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HomeMy WebLinkAbout02-6161 IRVIN M. SHAFFER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA C iv/ I ~ I e.. (,- I\-- Plaintiff NO. 0 '). - ~ I ft; I VS. HARRY M. BRUNER, Defendant CIVIL ACTION - LAW PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons in the above-captioned matter and against the following Defendant: Harry M. Bruner 15 Annendale Drive Carlisle, PA 17013 WEIGLE & ASSOCIATES, P.c. Dated: /')"/:;;l 71{~ .). lRUE Ct.)?)' ~":' I~ TzU""1o~'r..~'>:"'.~.":H " . ,_. '''';' ','-.,: .~:/: - ~ "...-.... ,'. ,...._,~.__..- ';<1 :~,._.._..~.... '~''-~~' '..~ '. ,: ' __ ~ _~ _~.._.____.w~'_ _,,"C' ,.._--' /(.../.'-1. .____~ By: Richard L. Webber, Jr., Attorney for Plaintiff Attorney LD, #49634 126 East King Street Shippensburg, PA 17257 Telephone (717) 532-7388 _ ~__....._.."Y WEIGLE & ASSOCIATES. F'c. - ATTORNEYS AT LAW - 126 EAST KING STREET _ SHIPPENSBURG. PA 17257-1397 ~ ~ ~\\ ~ ....... -..... L.1 ~ l..l -t'l ^ tl (/., v '.l ' \ -.t\ ~ o ~.. ;:gc' z[:~ 0~,~: 1;'~~.-" ~:--.. c , 5 C", <:; ::J , o ~ f2tT :.:::>: ~- (J) _.r -,' ~~~; >S~: ;;;,.-" ..:.:j -<. ::::J '("1 '-~) ;'-;) (~"--, .~-. =~": r~~ i.D r.,) :"1 ~ c- ~ f:-~ ~~~ -, r~ ........... .0 C:J ,-'-1 ::.'") \'.) ..--1 -r~ . , eN t;:"' Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS IRVIN M. SHAFFER Plaintiff Court of Common Pleas Vs, HARRY M. BRUNER Defendant No. 02-6161 In CivilAction- Law To HARRY M. BRUNER You are hereby notified that IRVIN M. SHAFFER the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you, (SEAL) CURTIS R. LONG Prothonotary Date 12/28/02 BY1"o:~ 1Y\n...~ Deputy Attorney: Name: RICHARD L. WEBBER, JR Address: 126 EAST KING STREET SHIPPENSBURG, P A 17257 Attorney for: Plaintiff Telephone: (717) 532-7388 Supreme Court ill No. 49634 SHERIFF'S RETURN - REGULAR CASE NO: 2002-06161 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHAFFER IRVIN M VS BRUNER HARRY M 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 BRUNER HARRY M the DEFENDANT , at 1450:00 HOURS, on the 8th day of January , 2003 at 15 ANNENDALE DRIVE CARLISLE, PA 17013 by handing to HARRY M BRUNER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.45 .00 10.00 .00 31.45 r;C'"rp;/ ~ . ...~::.""".",,~"- .~-,-- . ~_.~-. , .-.,~".. ~ R. Thomas Kline ' 01/09/2003 WEIGLE & ASSOCIATES Sworn and Subscribed to before By: ~5;':;L/ Deputy Sheriff me this /31f day of (fAA"""') .J (1-03 A. D. ( i,}''[-L- 0 nvQC".,/ "'~ Up othonotary , '/ Johnson, Duffie, Stewart & Weidner By: John 1. Ninosky, Esquire LD. No. 78000 301 Market Street p, O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant Attorneys for Defendant, Mi1-Fab, Inc, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM NO: 02-6161 JURY TRIAL DEMANDED IRVIN W. SHAFFER, Plaintiff v. HARRY. BRUNER, PRAECIPE TO THE PROTHONOTARY: PLEASE order the Plaintiff to file a Complaint in the above-c~lptioned matter. DATE: tSh /01 JOHNSO ,DUFFIE, STEWART & WEIDNER By 0 n R. Ni~~~ I.D. #: 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defe,ndant RULE TO: Richard L. Webber, Jr., Esquire, 126 E. King Street, Shippensburg, PA 17257, Attorney for Plaintiff and Irvin M. Shaffer, Plaintiff: And now, this'i!....~ay of (f6i: )AAt{ you are hereby notified to file a Complaint within twenty (20) days of service in the above-captione matter or a default judgment will entered against you. ~~. rot ono ary .::I~ :228037.1 (') ~; -~, "^"" !:ti!~r ~._,. --', d~ , ~~j ", r':" Is c L-': ~ \, ~ = ..,.. 'i? ~ ~::n ~~ _'E....; C.):!J :;'_'7'('") dn1 ~ ~D -< Si! -< I .s:- -0 ~ ~ ~ IRVIN M. SHAFFER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM Plaintiff VS. NO. 02-6161 HARRY M. BRUNER, Defendant JJURY 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 dlays 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 judgement may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff, You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 117013 Telephone Number (717)-2:49-3166 Toll Free (in Pa) 1-800-990-9108 Page I of 5 Pages WEIGLE & ASSOCIATES. P.c. _ ATTORNEYS AT LAW - 126 EAST KING STREET - SH1PPENSBURG, PA 17257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA CIVIL TERM IRVIN M. SHAFFER, Plaintiff NO. 02-6161 VS. HARRY M. BRUNER, Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW comes the Plaintiff, Irvin M. Shaffer, by and through his attorney, Richard L. Webber, Jr., Esquire, and files this Complaint, averring the following: 1. Plaintiff is Irvin M. Shaffer, an adult individual residing at 355 Steelstown Road, Newville, Cumberland County, Pennsylvania 17241, 2. Defendant is Harry M. Bruner, an adult individual residing at 15 Annendale Drive, Carlisle, Cumberland County, pennsylvania 17013. 3. On or about December 29, 2000, Plaintiff was th,: owner of a motor vehicle insured with "full tori option" under the Pennsylvania Motor Vehicle Financial Responsibility Law, 4. On or about the aforesaid date, Defendant was the owner of a motor vehicle. 5. On the aforesaid date of approximately 1325 hours, Plaintiff was operating his vehicle in South Middleton Township, Cumberland County, pennsylvania at the intersection of Walnut Bottom Road and Sprint Drive. 6. At the aforesaid date and time, Defendant, while: operating his motor vehicle, failed to stop at a red light traffic signal located at said intersection. 7. As a result of Defendant's failure to stop at the red light, Defendant's vehicle crashed Plaintiffs vehicle, 8. The crash was directly and proximately caused by the carelessness and negligence of Defendant, which consisted of the following: a. failure to stop at the red light; b. operating his motor vehicle in a careless, reckless, and negligent manner; Page 2 of 5 Pages WEIGLE & ASSOCIATES, pc. _ ATTORNEVS AT LAW - 126 EAST KING STREET - SHIPPEN5BURG. PA 17257-1397 c. operating his motor vehicle without due regard to the rights, safety, and position of Plaintiff; d. failing to have his motor vehicle under the proper control so as to prevent this vehicle from striking the Plaintiff; e. failing to keep a proper lookout; f. failing to use due care under the circumstances;, g. failing to notice the Plaintiff's vehicle; h. failing to yield the right-of-way; 1. failing to take evasive action in order to avoid i.mpacting the Plaintiff's vehicle; j. failing to apply his brakes in sufficient time to avoid striking the Plaintiffs vehicle; k. operating his vehicle at an excessive rate of speed under the circumstances; 1. not having his vehicle under the proper control so as to stop said vehicle within the assured clear distance ahead; and m. failure to comply with the provisions of the Pennsyvania Motor Vehicle Code, 9. At all times relevant hereto, Plaintiff acted with due care and was not contributorily negligent. 10. As a result of Defendant's negligence, Plaintiff suffer,ed injuries to his head, neck, shoulder, spine and chest. II. As a result of Defendant's negligence, Plaintiff has incurred, and in the future will incur expenses for medical treatment in an amount not yet ascertained. 