSSCLAIM PURSUANT TO Pa.R.C.P. 2252(d) AGAINST DEFENDANT, CYNTHIA MARTINEZ 45. The allegations in Plaintiffs' Complaint against Defendant, Cynthia Martinez, are incorporated herein by reference without admission. 46. If Plaintiffs sustained the damages as alleged in Plaintiffs' Complaint, said damages being herein strictly denied, then said damages were caused by acts, statements, omissions or negligence of Co-Defendant, Cynthia Martinez, as set forth in Plaintiffs' Complaint, to which reference is made hereto without adoption or omission. 47. Co-Defendant, Cynthia Martinez, is solely liable to the Plaintiffs, or, in the alternative, should Answering Defendant be found liable to Plaintiffs, liability being herein strictly denied, then Co-Defendant, Cynthia Martinez, is jointly and severally liable with Answering Defendant and is liable over to Answering Defendant by way of contribution and/or indemnification. 8 WHEREFORE, Defendant, Tiffany Young, respectfully requests judgment in her favor and against the Plaintiffs, together with such other costs this Honorable Court deems appropriate. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: 5-, BY: t?ALD L. CARMELITE, ESQUIRE I.D. No. 84730 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3504 Attorney for Defendant, Tiffany Young 9 VERIFICATION The undersigned hereby verifies that the statements in the foregoing Answer with New Matter to Plaintiffs' Complaint are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of the defense of this lawsuit. The language of the Answer with New Matter to Plaintiffs' Complaint is that of counsel and not my own. I have read the Answer with New Matter to Plaintiffs' Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Answer with New Matter to Plaintiffs' Complaint are that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. BY: W? TIFFANY YOUNG DATE: CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this J? 1 day of May, 2007, I served a true and correct copy of the Answer with New Matter of Defendant, Tiffany Young, to Plaintiffs' Complaint, via U.S. first-class mail, postage pre-paid, as follows: Timothy A. Shollenberger, Esquire SHOLLENBERGER & 7ANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Attorney for Plaintiffs Daniel K. Deardorff, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 Attorney for Defendant Cynthia Martinez L?UA * `x SUSAN M. WILLIAMS C7 -tj 3 ;-• '? f'3 C a =s rsa 10 ORIGINAL BARBARA MONIGHAN and, IN THE COURT OF COMMON PLEAS OF GARY MONIGHAN, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 07-326 V. CIVIL ACTION - LAW CYNTHIA MARTINEZ and TIFFANY YOUNG, Defendants : JURY TRIAL DEMANDED ANSWER OF DEFENDANT, TIFFANY YOUNG, TO CROSSCLAIM OF DEFENDANT, CYNTHIA MARTINEZ AND NOW comes Defendant, Tiffany Young, by and through her counsel, Marshall, Dennehey, Warner, Coleman & Goggin, and files this Answer to Crossclaim of Defendant, Cynthia Martinez, and in support thereof states as follows: 38. Denied. The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). 39. Denied. The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). 40. Denied. The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). ?A 0 ,?, ? '@- ? j 3N?? i WHEREFORE, Defendant, Tiffany Young, respectfully requests judgment in her favor and against all parties to this action together with such other relief as this Court deems just and appropriate. DATE: MARSHALL, DENNEHEY, WARNER, COLEMAN OGGIN BY: DONALD L. CARMELITE, ESQUIRE I.D. No. 84730 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3504 Attorney for Defendant Tiffany Young 2 VERIFICATION The undersigned hereby verifies that the statements in the foregoing Answer to Defendant Martinez's Crossclaim are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of the defense of this lawsuit. The language of the Answer to Defendant Martinez's Crossclaim is that of counsel and not my own. I have read the Answer to Defendant Martinez's Crossclaim, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Answer to Defendant Martinez's Crossclaim are that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. BY: 7?? -?(" TIFFANY YOUN DATE: CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this day of May, 2007, I served a true and correct copy of the Answer of Defendant, Tiffany Young, to Crossclaim of Defendant, Cynthia Martinez, via U.S. first-class mail, postage pre-paid, as follows: Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Attorney for Plaintiffs Daniel K. Deardorff, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 Attorney for Defendant Cynthia Martinez f,Mbl, k. L.4n? SUSAN M. WILLMMS :i ' t _,. ? e ORIGINAL BARBARA MONIGHAN and, GARY MONIGHAN, Plaintiffs V. CYNTHIA MARTINEZ and TIFFANY YOUNG, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-326 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF SERVING DISCOVERY TO THE PROTHONOTARY: Please take notice that Defendant, Tiffany Young, served Interrogatories and Request for Production of Documents addressed to Plaintiffs, Barbara Monighan and Gary Monighan, pursuant to the Pennsylvania Rules of Civil Procedure, by mail, postage prepaid, on the day of , 2007. MARSHALL, DENNEHEY, WARNER, COLEMAN & G0664N i DATE: 3 / BY: DIONAED L. CARMELITE, ESQUIRE I.D. No. 84730 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3504 Attorney for Defendant, Tiffany Young CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this day of .Cr , 2007,1 served a true and correct copy of the Notice of Serving Discovery, via U.S. first-class mail, postage pre-paid, as follows: Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Attorney for Plaintiffs Daniel K. Deardorff, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 Attorney for Defendant Cynthia Martinez fl SUSAN M. WILLIAMS n r; !. r ril -. FTi v c-n -.- Z'7s '? "Tl e- A ORIGINAL BARBARA MONIGHAN and, GARY MONIGHAN, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-326 V. CYNTHIA MARTINEZ and TIFFANY YOUNG, CIVIL ACTION - LAW Defendants : JURY TRIAL DEMANDED NOTICE OF SERVING DISCOVERY TO THE PROTHONOTARY: Please take notice that Defendant, Tiffany Young, served Interrogatories and Request for Production of Documents addressed to Co-Defendant, Cynthia Martinez, pursuant to the Pennsylvania Rules of Civil Procedure, by mail, postage prepaid, on the ['S+ day of 2007. