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SHERIFF'S RETURN - REGULAR
CASE NO. 1991-0~163 P
CO""ONWEALTH OF PENNSYLVANIA.
COUNTY OF CU"BERLAND
ABY ALICE A
VS.
YOHE LARRY ET AL
ROBERT L. FINK. SR. . Sh.riff or D.puty Sh.riff of
CU"BERLAND County, P.nn.ylvania, who b.ing duly .worn according
to law, .ay., the within WRIT OF SU""ONS wa. ..rv.d
upon YOHE LARRY the
d.fendant, at 12~~.00 HOURS, on the ~ day of Nove~ber .
192Z at 313 "EANS HOLLOW ROAD
SHIPPENSBURG. PA 112~1 .CU"BERLAND
County, P.nn.ylvania, by handing to CHANDRA YOHE. ADULT DAUGHTER
OF DEFT.
a true and att..t.d copy of the WRIT OF SU""ONS
and at the saM. tiMe dir.~ting HRL attention to the cont.nts th.r.of.
.
Sh.ri:ff'. Co.t..
Dock.ting
Service
A:f:fidavit
Surcharge
18.00
13.02
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2.00
So answers. . ,/ ~
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H. 'I hOMas K11ne, 5her :I:
.~~.0~ uAVID CLEAVER
11/01/1991~/ . ;I
by ~~~/-?
epu y tflrt
Sworn and .ub.cribed to before me
this 1 ~ day of 74"",." t<---
19 t;7 A.D,
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SHERIFF'S RETURN - REGULAR
CASE NO. 1997-0~763 P
CO""ONWEALTH OF PENNSYLVANIA,
COUNTY OF CU"BERLAND
ABY ALICE A
VS.
YOHE LARRY ET AL
ROBERT L. FINK. SR.
CU"BERLAND County, P.nn.ylvania,
to law, .ay., tho within WRIT OF
upon YOH! JEANNE
d.~.ndant, at 12~~,00 HOURS, on the ~ day o~ Nov.mb.r
19~ at 313 "EANS HOLLOW ROAD
SHIPPENSBURG. PA 172~7 .CU"BERLAND
County, P.nn.ylvania. by handing to CHANDRA YOHE. ADULT DAUGHTER
. Sh.r1~f or D.puty Sh.ri~~ o~
who b.ing duly .worn according
SU""ONS wa. ..rv.d
the
Of" DEFT.
a tru. and att..t.d copy o~ th. WRIT OF SU""ONS
and at th. .am. ti.. dir.ating HtL att.ntian to the cont.nt. th.r.o~.
.
Sh.ri~~'1I CO.tll'
Dack.ting
S.rvia.
A~~idavit
Surcharg.
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2.00
So an.w.r., ~ ..-::' ~
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H. Tnoma. Klin.. sn.ri:!:
.8.~~ uAVID CLEAVER
11/07/~;97 ~.~ .~
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Sworn and .ub.crib.d to b.~or. m.
thi. .] ~ day o~ 7J ~ t (~/
19 q, A. D.
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ALICE A. ABY,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA
: CIVIL ACTION - LAW
VS.
LARRY YOHE and
Jeanne Yohe.
Defendant's
: NO. 97-5763
: JURY TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY:
Please enter the undersigned's appearance on behalf of t:,e Defendant's, Larry
and Jeanne Yohe, with regard to the above-captioned matter.
Respectfully submitted,
NEALON & GOVER
By:
Ma ew R. Go r, Esquire
Atty. 1.0.#47593
301 Market Street -- 9th Floor
P.O. Box 865
Harrisburg, PA 17108-0865
(717) 232-9900
.
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CERTIFICATE OF SERVICE
AND NOW, this 12th day of November, 1997 I hereby certify that I have served
the foregoing Praecipe on the following by depositing a true and correct copy of same
In the United States malls, postage prepaid, addressed to:
David C. Cleaver, Esquire
1035 Wayne Avenue
Chambersburg, PA 17201
Respectfully submitted,
NEALON & GOVER
I/I.Tv~ ~ 4-~
By: 1-v({ , (
Matthew R. Gover
Attorney 1.0. #47593
301 Market Street -- 9th Floor
P.O. Box 865
Harrisburg, PA 17108-0865
(717) 232-9900
-
ALICE A. ABY,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA
: CIVIL ACTION. LAW
vs.