12. As a result of Defendant's negligence, Plaintiff has incurred and in the future may incur lost net wages and income in an amount not yet ascertained. 13. As a result of Defendant's negligence, Plaintiff has incurred and will incur other financial losses. 14. As a result of Defendant's negligence, Plaintiff has incurred injuries that have caused and will continue to cause him great pain and suffering, mental anxiety, nervousness, Page 3 of 5 Pages WEIGLE & ASSOCIATES, Pc. _ ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 embarrassment and humiliation, and impairment of bodily function, all to his detriment and loss. IS. Plaintiff has suffered and will continue to suffer an interruption of his daily habits and pursuits to his great and permanent detriment and loss, resulting from Defendant's negligence. 16. The amount claimed by Plaintiff exceeds the jurisdictional amount for compulsory arbitration. WHEREFORE, Plaintiff demands judgment against Defendant for a sum in excess of $25,000.00 plus costs and other appropriate relief, WEIGLE & ASSOCIATES, P,C. By: -L...:/-"1 ~ ./ Richard L. Webber, Jr., Esquire Attorney for Plaintiff Attorney I.D. No. 49634 WEIGLE & ASSOCIATES, P.C. 126 East King Street Shippensburg, P A 17257 (717) 532-7388 Page 4 of 5 Pages WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 VERIFICATION I, Richard L. Webber, Jr. an attorney for Plaintiff, do hereby verify that the facts made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. This verification is being made as no other representative of the Plaintiff is available and time is of the essence. I understand that any false statements therein are subject to the penalties contained in Title 18 of the Pennsylvania Consolidated Statutes Section 4904, relating to unsworn falsification to authorities. Date: 9(,).(0)/ By: r~ /( _ -./' /' Richard L. Webber, Jr., Esquire Attorney for Plaintiff Attorney LD, No. 49634 WEIGLE & ASSOCIATES, P.C. 126 East King Street Shippensburg, P A 17257 (717) 532-7388 Page 5 of 5 Pages WEIGLE & ASSOCIATES, pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 Johnson, Duffie, Stewart & Weidner By: John R. Ninosky, Esquire !.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant IRVIN W. SHAFFER, Plaintiff v. HARRY. BRUNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. CIVIL TERM NO: 02-6161 JURY TRIAL DEMANDED NEW MATTER NOTICE TO: Richard L. Webber, Jr., Esquire Weigle & Associates, P.C. 126 East King Street Shippensburg, PA 17257 Attorneys for Plaintiff days. You are hereby notified to plead to the following New Matter within twenty (20) DATE: crl/'1/0l( :235017.1 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER Byd~A Jet1{~- ~OSkY, Esquire 1.0. #: 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys fm Defendant Telephone: (717) 761-4540 Johnson, Duffie, Stewart & Weidner By: John R. Ninosky, Esquire J.D. No. 78000 30 I Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 AttornelYs for Defendant IRVIN W. SHAFFER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUIVIBERLAND COUNTY, PA NO. CIVIL TERM NO: 02-6161 HARRY. BRUNER, Defendant JURY TRIAL DEMANDED DEFENDANT'S ANSWER AND NEW MATTER TO PL)lIINTIFF'S COMPLAINT AND NOW, comes the Defendant, Harry Bruner, by and through his attorneys, Johnson, Duffie, Stewart & Weidner, and files the Answer with New Matter to Plaintiff's Complaint by respectfully stating the following: 1. Denied. After reasonable investigation, the Defendant is without sufficient information to form a belief as to the truth of the averments of this paragraph and the same are therefore denied and strict proof is demanded at the time of trial. 2. Admitted. 3, Denied. After reasonable investigation, the Defendant is without sufficient information to form a belief as to the truth of the averments of this paragraph and the same are therefore denied and strict proof is demanded at the time of trial. 4. Admitted. 5. Denied. The averments contained in this para!~raph contain conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained herein are denied. 6. Denied. The allegations contained in this para!graph contain conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained herein are denied. 7. Denied. The allegations contained in this para!graph contain conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained herein are denied. 8, Denied. The allegations contained in Paragraph 8, including subparagraphs (a) through (m), are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 9. Denied. The allegations contained in this para!graph contain conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained herein are denied. 10. Denied. The averments of this paragraph are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 11. Denied. The averments of this paragraph are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 12. Denied. The averments of this paragraph are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 13. Denied. The averments of this paragraph are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 14. Denied. The averments of this paragraph are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 15. Denied. The averments of this paragraph are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 16. Denied. The averments of this paragraph are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). WHEREFORE, the Defendant respectfully requests that Plaintiffs Complaint be dismissed, and that judgment be entered in favor of Defendant. NEW MATTER 17. That Plaintiffs Complaint fails to state a claim upon which relief may be granted. 18. That the Plaintiff's alleged injuries and damageis were not caused by any acts, omissions or breaches of duty by Defendant. 19. That Plaintiffs cause of action may be limited or barred by the Limited Tort Option pursuant to 75 Pa. C.SA ~1705, et sea. 20. That the alleged injuries sustained by the Plainli'ff were not directly or proximately caused by any negligence on the part of the Defendant, with any negligence being expressly denied. 21. That any negligence on the part of the Defendant, which negligence is expressly denied, was not a substantial factor in causing the alleged injuries sustained by the Plaintiff. 22. That Plaintiffs cause of action may be barred by the Statute of Limitations. 23. That Plaintiff's claims and or alleged losses may be barred by the Doctrine of Comparative Negligence and/or contributory negligence. 24. The Plaintiff may assumed the risk of the injuries allegedly sustained. WHEREFORE, the Defendant respectfully requestsi that Plaintiffs Complaint be dismissed, and that judgment be entered in favor of Defendant. