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Home My WebLink About00-03221 ,-- , I "n_ . ~ i_ j ') : , , SHOLLENBERGER & JANUZZI. LLP 1820 Linglestown Road P,O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiff ANN FEENEY-McGOVERN and EDWARD M. McGOVERN, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Ctu.:l I~ NO, tY"l - .':l.JJ..1 , v. THOMAS A. KANASKIE, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 1820 LlNGLESTOWN ROAD. P.O. BOX 60545 . HARRISBURG, PA 17106-0545 (717) 234-3700. FAX (717) 234-8212 " . , '. - ,. , ~~ :J ~ '., .. , SHOLLENBERGER & JANUZZI, LLP 1820 Unglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiff ANN FEENEY-McGOVERN and EDWARD M. McGOVERN, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. v. THOMAS A. KANASKIE, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED LE HAN DEMANDADO A USTED 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 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas 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 previa aviso 0 notoficacaion y por cualquier queja 0 alivio que es pedido en la peticion do demanda. usted puede perder dinero 0 sus propiededas 0 otros derechos importantes para usted. LLEVE ESTA DEMANDAA UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 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 1820 L1NGLESTOWN ROAD. P.O. BOX 60545. HARRISBURG, PA 17106-0545 (717) 234-3700. FAX (717) 234-8212 J_l_ ___,_._ l'.-_ ,~ , l. '-~ , SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiff ANN FEENEY-McGOVERN and EDWARD M. McGOVERN, her husband, Plaintiffs v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. tJ.o - .3.2;;1I CW:.t J--t.u--- CIVIL ACTION - LAW JURY TRIAL DEMANDED THOMAS A. KANASKIE, Defendant AND NOW comes the Plaintiffs, ANN FEENEY-McGOVERN and EDWARD M. McGOVERN, her husband, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and do respectfully represent the following: 1, The Plaintiff, ANN FEENEY-McGOVERN, is an adult individual who currently resides at 3208 Green Street, Harrisburg, Dauphin County, Pennsylvania 17110. 2. The Plaintiff, EDWARD M, McGOVERN, is an adult individual who currently resides at 3208 Green Street, Harrisburg, Dauphin County, Pennsylvania 17110. 3. The Plaintiffs, ANN FEENEY-McGOVERN and EDWARD M. McGOVERN are husband and wife having been married on April 22, 1978. 4. The Defendant, THOMAS A. KANASKIE, is an adult individual whose last known address is 319 Geary Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 5. The facts and circumstances hereinafter set forth took place, at or about 4:30 p.m. on June 11, 1998, on an access drive leading from the parking lot onto 1 SHOllENBERGER & JANUZZI, llP 1820 lINGlESTOWN ROAD. P.O. BOX 60545 . HARRISBURG, PA 17106-0545 (717) 234-3700. FAX (717) 234-8212 'a"'-' . . , "l"_loL,; , Corporate Way, near its intersection with Erford Road, Enola, Cumberland County, Pennsylvania. 6. At the aforesaid time and place, the Plaintiff, ANN FEENEY-McGOVERN, was the owner and operator of a 1987 Honda Accord, bearing Pennsylvania registration plate RCC-130. 7. At the aforesaid time and place, Defendant, THOMAS A. KANASKIE, was the operator of a 1986 Honda Civic, bearing Pennsylvania registration plate A YR-5378. 8. At the aforesaid time and place, the vehicle driven by the Plaintiff, ANN FEENEY-McGOVERN, was traveling on an access drive heading north, towards Corporate Way, near its intersection with Erford Road. 9. At the aforesaid time and place, the vehicle driven by Defendant, THOMAS A. KANASKIE, was traveling directly behind the Plaintiff, ANN FEENEY-McGOVERN. 10. At the aforesaid time and place, the vehicle operated by Plaintiff, ANN FEENEY- McGOVERN slowed down and eventually came to a complete stop at a controlling stop sign where the access road ends at Corporate Way. 11. At the aforesaid time and place, the vehicle operated by Defendant, THOMAS A. KANASKIE, collided into the rear of the vehicle operated by Plaintiff, ANN FEENEY- McGOVERN. 12. As a direct and proximate result of the aforesaid collision, Plaintiff, ANN FEENEY-McGOVERN, has suffered serious and permanent injuries, and complications therefrom, including but not limited to the following: (a) Severe strain and sprain of the muscles, tendons, ligaments and connective tissues at or about the cervical spine; (b) Moderate/severe cervical and thoracic sprain; (c) Severe headaches; (d) Cervical radiculitis, cervical brachial syndrome and cervical subluxation; (e) Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the thoracic spine; 2 SHOLLENBERGER & JANUZZI, LLP 1820 L1NGLESTOWN ROAD. P.O. BOX 60545. HARRISBURG, PA 17106-0545 (717) 234-3700. FAX (717) 234-8212 ,'I -_i; ,~ ~ (f) Perineural fibrosis in the spinal nerve roots and adjacent plexes; (g) Shock to the nerves and nervous system; and (h) Mental and physical anguish. COUNT I ANN FEENEY-McGOVERN v. THOMAS A. KANASKIE 13. Paragraphs 1 through 12 are hereby incorporated by reference as fully as set out herein. 