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: l BY: LD ELITE, ESQUIRE I.D. No. 84730 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3504 Attorney for Defendant, Tiffany Young CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this day of , 2007, I served a true and correct copy of the Notice of Serving Discovery, via U.S. first-class mail, postage pre-paid, as follows: Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Attorney for Plaintiffs Daniel K. Deardorff, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 Attorney for Defendant Cynthia Martinez la?w , k. '"\? SUSAN M. WILLIAMS C o Mr- -V M - T cry ? r t-. m ?' C.e7 .. F:\F[LES\Donegal3050\Current\453\3050.453.rep 1 /ajt Created 9/20/04 0:06PM Revised: 6/5107 11:21 AM Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Cynthia Martinez BARBARA MONIGHAN and GARY MONIGHAN, Plaintiffs V. CYNTHIA MARTINEZ and TIFFANY YOUNG, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-326 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT CYNTHIA MARTINEZ'S REPLY TO NEW MATTER OF DEFENDANT TIFFANY YOUNG 33-47. Denied. These averments are conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in these paragraphs are denied in accordance with Pa.R.C.P. 1029(e). WHEREFORE, Defendant Martinez respectfully requests judgment in her favor and against the Plaintiffs and Defendant Young. Respectfully Submitted, MARTSON LAW OFFICES By Daniel K. Deardorff, Esquire?/&/ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: June 5, 2006 Attorneys for Defendant Cynthia Martinez CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Defendant Cynthia Martinez's Reply to New Matter of Defendant Tiffany Young was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP Pyramid Business Park 2225 Millennium Way Enola, PA 17025 (Attorneys for Plaintif ) Donald L. Carmelite, Esquire MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (Attorneys for Defendant Tiffany Young) MARTSON LAW OFFICES By Ami J. Th 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: June 5, 2007 cS m t '; rn Vic, SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiffs BARABARA MONIGHAN and GARY MONIGHAN, Plaintiffs V. CYNTHIA MARTINEZ and TIFFANY YOUNG, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-326 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT TIFFANY YOUNG AND CROSSCLAIM AND NOW COMES THE PLAINTIFFS, BARBARA MONIGHAN AND GARY MONIGHAN, by and through their attorney, SHOLLENBERGER AND JANUZZI, LLP, files this Reply to New Matter of DEFENDANTS, CYNTHIA MARTINEZ AND TIFFANY YOUNG, and, in support thereof, respectfully represents the following: 33. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 34. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 35. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 36. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 37. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 38. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 39. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 40. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 41. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 42. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 43. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 44. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, the Plaintiffs respectfully requests that the Defendant's New Matter be dismissed and judgment entered in favor of the Plaintiffs as a matter of law. PLAINTIFFS' REPLY TO NEW MATTER IN THE NATURE OF A CROSSCLAIM 45. This averment is directed to a party other than the Plaintiffs and, therefore, requires no answers by them. 46. This averment is directed to a party other than the Plaintiffs and, therefore, requires no answers by them. 47. This averment is directed to a party other than the Plaintiffs and, therefore, requires no answers by them. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Ai B) Ti Al Dated: Vft 9b1 ?007 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiffs BARABARA MONIGHAN and GARY MONIGHAN, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-326 V. CYNTHIA MARTINEZ and TIFFANY YOUNG, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this 20th day of June 2007, 1 hereby certify that a true and correct copy of the foregoing Reply to New Matter has been served upon the following, via U.S. Mail: Daniel K. Deardorff, Esquire MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (Attorneys for Defendant Cynthia Martinez) Donald L. Carmelite, Esquire MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (Attorneys for Defendant Tiffany Young) SHOLLFVBERGER & JANUZZI, LLP By: C-? nr? Q N c.J cn fJi ?J 1 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff BARBARA MONIGHAN and GARY MONIGHAN, wife and husband, Plaintiffs V. CYNTHIA MARTINEZ and TIFFANY YOUNG, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-326 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF SERVING DISCOVERY Please take notice that Plaintiffs, Barbara Monighan and Gary Monighan served Plaintiff Gary Monighan's Answers to Defendant Tiffany Young's Consortium Interrogatories pursuant to the Pennsylvania Rules of Civil Procedure, by Federal Express, on the 13th day of July, 2007. SHOLLENBERGER Date: July 13, 2007 11771 _ I LP iMhWSlfolfnberger, Esq. Attorney I.D. #34343 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff BARBARA MONIGHAN and GARY MONIGHAN, wife and husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CYNTHIA MARTINEZ and TIFFANY YOUNG, Defendants NO. 07-326 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this 13th day of July, 2007, 1 hereby certify that a copy of the foregoing Notice of Serving Discovery has been served upon the following, via Federal Express: Donald L. Carmelite, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Counsel for Defendant, Tiffany Young Daniel K. Deardorff, Esquire Ten East High Street Carlisle, PA 17013 Counsel for Defendant, Cynthia Martinez SHOLLENBERGER & JANUZZI, LLP By: ey I D#34343 C3 C=7) O 3 ?,r` .4w . SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: ,(717) 728-3400 Attornevs for Plaintiff BARBARA MI;ONIGHAN and GARY MONIGHAN,Vife and husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CYNTHIA MARTINEZ and TIFFANY YOUNG, Defendants NO. 07-326 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF SERVING DISCOVERY PleasOake notice that Plaintiffs, Barbara Monighan and Gary Monighan served Answers to Interrogatories and Answers to Production of Documents addressed to Defendant Cynthia Martinez pursuant to the Pennsylvania Rules of Civil Procedure, by mail, postage prepaid, on the day of July, 2007. SHOLLENBERGER & JANUZZI, LLP Date: July , 2007 By: rney I.D SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: I (717) 728-3400 Attorneys for Plaintiff BARBARA MONIGHAN and GARY MONIGHAN wife and husband, Plaintiffs V. CYNTHIA MARTINEZ and TIFFANY YOUNG, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-326 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this 13'?