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER DATE: <1 /1'i/O~ :235009.1 B~~' John R. Ninosky, Esquire 1.0. #: 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant Telephone: (717) 761-4540 VERIFICATION I, Harry M. Bruner, have read the foregoing Answer and New Matter and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 16 Pa. C.S. ~4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 16 Pa. C.S. ~4604. ~-~~. Harry M. B(9ner DATE: :235016.1 CERTIFICATE OF SERVICE The undersigned does hereby certify that a copy of the fore,going document was served upon the other parties of record by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on "IN /ftJl.{ Richard L. Webber, Jr., Esquire 128 East King Street Shippensburg, PA 17257 Attorney for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By: /fit J, ..~L, ohn R. Ninoslk~( Attorney 1.0. No. 78000 301 Market Stl"eet P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant :228061.1 <.J C) ::..~, <-, , , -< <-> c:::) c:} ~." (.(~i o -1"1 .-1 "3.:" f\1::7_' -ocn :'JY " ~ ..... ?~~ ~f~ f:'.~t) ',-,,;-n ::; "T:-> "'") :.< "..-u (.11 {:? \..[J Johnson, Duffie, Stewart & Weidner By: John R Ninosky, Esquire I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM NO: 02-6161 JURY TRIAL DEMANDED IRVIN W. SHAFFER, v. HARRY. BRUNER, Defendant MOTION TO COMPEL AND NOW, comes the Defendant, by and through his counsl31, Johnson, Duffie, Stewart & Weidner, who files this Motion to Compel discovery by respectfully stating the following: 1. This matter arises from an automobile accident which occurred on December 29, 2000. 2. On April 29, 2004, Defendant served Interrogatories alnd a Request for Production of Documents upon Plaintiff. 3. Piaintiff did not prepare and file a response pursuant tp the Pennsylvania Rules of Civil Procedure. 4. On June 21, 2004, the undersigned counsel requested that discovery be answered as soon as possible. A copy of this correspondence is attached hereto as Exhibit "A". 8. Pennsylvania Rule of Civil Procedure 4019(a)(1)(vii) states: "The court may, on motion, make an appropriate Order if a party, in response to a request for production or inspection under Rule 400ll, fails respond that inspection will be permitted as requested, or fails to penmit inspection ,as requested." 9. Pennsylvania Rule of Civil Procedure 4019(a)(1)(viii) states: "The court may, on motion, make an appropriate Order if a party or person otherwise fails to make discovery or to obey an Order of Court respecting discovery." 1 0, Plaintiff has failed to answer Interrogatories or to pro1duce documents pursuant to the Rules of Civil Procedure. 11. Pennsylvania Rule of Civil Procedure 4019(c)(5), states: "The Court, when acting under subdivision (a) of this rule, may make such order with regard to the failure to make discovery as is just." WHEREFORE, Defendant respectfully requests that this Honorable Court enter an Order compelling Plaintiff to provide complete Answers to Interrogatories and a compl19te and full Response to the served Request for Production of Documents. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By DATE: CfP7/0'f :235606.1 JERRY R. DUFFlE RlCIWlD W. STEWART C. ROY WEIDNER. JR. EDMUND G. MYERS 1M. VlD W. DELUCE JEFFERSON J. SHIPMAN RALPH H. WRIGHT. JR. MARK C. DUFFlE JOHN R. NINOSKY MlCfUELJ. CASSIDY MEUSSA PEEL GREEVY ROBERTM. WALKER WADE D. MANLEY LAW OFFICES JOHNSON, DlJ.1flfJE, STEWART & WEIDNER A Prof.ooal Corporatio~ 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WEBSlTE.. www.jdsw.com HORACEA. JOHNSON F. LEE SHIPMAN BRUCE J. GROSSMAN' OF COUNSEL TELEPHONE 717-761-4540 FACSIMILE 717.761-J015 E-MAIL: mlll@ldlw.com $,AdmJlled in New Yorkoniy WRITER'S EXT. NO, 140 E'MAIL jrn@jdsw.com June 21, .2004 Richard L. Webber, Jr. Esquire Weigle & Associates, P.C. 126 East King Street Shippensburg, PA 17257-1397 Re: Shaffer v. Bruner Dear Mr. Webber: I previously provided an extension of time to file both your client's Complaint, and to provide discovery responses. I have been pressured to move the matter along, Therefore, please file the Complaint and respond to discovery as soon as possible. If you have any questions please do not hesitate to contact me. Very truly yours, JOHNSON, DUFFIE. STEWART & WEIDNER ~~ JRN/mem E'r(/! I bit "A /1 JERRY R DUFFIE RICJIIA1Ul W, S1llWART C. ROY WBlDNER, JR. EDMUND G, MYE1lS DAVID W. DELllCE )B\lFBIlSON J. SIIIPMAN RALPH H. WRIGHT, JR. MARK C, DUFFIE JOHN R. NINOSKY MICIIAl!L J. CAsSIDY MELISSA PEEL GRBBVY ROBERT M, W ALKBR WADE D. MANLEY LAW OFFICES JOHNSON DUFFIE OF COUNSEL HORACE A. JOHNSON F. LEE SHIPMAN BRUCE J. GROSSMAN" -admtUed in NY on Iy \VRJTER'S Ex'r. Ntl. 14/1 E. MAIL .TRNr{l~jd~w.enm August 2, 2004 Richard L. Webber, Jr., Esquire 126 East King Street Shippensburg, PA 17257 Re: Shaffer v. Bruner No. 02-6161 Cumberland County Common Pleas Dear Mr. Webber: It has been a significant amount of time since I extended an extension to file a Complaint. I would ask that you file a Complaint within the next two weeks. I would also ask that you provide discovery responses which are outstanding during the same time period. If you have any questions, please do not hesitate to contact me. Very truly yours, John R. Ninosky JRN:mem .'-," (n \D)'? .,! ' J/ l.r" '-.- 301 MARKET STREET P,O, Box 109 LEMOYNE, PENNSYLVANIA 1704).0109 WWW.jDSW.COM 717.761.4540 FAX 717.761.3015 MAIL@jDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, PC Gvhlk,f "8'1 CERTIFICATE OF SERVICE The undersigned does hereby certify that a copy of the foregoing document was served upon the other parties of record by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on r 117 /0'1 Richard L. Webber, Jr., Esquire 128 East King Street Shippensburg, PA 17257 Attorney for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By: hn R. Ninos~,~~ Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109' Telephone (7'17) 761-4540 Attorneys for Defendant :228061.1 r) - . "" ,:'::. (::',::l ~ {,n -v' f\.-) C' '" C._' 1'-' r.) IRVINW. SHAFFER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW HARRY BRUNER, Defendant NO. 02-6161 CIVIL TERJV1 ORDER OF COURT AND NOW, this 29th day of September, 2004, upon consideration of Defendant's Motion To Compel, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, ."Richard L. Webber, Jr., Esq. 128 East King Street Shippensburg, P A 17257 Attorney for Plaintiff %s 10 -0 I -0 ~I > Aohn R, Ninosky, Esq. 301 Market Street P,O, Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant :rc Vij'i"/i\; ,t ,~,:\ In,,! )J' In~:"',:': ~', _"..J,:..',' :':::;;::'^ll"'l('\ 01'1 (,)) :~":'{'_:--':':!'1j Iv 6 I :ZIl-ld 08 d3S IlllOZ 1""'('''0' '''-'''j 3'" :10 I\bv'!" Ji', iiJ.VO' ru.. 38I::1:IO-o31!::I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IRVIN M. SHAFFER, CIVIL TERM Plaintiff v. NO. O:!-6161 HARRY M. BRUNER, Defendant JURY TRIAL DEMANDED ANSWER TO NEW MATTER AND NOW comes Irvin M. Shaffer, Plaintiff in this action, by and through his attorneys, Weigle & Associates, P.C., and Richard L. Webber, Jr., and responds to Defendant Harry M. Bruner's New Matter as follows: 17. Denied. The allegations contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained herein are denied. 