14. The aforesaid serious and permanent injuries were a direct and proximate result of the willful, wanton and negligent conduct of the Defendant, THOMAS A KANASKIE, in operating his vehicle in a willful, wanton, careless, reckless and negligent manner as follows: (a) In following more closely than is reasonable and prudent, in not having due regard for the speed of the vehicles and the traffic upon and the condition of the highway in violation of S 3310 (a) of the Pennsylvania Motor Vehicle Code; (b) In operating his vehicle at a speed greater than existing traffic conditions to permit the driver to bring his vehicle to a stop within the assured clear distance ahead, in violation of S 3361 of the Pennsylvania Motor Vehicle Code; (c) In failing to have his vehicle under proper and adequate control; (d) In permitting his vehicle to collide with the rear of Plaintiff, ANN FEENEY- McGOVERN's vehicle 15. As a direct and proximate result of the aforesaid serious and permanent injuries, Plaintiff, ANN FEENEY-McGOVERN, has undergone and in the future will undergo great pain and suffering for which damages are claimed, 16. As a further result ofthe aforesaid injuries, Plaintiff, ANN FEENEY-McGOVERN, has suffered and may continue to suffer a loss of earnings and earning capacity for which damages are claimed, 3 SHOLLENBERGER & JANUZZI, LLP 1820 L1NGLESTOV\IN ROAD. P.O. BOX 60545. HARRISBURG, PA 17106-0545 (717) 234-3700. FAX (717) 234-8212 ,-', " - .f. ~" ~ 17. As a further result of the aforesaid injuries, Plaintiff, ANN FEENEY-McGOVERN, has incurred and may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed. 18. As a further result of the aforesaid injuries, Plaintiff, ANN FEENEY-McGOVERN, 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 the aforesaid injuries, Plaintiff, ANN FEENEY-McGOVERN, 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. 20. As a further result ofthe aforesaid injuries, Plaintiff, ANN FEENEY-McGOVERN, has and may in the future 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. 21. Plaintiff, ANN FEENEY-McGOVERN, selected the full tort option in her insurance agreement with her carrier, State Farm Mutual Automobile Insurance Company. WHEREFORE, Plaintiff, ANN FEENEY-McGOVERN, demands judgment against the Defendant, THOMAS A. KANASKIE, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT II EDWARD M. McGOVERN v. THOMAS A. KANASKIE 22. Paragraphs 1 through 21 of Plaintiffs' Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 4 SHOLLENBERGER & JANUZZI, LLP 1820 UNGLESTOWN ROAD. P.O. BOX 60545. HARRISBURG. PA 17106-0545 (717)234-3700. FAX (717)234-8212 -,- , - '_n .-i;.-.'-_L >- ~- -~ .'" 23. As a further result of injuries sustained by Plaintiff, ANN FEENEY-McGOVERN, Plaintiff, EDWARD M, McGOVERN, 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 for which damages are claimed. WHEREFORE, Plaintiff, EDWARD M. McGOVERN, demands judgment against the Defendant, THOMAS A, KANASKIE, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: ~ ROn~ESq. Attorney I.D. #81916 Dated: May 23, 2000 5 SHOLLENBERGER & JANUZZI, LLP 1820 L1NGLESTOWN ROAD. P.O. BOX 60545 . HARRISBURG, PA 17106-0545 (717) 234-3700 . FAX (717) 234-8212 ~ . ,_~_'c__ ,---~-> --.-i;~- -'-'-."","'._ "",;f -o",-'_i,_o. _ ~ __''-'_''_.:__'~ '-, ~- . VERIFICA liON I, Ann McGovern, hereby acknowledge that I am a Plaintiff in this action and that 1 have read the Complaint and that the facts stated herein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S, Section 4904, relating to unsworn falsification to authorities. Dat. 'ytfl-ff"L/ JUt! SHOLLENBERGER & JANUZZI, LLP 1820 LINGLESTOWN ROAD. P.O. BOX 60545 . HARRISBURG, PA 17106-0545 (717) 234-3700 . FAX (717) 234-8212 SET-UPS.DOC\VERIF!CATION ,- " ~~ - SHERIFF'S RETURN - REGULAR CASE NO: 2000-03221 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FEENEY-MCGOVERN ANN ET AL VS KANASKIE THOMAS A CPL, MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KANASKIE THOMAS A the DEFENDANT , at 0017:32 HOURS, on the 6th day of June , 2000 at 319 GEARY AVE NEW CUMBERLAND, PA 17070 by handing to THOMAS A. KANASKIE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 10.54 .00 10,00 .00 38,54 So Answers: ~~~ R. Thomas Kline 06/07/2000 SHOLLENBERGER & JANNUZZI Sworn and Subscribed to before By: me this j.z~ day of ()~ d-mJo A.D. C )~tPo~~, ~ . , ~ -'< ANN FEENEY-MCGOVERN and EDWARD M. MCGOVERN, her husband Plaintiffs V. THOMAS A. KANASKIE, Defendant TO THE PROTHONOTARY: .... ~ ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 00-3221 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE Please enter the undersigned's appearance on behalf of the Defendant, Thomas A. Kanaskie, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER ~~ By: David J. Freed, Esquire Atty. 1.0.#76622 301 Market Street -- 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 . n, '" ;,,--, ,- - .1_,-~;c ,,-' .::.:.-":-~;"", ",", <._c,; G,_.' ,'-, __ ~ -U ... ., CERTIFICATE OF SERVICE AND NOW, this 13th day of June 2000, I hereby certify that I have served the foregoing Praecipe entering my appearance on the following via hand delivery, addressed to: Ron S. Chima, Esquire SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, PA 17106-0545 ~~ David J. Freed, Esquire Dated: (,/;3/00 ,- ,.....