LARRY YOHE and
JEANNE YOHE,
Defendant's
: NO. 97.5763
: JURY TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY:
Please Issue B Rule upon the Plaintiff to file a Complaint within twenty (20) days or
suffer a judgment of non pros.
allh wR. r,
Atty. I 0, #47593
301 Market Street -- 9th Floor
P.Q, Box 865
Harrisburg, PA 17108.0865
(717) 232-9900
RW..E
TO THE PLAINTIFF:
A Rule Is hereby Issued upon you to file B Complaint within twenty (20) days of
service of this Rule or suffer a Judgment of non pros.
DATED: }LeV-. 13, Iq47
.iaw'~)UL e. /V~
Prothonotary
"4: {J;.y..tuL (). I~~, ~jU<-1;j
CERTIFICATE OF SERVICE
AND NOW, this 12th day of November, 1997 I hereby certify that I have served
the foregoing Praecipe on the following by depositing a true and correct copy of same
In the United States mails, postage prepaid, addressed to:
David C. Cleaver, Esquire
1035 Wayne Avenue
Chambersburg, PA 17201
Respectfully submitted,
NEALON & GOVER
If~~
By:
Matthew R. Gover
Attorney I.D. #47593
301 Market Street - 9th Floor
P.O. Box 865
Harrisburg, PA 17108-0865
(717) 232-9900
Civil Action. Law
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Alice A. Aby,
Plaintiff
No. A.D. 1997-
fi'/- I)'/ff j
Legal Action
I
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vs.
Larry Yohe and Jeanne Yohe,
Defendants
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PRAECIPE FOR WRIT OF SUMMONS
To Lawrence E. Welker, Pro1honotary:
Issue a writ of summons directed to the defendants in the above captioned
cause notifying the defendants that the plaintiff has cornmenced an action against them
which they are required to defend or a default judgment may be entered against them.
3/3 # I'tll~ 4t1~CLl ^~{d...
0L-ffUt,sIa-U(j PA 17)j7
avid C, Cleav r
Attorney for Plaintiff
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Commonwealth of Pennsylvania
County of Cumberland
Alice A. Aby
Court oC Conunon Pleaa
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Larry Yohe and
Jeanne Yohe
313 Means Hollow Road
Shippensburg PA 17257
No. m.3..7:"_:iJJi.;U;:j,Y.lLT~I.:J;;!Jl._..___ 19.___
Civil Action - Law
In _ _. _..... __._ ______ _ ______ _. ____ .___________.
Larry and Jeanne Yohe:
To ..____.__._............__._...___....._.___._
You are hereby no tined that
Alice A. Aby
.------------------------------------------------.------------------------------------------------
the Plain tiC!
.. Summons - Civil Action - Law
ha. s commenced an action In ...._..____.....__......__.._____.._______..__....____...._..............__.....___
against you which you are required 10 deCend or a default judgment may be entered against you,
(SEAL)
Lawrence E. Welker
Date _____~c:~c:?_~:__~_~!__m____ 19~!.._
...__._--_...__._--p~-~---~~..__._.._.._-------
By --.-. -~,\J~--,6.- ~-~~~~J-------
J De uty U
No. __~7_:?J_~}__~_~Y}_~_____ 19____
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",
Alice A. Aby
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Larry Yohe and
Jeanne Yohe
------------------------------------
Summons in
------------------------------------
Civil Action - Law
DIIv:id c. Cleaver. &Iq.
1035 Wayne Ave.
a~ab..trg PA 17201
(717) 264-1110
------------------------------------
Attorney
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PA
Alice A. Aby,
Civil Action - Law
Plaintiff
vs.
No. 97 - 576J
Jeanne Y ohe,
Defendllnt
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to delcnd against the claims set forth in the
following pages. you rnust take action within twenty (211) days alier this Complaint and Notice
are served, by entering a written appearance personally or by an attorney and tiling 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 he entered
against you by the Court without further notice for any money claimed in the Complaint or l(lr
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.