18. Denied. The allegations contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained herein are denied. 19. Denied. The allegations contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained herein are denied. 20. Denied. The allegations contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained herein are denied. 21. Denied. The allegations contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained herein are denied. 22. Denied. The allegations contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained herein are denied. Page 1 of 4 Pages WEIGLE & ASSOCIATES, RC. _ ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 23. Denied. The allegations contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained herein are denied, 24. Denied. The allegations contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is (leemed to be required, the averments contained herein are denied. Respectfully submitted, WEIGLE & ASSOCIATES, P.C. By: --(./' /1 < --- ./ Richard L. Webber, Jr., Esquire Attorney for Plaintiff Attorney LD. No. 49634 126 East King Street Shippensburg, P A 17257 (717) 532-7388 Page 2 of 4 Pag'" WEIGLE & ASSOCIATES. P.c. _ ATTORNEVS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 VERIFICATION I, Richard L. Webber, Jr., an attorney for Plaintiff, do hereby verify that the facts made in the foregoing Answer to New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: lolLI/Of.( By: ~ /1., ......--- ../ Richard L. Webber, Jr., Esquire Attorney for Plaintiff Attorney I.D. No. 49634 WEIGLE & ASSOCIATES, P.C. 126 East King Street Shippensburg, P A 17257 (717) 532-7388 Page 3 of 4 Pages WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW ~ 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 11- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IRVIN M. SHAFFER, CIVIL TERM Plaintiff v. NO. 02..6161 HARRY M. BRUNER, Defendant JURY llRIAL DEMANDED CERTIFICATE OF SERVICE The undersigned does hereby certify that a copy of the foregoing document was served upon the other party of record by depositing the same in the United States mail, postage prepaid, in Shippensburg, Pennsylvania on October 4, 2004, as follows: John R. Ninosky, Esquire 30 I Market Street PO Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant WEIGLE & ASSOCIATES, P.c. Date: / c:> I L(! 0 Co! By: , 'l;/' /l ../ Richard 1. Webber, Jr., Esquire Attomey for Plaintiff Attomey ID 49634 126 East King Street Shippmsburg, P A 17257 717-532-7388 Page 4 of 4 Pages WEIGLE & ASSOCIATES. RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 (-) Sc;,~ ~ , ....., e"...:::I = ..c- o C) ...., I .jC- o -0 =? '1"1 rnr"':'~ -Ofn "~JO (:.;~ (~) :-.... ~r, -..1--[1 C?(~'5 ,:,:,< rrl ~=~ "j:;.; '....) :.<: "1:) ....;". "'- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IRVIN M. SHAFFER, CIVIL TERM Plaintiff NO. 02-6161 v. HARRY M. BRUNER, Defendant JURY TRIAL DEMANDED ANSWER TO NEW MATTER AND NOW comes Irvin M. Shaffer, Plaintiff in this action, by and through his attorneys, Weigle & Associates, P.C., and Richard L. Webber, Jr., and responds to Defendant Harry M. Bruner's New Matter as follows: 17. Denied. The allegations contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained herein are denied. 18. Denied. The allegations contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained herein are denied. 19. Denied. The allegations contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is de.~med to be required, the averments contained herein are denied. 20. Denied. The allegations contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is de,emed to be required, the averments contained herein are denied. 21. Denied. The allegations contained in this paragraph (:ontain conclusions of law and fact to which no response is required. If a response is d.:emed to be required, the averments contained herein are denied. 22. Denied. The allegations contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is d,eemed to be required, the averments contained herein are denied. Page 1 of 4 Pages WEIGLE & ASSOCIATES. pc. __ ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 \. 23. Denied. The allegations contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed to be required, the avennents contained herein are denied. 24. Denied. The allegations contained in this paragraph contain conclusions of law and fact to which no response is required, If a response is deem,~d to be required, the avennents contained herein are denied. Respectfully submitted, WEIGLE & ASSOCIATES, P.C. By: ---L/' /7 ~ --- ./ Richard L. Webber, Jr., Esquire Attorney for Plaintiff Attorney l.D, No. 49634 126 East King Street Shippensburg, P A 17257 (717) 532-7388 WEIGLE & ASSOCIATES. "c. _ ATTORNEYS AT LAW - 126 EAST "'NG STREET - SHIPPENSBURG. PA 17257-1397 Page 2 of 4 Pages .\ VERIFICATION I, Richard L. Webber, Jr., an attorney for Plaintiff, do h(:reby verify that the facts made in the foregoing Answer to New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: I 0 hi 16 t.; By: /\./,/\,.~ ./ Richard L. Webber, Jr., Esquire Attorney for Plaintiff Attorney LD. No. 49634 WEIGLE & ASSOCIATES, P.C. 126 East King Street Shippensburg, P A 17257 (717) 532-7388 Page 3 of 4 Pages WEIGLE & ASSOCIATES. P.C. _ ATTORNEYS AT LAW - 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397 ,N ".E cO~"\ OF CO,.,.ON PLE.... OF cuMBE"""">> COtJNfY, .ENN""S ,Nt> CIVIL TERM- Il~VIN M.. SIlAFFER, 1'\aintiff NO. \)';~_6161 v. J\lR~[ 1'lUAL DEM.ANDED IlARR\' M.. BR\lNER. Defendant ~W.VICx.. th f . document waS served "" on'''''''''' '''' ",,,,bY ""if, "'" · "'" of ,,,,,,,om' . . , ., ." ,."" ,,, "" U",,,, S",,,, ",,", ",-' -'" upon the other party of record by epOS\ \ng in Shi"",b"'" ._""",. on 00""" 4,2004, " fOU",",' John R. NinoskY, Esquire 30\ Market Street 1'0 BoX. 109 'LeroOyne, 1'A 170'\3-0109 A.ttOrney for Defendant WEIGLE & ASSOCIA1'ES, l' .C. B'f /1 ,/ /I /'" \...,../ /-~--- Richard 'L. 'Webber, Jr., Esquire AttOrney for 1'laintiff AttOrney ID 4-9634- \26 East Ring Street Shippensburg, l' A 17257 717-532-73&& I ( I J I Lf'!:!--- Date'. ~ page 4 of 4 pages AW _ 126 lOAS~ ><'NG S~RlOlO~ - SHIPPlONSI3URG. pA _""c. p.c. _ p....CrOR.Ne:Y5 p..:T L fj; - , ' (; .~ -" .1:.- .;::- "-> t;::~ => ..,.. o ''") -; I "'- p " ~:!J r- "'r,rrrl ~~~) C:J \::-)(1.. .~if";l! (J::d E51~"? :n .....,',.~ '1,~~i :J:J .', Johnson. Duffie, Stewart & Weidner By: John R. Ninosky, Esquire I.D.No.78000 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jrn@jdsw.com Attorneys for Defendant IRVIN W. SHAFFER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Defendant NO. 02-6161 CIVIL ACTION - LAW JURY TRIAL DEMANDED HARRY BRUNER, MOTION FOR RULE ABSOLUTE AND NOW, this _ day of November, 2004, comes Defendant Harry Bruner, through his undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and moves for a Rule Absolute and orders the Plaintiff to provide full and complete answers to the discovery within twenty (20) days of the date of this Order pursuant to Pa.R.C.P. 4019 or suffer sanctions which this Court may deem appropriate, including dismissal of the action: 1. This cause of action arises from a motor vehicle accident which occurred on December 29, 2000. 