^ ~~ < - ,. . o..",_",-_.,;~;~,_,_, ~",_,_;"____-___.- :~_'''"_.__: __ ANN FEENEY.MCGOVERN and EDWARD M. MCGOVERN, her husband Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 00-3221 CIVIL TERM V. THOMAS A. KANASKIE, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER AND NOW, comes the Defendant, Thomas A Kanaskie, by and through his attorneys, NEALON & GOVER, P.C., and files the following Answer: 1-3. Admitted, upon information and belief. 4-9. Admitted. 10. Following reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter asserted and proof is demanded at trial. 11. Admitted. 12. This paragraph states a conclusion of law to which no responsive pleading is required. To the extent that it is construed to allege facts, the same are denied pursuant to Pa.R.Civ.P. 1029(e). COUNT I ANN FEENEY-MCGOVERN V. THOMAS A KANASKIE 13. Paragraphs 1 through 12 are incorporated herein by reference. ,__~""" ___~'_ ,,-"-,"Je" --,,,-,,~,",,_-_;.,_--,, c,~ _~_'", "'_-,__.,,,.~:_, '/,''-1'':'_....','-'-' <,~"-_, c ---'''<'.~,~i /,_j;,," , . ., 14-20. These paragraphs state conclusions of law to which no responsive pleading is required. To the extent that they are construed to allege facts, the same are denied pursuant to Pa.R.Civ.P. 1029(e). 21. Denied pursuant to Pa.R.Civ.P. 1029(e). COUNT II EDWARD M. MCGOVERN V. THOMAS A KANASKIE 22. Paragraphs 1 through 22 are incorporated herein by reference. 23. Denied pursuant to Pa.R.Civ.P. 1029(e). WHEREFORE, Defendant, Thomas A. Kanaskie, respectfully requests that the Complaint against him be DISMISSED. Respectfully submitted, NEALON & GOVER By: .bo-:J~ David J. Freed, Esquire Atty.I.D.#76622 301 Market Street -- 9th Floor P,O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 . , ,".',-" - ",.-,-~. -< -, -,'_"'..- ~.~--_ -,,_~~''''d-''- ~,_ "'~. : VERIFICATION I, THOMAS A. KANASKIE, verify that the statements made in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.SA 4904 relating to unsworn falsification to authorities. '- ':;;~/'Il ~ ~_ THOMAS A. KANASKIE ~ Dated: :";/o{I1~ 02d..1 ,;({),JCJ . - ~ -..," .".- '~-,'~,.~,~ ,.,. ',UC_,:..,, k-.~-~",;';''''',,;,,;~:;--...,,'t-,."",.,~~>-;:.. . [;'" -.,-, -. 'it CERTIEICATE OF SERVICE AND NOW, this l~day of June 2000, I hereby certify that I have served the foregoing Answer on the following via United States Mail, postage prepaid, addressed to: Ron S. Chima, Esquire SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, PA 17'106-0545 ~~\W'.~\. David J. Freed, Esquire Dated: (p-22'OO ~ "'-' -.' "r~ '-__~d..t:__"",:;:~~:L:,;;,_;,~_::__ _'~"___"_:_,,_ , ,-,", ' . ~ --, ,"g. ;. 'i ~: ,~ '. . SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attome s for Plaintiff ANN FEENEY-McGOVERN and EDWARD M. McGOVERN, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-3221 v. THOMAS A. KANASKIE, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW this 10th day of August, 2000, I hereby certify that I have served the following Interrogatories Propounded by Plaintiff to be Answered by Defendant and Plaintiffs' Request for Production of Documents Directed to Defendant on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: David J, Freed, Esq. Nealon & Gover 301 Market Street, 9th Floor Harrisburg, PA 17108 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: Dated: August 10, 2000 SHOLLENBERGER & JANUZZI, LLP 1820 L1NGLESTOWN ROAD. P.O. BOX 60545 . HARRISBURG, PA 17106-0545 (717) 234-3700. FAX (717) 234-8212 ; \. ~. ' , ',. - - - ,- . m,_, ,-~. . _ ,_ -_": '.~ " .. _ - ~ -'. ~ ~ .... SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attome s for Plaintiff ANN FEENEY-McGOVERN and EDWARD M. McGOVERN, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 00-3221 v, THOMAS A. KANASKIE, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW this ~ day of October, 2000, I hereby certify that I have served the following PLAINTIFF'S ANSWERS TO DEFENDANT'S INTERROGA TORIES and RESPONSES TO DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: David J. Freed, Esquire Nealon & Gover 2411 North Front Street Harrisburg, PA 17110 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: ~,.~ A mey I.D. #81916 Dated: o~ ~I ~ - "'-"_"~'''-C'' ,-'",. ~ - ~ - ,- .-- ANN FEENEY-MCGOVERN and : IN THE COURT OF COMMON PLEAS EDWARD M. MCGOVERN, her husband: CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. 00-3221 CIVIL TERM V. THOMAS A. KANASKIE, Defendant CIVIL ACTION - LAW : JURY TRIAL DEMANDED CERTIFICATE PREREOUISITE 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, Thomas A. Kanaskie, certifies that: 1. A Notice ofIntent to Serve Subpoenas with a copy of the Subpoenas attached thereto was mailed or delivered to each party. 2. A copy of the Notice of Intent, including the proposed Subpoenas, is attached to this Certificate. 