Lawyer Relcrral Service
Court Administrator
Cumberland County Courthouse
CarlL~le. PA 17111J
Telephone: 717-24()-62(KI
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
Alice A. Aby.
Civil Action - Law
Plaintiff
vs.
No. 97 - 576:1
Jeanne Yohc,
Defendant
COMPLAINT
Now comes the plaintiff by David C. Cleaver. the plainliffs attorney and for cause of
action against the defendant says:
I.
The plaintiff is Alice A. Aby. a sui juris adult. who lives and resides at 5282 Gree:nvillage
Road. Chambersburg. Franklin County, Pennsylvania.
2.
The: defendanl is Jeanne Yohe. a sui juris adull who lives and resides al :I B Means
Hollow Road. Shippensburg. Pennsylvania.
3.
On or abouI November 20. 1995. in Ihe Borough of Shippensburg. Cumberland County.
Pennsylvania. the plaintiff was then and Ihere riding as a passenger in an aUlllmobile driven by
her husband and was being operated upon Fayelle Streel in Shippensburg. Pennsylvania.
4.
At the time and place above alleged, Ihe defendant was operating her automobile on
Fayelle Street in Shippensburg. Pennsylvania.
s.
At the time and place above alleged, the plaintiffs husbllnd's automobile and lhe
detcndant's automobile were involved in an accident which resuhed in personal injury to the
plaintiff. and occurred in the following manner:
A. PlaintitTs husband was driving the automobile on
Fayette Street in the same direction a.~ defendant
and was hit in the rear of his car hy the defendant
when he stopped at a stoplight.
6.
The accident above alleged resulted solely from the negligence and recklessness of the
defendant and was due in no manner whatsoever to any act or failure to act on the part of the
plaintiff or the plaintitT s husband.
7.
The accident above alleged and all the herein mentioned injuries and damages sustained
by the plaintiff are the direct and proximate result of the careless. reckless and negligent manner
in which the defendant operated her motor vehicle, which carelessness, reckless, and negligence
is more fully set fonb a.~ follows:
A. In failing 10 kecp alen and maintain a proper lookout for
the presence of other motor vehicles lawfully on the
highway being traveled by the plaintiffs husband;
B. In driving at an excessive rate of speed under the circum-
stances then and there exi~ling;
C. In failing to kecp proper and adequate control of the
motor vehicle the defendant wa.~ driving;
D. In failing to keep and maintain an assured clear distance
ahead;
E. In failing to apply the brakes in time to avoid striking
the plaintiff.
8.
As a direct result of the negligence of the defendant as above alleged. the plaintiff has
suffered injurics which arc or may be serious, permanent and di.~abling, which injuries are as
follows:
A. Severe cervical sprain;
B. Soft tissue injury to the cervical spine;
C. A herniated disc;
D. Migraines;
9.
As a direct result of the negligence of the defendants as above alleged, the plaintiff has
incurred various medical and hospital expenses for treatment of the plaintiff by physicians and
hospitals, some of which ll'ay not I1c paid by her first pany benefits ur may I1c subject III a right
of subrogation.
10.
As a direct result of the negligence of the defendant as abuve alleged. the plaintiff has
incurred and undergone, and in the future will incur and undergo. great mental and physical pain
and suffering, great inconvenience in carrying out her daily activities. loss of life' s plca.~ure and
enjoyrnent, and will continue to incur such losses for an indelinite time in the future.
WHEREFORE, plaintiff demands damages against the dcli:ndant in an amuunt in excess
of S8.IXXl.OO. but not in excess of $25,IXXl.OO. together with costs of suit a.~ allowed by law.
And the plaintiff will ever pray, etc.
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./ llomey for PJam i
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1 verify that the statements made in this Complaint are true and correct. I understand Ihal
false statements herein are made subject to the penalties of perjury contllined in III Pa. C.S.
Seclion 4904. relating to unsworn falsification to authorities.