(4 day of July, 2007, 1 hereby certify that a copy of the foregoing Notice of Serving Discovery has been served upon the following, via first-class mail: Donald L. Carmelite, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Counsel for Defendant, Tiffany Young Daniel K. Deardorff, Esquire Ten East High Street Carlisle, PA 17013 Counsel for Defendant, Cynthia Martinez SHOLLENBERGER & JANUZZI, LLP By: C? r---:o qn:?, ` 0 n E3 cr; -? -rr 06197009 ORIGINAL COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BARBARA MONIGHAN AND GARY MONIGHAN PLAINTIFF/S VS. CYNTHIA MARTINEZ AND TIFFANY YOUNG COURT OF COMMON PLEAS NO. 07-326 DEFENDANT/S CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 AS A PREREQUISITE TO SERVICE OF A SUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDANT 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 THAT WILL BE SERVED IS IDENTICAL TO THE SUBPOENA WHICH IS ATTACHED TO THE NOTICE OF INTENT TO SERVE THE SUBPOENA. DATE: 7/18/07 ATTORNEY FOR DEFENDANT 21237-00443 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BARBARA MONIGHAN AND GARY MONIGHAN PLAINTIFF/S COURT OF COMMON PLEAS VS. CYNTHIA MARTINEZ AND TIFFANY YOUNG NO. 07-326 DEFENDANT/S NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: TIMOTHY A. SHOLLENBERGER, ESQ. SHOLLENBERGER & JANUZZI 2225 MILLENNIUM WAY ENOLA PA 17025 ATTORNEY(S) FOR PLAINTIFF DANIEL K. DEARDORFF, ESQ. MARTSON LAW OFFICES TEN E. HIGH ST. CARLISLE PA 17013 ATTORNEY(S) FOR CO-DEFENDANT 06197009 12/25/07 DEFENDANT INTENDS TO SERVE A SUBPOENA IDENTICAL TO THE ONE THAT IS ATTACHED TO THIS NOTICE TO THE DEPONENT/S LISTED BELOW, REQUESTING RECORDS BE PRODUCED AT RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., PHILADELPHIA, PA 19103. YOU HAVE TWENTY (20) DAYS FROM THE DATE LISTED BELOW IN WHICH TO FILE OF RECORD AND SERVE UPON THE UNDERSIGNED AND RECORD COPY SERVICES (215-241-5858), AN OBJECTION TO THE SUBPOENA. IF NO OBJECTION IS MADE THE SUBPOENA/S MAY BE SERVED. MILTON S. HERSHEY MEDICAL CENTER HEALTHSOUTH REHABILITATION HOSPITAL SPECIAL PROCEDURES CLINIC HEALTHSOUTH REHABILITATION CENTER PENN STATE UNIVERSITY PHYSICIAN GROUP QUANTUM IMAGING & THERAPEUTIC ASSOC. PHYSICIANS OF REHABILITATION INDUSTRIAL & SPINE MEDICINE P.C. DRAYER PHYSICAL THERAPY INSTITUTE MAGNETIC IMAGING CENTER HETRICK CENTER P.C. MATTHEW S. GAMBER, D.C. GAMBER FAMILY CHIROPRACTIC HOLY SPIRIT HOSPITAL U.S. AIRWAYS HARRISBURG INTERNATIONAL AIRPORT DATE: 6/20/07 DONALD L. CARMELITE, ESQ. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 CRUMS MILL RD. HARRISBURG PA 17112 ATTORNEY(S) FOR DEFENDANT COMMONWEALTH OF PENNSYLVANIA COUNTY OF QUKBERLAND BARBARA MONIGHAN AND GARY MONIGHAN Vs. File No. CYNTHIA MARTINEZ AND TIFFANY YOUNG D DAIN 06197009 12/25/07 Court of Common Pleas 07-326 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 MEDICAL RECORDS DEPARTMENT MILTON S. HERSHEY MEDICAL CENTER 500 UNIVERSITY DR. TO: P.O. BOX 850 HERSHEY PA 17033 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of ca, liance, 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 subpoe -a within twenty (20) days after its service, the party serving this subpoena may seek a court order carpellirg you to carp 1y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:DONALD L. CARMELITE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SUPREME OOURT ID # ATTORNEY FOR:DEFENDANT DATE:--,. )U.A3p- 4 _ '2667 Seal of the Court ISSUED ON: 7/24/07 n BY THE COURT: i` Prot tary k, Ci it Division Deputy (Eff. 7/97) NO. 07-326 ADDENDUM TO SUBPOENA 06197009 12/25/07 BARBARA MONIGHAN AND GARY MONIGHAN VS. CYNTHIA MARTINEZ AND TIFFANY YOUNG SEE ATTACHED ADDENDUM PERTAINING TO BARBARA A. MONIGHAN (6363 BASHORE ROAD, MECHANICSBURG, PA, DOB 07/09/48, SSN 167-40-1710). Jun-18-07 14:34 From-M UG 717-651-9630 T-919 P.005/007 F-552 PAGE 4 OF 6 Instructions for MEDICAL records: Any and all medical records, including, but not limited to, inpatient records, outpatient records, physical therapy records, rehab records, surgical records, lab reports, x-ray films, MRls, CT scans, or other diagnostic testing performed, together with all diagnostic reports, medical reports, notes, memoranda, correspondence and medical bills concerning Barbara A. Monighan; Date of Birth: 7/9148; Social Security No. 167-40-1710. 114 06197009 12/25/07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF -CUMBERLAND BARBARA MONIGHAN AND GARY MONIGHAN Vs. File No. CYNTHIA MARTINEZ AND TIFFANY YOUNG Court of Common Pleas 07-326 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISGO'VERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF HEALTHSOUTH REHABILITATION HOSPITAL SPECIAL PROCEDURES CLINIC TO: 175 LANCASTER BLVD. MECHANICSBURG PA 17055 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of carpliance, 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 canoe l l i ng you to carry l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DONALD L. CARMELITE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241- 858 SUPREME OOURT ID # ATTORNEY FOR: DEFENDANT DATE : ?, )IIA--) E -22 A QU 7 Seal of the Oourt ISSUED ON: 7/24/07 BY THE OOURT: Prothonotary/Cler vIT ivision Deputy (Eff. 1/97) NO. 07-326 ADDENDUM TO SUBPOENA 06197009 12/25/07 BARBARA MONIGHAN AND GARY MONIGHAN VS. CYNTHIA MARTINEZ AND TIFFANY YOUNG SEE ATTACHED ADDENDUM PERTAINING TO BARBARA A. MONIGHAN (6363 BASHORE ROAD, MECHANICSBURG, PA, DOB 07/09/48, SSN 167-40-1710). Jun-18-07 14:34 From-MMUG 717-651-9630 T-919 P.005/007 F-552 PAGE 4 of 6 Instructions for MEDICAL records: Any and all medical records, including, but not limited to, inpatient records, outpatient