3. Plaintiffs' counsel indicated by verbal communication on Wednesday, February 7, 2001, that he does not object to the subpoenas being served, 4. The Subpoenas which will be served are identical to the Subpoenas which are attached to the Notice ofIntent to Serve the Subpoena. DATE: 02/07/01 brHlf'riL1f7 p OJ.. '(jIf DLidi Fr~edlsq~;;; - . Atty, LD, #76622 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 Attorney for Defendant, Thomas A. Kanas/de _. ~ . 0 . ...w.~ ~- ./;-1>", ANN FEENEY-MCGOVERN and : IN THE COURT OF COMMON PLEAS EDWARD M. MCGOVERN, her husband: CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS : No. 00-3221 CIVIL TERM V. THOMAS A. KANASKIE, DEFENDANT : CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA. TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, Thomas A. Kanaskie, intends to serve Subpoenas identical to the ones that are attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the Subpoenas. If no objection is made the Subpoenas may be served. Date: 01/22/01 b{Wia~ ?Jf- David 1. F d, EsqUIre NEALON & GOVER, P.C. Atty. !.D. #76622 2411 North Front Street Harrisburg, P A 17110 (717) 232-9900 Attorney for Defendant, Thomas A. Kanaskie -' ~_l-_ - . ~""~ ...."" ANN FEENEY-MCGOVERN and EDWARD M. MCGOVERN, her husband PLAINTIFFS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 00-3221 CIVIL TERM v, THOMAS A. KANASKIE, DEFENDANT CML ACTION ~ LAW : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Robert P. Louergan 875 Poplar Church Road Suite 300 Camp Hill, P A 17011 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED at the offices of Nealon & Gover, P.C., 2411 North Front Street, Harrisburg, Pennsylvania 17110. You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the Certificate of Compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. This Subpoena was issued at the request of the following person: David J. Freed, Esquire NEALON & GOVER, P.c. 2411 North Front Street Harrisburg, PA 17110 717-232-9900 Attorney for Defendant Seal of the Court BY THE COURT: [L-iw ) 12 ~ / ~ARQ. 77JCf2/?Ju~ DATED.:..J~ ;;<(.., 2001 '-- ~~ .-...... -. EXPLANATION OF REOUIRED RECORDS TO: Robert P. Lonergan ATTENTION: RECORDS CUSTODIAN 875 Poplar Church Road Suite 300 Camp Hill, P A 17011 ANY AND ALL MEDICAL RECORDS, OFFICE NOTES, CORRESPONDENCE, MEMORANDUM, iNSURANCE FORMS, PROGRESS NOTES, REPORTS OR OTHER DOCUMENTS RELATiNG TO ANY EXAMINATION, CONSULTATION, CARE OR TREATMENT. DATES REQUESTED: SUBJECT: SOCIAL SECURITY #: DATE OF BIRTH: Up to and Including the Present Ann Feeney-McGovern 202-42-6221 09/23/52 - - ~~" _~ _ ~_~W ''''"''' ;- ANN FEENEY-MCGOVERN and EDWARD M. MCGOVERN, her husband PLAINTIFFS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : No. 00-3221 CIVIL TERM V. THOMAS A. KANASKIE, DEFENDANT : CIVIL ACTION - LAW : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: David B. Smith, D.C. 1315 North Mountain Road Harrisburg, P A 17112 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following docwnents or things: SEE ATTACHED at the offices of Nealon & Gover, P.C., 2411 North Front Street, Harrisburg, Pennsylvania 17110. You may deliver or mail legible copies of the docwnents or produce things requested by this Subpoena, together with the Certificate of Compliance, to the party making this request at the address listed above, You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. This Subpoena was issued at the request of the following person: David J. Freed, Esquire NEALON & GOVER, P.C. 2411 North Front Street Harrisburg, PA 17110 717-232-9900 Attorney for Defendant Seal of the Court BY THE COURT: (L~)?~ PROTHONOTARY . ~Q.~~O~ DATED: .... )dA' ') ::JL :lOD J ( - - - I.,-.~n< EXPLANATION OF REOIDRED RECORDS TO: David B. Smith, D.C. ATTENTION: RECORDS CUSTODIAN 1315 North Mountain Road Harrisburg, PA 17112 ANY AND ALL MEDICAL RECORDS, OFFICE NOTES, CORRESPONDENCE, MEMORANDUM, INSURANCE FORMS, PROGRESS NOTES, REPORTS OR OTHER DOCUMENTS RELATING TO ANY EXAMINATION, CONSULTATION, CARE OR TREATMENT. DATES REQUESTED: SUBJECT: SOCIAL SECURITY #: DATE OF BIRTH: Up to and Including the Present Ann Feeney-McGovern 202-42-6221 09/23/52 .'. ANN FEENEY-MCGOVERN and EDWARD M. MCGOVERN, her husband PLAINTIFFS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : No. 00-3221 CML TERM V. THOMAS A. KANASKIE, DEFENDANT : CIVIL ACTION - LAW : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Good Hope Psychotherapists 1035 Mumma Road Wormleysburg, PA 17043 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED at the offices of Nealon & Gover, P.e., 2411 North Front Street, Harrisburg, Pennsylvania 17110. You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the Certificate of Compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. This Subpoena was issued at the request of the following person: David J. Freed, Esquire NEALON & GOVER, P.C. 2411 North Front Street Harrisburg,PA 17110 717-232-9900 Attorney for Defendant BY THE COURT: DATED:, )~ ') d~ d-c:ol I Seal of the Court PROTHONOTARY lJ. ~2.