2. On April 29, 2004, the Defendants served Interrogatories and Requests for Production of Documents upon the Plaintiff which have yet to be answered despite attempts by Defense counsel to resolve the issue prior to requesting relief from this Court. 3. On September 20, 2004, the Defendant filed a Motion to Compel discovery based on the Plaintiff's failure to provide complete answers and responses to the Interrogatories and Requests for Production of Documents previously served. 4. On September 29, 2004, the Honorable Jay Wesley Oler, Jr., issued a Rule to Show Cause upon the Plaintiff to show cause why the relief requested in the Defendant's Motion to Compel should not be granted. The Rule to Show Cause, dated September 29, 2004, is attached, incorporated by reference herein, and marked as Exhibit A. 5. The Rule to Show Cause was returnable within twenty (20) days of service. 6. Undersigned counsel served the Order of Court issuing the Rule to Show Cause on Plaintiff's counsel, Richard L. Webber, Jr., Esquire, via certified mail on October 5,2004. A copy of the correspondence to Richard L. Webber, Jr., Esquire, dated October 5, 2004, is attached, incorporated by reference herein, and marked as Exhibit B. 7. As of the filing of the instant motion to make the rule absolute, the Plaintiff has wholly failed to show cause why the relief requested and the Defendant's Motion to Compel, filed on September 20, 2004, should not be granted. WHEREFORE, the Defendant moves for a Rule Absolute and an Order compelling the Plaintiff to provide full and complete answers and responses to the Interrogatories and Requests for Production of Documents propounded by the Defendant within days of the date of this Order or suffer sanctions pursuant to Pa.R.C.P. 4019, including dismissal of the action. JOHNSON, DUFFIE, STEWART & WEIDNER BY~lI~ csj:238751 22740-1775 IRVIN W. SHAFFER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LA W HARRY BRUNER, Defendant NO. 02-6161 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of September, 2004, upon consideration of Defendant's Motion To Compel, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, If tf/L-, t01. ]iWesley Oler~ ( J ! ' V Richard 1. Webber, Jr., Esq. 128 East King Street Shippensburg, P A 17257 Attorney for Plaintiff John R. Ninosky, Esq. 3.cH Market Street //P.O. Box 109 / Lemoyne, PA 17043-0109 Attorney for pefendant :rc fERIlY E, DUFFIE [{lC1IAR[) W. STEWAIlT (' I'\.OY \V ElDNEK, HZ I~DN1LJ\iD (1, MYERS DAVID W DELuCE 'EFFERSO~T J SHIPMAN [{ALPH H. WIlIGHT. IR MARK C. DUFf'IE JOHN R. NINOSKY MICHAEL r CASSIDY MELiSSA PEEL GREEVY ROBEl(T M. WALKER W,IDE D. ;V1ANLEY LAW OFFICES OF COUNSEL HORACE A. JOHNSON F LEE SHIPMAN BRUCEJ,GROSSMAN^ ':'admltted In NY only OHNSON / ~UFFIE WRITER'S EXT. NO. 140 E-MAIL jrn@jdsw.com October 5, 2004 Via Certified Mail 7003 2260 0000 1265 1160 Richard L. Webber, Jr., Esquire 126 East King Street Shippensburg, PA 17257 Re: Shaffer v. Bruner No. 02-6161 Cumberland County Common Pleas Dear Mr, Webber: Enclosed please find an Order of Court issuing a Rule relative to the Motion to Compel. If you have any questions, please do not hesitate to contact me. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER John R. Ninosky JRN:mem Enclosure :236750 ~ : ..,", 1 : ! . '.: ",/ :' 1 L____',I ",' ,. U-- u 301 MARKET STREET P.O. BOX 109 LEMOYNE. PENNSYLVANIA 17043-0109 WWWJDS\,y,COM 717.761.4540 FAX 717.761.3015 MAIL@IDS\:V,COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. CERTIFICATE OF SERVICE The undersigned does hereby certify that a copy of the foregoing document was served upon the other parties of record by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on IJ /tI/()<.{ Richard L. Webber, Jr., Esquire 128 East King Street Shippensburg, PA 17257 Attorney for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By: ~~~ Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant :228061.1 (") 1"-,., 0 t:-:;) c-_ ~~ c~:; -n -,.,.. --I _..,- :r 'Tl (':-~. rn r''"'' ..,,~- m -:1 c;.J 0 ~~~ i~ -n __'..G.,. " -,. ;~ ji-n -~ I 1",) >1 .,,, , , .- :J:< :71 c.,) -( ...,.-;" () v NOV 1 7 2004 ~ Johnson, Duffie, Stewart & Weidner By: John R. Ninosky, Esquire I.D.No.78000 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jrn@jdsw.com Attomeys for Defendant Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IRVIN W. SHAFFER, v. NO. 02-6161 HARRY BRUNER, CIVIL ACTION - LAW Defendant .JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this 2.Ji.. day of ---iJ 1"l v , 2004, upon the consideration of . the Defendant's Motion to Make Rule Absolute, it is hereby ordered that the Defendant's Motion is GRANTED, and the Plaintiff is hereby ORDERED to provide full and complete answers and responses to the Interrogatories and Request for Production of Documents propounded by the Defendant within Z D days of the date of this Order, or suffer sanctions pursuant to Pa.R.C.P. 4019, including dismissal of the action. J. ,,,/, ~i ~ }, o t '<f \fIN'V!\"1,;SNN3d I llNnn'-\ r.', ',.r' .-,r.~i"'!"'Ii"'\ f',J.J. ;\~....':l'" "':-,;:-".1,0 J~ r o \ ~z lAd zz ~DN ~U6l I ~'V \ 0\ 10'U ,r)',p :1\ J I .10 t..u ~~ t" t d_V'-~ ....ru. ..J 3S\:GO-O!\\:\ ~o~ "\ 1 2004 ~ Johnson, Duffie, Stewart & Weidner By: John R. Ninosky, Esquire I.D.No.78000 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jrn@jdsw.com Attorneys for Defendant Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-6161 CIVIL ACTION - LAW JURY TRIAL DEMANDED IRVIN W. SHAFFER, Plaintiff v. HARRY BRUNER, MOTION FOR RULE ABSOLUTE AND NOW, this _ day of November, 20014, comes Defendant Harry Bruner, througr his undersigned attorneys, Johnson, Duffie, Stewart, & Weidner, and moves for a Rule Absolut and orders the Plaintiff to provide full and complete answers to the discovery within twenty (, days of the date of this Order pursuant to Pa.R.C.P. 4019 or suffer sanctions which this C may deem appropriate, including dismissal of the a.ction: 1. This cause of action arises from a motor vehicle accident which occum December 29, 2000. 2. On April 29, 2004, the Defendants served Interrogatories and Requf Production of Documents upon the Plaintiff whic;h have yet to be answered despite atte' Defense counsel to resolve the issue prior to requesting relief from this Court. 3. On September 20, 2004, the Defendant filed a Motion to Compel discovery based on the Plaintiff's failure to provide complete answers and responses to the Interrogatories and Requests for Production of Documents previously served. 