Date: 1- 2 -'IF
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NEALON & GOVER
A ~"o"r...IONAL CQ,,~O""'TIOH
ATTORNEYS AT LAW
-
301 MARKET STREET . QTH FLOOR
P.O, BOX see
HARRISBURO. PENNSYLVANIA 17108-08.,8
.. FlLElXlmcE
Or Th~ rROTHCNOTAAY
98 F'EfJ -6 PH 3136
CUM~f.rVJiD COUNTY
F ENNSY'..ViWl6,
ALICE A. ABY,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA
VI.
.
.
: CIVIL ACTION - LAW
JEANNE YOHE,
Defendant
: NO. 97-5763
: JURY TRIAL DEMANDED
ANSWER TO COMPLAINT
AND NOW comes Jeanne Yohe, by her attorneys, NEALON & GOVER, and files
the following Answer to Plaintiffs' Complaint:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5-8. Denied. Pursuant to Pa. R.Clv. P. 1029(e).
9-10. Denied. After 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.
WHEREFORE, Jeanne Yohe, respectfully request that the Plaintiffs' Complaint
be dismissed with costs.
Respectfully submitted,
NEALON & GOVER
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atthe . G ver, Esquire
Atty.I.D.#47593
301 Market Street -. 9th Floor
P.O. Box 865
Harrisburg, PA 17108-0865
(717) 232-9900
VERIFICATION
I, Jeanne Yohe 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.S. ~904 relating to unsworn falsification to authorities.
[li,lle4t / ?;/ /,~
J nne Yohe' I
I
Dated:
r
CERTIFICATE OF SERVICE;
AND NOW, this
--{ee ,,} ~
(r day of -I _
, 1998 I hereby
certify that I have served the foregoing Answer on the following by depositing a true and
correct copy of same in the United States mails, postage prepaid, addressed to:
David C. Cleaver, Esquire
DAVID C. CLEAVER & ASSOCIATES, P.C.
1035 Wayne Avenue
Chambersburg, A 17201
Respectfully submitted,
NEALON & GOVER
By: #~4~^"
Matthew R. Gover
Attorney I.D. #47593
301 Markel Slreet - 9th Floor
P.O. Box 865
Harrisbur9, PA 17108-0865
(717) 232-9900
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
Alice A. Aby,
Plainliff
: Civil Action - Law
v.
: No. 97-5763
Jeannc Yohc,
Defendant
: Jury Trial Demanded
ANSWER TO REQUEST FOR PRODUCTION OF
DOCUMENTS
1. PlaintilT has no invcstigative file.
2. Plaintiff has no statements from any witnesses.
3. Plaintiff has no photographs.
4. Plaintiff has not contacted any potenlialwitnesses. and the only witness known to plaintiff
to have seen and witnessed the accidenl is revealcd in the Answer to Interrogatories.
5. PlaintilThas no reports from any experts at this time. the only reports would be medical
rcports from treating physicians.
6. Plaintiff will furnish all medical re/ords as and when received from treating physicians.
mcdical records and medical bills r\e~\'ed 10 date are attached hereto.
7. Plaintiff has not attached Fcderal. Stale or local income tax returns lor the past five years
bccause plaintiff is not making a claim lor wage loss.
All
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CERTIFICATE OF SERVICE
I, David C. Cleaver, of th~' law lirnl of David C. Cleaver & Assoc., P.C., Attorney for
Plaintiffs. hereby certify that I served a true and correct copy of the within Answer to Request for
Production of Docurnents by United States First Cluss Mail, postage prepaid. on defendant's
Attorney, Matthew R, Gover. Esquire, 301 Market Street - 9lh Floor, P.O. Box 865, Harrisburg.
PA 17108-0865.
Dated: If-! 2';.1 q:;
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NEALON & GOVER
A ~AO'E..IONAL CORPORATION
ATTORNEYS AT LAW
-
301 MARKET STAEET - 8TH FLOOR
P.O. BOX 8aS
HARRISBURG, PENNSYLVANIA 17108-08015
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ALICE A. ABY
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v.
FILE NO. 97-5763
JEANNE YOHE
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
;,
,
As a prerequisite to service of a Subpoena for documents and things
pursuant to Rule 4009.22, Defendant, certifies that:
1. A Notice of Intent to Serve tt'le Subpoena with a copy of the
Subpoena attached thereto was mailed or delivered to each party at least 20 days prior
to the date on which the Subpoena is sought to be served,
2. A copy of the Notice of Intent, including the proposed Subpoena, is
attached to this Certificate.