~~~ - '-- -'. . , ~"'~ EXPLANATION OF REOUlRED RECORDS TO: Good Hope Psychotherapists ATTENTION: RECORDS CUSTODIAN 1035 Mumma Road Wormleysburg, PA 17043 ANY AND ALL MEDICAL RECORDS, OFFICE NOTES, CORRESPONDENCE, MEMORANDUM, INSURANCE FORMS, PROGRESS NOTES, REPORTS OR OTHER DOCUMENTS RELATING TO ANY EXAMINATION, CONSULTATION, CARE OR TREATMENT. DATES REQUESTED: SUBJECT: ' SOCIAL SECURITY #: DATE OF BIRTH: Up to and Including the Present Ann Feeney-McGovern 202-42-6221 09/23/52 - , . ~"~ - - b.4 1&." ANN FEENEY-MCGOVERN and EDWARD M. MCGOVERN, her husband PLAINTIFFS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA , : No. 00-3221 CML TERM V. THOMAS A. KANASKIE, DEFENDANT : CML ACTION - LAW : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Jason J. Litton, M.D. 875 Poplar Church Road Suite 300 Camp Hill, PA 17011 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED at the offices of Nealon & Gover, P.C., 2411 North Front Street, Harrisburg, Pennsylvania 17110. You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the Certificate of Compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. This Subpoena was issued at the request of the following person: David J. Freed, Esquire NEALON & GOVER, P.C. 2411 North Front Street Harrisburg, PA 17110 717-232-9900 Attorney for Defendant BY THE COURT: DATED:. )~) de... d..bof - ~ Seal of the Court PROTHONOTARY :':\ ~t?~ /1 s;:' C-yj;)~~ ~ ~ i])~ '- . - ~ ~ . "'........'-" EXPLANATION OF REOUIRED RECORDS TO: Jason J. Litton, M.D. ATTENTION: RECORDS CUSTODIAN 875 Poplar Church Road Snite 300 Camp Hill, P A 17011 ANY AND ALL MEDICAL RECORDS, OFFICE NOTES, CORRESPONDENCE, MEMORANDUM, INSURANCE FORMS, PROGRESS NOTES, REPORTS OR OTHER DOCUMENTS RELATING TO ANY EXAMINATION, CONSULTATION, CARE OR TREATMENT. DATES REQUESTED: SUBJECT: SOCIAL SECURITY #: DATE OF BIRTH: Up to and Including the Present Ann Feeney-McGovern 202-42-6221 09/23/52 ,~,,- . I' " , "" '"""""""" ANN FEENEY-MCGOVERN and EDWARD M. MCGOVERN, her husband PLAINTIFFS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 00-3221 CIVIL TERM V. THOMAS A. KANASKIE, DEFENDANT : CIVIL ACTION - LAW : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: John M. Rychak, M.D. 2800 Green Street Harrisburg, PA 17110 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following docuiIlents or things: SEE ATTACHED at the offices of Nealon & Gover, P.C., 2411 North Front Street, Harrisburg, Pennsylvania 17110, You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the Certificate of Compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. This Subpoena was issued at the request of the following person: David J. Freed, Esquire NEALON & GOVER, P.C. 2411 North Front Street Harrisburg, PA 17110 717-232-9900 Attorney for Defendant BY THE COURT: Seal of the Court (L.-i-~ -' k'<~ PROTHONOTARY . .=[\. ~t! rr;~~ DATED\.... ),;J...I ') ::)(.. ';)OC>( , _" I . EXPLANATION OF REOUIRED RECORDS TO: John M. Rychak, M.D. ATTENTION: RECORDS CUSTODIAN 2800 Green Street I1arrisburg,Pi\ 17110 .. .~..... . -""",. - ANY AND ALL MEDICAL RECORDS, OFFICE NOTES, CORRESPONDENCE, MEMORANDUM, INSURANCE FORMS, PROGRESS NOTES, REPORTS OR OTHER DOCUMENTS RELATING TO ANY EXAMINATION, CONSULTATION, CARE OR TREATMENT, DATES REQUESTED: SUBJECT: SOCIAL SECURITY #: DATE OF BIRTII: Up to and Including the Present Ann Feeney-McGovern 202..42-6221 09/23/52 i<.-Jl _ 6_~ .."~~ -~"W" ANN FEENEY-MCGOVERN and EDWARD M. MCGOVERN, her husband PLAINTIFFS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : No. 00-3221 CML TERM V. THOMAS A. KANASKIE, DEFENDANT : CIVIL ACTION - LAW : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Devonshire Family Health Center A.J. Papandrea, Jr., M.D, 4300 Devonshire Road Harrisburg, PA 17109 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED at the offices of Nealon & Gover, P.c., 2411 North Front Street, Harrisburg, Pennsylvania 17110. You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the Certificate of Compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. This Subpoena was issued at the request of the following person: David J. Freed, Esquire NEALON & GOVER, P.C. 2411 North Front Street Harrisburg, PA 17110 717-232-9900 Attorney for Defendant Seal of the Court BY THE COURT: /1;~) 7<.6 OTHONOTARY , . r ~ /ZO~ _ P C;n;;r))/2-G.J , V~ DATED: .J~) ;,2(~. ;)coj '-. .,...., ,~ ,'-." .,j -~,~ ""'~1;,lJ EXPLANATION OF REOUlRED RECORDS TO: Devonshire Family Health Center A.J. Papandrea, Jr., M.D. ATTENTION: RECORDS CUSTODIAN 4300 Devonshire Road Harrisburg, PA 17109 ANY AND ALL MEDICAL RECORDS, OFFICE NOTES, CORRESPONDENCE, MEMORANDUM, INSURANCE FORMS, PROGRESS NOTES, REPORTS OR OTHER DOCUMENTS RELATING TO ANY EXAMINATION, CONSULTATION, CARE OR TREATMENT. DATES REQUESTED: SUBJECT: SOCIAL SECURITY #: DATE OF BIRTH: Up to and Including the Present Ann Feeney-McGovern 202-42-6221 09/23/52 ---- ~ - ' ~ au......... -la'n.oJ,,', ANN FEENEY"MCGOVERN and EDWARD M. MCGOVERN, her husband PLAINTIFFS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 00-3221 CIVIL TERM V. THOMAS A. KANASKlE, DEFENDANT CIVIL ACTION - LAW : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR TIDNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Center for Spine & Sports Rehabilitation J. Joseph Danyo, M.D. 2901 Pleasant Valley Road York, PA 17042 