4. On September 29, 2004, the Honorable Jay W1esley Oler, Jr., issued a Rule to Show Cause upon the Plaintiff to show cause why the relief requested in the Defendant's Motion to Compel should not be granted. The Rule to Show Cause, dated September 29,2004, is attached, incorporated by reference herein, and marked as Exhibit A. 5. The Rule to Show Cause was returnable within twenty (20) days of service. 6. Undersigned counsel served the Order of Court issuing the Rule to Show Cause on Plaintiff's counsel, Richard L. Webber, Jr., Esquire, via certified mail on October 5, 2004. A copy of the correspondence to Richard L. Webber, Jr., Esquire, dated October 5, 2004, is attached, incorporated by reference herein, and marked as Exhibit B. 7. As of the filing of the instant motion to make the rule absolute, the Plaintiff has wholly failed to show cause why the relief requested and thEl Defendant's Motion to Compel, filed on September 20,2004, should not be granted. WHEREFORE, the Defendant moves for a Rule Absollute and an Order compelling the Plaintiff to provide full and complete answers and responses to the Interrogatories and Requests for Production of Documents propounded by the Defendant within days of the date of this Order or suffer sanctions pursuant to Pa.R.C.P. 4019, including dismissal of the action. JOHNSON, DUFFIE, STEWART & WEIDNER ByCld.. J!,~ '~nOSkY csj:238751 22740-1775 IRVIN W. SHAFFER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LA W HARRY BRUNER, Defendant NO. 02-6161 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of September, 2004, upon consideration of Defendant's Motion To Compel, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT: Richard L. Webber, Jr., Esq. 128 East King Street Shippensburg, P A 17257 Attorney for Plaintiff John R. Ninosky, Esq. 3-<J1 Market Street //P.O. Box 109 / Lemoyne, P A 17043-0109 Attorney for pefendant :rc fERHY K DUFFIE RICH;,R[) W. STE\VAHT ... (' IZm WEID,'fEIl. I!\ EDMli'\D G. MYERS DAVm \\'. DELuCE JEFFERSON J SHIPMAN RALPH H, WRIGHT IR MAHK C. DUFf-IE JOHN R, NINOSKY MICHAEL I, CASSIDY MELiSSA PEEL GREEVY ROflE)(T M. WALKEH W.ID[; D MANLEY LAW OFFICES JOHNSON DUFFIE OF COUNSEL HORACE A, JOHNSO:-J F. LEE SHIPMAN BRUCE I GROSSMAN "admitted in NY only WRITER'S EXT. NO, 140 E-MAIL jrn@jdsw.com October 5,2004 Via Certified Mail 7003 2260 0000 1265 1160 Richard L Webber, Jr., Esquire 126 East King Street Shippensburg, PA 17257 Re: Shaffer v. Bruner No. 02-6161 Cumberland County Common Pleas Dear Mr. Webber: Enclosed please find an Order of Court issuing a Rule relative to the Motion to Compel. If you have any questions, please do not hesitate to contact me. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER John R. Ninosky JRN:mem Enclosure :236750 ....-, "1 . , . ~ ~ ",I " :.._~: \\ ,j , . " u 301 MARKET STREET P,O, BOx 109 LEMOYNE, PENNSYLVANIA 17043.0109 WWWjDSWCOM 717,761.4'540 FAX, 717.761.301'5 MAIL@IDSWCOM JOHNSON, DUFFIE, STEWART & WEIDNER, P,C. CERTI FICA TE OF SERVICE The undersigned does hereby certify that a copy of the foregl:>ing document was served upon the other parties of record by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on IJ /tI/()<.{ Richard L Webber, Jr., Esquire 128 East King Street Shippensburg, PA 17257 Attorney for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER BY~~ Attorney I.D. No. 78000 301 Market Strel9t P.O. Box 109 Lemoyne, PA H043-0109 Telephone (717) 761-4540 Attorneys for Defendant :228061.1 <-- ~ 2/ r- -') '-- ,r .J.. I .- . 7J --:"~ 1"-,., r:"--;:.) C. "':' ~ o -11 --, ;~f~ '.'j(I",) ,::\j (~J -:::; C, ( ) t\nl ~".( 2'~ ~"- \...:...1 -or"} r,) c.) ,"-. .J.:; .. " Johnson. Duffie, Stewart & Weidner By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 717-761-4540 jm@jdsw.com Attomeys for Defendant v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-6161 CIVIL TERM IRVIN M. SHAFFER, Plaintiff HARRY M. BRUNER, Defendant JURY TRIAL DEMANDED CERTIFICA TE 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 hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with a copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty (20) days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice Of Intent, including Ithe proposed subpoenas, is attached to this Certificate; (3) There is no objection to the subpoenas and the twenty day (20) rule has been waived, therefore there is no delay in serving the subpoenas; (4) A copy of correspondence from Plaintiff'!; attorneys, confirming that there are no objections to the subpoenas and the twenty (20) day notice has been waived, is attached to this Certificate; and (5) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: ~L II- N~ ~OSkY, EsqUire Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Date: i jJoS WEIGLE &~ ASSOCIATES, P.C. Attorneys-at-Law 12Ci EAST KING STREET SHIPPENSBURG, PENNSYLVANIA 17257-1397 JERRY A. WEIGLE Associates JOSEPH P. RUANE RICHARD L. WEBBER, JR. Of Counsel THOMAS L. BRIGHT TELEPHONE (717) 532-7388 or (717) 776-4295 I~AX (717) 532-5289 weilzlealisociates(a)earthlink.net December 21,2004 <2 ~~ O'~c/a ~ ~~ ~~~ ~<' ~ ~/'J1.f' ~ ~~~ ~~ ~ John R. Ninosky, Esquire Law Offices of Johnson Duffie 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 RE: Shaffer v. Bruner No.: 02-6161 Cumberland County Dear Mr. Ninosky: I received the letter from your paralegal, Susan M. Ladeda dated December 15, 2004. I have no objections to the Subpoenas that you are requesting. In addition, I am willing to waive the twenty-day waiting period. I will have my client execute the authorization concerning the records from Spinal Imaging, Inc. and will forward it to you. Thank you for yom attention to these matters. Very truly yours, WEIGLE & ASSOCIATES, P.C. -(~ Richard L. Webber, Jr., Esquire RL W/paf Cc: Irvin M. Shaffer Johnson. Duffie, Stewart & Weidner By: John R. Ninosky, Esquire LD. No. 78000 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 717-761-4540 jrn@jdsw.com Attorneys for Defendant v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-6161 CIVIL TERM IRVIN M. SHAFFER, Plaintiff HARRY M. BRUNER, Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 To: Irvin M. Shaffer and Richard L. Webber, Jr., Esquire 128 East King Street Shippensburg, PA 17257 PLEASE TAKE NOTICE that Defendant intends to serve ten (10) 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. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: ~L If?. ~~ ~)SkY, EsqUire Attorney I.D. No. 78000 301 Market Street P.O. Box 10B Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Dale: I;"'/IJ-; 0'1 IRVIN M. SHAFER, Plaintiff COMMONWEALTH OF PENNSYLVAN"~ COUNTY OF CUMBERLAND IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, HARRY M, BRUNER, Defendant NO, 02- 6161 CIVIL TERM SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Orthopedic Institute of Pennsvlvania (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: any and all medical records. corresl)ondence; reports and diaqnostic test results pertaininq to Irvin M, Shaffer mOB: 3/8/38: SS3: 161-32-52€~. at Johnson. Duffie. Stewart & Weidner. 301 Market Street. P.O. Box 109, Lemovne. PA 17043. 