records, physical therapy records, rehab records, surgical records, lab reports, x-ray films, MRls, CT scans, or other diagnostic testing performed, together with all diagnostic reports, medical reports, notes, memoranda, correspondence and medical bills concerning Barbara A. Monighan; Date of Birth: 7/9148; Social Security No. 167-40-1710. N 112/25/07 COMMONWEALTH OF PE NVSYLVANIA COURrY OF CUMBERLAND BARBARA MONIGHAN AND GARY MONIGHAN VS. File No. CYNTHIA MARTINEZ AND TIFFANY YOUNG Court of Common Pleas 07-326 SUBPOENA TO PRODIJOE DODJhENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF HEALTHSOUTH REHABILITATION CENTER 920 CENTURY DR. TO: MECHANICSBURG PA 17055 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of ccrripliance, 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 canoe l l i ng you to camp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DONALD L. CARMELITE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SUPRB E OOURT ID # ATTORNEY FOR: DEFENDANT DATE: iti - Q;R A ej2_ Seal of the t ISSUED ON: 7/24/07 BY THE COURT: Prothon6tary/C1 i i Division Deputy (Eff. 7/97) NO. 07-326 ADDENDUM TO SUBPOENA 06197009 12/25/07 BARBARA MONIGHAN AND GARY MONIGHAN VS. CYNTHIA MARTINEZ AND TIFFANY YOUNG SEE ATTACHED ADDENDUM PERTAINING TO BARBARA A. MONIGHAN (6363 BASHORE ROAD, MECHANICSBURG, PA, DOB 07/09/48, SSN 167-40-1710). Jun-48-07 14:34 From-MMUG 717-651-9630 T-919 P.005/007 F-552 PAGE 4 OF 6 Instructions for MEDICAL records: Any and all medical records, including, but not limited to, inpatient records, outpatient records, physical therapy records, rehab records, surgical records, lab reports, x-ray films, MRls, CT scans, or other diagnostic testing performed, together with all diagnostic reports, medical reports, notes, memoranda, correspondence and medical bills concerning Barbara A. Monighan; Date of Birth: 7/9148; Social Security No. 167-40-1710. COMMONWEALTH OF PENNSYLVANIA COON rY OF C[R iD BARBARA MONIGHAN AND GARY MONIGHAN Vs. File No. CYNTHIA MARTINEZ AND TIFFANY YOUNG - N 06197009 12/25/07 Court of Common Pleas 07-326 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF PENN STATE UNIVERSITY PHYSICIAN GROUP THREE FLOWERS DR. TO: MECHANICSBURG PA 17050 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of ompIiance, 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 carpe l l i ng you to oa, l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DONALD L. CARMELITE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215 41-5858 SUPREME OOURT ID # ATTORNEY FOR: DEFENDANT DATE : JL'L? L' '? 2Q.ey?7 Seal of the Court ISSUED ON: 7/24/07 BY THE COURT: Prothono y/C i it Division Deputy (Eff. 7/97) NO. 07-326 ADDENDUM TO SUBPOENA 06197009 12/25/07 BARBARA MONIGHAN AND GARY MONIGHAN VS. CYNTHIA MARTINEZ AND TIFFANY YOUNG SEE ATTACHED ADDENDUM PERTAINING TO BARBARA A. MONIGHAN (6363 BASHORE ROAD, MECHANICSBURG, PA, DOB 07/09/48, SSN 167-40-1710). Jun-18-,07 14:34 From-MMUG Instructions for MEDICAL records: 717-651-9630 T-919 P-005/007 F-552 PAGE 4 OF 6 Any and all medical records, including, but not limited to, inpatient records, outpatient records, physical therapy records, rehab records, surgical records, lab reports, x-ray films, MRls, CT scans, or other diagnostic testing performed, together with all diagnostic reports, medical reports, notes, memoranda, correspondence and medical bills concerning Barbara A. Monighan; Date of Birth: 7/9148; Social Security No. 167-40-1710. N 06197009 12/25/07 CO**4-#jWFALTH OF Pfl YLVANIA COUNPY OF C[A`ID BARBARA MONIGHAN AND GARY MONIGHAN Vs. CYNTHIA MARTINEZ AND TIFFANY YOUNG Court of Common Pleas 07-326 File No. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF UANTUM IMAGING & THERAPEUTIC ASSOC. 405 ST. JOHNS CHURCH RD. TO: 2AMP HILL PA 17011 (Name of Person or Entity Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of carpliance, 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 pr"ce 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 caripe l ling you to comp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DONALD L. CARMELITE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-3858 SUPREME OOURT ID # ATTORNEY FOR: DEFENDANT DATE : JL,t.c. 9 .22 r W Seal of the Court ISSUED ON: 7/24/07 BY THE COURT: Prot ary/Cler I it ivision Deputy (Eff. 1/97) NO. 07-326 ADDENDUM TO SUBPOENA 06197009 12/25/07 BARBARA MONIGHAN AND GARY MONIGHAN VS. CYNTHIA MARTINEZ AND TIFFANY YOUNG SEE ATTACHED ADDENDUM PERTAINING TO BARBARA A. MONIGHAN (6363 BASHORE ROAD, MECHANICSBURG, PA, DOB 07/09/48, SSN 167-40-1710). Jun-16-07 14:34 From-MAUG 717-651-9630 T-919 P-005/007 F-552 PAGE 4OF 6 Instructions for MEDICAL records: Any and all medical records, including, but not limited to, inpatient records, outpatient records, physical therapy records, rehab records, surgical records, lab reports, x-ray films, MRls, CT scans, or other diagnostic testing performed, together with all diagnostic reports, medical reports, notes, memoranda, correspondence and medical bills concerning Barbara A. Monighan; Date of Birth: 7!9!48; Social Security No. 167-40-1710. N 06197009 12/25/07 COI MONWENLTH OF PENNSYLVANIA COUNrY OF CUMBERLAND BARBARA MONIGHAN AND GARY MONIGHAN Court of Common Pleas • 07-326 Vs. File No. CYNTHIA MARTINEZ AND TIFFANY YOUNG SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF PHYSICIANS OF REHABILITATION INDUSTRIAL & SPINE MEDICINE P.C. TO: 175 LANCASTER BLVD. P.O. BOX 2028 Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at _RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of ca, liance, 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 ccnpe l ling you to carp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DONALD L. CARMELITE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 24 -5858 SUPREME COURT ID # ATTORNEY FOR: DEFENDANT DATE :j ? JE 2 ?)667 Seal of the Court ISSUED ON: 7/24/07 " 11 k-?4 BY THE COURT: Prothonotary/Clergy ivision Deputy (Eff. 7/97) NO. 07-326 ADDENDUM TO SUBPOENA 06197009 12/25/07 BARBARA MONIGHAN AND GARY MONIGHAN VS. CYNTHIA MARTINEZ AND TIFFANY YOUNG SEE ATTACHED ADDENDUM PERTAINING TO BARBARA A. MONIGHAN (6363 BASHORE ROAD, MECHANICSBURG, PA, DOB 07/09/48, SSN 167-40-1710). Jun-18-07 14:34 From-MDWC&G 717-651-9630 T-919 P-005/007 F-552 PAGE 4 OF 6 instructions for MEDICAL records: Any and all medical