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED at the offices of Nealon & Gover, P.c., 2411 North Front Street, Harrisburg, Pennsylvania 17110. You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the Certificate of Compliance, to the party making this request at the address listed above, You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. This Subpoena was issued at the request of the following person: David J. Freed, Esquire NEALON & GOVER, P.C. 2411 North Front Street Harrisburg, PA 17110 717-232-9900 Attorney for Defendant Seal of the Court BY THE COURT: pO~t~Ai~~_ ) '- /:2,;_ /7 Y , ~ DATED:.... );:;, ') ::)(.. ;ZCO/ , ~~-~ ~~ - "1k" EXPLANATION OF REOUIRED RECORDS TO: Center for Spine & Sports Rehabilitation J. Joseph Danyo, M.D. ATTENTION: RECORDS CUSTODIAN 2901 Pleasant Valley Road York, PA 17042 ANY AND ALL MEDICAL RECORDS, OFFICE NOTES, CORRESPONDENCE, MEMORANDUM, INSURANCE FORMS, PROGRESS NOTES, REPORTS OR OTIffiR DOCUMENTS RELATING TO ANY EXAMINATION, CONSULTATION, CARE OR TREATMENT. DATES REQUESTED: SUBJECT: SOCIAL SECURITY #: DATE OF BIRTH: Up to and Including the Present Ann Feeney-McGovern 202-42-6221 09/23/52 -' ""' ~"'~ "'" ANN FEENEY-MCGOVERN and EDWARD M. MCGOVERN, her husband PLAINTIFFS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 00-3221 CIVIL TERM v, THOMAS A. KANASKIE, DEFENDANT CIVIL ACTION - LAW : JURY TRIA.L DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR TIDNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Duke University Medical Center Box 3016 Durham, NC 27710 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED at the offices of Nealon & Gover, P,c., 2411 North Front Street, Harrisburg, Pennsylvania 17110, You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the Certificate of Compliance, to the party making this request at the address listed above. You have the right to seek in advance the. reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. This Subpoena was issued at the request of the following person: David J. Freed, Esquire NEALON & GOVER, P.C. 2411 North Front Street Harrisburg, PA 17110 717-232-9900 Attorney for Defendant BY THE COURT: Seal of the Court DATED:... JdA) ;)L ;)...co/ , """""'" ....~- - ~. _J,"" . ~."' EXPLANATION OF REOUlRED RECORDS TO: Duke University Medical Center ATTENTION: RECORDS CUSTODIAN Box 3016 Durham, NC 27710 ANY AND ALL MEDICAL RECORDS, OFFICE NOTES, CORRESPONDENCE, MEMORANDUM, INSURANCE FORMS, PROGRESS NOTES, REPORTS OR OTHER DOCUMENTS RELATING TO ANY EXAMINATION, CONSULTATION, CARE OR TREATMENT. DATES REQUESTED: SUBJECT: SOCIAL SECURITY #: DATE OF BIRTH: Up to and Inclnding the Present Ann Feeney-McGovern 202-42-6221 09/23/52 ~- -" ,,;.. ",- CERTIFICATE OF SERVICE AND NOW, this 7th day of February, 2001, I hereby certify that I have served the foregoing Certificate Prequisite to Service of a Subpoena Pursuant to Rule 4009,22 on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Ron S. Chima, Esquire SHOLLENBERGER & JANUZZI, LLP 1820 Ling1estown Road P.O, Box 60545 Harrisburg, PA 17106-0545 ~~&j: ,--.. ,',"".,'<- 'r '".'"_.-,, co ~".~" .,-----"--.."",.,--..~.~',,'-" ,-- '~,',-": ~ ; , . t . 1 ANN FEENEY-MCGOVERN and EDWARD M. MCGOVERN, her husband Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No, 00-3221 CIVIL TERM V. THOMAS A. KANASKIE, Defendant CIVIL ACTION - LAW : JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this J'~ day of -J~,. ,2002, the Petition to Enforce Settlement having been read and considered, a Rule is issued upon the Plaintiff to show cause why the court should not grant the relief requested in said Petition. This Rule is returnable with dO days from service and hearing necessary in this matter will be held on / fJ U,day of /nit Il..t..A ,2002, in Courtroom r mON"bP.Y @J / /: at) 1'\. m. No...:J of the Cumberland County Courthouse. A'\\-" .3holk.fte.f5d ~'J ~\\\ ? uv./Ad 1:.. C:U.'P!d J. / L~ -rn;JJ OI-30~O; ( RXs ,-;.,'- ,~._~. '. ~"- / '~" - ';:;.'~~ ~ "-'>"'''''''IIiiiiJiIj- , . VlNVi\lASNN:Jd \1'.'nr):l n','\-IlLpPf^'n" I l~ ... \..c " " ,c,,,J.-,.J'f, V 02 :8 ~id OS IJUf' 20 AbV10i'~l<-~,i ,J _' :. :10 _o;.,,~ _ ;',.'-k"l '. . ." ~--'<-"' ~-- ." ... ~ '."~ - . . ~ . ,-, ~h_,~_h'~~. "',~' CO' " --'--:'.,.. , . ' . . , . , ANN FEENEY-MCGOVERN and EDWARD M. MCGOVERN, her husband Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No, 00-3221 CIVIL TERM V. THOMAS A. KANASKIE, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this day of , 2002, upon consideration of the within Petition to Enforce Settlement, it is hereby ORDERED and DECREED that such Petition is granted. The parties are directed to immediately begin to take the steps necessary to fulfill their respective obligation under the terms of the settlement agreement and Plaintiff will execute a release. Plaintiff is further ordered to pay Defendant's attorneys fees for the preparation of this petition and associated litigation. BY THE COURT: J. N '" - ~_." _ "'~, _" "n.,. '-,;_ u.fJ , f , ANN FEENEY-MCGOVERN and EDWARD M. MCGOVERN, her husband Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 00-3221 CIVIL TERM V. THOMAS A. KANASKIE, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PETITION TO ENFORCE SETTLEMENT AND NOW, comes the Petitioner, Thomas Kanaskie, by and through his attorneys, Nealon & Gover, P.C., and requests this Honorable Court to enter a Rule enforcing a settlement agreement entered into between the parties, in support thereof avers the following: 1. This civil action arose out of an automobile accident that occurred on June 11, 1998 at approximately 4:20 p.m. at or near Corporate Way, Enola, Cumberland County, Pennsylvania. 