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 mSlking 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 Siubpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT 10 #: John R. Ninoskv. Esquire. 301 Market Street Lemovne. PA 17043 717-761-4540 78000 BY THE COURT: '--- hfh.e 2. 7f/Z4crV- Deputy DATE: ~s: C ( j :::u~"')i eal of the C6urt (Eft. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IRVIN M. SHAFER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. HARRY M. BRUNER, Defendant NO. 02- 6161 CIVIL TERM SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Camille Bauahman & Associates (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: any and all medical records. corresl)ondence. reoorts and diagnostic test results oertainina to Irvin M. Shaffer (DOB: 3/8/38: SS3: 161-32-52€ill. at Johnson. Duffie. Stewart & Weidner. 301 Market Street. P.O. Box 109. lemoyne. PA 17043. 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 mclking this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON: NAME: ADDRESS: John R. Ninosky. ESQuire, 301 Market Street lemoyne. PA 17043 717-761-4540 78000 TELEPHONE: SUPREME COURT ID #: BYTHE COURT: (Jd~ Prothonotary/C lerk, Civil Di DATE: c. ~ ~ "- .e ~d<'1" J-- Deputy 6i (Eft, 7/97) IRVIN M. SHAFER, Plaintiff COMMONWEALTH OF PENNSYLVANII~ COUNTY OF CUMBERLAND IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. HARRY M. BRUNER, Defendant NO. 02- 6161 CIVIL TERM SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Casses Chiropractic Clinic (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: any and all medical records. corres[londence. reports and diaanostic test results oertainina to Irvin M. Shaffer (DOB: 3/8/38: SS3: 161-32-526~. at Johnson. Duffie. Stewart & Weidner. 301 Market Street. P.O, Box 109, Lemoyne. PA 17043, 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 Gompelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT 10 #: John R. NinoskY. Esauire . 301 Market Street Lemoyne. PA 17043 717-761-4540 78000 BY THE COURT: '-- ~C! P. 7fo~:ur;W DATE: J)Ec L~ ::lDdf Seal of the Court (Eft. 7/97) COMMONWEALTH OF PENNSYLVANIJ~ COUNTY OF CUMBERLAND IRVIN M, SHAFER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. HARRY M, BRUNER, Defendant NO, 02- 6161 CIVIL. TERM SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Wilson Street Internal Medicine (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: any and all medical records. corresl:londence. reports and diaqnostic test results pertainino to Irvin M, Shaffer (OOB: 3/8/38: SS3: 161-32-5261}. at Johnson. Duffie, Stewart & Weidner. 301 Market Street. P.O. Box 109, lemoyne. PA 17043. 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 ,:;ompelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: John R. Ninosky. Esquire. 301 Market Street lemoyne, PA 17043 717-761-4540 78000 "-- ~~oP7p-Jld4J,r-- ,Deputy . DATE:.JJ~ c l~ d....(;:cJj Seal of the Court (Eff.7/97) COMMONWEALTH OF PENNSYLVANIJ~ COUNTY OF CUMBERLAND IRVIN M. SHAFER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. HARRY M. BRUNER, Defendant NO. 02- 6161 CIVIL. TERM SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Imaaina Associates (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: any and all medical records. corresl::tondence. reoorts and diaanostic test results oertainina to Irvin M, Shaffer (OOB: 3/8/38: SS3: 161-32-526~. at Johnson. Duffie. Stewart & Weidner. 301 Market Street. P.O, Box 109. Lemoyne. PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above, You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: John R. Ninosky, Esauire . 301 Market Street Lemoyne. PA 17043 717-761-4540 78000 BY THE COURT: fL+- Prothonotary/Clerk, Civil Division DATE: ft{ L~ dDD4 Seal of the Coul1: c:.--. ~ rho,! P 7?!( /2/Y.,j Deputy (Eft, 7/97) IRVIN M. SHAFER, Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. HARRY M, BRUNER, Defendant NO, 02- 6161 CIVIL TERM SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Alexander Sprina Rehabilitation (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: any and all medical records, corres~londence, reports and diaanostic test results pertaining to Irvin M. Shaffer (OOB: 3/8/38: SS3: 161-32-526~, at Johnson, Duffie. Stewart & Weidner, 301 Market Street. P.O, Box 109. Lemoyne, PA 17043. 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 Gompelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT 10 #: John R. Ninosky. Esauire . 301 Market Street Lemoyne. PA 17043 717-761-4540 78000 BY THE COURT: (Jb;d~ . ~ /ZlhP P7f-.e~ Deputy . DATE:~c /3 :H~cJ..f Seal of the Cobrt (Eff, 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IRVIN M. SHAFER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. HARRY M. BRUNER, Defendant NO. 02- 6161 CIVIL TERM SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Reqional Medical Center (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: any and all medical records. correstlondence, reports and diaqnostic test results pertaininq to Irvin M, Shaffer (DOB: 3/8/38: SS3: 161-32-52611, at Johnson. Duffie, Stewart & Weidner, 301 Market Street. P.O. Box 109. lemoyne. PA 17043, 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 Gompelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: John R. NinoskY, Esquire, 301 Market Street lemoyne, PA 17043 717-761-4540 78000 BY THE COURT: () - b , ~erk, Civil Division c Lb~p P.~~. eputy . DATE: ~c. I~ J.Dd-j Seal of the Court' (Eft, 7/97) COMMONWEALTH OF PENNSYLVANIJ~ COUNTY OF CUMBERLAND IRVIN M. SHAFER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN.A vs. HARRY M. BRUNER, Defendant NO. 02- 6161 CIVIL TERM SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Belvedere Medical Corporation (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: any and all medical records. correstlondence. reoorts and diaanostic test results oertainina to Irvin M. Shaffer mOB: 3/8/38: SS3: 161-32-526~. at Johnson, Duffie. Stewart & Weidner. 301 Market Street. P.O, Box 109. lemoyne, PA 1,7043, 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 youfail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: John R. Ninosky. Esauire , 301 Market Street lemoyne, PA 17043 717-761-4540 78000 BY THE COURT: prQn~~i~r:, Civil Division ~ ~~O DATE:~{. tJ :J.DYf Seal of the Court (Eft. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IRVIN M. SHAFER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. HARRY M. BRUNER, Defendant NO. 02- 6161 CIVIL TERM SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Masland Associates. Inc. (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: any and all medical records. correspondence, reports and diaqnostic test results pertainina to Irvin M, Shaffer IDOB: 3/8/38: SS3: 161-32-52e~. at Johnson. Duffie. Stewart & Weidner. 301 Market Street. P.O. Box 109, lemovne. PA 17043, 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 Gompelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: John R Ninosky. Esquire. 