records, including, but not limited to, inpatient records, outpatient records, physical therapy records, rehab records, surgical records, lab reports, x-ray films, MRis, CT scans, or other diagnostic testing performed, together with all diagnostic reports, medical reports, notes, memoranda, correspondence and medical bills concerning Barbara A. Monighan; Date of Birth: 7/9148; Social Security No. 167-40-1710. N 06197009 12/25/07 COMMONWEALTH OF PENNMVANIA COiJm OF Cfau. ID BARBARA MONIGHAN AND GARY MONIGHAN Court of Common Pleas 07-326 Vs. File No. CYNTHIA MARTINEZ AND TIFFANY YOUNG SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF DRAYER PHYSICAL THERAPY INSTITUTE 5275 E. TRINDLE RD. S-110 TO: MECHANICSBURG PA 17050 (Name of Person or Entity Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of carpliance, 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 carne l ling you to carp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DONALD L. CARMELITE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SUPREME OOURT ID # ATTORNEY FOR: DEFENDANT DATE : 22 ;1667 Sea] of the Court ISSUED ON: 7/24/07 BY THE OOURT: Prothono ary/C1 i it ivision Day (Eff. 7/97) NO. 07-326 ADDENDUM TO SUBPOENA 06197009 12/25/07 BARBARA MONIGHAN AND GARY MONIGHAN VS. CYNTHIA MARTINEZ AND TIFFANY YOUNG SEE ATTACHED ADDENDUM PERTAINING TO BARBARA A. MONIGHAN (6363 BASHORE ROAD, MECHANICSBURG, PA, DOB 07/09/48, SSN 167-40-1710). Jun-16-07 14:34 From-MMUG 717-651-9630 T-919 P-005/007 F-552 PAGE 4 OF 6 instructions for MEDICAL records: Any and all medical records, including, but not limited to, inpatient records, outpatient records, physical therapy records, rehab records, surgical records, lab reports, x-ray films, MRis, CT scans, or other diagnostic testing performed, together with all diagnostic reports, medical reports, notes, memoranda, correspondence and medical bills concerning Barbara A. Monighan; Date of Birth: 719148; Social Security No. 167-40-1710. N 06197009 12/25/07 COMMONWEALTH OF PII4NSYLVANIA COOWPY OF (IAI!ID BARBARA MONIGHAN AND GARY MONIGHAN Court of Common Pleas 07-326 Vs. CYNTHIA MARTINEZ AND TIFFANY YOUNG - File No. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF MAGNETIC IMAGING CENTER 4665 E. TRINDLE RD. TO: MECHANICSBURG PA 17055-3640 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of carpIiance, 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 corns e l l i r:g you to carp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DONALD L. CARMELITE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 24-1--5858 SUPREME COURT ID # ATTORNEY FOR: DEFENDANT DATE: Ju•,.%E a l on7 Seal of the Court ISSUED ON: 7/24/07 BY THE COURT: Prot ary/C1 'vi 11 k% iv is ion Deputy (Eff. 7/97) NO. 07-326 ADDENDUM TO SUBPOENA 06197009 12/25/07 BARBARA MONIGHAN AND GARY MONIGHAN VS. CYNTHIA MARTINEZ AND TIFFANY YOUNG SEE ATTACHED ADDENDUM PERTAINING TO BARBARA A. MONIGHAN (6363 BASHORE ROAD, MECHANICSBURG, PA, DOB 07/09/48, SSN 167-40-1710). Jun-16-07 14:34 From-fvIDWC&G 717-651-9630 T-919 P.005/D07 F-552 PAGE 4 OF 6 Instructions for MEDICAL records: Any and all medlcal records, including, but not limited to, inpatient records, outpatient records, physical therapy records, rehab records, surgical records, lab reports, x-ray films, MRls, CT scans, or other diagnostic testing performed, together with all diagnostic reports, medical reports, notes, memoranda, correspondence and medical bills concerning Barbara A. Monighan; Date of Birth: 719/48; Social Security No. 167-40-1710. N 06197009 12/25/07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CLZMERLAND BARBARA MONIGHAN AND GARY MONIGHAN File No. Court of Common Pleas 07-326 Vs. CYNTHIA MARTINEZ AND TIFFANY YOUNG SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCDVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF HETRICK CENTER P.C. 6481 CARLISLE PIKE TO: MECHANICSBURG PA 17050 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at _RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of carpliance, 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 cm-Oe l l irg you to carp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DONALD L. CARMELITE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241--3858 SUPREME OOURT ID # ATTORNEY FOR: DEFENDANT DATE: 7 Seal of the t ISSUED ON: 7/24/07 BY THE COURT: Pro tary/Cl vi Division Deputy (Eff. 7/97) NO. 07-326 ADDENDUM TO SUBPOENA 06197009 12/25/07 BARBARA MONIGHAN AND GARY MONIGHAN VS. CYNTHIA MARTINEZ AND TIFFANY YOUNG SEE ATTACHED ADDENDUM PERTAINING TO BARBARA A. MONIGHAN (6363 BASHORE ROAD, MECHANICSBURG, PA, DOB 07/09/48, SSN 167-40-1710). Jun-1 BIT 14:34 From-MMUG TIT-651-9630 T-919 P.005/007 F-552 PAGE 4 OF 6 Instructions for MEDICAL records: Any and all medical records, including, but not limited to, inpatient records, outpatient records, physical therapy records, rehab records, surgical records, lab reports, x-ray films, MRls, CT scans, or other diagnostic testing performed, together with all diagnostic reports, medical reports, notes, memoranda, correspondence and medical bills concerning Barbara A. Monighan; Date of Birth: 719148; Social Security No. 167-40-1710. 114 0619700 9 12/25/07 p WFALTH OF PENNSYLVANIA COUNTY OF CUMBE TAND BARBARA MONIGHAN AND GARY MONIGHAN Vs. Court of Common Pleas 07-326 File No. CYNTHIA MARTINEZ AND TIFFANY YOUNG SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF TO: 971TYORKS. RD . G DIER,D.C.PGA B70R9FAMILY CHIROPRACTIC (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doa.ments or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of ccrtpliance, 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 docuTients or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order ccripe 11 i ng you to comp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DONALD L. CARMELITE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SUPREME COURT ID # ATTORNEY FOR: DEFENDANT DATE: lju_'_. P _ '22 '21562 Seal of the CrSurt ISSUED ON: 7/24/07 BY THE COURT: Prothonotary/Clerk-,l civ' Division Deputy (Eff. 7/97) NO. 07-326 ADDENDUM TO SUBPOENA 06197009 12/25/07 BARBARA MONIGHAN AND GARY MONIGHAN VS. CYNTHIA MARTINEZ AND TIFFANY YOUNG SEE ATTACHED ADDENDUM PERTAINING TO BARBARA A. MONIGHAN (6363 BASHORE ROAD, MECHANICSBURG, PA, DOB 07/09/48, SSN 167-40-1710). Jun-1B707 