3. No objection to the Subpoena has been received, and
4. The Subpoena which will be served is identical to the Subpoena
which is attached to the Notice of Intent to Serve the Subpoena.
DATE: 5/26/98
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Matthew R. Gover, ESQUIRE
ATTORNEY FOR DEFENDANT
.,
va.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA
: CIVIL ACTION - LAW
ALICE A. ABY,
PlaIntiff
: NO. 97-5763
JEANNE YOHE,
Defendant
: JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE A SUBPOENA
TO PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.21
Defendant, Jeanne Yohe, intends to serve a Subpoena[s) identical to the
one[s) that is 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
Subpoena[s). If no objection is made the Subpoena[s) may be served.
Date:May 11,1998
Matthew R. GO'ler Esquire
Attorney for the Defendant
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ALICE A. ABY
v.
: FILE NO. 97.5783
JEANNE YOHE
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Dr. William Freeman
Within twenty (20) days after service 01 this Subpoena, you are ordered by the Court to
produce the lollowlng documents or things: SEE ATTACHED at the offices 01 Nealon & Gover. 301
Market Street, g'" Floor, Harrisburg, PA 17101.
You may deliver or mall legible copies 01 the documents or produce things requested by
this Subpoena, together With the Certificate 01 Compliance, to the party making this request at the address
listed above. You have the right to seek in advance the reasonable cost 01 preparing the copies or
prodUCing the things sought.
II you lail to produce the documents (lr 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 01 the lollowing person:
Sharon Mlnnaugh, Paralegal for
Matthew R. Gover, Esquire
301 Markst Street, 9'" Floor
Harrisburg, PA 17101
717-232-9900
Attorney for Defendant
BY THE COURT:
DATED:
PROTHONOTARY
Seal of the Court
EXPLANATION OF REQUIRED RECORDS
TO: Custodian of Records For:
Dr. William Freeman
Valley Medical Group
67 W. King Street
Shippensburg, PA 17257
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
Alice Aby
166-48.8838
9/28/52
EXPLANATION OF REQUIRED RECORDS
TO: Custodian of Records For:
Dr. Stanton Sollenberger
764 Lincoln Way East
Chambersburg, PA 17201
ANY AND ALL MEDICAL RECORDS, O~FICE 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
Alice Aby
166-48.8838
9128/52
.,
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ALICE A. ABY
v.
: FILE NO. 97.5783
JEANNE YOHE
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Dr. Arv Kumar
Within twenty (20) days after service 01 this Subpoena, you are ordered by the Court to
produce the following documents or things: SEE ATTACHED at the offices 01 Nealon & Gover, 301
Market Street, 9" Flocr, Harrisburg, PA 17101.
You may deiiver or mail legible copies 01 the documents or produce things requested by
this Subpoena, together with the Certificate 01 Compliance, to the party making this request at the address
listed above. You have the right to seek in advance the reasonable cost 01 preparing the copies or
producing the things sought.
If you lail 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 10
comply with it.
This Subpoena was issued at the request 01 the following person:
Sharon Mlnnaugh, Paralegal for
Matthew R. Govllr, Esquire
301 Market Street, 9" Floor
Harrisburg, PA 17101
717.232-9900
Attorney for Defendant
BY THE COURT:
DATED:
PROTHONOTARY
Seal 01 the Court
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AND NOW, this 26'" day of May, 199B, I hereby certify that I have served
the foregoing Certificate Prerequisite to Service of a Subpoena on the following by
depositing a true and correct copy of same in the United States mails, postage prepaid,
addressed to:
David Cleaver, Esquire
1035 Wayne Avenue
Chambersburg, PA 17201
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Matthew R. Gover, Esquire /
ALICE A. ABV,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA
: CIVIL ACTION. LAW
v.
LARRY YOHE and
JEANNE VOHE,
Defendants
: NO. 97.5763
: JURY TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above-captioned matter settled, satisfied and
discontinued.
Respectfully submitted,
.IfI""
DAVID C. CLEAVER & ASSOCIATES
17201
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