2. On August 20, 2001, Timothy Shollenberger, Plaintiffs attorney, indicated that he would discuss the $1,500.00 offer to settle this matter with his client. See Exhibit "A" which is herein incorporated by reference. 3. On October 15, 2001, Timothy Shollenberger, Plaintiff's attorney, indicated that his clients were willing to accept the $1,500.00 offer. 4. On October 17, 2001, Plaintiff's attorney, faxed correspondence to my attention indicating that he had drafted a release and if that release was satisfactory, he -"'- T , , would forward it to his client for their signatures. Please see attached as Exhibit "8" fax dated October 17, 2001 herein incorporated by reference. 5. On October 17, 2001, a check in the amount of $1 ,500.00 was issued to Ann McGovern for final settlement of any and all claims arising from bodily injury caused by accident on June 11, 1998. The settlement check required the signature of both Plaintiff and Plaintiff's attorney. Please see settlement check dated October 17, 2001, attached hereto as Exhibit "C" and incorporated herein by reference. 6. On October 18, 2001, Petitioner sent the settlement check as well as a Praecipe to mark this case satisfied to Plaintiff's attorney. Please see attached hereto as Exhibit "D" correspondence dated October 18, 2001 incorporated herein by reference. 7. On October 24,2001, the check that required the signature of both the Plaintiff and Plaintiff's attorney was cashed. 8. On January 18, 2002, correspondence from Plaintiff's attorney to Petitioner indicated that his client now refuses to sign the release. Please see attached hereto and incorporated herein Exhibit "E." WHEREFORE, Petitioner respectfully requests this Honorable Court to issue an Order enforcing the settlement entered into between the parties, and to order the Plaintiff to pay Defendant's attorneys' fees for the preparation of this petition and associated litigation, , t I ~ 1.-/ " 2--- Date: ~ v",'>' ~ .0070". . "., _ ",. ..;. .', ' .', '-"'_,_~, '-.'0-." _>', "" _" " ^'_', Respectfully submitted, NEALON & GOVER, P.C. Brian N. Zulli, E uire Attorney 1.0. No. 85948 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 l~' i" " ~ '~-' -~, SHOLLENBERGER & JANUZZI, LLP 1820 LINGLESTOWN ROAD P. O. BOX 60545 TIMOTHY A. SHOLLENBERGER KARL J. jANUZZI HARRISBURG, PA, 17106-0545 Writer's Direct E-mail -tas<!ilshollianiaw.com (717) 234-3700 FAX (717) 234-82t2 August 20, 2001 with offices in Eli1abethville (71 7) 362-4472 Wilkes-Barre (570) 822-0711 Brian N. Zulli, Esquire NEALON & GOVER 2411 North Front Street Harrisburg, PA 17110 Re: McGovern v. Kanaskie Dear Mr. Zulli: Your letter of July 31,2001 is acknowledged. Ron has left our firm. I will be taking over the handling of this file. I ask for your indulgence unti!l can meet with the client, get myself up to speed and then if I think the case is ready to be listed for trial, I will let you know. I will discuss the offer of $1 ,500 with my client and get back in touch with you after I have done 50. I have an appointment to speak with her next week. Thank you for your kind consideration of the above. TAS:sks cc: Ann McGovern ITI .11... ClED.V11TI AUG 2 4 2001 U ~ ."~ ~, .~"",._ _._c ~~ ~ -, lin;" SHOLLENBERGER & ]ANUZZI, LLP 1820 LINOLESTOWN ROAD P. O. BOX 60545 HARRISBURG, PA. 17106-0545 Writer's Direct E-mail-lasllilshoilianlaw.com (717) 234.3700 FAX (717) Z3+52tz T1MonlY A. SHOLLENBERGER KARL J, JANUZZl October 17, 2001 with om"" in ElizabethviUe (717) 362-447Z Wilkes-Batte (570) 822.Q711 Via fax only [236-9119] Brian N, Zulli, Esq. Nealon & Gover :2411 North Front Street Harrisburg, Pa. 17110 Re: Our Client: Allstate Insured: Claim No.: Date of Loss: Ann Feeney.McGovern Thomas A. Kanaskie 1553161744 B19 6111198 Dear Mr. Zulli: Enclosed please find a proposed Release in the above-captioned. file, Please review and call or fax my office that it is okay and I will forward the release to my client for signature. Thank you. "fAS:ce Enclosure 'W>d"" - "" i -";. . 18C212UI0.2_0Q-l 0 "'[g~ ~ ~~Z:; ~ mI ~ ~. . ;Ilm ~ ~ t!.l ......!>!> rIi.l 0 DJ>"i1J>-! ~ .>~,~ ~ g.~ Z ~ 6 ~:~'d':-..a '-' (l"; J> ,-, 3: 3/<,~e_ -i wHr~~ $1,Q <$-_ Z. i11 Z ~.. :;fJ m ^/ :-:5'tIJ,. 0 Z Q t.J'J G:l gH tJa'IOiiir" fi5 -i" ~ ~ !> iI1 il ~it" 0;0: .m;::: A:! ~ : ze: 20 rA:lJ> z ft':.',.,; '0 3: M Z Z _ -..: if.' ~ C .3: 1> \iii ^ ' ^:{!V 0.. 00 PI U) -~,v;-~-::__-:::~~,_, 0 Z ^ ":j;l :i~;~; ~ ~ ;. ~ Z .....2> o ZZ :::0 -L.-< rr! c: o ;:oj) -<:Z .'; :1 ",j .. -<l OJ ru -<l 1i 1Il C r 'li z OJ 5'l .- " " = m '''' m z .. ;;I 0 0 ~ [1"'1,=1 I .