14:34 From-M UG 717-651-9630 T-919 P.005/007 F-552 PAGE 4 OF 6 Instructions for MEDICAL records: Any and all medical records, including, but not limited to, inpatient records, outpatient records, physical therapy records, rehab records, surgical records, lab reports, x-ray films, MRIs, CT scans, or other diagnostic testing performed, together with all diagnostic reports, medical reports, notes, memoranda, correspondence and medical bills concerning Barbara A. Monighan; Date of Birth: 7/9/48; Social Security No. 167-40-1710. XN 06197009 12/25/07 COMMONWEAI.TH OF PENNSYLVANIA COiJNPY OF BARBARA MONIGHAN AND GARY MONIGHAN Court of Common Pleas 07-326 Vs. Fi le No. CYNTHIA MARTINEZ AND TIFFANY YOUNG SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISODVERY PURSUANT TO RULE 4009.22 MEDICAL RECORDS DEPARTMENT HOLY SPIRIT HOSPITAL 503 N. 21ST ST. TO: CAMP HILL PA 17011-2288 Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of cxrrpliance, 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 docuTents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order arrQe l l i rg you to carp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DONALD L. CARMELITE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SUPREME OOURT ID # ATTORNEY FOR: DEFENDANT DATE :JU-AAF- .2,2 Sao? Seal of the CmurtT- ISSUED ON: 7/24/07 BY THE COURT: Prothonotary/Clerk i Division Deputy (Eff. 7/97) NO. 07-326 ADDENDUM TO SUBPOENA 06197009 12/25/07 BARBARA MONIGHAN AND GARY MONIGHAN VS. CYNTHIA MARTINEZ AND TIFFANY YOUNG SEE ATTACHED ADDENDUM PERTAINING TO BARBARA A. MONIGHAN (6363 BASHORE ROAD, MECHANICSBURG, PA, DOB 07/09/48, SSN 167-40-1710). Jun-16-07 14:34 From-MMUG 717-651-9630 T-919 P-005/007 F-552 PAGE 4 OF 6 instructions for MEDICAL records: Any and all medical records, including, but not limited to, inpatient records, outpatient records, physical therapy records, rehab records, surgical records, lab reports, x-ray films, MRIs, CT scans, or other diagnostic testing performed, together with all diagnostic reports, medical reports, notes, memoranda, correspondence and medical bills concerning Barbara A. Monighan; Date of Birth: 719148; Social Security No. 167-40-1710. N 06197009 12/25/07 OF PENNSYLVANIA COUNTY OF CL149ERIAM BARBARA MONIGHAN AND GARY MONIGHAN Court of Common Pleas 07-326 Vs. File No. CYNTHIA MARTINEZ AND TIFFANY YOUNG SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 PERSONNEL DEPARTMENT U.S. AIRWAYS HARRISBURG INTERNATIONAL AIRPORT TO: 510 DAUPHIN DR. MIDDLETOWN PA 17057 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of ccap l i ance, 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 cope l l i r:g you to ca p l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DONALD L. CARMELITE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215 - 858 SUPREME OOURT 1D # ATTORNEY FOR: DEFENDANT BY THE COURT: Prot ary/C1 vi 0 Division UATE:_`_? Seal of the Co6rt Deputy ISSUED ON: 7/24/07 (Eff. 7/97) NO. 07-326 ADDENDUM TO SUBPOENA 06197009 12/25/07 BARBARA MONIGHAN AND GARY MONIGHAN VS. CYNTHIA MARTINEZ AND TIFFANY YOUNG SEE ATTACHED ADDENDUM PERTAINING TO BARBARA A. MONIGHAN (6363 BASHORE ROAD, MECHANICSBURG, PA, DOB 07/09/48, SSN 167-40-1710). Jun-18-07 14:34 From-MMUG 717-651-9630 T-919 P.007/007 F-552 PAGE 6 OF 6 Instructions for employment records: Any and all employment information, Including, but not limited to, Workers' Compensation documents, Application for Employment, W-2 statements, 1099 statements, other payroll records, records of performance evaluations, performance reviews, sicknesses or Illnesses, records regarding any medical leaves of absence, disciplinary actions, correspondence, memoranda, handwritten notes, medical reports, medical bills and insurance records concerning Barbara A. Monighan; Date of Birth: 719/48; Social Security No. 167-40-1710. CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this day of July, 2007, I served a true and correct copy of the Certificate-Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22, via U.S. first-class mail, postage pre-paid, as follows: Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Attorney for Plaintiffs Daniel K. Deardorff, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 Attorney for Defendant Cynthia Martinez SUSAN M. WILLIAMS n ? Ca c? ? -rt m: D < rl) - N SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff BARBARA MONIGHAN and GARY MONIGHAN, wife and husband, Plaintiffs V. CYNTHIA MARTINEZ and TIFFANY YOUNG, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-326 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE' OF SERVICE And now, this 31 st day of July, 2007, 1 hereby certify that a copy of the foregoing Plaintiffs' Supplemental Interrogatories Directed to Defendant Cynthia Martinez has been served upon the following, via U.S. Mail: Donald L. Carmelite, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Counsel for Defendant, Tiffany Young Daniel K. Deardorff, Esquire Ten East High Street Carlisle, PA 17013 Counsel for Defendant, Cynthia Martinez SHOLLENB G R & JANUZZI, LLP By: y . S Ile berger, sq. Attorney ID#34343 7 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 728-3200 ! FAX (717) 728-3400 a -- 1 ? rn `T7 cl? y =a 1 - rTl 08137009 ORIGINAL COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BARBARA MONIGHAN AND GARY MONIGHAN PLAINTIFF/S VS. CYNTHIA MARTINEZ AND TIFFANY YOUNG COURT OF COMMON PLEAS N0. 07-326 DEFENDANT/S CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 AS A PREREQUISITE TO SERVICE OF A SUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDANT 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 THAT WILL BE SERVED IS IDENTICAL TO THE SUBPOENA WHICH IS ATTACHED TO THE NOTICE OF INTENT TO SERVE THE SUBPOENA. DATE: 9/11/07 ATTORNEY FOR DEFENDANT 21237-00443 a COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BARBARA MONIGHAN AND GARY MONIGHAN VS. PLAINTIFF/S COURT OF COMMON PLEAS CYNTHIA MARTINEZ AND TIFFANY YOUNG DEFENDANT/S N0. 