301 Market Street Lemoyne. PA 17043 717-761-4540 78000 TELEPHONE: SUPREME COURT ID #: BY THE COURT: Cu4+ Prothonotary/Clerk, Civil Division ~aO-r DATE: (Eft. 7/97) IRVIN M. SHAFER, Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. HARRY M. BRUNER, Defendant NO. 02~ 6161 CIVIL TERM SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Medical Arts Buildina Radioloav (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: any and all medical records. corresDondence. reports and diaanostic test results pertaininQ to Irvin M, Shaffer (DOB: 3/8/38: SS3: 161-32-52l~. at Johnson. Duffie. Stewart & Weidner. 301 Market Street. P.O. Box 109, lemovne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above, You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON: NAME: ADDRESS: John R. Ninoskv. Esquire, 301 Market Street Lemovne. PA 17043 717-761-4540 78000 TELEPHONE: SUPREME COURT ID #: BY THE COURT: L-J Prothonotary/Clerk, Civil Division ~ A 0-, (Eff. 7/97) CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on the I~-t-h day of .tPl~lI wrhe.r ,2004. Richard L. Webber, Jr., Esquire 128 East King Street Shippensburg, PA 17257 JOHNSON, DUFFIE, STEWART & WEIDNER By: ~L ll.... ,u~ ~'SkY, Esquire Attorney I.D. No. 78000 301 Market Street P.O. Box 10B Lemoyne, PA 17043-0109 Telephone (7' 17) 761-4540 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on the j fd day of .5'iJ, JIJ fA fJ 1 ,2005. Richard L. Webber, Jr., Esquire 128 East King Street Shippensburg, PA 17257 JOHNSON, DUFFIE, STEWART & WEIDNER By: 4.L II.... A/~ ~10SkY, Esquire . Attorney I.D. No. 78000 301 Market Street P.O. Box 1139 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant .,--; I~. "- '. c c; ,.;>c_ o C" .~ ~, "'"j -, r-.,., = .:=> <:J' '-- o 11 '4 f~~ i2J :q e:J C~)I ~~-~ ()~~ , I '-'~ ~~ ..< ~: .,:::- -0 3: L_) a 0..... PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and sutmitted in duplicate) TO THE PoorHOrorARY OF CUMBERLAND COUNTY Please list the following case: (Check one) x for JURY trial at the next term of civil court. for trial without a jury. CAPTION OF CASE (entire caption llUlSt be stated in full) (check one) (XX) Ci vii Action - Law Appeal from Arbitration IRVIN M. SHAFFER (other) (Plaintiff) vs. The trial list will be called on 2/14/06 and HARRY M. BRUNER, Trials comrence on March 13. 2006 Pretrials will be held on Feb'. 22. 2006 (Briefs are due 5 days before pretrials.) (Defendant) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1. ) No. 6161 Civil ~ 2002 Indicate the attorney who will try case for the party who files this praecipe: John R. Ninosky, Esquire, for the Defendant Indicate trial counsel for other rarties if known: , Richard L. Webber, Jr., Esquire, fbr the Plaintiff I This case is ready for trial. Signed: 0:?lJ f ;J~ Print N::::-nhn R. N1nosky, Esquire Date: 12/22/05 Attorney for: Defendant ,...., f:5 ,-:-;.., o r;-'\ C', r,' CO o ..,-J --1 ~~ < C.I " -c' f.-? \,.'0 IRVIN M. SHAFFER, Plaintiff v. HARRY M. BRUNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02-6161 CIVIL TERM ORDER OF COURT AND NOW, this 14th date of February, 2006, upon consideration of the call of the Civil Trial List, and John R. Ninosky, Esquire, having indicated on behalf of Defendant that this case is being continued pursuant to an agreement of counsel, the case is stricken from the trial list, and counsel are directed to relist it for trial at their convenience. Richard Lee Webber, Jr., 126 East King Street Shippensburg, PA 17257-1326 For the Plaintiff John R. Ninosky, Esquire 302 Market Street P,O. Box 109 Lemoyne, PA 17043-0109 For the Defendant pcb By the Court, ~ 7U5' )./17- C& ~ S~~: : !: ! q ,_ i " ,."'- PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted ill dupBcate) TO nm PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: IKl for JURY tria1 at the next term of civil com1. o for trial without a Jury. --------------------------------------------------------------------------------------------------------------------- CAPTION OF CASE (entire ctlptlon must be stilted in full) (check one) I[] Civil Action - Law o Appeal from arbitration o (other) Irvin M. Shafer, (plaintiff) vs. The trial Ust will be called on 8/2Ul,X, and Harry M~ :Brunert~ Trials commence on 9/18/06 (Defendant) Pretrials will be held on 8/.30/06 vs. (Bmft tIN diu 5 d4ys belore pretrials No. 02-6161 Civil. Term Indicate the attorney who will1ry case for the party who files this praecipe: Jo1:w R Ni TV\~1cy J F.~ 1; TP, 103 Market ,Sltt'eet r T.A'llQyne, PA 17043 Indicate trial counsel for other parties if known: Richard L. Webber, Jr., FJ:;q. , This case is ready for trial. 126 :~~~~m57 Print Name: Jolm R. Nintbsty Date: 7/25/06 Attorney for: DefPlltismt '" 4~'. CERTIFICATE OF SERVICE The undersigned does hereby certify that a copy of the foregoing document was served upon the other parties of record by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on July 25, 2006: Richard L. Webber, Jr., Esquire 128 East King Street Shippensburg, PA 17257 Attorney for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER BY:~ I(~~ Jo nR.Ninosky, Esquire . Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant 228061 !"'.' C"l C;"j .., 'If. <;:-, ~ "'4 A_I ~ ,.._ ;-. ~ IRVIN M. SHAFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW HARRY M. BRUNER, Defendant 02-6161 CIVIL TERM IN RE: CASE STRICKEN FROM LIST ORDER OF COURT AND NOW, this 22nd day of August, 2006, upon consideration of the call of the civil trial list, and upon relation of Jefferson J. Shipman, Esquire, that the case has been settled, it is stricken from the trial list. By the Court, ~ichard L. Webber, Jr., Esquire 126 East King Street Shippensburg, PA 17257-1326 For Plaintiff ~fferson J. Shipman, Esquire John R. Ninosky, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 For Defendant :mae , ~ ~ o Court Administrator I I I ." \;ijN\li\l)'Sf~N3d )JJN~ .-... ~" ,~, .~8V'Jn:) 'i'l ! i 'i.'n !"";". '. "\_",.i ; !'. .1 .' 90 :S rid 22 ~nv 90nz AtNlONOH1Otld 3Hl ~o 3:)U~O-{J311::1 Weigle & Associates, P.C. By: Richard 1. Webber, Jr., Esquire 1.D. No. 49634 126 East King Street Shippensburg, Pennsylvania 17257 (717) 532-7388 . ' . :<~Or.il\", .. _ '.~;.C~~l,' ",,~ .'-;.", """ Attorneys Tor r'lalntiff IRVIN W, SHAFFER, Plaintiff v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO, CIVIL TERM NO: 02-6161 HARRY, BRUNER, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Kindly mark the docket in the above captioned matter SETTLED and DISCONTINUED WITH PREJUDICE, Respectfully submitted, WEIGLE & ASSOCIATES, P,C, By ?JV -t. ~ ---i Richard L. Webber, Jr., Esquire I.D, #: 49634 126 East King Street Shippensburg, PA 17257 Attorneys for Plaintiff Telephone: (717) 532-7388 DATE: f !).5/b!, o S ~'i> -O\..'}', DJ1,,; 6~~:': _.-.r .-.: ~.~.~, :-';'C: ~ -( ,..., = = "" ". c:: "', N ..0 -0 :::!t: ~ :i:!::n n1r- -om coe;:' C:;g -,- ,< .',_,1 ~,~~ (~) ~-:'-m o ~ .< w ." (:) a>