- Z -< .- I " .- m m n.J I -..:l~ OJ 0 '..' " I OJ.~ 'I "~ ~ UJ:!! io; < n.J m 0 .D ~ ~ '" .D~ .D~ m ro ~ -< 0 m 0 ~ ...,]'00 1Il'" J> r r (..>') ,. [;;-..J -<Do> ~ru z-..J ~ L.I'J:f" ~ ~:~;l~;; 1> l>'S:: 'lLJ .'; Z ~ ~ ~_.- ~ ~; Z lTl :t> 35 '~': :;. ;:: 0 mi\i o ~ ~ '" ,. ~ ~ r ~-J m m -i J> -i f1'i (") o 3: "'t! .$" Z -< o ~ ~ r to n J>!> c:r 01 r !'11 on r- wi> -(I-! 3: (!) r !> '" m ..';1> :;l:: F '~, :i z > (J..:o en ~ t..,) ~ m '-'ilIA ..,,,.~4,J ~ ~~-""- " ... ... ~ :+ m ... -f-'o .trJ .::g ~~ .<,' t...) 0 ~ v.J 0 " 0)> ! co 0 r ~~ t..,) en 'J Q iT::I....c, t, ~~ W en z .l> z a~ (1-. ::, 0 c Z " '" tll '" " (.;) 0 m . OJ Q W " -:l' .t.~; ~;~{::::':~; ~ .l> ...;,." ~ CO ....-d" <I> 0 ~ ~ 0 1-4 m til " .... en CJ'l >: ^ r W ;;: 0 1-4 Z " ()o. C m 1-4 " " ~ '" " ". rEEM.DNll . lQ2~s~Zv' '1 .-, ~. , L ~ilI,,*~.~-- .,...., ~. 2411 NolU1l FRONT STREET HARRisBURG, PA 17110 TELEPHONE (717) 232-9900 FACSIMILE (717) 236-9119 Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 1820 Linglestown Road Harrisburg, PA 17106-0545 RE: McGovern v. Kanaskie Docket No. 00-3221 Dear Tim: October 18, 2001 BRIAN N. ZULLI bzttlli@nea1on-gover.com Please find enclosed a Praecipe to mark the case satisfied as well as the settlement check. If you have any questions or concerns in regards to this matter, please feel free to contact me at any time, BNZless Enclosures Very truly yours, Btflfflt NEALON & GOVER, P,C. -- - ~ -, - . ~~-~ ".....~""" . ~\ " , , . ANN FEENEY.MCGOVERN and EDWARD M. MCGOVERN, her husband Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 00-3221 CIVIL TERM V. THOMAS A. KANASKIE, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned matter settled, satisfied and discontinued. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: Timothy A. Shollenberger, Esquire Attorney),O. No, 1820 Linglestown Road Harrisburg, PA 17106-0545 (717) 234-3700 Date: " ~~ --..;.,.~ ~~'1Il -"I . . I . . . . SHOLLENBERGER & JANUZZI, LLP TIMOTHY A. SHOLLENBERGER KARL J. JANUZZI 1820 LINOLESTOWN ROAD P. O. BOX 60545 HARRISBURG, PA, 17106-0545 Writer's Direct E-mail -tas@shollianlaw.com (717) 234-3700 FAX (717) 234-8212 January 18, 2002 with offices in E1izabethville (717) 362-4472 Wilkes-Barre (570) 822-0711 Brain N, Zulli, Esquire NEALON & GOVER, P.C. 2411 North Front Street Harrisburg, PA 17110 Re: McGovern v. Kanaskie Dear Brian: My client has advised me that she will not sign the release. I am filing a Petition to Withdraw as her counsel. You will receive a copy of the Petition once it is filed and the Order or Rule signed by the Judge. I have asked for a stay of the proceedings to afford her an opportunity to secure other counsel. _..---~' TAS:sks cc: Ann McGovern '- -. -~ --, ;-- -.'-, .' ,- """~ 'I ,. ~. _ . .. j . ... ,III .. CERTIFICATE OF SERVICE AND NOW, this 22nd day of January 2002, I hereby certify that I have served the foregoing Petition to Enforce Settlement on the following via United States Mail, postage prepaid, addressed to: Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road Harrisburg, PA 17106-0545 . - -~ c I oj" " ,,- 0' '~'_'~""'o".,-,o . ~ ". '. '-' ....~ ,-- .\--,- " _ _ __.~_, oj "" " . (') f;: ..,.~ -"-.. l~;' !;_?i'f'] ~. ' 2'~ ;B:- {':5 c: >' ::3 , .. <:'- (...J . -, ., o I',.) o -,.. , ~.. '- ....--- :-.;::1 ,--~ ;:,7] :~8F7 (--~ r ~_':;C:; _1- I ~ri~~{ <:i :'0 -.:;: f\) G.' CJ :"7:t: - .. , ., '''-' -, ".~, -'~ ___ __, '""~_",,""~_".,<i:,, . ,',.' -' . . ANN FEENEY-MCGOVERN and EDWARD M. MCGOVERN, her husband Plaintiffs V. THOMAS A. KANASKIE, Defendant TO THE PROTHONOTARY: _J" .-,"-,,-~_,_' ;..~ ",-<;.,-- ',,~h~,;; _ , --- ,---- -,-,,' ""-" ..,,;,' ,. . ''', ~, ,-.,-, _ '-'-<'''',;;-"~;;;;'';;,k.'.'' -,' . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 00-3221 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE Please mark the above-captioned matter settled, satisfied and discontinued. Date: 1- ;;,cJ-6C).. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: Ti Arney I.D No. 3l.{ '3 Lf '3 1820 Linglestown Road Harrisburg, PA 17106-0545 (717) 234-3700 ... .~~ SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiff ANN FEENEY-MCGOVERN and EDWARD IN THE COURT OF COMMON PLEAS M. MCGOVERN, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO.00-3221 THOMAS A. KANASKIE, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED ,>,;", ,.,'.' ":'",,,,' '/.',<j",,,,,,,---, ..l.~~~,~,~f'IJ~~II!ilifj~:~~,9.~, . ">:''1>>( :Ji">,,:';;!;);,,"" AND NOW this 29th day of January 2002, I 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: Brian N. Zulli, Esq. Nealon & Gover 2411 North Front Street Harrisburg, Pa. 17110 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Attorneys for Plaintiffs By: /. ' Wtr/~ imothy A. Shollenberger, Esq, Attorney 1.0. #34343 Dated: January 29, 2002 ~, f'"",,-"1IiililIlliI!iI lIifl - ~-, _.... Bi ~, -,' .;~ ~,~{..;.' " ,-" ,- , ,,~~ . ~,' n" . --.. 0 0 0 C t'V --,-j s: L I vr--.-) i:;-... rn[:~ ~',;.e: F-: :z: :t-~, Z ;~:: (",) -;~; ~'lj (fJ - CJ -< () C) G2C,: " ..~- " 2;:0 :fJ: ~~~ (~~; ~-CJ ry ;'"'--;.-11 >c ,"_,..I Z ;'0 ~ ~ ::0 m -<