07-326 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: TIMOTHY A. SHOLLENBERGER, ESQ. SHOLLENBERGER & JANUZZI 2225 MILLENNIUM WAY ENOLA PA 17025 ATTORNEY(S) FOR PLAINTIFF DANIEL K. DEARDORFF, ESQ. MARTSON LAW OFFICES TEN E. HIGH ST. CARLISLE PA 17013 ATTORNEY(S) FOR CO-DEFENDANT 08137009 12/25/07 DEFENDANT INTENDS TO SERVE A SUBPOENA IDENTICAL TO THE ONE THAT IS ATTACHED TO THIS NOTICE TO THE DEPONENT/S LISTED BELOW, REQUESTING RECORDS BE PRODUCED AT RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., PHILADELPHIA, PA 19103. YOU HAVE TWENTY (20) DAYS FROM THE DATE LISTED BELOW IN WHICH TO FILE OF RECORD AND SERVE UPON THE UNDERSIGNED AND RECORD COPY SERVICES (215-241-5858), AN OBJECTION TO THE SUBPOENA. IF NO OBJECTION IS MADE THE SUBPOENA/S MAY BE SERVED. NATIONWIDE INSURANCE COMPANY DATE: 8/14/07 DONALD L. CARMELITE, ESQ. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 CRUMS MILL RD. HARRISBURG PA 17112 ATTORNEY(S) FOR DEFENDANT iv 08137009 12/25/07 1. OONMCiWFALTH OF PEI bSMVANIA COUM OF CUMBEEMAND BARBARA MONIGHAN AND GARY MONIGHAN vs. CYNTHIA MARTINEZ AND TIFFANY YOUNG Court of Common Pleas 07-326 Fi Is No. NATIONWIDE INSURANCE COMPANY P.O. BOX 2655 TO:HARRISBURG PA 17105 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the cart to produce the following documents or things: SEE ATTACHED ADDENDUM attECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (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 doainents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order camI I I ing you to on, ly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAt°EVONALD L. CARMELITE, ESQ. ADDRESS: TELEPHONE FOR INFORMATION: (215) 241-5858 SUPREME COURT ID # ATTORNEY Fa+EFENDANT DATE: / 7 - Czar; 7 sea of the court ISSUED ON: 9/11/07 BY THE COURT: Pro y/ vi ivision Deputy (Eff. 7/97) NO. 07-326 ADDENDUM TO SUBPOENA 08137009 12/25/07 BARBARA MONIGHAN AND GARY MONIGHAN VS. CYNTHIA MARTINEZ AND TIFFANY YOUNG SEE ATTACHED ADDENDUM PERTAINING TO BARBARA A. MONIGHAN (6363 BASHORE RD., MECHANICSBURG, PA, DOB 07/09/48, SSN 167-40-1710). Aug-13-07 09:13 From-1uMU Ins etions for INS RANG records: 717-651-9630 T-371 P-003/003 F-677 PAGE 2 OF 2 Any and all records In your possession, custody limited to, documents regarding tort option seise investigative materials, photographs, medical rei medical invoices and/or bills, together with amot Insurance Company on behalf of Barbara A. Mon expenses and/or property damage Incurred as a that occurred on 3130105; Policy No. Policy No. 61 r control, Including, but not on, insurance polities, rds, reports and/or opinions, is paid by Nationwide han for any and ag medical suit of an automobile accident CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this AY* day of September, 2007, I served a true and correct copy of the Certificate-Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22, via U.S. first-class mail, postage pre-paid, as follows: Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Attorney for Plaintiffs Daniel K. Deardorff, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 Attorney for Defendant Cynthia Martinez SUSAN M. WILLIAMS ra U C -n #_-.. -V M - fir; t )A ORIGINAL COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BARBARA MONIGHAN AND GARY MONIGHAN PLAINTIFF/S VS. CYNTHIA MARTINEZ AND TIFFANY YOUNG DEFENDANT/S COURT OF COMMON PLEAS NO. 07-326 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 08207028 AS A PREREQUISITE TO SERVICE OF A SUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDANT 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 THAT WILL BE SERVED IS IDENTICAL TO THE SUBPOENA WHICH IS ATTACHED TO THE NOTICE OF INTENT TO SERVE THE SUBPOENA. DATE: 9/20/07 .1 21237-0044. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BARBARA MONIGHAN AND GARY MONIGHAN VS. PLAINTIFF/S COURT OF COMMON PLEAS CYNTHIA MARTINEZ AND TIFFANY YOUNG NO. 07-326 DEFENDANT/S NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: TIMOTHY A. SHOLLENBERGER, ESQ. SHOLLENBERGER & JANUZZI 2225 MILLENNIUM WAY ENOLA PA 17025 ATTORNEY(S) FOR PLAINTIFF DANIEL K. DEARDORFF, ESQ. MARTSON LAW OFFICES TEN E. HIGH ST. CARLISLE PA 17013 ATTORNEY(S) FOR CO-DEFENDANT 08207028 12/25/07 DEFENDANT INTENDS TO SERVE A SUBPOENA IDENTICAL TO THE ONE THAT IS ATTACHED TO THIS NOTICE TO THE DEPONENT/S LISTED BELOW, REQUESTING RECORDS BE PRODUCED AT RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., PHILADELPHIA, PA 19103. YOU HAVE TWENTY (20) DAYS FROM THE DATE LISTED BELOW IN WHICH TO FILE OF RECORD AND SERVE UPON THE UNDERSIGNED AND RECORD COPY SERVICES (215-241-5858), AN OBJECTION TO THE SUBPOENA. IF NO OBJECTION IS MADE THE SUBPOENA/S MAY BE SERVED. CONFORTI PHYSICAL THERAPY & FITNESS CENTER DATE: 8/21/07 DONALD L. CARMELITE, ESQ. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 CRUMS MILL RD. HARRISBURG PA 17112 ATTORNEY(S) FOR DEFENDANT COE243NWEAM OF PENNS ZVANIA COUNIPY OF a> nam BARBARA MONIGHAN AND GARY MONIGHAN Vs. CYNTHIA MARTINEZ AND TIFFANY YOUNG a• 08207028 12/25/07 Court of Common Pleas 07-326 File No. SUBPOENA TO PRODUCE DOCUMITS OR THINGS FOR DISWVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF PHYS TO: 110 N.T7TH STICLEMO?YNEE PA 17043 NESS CENTER of Person or Enti Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-30 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of canpliance, 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 camps l l i ng you to carp l y with it. THIS SUBPOENA WAS' ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAI E: DONALD L. CARMELITE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215 241-5658 SUPREME OOURT ID # ATTORNEY FOR:DEFENDANT DATE: • Seat of the C urt ISSUED ON: 9/20/07 (Eff. 1/97) r NO. 07-326 ADDENDUM TO SUBPOENA 08207028 12/25/07 BARBARA MONIGHAN AND GARY MONIGHAN VS. CYNTHIA MARTINEZ AND TIFFANY YOUNG SEE ATTACHED ADDENDUM PERTAINING TO BARBARA A. MONIGHAN (6363 BASHORE RD., MECHANICSBURG, PA, DOB 07/09/48, SSN 167-40-1710). AurZO-07 11:54 From-MMUG T1i-651-8630 T-4Z3 P.oo31UU$ r-Vye PAGE 2 OF 2 struction-s-for M ICALrecords: Any and all medical records, Including, but not limited to, Inpatient records, outpatient records, physical therapy records, rehab records, lab report, x. ray films, MRIs, CT scans, or other diagnostic testing performed, together with all diagnostic reports, medical reports, notes, memoranda, correspondence and medical bills concerning Barbara A. Monighan; Date of Birth: 7/9148; Social Security No. 167-40-1710. . CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this day of September, 2007, I served a true and correct copy of the Certificate-Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22, via U.S. first-class mail, postage pre-paid, as follows: Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Attorney ttorneyfor Plaintiffs Daniel K. Deardorff, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 Attorney for Defendant Cynthia Martinez SAN M. WILLIAMS _N 1 CA) ORIGINAL BARBARA MONIGHAN and, GARY MONIGHAN, Plaintiffs V. CYNTHIA MARTINEZ and TIFFANY YOUNG, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-326 CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel on behalf of the Defendant, Tiffany Young, with respect to the above-referenced matter. DATE: M 1)9 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: EPHEN J. BARCAVAGE, ESQUIRE I.D. No. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3506 Attorney for Defendant Tiffany Young a CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this R4) day of January, 2008, I served a true and correct copy of the Entry of Appearance, via U.S. first-class mail, postage pre-paid, as follows: Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Attorney for Plaintiffs Daniel K. Deardorff, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 Attorney for Defendant Cynthia Martinez 1,4u ' (L?_' ?) LU-A? SUSAN M. WILLIAMS ?? C?? ?? ?? ;r ? ? ? + _ ? ?, y ; ?? ? i Ie MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Stephen J. Barcavage, Esquire ID # 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Our File No. 21237-00443 Attorney For Defendant Tiffany Young BARBARA MONIGHAN and, IN THE COURT OF COMMON PLEAS OF GARY MONIGHAN, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 07-326 V. CIVIL ACTION - LAW CYNTHIA MARTINEZ and TIFFANY YOUNG, Defendants JURY TRIAL DEMANDED WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of the undersigned as counsel for Defendant, Tiffany Young, in the above-captioned case. MARSHALL DENNEHEY WARNE EM GOGGIN By: Don d . Carmelit2s', uir e Attorney for Defend 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3504 V ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel for Defendant, Tiffany Young, in the above-captioned case. MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: S Oen J. Bareavage, Esquire Attorney for Defendant I.D. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3506 Dated: January 18, 2008 ?' as -.L ao. ?' a ? ?? ? + y. ??~ ? iy ?° c,a MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Stephen J. Barcavage, Esquire ID #78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Our File No. 21237-00443 Attorney For Defendant Tiffany Young BARBARA MONIGHAN and, GARY MONIGHAN, Plaintiffs V. CYNTHIA MARTINEZ and TIFFANY YOUNG, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-326 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Stephen J. Barcavage, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on January 28, 2008, served a copy of the Withdrawal of Appearance and Entry of Appearance, via First Class United States mail, postage prepaid as follows: Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Attorney for Plaintiffs Daniel K. Deardorff, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 Attorney for Defendant Cynthia Martinez Stephen J. Barcavage W `? ? phi SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff BARBARA MONIGHAN and GARY MONIGHAN, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CYNTHIA MARTINEZ and TIFFANY YOUNG, Defendants NO. 07-326 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this M day of May, 2008, 1 hereby certify that a true and correct copy of the Notice of Deposition of Frank Dermot has been served upon the following via U.S. Mail, postage prepaid, addressed to: Frank Dermot Wilkesbarre Scranton International Airport 100 Terminal Dr. Avoca, PA 18641 SHOLLENBERGER & JANUZZI, LLP By. Timothy %. Shollenberger, Esq. Attorney I.D. #34343 Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 717-728-3200 3 Th co - p^w? SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff BARBARA MONIGHAN and GARY MONIGHAN, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CYNTHIA MARTINEZ and TIFFANY YOUNG, Defendants NO. 07-326 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this aa%ay of May, 2008, 1 hereby certify that a true and correct copy of the Notice of Deposition of Hedy Walker has been served upon the following via U.S. Mail, postage prepaid, addressed to: Hedy Walker 307 Candlewood Ct. Millersville, MD 21108-2415 SHOLLENBERGER & JANUZZI, LLP A ' By: Timothy A. Shollenberger, Esq. Attorney I.D. #34343 Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 717-728-3200 3 C7 ? c-y 7',"=. co SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff BARBARA MONIGHAN and GARY MONIGHAN, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CYNTHIA MARTINEZ and TIFFANY YOUNG, Defendants NO. 07-326 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this ? day of May, 2008, 1 hereby certify that a true and correct copy of the Notice of Deposition of Karen Carey has been served upon the following via U.S. Mail, postage prepaid, addressed to: Karen Carey 447 Waverly Woods Drive Harrisburg, PA 17110 SHOLLENBERGER & JANUZZI, LLP By: Timothy A. Shollenberger, Esq. Attorney I.D. #34343 Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 717-728-3200 3 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-4300 Attorneys for Plaintiff BARABARA MONIGHAN and GARY MONIGHAN Plaintiffs V. CYNTHIA MARTINEZ and TIFFANY YOUNG, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-326 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned action settled, ended, and discontinued with prejudice. Respectfully submitted, Date: January 5, 2009 SHOLLENBERGER & JANUZZI, LLP Attorneys for the Plaintiff SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-4300 Attorneys for Plaintiff BARABARA MONIGHAN and GARY MONIGHAN Plaintiffs V. CYNTHIA MARTINEZ and TIFFANY YOUNG, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-326 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this 5th day of January 2009, 1 hereby certify that I have served the following Praecipe to Discontinue on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Daniel K. Deardorff, Esquire Ten East High Street Carlisle, PA 17013 Stephen J. Barcavage, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 SHOLLENBERGER & JANUZZI, LLP t"a p C'? 77 ,. ?i . j.. ` ~ ? n ' ^ r